Tuesday 14th March 2017 by THISDAY Newspapers Ltd

Supply Glut: Banks Now Seek Customers to Buy FX Obinna Chima with agency report Banks are now looking for customers to buy the surplus greenback currently in their vaults, following the recent interventions by the Central

Bank of Nigeria in the interbank market. In a bid to close the gap between the interbank and parallel market rates, the CBN has sustained its intervention in the foreign exchange (FX) market and has resolved to

continue to flood commercial banks in the country with dollars. However, the banks are now reported to be holding excess FX and are seeking customers to buy dollars. So far, the banks have

cleared the backlog of pent up demand for the greenback for personal/basic travel allowances, school fees and medicals. A banker told the News Agency of Nigeria (NAN) that his bank had so much

dollars that its officials were asked to encourage customers to request for the greenback. The source said that the bank wants to avoid a situation where it would be forced to return excess FX to the CBN, as doing so might force the

CBN to reduce the quantity of FX sold to the bank. Another source from FirstBank also confirmed that the bank has succeeded in clearing all pending requests Continued on page 8

NSA Restricts Helicopter Shuttle During Abuja Airport Closure... Page 12 Tuesday 14 March, 2017 Vol 22. No 7999. Price: N250

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Dangote Refinery Orders Compressors, Turbines from German Firm...

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Buhari Resumes, Osinbajo Says President ‘Reasonably Satisfied with His Performance’ N'Assembly gets resumption letter President directs VP to head mediation team on N’Delta crisis

Tobi Soniyi in Lagos, Ndubuisi Francis, Omololu Ogunmade, Damilola Oyedele and James Emejo in Abuja President Muhammadu Buhari yesterday resumed duty as the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria, 53 days after he proceeded on a

medical vacation in the United Kingdom (UK). He was also fully briefed by Vice-President Yemi Osinbajo who acted as president while he was away in London, the British capital. The closed-door meeting, which began at about 12 p.m., lasted for over an hour. Briefing journalists after the Continued on page 8

Customs Backtracks, Says It Won’t Force Car Owners to Pay Duties

Says legal action by VOAN unnecessary Vehicle owners in Kaduna, Port Harcourt, Bauchi shun directive, Lagos records low turn out Ndubuisi Francis in Abuja, Ernest Chinwo in Port Harcourt, Eromosele Abiodun in Lagos, Segun Awofadeji in Bauchi and John Shiklam in Kaduna

Following the widespread outcry and threat of a law suit by Nigerians and the Vehicle Owners Association of Nigeria (VOAN) to challenge the decision by the Nigerian

Customs Service (NCS) to compel vehicle owners in the country to pay duties on uncustomised cars, the Customs Service yesterday beat a retreat, denying that its policy was targeted at car owners. It also said that it never contemplated taking any measure to force compliance, Continued on page 8

WHAT GOD HAS JOINED TOGETHER...

L-R: President Muhammadu Buhari; Vice-President Yemi Osinbajo; and the president’s Chief of Staff, Abba Kyari, in the president’s office at the Presidential Villa, Abuja, when Buhari who resumed work yesterday after a 50-day break, bowed to Osinbajo, seemingly calling him “Mr. Acting President”, before sending his letter to the National Assembly on his resumption of office and holding a meeting with his deputy on the actions taken during his absence state house

T H I S D AY TUESDAY MARCH 14, 2017

â&#x20AC;¢ Continued on page 36

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

PAGE EIGHT CUSTOMS BACKTRACKS, SAYS IT WON’T FORCE CAR OWNERS TO PAY DUTIES adding that the policy was being “misconstrued, misinterpreted and has been blown out of proportion”. The Customs Service was forced to backtrack on its policy even as car owners and dealers shunned its zonal offices in Port Harcourt, Kaduna and Bauchi, while turn out was very low at its Lagos zonal office, where the NCS had directed car owners nationwide to pay their duties during the one-month grace period which came into effect yesterday. The policy has been condemned by the Senate, which passed a resolution asking the NCS to suspend the policy, the Nigerian Labour Congress (NLC), civil society

groups, and VOAN. Despite the condemnation, NCS doubled-down on its directive by ordering car owners and dealers to comply, failing which their cars would be impounded. At best, it offered a 60 per cent rebate on cars bought before 2016. Its refusal to suspend the policy, based on the Senate resolution, drew the wrath of the upper legislative chamber, which summoned the Comptroller-General of Customs, Col. Hameed Ali (rtd.) to appear in his uniform before the Senate tomorrow. However, speaking to THISDAY on the phone yesterday, the acting public relations officer of the NCS, Mr.

Joseph Atta, regretted that the policy had been misconstrued, misinterpreted and blown out of proportion. He also said that the threat by VOAN to take legal action against the Customs Service if it did not reverse the policy was uncalled for. Attah stressed that at no time was the policy targeted at car owners. However, this clarification by the Custom Service was conspicuously missing when it offered the 60 per cent rebate last week on cars bought before 2016. According to Attah, there was nothing special about the policy to generate the kind of unnecessary hysteria it was

generating from some quarters, adding that the Association of Motor Dealers of Nigeria (AMDON) were the ones who approached the NCS seeking to be allowed a period of grace to pay duties on uncustomised cars. He stated that there was nothing new about the policy, except that motor dealers were asked to use the period to pay for unpaid duties on vehicles. On compliance with the policy, for which the grace period commenced yesterday, Attah asked for a few days to get feedback from the four zonal centres designated as duty collection centres. The four zonal offices of the NCS are: Zone A Headquarters,

No. 1 Harvey Road, Yaba, Lagos; Zone B Headquarters, Kabala Doki, Kaduna; Zone C Headquarters, Nigeria Ports Authority, Port Harcourt and Zone D Headquarters, Yelwa Tudu Road, Bauchi State.

Car Owners Ignore NCS When THISDAY visited the Customs zonal office in Port Harcourt, one of the approved payment points for vehicle duties, car owners in the city and its environs gave the NCS the cold shoulder. In fact, not a single motorist was found at its premises yesterday. The few customs personnel seen in the premises were busy

carrying out other functions. Neither the zonal PRO, Ken Olowo, nor the comptroller was at his desk. However a staff of the NCS, who did not wish to be named, said he was aware that some persons had made enquiries about the payment of duties but none came to pay yesterday. He blamed the situation on the “confusion” that trailed the intervention of the Senate. He said he was certain that many Nigerian would have wished to pay the duty on their vehicles, but the stance of the Senate was a disincentive. Continued on page 10

BUHARI RESUMES, OSINBAJO SAYS PRESIDENT ‘REASONABLY SATISFIED WITH HIS PERFORMANCE’ meeting, Osinbajo said Buhari was reasonably satisfied with his performance as acting president. The president’s resumption was announced in a statement by his Special Adviser, Media, Mr. Femi Adesina. He said Buhari fully resumed work after complying with Section 145 of the 1999 Constitution, which requires him to transmit a letter of resumption to the National Assembly whenever he returns from a vacation before he can resume duty. With yesterday’s transmission, Osinbajo who had discharged the functions of the president’s office since January 19, when Buhari proceeded on vacation, ceased to be acting president. “In compliance with Section 145 of the 1999 Constitution, the president has formally transmitted letters to the Senate and the House of Representatives, intimating the National Assembly ‘that I have resumed my functions as the President of the Federal Republic of Nigeria with effect from Monday, March 13, 2017, after my vacation’,” the statement said. During his remarks to the media yesterday, Osinbajo said the president was “over-ready” to resume work. The vice-president said that he met with the president to bring him “up to speed on some of the things done while he was away”. Osinbajo also said having had several days of rest, the president was fit to take over

presidential responsibilities from where he stopped, disclosing that the president had given some directives on certain issues such as the North-east crisis, 2017 budget and the economy. He also said that he and the president reached an agreement on some issues, pointing out that the administration has always worked together as a team and hence, would not be anything new if the president still delegates responsibilities to him. Osinbajo said: “The president, after receiving the briefing, gave a few directives on what we should be doing – the Northeast, the budget, the economy, basically on a wide range of issues.” The vice-president also confirmed that the letter notifying the National Assembly of the president’s resumption had already been sent to the National Assembly. Osinbajo said: “The president has resumed and he is doing very well.” When asked whether the president appeared strong enough to perform the functions of his office, Osinbajo said: “He has held a meeting with me for well over an hour where we discussed a wide range of issues, so his readiness was not in doubt at all. I think he is over-ready.” Osinbajo also said that he was reverting to his position as vice-president. On the president’s view of his (Osinbajo) performance as acting president, the vicepresident said: “I think the president was reasonably

satisfied.” He said all decisions he took as acting president received the approval of the president. “The president is always giving me several responsibilities, but what we must always recognise is that the way this administration works has always been one of team work. “There is very little that is done without the president’s clearance. Even my responsibilities that are constitutional, we have full discussions on them and reach an agreement on a lot of these issues. “Practically everything, I discuss fully with him and have his endorsement before we go on and do them,” he said. The president left for the UK on January 19 on a medical vacation. He eventually returned to the country last Friday, exactly 50 days after he left the country on his vacation initially slated for 10 days, but was extended by an extra 40 days on the advise of his doctors. While Buhari had admitted upon his return that he was ill, details of his health have been kept under wraps. As a mark of the president’s confidence in his deputy, Buhari yesterday directed Osinbajo to head the mediation team charged with resolving the crisis in the Niger Delta region. The Special Adviser to the President on Niger Delta Affairs, retired Brig.-Gen. Paul Boroh disclosed this to newsmen in Abuja. Boroh said the choice of

Osinbajo as leader of the government’s fact-finding delegation on the crisisridden region was informed by Buhari’s strategic plan to engender peace in the region. Boroh said that the positive impact of the visits by Osinbajo to the region was already being felt in the country. According to him, Osinbajo’s hands-on approach has helped to reassure the people in the region of government’s commitment to resolving the crisis in the Niger Delta. The visits, he noted, would meet the president’s expectations of not only building confidence among the people on government’s intentions, but also a factfinding mission that would pave the way for a workable and lasting solution. He said: “President Muhammadu Buhari knew what he was doing when he directed the (then) acting President to head the delegation. You need to have seen him in action when we visited different communities in the oil-producing states. “There is no doubt that the president knows that peace in the Niger Delta region is crucial to the development of the entire country. “The visits by the vicepresident to the Niger Delta is in phases to cover all Niger Delta states. We have so far visited Akwa Ibom, Edo, Bayelsa, Rivers and Imo States. The next phase will be Cross River, Abia and Ondo States. “By that, we would have covered the entire Niger Delta

states. “This visit is in two folds: it is both a confidence-building and a fact-finding mission because a lot of information has been heard about the Niger Delta but no single person can claim to know all about the Niger Delta. “It requires the common effort by all towards ensuring that the issues of the Niger Delta are resolved. The information will be collated and we will sit back and resolve how best to tackle the information we get, for the immediate, short and long-term,” Boroh said. He also disclosed that efforts were being made to pay beneficiaries of the Amnesty Programme who are studying abroad and whose fates were hanging in the balance due to inability to meet their financial obligations in the various countries. He stated that although the Amnesty Office would have to defray a lot of liabilities when funds allocated to it are eventually released, priority would be given to the foreign beneficiaries especially those who will soon be graduating. While explaining that the Amnesty Office is compelled to deal daily with false allegations made against it by some aggrieved youths who crave to benefit from the programme, he noted that the progamme is at the integration phase, adding that it would be difficult for it to accommodate new entrants who were not captured when the amnesty offer was in place. “As for those abroad whose

fees are not yet paid, it is the immediate concern of the Amnesty Programme and the entire country as a result of the downturn in our economy. “We have a lot of liabilities but the Amnesty Office tries to offset these liabilities as we receive funds. “We are prioritising based on those graduating soon. We handle them first and later handle those graduating in the nearest future. It is on course. When the next resources we are expecting get to us, we will offset all the debts,” he said. Meanwhile, the Senate and the House of Representatives both confirmed yesterday that they were in receipt of the president’s letter formally notifying the National Assembly of his resumption of duty. In separate letters addressed to Senate President Bukola Saraki and the Speaker of the House of Representatives, Hon. Yakubu Dogara, Buhari said the letter was in compliance with Section 145 of the constitution. The letter would be read on the floor of both chambers at plenary today. A copy of the letter dated March 13, 2017, which was obtained from the House read: “In compliance with Section 145 of the 1999 Constitution (as amended), I write to intimate the House that I have resumed my functions as the President of the Federal Republic of Nigeria with effect from Monday 13th March, 2017, after my vacation. Please accept, Honourable Speaker, the assurances of my highest consideration.”

is likely to go up. The CBN could not intervene in the FX market in 2016 because of low oil production, low prices and because foreign reserves were also low. “Today, oil price is up, reserves have also gone up, the outlook for oil prices is stable and production in Nigeria is going back to capacity, so it has the capacity to intervene. “In a couple of months, the central bank should be able to meet all of the demand and the multiple exchange rates will converge,” he said. There were indications at the weekend that the CBN would remain unrelenting in providing liquidity to the interbank FX market and will inject more dollars into the market this week. There were indications at the weekend that the CBN would remain unrelenting in providing liquidity to the interbank FX market and would inject more dollars into market this week. CBN spokesman, Mr. Isaac

Okorafor, in a chat with THISDAY yesterday, revealed that the CBN intervenes in the interbank market with $1.5 million daily. He also disclosed that the central bank would carry out a special wholesale intervention through an FX forwards auction as well as for invisibles today. But the CBN spokesman declined to reveal the amount of dollars that will be auctioned by the Bank. Reuters also quoted traders as stating that the central bank sold dollars yesterday at its highest level on the official interbank market since August, effectively pushing down the naira. The local currency fell to N306 per dollar on the interbank market from the N305.50 level it has traded since last year. Traders said the central bank intervened at N305.50 yesterday and then commercial lenders resold dollars at a 0.50 naira margin. A total of $6.25 million was traded.

On the parallel market, however, the naira appreciated to N460 to the dollar, stronger than N463 during trading last Friday.

SUPPLY GLUT: BANKS NOW SEEK CUSTOMERS TO BUY FX for the greenback as far back as September 2016. Also, a source in Guaranty Trust Bank (GTBank) commended the decision of the CBN to flood the market with FX, thereby allowing the bank to meet the legitimate requests of its customers. It was also gathered from Heritage Bank that prior to the interventions by the CBN, the bank just needed one page in the newspapers to publish the names of individuals and companies to which it sold FX. “Right now, we take two or three pages in the newspapers to publish the names of legitimate individuals and companies that we disbursed FX to. “We have more than enough foreign exchange to meet the request of our customers for school fees and others,” an official of Heritage Bank said. So far, the CBN has pumped in $1.370 billion for both wholesale and retail interventions into the interbank FX market since it announced

the new FX policy measures about three weeks ago. Also, the Managing Director of Fidelity Bank, Mr. Nnamdi Okonkwo dismissed speculations in some quarters that banks were not fully complying with the new FX policy actions introduced by the CBN. Okonkwo said at a forum in Lagos yesterday that banks had since cleared the backlog of school fees, PTA, BTA and medicals after the CBN channelled huge dollar disbursements to the market. He said: “Banks are united with the CBN’s new forex measures. In fact, the meeting we had before the announcement was made lasted for almost five hours. “The measures have been very successful and most banks have cleared the demand backlog for PTA.” The Fidelity Bank MD, who said the initiative was “on course”, pointed out that the central bank was adopting

various strategies to ensure that it achieves its objectives. “I got a call from the CBN governor, reporting one of the Fidelity Bank branches that failed to pay PTA to a customer. I quickly contacted the branch and was informed that the customer came with fake documents,” he explained. He said the CBN was doing everything possible to ensure that there is adequate dollar liquidity in the system and that all genuine FX demand is met. Commenting on developments in the market, the Chief Executive Officer, Economic Associates, Mr. Ayo Teriba, expressed optimism that the CBN would be able to sustain its interventions in the market. Teriba said that the rise in oil production and high oil prices had helped to increase the foreign reserve base of the country. “We are back to a situation where the foreign exchange at the disposal of the CBN

TOP GAINERS NGN NGN UNITEDCAP 0.15 2.57 UNIONBANK 0.23 4.90 ETI 0.47 10.50 AXAMANSARD 0.07 1.58 UACN 0.54 13.74 TOP LOSERS NGN NGN FORTEOIL 2.58 49.09 LIVESTOCK 0.03 0.64 NEMINSURANCE 0.04 0.87 STERLBANK 0.03 0.70 AIICO 0.02 0.57 HPE Nestle Nig Plc N725.55 Volume: 135.404 million shares Value: N681.163 million Deals: 2,909 As at yesterday 13/03/17 See details on Page 31

% 6.2 4.9 4.6 4.6 4.0 % 4.9 4.4 4.4 4.1 3.3

T H I S D AY TUESDAY MARCH 14, 2017

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

NEWS

Nigeria’s Proposed Sale of Oft-Bombed Oil Assets Not Easy For sale: stakes in oil fields. Bids from world class energy companies preferred. Pipelines and terminals associated with the deposits only blown up about a dozen times in the past year. Deal may depend on crude prices. Nigerian President Muhammadu Buhari’s government on March 7 unveiled it Economic Recovery Growth Plan to jump-start the economy by, among other things, selling stakes in joint venture oil projects within the next four years. Given a militancy escalation that blighted those very assets last year, and previous struggles to privatise state businesses, analysts inside and outside the West African country say such sales won’t be straightforward. “Nigeria’s track record on privatisation and divestments has not exactly been the best, so people are probably going to greet this news with a certain degree of skepticism and I think rightly so,” Manji Cheto, a West Africa specialist at Teneo Intelligence in London, said by phone. “I don’t think this is going to be a process that’s speedy.” Normally Africa’s biggest producer, Nigeria, has been among the world’s hardest-hit

supplier nations over the past year due to the militant attacks that crushed its output while prices remained half what they were in mid-2014. At the same time, its reduced flows have helped limit a global crude glut, bolstering OPEC and other nations dependent on revenue from selling the commodity. The oil ministry and Nigerian National Petroleum Corporation (NNPC) did not respond to multiple calls and emails requesting comment.

Smaller Stakes The oil asset-sale plan starting this year through 2020 would reduce the average 55 percent stake Nigeria holds in joint ventures with Royal Dutch Shell Plc, Exxon Mobil Corp., Chevron Corp., Total SA and Eni SpA, which produce about 90 percent of its crude. Previous privatisations included power assets, a process that Nigerian Senate President Bukola Saraki said in February had “failed” to improve domestic access to electricity as planned. In 2010, the West African nation halted the sale of Nigerian Telecommunications Ltd., also known as NITEL, and opted

to liquidate the company after failing to find a buyer for the former monopoly. It’s also struggled to secure outside investment in its refineries. The government has traditionally been reluctant to sell crude assets. Existing plans aim to increase oil production to 2.5 million barrels a day by 2020 after falling to about 1.4 million last year, the lowest level in almost three decades. Such an increase could boost government revenue by N800 billion ($2.53 billion) annually and fund a revamp of domestic refineries. Lowering its stakes would diminish any windfall from a recovery in output and prices.

Unwilling Seller “Many within the government do not really want to let go of oil assets, but the current reality may be slowly beginning to change that thinking,” said Cheta Nwanze, head of research at Lagosbased risk advisory SBM Intelligence. “This proposal represents an adjustment to a new economic normal and not a glowing embrace of market forces.” Nigeria’s militant threat hasn’t gone away, either. While the government has stepped up engagement with community leaders

and proposed restoring the budget to pay former fighters, the Niger Delta Avengers threatened earlier this year to widen attacks. The group was responsible for most pipeline sabotage last year. Nigeria is also part way through five years of $5.1 billion in payments -- in the form of crude sales -- to oil companies to reimburse them for past operating costs. “I imagine international oil companies will treat any additional equity stakes offered to them with a healthy dose of caution given the severe production disruptions of 2016 and the fact that the NNPC still owes substantial sums to their venture partners,” said Charles Swabey, an oil and gas analyst at BMI Research.

Good Assets Nigeria reducing its average stake to 40 percent from 55 percent would be seen as ideal for the government, Pabina Yinkere, head of institutional business at Lagos-based Vetiva Capital Management, said in an interview. The partner companies will be given the right of first refusal in any sale of the stakes, according to Nwanze

from SBM Intelligence. International oil companies built up the stakes they have today from the late 1970s to the 1990s. So there is a precedent for offloading such assets. “The JV assets are good assets,” Yinkere said. “Nigerian buyers may be few this time around due to funding as many local banks will not be so willing to lend towards this. We could see healthy foreign appetite for the sale, particularly from China and India.” But while Nigeria thinks about loosening its grip on the assets, a rebound in crude oil prices could still cause the sale to go the way of previous divestment plans. West Texas Intermediate for April delivery fell 0.5 per cent yesterday to $48.24 a barrel on the New York Mercantile Exchange at 12:20 p.m. in London. “The need to increase government income is the primary motivation for these new proposals, and a return to the good times of higher oil prices and normal Nigerian production will be a formidable disincentive,” Nwanze said. •Culled from Bloomberg

CUSTOMS BACKTRACKS, SAYS IT WON’T FORCE CAR OWNERS TO PAY DUTIES He said: “The action of the Senate asking the Customs to cancel the ultimatum is indirectly asking people not to pay duties on their vehicles. “Besides, the Senate seems not to understand the law as it relates to the collection of duties. The law actually gives Customs up to seven years to still collect duties on any vehicle that may have escaped the payment of duties. “Let us hope that our lawmakers would support us to encourage our people to pay duties. After all, Nigerians pay duties even in Cotonou (Benin Republic’s commercial capital) when they go to buy cars there but they prefer to smuggle the same car into Nigeria. This is not fair.” He disclosed that even the President of the National Association of Car Dealers in Nigeria had even written to the Comptroller-General of Customs expressing the preparedness its members to pay the necessary duties on vehicles imported into the country. In Kaduna, it was no different as car owners and dealers in the state yesterday shunned the directive by the NCS. When THISDAY visited the Zone B Offices of the NCS in the Kabala Costain area of Kaduna yesterday, no car owner or dealer came forward to pay duty. Although the spokesman of the zone, Ado Idris was not at his desk to respond to THISDAY’s enquiries, a senior Customs officer, who pleaded anonymity, explained that there were some slight changes to the directive. According to him, the

directive was no longer restricted to zonal customs offices. He said car owners had been asked to report to any of the customs commands nearest to them. “We have received directives that the various commands, especially in Zone B and D can collect the duties,” he said. The Customs Command in Zone B include Kaduna/ Katsina, Kano/Jigawa, Sokoto/ Zamfara/Kebbi, Niger/Kwara/ Kogi and the Federal Capital Territory (FCT). He revealed that nobody visited the Kaduna zonal office on the issue, adding that the rejection of the policy by the Senate may have been responsible for the attitude by car owners concerning the directive. “Nobody has come here today following the directive and the one-month grace period which commences today (yesterday). “To make it easier, a new directive was issued, asking car owners and dealers to visit any of the Customs commands to make their payments. “I believe that the rejection of the policy by the Senate may have been responsible for this. “But you know the NCS only implements government policies, so we are waiting to see how everything will work out,” he said. Expressing their opposition to the policy, some car dealers and owners said the policy would create confusion and tension among the populace. In an interview, Mohammed Aliyu, a lawyer said the policy was anti-people and would not succeed.

He said: “Nigerians are currently facing a lot of hardship as a result of the poor economy, they are already angry with this government but the government does not seem to understand that people are not happy with it and wants to add to their burden. “If they come out with a timeline and say for instance, from May or June, anyone who buys a car must produce a valid customs duty payment, that is okay. “But you cannot just wake up and issue a blanket directive on all vehicle owners. “This will also provide an opportunity for corrupt Customs officers to extort money from poor Nigerians and at the end of the day, the purpose will be defeated.” Also, major car dealers at the Mogadishu area and NDA junction in Kaduna called for a modification of the policy and the timeframe. Explaining why they did not go to the Customs office as directed, they argued that the Senate had kicked against the policy and they were waiting for the matter to be resolved. They, however, added that leaders of the car dealers association in the state would be meeting with the zonal Customs officials on the way forward. Though the state chairman of the Car Dealers Association, Alhaji Ahmed Na-Brazil, confirmed that the association would be meeting with the Customs Service, he declined to comment on the issues that will be tabled until after the meeting. He said every effort was being made to reach a common ground, stressing that “until

we meet and discuss the issue, I cannot make any categorical statement on the matter”. In Bauch also, vehicle owners did not comply with the policy, as the Bauchi zonal office of the Customs Service was empty. Efforts by THISDAY to speak to the zonal comptroller on the issue proved abortive, as he was out of town. Our correspondent, however, was referred to the area command responsible for the collection of duties. At the Customs area command, THISDAY was informed that its PRO, Mr. Samuel Gulak, had been transferred out of the command and no officer was ready to volunteer any information. Also, a senior officer of the Customs Service, who spoke on the condition of anonymity, said: “Nobody will talk to you here about this policy because we have been directed not to talk to the press on this issue. “But even though some few vehicle owners were here this morning to pay the duties on their cars, we are still waiting for directives from our headquarters in Abuja to start accepting the appropriate duties from them. So we are yet to fully commence this policy. “The Bauchi Area Command which is responsible for generating revenue for the service is the designated place where vehicle owners and car dealers are expected to pay the duties on their vehicles.”

Low Turnout in Lagos Of the four zonal offices initially designated by NCS for the collection of car duties, only the Lagos zone recorded a low turnout yesterday.

When THISDAY visited the designated centres for the payment of duties at the Zone A Headquarters, No. 1 Harvey Road, Yaba, and the Federal Operating Unit (FOU), Ikeja, Lagos, a few vehicle owners and car dealers were seen making enquiries. Between 9 a.m. and 12 p.m., less than 12 persons comprising vehicle owners, car dealers and customs agents came to make enquiries at the office of the Deputy Comptroller of Customs, Revenue, Zone A Headquarters, who is in charge of the exercise. This was just as a group, the Coalition of Maritime Professionals (CMP), petitioned the National Assembly over the recent grace period of one month given by the Comptroller-General of the NCS to all motorists to proceed to their zonal offices to verify the genuineness of their customs papers, describing it as insensitive and misguided. Coordinator of the group, Mazi Charles Obi, in the petition, called on the legislature to call the CGC to order and halt him from putting Nigerian car owners through the trauma of moving from one Customs zonal office to the other in the name of cross checking their papers. Meanwhile, a Customs officer in plain clothes who was attending to those present in Zone A, explained that vehicle owners or dealers were expected to write an application letter to the Assistant Comptroller General (ACG)/Zonal Coordinator and submit it along with proof of ownership and a photocopy of their car registration. He handed out a sample

of the application letter and pasted same on the notice board. Explaining further, he said: “When you have a registered car, it will not be like you have a car in Cotonou and bring the document to Nigeria for verification. “If the car is registered in Nigeria and there is proof, the NCS will give you an assessment letter. A dealer can come here and pretend they have cars in Nigeria that they want to verify, whereas the cars are yet to reach Nigeria or the car may have even been seized by the Customs Service. “So vehicle owners are to present their car documents for verification and advice on what amount of duty to pay.” The official, who preferred not to be named, said the NCS would ensure that all outstanding duties are paid to the government. According to him, “There is nowhere in the world where you can defeat the government. It is only in Nigeria that people like to get away with everything. “In Benin Republic where they import the vehicles from, you dare not drive a car without paying duty. “A lot of people claim to have paid their duties but most of the documents were forged. In Nigeria, forgery is a crime. “Just imagine what our senators are saying. They have destroyed this country; it is by the grace of God that you and I are surviving.” A vehicle owner, who said he lost his documents in a fire accident and asked if he could use his car’s Chasis number for verification, was asked to go and pay the duty afresh.

TUESDAY MARCH 14, 2017 • T H I S D AY

NEWS

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

Makarfi, Sheriff Factions Engage in Accusations and Counter-Accusations of Cash, Car Gifts Party: On Jonathan’s peace plan we stand Stop representing party,

chairman warns Jerry Gana Onyebuchi Ezigbo in Abuja The two factions in the Peoples Democratic Party (PDP) yesterday resumed their brickbats with the Deputy National Chairman, Senator Ali Modu Sheriff-led party, Dr. Cairo Ojougboh, accusing the Chairman of the National Caretaker Committee, Senator Ahmed Makarfi, of fuelling the leadership crisis because of the N50 million monthly subvention he is getting from governors. But in a swift response, the leadership of the Makarfi-led faction of the party accused Sheriff of receiving Sport Utility Vehicles (SUVs) and monetary inducements

from agents of the All Progressives Congress (APC). Ojougboh, a former National Vice Chairman of the PDP (South-south), also alleged that Makarfi is seeking to further his presidential ambition by tailor-guiding the party’s national convention. Makarfi had last Sunday slammed both Sheriff and Governor Seriake Dickson of Bayelsa State on their handling of the reconciliation plan, accusing them of pushing for a selfish agenda. Ojougboh who spoke at a press conference yesterday berated Makarfi for rejecting the political solution being pushed forward in the proposals by the Dickson -led

Dangote Refinery Orders Compressors,Turbines from German Firm

reconciliation committee. According to him, the reason Makarfi is uncomfortable about the convention is because “the table was crumbling under his feet” and his committee will no longer be relevant if reconciliation succeeds. “The reason why the caretaker committee is protesting is that they have seen that the table is now crumbling fast under their feet. All the organs of the party are cueing into the reconciliation and when the reconciliation pulls through, they are out and Makarfi can only come as member of the BoT and so the N50 million monthly subvention from governors will stop. They get subvention from the governors every month and when reconciliation happens, that subvention will stop. “Secondly, Makarfi wants a situation where he will tailor-make the convention to suit his interest

because he has come out to say that he will be contesting for the presidency of the country. We are very mindful that we are not going to tie our party around any individual. That is why we are studying the position of the reconciliation committee and that is good enough to advance our party,” he said. Yesterday’s allegation by Ojougboh has however shown that contrary to his claims that the governors of the party and 90 per cent of the stakeholders are supporting Sheriff-led PDP NWC’s move to hold convention. On the position of Makarfi that he, Sheriff and NWC members should step down before a national convention, Ojougboh said Makarfi is standing on nothing and does not have anything to step down on. “Our waving the olive branch does not mean that we are weak. If

Makarfi has a position let him put it in writing and we will consider it,” he said. While defending the legitimacy of his position as the Deputy National Chairman of the party as well, as that of the position of the Acting National Publicity Secretary, Bernard Mikko, Ojougboh explained that the former Deputy National Chairman, Uche Secondus; former party spokesman, Chief Olisa Metuh, were among officers of the party who resigned their positions and collected N5 million severance packages. Ojougboh said he and Mikko were appointed by National Working Committee (NWC) to replace Secondus pending ratification by the National Executive Committee (NEC). He insisted that Secondus had resigned and submitted an indemnity to the court that the

party should not be held liable for their severance allowance. “Secondus resigned, signed an indemnity in court and has received N5 million severance package. He went to court to indemnify his resignation. On what grounds should Makarfi be asking that Secondus should be brought back?” Ojougboh said the Sheriff leadership has taken exception to the visits to party leaders by Professor Jerry Gana-led Strategy Review and Political Affairs Committee, adding that the committee was not set up by the party and as such should be discontinued forthwith. “We take serious view of Prof. Jerry Gana’s going round to meet our members because that committee was not set up by the

Cont’d on page 44

Tanzania gives coal mining licence to Dangote after president’s order Ejiofor Alike Africa’s largest refinery, Dangote Oil Refining Company, has ordered compressors and turbines from German-based MAN Diesel and Turbo for the 650,000 barrels per day refinery being constructed in Lagos MAN Diesel and Turbo will deliver two compressor trains to the refinery, which is located at the Lekki Free Trade Zone of Lagos, where Africa’s richest man and President of Dangote Group, Alhaji Aliko Dangote, is investing $12 billion. The new refinery will enable Nigeria, Africa’s biggest crude oil producer, to increase its local refining capacity and end importation of petroleum products. Also commenting, a member of the Executive Board and Chief Sales Officer of MAN Diesel and Turbo, Wayne Jones, said: “This is a milestone project and will have a huge impact on the economy of not only Nigeria but the whole of the West African region. The Managing Director of MAN Diesel and Turbo in Nigeria, Sohail A. Khan, said: “This refinery new building is underlining the long-term growth perspective Nigeria and the region of West Africa have. The highly efficient machinery trains from MAN Diesel and Turbo each consist of an axial compressor driven by a steam turbine with about 30 MW power. Delivered with a comprehensive auxiliary package, they will come into operation for the refinery process of Fluid Catalytic Cracking (FCC), thereby supporting the production of fuel. The order also comprises erection and inauguration of the machinery trains, being developed and built at the company’s turbomachinery technology site in Germany. Delivery will take place in the course of 2018, while inauguration of the whole refinery is planned for 2019. Beside Nigeria, MAN Diesel and

Turbo holds subsidiaries also in other countries on the African continent. With 250 employees across various sales and service sites, regional workshops and a pool of field service engineers, the company serves customers that are mainly active in the oil and gas industry, the power generation business or the process industry. The company’s history in Africa dates back to the 1950s, when the first engines for power generation were delivered to Mali and Senegal. MAN Diesel and Turbo SE, based in Augsburg, Germany, is the world’s leading provider of large-bore diesel and gas engines and turbomachinery. Meanwhile, Tanzania has awarded a coal mining licence to the local subsidiary of Dangote Cement as part of the plans to cut the company’s production costs and ease disruptions caused by energy shortages. The Tanzanian subsidiary of Dangote Cement had suspended production in December 2016, citing technical problems and high production costs, but has since resumed production of the building material. “The process of allocating a coal mining area to the Dangote cement factory was completed on March 11,” Reuters quoted Tanzania’s Energy and Minerals Ministry as saying in a statement issued yesterday. “The company (Dangote) will be given a (coal mining) licence covering 9.98 square kilometres in the Ngaka area,” the statement added. The cement factory in the southeastern Tanzanian town of Mtwara, with an annual capacity of three million tonnes, runs on expensive diesel generators and has sought government support to reduce costs. Tanzanian President John Magufuli had last week issued seven-day ultimatum to government officials to allocate a coal mining area to Dangote within the mineral-rich Ngaka coal fields, which are licensed to another company.

ENHANCING POWER GENERATION

L-R: President/CEO, Transcorp Plc, Emmanuel Nnorom; Chairman, Transcorp Plc and Transcorp Power Limited, Mr. Tony O. Elumelu; Minister of Power, Works and Housing, Mr. Babatunde Fashola (SAN); Governor of Delta State, Dr. Ifeanyi Okowa; and CEO Transcorp Power Limited, Kalyana Sundaram, during the inauguration of 115MW Gas Turbine 15 at the Transcorp Power Limited’s Ughelli Power Plant in Ughelli, Delta State ....yesterday

FG Sends Delegation to South Africa over Xenophobic Attacks Countries to establish early warning centres Alex Enumah in Pretoria, South Africa The Minister of Foreign Affairs, Geoffrey Onyeama, and the Minister of Interior, General Abdul-Rahaman Dambazau (rtd), yesterday arrived in South Africa to hold talks with relevant officials of the country over the spate of xenophobic attacks on foreigners, including Nigerians. According to a statement by the spokesperson of the Ministry of Foreign Affairs, Dr. Clement Aduku, while in South Africa, the delegation would meet with the South African President, Jacob Zuma, as well as the country’s Foreign Minister, Maite Nkoana-Mashabane, among other top ranking officials. “The talks are aimed at addressing head on the recent attacks on Nigerians and to seek permanent solution to the crisis. The delegation will also meet with

the Nigerian community leaders in the country,” it added. Meanwhile, Nigeria and South Africa have announced the establishment of an Early Warning Unit (EWU) aimed at providing information that would help the governments of both countries nipped all forms of violence before they escalate. The EWU which would be replicated in both countries is the fall out of decision reached by the two governments to tackle rising waves of xenophobia that is threatening relations between the two countries. The announcement was made yesterday at a joint press briefing by Nigeria’s Minister of Foreign Affairs Onyeama, and his South African counterpart, Nkoana-Mashabane, during the bilateral meeting of the two countries in Pretoria, South Africa.

According to NkoanaMashabane, the unit which comprises representatives of governments, security agencies, civil society organisation and business owners would keep each other abreast of development and enable government make proactive decision. Also speaking, Nigeria’s Minister of Foreign Affairs, while noting that communication is key to violence and conflict prevention, disclosed that the unit would have its first meeting within a month thereby meeting quarterly. Nkoana-Mashaba said the meeting afforded both countries the opportunity to review their bilateral relations and cooperation as well as for South Africa to present her position and responds to recent incident of xenophobic attacks which according to her have been condemned by the government.

She said: “I also used the opportunity of this meeting to brief Onyeama on the recent unfortunate attacks on foreign nationals in South Africa, including Nigerian nationals. “In this regard, I highlighted the South African Government’s condemnation of all forms of discrimination based on race, religion, sex or creed, including xenophobia or afrophobia. “I further affirmed South Africa’s constitutional democracy which enshrines human rights, bills of rights, democratic values, human dignity, equality and freedoms.” The minister added that in order to dispel the notion that the attacks were specifically targeted at Nigerian nationals, the government did everything possible to douse the tension generated. She said Nigeria and South Africa relations have come a long way to be dented by the attacks.

TUESDAY MARCH 14, 2017 • T H I S D AY

NEWS

AIB Blames Human Error, Poor Regulation for Dana Crash Dana reassures travellers of commitment to safety

Chinedu Eze The failure of the pilot in command to take a strategic decision to return to base when the first engine of the ill-fated Dana Air Flight 992 failed 17 minutes into the flight led to its crash. The aircraft, with registration number 5N-RAM, crashed on June 3, 2012, killing 163 people on board and on ground. This was disclosed by the Commissioner of Accident Investigation Bureau (AIB), Akin Olateru, who indicted the Nigerian Civil Aviation Authority (NCAA) which is accused of laxity and poor regulation, which enabled a pilot who was not instrumented on an aircraft to operate it. Olateru, who addressed journalists on the detailed report of the Dana Air flight crash, OAS and two Bristow helicopter accidents yesterday in Lagos, said the report on Dana crash showed that the MD 83 aircraft first engine lost power 17 minutes into the flight. He said on final approach to landing in lagos the second engine lost power and failed to respond to throttle movement on demand for

increased power to sustain the aircraft in its flight configuration. According to the report, the inappropriate omission of the use of the checklist, and the crew’s inability to appreciate the severity of the power-related problem, their subsequent failure to land at the nearest suitable airfield, lack of situation awareness, inappropriate decision making, and poor airmanship were identified as major causes of the accident. Four safety recommendations were made to the Federal Aviation Administration (FAA) targeting Pratt and Whitney, the engine manufacturer; Dana Air and to Nigerian Airspace Management Agency, (NAMA) on Quality Assurance Management. Olateru said the flight originated from Abuja (ABV) and the destination was Lagos (LOS). AIB published a preliminary report on September 5, 2012 and four interim statements have been published. Four Interim safety recommendations were made and have been implemented by the operator and the regulatory authority.

On AOS helicopter, the Accident Investigation Bureau identified causes to be non-adherence of the Pilot to Visual Flight Rules of clear-of cloud and obstacles while maintaining ground contact at all times led to Controlled Flight into Terrain (CFIT). In addition to this, the report showed that the pilot was not Instrument Rated and lacked route familiarisation. Five safety recommendations have been made, three of which were targeted at NCAA; one to NAMA; and one to Nigerian Police Force. On the Presidential Committee Implementation on Maritime Safety and Security (PICOMSS), the report showed that the decision of the crew to continue the glide approach despite repeated landing gear warnings with the power lever below 25 per cent rather than initiating a go-around was the cause of the accident. AIB said contributory factors to the accident included the failure of the crew to recognise the landing gear warnings, no standard operating

orocedure/training policy in place, the crew low hours and experience, coupled with the rostering of two pilots with same capability on a training flight, lack of Crew Resource Management (CRM) training. Two safety recommendations were made to NCAA and to the Nigerian Police Force. On Bristow Helicopters, AIB said the causes were identified as 115v cable loom chafed and arced with hydraulic pipeline, puncturing it and causing a high pressure leak which ignited on contact with hot surface of the right hand heat exchanger, resulting in fire on the upper deck. Contributory factors included effectivity of the aircraft excluded in the Alert Service Bulletin ASB No. 92-20-002A issued by the manufacturer and the Technical Directive TD-S92A-29-99 did not include Check/Inspection of the right hand side of the upper deck. Two safety recommendations made in the published report and targeted Bristow Helicopters. Meanwhile, reacting to the AIB report, Dana said since the accident, it has continued to adhere strictly to safety operation and recommendations of the

regulatory body. “Following the release of the final report of the June 3, 2012 accident, we wish to reassure our passangers of our total commitment to their safety and comfort onboard our flights. “We wish to also state that Dana Air swung into action immediately the Interim Safety Recommendations were released in 2013, and as an airline strictly committed to the safety and comfort of its passangers, we implemented all the recommendations same year, as released by AIB. We did not stop at just implementing the recommendations; we also successfully passed an operational audit conducted by the Nigerian Civil Aviation Authority’s Flight Safety Group and its foreign partners”, the airline said. The airline said in 2016, after another rigorous operational audit, Dana Air was admitted into the IOSA register to underscore its strict adherence to global management and safety standards and procedures required of global carriers. “Also went further to win two awards from two

reputable organizations for the redefining role it played in the aviation industry same year,” the airline also said. It noted that while it acknowledged the full report, and will continue to review it, the airline said it was glad that the report confirmed that the aircraft was airworthy at the time of departure, flight crew were certified and that the airline had cleared all defects during their last check. “Dana Air maintains a rich spare parts store to date and we have doubled our maintenance and safety efforts with constant training and retraining of our crew and ground staff. This has led to our continuous provision of reliable air transport operation and a record 4.5 million passengers flown in the last 8 years of our operation,” the airline. “The safety and comfort of our guests remains a top priority to us and maythe beautiful souls of the crew and guests we lost at the unfortunate accident continue to rest in peace- Amen. They remain forever in our hearts and our prayers and thoughts will continue to be with their friends and loved ones.,” the airline also added.

T H I S D AY TUESDAY MARCH 14, 2017

COMMENT

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

WHERE ARE THE STORIES OFYESTERDAY’S DISRUPTIONS? Simbo Olorunfemi argues for genuine, enterprising and inspiring stories of wealth creation

“Every social need is a business opportunity” – Robert Neuwirth n the last 18 months of us publishing a magazine devoted to the promotion of entrepreneurship and innovation in Africa, one of our main challenges in Nigeria has been getting our prominent entrepreneurs to share their stories. We are interested in the everyday story of people turning nothing into something. We are keen on stories of ingenuity and innovation. We want to share in the challenges of the process, celebrate endurance and the dogged determination it takes to making success of a vision, but it does appear that not too many of our prominent ‘successes’ are interested in a full disclosure, at least, to us. We might not know why that is largely the case, but it helps us with a bit of understanding on why there are but a handful of biographies of our prominent entrepreneurs out there. Can it be connected with the opacity in which many of our businesses are rooted and operate in? Is it a case of a bit of murkiness in the storylines that some might not want revealed? Whatever is the case, is it not strange that we are not telling our stories with the same gusto we show off other aspects of our life, or as we see elsewhere? Why are we not writing books on our enterprises to document for now and thereafter the toil and back-breaking sweat that birthed the great names and businesses that dot our skyline? Or is it that we do not have stories to tell? Where are Nigeria’s stories of past disruptions or don’t we have? Where are the stories of enterprise built on the backs of creativity and ingenuity without cutting corners in payment of taxes and duties? Where are the businesses built without short-changing government and the people of Nigeria through dodgy execution of contracts? Do we not have insights we can share with those behind? Would we not help to validate the dreams and vision of those behind if we will be bold enough to share? Where are the stories? How do we change the narrative away from the false and the negative if we do not share the stories of yesterday? How do we turn away from today’s sickening obsession to get rich at all costs and by whatever means, if we do no present alternative stories of successes founded on grit, creativity, determination, integrity and other positive values by our men and women of yesterday? Or do we simply fold our arms and let the country be tossed to and fro by ‘I beta pas my neighbour’ mentality? Or are nations no longer built on the back of clearly spelt-out visions? Where is ours? If our businesses are built and running on the strength of identifiable visions, what are they? We hear one president’s vision was to produce 50 billionaires. Questionable as that vision is, but how did he go about achieving that? Is that something in the way he worked on that vision that the country can borrow a leaf from? Is there anything in the way those businesses translated into the billion-dollar entities that we can take a cue from? You look around and wonder. Where are the godfathers of banking of yesteryears? What do we make of their vision of yesterday and their stories? Where did things go wrong for them? What has become of the captains of industry, as we like to call them, of yesteryears? What has become of their businesses that once commanded the heights of the economy? How many of these businesses have passed from one

WHERE ARE THE STORIES THAT CAN INSPIRE THE TRANSLATION OF GENUINE VISION, CREATIVITY AND SWEAT INTO BIRTHING NIGERIA’S OWN GOOGLE, APPLE, ALIBABA AND UBER? WHERE ARE THE STORIES THAT CAN INSPIRE IDEAS THAT CAN BRING ABOUT DISRUPTION IN GOVERNANCE?

generation to the other? Was there any case of disruption? Or is it only the sorry story of how people ‘set up’ or bought into banks to rob them and steal from depositors and shareholders that we have to share? If what we have to showcase are those who applied funds under their care to set up private empires, what stories can they truly tell? Are there chapters in their stories some of the will rather not share? Of course, there are the many more, unknown and unsung Nigerians quietly sweating on their dreams, in spite of an uneven field rigged with mines of an inclement environment, incoherent policies and unfriendly banking regime. These ones find themselves behind the starting block, yet they must operate in the same space with those whose nuts have been cracked by crooked, benevolent gods who have compromised the system at all points. But Nigeria is one large expanse of land buffeted by all sorts of challenges, even when the opportunities for greatness are themselves embedded therein. What she waits for is massive disruption in thinking and mind-set. Governance of all the sectors - health, education, etc. yearns for a disruption. Disruption does not care about morality. People simply embrace more effective and affordable way of meeting their needs. The way a new technology or innovation comes to push aside an old technology or births a revolutionary and different approach is what we are in dire need of. It is not as if we have not seen what it is like to experience some form of disruption. The card reader brought about some sort of disruption with major impact on the result of the 2015 elections. The BVN scheme and TSA policy, if duly implemented and the banks will allow, have within them, seeds of possibility for engineering a disruption that can strike a fatal blow to the belly of formal corruption in the system. But then, the challenge in the private sector remains the dearth of stories. Where are the real stories not linked to shoddy or non-execution of government contracts, manipulation of government regulation for profit and personal advantage? Where are the successes not linked to misapplication of waivers, abuse of provisions for tax holiday, dodgy payment of customs duties, outright stealing of shareholder funds mopped up cheaply from the capital market? Where are the success stories in the banks that were not involved in manipulation of the stock market in the last decade, forex round tripping, ghost banking and sundry money laundering schemes on behalf of public officials? Where are the authentic stories, devoid of huge exposure to financial institutions, while they live beyond any conceivable means? Where are the stories that can inspire the translation of genuine vision, creativity and sweat into birthing Nigeria’s own Google, Apple, AliBaba and Uber? Where are the stories that can inspire ideas that can bring about disruption in governance? We need stories of genuine endeavour not fractured with k-legs to share with those dreaming and looking up from the bottom. Olorunfemi works for Hoofbeatdotcom, a Nigerian Communications Consultancy and publisher of Africa Enterprise

LEFT IN FRONT

Rivers State governor, Nyesom Wike is doing remarkably, writes Simeon Nwakaudu

t the height of the 2015 Governorship Election Campaigns in Rivers State, one question took over the airwaves and campaign venues. Till date, nobody from the All Progressives Congress has been able to truthfully answer the question. This question was generated in the campaign song made popular by the Rivers State Peoples Democratic Party ace musician popularly called Holy. Holy in one of his songs had asked: “How many dem dey, wey we no go win dem?” This question is still relevant two years after the PDP trounced the APC in Rivers State. Wherever you go in Rivers State, the APC has no presence. There is no single local government area where APC leaders can comfortably lay claim to be their strong base. Amongst the elders, APC does not exist. There are no strong APC youth and women leaders and most importantly, the majority of people have since turned their back on the APC. Since APC emerged as the ruling party at the centre and Rotimi Amaechi and his sidekicks migrated to Abuja, the party has not attracted a single viable project to Rivers State. They have concentrated all their energies on negative propaganda and sponsorship of acts of insecurity aimed at casting the government of Rivers State in bad light. Other than occasional media appearances, they have had no contact with the people. They come back on the eve of elections, backed by thousands of security personnel from distant climes and unleash violence on the people as they struggle to rig. They spill blood, generate tension, cause disharmony and quickly rush back to Abuja and Lagos where they take instructions from their political godfathers. In the presence of their political godfathers, they are too scared to demand for projects, despite funding the APC with Rivers funds. These negative efforts have further alienated the APC from the people of Rivers State. The party is

unpopular. No candidate wins election in Rivers State if he/she professes APC. In Rivers State, APC is synonymous with mischief. The Rivers APC is seen as a congregation of traitors. A community that sides with external forces to the detriment of Rivers State. A group of political misfits who work relentlessly to stunt the development of the state. Therefore, no person who is well-meaning in Rivers State wants to be associated with the APC. Those in the APC who still want to see Rivers State grow have since returned to the PDP. One of the leaders of the APC in Rivers State, Chief Glory Emeh, a former Commissioner for Transport, has since defected to the PDP. Aside the immediate past governor, Rotimi Amaechi and his close associates like Dakuku Peterside and Senator Magnus Abe, all the leaders of Rivers State are with Rivers State Governor, Nyesom Ezenwo Wike in the PDP. A short roll call of Rivers leaders in the PDP would suffice. Dr Peter Odili, Sir Celestine Omehia, former Deputy Speaker of the House of Representatives, Austin Opara; former Minister of Transport, Dr Abiye Sekibo; Senator Lee Maeba, former Deputy Governor Tele Ikuru; former PDP Acting National Chairman of PDP, Prince Uche Secondus; former Minister of Sports, Dr Tammy Danagogo; Chief Sergeant Awuse, Prince Emma Anyanwu, former UBA Chairman, Chief Ferdinand Alabraba and former Director General of Nigerian Stock Exchange, Prof. Ndidi Onyuike. Across the 23 Local Government Areas of the state, PDP boasts of active grassroots leaders and members who positively impact the lives of the people. All across the 319 wards and the 4442 polling units of the state, the impact of the PDP is felt. The hand of Mr. Projects is seen clearly. Every step of the way, PDP has become an entrenched culture in the state. Even those in the APC are estranged members of the PDP. They have no political structures independent of the existing

PDP structure. That is why every time election approaches, they rush to Abuja to seek for security back up to unleash mayhem on the state. They team up with enemies of Rivers State to spin all manner of evil against the state. However, each time they exhibit their wickedness, the question arises: “how many dem dey wey we no go win dem?” During the December 10 rerun elections when the APC federal government mobilised over 50,000 security personnel and close to 100 assorted security vehicles on land, sea and air, the leader of Rivers people, Governor Wike simply went to the people, called for three-day fasting and vigilance. The people complied. The failure of federal forces and the pliant electoral commission to totally rob Rivers people is the highpoint of this democratic dispensation. It is a proof that Nigerians can stand up to democratic bullies. It was so embarrassing that security personnel were caught on video shooting sporadically, so they could cart away election materials on behalf of the ruling APC. It was so shameful that INEC gave out serial numbers of ballot papers and result sheets to the APC official printer and cousin to the Rivers State APC defeated governorship candidate to print fake election materials to be used for rigging. When the Rivers APC fake result sheets printer, was arrested, INEC and the Police took him to Calabar in a bid to sweep the matter under the carpet. Till date, he has been shielded from prosecution. The failure of federal forces to rig in Rivers State enthroned the power of the people. It spelt out that power cannot reside with the holders of the instruments of state cohesion. Nigerians expect that INEC and the security agencies would have understood that rigging cannot stand in Rivers State as the people are ever vigilant and determined to exercise their democratic rights. The unique selling point of the PDP in Rivers

State is the performance of Governor Wike. On this point, there has been no dispute. The governor’s projects are spread across the state. Communities and ethnic nationalities hitherto neglected by the APC are now feeling the impact of government. On their part, these communities are reciprocating the gesture of the Wike administration by standing firm behind the PDP as they defend their electoral choices. In 2015, Governor Wike defeated the candidate of the APC, Mr Dakuku Peterside, with 1,029,102 to 124,896 votes respectively. Since that resounding victory, Governor Wike’s outstanding performance has made him more popular. Significantly, he has further depopulated the ranks of the APC. All subsequent elections in the state have proved that Rivers PDP will continue to sing the song of victory. Holy sang, “how many dem dey wey we no go win dem?” Today veteran musician Daniel Wilson has added a philosophical angle to the decision of Rivers people. This is captured in his new single titled: “Rivers people arise”. Wilson highlighted the role Governor Wike played in the defence of Rivers State from the marauding forces of APC and called on the people to support Nyesom Wike all the way. It is pertinent to conclude this piece with the refrain in Daniel Wilson’s song: “Celebrate our victory, Nyesom Wike’s victory is Rivers people’s victory. Consolidate his legacy, Nyesom Wike’s party, is Rivers people’s party. Rivers people arise”. Governor Wike personifies the collective desire of the Rivers people to run along the path of development. He has given to them what they missed under the immediate past APC administration in the state and they have committed themselves to standing with him. Hear Governor Wike: “When a government is popular, there is nothing you can do about it. We are running a very popular government, so there is nothing that can be done to us”.

T H I S D AY • TUESDAY MARCH 14, 2017

EDITORIAL THE PREVALENCE OF RAPE CASES

The courts need to speed up trial process and impose the full weight of the law on offenders

gainst the background that majority of victims of rape in Nigeria would rather keep silent, it must worry the authorities that no fewer than 2,250 of such cases were reported in Lagos within a period of two and a half years. According to the manager, Mirabel Sexual Assault Referral Centre, Juliet Olumuyiwa-Rufai, the centre recorded less than 20 convictions in all those cases. While rape is regarded as the most unreported crime globally, it has assumed an epidemic proportion in Nigeria due largely to several factors. The challenge, in the words of Olumuyiwa-Rufai, was that many of the victims “face stigmatisation and they are not free to come out. Also, they don’t want to press charges because of pressure from families, religious institutions and landlords”. She added that “the factors reinforcing rape is impunity. If we have enough convictions, it will serve as deterrence to others.” While rape, the THE ONLY MANNER IN act of sexual assault WHICH CITIZENS CAN against a person FEEL SAFE AND SECURE IS (male or female) WHERE THE RESPONSE TO comes in different CRIME IS SWIFT, EFFICIENT forms, the most comAND EFFECTIVE mon in our country is against girls and women. But statistics of the number of victims are very difficult to come by, essentially because in our country, insensitivity and the fear of stigma (or persecution) discourage targets of sexual violence from formalising the reports of incidents involving them. This reluctance, however, has only contributed to the rise in a culture of impunity on the part of the perpetrators. The policy brief of the National Crime and Safety Survey once highlighted how prevalent sexual violence was, as well as the fact that our society seemed to be living in denial about the issue. The

Letters to the Editor

study particularly revealed that victims of rape hardly lodge reports for fear that their cases would not be treated seriously, that they would be stigmatised or that corruption would hinder effective investigation. Even though human rights violations of this nature occur everywhere in the world, as the sick, the evil and the deranged exist in all societies, the only manner in which citizens can feel safe and secure is where the response to crime is swift, efficient and effective. That is what the current situation demands from the relevant authorities. Our courts must therefore be more proactive and stringent in applying sanctions, as some of the verdicts, for the few that have actually been successfully prosecuted, were ridiculous. Our private network providers should readily donate help-lines with free calls for victims of violence, while our hospitals and the legal profession should be prepared to offer pro bono services to the victims.

T H I S DAY

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

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

EDITOR-IN-CHIEF/CHAIRMAN NDUKA OBAIGBENA GROUP EXECUTIVE DIRECTORS ENIOlA BEllO, KAYODE KOMOlAfE, ISRAEl IWEGBU, IJEOMA NWOGWUGWU GROUP FINANCE DIRECTOR OlUfEMI ABOROWA DIVISIONAL DIRECTORS pETER IWEGBU, fIDElIS ElEMA, ANTHONY OGEDENGBE DEPUTY DIVISIONAL DIRECTOR OJOGUN VICTOR DANBOYI SNR. ASSOCIATE DIRECTOR ERIC OJEH ASSOCIATE DIRECTORS HENRY NWACHOKOR, SAHEED ADEYEMO CONTROLLERS ABIMBOlA TAIWO, UCHENNA DIBIAGWU, NDUKA MOSERI GENERAL MANAGER pATRICK EIMIUHI GROUP HEAD fEMI TOlUfASHE DIRECTOR, PRINTING PRODUCTION CHUKS ONWUDINJO TO SEND EMAIL: first name.surname@thisdaylive.com

owever, the society also needs to be alive to its responsibility. A point of safe, protective and comforting recourse must exist for victims of sexual violence to address their immediate needs as well as to enable them summon the courage to pursue the ends of justice. While better training on a wider scale, diligent prosecution and swift and exemplary sanctions would certainly send a strong signal to the perpetrators to desist, the media remains a necessary partner in sustained efforts to curb these wanton acts of evil. Rape is a violation of the most demeaning kind that scars many victims for life. But having created a society in which the seemingly strong are seeking ways to display their superiority over ‘weaker’ people, rape may be a more blatant manifestation of a deeper deviation in our social psychology. It goes without saying that when positive means of personal identification and legitimate expression are suppressed, the devil finds work. But no society should condone rape which regrettably is fast becoming a social epidemic in Nigeria today.

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

OBASANJO: LESSONS FROM THE PRESIDENTIAL LIBRARY

or a man who, as Acting President Prof. Yemi Osinbajo rightly noted has had an intriguing life trajectory, intricately interwoven with Nigeria’s recent history, especially since political independence in 1960, establishing a Presidential Library is as symbolically imperative as it is a memento to history. Indeed, having had the rare fortune of piloting the complex affairs of Africa’s most populous nation, first as a military head of state in 1976 and back again for an eight-year stretch in democratic garb from 1999, Obasanjo’s vast and varied political experience should be preserved for posterity. Still standing ‘tall’ as the first African military head of state to willingly hand over the baton of political power to a democratically elected government, as led by President Shehu Shagari in1979, Nigerians and indeed global scholars have a lot to glean from his inspiring life history. Besides, he also remains as the first Nigerian civilian president to transmit power in a seamless manner to another civilian president, Umar Musa Yar ‘Ardua in 2007 (of blessed memory). Aptly described as meant to “preserve the past, capture the present and to inspire the future”, the sprawling edifice located at Abeokuta, which was declared open on March 4, 2017 by Osinbajo has opened up new vistas for tourism to thrive. That is not only in Abeokuta, which Senator Ibikunle Amosun, the governor of Ogun State described as the capital of Nigeria’s education but the country at large. It would also serve as a national archive for the preservation of documents and materials

used by the president during his tenure. The library was incorporated in November 2002 as a non-profit organisation while the commissioning was part of Chief Obasanjo’s 80th birthday. The facility is equipped with a museum, zoological gardens, amphitheatre, as well as advocacy centres. Some of these are the Institute of African Culture and International Understanding and Centre for Human Security and Green Energy Demonstration. On the three basic principles underlying his dream of a presidential library that took root back in 1998, he has this to say: “One, we must incorporate revenue generating unit to ensure substantial fund are generated to support what donations we may continue to receive. Two, there must be enough facilities to serve the need of the community and to impact positively on the community in a way it must be a community project from the point of view. Three, it must be active and dynamic, not inactive, but also instructive and inspiring. It must also be a centre for knowledge, information and values to a large extent.” This noble idea falls in tandem with that of the first of its kind in the world as established by Franklin Delano Roosevelt, the 32nd president of the United States of America back in 1939. That was when he proposed to leave his papers to the public in a building donated by him on his Hyde Park estate. One of the lessons here is that we must learn to keep records and accurately too. For instance, but for the records kept by Leonardo Da’ Vinci, the Italian genius of an artist and engineer, the world could have been denied the concept of a flying

machine as at the time it finally materialised in 1903 by the Wright Brothers. It was a similar experience for Sir Gregor Mendel, the Austrian monk who kept records of his thoughts on the genetics phenomenon which he discovered through experiments in his garden. Little wonder he is fondly referred to as the “father of modern genetics”. As individuals, communities and country we must be on the safe side of history by keeping records of events as they evolve. One of the tragedies of traditional herbal practice here in Nigeria, if not in Africa is that the efficacy of some so-called herbal concoctions was not recorded. A lot has been lost by this. Going by Osinbajo’s inspiring speech, there are two advantages of writing history. The first is that one can add a few nice things about oneself. The second is that it is the best sure way of preserving the failures and the successes of the past. While it is true that only few Nigerians have had the good fortune as Obasanjo both in making history and writing it, in our little ways our achievements and the faulty steps taken should be kept for the present and future generations to learn from. For Liberian President, Ellen Sirleaf, who is the ECOWAS Chairperson and also chaired the momentous occasion, “History will bear the truth of the precedent setting presidential initiative in Africa.” It has sent a signal for retiring presidents to emulate to record and preserve the history of nation building for posterity. That is “for the benefit of today and future generation”. Ayo Oyoze Baje, Abuja

14.03.2017

WEEKLY PULL-OUT

‘NIGERIAN LAWYERS MUST EMBRACE SPECIALISATION TO CREATE NEW STREA S STREAMS MS OF INCOME’

Mr. Olumide Akpata

2/DASHBOARD

14.03.2017

Striking Out Appeal Based on Notice of Withdrawal by Counsel: Effect PAGE 4

Ambode Swears In New Judges of Lagos High Court PAGE 5

Enforce Supreme Court Judgement, Assemblies of God Church Urges Police IG PAGE 5

NBA-NEC Moves to Resolve Leadership Crisis in Ikeja and Abuja Branches PAGE 6

‘Be a Voracious Reader With a Creative Mind’

QUOTABLES 'We practice what one can call the crypto or proto capitalist structure, and the political economy of corruption will show that, the type of of capitalism we are operating, is a form of legalised robbery, and to that extent, you cannot wish corruption away, except you change the political economy of Nigeria.' – Professor Akin Oyebode, Professor of International Law & Jurisprudence, University of Lagos

PAGE 6

Electoral Reforms: Why Ad Hoc Tribunals Should Go PAGE 7

'Corruption is a global citizen. We should not over glamourise corruption in Nigeria. And in fighting corruption, you must do so within the ambit, within the precepts of the rule of law, within our constitutional organogram, within our legal regime.' – Mike Ozekhome, SAN

COLUMNISTS 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.

Open Letter to Governor Ambode: “Lamentations of the Voiceless” PAGE 11

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

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

For the Attention of Acting President Osinbajo

ou may be expecting me to write about the recent xenophobic attacks on foreigners, including Nigerians, in South Africa; and also on the alleged denial of entry to some Nigerians who had subsisting American visas, into America. To that, all I have to say is that, it is high time that our Government rises up to the occasion and does the needful. Handle the matter on a high diplomatic level. Use what you have, to get what you want. Resist it. Protect our citizens from discrimination, humiliation, violence and maltreatment. Dr Sota Omoigui What I do have to say today, still touches on America. It is about a short video clip which went round social media. It was made by a Nigerian medical doctor, Dr Sota Omoigui, who is based in Los Angeles, California, USA. That is the extent of the American involvement in this write-up! Dr Omoigui is the co-author of our National Anthem which replaced the old one “Nigeria, We hail thee” (with the present situation in the country, more like “Nigeria, We Wail thee”), in 1976. Dr Omoigui restated the first verse of the anthem, “Arise, o Compatriots, Nigeria’s call obey”, and called upon us, Nigerians, to ‘Arise and take our country back’. From what I watched, I would imagine that he meant that we should retrieve our country from ‘yeye’ politicians, back from inefficient government officials, back from “noise makers” (I didn’t call them that, it was the ‘Oga at the top’ that referred to them as such), back from bad governance etc. Lack of Running Water in Some Nigerian Government Hospitals What struck me about the video clip was when Dr Omoigui stated that some government hospitals in our country did not have running water! He specifically mentioned University of Benin Teaching Hospital (UBTH), which he said did not have running water in its intensive care unit. He also mentioned University of Nigeria Teaching Hospital (UNTH) and University College Hospital, Ibadan (UCH). SHAME. TRAGEDY. I am not going to go into the myriad of problems of these hospitals, like lack of up-to-date medical equipment etc, I shall just stick to the water issue. Consequences of Unsanitary Conditions Without water, how can there be any level of hygiene and sanitation anywhere, talk less of a hospital? Generally, lack of water leads to unsanitary conditions and the spread of all manner of sickness like diarrhoea, cholera, typhoid etc, which regularly result in death to the victims. Then, can you imagine lack of water in a hospital that is already populated with the sick and vulnerable? Disease would spread like wildfire. Research has shown that, every year, around the world, about 500,000 babies die before they are one month old, due to lack of clean water and unsanitary conditions in the hospitals. For example, a 2015 Report by Water Aid and the World Health Organisation concluded that 1 in 5 of those 500,000 dead babies, if they had been

"..... I WOULD IMAGINE THAT HE MEANT THAT WE SHOULD RETRIEVE OUR COUNTRY FROM ‘YEYE’ POLITICIANS, BACK FROM INEFFICIENT GOVERNMENT OFFICIALS, BACK FROM “NOISE MAKERS” (I DIDN’T CALL THEM THAT, IT WAS THE ‘OGA AT THE TOP’ THAT REFERRED TO THEM AS SUCH), BACK FROM BAD GOVERNANCE ETC"

washed in clean water and kept in sanitary conditions, could have survived.

in drums that people stick their dirty hands into to scoop the water?

The Lucky 5% For those that form the exclusive 5% group of Nigerians that can afford to receive medical treatment abroad, mainly made up of the rich and government officials, so-called ‘Change Agents’ that change begins with, they are lucky. For me, the fact that our President has been in the UK for medical treatment for almost 2 months, is an admission in itself, that not only are the medical facilities in our country grossly inadequate and a failure, government at the highest level, is aware of it! The question is, what is government doing about it? The other 95% of Nigerians are unable to afford anything better than UBTH and the like. It seems that it’s not just a saying, but the reality in our country may be truly, “to hell with the 95%”.

NDDC At a national dialogue recently held in Abuja, Professor Itse Sagay, SAN, the Chairman of the Presidential Advisory Committee Against Corruption, openly accused the Niger Delta Development Commission (NDDC) of purchasing 70 vehicles recently, 8 of which are Super Lexus Jeeps costing N78 million each (total N624 million) and 10 Land Cruisers, costing N63 million each (total N630 million). Professor Sagay alleged that the money that was used for the purchase of the 70 vehicles, was taken from funds meant for infrastructure for the Niger Delta people! The Professor rightly said that “the recklessness with which public officers spend public funds is insensitive to the point of insanity”. I concur. For one, the Niger Delta people are rightly agitating that they have been neglected and they have no infrastructure. It is indeed shocking that the agency that has been established to address some of their issues of neglect, is the one using the money meant for alleviating their suffering and providing some of this infrastructure, for frivolous things like fancy cars. Just imagine, spending a whopping N1.254 billion on 18 jeeps, when the average Nigerian, more or less, has no decent hospital to go to, or they go to hospitals that don’t even have running water! With that amount of money, government could have sunk numerous industrial bore holes with water treatment plants, to ensure that several hospitals have a permanent, reliable and constant source of clean water supply; or in the alternative, spend that money making the Water Corporation up and running. After all, there was a time in my lifetime that, by and large, there was somewhat efficient water supply, at least in the urban areas. Unfortunately, Professor Sagay did not furnish us with the amount allegedly spent by NDDC to purchase the other 52 vehicles.

An Emergency Situation Can you imagine the filth in a hospital without water? How would they keep the environment clean? How would they clean their instruments and sterilise them? How would they perform emergency surgery with no water? A woman comes into such a hospital, about to give birth, and she requires an emergency caesarean section. The medical instruments have all been utilised and there is no water to wash and sterilise them, in preparation for use again. What do the medical officers do? Leave her to die in that condition or use the dirty instruments to perform the operation? Damned if you do, damned if you don’t. If such a patient dies in such circumstances, whether from the act or the omission, the hospital could face all sorts of legal liabilities like negligence and manslaughter, and her family could also institute proceedings for compensation. I guess they could ask her husband to provide the water they would need for the operation! Maybe some of these hospitals probably buy water, fetch water and store the water in drums etc. What if the stored drums of water are empty? How can you even vouch for the cleanliness of such water emanating from unknown sources, or that has been stored

ONIKEPO BRAITHWAITE

THE ADVOCATE onikepo.braithwaite@thisdaylive.com

University of Benin Teaching Hospital

not like what you see abroad or in oil countries like UAE (even if you say I shouldn't compare with UK and USA, surely I can compare with a fellow oil country like Dubai, UAE), where the nurses practically run outside to usher in emergency patients. At UCH, a patient who is in crisis will probably die before locating the emergency department! The hospital is extremely huge, and the signage and directions are confusing to say the least, plus even their porters mis-direct you. It took ages to locate our destination. While waiting for our patient to be admitted, I saw another patient bleeding like a tap on one of the stretcher beds. I certainly didn’t see anyone washing, cleaning or disinfecting the stretcher bed or cot, or whatever name the contraption was called, before using it for subsequent patients. I took one look at the cot, and asked that our patient be admitted in her wheel chair. Immediately, the nurse informed me that it is against the rules of the hospital to be admitted in any other thing than that cot (I wonder why, especially if it is a dire emergency, life and death), and they do not have enough cots. So, if you have to die waiting for a cot to become available, so be it! I found this rule particularly strange. When they finally brought the cot, over an hour later, for our patient to be admitted, the contraption looked dirty to me. I was shocked that the bearer was prepared to use it for another patient like that. I told him to go and at least disinfect it and place a clean bed sheet on it, before the patient who was to be admitted for another ailment, ended up with HIV from using a dirty blood stained cot that may have been previously used by an HIV patient and not been washed. At the time, I did not imagine that the reason for this lapse could be that UCH did not have running water! Though I wouldn’t say that I’m the overprayerful type, that day at UCH, I remembered God fully, and I prayed fervently that “God, please, bless me with good health all the days of my life, so that I never have cause to visit such a nasty establishment as this”.

University College Hospital, Ibadan

Government: Please, Do Something Change Agents, what are you doing about the deplorable conditions in the Government Hospitals, the only hospitals available to majority of Nigerians that voted you in? Not much, I would say. It seems that since most of you receive your medical treatment in the UK, USA and Dubai (because you know that our hospitals are in such a deplorable condition), you probably have no idea what the inside of a government hospital even looks like. As the Acting President is touring different parts of the country, I hope that his fact finding mission will also lead him to the government medical facilities, to observe the poor conditions that they are in, and that something will finally be done to improve them. Even if it is only one sanitary, state-of-the-art government hospital with running water and constant power supply, in each of the geo-political zones for starters, it will go a long way to ensure that the less privileged 95% of Nigerians, will have adequate and reliable medical care.

UCH, Ibadan Recently, I had the misfortune of visiting UCH, Ibadan. Their emergency is certainly

4/LAW REPORT

14.03.2017

Striking Out Appeal Based on Notice of Withdrawal by Counsel: Effect

T Facts

he Respondent (Plaintiff) filed an action at the High Court of Nasarawa State, claiming the sum of N250,000,000.00 (Two Hundred and Fifty Million Naira) as special and general damages for injuries suffered due to the negligence of the Appellant (Defendant) when it blasted rocks at Kofar Primary School, Keffi and one of the rocks hit the Respondent’s left leg resulting in amputation of the leg. The trial Court entered judgement in favour of the Respondent in the sum of N89,640,000.00 (Eighty Nine Million, Six Hundred and Forty Thousand Naira only). The Appellant, being dissatisfied with the judgement, appealed against the decision at the Court of Appeal, Jos division. However, the first Notice of Appeal filed was wrongly headed as it read - “In the Court of Appeal Holden at Abuja” - instead of Jos. Upon discovering the mistake, Counsel for the Appellant thereafter filed another Notice of Appeal, but the second notice did not include the name of the Appellant as person interested. The Respondent, after being served with the Appellant’s brief, raised a Preliminary Objection to the competence of the appeal on two grounds that: (1) there was no competent Appeal before the Court and (2) there was no competent Brief of Argument filed by the Appellant. The Preliminary Objection was argued in the Respondent’s brief with an additional objection regarding the formulation of more than one issue from a single Ground of Appeal. Believing the objection to be sustainable, the Appellant did not respond to the objections but rather, changed its Counsel who then filed a notice of withdrawal of Appeal pursuant to Order 11 Rules (1) and (2) Court of Appeal Rules, 2011. On 24th April, 2012 the Court made an order striking out the appeal. The new counsel for the Appellant subsequently filed a fresh Motion on Notice seeking an extension of time for leave to appeal (the trinity prayers) with grounds upon which the application was brought and accompanying affidavit. The Respondent filed its Counter-Affidavit in opposition to the motion and therein, and stated that by the first appeal, both parties had filed and exchanged their briefs. That upon noticing the weakness of the appeal, the Appellant voluntarily withdrew same and that the Appellant no longer has a right of appeal against the judgement of the trial Court. The Appellant filed a Further and Better Affidavit in support of the application to which were attached several exhibits, prior to the Court ordering Counsel to file their Written Addresses. After oral submissions were made, the Court of Appeal held that the wrong heading and failure to state addresses of parties interested are blunders that can be amended and as such, do not warrant the striking out of the appeal, which should have been heard on the merit. Subsequently, the Court of Appeal considered the application for Leave to Appeal and dismissed same for lacking in merit. Dissatisfied, the Appellant appealed to the Supreme Court against the refusal of the application for trinity prayers. Issues for Determination Both parties had filed their issues before the Supreme Court; however, the Apex Court opined that the fate of the appeal would be determined by the substantiality of the initial preliminary objection filed by the Respondent to the Notice of Appeal dated 16th December 2008. The grounds of objection are as follows, that: (i) there was no competent Appeal before the Court; and (ii) there was no competent Brief of Argument filed by the Appellant as the Brief was defective on grounds of proliferation of issues. Arguments Learned counsel for the Appellant argued that since Appeal No. CA/J/ 43/2009 was not decided on the merits when the appeal was struck out on 24th April, 2012, Order 11 of the Court of Appeal Rules, 2011 cannot be interpreted and applied to defeat the express Constitutional provision relating to Right to Fair Hearing and the Right of Appeal as guaranteed under Sections 35, 241, 242, 243 of the Constitution of the Federal Republic of Nigeria, 1999. Also in the Reply Brief, the Appellant argued that before the Court of Appeal can have jurisdiction to dismiss an appeal, there must be a competent and valid Notice of Appeal.

Kumai Bayang Aka'ahs, JSC

In the Supreme Court of Nigeria Holden at Abuja On Friday the 13th day of January, 2017 Before Their Lordships Walter Samuel Nkanu Onnoghen, CJN Mary Ukaego Peter-Odili Olukayode Ariwoola Kumai Bayang Aka'ahs Kudirat Motonmori Olatokunbo Kekere-Ekun Justices, Supreme Court SC.119/2013 Between Setraco Nigeria Limited............... Appellant And Joseph Kpaji .............Respondent Lead Judgement delivered by Honourable Justice Kumai Bayang Aka'ahs, JSC

Court’s Rationale and Judgement While considering the Preliminary Objection, the Supreme Court observed the following: The Appellant filed a Notice of Withdrawal of Appeal pursuant to Order 11 Rule 1 of the Court of Appeal Rules, 2011 dated 24th February, 2012 which was withdrawn and struck out on 24th April, 2012. The ruling striking out the earlier appeal was the basis on which the Court of Appeal dismissed the motion seeking extension of time to appeal. The Apex Court reviewed the ruling on Order 11 of the Court of Appeal Rules, 2011, in order to establish the effect on the withdrawal and striking out of the appeal and observed that the sub-rules in Order 11 stated that, the Order 11 Rule 5 was in pari materia with Order 3 Rule 18(5) of the Court of Appeal Rules, 1981. The Court relied on EZOMO v A-G BENDEL (1986) 4 NWLR (Pt. 36) 448 at 462 where the Supreme Court

"AN APPEAL WHICH HAS BEEN WITHDRAWN UNDER THIS RULE, WHETHER WITH OR WITHOUT AN ORDER OF COURT, SHALL BE DEEMED TO HAVE BEEN DISMISSED"

had cause to consider the effect of the provision on an appeal that was withdrawn. In that case, the Court stated that; having held that the Withdrawal Notice filed by Mr. Obasuyi was validly filed, Order 3 Rule 18 of the Court of Appeal Rules, 1981 would automatically take effect, going by sub-rule 5 of Rules 18. In the case referred to above, the Apex Court held that: “An appeal which has been withdrawn under this Rule, whether with or without an Order of Court, shall be deemed to have been dismissed.” The Court in that case further stated that, by virtue of Order 3 Rule 18(5), it is only the Respondent to such dismissed appeal, who had given notice under Order 3 Rule 14 that the judgement should be affirmed or varied on other grounds and on fulfilling the conditions prescribed in that Rule, that can continue with the appeal. There is no such provision enabling an Appellant to re-list the appeal so dismissed. The Supreme Court also added that, for the Appellant to have opted to proceed under Order 11 Rules 1 and 2 of the Court of Appeal Rules, it was bound by the consequences as per Order 11 Rule 5 which was also in pari materia with Order 8 Rule 6 (5) of the Supreme Court Rules, 1985. The court further relied on the Supreme Court decision of EDOZIEN v EDOZIEN (1993) 1 NWLR (Pt. 272) 678 at 692 where it was held that, there can be no better manifestation of intention to withdraw an appeal than an appeal withdrawn by the appellant or by one of the Solicitors briefed by the party withdrawing the appeal. The court will believe the sincerity of that intention. The Court noted that, when the Appellant’s Counsel sought to withdraw the appeal, he did not give any reasons. Unfortunately for the Appellants, the objections of the Respondent were not well founded. The Supreme Court relying on the above decision, observed that by saying that, Counsel to the Appellant must have laboured under the mistaken belief that the Notice of Appeal filed was incompetent, because of the preliminary objection which was subsisting at the time of the Notice of Withdrawal of the Appeal. The Court held further that, the Court of Appeal effectively dealt with the mistaken belief when it held that the appeal was competent, and that all the learned counsel should have done was to apply to amend the Notice of Appeal in order to add the name and address of the person affected by the appeal. Even if there was an omission to state the name of the Appellant as required by Order 6 Rule 2(1), it was a mere irregularity that could have been cured by a single application for leave to amend the notice of appeal. Also, the Notice of Appeal which was wrongly headed “Holden at Abuja” could have been amended to read “Jos” because the error did not affect the jurisdiction of the court to entertain the appeal. The Apex Court relied on YOUNG SHALL GROW MOTORS LTD v OKONKWO (2010) 15 NWLR (Pt. 1217) 542, where the Supreme Court gave reasons for the strict enforcement of the provision of Order 11 Rule 5 of the Court of Appeal Rules or its equivalent, when a notice of withdrawal of appeal is filed such that, it is to prevent the uncertainty with which the Respondent may be confronted or abuse to which this procedure could be subjected, if an Appellant after withdrawal of the appeal, shall be at liberty to refile his appeal. The Supreme Court agreed that, the Motion for Leave and Extension of Time to appeal was rightly dismissed, since the Appellant had filed a Notice to discontinue the appeal, and it was struck out, being tantamount to a dismissal of the appeal under Order 11 Rule 5 of the Court of Appeal Rules, 2011. The appeal was dismissed with an award of N500,000.00 (Five Hundred Thousand Naira) as costs against the Appellant in favour of the Respondent. Appeal Dismissed. Representation: C.O. Toyin Pinheiro, SAN with C.A. Chambang, I.Y. Melah and J.A. Sambo for the Appellant A.O. Maduabuchi with Kenechukwu Maduka, Chijoke Dike and Chibueze Ndidigwe for the Respondent Reported by Optimum Publishers Limited (Publishers of Nigerian Monthly Law Reports (NMLR))

14.03.2017

NEWS/5

LEGAL UPDATE EMIR OF KANO CHAIRS 10TH ANNIVERSARY SOFOLA MEMORIAL LECTURE

Legal luminary and former Attorney-General of the Federation, Mr Kehinde Sofola, SAN, CON made his transition to eternal glory on March 25th, 2007. OnThursday, March 23rd, 2017, the 10th Anniversary of his passing, his family, together with the alumni of Kehinde Sofola & Co. Legal Practitioners, and the Lagos and Shagamu NBA Branches, are hosting a lecture in honour of his memory at 11am at the Shell Nigeria Hall, Muson Centre, Onikan, Lagos. The lecture will be chaired by His Royal Highness, Muhammadu Sanusi II, CON, Emir of Kano and former Governor of CBN. Dr. Wale Babalakin, SAN shall deliver the keynote lecture, titled “The Role of the Legal Profession in Nation Building: The Nigerian Context”. The Discussants will include Hon. Justice Bimbo ObasekiAdejumo, Professor Isabella Okagbue, Dr. Junaid Muhammed and Mr. Femi Falana SAN.

L-R: Hon. Justice Serifat Solebo, Lagos State Governor, Mr. Akinwumni Ambode, Lagos State Chief Judge, Hon. Justice Olufunmilayo Atilade, Hon. Justice Elizabeth Alakija and Hon.Justice Emmanuel Ogundare at the swearing in Ceremony of newly appointed Judges of the High Court of Lagos State held at the Lagos House Alausa, ikeja, last Wednesday

Ambode Swears In New Judges of Lagos High Court

Akinwale Akintunde

Three new judges were last Wednesday sworn in by the Lagos State Governor, Mr. Akinwunmi Ambode, to join the existing 55 in the State's High Court. The new judges, who are the first set of judicial officers to be sworn in by Governor Ambode since he came into office in 2015, are Hon. Justice Elizabeth Idowu Alakija, who was the Director of Public Prosecutions in Lagos State before her appointment to the bench; Hon. Justice Emmanuel Ogundare, who was the Chief Registrar of the Lagos State High Court; and Hon. Justice Serifat Solebo, who was the Deputy Chief Registrar, Special Duties, Lagos State High Court. Governor Ambode, at the swearing in ceremony held at the Banquet Hall, Governors office, Alausa, Ikeja, urged the new judges to be of good character and conduct. While acknowledging the importance of the occasion, the Governor said the swearing in was another significant milestone in his administration’s quest to ease the life of the people of Lagos State. “The Lagos State Judiciary is the most vibrant judiciary in the country, and over the years, it has set a reputation for itself as a trailblazer across the country, through erudite

judgements. “Judicial reforms have however, not been stopped, and the recommendations of the summit put together by the Ministry of Justice will be enforced. “By this appointment, your conduct and carriage will now be subjected to public scrutiny, you must dispense justice without fear or favour”, Ambode added. Earlier in her speech, Lagos State Chief Judge, Justice Oluwafunmilayo Atilade, while congratulating the newly appointed judges, noted that they were selected on merit by the National Judicial Council (NJC). According to her, six names were presented and recommended for appointment, but only the three were approved. “I congratulate the three judges who wrote carefully, were selected on merit, the process was concluded with an interview at the NJC in Abuja. “Six individuals were sent to the NJC for approval, but three had their appointment as judges approved. “I will like to thank the Governor for approving the exercise, and all those who contributed to its success. “I commend the Lagos State Judiciary for its productivity, and I renew my pledge to the Chief Justice of Nigeria and the NJC, to appoint new

judges into the Lagos State Judiciary. “Each judge in Lagos High Court has approximately 500 cases in their docket; the Chief Judge of Ekiti recently told me that the whole of Ekiti State had only 400 cases in their High Court. “I urge Governor Ambode to give more room for persons to serve in the High Court, our Magistrates are currently ‘top heavy’, with some Magistrates serving for twenty years, I hope they will be rewarded accordingly. “I commend you all for your hard work, please keep the flag flying", said the Chief Judge. Also speaking at the ceremony, Lagos State Attorney-General and Commissioner for Justice, Mr. Adeniji Kazeem, expressed optimism that the new judges would contribute to the growth of the State Judiciary. Kazeem said that the swearing in of the judges, will no doubt help the speedy dispensation of justice. “They have been of amazing character, and have immensely contributed to Justice Administration. “They have a robust knowledge of the law, they have the charisma and mien required for the bench", he said.

Speaking on behalf of the new judges, Hon. Justice Idowu Alakija, thanked Governor Ambode and Hon. Justice Atilade for their remarkable roles in their appointments. “It is with pride and joy that I stand here this afternoon, on behalf of the newly appointed judges. It has been a long road, and as the CJ said earlier, this is the day the Lord has made. “We would like to say thank you most especially to Governor Ambode, who without his help, we would not be here. “We would like to thank all the bodies; the NJC, the State Judicial Service Commission, the Nigerian Bar Association (NBA) and our fellow judges for making today possible. “Myself and my colleagues promise to exercise our duties diligently, without fear or favour. “We shall abide by the law, the rules and code of conduct that governs the judiciary, and shall contribute diligently to the growth of the judiciary", she promised. The new judges were also presented to the Bar and the Bench last Friday. Speaking at the presentation ceremony, Hon. Justice Atilade said that, the newly appointed judges were presented to the Bar and Bench in line with the norms of legal practice.

Enforce Supreme Court Judgement, Assemblies of God Church Urges Police IG Akinwale Akintunde The Assemblies of God Church Nigeria has appealed to the Inspector-General of Police, Mr. Ibrahim Idris, to enforce the February 24 Supreme Court judgement, which sacked Reverend Paul Emeka as the General Superintendent of the Church. The Church made this appeal through its legal team led by Mr. Onyekachi Monday Ubani, at a press conference in Lagos last Tuesday. Ubani, who is the 2nd Vice-President of Nigerian Bar Association (NBA), said that since the apex court put an end to the leadership crisis rocking the Church, the police, instead of helping to execute the judgement, had chosen to lock up the Church's Secretariat in Enugu. He said that it is worrisome that Reverend Emeka, who was sacked by the Court, is still parading himself as the General Superintendent of the Church, while still occupying the Church's property. “I implore the InspectorGeneral of Police, Mr. Ibrahim Idris, to carry out the judgement of the Supreme Court, by letting the Church repossess the Secretariat of AG Nigeria in Enugu, and vacate all other properties scattered all over Nigeria, which he has sat upon, based upon the erroneous judgement of the State High Court, Enugu, which the Court of Appeal and Supreme Court have all nullified. “We do not want a breakdown of law and order in the Church. As a foremost Pentecostal Church in Nigeria, they cannot be seen to employ unorthodox methods in resolving what rightfully belongs to them.” “More intriguing is the foot dragging and prevarication of the Nigerian Police to let us take

back our Secretariat from Rev Paul Emeka. We would have taken possession of all our properties in his custody all this while, but for the intervention of the Nigerian Police authorities, who advised the Church to allow the Supreme Court to deliver its judgement. “Now that this judgement has been delivered, dismissing the appeal of Rev Paul Emeka, what appellate option is the Police waiting for? We refuse to think that the Nigerian Police is protecting a dismissed church member and leader, while leaving the Church itself, unprotected. “We do not understand why the police locked up our Secretariat, leaving the Church to squat in residential houses, hotels and schools. We do not know how long the police will keep this going. We do not know the rationale for police’s ambivalence in the face of the dismissal of Paul Emeka’s suit by the Supreme Court”, Ubani added. Ubani also noted that, Rev Paul Emeka has been deceiving his few followers that the Supreme Court judgement declared him as the substantive General Superintendent of AG Nigeria, and that his suspension and dismissal by the General Council of AG Nigeria, was a nullity and unconstitutional. He further emphasised that, by the recent Supreme Court judgement concerning the Church, Reverend Emeka ceases to be a member of Assemblies of God in Nigeria. “For the record, Paul Emeka is no longer a member of the Assemblies of God Nigeria. He is no longer a pastor in the Church. He is no longer a leader of the Church. He is no longer a trustee of the Church, having been duly removed, and the current certificate from the Corporate Affairs Commission reflects this.”

Mediators Institute Inducts New Members, Charges Them to be Peace Makers Akinwale Akintunde Newly inducted associate members of the Institute of Chartered Mediators and Councillors of Nigeria (ICMC), Lagos Branch, have been charged to use their new positions towards building peace in Nigeria. ICMC President and Chairman of the Governing Council of the Institute, Dr. Louis Brown Ogbeifun, gave the charge last Friday, at the

induction ceremony held in Lagos for the new members. Ogbeifun, who was represented by the Institute's 2nd Vice President, Mrs. Margaret Nwagbo said, "We are aware that the development and effective usage of mediation as an Alternative Dispute Resolution tool has been slowed down, because several practitioners still believe that mediation is a process that would seriously undermine their livelihoods, plough backs and therefore, an

"Alarming Drop in Revenue (ADR)". "As mediators, we see it differently, because the man or woman on the street that is confronted with very serious conflict or a worker that has been dismissed and stripped of his or her salary, would only be interested in the quickest access to justice at the lowest cost, which mediation fortunately offers. "Some practitioners have also argued that mediation

has come to supplant litigation and therefore, would pose a serious threat to effective justice delivery." Ogbeifun noted that regardless of the profuse use of mediation, there are cases that must be resolved using litigation. "As mediators, we understand their fears. We should empathise with all the proponents. "Their fears stem from the fear of the unknown, which

is usually the force behind the argument for the status quo", he added. The ICMC President also charged practitioners to be hard working, so as to win the different proponents over, because according to him, "the taste of the pudding is in the eating". He said the time had come for both the existing and the newly inducted members, to begin transformation and brainstorming processes, so as

to jointly and effectively get to work, using the appropriate institutional framework. Ogbeifun tasked the newly inducted mediators not to put themselves on overdrive, just because they want disputants to settle their differences. The Registrar of the institute, Mr. Segun Ogunyannwo, also charged the newly inducted mediators to explore better ways towards ensuring that disputes are effectively managed.

14.03.2017

NBA-NEC Moves to Resolve Leadership Crisis in Ikeja and Abuja Branches Jude Igbanoi The crisis arising from the tussle over who leads Ikeja and Abuja branches of the Nigerian Bar Association is set to be settled, as the NBA National Executive Committee rose from its meeting in Aba last week setting up a committee empowered to mediate in both branches, with a view to reconciling warring factions. This was part of the resolutions of the NBA-NEC, at its just concluded quarterly meeting which held in Aba, Abia State on Thursday on March 2, 2017 and unanimously resolved to remove Ezenwa Anuminu and Victor Abasiaka the factional Chairmen of NBA Abuja Branch, as well as Chinedu Obienu and Lawrence Erewele the factional Secretaries, from the offices they are laying claim to. The factional officers were also barred from participating in the fresh elections to be conducted by a Caretaker Committee that will be appointed by the NBA President, Abubakar Balarabe Mahmoud, SAN The NEC's resolution also affects the two factional Chairmen of NBA Ikeja Branch, but the factional leaders Adesina Ogunlana and Dele Oloke were however, cleared to participate in the fresh election to be conducted by the Caretaker Committee, subject to constitutional qualification . NEC observed that the efforts made by the President of the NBA at reconciling the affected members were unfortunately, not successful, necessitating the present resolution on both branches. The affected branches were enjoined to respect the decision of NEC in the interest of the Association and the Legal

Profession, by cooperating with the Caretaker Committee in ensuring lasting peace, progress and development of the Branches. NEC warned however, that it will no longer tolerate any belligerent and intransigent behaviour from the affected members or their supporters, as such acts would automatically trigger the disciplinary process of the Legal Profession. Mahmoud, SAN thereafter constituted the Caretaker Committees for the crisis-ridden Abuja and Ikeja Branches of the NBA. NEC empowered the NBA President to activate the provisions of Section 11(1) (a) , Third Schedule Part 2 of the NBA Constitution, in constituting the Caretaker Committees. The NBA President, in constituting the Committees, considered the experience, integrity and loyalty to the ideals of the Bar in choosing it's membership. Those appointed are: ABUJA BRANCH 1. Caleb Dajan, 1st Vice President 2. Mustapha Abubakar (past Chairman, Kaduna Branch ) and 3.A.Y Musa (past Chairman, Zaria Branch /NEC member) IKEJA BRANCH 1.Ben Oji, 3rd Vice President 2. Foluso Fayokun (past Chairman of Lagos Branch /NEC member) 3. Manzuma Isah, Chairman, Ilorin Branch Rising from the NEC meeting which held at Eldorado events Centre, Aba, Abia State on March 2, 2017

L-R: Former NBA Presidents, Chief OCJ Okocha, SAN and Mr. Okey Wali, SAN

the Association took some far reaching decisions which include:Having considered all issues involved, the NEC resolved that the controversial chairmanship elections held in Abuja and Ikeja branches be nullified forthwith. Fresh elections are to be conducted into the two disputed offices of chairmen in both branches. While the leaders of the two factions in Abuja branch are hereby disqualified from participating in fresh elections, those of Ikeja are free to contest the elections. Separate Caretaker committees are to be created to organise fresh elections into disputed offices in Abuja. Law firms are well advised to embrace retirement policy as enunciated in the

welfare package delivered by the Welfare Secretary to the NEC meeting. Lawyers are enjoined to access the insurance packages which were presented by Welfare Secretary for themselves and the benefit of their staff. NBA members were encouraged to embrace the NBA affinity discounted cards which are the only means of paying for goods and services which are discounted specially for NBA members across the country. The form is available via NBA website : www.Nigerianbar.org.ng. NBA members are encouraged to take advantage of acquisition of landed property scheme which is part of the NBA welfare package for her members, as put together by the Welfare Secretary.

Legal Personality of the Week Gabriel Onojason

‘Be a Voracious Reader With a Creative Mind’ over his defence, he spent over 30 days in Kirikiri prison, while waiting to perfect his bail conditions for a civil transaction that was wrongly styled as a criminal matter during the Christmas period, and his wife had just delivered their son. On the day of the judgement, the Court really gave a piece of his mind to the Prosecution, for the shoddy way and manner they went about prosecuting a matter that should not have even come to the Court in the first instance. The relationship struck with that client since then till date, has been remarkable.

My Name is Gabriel Onojason. I was called to the Bar in 2006 after completing my one year compulsory training at the Nigerian Law School with a Second Class Upper division. I obtained my LL.B. degree from the Ahmadu Bello University, Zaria in 2005 also with a Second Class Upper division. I obtained an LL.M with a Commendation in 2013 from the University of Lagos, Akoka. I am a Managing Associate with Alliance Law Firm, a commercial law firm in Nigeria. My practice areas include Commercial litigation, Corporate law, Infrastructure, Oil and Gas, Labour law, Corporate Restructuring, Business Advisory/Compliance, Insolvency and Taxation. Have you had any challenges in your career as a lawyer and if so, what were the main challenges? I have had challenges in my career. After my NYSC, my first challenge had to do with where to start off as a young lawyer. I had to put just as much effort into every role I applied for and sending so many applications can take its toll on you. It took a while but I was able to get a good law firm to kick start my practice. My main challenges in career so far have had to do with the pressure associated with the practice – meeting deliverables; attending to the pressing demands of clients; getting clients to pay the right fee for your services. As a commercial lawyer, I am faced with the challenge of ensuring that there is a balance in the legal advice and opinions rendered to clients, taking cognisance of the operations of law guiding that sector and the need of the client (s). I am also striving to achieve the God – Family - Work balance needed to make one complete and whole. What was your worst day as a lawyer? My worst day as a lawyer was the day a client’s case was struck out at the National Industrial Court, a matter in which I had just

Who has been most influential in your life? I have been greatly influenced by many persons in different areas of my life, but the most influential person in my life is my Mother. She’s been a strong pillar of support to me and I am grateful to God for having her as a mother.

Gabriel Onojason

appeared in for the first time. The opposing Counsel had alleged that the Originating process was wrongly signed and I could not persuade the Court to save the case from being struck out. The client came out from Court almost crying because the case could not be re – listed and to file a fresh one, the subject-matter was already caught by statute of limitation, so we had to go through the expensive route of appeal to save the matter. What was your most memorable experience? My most memorable experience was the day a client was discharged and acquitted by the Court upon a no case submission brief which I argued concerning a charge of Obtaining by False Pretence. The Young man was really traumatised because at a time, before I took

Why did you become a lawyer? I noticed while growing up that I like to speak up for others, even though I am on the reserved side. The few fights I was involved in, were for some other persons, not really issues connected to me. I also have the ability to explain difficult and complex issues in simple words, breaking it down to anyone's understanding. I had that innate sense that my calling revolves around the legal profession as a practitioner and as an Academic in the near future. I felt that if only I could help make a difference in some way, then I would have achieved some purpose in life. This seems cliché, but I was always intrigued by books that were based on court proceedings, displaying skills of legal knowledge and vocabulary. What would your advice be to anyone wanting a career in law? My advice would be that aspiring lawyers should be highly focused and clear as to the

direction of their practice. In the early years, endeavour to expose yourself to different areas of practice, before settling down in an area of specialisation. The life of a successful and good lawyer is rooted in his ability to be a voracious reader with a creative mind, because to be a top first class and excellent professional, you have to keep learning and reinventing yourself, to be able to adapt to the dynamic nature of the profession and to be able to represent the interest of your clients very well. Also, the kind of Law Firm a lawyer begins his practice matters a lot. It is an area worth paying attention to. You also need patience to make it to the top. The adage “slow and steady wins the race” should be the watch word for aspiring persons who want a career in law. Young lawyers should know that every day, new light is being shed on various areas of the corporate world which require legal skills, and must be ready to keep learning, unlearning and relearning new skills. If you had not become a lawyer, what would you have chosen? I would have chosen to study medicine because I love to make a difference in people’s lives, even in the smallest of ways. I did some sciences before switching to the Arts class fully to concentrate on becoming a lawyer. Where do you see yourself in ten years? Ten years from now, I would have become a top class and excellent talent in my field – by enhancing my professionalism while learning new skills, interacting with different people and integrating new practice methods. I’m also really passionate about the work I do, and would love the opportunity as an academic, to be able to mentor and lecture other lawyers to be successful within the profession. One of my dreams is to visit the Caribbean, New Zealand, Australia, Botswana, Portugal, Guinea Bissau and Norway. I would love to do that with my wife.

14.03.2017

Electoral Reforms: Why Ad Hoc Tribunals Should Go This article by Joe Edet discusses the history of the Electoral Tribunal, the reasons for its creation and some of its advantages. He concludes by calling for the establishment of proper permanent Electoral Courts, instead of the ad hoc procedure we have adopted and operated over the years

History of Election Petition Tribunals igeria has made various changes to the laws governing elections in the country with the Electoral Act amended severally to reflect the whims and caprices of the electorate and sometimes that of the powers that be. It is pertinent to recall that the Electoral Decree, 1977 introduced the use of Election Petition Tribunals which replaced the use of regular courts which were hitherto vested with the powers to settle electoral disputes.The word ‘tribunal’ itself applies to any court, judicial body, or board with quasi-judicial functions. It is an administrative body that adjudicates disputes arising out of claim of rights or administrative procedures. According to C. O. Okonkwo, the function of hearing and authoritatively determining disputed claims to legal rights or obligations, constitutionally belongs to the Judiciary, but it is often exercised by the executive arm of government through administrative adjudication. Whereas, access to the courts is usually free to all manner of people who have some legal rights or claims to enforce, administrative justice is available strictly only to those specifically and expressly authorised to apply for it. Thus, Election Tribunals were set up for aggrieved parties to ventilate their grievances instead of resorting to violence. Like other tribunals, Election Tribunals are judicial or quasi-judicial, set up on an ad-hoc basis to settle electoral disputes arising from the conduct of elections. I really have no qualms with tribunals, my problem is with the ad hoc nature of a serious matter. The raison d’etre for setting up special bodies to handle election petitions have been criticised. Indeed, opinions are divided as to the necessity where there exist competent courts of record to settle such issues. It is viewed from some quarters as a distraction, unnecessary duplication and above all, enthronement of huge expenditure on the already impoverished polity. Reasons however abound on why Election Tribunals are established. Reasons for the Creation of Election Tribunals Firstly, Election Tribunals are strictly courts, except in nomenclature. Like regular courts, they form part of the machinery of adjudication available in the country for resolving electoral disputes. Indeed, many tribunals have all the trappings and characteristics of regular courts, including relatively permanent and independent existence, fairness and openness of proceedings, and the power to issue binding orders and decisions. Secondly, the urgency and speed required in the settlement and determination of electoral issues necessitates the establishment of special courts to promptly dispose of such petitions. The legal maxim ‘justice delayed is justice denied’ appropriately supports this point. This principle is the basis for the right to a speedy trial and has become a rallying cry for legal reformers, who view regular courts as acting too slowly in resolving legal issues, because the regular court system is too complex and overburdened. Thirdly, electoral cases are said to be ‘sui generis’, lawyers language for its own kind or class; unique or peculiar in its ways, form and manner. Accordingly, the rules that govern them are most of the time different from the rules that govern other civil actions. This point was well made in Che Nwole v Amah Iwuagwu, where the Court of Appeal held that; ‘Election petitions are by their very nature peculiar from other proceedings and are very important from the point of view of public policy. It is the duty of the courts therefore, to hear them without technicalities to unduly fetter their jurisdiction’. An election petition is heard and determined by an appropriate Election Tribunal, as usually provided by the constitution. In the1999 constitution, such provision is made under section 285 and the sixth schedule to the constitution. The procedure is largely governed by a law made specifically to regulate the proceedings. The jurisdiction of an Election Tribunal to deal with election petitions is of a very special nature different from that in an ordinary civil case. It is plain that the proceedings are special for which special provisions are made under the constitution. Election petitions are distinct from the ordinary civil proceedings. It is such that in certain circumstances, the slightest default in complying with a procedural step which otherwise could be cured or waived in ordinary civil proceedings, could result in fatal consequences to the petition. Elements of Election Tribunals: Sui Generis It should be noted that Election Tribunals are preferred to regular courts in the determination of election disputes, because electoral cases are ‘sui generis’. The uniqueness or peculiar nature is in relation to the procedure in its trial and determination. The

often decided upon their own facts and merits, and not on any principle of precedents already established by it or other tribunal. In other words, general principles of law applicable in other civil matters are not primarily applicable per se to election petitions. The argument equating ‘cause of action’ in civil cases to ‘cause of action’ in election petitions has been roundly rejected. Thus, an election matter is not the same as ordinary civil proceedings. Time Consciousness Above all, time is of the essence in the determination of election petitions. It must always be borne in mind that in the determination of election petition matters, public policy and the constitutional right to fair hearing within a reasonable time, dictate that time is a rare commodity. In Ambassador Akpang Obi-Odu v Donald Etim Duke, Dongban-Mensem (JCA) stated clearly that as a matter of expediency and in the expected and established spirit of election petitions, time is of the essence. Reason being that, it is the right of the electorate to know within a reasonable time frame who of the contending parties is their elected representative, but this knowledge becomes merely academic at the expiration of the term for which the election was held.

INEC Chairman, Professor Mahmud Yakubu

courts have equally conferred and confirmed this status. Indeed the legislation dealing with electoral matters are also governed by the doctrine. Oguntade JCA (as he then was) confirmed this in Abdullahi v Elayo and others thus: “A legislation dealing with election is often a special one with special rights and duties. It is sui generis with its peculiarities, which a court must recognise and take into account”. Election legislation also creates a special jurisdiction, and the ordinary rules of procedure in civil cases do not always serve to effectuate its purpose. Thus paragraph 45 (1) of Decree No. 18 of 1992 provides: Subject to the express provision of this Decree, the practice and procedure of the Tribunal in relation to an election petition shall be assimilated as nearly as may be to the practice and procedure of the High Court in the exercise of its civil jurisdiction and the High Court Civil Procedure rules or Civil procedure Code shall apply with such modifications as may be necessary to render them conveniently applicable as if the petitioner and the respondent were respectively the plaintiff and the defendant in a civil action. It follows therefore that when applying the ordinary rules of procedure of the High Court in civil matters to election matters governed by legislation, the express provisions of the relevant legislation must be held inviolate. The doctrine of sui generis is made applicable to election petitions, because as a matter of deliberate policy, election petitions are expected to be devoid of procedural court rules that cause delay in the disposition of substantive disputes, hence the relevant rules are issued in mandatory forms. Nevertheless the doctrine is not cast in stone, as it can in appropriate cases or circumstances, be applied liberally in the interest of justice. The Supreme Court had approved some relaxation of the strict application. The liberal application of the doctrine strengthens the courts jettisoning of technical rules. The Court had stated that ‘petition must be weighed against the wider need not only to do justice but also to be seen to be doing it. In Egolum v Obasanjo ,Achike JSC stated that ‘The heydays of technicality are now over. Also in Nwobodo v Onoh, Uwais JSC stated that ‘it is the duty of the courts therefore, to endeavour to hear petitions without allowing technicalities to unduly fetter their jurisdiction’. Flexibility Electoral Tribunals are known for their flexibility. Cases are

"IT IS SUGGESTED THAT, THE SUI GENERIS STATUS OF THE ELECTORAL PROCESSES AND PROCEDURES, SHOULD BE ELEVATED TO THE ESTABLISHMENT OF ELECTORAL OR CONSTITUTIONAL COURTS, DEDICATED PURELY AND ONLY TO ELECTORAL MATTERS, AND OTHER CONSTITUTIONAL MATTERS"

Establishment of Electoral Courts It is suggested that, the sui generis status of the electoral processes and procedures, should be elevated to the establishment of electoral or constitutional courts, dedicated purely and only to electoral matters, and other constitutional matters. Consequently, all pre-electoral matters,electoral matters and matters arising from elections on the whole, should be handled by the Electoral Courts. There should also be special judges and judicial officers trained specially for electoral cases and other constitutional matters. After close to twenty years of uninterrupted and unbridled democracy, our democracy has lost the flavour of 'nascence' and has come to stay, thus, the need to have permanent structures put in place, instead of the ad hoc approach we've adopted and operated so far. It's really a distraction to co-opt regular judicial officers or to transform existing courts to tribunals, as other civil and criminal cases are usually left unattended to Nigeria has a rich reservoir of experience and qualified judicial personnel who are on standby to fill in vacant positions where created. Nigeria has over time contributed so many judicial officers to other African countries. It's time to tend to our own domestic needs, a la Donald Trump. Indeed, a separate set of judicial officers should be appointed up to the apex Court to handle electoral and constitutional matters. The distractions on the existing court system is somewhat unbecoming. In actual fact, similar courts exist in South Africa, United Kingdom, the Oriental Republic of Uruguay and elsewhere. We only need to design ours to suit our peculiarities. South Africa & Uruguay The Electoral Court in South Africa oversees the Electoral Commission established by the Electoral Commission Act, 1996 to replace the Special Electoral Court which oversaw the 1994 elections, and her status is similar to that of the High Court. The implication being that, even the Electoral Commission may be granted such independence expected of it, to the point that it may not really be under the Presidency. In Uruguay, article 278 of the 1934 Constitution, assigns Electoral Court the competencies to exercise overall responsibilities for electoral acts and procedures, and to decide appeals and complaints, and undertake the functions of a supreme electoral court of justice. Thus, the court does not only hear and review electoral disputes and complaints, it is also the highest court on all election related matters. Another compelling need for the establishment of electoral courts independent of regular courts would be the need for expeditious determination of cases. There have been some very protracted election cases in the past, that dragged incessantly and endlessly. Establishment of Electoral Courts may reduce endless litigation, as some of the so-called aggrieved litigants just take advantage of technicalities and loopholes in regular courtrooms, to find their way to political offices. Nigeria's political system should not be seen as democracy decreed by the courts, but that which takes into cognisance the will and wishes of the people. There is serious crisis of confidence in the judiciary with regular courts sitting as electoral tribunals. Thus, a a very high need to separate them, make them permanent and raise to the fore, the sui generis status of electoral courts. Joe Edet, Constitutional Lawyer, Special Adviser to the Governor of Cross River State.

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14.03.2017

Mr. Olumide Akpata PHOTOS: Kolawole Alli

‘Nigerian Lawyers Must Embrace Specialisation to Create New Streams of Income’ The 11th Edition of the Annual Business Law Conference of the Nigerian Bar Association’s Section on Business Law is coming soon. From June 18 -20, 2017, lawyers from all over the country and other jurisdictions, will converge at the Eko Hotel and Suites, Lagos.The theme of the Conference is,“Law and the Changing Face of Legal Practice”. Chairman NBA-SBL, Mr. Olumide Akpata told Onikepo Braithwaite and Jude Igbanoi in a chat last Friday, how the Section plans to treat it’s Conferees to an A-Class Conference, why the Section offers full sponsorship to the Conference to at least 30 young lawyers drawn from NBA branches around the country, and how SBL's 18 Committees have fared under his watch, organising Training Seminars for members in areas such as Electricity Law, Entertainment and Media Law, Competition and Consumer Protection, Information and Communication Technology Law and many more

any have said that in terms of the ease of doing business, Nigeria is an extremely difficult place to do business. Do you agree? Why is this so? In the past, some companies were said to have actually closed down and relocated to other African countries like Ghana, where they found it easier and more conducive to do business. What steps so you think that Government

should take to make doing business in Nigeria easier, especially to attract foreign investment? It is interesting that you've asked this question because just last week, the NBA-SBL met with the Secretary of PEBEC - the Presidential Enabling Business Environment Council - and her Team to discuss potential areas of collaboration in the quest for promoting ease of doing business in Nigeria, which happens to be a key focus area of the current Council of the Section. I definitely agree that Nigeria is an extremely difficult place to do business and our dismal ranking on the Ease of Doing Business

"I DEFINITELY AGREE THAT NIGERIA IS AN EXTREMELY DIFFICULT PLACE TO DO BUSINESS AND OUR DISMAL RANKING ON THE EASE OF DOING BUSINESS INDEX IS A RATHER DEPRESSING TESTAMENT TO THIS FACT"

Index is a rather depressing testament to this fact. There are a plethora of reasons for this unfortunate state of affairs, and these are not at all difficult to identify. Ours is such an unpredictable environment with an almost pervasive lack of certainty regarding Government policy and regulations. Where policies and regulations are definitive, implementation in most cases would appear to be aimed at impeding, rather than enabling commerce. There is so much red tape and you encounter bottlenecks at every turn. Definitely frustrating for any serious investor- foreign or local.

14.03.2017 "OUR LAWS MUST BE INVESTOR FRIENDLY. WE CANNOT SAY THAT WE WANT TO BE A FOREMOST FDI DESTINATION, WHEN OUR LAWS SEEM TO SAY THE EXACT OPPOSITE"

What should government be doing? For starters - Law Reform. Our Laws must be investor friendly. We cannot say that we want to be a foremost FDI destination, when our Laws seem to say the exact opposite. Secondly our Regulators must be made to understand that they are expected to play the role of enablers and not obstructors of commerce. In this regard, I am extremely pleased with the work PEBEC is doing even though it is still early days. They are taking on key Regulators in critical sectors of our economy, and we are beginning to see the positive effects of this engagement in organisations such as the Corporate Affairs Commission. They definitely have their work cut out for them though. There are many other areas crying for urgent attention. Government must show the world that Nigeria is indeed, open for business. It seems that the restructuring, unbundling or privatisation of the power sector in Nigeria may be a failure and if anything, the power situation in the country is worse than it was before the exercise. Do you agree? What do you think government could have done or can still do to improve the power sector in the country? I don’t necessarily agree that the restructuring, unbundling and privatisation of the power sector has been a failure. Given where we were in the sector at that time, there wasn’t really a better alternative to unbundling and

COVER/9 privatisation. As you know, that process has liberalised the sector, encouraged new entrants and will in the long run, promote competition. This would not have been possible without the privatisation. I however cannot pretend that the privatisation has, as yet, really achieved as much as everyone hoped it would, in terms of increased or steady electricity supply. The point must however, be made that the operators of the various successor companies have faced significant challenges in running the privatised businesses. This notwithstanding, one expects that they will continue to put in place appropriate measures, to ensure that they meet the various performance targets which they signed up to, upon privatisation. Some of them have already started taking positive steps in this direction, and hopefully the results will show in due course. In terms of what the government can do to improve the power sector, I think that the government first needs to work with the industry players, to fashion out appropriate means of solving the current liquidity challenges in the sector. The N701 billion payment assurance guarantee recently approved by the government for the Bulk Trader, is a good step. The next immediate step, should be to significantly settle the debts owed the Discos by the MDAs. As the operator of the transmission grid, the government also needs to do more in stabilising and expanding the grid. Some experts say that the grid is currently the weakest link in the chain, and that it currently doesn’t have the capacity to wheel the energy that most of the new entrants in the sector are looking to put on the grid over the next few years, so something needs to be done urgently to the grid. Reducing over regulation in the sector and ensuring cost reflective tariffs, are some other ways the government can readily assist the sector. The Section on Business Law of the Nigerian Bar Association was created to assist Nigerian lawyers practice in the Nigerian business environment. In reality, how is the Section doing this? How successful has it been in achieving this goal so far. I think the Section has been quite successful in this regard. Indeed the SBL in line with its mandate has continued

to raise the standard of Commercial Law practice in Nigeria, essentially, by recognising that the so-called Nigerian business environment has become an integral part of the global market place, and there is thus, the need to build capacity by continually exposing members of the Section to the latest developments in Commercial Law practice, and thereby increase their competence and competitiveness. Our annual Business Law Conference which is now in its 11th year and has become a prominent feature in the global legal calendar, serves as a veritable platform for such knowledge exchanges from which our members go away well equipped to improve their practice of Law. We also have about 18 Committees that focus on different practice areas that are of utmost relevance to our local economy. These were set up with a view to encouraging specialisation amongst our members. Over the years, these Committees have organised Training Seminars for our members in areas such as Electricity Law, Entertainment and Media Law, Competition and Consumer Protection, Information and Communication Technology Law, to mention but a few. In recognition of the fact that capacity building is not only about academic training, the Section continues to advocate for Nigerian Lawyers and Law Firms to play more significant roles in those major transactions that define the Nigerian economy. Of course, there's no arguing with the fact that continued exposure to such big ticket transactions would, exponentially enhance the capacity of Nigerian Commercial Lawyers. Lately, many have been saying that there is wisdom in Nigerian law firms merging with themselves into much bigger law firms like you have in the UK and USA, maybe even with other African law firms. Do you see this happening? How easy would it be to achieve this kind of feat? What advantages, if any, are there in such mergers, apart from economies of scale? Do you think such mergers would make African law firms more competitive on the global market? Yes, this would appear to be a widely held view. As a matter of fact, mergers –

and de-mergers – of Nigerian law firms have occurred in the past. Therefore, one cannot rule out the chances of more mergers as the Nigerian legal market continues to grow. Clients’ increasing emphasis on specialisation and niches would likely be a driving force for such mergers, as firms look to expand their service offerings. Between Nigerian law firms, mergers are relatively easy, so long as the parties have agreed to the modalities for implementation. However, a merger between a Nigerian law firm and other African law firms, based on the current state of the law, will present complications. The designation “legal practitioner,” by statutory definition in Nigeria, effectively refers to a person who is qualified to practice law in Nigeria. Thus, lawyers in other African law firms, who are not qualified to practice in Nigeria would arguably not be regarded as “legal practitioners” in Nigeria. And under the extant Rules of Professional Conduct for Legal Practitioners (RPC), a legal practitioner is prohibited from “form[ing] a partnership with a non-lawyer or with a lawyer who is not admitted to practice law in Nigeria, if any of the activities of the Partnership consists of the practice of law.” The result, therefore, is that a Nigerian firm cannot lawfully merge with any other foreign firm (including African firms), unless that other firm consists of lawyers who are authorised to practice in Nigeria. Evidently, the chances of finding such a candidate-firm is almost impossible. Perhaps the RPC will be amended at some point in the future. In the meantime, however, Nigerian firms tend to cultivate some form of “best friend firm” relationships with foreign firms or subscribe to global or regional networks of allied Firms. As to the issue of whether mergers will boost the competitiveness of African firms in the global market, the answer is probably “No.” In the African market, maybe, but not necessarily in the global market. Last week, we heard of Nigerians who had subsisting multiple entry visas but were denied entry and turned back at American airports, had their visas revoked and were sent back. Is this lawful? What do you think our government should do about this situation? After all, Nigeria is not one of the six countries that are included in President Trump’s travel ban. As a lawyer with some degree of specialty in immigration, what is your opinion? Well as you know, an American Visa is issued pursuant to relevant U.S. Laws and I really am not in a position to opine as to the lawfulness or otherwise of the revocation of such a Visa by the American authorities. However, I do know that a standard condition attached to a U.S. Visa (and indeed to Visas issued by most countries) is to the effect that such a Visa does not confer the holder with an absolute right of entry into the United States, as his or her right of entry is subject to the final determination of the Immigration Officer at the Port of entry. In other words, the United States reserves its right to deny the visa-holder entry into the country. I concede that Nigeria is not one of the countries listed in the U.S. Travel Ban but I am however, not aware that the said Ban has been cited as the reason for refusing any Nigerian entry into the United States. The Nigerian Government would need to obtain more facts in this regard before making a determination one way or the other. In the past, the Nigerian Government and Ministry of Foreign Affairs have failed to rise up to their responsibilities, in terms of ensuring that Nigerians are treated properly by foreign governments. Some have condemned statements made by the Special Adviser to President Buhari on Foreign Affairs, saying that Nigerians should not travel to USA unless there is a compelling reason as defeatist and a cop out, saying that it is for CONTINUED ON PAGE 10

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'NIGERIAN LAWYERS MUST EMBRACE SPECIALISATION TO CREATE NEW STREAMS OF INCOME' CONTINUED FROM PAGE 9 the Government to step in strongly on a diplomatic level to stop this trend. How should the Nigerian Government rise up to the occasion like Iraq did to ensure that the country was removed from the list, to ensure that Nigerians are not made to suffer this type of discrimination, not only in USA and South Africa, but globally? Do you believe that Nigeria has anything that it can use as leverage? In fairness to the Nigerian Government, the Trump phenomenon is most unprecedented and I am not sure if any Government at all, has yet been able to make sense of the goings-on in Washington. Having said that, the point must be made that the Nigerian Government has unfortunately never really been known to rise promptly in the defence of its citizens who are mistreated by the citizens and or governments of other countries. I really don't think the the Federal Government and by extension our Diplomatic Missions abroad truly see this as part of their responsibility. I am not so sure I agree with the view that Mrs. Dabiri-Erewa's "Travel Advisory" is a cop-out. In my opinion, the lady from her antecedents is genuinely concerned about the fate of Nigerians in the diaspora and is not ready to play diplomatese with the lives and well-being of these Nigerians. The Nigerian Government may not have much of a leverage in any of these scenarios, but I daresay that if we start by treating our citizens right and demonstrating to foreign governments that we will not tolerate the maltreatment of our citizens for any reason whatsoever, that may very well be all the leverage we need. Having said that, with respect to South Africa, Nigeria can possibly leverage on the advantage of being a huge market which South African companies are taking advantage of across several sectors. Given the huge investments of South African companies in Nigeria, I believe we can get the South African government to the table for serious talks. Could you tell us about the Annual General Section on Business Law Conference coming up June 18-20, 2017? What is the theme of the conference this year? What informed the theme? What will be the highlights? Are there any innovations to be introduced at the conference that will be useful and beneficial to lawyers in their business practice? What do you hope to achieve? As I alluded to previously, the Annual Business Law Conference of the SBL is a major platform upon which we seek to achieve our core mandate, which is to raise the standard of Commercial Law practice in Nigeria. We are very proud of what we have been able to achieve with the Conference and we hope we are able to achieve much more in the years to come. The 11th Edition of the Conference will hold from the 18 - 20 June, 2017 at the Eko Hotel and Suites, Lagos and the theme is “Law and the Changing Face of Legal Practice”. This theme was informed essentially by the fact that our world is rapidly changing and professions like Law are not insulated from this change. The economic meltdown, climate change, advancements in technology, disruptive innovations, artificial intelligence, the rise of China, Terrorism, Brexit are just a few signposts of that which has now become our new normal. It therefore, made perfect sense for us to take a few steps back to see how our profession has been, and will be affected by these developments, and how best we can adapt to the changes that are inevitable. Indeed, the very first Session of the Conference is titled "The Future of Legal Practice - Are You Ready?” Quite a number of innovations that are already being tried out or contemplated in other jurisdictions, will be discussed at this Session which will be immensely beneficial to lawyers in attendance. Over the years, SBL conferences have always witnessed a heavy presence of international participants. What should we expect this year in terms of international participation? How

many countries and law societies are in board? We expect at the very least to maintain the level of foreign participation at this year’s Conference. Quite a number of foreign law firms, Bar Associations and Law Societies have expressed their interest in participating in the Conference in various capacities. We expect to finalise these arrangements in the coming weeks. Young lawyers have always complained about the high registration fees of SBL conferences. What plans are on ground to take their plight into consideration, especially as they have to pay their way to Lagos from places like Port Harcourt and Abuja, take care of accommodation at considerably high costs and other conference expenses like the Annual SBL Dinner? We consider young lawyers to be extremely important, as they are the future of the profession. As has been our practice, Conference Fees are significantly discounted for young lawyers. In addition to this, we usually offer full sponsorship to the Conference to at least 30 young lawyers drawn from NBA branches around the country. We intend to do the same this year. To what extent has the SBL worked with the parent body, NBA to ensure that lawyers get their well-deserved CLE points from this year’s conference? CLE accreditation has always been a feature of our conferences. We work very closely with the NBA’s Institute of Continued Legal Education whose representatives are always on site to audit the Conference and award CLE certificates to qualified conference delegates. This will also be the case at this year’s Conference. All work and no play makes Jack a dull lawyer. What should conferees look forward to in terms of leisure and entertainment? At the risk of sounding immodest, the entertainment content of SBL conferences have always been top notch, and delegates eagerly look forward to these events and from the feedback I dare say they are never disappointed. However, there is always a surprise element to our social events and I am not at liberty to let the cat out of the bag - at least not at this time. Suffice to say however, that arrangements are in place to ensure that conference delegates are very well entertained. With the nation’s economy in recession, what plans does the SBL have on how lawyers can be helped to get out of the present economic quagmire?

As I have mentioned previously, the SBL is committed to providing our members with diverse opportunities for capacity building, in order to increase their competence and competitiveness. In this time of recession, we can only double down on these efforts, as this is a sure way of improving the bottom line. Through our Committees, we are also going to ensure that our members fully embrace specialisation in order that new vistas of legal practice can be opened to them, thereby enabling them create new streams of income. How would you rate the Buhari regime and the CBN so far in terms of the foreign exchange policies? How have the policies affected business in Nigeria, not just for Nigerians, but in terms of foreign investment? If the impact has been negative, do you have any suggestions for a better way forward? I will start by saying that government created quite a bit of needless uncertainty in the economic space, by spending the better part of one year debating whether or not to devalue the Naira. Consequently, investors were unsure about coming into Nigeria with their much needed capital. As a result of this lack of clarity, many companies recorded significant losses and those that had forex loans and obligations were impacted negatively by the uncertainty of government’s position. Foreign companies, particularly airlines, who earn a significant portion of their income in Naira, were operating under excruciating circumstances as result of the inability to repatriate their earnings. Thankfully, there have been some commendable improvements in this space starting with the floating of the Naira in June, 2016 which was a good policy, as the exchange rate was left to be determined by market forces. In addition, the policy to increase the supply of forex to the market so as to meet forex needs for travel expenses, school fees and other similar expenses, is another welcome development, but only on a short term basis because a policy under which the government continues to inject forex into the market in order to stabilise prices is not sustainable. As we all know, the efficient and sustainable option would be for us to increase our exports to enable higher earnings and availability of forex, and the growth of more industries in the country so as to reduce our imports. The onus is on the government to provide the enabling environment for these to happen.

"OUR ANNUAL BUSINESS LAW CONFERENCE WHICH IS NOW IN ITS 11TH YEAR, AND HAS BECOME A PROMINENT FEATURE IN THE GLOBAL LEGAL CALENDAR, SERVES AS A VERITABLE PLATFORM FOR SUCH KNOWLEDGE EXCHANGES, FROM WHICH OUR MEMBERS GO AWAY WELL EQUIPPED TO IMPROVE THEIR PRACTICE OF LAW"

What kind of advantages do you believe that Nigeria would derive if the PIB is finally passed? The Petroleum Industry Bill (PIB) has been before the National Assembly for about 10 years without becoming law. It seeks to effect an overhaul of the regulatory regime for the industry, including the fiscal terms for doing petroleum business in Nigeria. The non-passage of the Bill has caused a bit of a slowdown in the industry, as participants are cautious with respect to continuous investment given the uncertainty of the legal and regulatory framework. The passage of the PIB in its current incarnation will no doubt resolve some of the uncertainties associated with the legal and regulatory framework which has stalled several projects in the industry. There is therefore, the possibility that the passage of the PIB will most likely stimulate more activities and projects within the industry. Another possible significant advantage is the reorganisation of the National Oil Company for efficiency, with the objective that the National Oil Company will be a fully commercialised entity, comparable to any other National Oil Company in the world. The passage of the PIB will also see a decentralisation of power between the Minister and a “super” regulator of the industry. This will ensure that there are checks and balances in the exercise of executive powers within the industry.

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Open Letter to Governor Ambode: “Lamentations of the Voiceless” Don Ukaegbu has written an open letter to His Excellency, the Governor of Lagos State, Akinwunmi Ambode, lamenting about his observations of the pitiful plight of the citizens of Lagos State, and what they go through in the hands of Area Boys, KAI and LASTMA Officials, the Police, Military and Customs and urging him to curtail their activities

Your Excellency,

ermit me to briefly report to you, an abridged account of my observations in respect of the wickedness and criminality of Area Boys, KAI and LASTMA Officials, Police, Military and Custom Officers in Lagos State; and the resultant pains and cries foisted on your beloved Lagosians. I know that some of these public nuisances are not under the control of Lagos State Government, but all the same, their activities must be brought to your notice, so that those subject to you will be dealt with, and those that are not, you can report to the appropriate quarters for action. I will narrate it seriatim: 1. Area Boys The activities of Area boys (popularly so called) are well known in Lagos State and constitute huge nuisance which has been tolerated under successive civilian administrations. In fact, the silent or seeming indifference of successive governments makes it look like area boys are unofficial government officials of Lagos State. It has been argued that they are untouchable, because they make returns to powerful people who are in power, but not in government—to whom various bus stops in the State were conceded in return for their roles in elections. Others argue that they make their returns to the government. Yet another section contends that they are unchallenged, because government and politicians use them for elections and re-elections, and so feel obliged to reward them by letting them loose on the hapless, helpless and voiceless. While I am not inclined to align with any of the suppositions, what I know as a fact is that these hooligans have been allowed to subject Lagosians to untold hardship. In order not to seem to be crying wolf where none exists, let me describe some of their activities Sir: a. Extortion of Money from Bus and Taxi Drivers: They swarm all over the place—especially bus stops—shouting “Owo da?” They demand monies from bus drivers and motorists and do not take “No” for an answer. Failing to give money, results in a number of unbelievable reactions, shockingly in the presence of security personnel, without any challenge from any quarter. They yank off vehicle wipers; break wind screens, side mirrors, pull down conductors from moving vehicles; brutally injuring drivers and/or conductors etc. The unfortunate result of this largely unbridled delinquency, is that commuters who already suffer the mental stress of recession and incessant traffic, are made to suffer more. And the most painful one, your Excellency, is that about 80% of the bus and taxi operators are not the Owners: they either operate them on hire purchase or on daily “deliver” basis. As result of the activities of those who forcefully reap where they sowed not, these poor drivers toil in vain, as almost all they make daily, are forcibly taken by area boys and their above-listed colleagues. The buses/taxis are eventually taken from drivers by the owners, for breaching the agreement or obligation under the hire purchase agreement or the deliver arrangement. The inevitable result is that their dependants suffer; drop out of school and some die of hunger. These area boys wield heavy sticks and iron rods—intimidating and maiming people in broad day light—while citizens, security personnel and foreign nationals watch in bewilderment. Their masters (to whom returns are daily made) idle around, feeding fat on the blood of innocent Nigerians—riding big cars and building houses; and no one asks “what doeth thou?” b. Extortion of Money from Shop/Kiosk Owners and Traders: “Area boys” go about collecting and obtaining money by threat from very poor market women, kiosk owners, hawkers,

Okada operators etc. Everyone watches in awe, as young men brazenly and brutally extort money from people as though they cast spell on both their victims and onlookers. The slightest resistance from their victims attract severe torturing, even in the presence of law enforcement agents who themselves are partners-in-crime; who are also in the “business” of extortion. 2. Kick Against Indiscipline (KAI) Officials I have personally and severally watched in bewilderment, the nefarious activities of KAI officials. The first was watching an official of Lagos KAI in front of Ikeja Plaza, Ikeja, collecting recharge cards of huge amounts from an airtime seller (a girl I personally knew and who was looking for money to go back to school), loaded same and refused to pay—on the ground that she flouted the law by selling along the road. While this was going on, another KAI official was seated eating groundnuts, but while having his shoes polished by a cobbler. He also refused to pay the cobbler and the groundnut seller, on the same ground of doing business at prohibited places. I challenged him unsuccessfully as he stood up to walk away, while his victims were in tears. After all, he had the government's uniform on him, and no one could stop him. KAI officials cart away poor people’s wares and convert same to theirs, and they look unstoppable in this impunity—all at the detriment of the poor—the voiceless who cannot fight for themselves, and have no one in power to plead their cause. 3. LASTMA Officials During the last fuel scarcity, I was on a queue along Marina after a court appearance. The moment the fuel attendants announced that there was no more fuel to dispense, vehicles started leaving the queue. Mine was unable to leave as there was no fuel at all in the tank. LASTMA officials immediately swooped down on me and one hopped into my car—dragging the steering wheel and key of a stationary car. While myself, my junior and bystanders were trying to explain, their superior called me apart—asking for N20,000.00 (Twenty thousand Naira). I told him that I am a lawyer and cannot offer him bribe, so they insisted on taking my car, but for the intervention of bystanders. This is just one instance of the numerous atrocities LASTMA officials commit in pursuit of filthy lucre. In different areas in Lagos, LASTMA officials have places where they forcibly corner car owners and their vehicles to demand for money clandestinely. Again, it does appear that there is no restraint on this unbridled official robbery. 4. Police Officers I won’t be able to chronicle the atrocities, criminality and the unbelievable things police officers do to Nigerians, on the road and in their police stations in this letter for want of space. The day light robbery extortion on roads and police stations; the torture chambers wherein people are tortured to “confess…” Many “suspects” at times get killed at Panti, Yaba and SARS; the debt recovery job for which they collect 10% of the amount they recover, and flagrant conversion of civil matters into criminal for selfish gains. The detentions of the voiceless for months—against constitutional prescription, until their relatives borrow money to buy their freedom. Capital offence suspects who do not have rich relatives to “pay for justice” are “wasted” (killed) as of right instead of being prosecuted. Of course there is no more presumption of innocence for robbery suspects, as they are daily killed in detention, especially if nobody comes to pay for their release. The pitiable plight of commercial vehicle operators and bread-winners that are already under the tyranny of area boys and their handlers, is worsened by the oppression of police officers. In Lagos State, the police are feared by both

law-abiding citizens and criminals alike, because there is a thin line between freedom and incarceration. Ubiquitous police officers flag down a taxi or bus operator, and collect all he made for the day without qualms; and you dare not ask questions. We have police officers everywhere along Badagry Expressway, collecting Hundred Naira from commercial drivers in such a way that one wonders whether they are armed robbers or armed beggars. After all nothing dey happen; who will talk for the poor. Successive InspectorsGeneral (IGs) have paid lip service to the criminal activities of their men. We have severally been told that road blocks by policemen have been circumscribed, but we have policemen on the roads— worsening the usual traffic condition of Lagos. Some of them are seen lurking at ungodly places, waiting to pounce on unsuspecting Okada and bus operators and to rob them of their hard earned money. It should be noted that these same police officers, like their military colleagues, do not pay fares because they are what is generally/locally referred to as staff or officers, and you dare not ask a “staff” or an “officer” to pay his fare. “Bail is free” is written everywhere at police stations. In fact, recently, police officers were seen in a Change-begins-with-me procession/ campaign, hypocritically flagging their “Bail is free” banner, because they were asked to do so by their superiors, but I know that no police station or officer will let go of anyone in their net, without asking for a huge sum of money—without which the victim would unjustly be detained—at times indefinitely. After all, poor people do not know their fundamental rights, let alone going to court to enforce them. In fact, illegal detention has become a veritable means of extortion; a money-making venture, to the extent that raids are staged and made to arrest innocent people, all of whom must pay their way out, without prosecution. The premeditated end is to make money from the pains of fellow Nigerians. “Police is your friend” is considered ludicrous and blatant mendacity, because of the way Nigerians are daily manhandled by people who are paid with their tax, to protect them. 5. Military Personnel My observation for many years in this regard (with particular reference to Lagos), probably because of where I live (Ojo Local Government, Lagos), is that soldiers from Ojo Military Cantonment are involved in the transport management in Lagos. To “mitigate” the harsh weather foisted on commercial taxi and bus owners/drivers by area boys and police officers, one has to register with the soldiers and be given identification number that reads NACANT. 537, NACANT. 436 etc. and these set of buses do not have Lagos State official bus colour (yellow)—they are either white or any other colour. When it is time for the soldiers to collect their "dues", you see them or those who front for them along Badagry Expressway, boldly enforcing their rules; collecting money and beating up defaulters in broad day light. Apart from the soldiers, there are other groups of Mafias that taxis and buses register with, to avoid constant harassment from police and area boys. Again, soldiers and naval officers are engaged

"I TOLD HIM THAT I AM A LAWYER AND CANNOT OFFER HIM BRIBE, SO THEY INSISTED ON TAKING MY CAR, BUT FOR THE INTERVENTION OF BYSTANDERS. THIS IS JUST ONE INSTANCE OF THE NUMEROUS ATROCITIES LASTMA OFFICIALS COMMIT, IN PURSUIT OF FILTHY LUCRE"

Lagos State Governor, Akinwunmi Ambode

by their relatives, friends and others, to settle scores and recover debts. They do this by illegally abducting and brutalising "bloody civilians"—the voiceless and the helpless. The merciful ones would give their target victims the benefit of doubt by first calling or sending a threat message—giving them time within which to comply with their demands, or face their wrath. They sometimes get paid for “job Well-done.” 6. Customs Officers I am tempted to say that customs officers are terribly corrupt. They take advantage of government ban on some goods and food items, to perpetrate crimes against poor traders. These days they go into streets and shops carrying away peoples’ rice— especially those helpless ones, who cannot do anything except cry while they (custom officers) speed away with their means of livelihood. I see them get into streets along Badagry Expressway carting away bags of rice from the kiosks of poor and voiceless Nigerians, who do not have anybody to fight for them. Efforts to explain that the rice was bought from good and genuine sources or are not illegally imported, fall on deaf ears as they drive away. Innocent, hapless and voiceless women and breadwinners, are left to cry to God as they have no access to the Governor who is the Chief Security Officer of the State. Unfortunately, I see and know as a fact that, these unfeeling customs officers, in turn sell some of the same bags of rice they claim to be illegally imported, at lower prices to those who wish to buy, and also feed their families and relatives with the rest. They are all over the place along Badagry Expressway, lurking in many petrol stations, illegal unapproved places, and nobody challenges them. Finally, it is noteworthy that the above-listed officers at times collect money through proxies, to avoid being caught. These proxies do not wear uniforms. Again, there police officers in mufti, who also personally collect money from commercial buses, especially at Okokomaiko bus stop. They do it in turns, and are known by many. Conclusion The President of the Federal Republic of Nigeria had this to say sometime ago: “As I said in my New Year message, living in State House does not in any way alienate me from your daily struggles. I read the newspapers and listen to the TV and radio news. I hear your cries. I share your pains.” His Excellency was voted into power by this same hapless Lagosians. Please, hear their cries through their representative crier. There is no justification for this level of privation, torture and injustice against the voiceless poor in the Centre of Excellence. The argument that getting rid of Area Boys from our roads and markets, would worsen the security situation in the State, is unfortunate. That is an advocacy for indolence, recalcitrancy and criminality. That line of argument encourages people to reap where they did not sow—as area boys do. Your Excellency, in his humane and peopleoriented manner, has refused to “tax people to death”, so why should Area Boys, LASTMA, KAI, etc be allowed and encouraged to kill the people? I have taken time to tell Your Excellency a little bit of what is going on—not because I am a meddlesome interloper, but because I am a Legal Practitioner who sees a lot in the course of my work. It has become difficult to file actions for everyone whose rights are unjustly infringed (most of whom cannot afford legal fees). I am prepared to defend what I have said and poised to reveal more. Knowing that Your Excellency will respond with impressive alacrity to “rescue the perishing, while caring for the dying", I remain, Yours Faithfully, Don Ukaegbu, Legal Practitioner, Don Ukaegbu & Co., Lagos

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Towards a Regulated Bar This article by Daniel Bwala discusses various problems facing the legal profession in Nigeria, including reduction in the quality of legal education, low admission requirements and deteriorating standards of professional ethics. He makes several suggestions for the reform of the profession, like the creation of a Bar Standards Board (BSB) modelled after the Bar of England and Wales or a Bar Standards Unit (BSU)

Some Problems in the Legal Profession in Nigeria he Nigerian legal profession is at a critical point in its history. It is therefore no surprise how the legal profession seems to be taking a downward slope in its development. The high standards are no more strictly adhered to. The profession is a noble one and so must represent nobility in all ramifications. The Nigerian Bar under the leadership of A.B Mahmud, SAN is proposing a reform by regulation and has through its Reform Committee asked members of the Bar to send in their recommendations. Some of the challenges identified are a reduction in the quality of legal education, low admission requirements and deteriorating standards of professional ethics. Others problems are high rates of unauthorised practice of law, weak and inadequate statutes, weak legal, institutional and regulatory regimes for the legal profession in Nigeria, low level of compliance with the rules of professional conduct, poor and incompetent delivery of legal services to clients, lack of client care, corruption, and threats occasioned by globalisation of legal services. Suggested Reforms However, in my opinion there are further reforms needed such as; 1. The creation of Bar Standards Board (BSB) modelled after the Bar of England and Wales or at best Bar Standards Unit (BSU) The BAR standards board is a body in England and Wales created by the Legal Services Act, 2007 (the Act) and is empowered to do the following; 1. Setting the educational standards and the necessary requirements for becoming a barrister. 2. Providing standards of conduct that must be strictly adhered to if you must be a barrister. 3. They are responsible for authorising organisations that focus on advocacy, litigation and specialist legal advice. 4. They also handle complaints against barristers and those organisations they authorise, by taking disciplinary actions or other form of actions where appropriate. In Nigeria, although the Council of Legal Education and the Body of Benchers regulate entrance to practice as Barrister and Solicitors, while the NBA’s disciplinary committee handles complaints against Legal Practitioners, there is need to rejig our procedure, while leaving the entrance and admission to Council of Legal Education and Body of Benchers, we need to create a separate body to be known as Bar Standards Unit to take care of Complaints against lawyers, regulating the quality of legal services lawyers render to members of society, authorising organisations to provide Continuous Professional Development in specialised areas of law.

took the bold step and are experiencing the rewards of mergers. Firms such as Aelex, Aluko and Oyebode are testament to the effectiveness of mergers of practice. We need to draw a benchmark for standards on law firms who have operated say for 10 years and above and if the benchmark is not met, mandate them to seek mergers or close down. We should also provide incentives for firms that pursue merger arrangements. If Law firms adopt mergers, it will provide efficient, specialised services, while staff will enjoy remuneration and the path to growth can be achieved. It will also stand the test of time, should any of the merging partners cease to exist. It is the lack of mergers that is keeping Nigerian law firms backwards and the Bar keeps resisting reciprocal transfer of practice by foreign law firms into Nigeria. Acting Chief Justice of Nigerias, Hon. Justice Walter Onnoghen

2. Mandatory one year Pupilage Because of the absence of specific laws or rules mandating pupillage, the implication of this is that young lawyers in Nigeria who are transiting from academics to practice do not have any experience of the tradition of regulated apprenticeship required and this is adversely affecting recruitment of lawyers in chambers. The Court and Law office externship provided by the Nigerian Law School is in my view absolutely insufficient. I have had the privilege of teaching as adjunct lecturer in Nigerian Law School, and conducted portfolio assessment of student’s experiences during court and law office externship. The feedback for the most part, in my view, is not encouraging in terms of experience. It is not clear whether we can rely on Section 1 of The Regulated and Other Professions (Miscellaneous Provisions) Decree No. 5 of 1978 which makes provision for the imposition of mandatory pupillage or we would need a specific regulation. In England to practice as a barrister, all students must undertake a pupillage for a period of at least 12 months and must see to the completion of any other further training prescribed by the Bar Standards Board (BSB). During this period, pupils must also complete the Pupils Advocacy Course. At the completion of this non-practicing period, pupils are mandated to submit a certificate from their pupil supervisor certifying that they have completed the period satisfactorily; the BSB will then issue a Provisional Qualification Certificate. After the completion of the

NBA President, A B Mahmoud, SAN

non-practising period of six months pupils must commence no later than 12 months of the end of the nonpractising period. During this period will complete the Practice Management Course. The practising period is satisfied by forms of external training, provided that the prior approval of the Qualifications Committee is obtained with a solicitor, a judge or other suitable qualified lawyer who is not a registered pupil supervisor or with an organisation which is not an Approved Training Organisation, but which in the opinion of the BSB, provides suitable training and experience. At the completion of this practising period, pupils are mandated to submit a certificate from their pupil supervisor certifying that they have completed the period satisfactorily; the BSB will then issue a Full Qualification Certificate. It is important to note that chambers must pay each pupil a minimum of £1,000 per month. In Nigeria, we may prescribe a minimum wage for pupils during the period and it must match the prevailing economic realities. 3. Merger of law firms or practice No doubt the consolidation and mergers of Banks, Accounting firms etc revolutionised banking and finance in Nigeria. The Legal Profession resisted the reform; but we can’t keep doing this, as we are way behind as far as global legal practice is concerned. Salute must be given to few law firms in the country who

"TODAY’S NIGERIAN LAWYER IS A JACK OF ALL TRADES AND A LOCAL CHAMPION; HARDLY COMPETES GLOBALLY, BECAUSE OF THE LACK OF SPECIALISATION OF LAW PRACTICE. LAWYERS CALL THEMSELVES EXPERT OF CERTAIN FIELDS, WITHOUT EVIDENCE IN TERMS OF CERTIFICATION OR CASES HANDLED IN THAT REGARD"

4. Payment of Mandatory minimum wage for lawyers in chambers. How long can we keep shying away from the need to introduce mandatory minimum wage for lawyers? The argument against it is insufficient, lame and cannot stand the test of time. This is evident in the way established lawyers pay their children in chambers as opposed to lawyers in chambers. It is true that you can’t pay a lawyer, but it is also true that the lawyer doesn’t go to different market from the seniors. If we encourage mergers, we would have a stronger capital base to maintain international best practices. There should be imposition of mandatory minimum wage for law firms, especially in urban towns. 5. Practice Specialisation Today’s Nigerian lawyer is a jack of all trades and a local champion; hardly competes globally, because of the lack of specialisation of law practice. Lawyers call themselves expert of certain fields, without evidence in terms of certification or cases handled in that regard. We need to establish a requirement for specialisation. The Bar Standard Unit as suggested, should regulate organisations’ that render training services in a given specialisation. The yardstick for specialisation should be governed by the provision of either certificate or experience via related cases. 6. Expanding the number of SAN conferment or abolishing of such. Many people have complained about the limited number of persons conferred with the rank and have advocated for an expansion of the numbers to say 50 or 100 in a given year or abolish the privileges of SAN. While I do not share the view for the abolition, I strongly lend my voice to the call for expansion of the numbers of persons to be conferred annually. The English Bar where we copied this from have long reformed their requirement and increased the number of persons conferred with the privilege of the Queens Counsel (QC) Daniel Hassan Bwala, Legal Practitioner, Principal Partner, Bwala & Halima Partners, Abuja

14.03.2017

THE LIGHTER SIDE/13

LEGAL HUMOUR

We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com

Dear Counsel, I thank you so much for your legal advice to non-lawyers. It has been of great benefit. I urgently need legal advice on this matter. I am 50 years old and my elder sister is about 70 years. The provision of our ages is to guide you in your advice on this matter. We were not born when my parents occupied a piece of land, made available to them by their relation (my father’s maternal uncle). Today, none of them is alive. But the family of my father’s uncle has come to reclaim that land from us. They have also refused to allow us to bury the dead on it. Honestly, we do not know what existed between them or why the land was given to my father. Is it legally right for us to resist them, or we should allow them access to the land? Anonymous, Lagos.

Dear Anonymous? Your inquiry did not give adequate details as to the nature of occupation you and your sister have had over this land all these years. If you were in exclusive and absolute possession of the piece of land for over 12 years, and your cousins never bothered to contest your possession, the law is that their rights are weak. It is well known in law that there is acquiescence by conduct. To avail yourself of this law, you must first proceed to survey and register the land with the Land Registry of your State or Local Government. The legal import of this is the legal maxim 'first in time, first in right'. The first thing you have to do in the circumstance, is to get a lawyer to examine whatever documents you may have relevant to the land in question. He would further advice you and take the necessary action with regard to securing your interest in the land.

A doctor and a lawyer were attending a cocktail party, when the doctor was approached by a man who asked advice on how to handle his ulcer. The doctor mumbled some medical advice, then turned to the lawyer and asked, "How do you handle the situation when you are asked for advice during a social function?" "Just send an account for such advice" replied the lawyer. On the next morning the doctor arrived at his surgery and issued the ulcer-stricken man a $50 account. That afternoon he received a $100 account from the lawyer. ••• A dog ran into a butcher shop and grabbed a roast off the counter.Fortunately,thebutcherrecognisedthedogasbelonging to a neighbour of his. The neighbour happened to be a lawyer. Incensed at the theft, the butcher called up his neighbour and said, "Hey, if your dog stole a roast from my butcher shop, would you be liable for the cost of the meat?" The lawyer replied, "Of course, how much was the roast?" "$7.98". A few days later the butcher received a check in the mail for $7.98. Attached to it was an invoice that read: Legal Consultation Service: $150. ••• A new client had just come in to see a famous lawyer. "Can you tell me how much you charge?", said the client. "Of course", the lawyer replied, "I charge $200 to answer three questions!" "Well that's a bit steep, isn't it?" "Yes it is", said the lawyer, "And what's your third question?" ••• "I'm beginning to think that my lawyer is too interested in making money." "Why do you say that?" "Listen to this from his bill: 'For waking up at night and thinking about your case: $25'." ••• The lawyer's son wanted to follow in his father's footsteps, so he went to law school. He graduated with honours, and then went home to join his father's firm. At the end of his first day at work, he rushed into his father's office, and said, "Father, father, in one day I broke the accident case that you've been working on for ten years!" His father responded: "You idiot, we could live on the funding of that case for another ten years!" ••• A lawyer, who was talking to his son about entering college, said, "Now got into your head that you want to be a doctor instead of a lawyer?" "Well, Dad," answered the son, "did you ever hear anybody get up in a crowd and shout frantically, 'Is there a lawyer in the house?' " ••• What's the difference between a good lawyer and a bad lawyer? A bad lawyer can let a case drag on for several years. A good lawyer can make it last even longer. ••• A Mexican bandit made a specialty of crossing the Rio Grande from time to time, and robbing banks in Texas. Finally, a reward was offered for his capture, and an enterprising Texas ranger decided to track him down. After a lengthy search, he traced the bandit to his favorite cantina, snuck up behind him, put his trusty six-shooter to the bandit's head, and said, "You're under arrest. Tell me where you hid the loot or I'll blow your brains out." But the bandit didn't speak English, and the Ranger didn't speak Spanish. Fortunately, a bilingual lawyer was in the saloon and translated the Ranger's message. The terrified bandit blurted out, in Spanish, that the loot was buried under the oak tree in back of the cantina. "What did he say?" asked the Ranger. The lawyer answered, "He said "Get lost, you turkey. You wouldn't dare shoot me".

Kwara Chief Judge Warns Magistrates, Area Court Judges Against Taking Chieftaincy Titles Hammed Shittu in Ilorin Kwara State Chief Judge, Justice Sulyman Kawu, last Wednesday, warned the newly sworn-in judicial officers in the State to stay away from taking or accepting chieftaincy titles of any sort from any traditional ruler in the State. Justice Kawu gave the warning in Ilorin during the swearing in ceremony of the newly appointed 15 Magistrates and 6 Area Court Judges in the State by the State Governor, Alhaji Abdulfatah Ahmed. According to him,"You must be mindful of the company you keep and the occasions you attend, bearing in mind the heavy burden imposed by your office, and the need to avoid anything that will bring the image of the judiciary into disrepute". The Chief Judge said that appointment of the new judicial officers, as approved by Governor Abdulfatah

Ahmed, was to fill the gap created in the lower bench of the State, with the retirement of Magistrates and Area Court Judges in recent times. Justice Kawu, who warned the new judicial officers to desist and distance themselves from anything touching on corruption which manifests itself in the form of bribery, graft, nepotism, and favouritism amongst others, said that anyone found guilty would be dismissed from service and prosecuted in court. "The Judge or Magistrate who takes bribe will not only lose respect of the members of the public and the giver of the bribe, but will also have damnation and hell fire as his portion", he said. He also charged them to inculcate a proper behavioural attitude in court by obeying code of conduct for judicial officers, saying that they must possess self control and never lose their temper or be angry in court.

"According to the late Honourable Justice Niki Tobi, JSC, in his book, 'The Nigerian Judge', 'the word anger is only one letter short of danger and yet it is the only one letter different from angel. So much harm will be done to the judicial process, if a judge is regularly angry". "Since the community of any angry people is a danger centre, a judge should try as much as he can to ensure that his court is not a danger centre", he said. The Chief Judge, who said that the judicial oath taken by the new officers, was a covenant between them and God, with people in attendance serving as witnesses, added that they would be questioned on the day of rendering of accounts. Also speaking on behalf of the newly sworn in judicial officers, Abubakar Buro said that they were prepared to serve as visionary and purposeful officers, and abide by the Constitution, Code of Conduct and Law

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14.03.2017

INSIGHT ABUBAKAR D. SANI

xL4sure@yahoo.com

Should Public Officers be Exposed to Double Jeopardy?

Introduction t does seem that, in many ways, public officers in Nigeria are a breed apart. This is because they appear to be excluded from the provisions of Section 33(9) of the Constitution, which guarantees the right not to be exposed to double jeopardy. I believe this is the only conclusion from a dispassionate consideration of Paragraph 18(3), (6) & (7) of the Fifth Schedule to the 1999 Constitution. Following from this, I believe that, to the extent that only public officers are subject to such disability, it violates their right to freedom from discrimination under Section 42 of the Constitution. In my view, notwithstanding that the said restrictions are contained in the Constitution, a case can be made for their review on the grounds of equality before the law, which is one of the cardinal pillars of the Constitution itself. The Rule Against Double Jeopardy. This principle forbids a person from being tried twice for the same offence. It is an aspect of the right to fair hearing under Section 36(9) of the Constitution, which provides that: “No person who shows that he has been tried by any court of competent jurisdiction or tribunal for a criminal offence and either convicted or acquitted shall again be tried for that offence or for a criminal offence having the same ingredients as that offence save upon the order of a superior court” Section 25 of the Interpretation Act contains a similar provision thus: “Where an act constitutes an offence under two or more enactments, or under an enactment and at common law, the alleged offender shall be liable to be prosecuted and on conviction punished under anyone of the enactments or, as the case may be, either under the enactment or at common law, but shall not be liable to be punished twice for the same offence” I believe that, having regard to the said provisions of Paragraph 18 of the Fifth Schedule to the Constitution, the foregoing provisions are clearly being observed in the breach. We shall presently review Para. 18(3), (6) &(7) of the 5th Schedule, as follows: - Paragraph 18(3), provides that the sanctions stipulated under the Paragraph shall be without prejudice to any penalties which may be imposed by any law where the conduct is also a criminal offence; - Paragraph 18(6) contains a similar provision as it stipulates that nothing therein shall prejudice the prosecution of a public officer who has be punished under the paragraph or preclude him/ her from being punished for an offence in a court of law; - Finally, Paragraph 18(7) provides that the provisions of the Constitution relating to the prerogative of mercy (Sections 175 & 212) shall not apply to any punishment imposed in accordance with the provisions of this paragraph, i.e, Paragraph 18. Enforcing the Code of Conduct for

to the Code of Conduct Bureau . . . until the Code of Conduct Tribunal finds a public officer guilty of contravention of the Code of Conduct for Public Officer no public officer shall be deprived of his rights, property or freedom” See also NWANKWO v NWANKWO (1992)4 NWLR pt. 258 pg. 693@710A-D

Chairman, Code of Conduct Tribunal, Justice Danladi Umar

Public Officers The Constitution has laid down a set of guidelines for the behaviour of public officers. It is known as the Code of Conduct, which is contained in the Fifth Schedule to the Constitution. The Code of Conduct Bureau is charged with ensuring compliance with the Code; whilst the Code of Conduct Tribunal is responsible for enforcing it: See Section 153(1)(a) and Paragraphs 1 – 4 of the Third Schedule as well as Paragraphs 12 and 15 of the Fifth Schedule to the Constitution. However, even though the provisions of Paragraph 18(3) of the Fifth Schedule and its very appellation, suggest that a trial before the Code of Conduct Tribunal is non-criminal, both the Court of Appeal and the Supreme Court have held that, the Code of Conduct Tribunal is a court and a trial before it, is a criminal trial; ATTGEN. OF THE FED. v ATIKU ABUBAKAR (2007) All FWLR pt. 389 pg. 1264 @ 1294, 1297. This takes us to the Recovery of Public Property (Special Provisions) Act, Cap.R.4 LFN2010, Sections 1(1)(a), 1(2), 1(3)(a) & (b), 1(4) 2, 3(1), 3(3), 10(1) and 11(1) of which, in my view, are inconsistent with the foregoing provisions of the Constitution dealing with public officers. This is because, they purport to empower the President to set up a panel to investigate a public officer suspected of violating the Code of Conduct; at the conclusion of such an investigation, the panel may charge such a person to the Federal High Court, which, on conviction, may sentence him/her to impris-

onment for life. To the extent that the 1999 Constitution has already made similar provisions in Section 153(1) (a) and the 3rd & 5th Schedules, as aforesaid, it is obvious that a parallel system of mechanisms and sanctions exist for dealing with public officers accused of infringing the Code of Conduct. Is this permissible? Are both sets of provisions mutually-exclusive or are they complementary? I believe the first answer is the correct one. This is because the Federal High Court is a special court with limited jurisdiction as contained in Section 251 of the 1999 Constitution. Violating the Code of Conduct for Public Officers is not one of the matters in respect of which jurisdiction has been conferred on the Federal High Court under Section 251 of the Constitution. Accordingly, the aforesaid provisions of the Recovery of Public property (Special Provisions) Act are invalid and void. This view was confirmed by the Supreme Court in EPEROKUN v UNILAG (1986)4 NWLR pt. 34 pg. 162 @ 184 and in OKOYA v SANTILI (1994) NWLR pt. 338 pg. 256@323, where the apex court, per Obaseki and Mohammed, JJSC, held as follows, respectively: “A determination of guilt under the Code of Conduct is not within the original jurisdiction of the Supreme Court or any other court of law except the Code of Conduct Tribunal”. “Any allegation that a public officer has committed a breach of or not complied with any provisions of the Code shall be made

"....HOWEVER, CORRUPTION IS NOT A DISEASE WHICH AFFLICTS PUBLIC OFFICERS ALONE, BUT SOCIETY AS A WHOLE. ACCORDINGLY, ONE WOULD COMMEND THE PRESCRIPTION OF UWAIS, JSC, WHO OPINED IN ATTGEN OF ONDO STATE V ATT-GEN OF THE FED. (2002) PT. 722 PG. 222, THAT TO ERADICATE IT EFFECTIVELY, “THE SOLUTION TO IT MUST BE PERVASIVE, TO COVER EVERY SEGMENT OF SOCIETY"

The Right To Freedom From Discrimination A corollary to the foregoing is that public officers, being a distinct community or class of Nigerians, are, ipso facto, subjected to the disabilities imposed by the said provisions of Paragraph 18(3), (6) & (7) of the Fifth Schedule to the Constitution, which other Nigerians are not subjected to. In other words, they are exposed to discrimination in terms of the aforesaid provisions, for no reason other than the fact that they are public officers. I believe that this is contrary to Section 42 of the Constitution which provides that: “A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person, be subjected, either expressly by, or in the practical application of any law in force in Nigeria or any executive or administrative action of the Government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of origin, sex, religious or political opinions are not made subject” See UZOUKWU v EZEONU II (1991) 6 NWLR pt. 200 pg. 708 @ 765, 766 In making the foregoing submissions, I concede that the aforesaid provisions of the Code are as much a part of the Constitution as Sections 36(9) and 42 thereof. However, to the extent that the provisions of the latter deal with fundamental rights, they evidently stand above the ordinary laws of the land, given that, in the words of Eso, JSC, in RANSOMEKUTI v ATT-GEN. OF THE FED. (1985) 2 NWLR pt. 6 pg. 211 @299, they “are antecedent to the political society itself”. Accordingly, one would be in eminent company to suggest that the fundamental rights provisions of the Constitution are superior to other provisions of the Constitution. This might sound startling and even controversial, as the Supreme Court has held that all constitutional provisions are co-equal: see INEC v BALARABE MUSA (2003) 3 NWLR pt. 806 pg. 72 @ 201, per Tobi, JSC, of blessed memory. It never hurts, however, to think out of the box – indeed, society as a whole, is often the better for it. Suffice it to say, by way of conclusion, therefore, that whist the motives for inserting the aforesaid clearly discriminatory provisions in the Constitution are obviously salutary, however, corruption is not a disease which afflicts public officers alone, but society as a whole. Accordingly, one would commend the prescription of Uwais, JSC, who opined in ATT-GEN OF ONDO STATE v ATT-GEN OF THE FED. (2002) pt. 722 pg. 222, that to eradicate it effectively, “the solution to it must be pervasive, to cover every segment of society”

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LEGAL CATALYST EMEKA AZINGE

emeka@emedith.com

Artificial Intelligence and the Legal Profession: Match Made in Heaven?

A Introduction

rtificial Intelligence (AI) has infiltrated virtually all industries in recent times; from financial institutions to disruptive and revolutionary services, such as Uber and the like. There is a seeming clamour to take advantage of the technology that AI brings in order to stay ahead of competition. However, one area that AI has been unable to find a strong footing, until very recently, is the legal profession. Now, imagine if legal practitioners could rely on AI, to provide background information and vital research. The resulting inevitable advance in efficiency and consistency, could result in fewer miscarriages of justice for more people, especially those who are most in need of adequate legal representation in civil and criminal matters. Defining Artificial Intelligence (AI) From a legal perspective, Artificial Intelligence (AI) can be defined as erudite and urbane computer programming that can allow computers or smart devices provide legal practitioners with more applicable and appropriate responses to legal inquiries. This could include narrowly tailored legal research results, or more accurate search capabilities in document or case-law management programs. The Advent of Artificial Intelligence in the Legal Profession The Nigerian legal profession can certainly benefit from AI, especially in the sense that the legal research experience for legal practitioners could change dramatically, and probably to a point where legal practitioners can directly tailor legal research to the judge presiding over a case. There is no doubt that initial investment in AI is expensive and therefore, disincentivises practitioners. However, the overarching benefit is that, it could be used to augment legal practitioners’ abilities and knowledge, as well as enable better service, in a more timely fashion. Besides, it is becoming increasingly evident that whether legal practitioners are afraid of or encouraged by the use of AI in the legal profession, AI is certainly creeping in and is inevitably here to stay. The Law Pavilion, with Mr Ope Olusaga as Managing Director, only recently announced Africa’s first legal analytics software. This software is definitely a welcome development for the legal profession, as it would enable quicker and timely access to relevant authorities amongst other benefits. This sort of AI technology will equally be very helpful in the litigation arena, where legal practitioners are able to access programming that allows their computers and smart devices, to integrate complaints or answers in a matter of minutes, and provide them with an almost instantaneous analysis of relevant case or statutory law, thereby tapering the legal practitioner’s time and focus spent preparing or responding to litigation filings. Furthermore, I dare state that, AI is indeed ushering in the second phase of legal delivery disaggregation. Technol-

ogy, after all, is the engine for a better, faster, cheaper delivery of legal services. Several corporate legal departments, law firms, and service providers are beginning to utilise AI for review and standardisation of documents. AI’s impact on the corporate end of the legal market is in its incipient stage, but its impact on efficiency, risk mitigation, and dramatically shortening the time and reducing the cost of human review is unmistakably significant. Concerns associated with Artificial Intelligence in the Legal Profession AI is a tool with which legal practitioners and law firms, as well as clients, can try to address the emerging legal landscape that requires more efficient services, at a faster and cheaper pace. What could be wrong with that? Proponents argue that the resulting further contraction of legal work available is nothing more than the natural progression of technology’s impact, a road we are on even without AI. Clients, they say, will be better served and happier. In this regard, AI proponents are not wrong, however, in chasing the amazing possibilities, the legal profession must not compromise on upholding the fundamentals: 1. The need for human input: In our race to use AI to provide better, faster and cheaper legal services, we must not forget that AI still needs human input — someone has to create the machines, write the programs, feed in the data, have problems to solve, and confirm the accuracy of conclusions.

This human factor is, and will always be, inescapable. Consequently, In this regard the legal profession cannot ignore the danger of a failure of competence. 2. Understanding the technology: In using AI, legal practitioners must understand the technology that they are using, such that they can assure themselves they are doing so in a way that complies with their ethical obligations — and that the advice the client receives, is the result of the legal practitioner’s independent judgement. What if the legal practitioner employing AI, in his or her inadvertent knowledge gap of how to use the technology, feeds the wrong data or asks the wrong question? What will be the possible effect? The wrong answer will result. However, will anyone know it is wrong, especially if it looks and feels the same at the end point? These salient questions, to my mind, raise real and reasonable concerns for the legal profession. 3. Risk of abdication of responsibility: Though a legal practitioner might be able to recognise anomalies due to his or her legal training, as well as know enough to test the answer, ask a different question, or adjust the data, these do not extinguish the possibility that legal practitioners might abdicate responsibility and blindly trust the technology, only to get it utterly wrong at the expense of the law firm and/or client, and effectively the reputation of the profession. 4. Lack or Artificial Intelligence regulation: Who will regulate the AI providers and require quality standards?

"THUS, I MAKE BOLD TO SAY THAT, AI PRESENTS A REAL CHANCE TO RE-ELEVATE OUR PRESTIGIOUS PROFESSION; AND SHOULD BE EMBRACED, ALBEIT WITH CAUTION"

It does not have to be the same set of rules that legal practitioners abide by, as it can be independent. However, at the moment, there is no regulatory scheme, and this creates significant uncertainty for both the legal profession and the AI legal technology industry itself. For now, there may be no significant danger to the public at large due to the current inchoate phase of AI. However, stepping into this regulatory void is a necessary step, and the legal profession should bear in mind that, the opportunity to do so may not exist indefinitely. Having stated the preceding, the ultimate danger here is that AI technology can be exploited because of its inner workings. However, a concrete solution to the aforementioned concerns, may be premised on our ethical obligation as legal practitioners not to blindly accept answers, but rather, exercise our professional training to exercise high levels of due diligence and spot obvious and not so obvious mistakes. This is in addition to AI not being represented in any way, shape or form by progenitors as ‘providing’ legal services without the involvement and supervision of a trained legal practitioner. Conclusion As legal practitioners, we are often slow to adapt to technology, but when we do adapt, we adapt quite well. I strongly believe that, as more legal practitioners embrace AI, we will find that the resulting practice efficiencies will free our time, such that we can fully channel our intellect, knowledge and skill to truly add value for our clients —something we all as legal practitioners desire. Thus, I make bold to say that, AI presents a real chance to re-elevate our prestigious profession; and should be embraced, albeit with caution. In other words, as much as the positives of AI are not in doubt, we must as a profession ensure necessary safeguards are put in place in the not too distant future, such that the dignity and precision of the legal profession is not eroded by misguided use of AI technologies.

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14.03.2017

Leaders in 1976

General Muhammadu Buhari and General Olusegun Obasanjo then

Still in Power in 2017!!

“CHANGE BEGINS WITH ME”

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

POLITICS

Group Politics Editor Tobi Soniyi Email tobi.soniyi@thisdaylive.com 08033146139 SMS ONLY

EXECUTIVE BRIEFING

Addressing Nigeria’s Over-bloated Bureaucracy Damilola Oyedele writes that with the ever increasing cost of governance in Nigeria arising from the multiplicity of government agencies with duplicate functions, the National Assembly, through legislation, has a major role in rationalising and sliming down the government bureaucracy. It is high time the legislature revisited the far reaching recommendations of the Oronsaye Report

espite words to the contrary, Nigeria’s recurrent expenditure continues to balloon, to the detriment of infrastructural development. Obviously, the government continues to pay lip service to reduce the cost of governance, as recurrent expenditure remains on the rise, against capital expenditure, in the country’s annual national budgets. In 2015, the N4.45trillion budget had N1.83 trillion (45.07 percent) for salaries of public servants and political office holders, and overheads for Ministries, Departments and Agencies of government, while total capital expenditure was N690.58 billion. The 2016 N6.03 trillion budget of change had N2.6 trillion budgeted for recurrent expenditure and N1.8 trillion for capital projects, while in the 2017’s N7.3 trillion budget estimates, N2.98 trillion was proposed for salaries and overhead of 541 MDAs , and N2.24 trillion for capital expenditure. Oronsaye report The Stephen Oronsaye report,(Presidential Committee on the Rationalisation and Restructuring of Federal Government Parastatals, Commissions and Agencies) commissioned in August 2011, already made far reaching recommendations on how to cut the huge cost of governance. It recommended that the agencies be reduced from 263 to 161, while 38 agencies be completely scrapped. Highlights of the report, which remain relevant in contemporary Nigeria, include the recommendation for the merger of National Emergency Management Agency and the National Refugees Commission to be renamed National Emergency Management and Refugees Commission. Both agencies are currently active in the management of the welfare of Internally Displaced Persons, with the rising wave of insecurity in Nigeria. According to the Oronsaye report, their duties overlap, and had resulted in misunderstanding between them over the application of who should be referred to as refugee, IDP, and others, with consequences on the welfare of vulnerable persons. Similarly, the National Poverty Eradication Program (NAPEP) domiciled in the Office of the Secretary to the Government of the Federation, is charged with monitoring and coordinating poverty eradication efforts. By deviating into micro-financing, skills acquisition and some job creation schemes, its duties therefore overlap with those of the Small and Medium Enterprises Development Agency (SMEDAN) and the National Directorate for Employment. The three bodies, according to the Oronsaye report, can be merged into one and renamed National Agency for Job Creation and Empowerment. In the same vein, the committee advised that the Act establishing the Federal Road Safety Corps (FRSC) be repealed, its functions reverted to the Highway Department of the Federal Ministry of Works, while its personnel should be deployed to the Nigeria Police Force and other relevant organisations. “It should be understood that the current overwhelming bad road user behaviour is a temporary phenomenon that an interventionist body like the FRSC was set up to address; thus, it should not be allowed to grow beyond an adhoc body that can reintegrate into a parent body like the Highways Department of the Federal Ministry of Works,” the committee cautioned. Some agencies and commissions, which were established to address specific contemporary

Oronsaye... merge overlapping parastatals

challenges have been transformed into permanent institutions, even when their duties are replicated by other agencies. As mentioned earlier, the FRSC was an interventionist agency, which has since grown into a full fledged organization with a Chief Executive (Corp Marshal) who enjoys the paraphernalia of office such as siren blaring outriders and convoys like heads of other para-military organisations. The most common evidence of the duplication of duties with the police and Vehicle Inspection Officials (VIO), is that all three agencies request to see vehicle particulars as soon as they stop a driver. Another interventionist agency is the National Agency for the Control of Aids (NACA)

are the National Council for Research and Development, National Research and Innovation Center, while other new establishment include Federal Entrepreneurship Centre, National Marine Insurance Bureau, Chartered Institute for Trade and Investment of Nigeria, National Council on Occupational Safety and Health, Nigerian Independent Warehouse Regulatory Agency, National Agency for Ethics and Values, and others. Also some bills which have passed through second reading seek to establish the National Peace Commission, the Nigerian Assets Management Agency, and some other organisations.

Role of the National Assembly The agencies and commissions identified in the Oronsaye report as performing duplicating functions can only be wound up or rationalised by the National Assembly. It does not however seem like the legislature would do so. Already, the Eighth Assembly has passed bills seeking to create at least 27 new agencies. Recently, the legislature passed a bill seeking to establish the National Peace Corps, despite protests from the police, civil defence corp who see the new body as duplicating their roles. Nomenclature and mandates of some of the proposed agencies already indicate duplication with roles of some existing bodies. They can therefore be created as departments instead. These include the National Grazing Management Agency and the National Ranches Commission (can be formed as Department in the Ministry of Agriculture) and Private Security Regulatory Agency of Nigeria (can be a department of the police). The proposed Federal Competition and Consumer Protection Commission/Tribunal will certainly clash with the existing National Lottery Commission/Tribunal and the Consumer Protection Council, while the proposed National Transport Commission, Chartered Institute of Logistics and Transport of Nigeria can be domiciled in the Ministry of Transport. Some research related bodies proposed

Duplication Galore The two chambers of the National Assembly themselves expanded the number of their Standing Committees. In the House of Representatives, Speaker Yakubu Dogara increased the committees from 89 to 95. Health was split into three: Committee on Health Services, Committee on Health Institutions, and Committee on Tuberculosis, HIV/AIDS. Agriculture was dividd into Committee on Agricultural Institutions, and Committee on Agricultural Services, while Education was split into Committee on Basic Education and Committee on Tertiary Education Services. The House also created separate committees with oversight on antigraft bodies; Committee on Anti-Corruption and Committee on Financial Crimes, in addition to a new creation of Committee on IDPs/Refugees. In the Senate, Senate President Bukola Saraki created 65 Committees for the 109 Senators. Some of the committees in both chambers seem limited in scope and mandate “Job for the Boys” To borrow the words of the Secretary to the Government of the Federation, Mr. Babachir Lawal, creation of the agencies seem to be about providing ‘jobs for the boys’. Despite rhetorics to reduce public spending, the President Muhammadu Buhari government, may be towing the same path. The government established the Presidential Committee on

North East Initiative (PCNI), whose mandate is almost a replication of the duties of NEMA, and refugees commission. A look at its N45 billion 2017 budget proposal indicates that the initiative is involved in the provision of welfarist facilities, including food and shelter for the IDPs,in Boko Haram ravaged areas, just like NEMA is. Incidentally, Lawal, who oversees PCNI, is already enmeshed in corruption allegations bordering on the expenditure of the funds, less than two years of existence of the PCNI. In justifying the passage of the Peace Corp Bills, the lawmakers had argued that it would create more jobs and complement security efforts. THISDAY gathered that several slots for employment in the outfit have been reserved for the lawmakers. Also, in the National Assembly, it was clear that extra committees were created to ensure that there are more chairmanship slots to go round and ensure that ‘interests’ are taken care of while loyalists are all compensated. Dogara, during the inauguration however noted that some of the committees were split to enable them oversight their agencies better. He also explained that the new committees would not add to the budget of the National Assembly, as all committee staff are drawn from the pool of existing staff. “The Committee on Internally Displaced Persons (IDPs) was created in response to contemporary demands…The National Assembly budget has not been increased as a result. The situation in the Legislature is slightly different from the situation in the Executive branch where creating a new Agency or Ministry may lead to increased costs of running the offices,” he had explained. House Position When contacted the Chairman of the House of Representatives Committee on Media and Public Affairs, Hon. Namdas Abdulrazak said the system of governance ensures that the arms of governments serve as checks and balances on each other. “Bills have to be assented to by the President, so mere passing of a bill alone is not a law, and cannot establish an agency, so there are levels of checks and balances,” Namdas said in a telephone conversation. He added that the lawmakers are mindful of the need to cut costs, even if a few agencies are proposed to be created. “Also we have several bills that did not make it because of the fact that we want to cut down costs. So that one or two agencies pass through, does not mean we are not mindful of what is going on in the country. There are some bills that did not see the light of day, for this reason,” he said. On whether the House would push for implementation of the Oronsaye report, Namdas said, he has to consult with the House leadership before responding. “I cannot say yes or no, because I have to consult with my leadership to know the posistion,” he said. Similarly, the Deputy Chairman of the Committee, Hon. Jonathan Gaza Gbewfi said some of the new creations are to enhance professionalism. “Back then it was just about health, as technology progresses, we have specialists for the eyes, for the nose and others, so it is also to fall in tune with contemporary needs,” he said in an interview. Gbewfi further noted that even when new organisations are created, some simply have their staff redeployed or seconded from existing parastatals, and do not have to embark on fresh recruitment exercises.

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

TRIBUTE

Exit of an Iconic General Once news of his demise broke, the calibre of the people that thronged to the residence of the late Genera Adeyinka Adebaya, was a testimony of his immense contributions to the unity of Nigeria, writes Segun James.

t says something about your trustworthiness when both your allies and enemies accept you as a beacon of strength. That was what General Robert Adeyinka Adebayo was. An officer and a gentleman saddled with a task to bring his Yoruba people back into the mainstream following the countercoup that took place in Nigeria in July, 1966. A man torn between the devil and the deep blue sea. Military officers are not generally made for limelight, but in 1966, Gen. Adebayo, a lifelong Nigerian Army officer became an all-out celebrity when he was made the governor of Western state of Nigeria following the killing of his brother officer and colleague, Colonel Adekunle Fajuyi in the countercoup. His was a daunting case. He has to sooth the egos of the Yoruba people following the killing of the premier of the Western region, Chief Ladoke Akintola and the cream of Yoruba military officers, in January 1966. There was anger and pain when Colonel Fajuyi, a loyal officer who choose to pay the supreme price than betray his Commander-in-Chief, General Thompson Aguiyi-Ironsi was killed in the countercoup. The people felt they suffered the most from the events of that period and were agitated. Quelling their anger and bringing back peace were the major task ahead of Adebayo when he was appointed as military governor. It was a task that must be done and he succeeded in accomplishing his duty. If death had waited barely 24 hours, the late Adebayo would have celebrated his 89th birthday with pomp and pageantry amidst his wife, children, friends and former colleagues who were ready to celebrate the elder statesman. But the celebration eventually held posthumously. However, the General snatched a victory. His death is a celebration of life instead of mourning; and that has been happening in his Ikeja Government Reserved Area (GRA) home since his death was announced last Wednesday. And that speaks a volume of a life well spent in the service of the nation. Robert Adeyinka Adebayo was born on March 9, 1928 in Iyin Ekiti, Ekiti State. He was appointed governor of the old Western region of Nigeria between 1966 to 1971 after Colonel Francis Adekunle Fajuyi’s death in the 1966 coup d’état. He was the son of a public works employee from Iyin Ekiti, near Ado Ekiti. He attended All Saints School, Iyin-Ekiti, and later attended Eko Boys High School and Christ’s School Ado Ekiti. He joined the West African Frontier Force, the forerunner of the present Nigerian Army in 1948 as a regiment signaler and later completed the Officer CadetTraining Course in Teshie, Ghana rom 1950 to 1952. After passing the War Office Examination for Commonwealth cadets in 1952 as well as the West African qualifying examination in 1953, he was commissioned as an officer in the Royal

One really cannot say how sad we are. We are sad. One of us is gone. Our oldest colleague is gone. He has passed the baton to us - the younger ones. We will always remember him. He helped to ensure that this country continued as a nation

Adebayo...hero, even at death

West African Frontier Force (RWAFF). He was the 23rd West African military officer with number WA23 and seventh Nigerian military officer with number N7 after completing the War Office Cadet Training in Eaton Hall, England. He later attended the Staff College course in Camberley (Surrey) in 1960 and the prestigious Imperial Defence College, London in late 1965 where he was the only African officer. From being a Platoon Commander between 1954 and1955, he became a Regimental signal officer, 1955-1957 and then between 1957 and 1958, he was an aide-de-camp to the last British governor-general of Nigeria, Sir James Robertson. Between 1958 and 1960, he was the Company and Detachment Commander and later became the first Nigerian general staff officer, Grade 2 (Intelligence) at the United Nations Headquarters in 1961. He was also the first national general staff officer, Grade 2 Nigerian Army Headquarters between 1961 and 1962 and then became the first Nigerian to be appointed general staff officer Grade 1 between 1962 and 1963. Adebayo was also the Commander, Nigerian contingent in the Congo in 1963 and later served as staff officer in the United Nations peacekeeping force during the Congo crisis between 1961 and 1963. The late general later became the Chief of Staff, Nigerian Army Headquarters, February 1964 and November 1965, thus becoming the first indigenous chief of staff of the Nigerian Army. Between 1966 and 1971, he was the Military governor, Western Nigeria and also was the Commandant, Nigerian Defence Academy between 1971 and 1972. He retired from the Nigerian Army with the rank of Major-General in July 1975. Delving into politics afterwards, he became one of the founders and vice chairman of the National Party of Nigeria (NPN) between 1979 and 1983. Having played a pivotal role during the Nigeria/Biafra war, he was appointed by the head of state, General Yakubu Gowon, as the chairman of the committee on the reconciliation

and integration of the Igbo (Biafrans) back into the Nigerian. As of 2011, Adebayo was the chairman of the Yoruba Council of Elders and his eldest son Otunba Niyi Adebayo was a governor of Ekiti State from 1999 to 2003. So at death, it was tribute galore for the former governor who had the singular honour of being a former governor whose son also became a governor in his lifetime. Among those who spoke glowingly about him are former military Head of State, General Yakubu Gowon (rtd), and former Head of Interim National Government, Chief Ernest Shonekan. Gowon was particularly philosophical about Adebayo’s death as he insisted that the general was his senior brother officer. “One really cannot say how sad we are. We are sad. One of us is gone. Our oldest colleague is gone. He has passed the baton to us - the younger ones. We will always remember him. He helped to ensure that this country continued as a nation. “He has left a family I believe that will live up to his ideals. Until we come, adieu brother Adebayo. I hope and pray he will prepare a place for us when we come.” Gowon grieved. Shonekan, said the late elder statesman was “a peaceful man,” also expressed deep regrets over his death. “He served the nation very well. I think he deserves a befitting burial worthy of someone who served his nation greatly.” Other prominent Nigerians who visited the Adebayo’s family at their GRA, Ikeja home were former military Vice President during the General Ibrahim Gbadamosi Babangida government, Commodore Ebitu Ukiwe; former Ekiti State Governor and Minister for Mines and Steel Development, Dr. Kayode Fayemi; former Delta State Governor, Emmanuel Uduaghan, and former Ogun State Governor, Otunba Gbenga Daniel. Three of the four remaining Alliance for Democracy (AD) governors from 1999 to 2003, Asiwaju Bola Tinubu (Lagos), Chief Bisi Akande (Osun) and Aremo Olusegun Osoba (Ogun State) were also there to console their

colleague, Otunba Niyi Adebayo. Others were Lagos State Governor, Mr. Akinwunmi Ambode; Professor Jide Osuntokun, wife of late former Ondo State Governor, Mrs. Olufunke Agagu; retired AIG Tunde Alapini, Chairman Elizade, Chief Michael Ade Ojo; Senator representing Lagos Central senatorial district, Senator Remi Tinubu; business mogul, Chief Sam Adedoyin, and Rasak Okoya, former Minister of State for Defence, Mr. Demola Seriki; and the founder of Oodua Peoples Congress (OPC), Dr. Fredrick Fasheun. Extolling the virtues of the late Adebayo, Ukiwe said: “He (Adebayo) was very marvelous. He helped to turn this country around at a critical time. He was a trail blazer.” On his part, Tinubu, who urged the Yoruba nation and the entire country to emulate the legacy of late Adebayo during his condolence visit to his home, said the deceased provided the platform where Nigeria’s unity was hatched after the June 12, 1993, presidential election was arbitrarily annulled. According to him, “He is our father and one of the founding Yoruba fathers. He was a great nationalist who fought for the unity of the country. He fought for the unity of the country at a critical time, and he paid the price during the service to the country. “He was extremely courageous and was called upon to lead the entire Western states. All that he did was to work hard for the unity of the country. He did a wonderful job and left a legacy. When the country had problem during the annulled June 12, 1993, election, he rallied the people to ensure that Yoruba did not break and Nigeria did not break too as a result of that. “He made a great point that no matter what, the rule of law was observed. He was committed to bringing us up, not just his immediate family alone. I remember several meetings we had and the advice he gave us. He left a wonderful legacy! “We must consolidate on the peace, which was not about him alone, but the future generation. The peace is a must for us because without peace, we cannot have a nation. We thank God that we are still here to build upon his legacy.” One of the late Adebayo’s nieces, Mrs. Shola Bada Enaikele also corroborated Tinubu’s view when she said: “Daddy was so kind hearted. He loves everybody equally. You can hardly tell who are his biological children apart because to him we are all his children and he is concerned about your total well-being”. Former Delta State Governor, Uduaghan, described him as a bridge builder. “Baba has a lot of legacies. He puts people together and mentored them during his tenure as a military governor. He also had the opportunity of producing a governor son. He was a peaceful man and all of us must pursue peace in the country because even as a military man, he ensured peace in Nigeria.” In his remark, former Ogun State Governor, Daniel, noted that “he was our dear father because of the special roles he played. I can never forget his contributions to what I have become. He was a builder. He was one of the last titans. It is a pity that he could not extend his lifetime beyond destiny. He will be greatly missed by the Yoruba people and Nigerians at large.” On her part, Senator Remi Tinubu said the late general was a great Nigerian who loved peace and fought for peace in his lifetime. She said: “He was peace loving. Adieu daddy! He had been a daddy to me for a long time. He will be greatly missed. I was still very young when he was a governor. Looking back, I think he had left a good legacy in the sense that he was alive to see his son become a governor. We pray that God will grant him peace. “When his case is brought to the floor of the National Assembly, they will look for what to do to keep his legacies. Right now, I am not in the position to say much about that except they table it on the floor of the assembly, and it would be decided how to honour him.”

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

FEATURES

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

Nigeria's Robotics Whizkid Damilola Oyedele writes on a 26-year-old Nigerian, Chinemelu Ezeh, is looking to breakthrough in the field of Robotics Engineering in London

Ezeh

An incipient stage of robot for planning and control of autonomous vehicle where D-star is employed for optimal planning and model predictive control for optimal control regime

obotics Engineering is an integration of Electronics, Electrical, Computing, Mechanical and Material Engineering, dealing with designs, manufacturing and use of robots for control, sensory feedback and information processing. As robots can replicate almost any form of human activity, they are now being deployed in danger prone instances, such as bomb detection and de-activation. Sounds quite technical? Chinemelu Ezeh makes it seem like a piece of cake. He considers his chosen field as the ultimate marriage of the different areas of engineering as one who can master the field of Robotics will be one of the most versatile and most complete engineers. With a three year scholarship for a Doctorate Degree in Assistive Robotics from the University College London, he is currently

Ezeh being congratulated by his primary school teacher after winning the bicycle as a first prize in the “Work it out” mathematics TV competition

My plan for the future is to use technology to solve some of the major challenges in Africa. I believe technology can help improve literacy levels, facilitate transparency in government, solve our power crisis and improve the quality of life of people in Africa

working to develop novel control interfaces for sharing control between a wheelchair user and a smart wheelchair. “Since Robotics is versatile, it finds applications, is just about any field from finance, electrical to mobile to online e-commerce. The skills gained from studying robotics are easily translatable to other fields and this opens up many doors anywhere, Nigeria included,” he said in an interview conducted online with THISDAY. Ezeh’s knack for the sciences has always shone through. While a student at the Nigerian Tulip International Colleges (formerly Nigerian Turkish International Colleges) in Abuja, he garnered awards and prizes like they were pieces of cake. He bagged the 1st runner-up in Abuja, in

both instances in the Junior and Senior categories of the Cowbell Mathematics Competition, and later emerged as Bronze medalist, Infomatrix Computer Olympiad held in Romania in 2006. He also helped programme the robot for the project that won silver in the Informatrix competition. In 2007, he emerged Silver Medalist at the Science and English Fair, in Turkey, while in 2008, he placed 7th place in the Nigerian National Mathematics Olympiad. It was therefore no surprise that Ezeh passed his WAEC/SSCE in flying colours in 2008, and also scored 90 per cent for his Advanced level studies at the Cambridge Arts and Science, Canterbury United Kingdom, as the best graduating student, and the

only student to be accepted into Imperial College in London (ICL), from his set. Born to a Civil Engineer father, and Food Scientist mother, his love for the sciences may have been inherited. “My best subject, as far back as I can remember, was Mathematics, which is a core requirement for engineering. Also, throughout the years I find that there is a joy in creating things that have never been, and that is what engineers do,” he said. He credits his parents with a very handson approach to raising their children. “They were very serious about education and so would buy us many books and educational toys. We also had many lesson teachers from

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

FEATURES

Ezeh as an intern in Google, London office

Ezeh (2nd left) with the team of UK finalists at the TIE Business Plan Competition, where a mobile payment solution was developed

I am surprised we do not have science-based television channels that inspire people into the field. The British and Americans have many of such programmes. We have to face reality: modern civilisation is founded on science and technology. There is no other way to develop a nation

Ezeh at a web summit, part of 100 students selected from 15,000 universities such as MIT, Cambridge, Imperial and Oxford

a young age. They also ensured we ate healthy and they did their best to ensure we grow up with a good sense of moral judgement and character based on the way they lived their own lives,” Ezeh added. The kind of upbringing he described may have pushed him to always strive to be the best. Going on to study Electrical and Electronic Engineering at the ICL between 2010-2014, where he also had a stint in Software Engineering (Trainees) in the London Geo team of Google, he emerged with a First Class. In his first year at the ICL, he was team leader of a group that designed and constructed a track-completing robot using assembly language, while in his fourth year, he built a robot from the scratch to demonstrate a navigation system, and designed a navigation system by simulating optimal control for path following of differential drive for his thesis, which centered on Design and Implementation of Control and Path Planning of Autonomous Vehicle. Following his achievements at the ICL, Ezeh was awarded a full three year scholarship by University College London, where he is scheduled to round up later this year. While he is unsure if he would find the

appropriate platform to deploy his skills and knowledge in Nigeria, Ezeh plans to return home after his studies to explore opportunities available to scientists like him. “My plan for the future is to use technology to solve some of the major challenges in Africa. I believe technology can help improve literacy levels, facilitate transparency in government, solve our power crisis and improve the quality of life of people in Africa,” he said. But like many Nigerians in the sciences making waves abroad, he is likely aware that the opportunities may be limited due to the continued nonchalance to STEM. “I am surprised we do not have sciencebased television channels that inspire people into the field. The British and Americans have many of such programmes. We have to face reality: modern civilisation is founded on science and technology. There is no other way to develop a nation. As writer and former Colorado Governor Richard Lamm said, “All we know about the new economic world tells us that nations which train engineers will prevail over those which train lawyers. No nation has ever sued its way to greatness,” Ezeh said in

the interview. “Nations advance when they apply principles gained from the pursuit of organised knowledge, which is essentially the scientific method of thinking. Technology is the fruit of scientific pursuit. I do stress the application because at the end of the day, action counts more than just words. As a nation, we need to become more curious in science and technology in order to catch up with the rest of the world similar to what India has done,” he added. With papers already published in academic journals, Ezeh is also President of the UCL Robotics Society which he co-founded. How did he generate interest in Robotics? Ezeh recalled that his secondary school, NTIC, influenced this, and also assisted with developing a rigorous background in mathematics and science. The school, he noted, encouraged willing students to broaden their horizon by participating in local and international competitions. “I gained an appreciation of science and technology through the international exposure providing by attending these competitions. Furthermore, during my holidays, I would stay back in school for advanced training

in Mathematics, Physics and Informatics. It was a lot of fun because we would have a lot of social events when we were not hard at work. We studied hard and play hard,” he recalled. THISDAY contacted one of his former Mathematics teachers at the NTIC, Mr. Sabri Unal who recalled that Ezeh was also very interested in computers. “The potential of children should never be underestimated either by their parents or teachers. It is very vital to give them a chance to explore these potential in different areas, which would show what sectors they may be best suited for,” he said. Unal however emphasised that children should mostly be encouraged in areas where they find joy, happiness and passion, as these would enhance their exploration of such fields. It is not all academics though. Ezeh is also the Chief Executive Officer of Impactionate Ltd, a company primarily focused on crowd funding for sustainable developmental projects, which can be measured. “Impactionate is a company borne out of a desire to be the change I want to see,” he said. The young man also enjoys playing football, ceroc and salsa dancing.

IMAGES

T H I S D AY â&#x20AC;˘ TUESDAY, MARCH 14, 2017

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

L-R; Force Police Public Relations Officer. Moshood Jimoh, Executive Director, Akin Fadeyi Foundation, Akin Fadeyi; Inspector General of Police, Ibrahim Kpotum Idris; Communications Officer, Akin Fadeyi Foundation, Ganiyu Olowun and Monitoring and Evaluation Officer, Akin Fadeyi Foundation, Adun Martins shortly after the partnership engagement of the CORRUPTION, NOT IN MY COUNTRY Project with the Police at the Force Headquaters, Louis Edet House, Abuja...recently

L-R ; Clinic Manager, Nordica Fertility Centre, Tolu Ajayi.; Head of Corporate Communications, Diamond Bank Plc., Chioma Afe; CEO, Nordica Fertility Centre, Dr. Abayomi Ajayi ;Head Consumer Banking, Diamond Bank Plc, Aisha Ahmed; and the Executive Member Endometriosis Association of Nigeria, Seyi Ogunmole,duriing the Endometriosis Association of Nigeria Walk to end the Silence in Lagos...recently . SUNDAY ADIGUN

L-R: Acting Corporate Services Executive, MTN Nigeria, Mrs. Oyeronke Oyetunde; MTN foundation Scholar Alumni, Miss. Adenuga Adedoyin; Representative of the Nigerian Communications Commission, Mrs. Toluwalashe Rufai and Executive Secretary, MTN Foundation, Ms. Nonny Ugboma, at the MTN Foundation STSS/SSBS Scholars Alumni Conference in Lagos,.....recently KOLA OLASUPO

Development Manager, Simplified Corporate Logistics, Mr Ismail Lawal; Head, Membership Department, Lagos Chamber of Commerce and Industry, Mr Williams Odah; Chief Executive Officer, Simplified Corporate Logistics, Mr Nduka Udeh;and Head ,Public Relations/Publications, Ehinome Osezua, at thel opening of Simplified Corporate Logistics branch at Ikota Shopping Complex Lekki Ajah, Lagos... recently

A cross section of voters at Umunze, orumba south of Anambra State during the Local Government Congress of independent democrats party....recently

R-L: Senator Representing Lagos Central, Senator Oluremi Tinubu; Chieftains, All Progressives Congress (APC), Chief Mutiu Are, Prince Tajudeen Olusi and former Minister of State, for Defence, Chief Demola Seriki, during the 21st edition of the Lagos central senatorial district Town hall meeting in Lagos...recently KOLA OLASUPO

Managing Director/CEO, Wema Bank Plc, Segun Oloketuyi presenting a cheque to one of the beneficiaries of the bankâ&#x20AC;&#x2122;s Purple Nectar Initiative, at the Children Emergency Ward, LUTH, Lagos..recently DAN UKANA

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

BUSINESSWORLD NIBOR OVERNIGHT 1-MONTH

R A T E S 15.3333 17.0332

3-MONTH 6-MONTH

A S 20.1621 23.1621

A T

NITTY 1-MONTH 2-MONTH 3-MONTH

Group Business Editor ChikaAmanze-Nwachuku Email: chika.amanzenwachukwu@thisdaylive.com 08033294157, 08057161321

M A R C H 13.0970 15.7898 19.6644

6-MONTH 9-MONTH 12-MONTH

3 , 19.5941 21.3470 22.8256

2 0 1 7

EXCHANGE RATE N305.50 US DOLLAR AS AT LAST FRIDAY

Quick Takes ExxonMobil to Buy Eni’s Block

WOMEN OF SUBSTANCE

L-R: Operations Procurement Manager, ExxonMobil Nigeria, Judith Mbonu; Executive Vice Chairman, Famfa Oil Ltd, Mrs. Folorunsho Alakija; Country Director, WEConnect International Nigeria, Shade Ladipo; Global Sustainable Procurement Manager, ExxonMobil, Nancy Swartout, and ExxonMobil Foundation Nigeria Coordinator, Constance Nwokejiobi, at the 2017 Women In Nigeria Exhibition & Conference organised by WeConnect International...recently DAN UKANA

NNPC to Collaborate With IOCs to Boost Oil Production Chineme Okafor in Abuja The Nigerian National Petroleum Corporation (NNPC) has identified key areas of collaboration with the international oil companies (IOCs) in Nigeria to boost oil and gas production in the country. The corporation said in a presentation at the ‘Industry Leaders Panel’ session of the just concluded 2017 edition of the Nigeria Oil and Gas (NOG) conference and exhibition in Abuja that the IOCs needed to continue to collaborate with it to achieve the common goals in the respective Joint Venture agreements they signed with it. The presentation was made by the corporation’s Chief

ENERGY Operating Officer, Gas and Power, Saidu Mohammed, who represented the Group Managing Director of NNPC, Dr. Maikanti Baru at the panel discussion. Baru, however, said while corporate and national ambitions might differ, the NNPC and IOCs could still collaborate to achieve their objectives. He charged the IOCs to team up with the corporation to leverage their joint capacities in energising the country’s upstream production. Baru listed the areas they could collaborate to include contractual model, technology, funding, production growth,

capacity development, cost reduction, environmental protection, corporate social responsibility, security and reserve growth. “Corporate ambitions and national aspirations are different. However, we can maximise mutual benefits through collaboration,” he added. Listing the possible areas of collaboration, he stated: “Contractual model - lessons learnt in existing contractual models such as PSC be applied in improving future contractual relationship between the IOCs and NOC, technology - technological advances made in oil and gas can be extended to benefit other sectors of the economy, funding - collaboration

required to finally exit JV cash calls where IOC used to borrow on behalf of the JVs to fund JV operations.” On production growth, Baru said it would be critical for improving both project and country economics if IOCs collaborate with the NNPC to grow production and reduce cost of production. He also stated that in partnering of capacity development, they could help develop the right human capacity that will guarantee posterity for the companies and Nigeria, adding that such collaboration could also help in cost reduction for exploratory opportunities. Continued on page 22

IOCs Shun Kaduna Airport, to Fly Personnel to Abuja via Minna Ejiofor Alike the country will fly their Chie f Executive officers, expatriat es other essential staff goi ng to Abuja from different locations across the country through Lagos Airport to Minna Ai rport and not Kaduna Airport, THISDAY has learnt. It was gathered tha t the oil workers will be flo wn to Abuja from Minna through helicopters during the six-week closure of the runway at Abuja Airport. Sources within the oil firms told THISDAY that the companies would mai ntain only one flight per day from Port Harcourt, Uyo, Beni

ENERGY n, Calabar, Warri and other loc ations in the Niger Delta to Minn a Airport, via Lagos. THISDAY gathered th at the IOCs took these steps as a precaution aga inst any security breach tha t may arise as a result of travelling by road from Kaduna to Abuj a during the period of the c losure of the Abuja airport. Desp ite the assuran ce by the federal government to provide adequate security f or road users on the Kaduna-Abuja highway, the companies said they would not afford to risk the safety of their workforce by exposing them to dangers of

travelling by road from Kaduna to Abuja. “Apart from acciden ts, which are prevalent on the Kaduna-Abuja highwa y, the road is also a den of kidnappers who target foreigners, top politicians and other high profile personalities. Expatriate oil workers and senior executives of the multinationa ls will be a soft target if expo sed to these kidnappers,” said a Shell source. A source at Chevron also confirmed that the company would fly staff to Abuja through the Minna Airport a nd not Kaduna Airport, during the six-week closure of the Abuja Airport. “No matter the security arrangement put in pl-

ace along the Kaduna-Abuja Hi ghway, there is no way sec urity agents can police every kilometer of the road,” he said. The Deputy General Manager in charge of Media and Public Affairs at the Fren ch oil major, Total, Mr. Charles Ogan also confirmed to THISDA Y during the weekend that hi s company would not fly staff to Abuja through Kaduna Airp ort but through the Minna A irport. “I am not speaking for the other companies. Total uses Bristow and Bristow has routed all Lagos-Abuja Cha rter Flight via Minna Airport d uring the closure. So, all ou Continued on page 22

Exxon Mobil Corp. has agreed to acquire a 25 percent indirect interest in offshore Mozambique’s Area 4 block from Eni. The agreed terms include a cash price of approximately $2.8 billion. The acquisition will be completed following satisfaction of a number of conditions precedent, including clearance from Mozambican and other regulatory authorities. Eni currently holds a 50 percent indirect share in the block through a 71.4 percent stake in Eni East Africa, which owns 70 percent of the Area 4 concession. “This strategic investment will enable ExxonMobil’s LNG leadership and experience to support development of Mozambique’s abundant natural gas resources,” Darren W. Woods, chairman and chief executive officer of ExxonMobil, said. “Our industry-leading project execution, advanced technologies, financial strength and marketing capabilities will help deliver reliable, affordable energy to customers and create long-term economic value for the people of Mozambique, project partners and ExxonMobil shareholders,” he added. Following completion of the transaction, Eni East Africa S.p.A. will be co-owned by Eni (35.7 percent), ExxonMobil (35.7 percent) and CNPC (28.6 percent). The remaining interests in Area 4 are held by Empresa Nacional de Hidrocarbonetos de Mozambique E.P. (ENH, 10 percent), Kogas (10 percent) and Galp Energia (10 percent)

Majors Exit Canada’s Oil Sands

Canadian Prime Minister Justin Trudeau at the weekend dismissed a recent string of major oil companies selling their holdings in the heavy oil sands of Western Canada and moving investments to shale fields. Royal Dutch Shell and Marathon Oil last week disclosed sales of operations that largely removed both firms from the carbon-heavy oil reserves. Shell is selling its interests to Canadian Natural Resources. Last month, Exxon Mobil wrote down all of its oil reserves from its Kearl project in northern Alberta, saying extracting the oil was no longer economic at current prices. “Businesses will make the decisions they make,” Trudeau said. In a wide-ranging media briefing, Trudeau said oil and gas executives are looking for greater clarity on regulations and pricing, arguing that the world is ready for a low-carbon economy. He also said Canada and the United States are working on border issues, including migration and trade. Trudeau said a Canadian consensus on a carbon price to meet international climate change goals shows the nation can move forward on difficult issues.

Volkswagen Pleads Guilty in Court

Volkswagen AG at the weekend pleaded guilty to fraud, obstruction of justice and falsifying statements as part of a $4.3 billion settlement reached with the US Justice Department in January over the automaker’s diesel emissions scandal. It was the first time the company has pleaded guilty to criminal conduct in any court in the world, a company spokesman said, and comes as the automaker strives to put the most expensive ever auto industry scandal behind it. The September 2015 disclosure that VW intentionally cheated on emissions tests for at least six years led to the ouster of its chief executive, damaged the company’s reputation around the world and prompted massive bills. In total, VW has agreed to spend up to $25 billion in the United States to address claims from owners, environmental regulators, states and dealers and offered to buy back about 500,000 polluting U.S. vehicles. Volkswagen’s general counsel Manfred Doess made the plea on its behalf after he said at a hearing in U.S. District Court in Detroit that he was authorized by the company’s board of directors to enter a guilty plea.

Metering is not the only solution to effective billing, as 80 per cent of meters installed are by-passed Managing Director of Ibadan Electricity Distribution Company (IBEDC), Mr. John Donnachie

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

BUSINESSWORLD NNPC TO COLLABORATE WITH IOCS TO BOOST OIL PRODUCTION

He noted that lessons learnt and best practices garnered on how to reduce cost of production significantly could help the industry remain competitive, while environmental pollution in the form of gas flares and oil spills are issues where collaborations are needed for quick mitigation and response. On corporate social responsibility, Baru stated that: “Collaboration will ensure corporate resources available are targeted towards the right social requirements. IOCs need to collaborate further to ensure implementation of initiatives of NAPIMS.” He explained that collaborations on security would ensure that the right to play and operate for both the country and the company were secured, adding that IOCs would need to bring to bear lessons learnt from other operators to have safe operations and help grow the country’s reserves to guarantee her some level of energy security and improve the companies’ market value. IOCS SHUN KADUNA AIRPORT, TO FLY PERSONNEL TO ABUJA VIA MINNA

closure. So, all our staff going to Abuja during this period will go through Lagos to Minna and travel to Abuja by helicopters,” Ogan explained. Bristow Helicopters (Nigeria) Limited had offered to continue to offer its Lagos-Abuja fixedwing charter service via Minna Airport during the closure of the runway at Abuja Airport. According to a statement by the company, Bristow would with effect from March 8 operate a daily flight from Lagos to Minna utilising an Embraer 135 aircraft with 37 seating capacity. At Minna Airport, Bristow will operate a helicopter shuttle service to and from Abuja airport for its customers. Bristow Head of Business Development Mayowa Babatunde had stated that after several safety and operational reviews, the company was pleased with the state of the runway and conditions of the Minna Airport.

Group Business Editor

Chika Amanze-Nwachuku AgriBusiness/Industry Editor

Crusoe Osagie

Comms/e-Business Editor

Emma Okonji

Capital Market Editor

Goddy Egene

Senior Correspondent

Raheem Akingbolu (Advertising) Correspondents

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

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

NEWS

Ibadan Disco Attracts $400m Investment in Metering, Network Upgrade Ejiofor Alike The Ibadan Electricity Distribution Company (IBEDC) has attracted $400million investment from Trans Sahara Consortium that will ensure installation of Smart Metering Programme, infrastructure upgrade within the distribution area of the company, and put a stop to energy theft which is a huge revenue drain in the sector. This was made known in Ibadan on Wednesday by the chairman of IBEDC, Dr. Tunde Ayeni, when he signed a Memorandum of Understanding (MoU) with the Trans Sahara Consortium led by Senator Saminu Turaki. Present at the brief ceremony were Managing Director, IBEDC, Mr. John Donnachie, Deputy Managing Director, John Ayodele, as well as Otunba Tolani Oladipo, Ola Olayeni and other important stakeholders. MoU will lead to a an enormous improvement of our billing process as it would become more efficient , the gains from the investment are huge for IBEDC and ultimately our customer. The new metering system is expected to eliminate mistrust and distrust between IBEDC and consumers. Turaki stated that the investment would at the long run create over 250,000 jobs, though the IBEDC currently have about 3,000 staff. He added that the job creation would be sustainable and “it is in line with the initiative of the current administration of President Muhammadu Buhari and Vice President Yemi Osinbajo to create two million jobs.” Ayeni said: “I am happy to

partner with Trans Sahara Consortium led by Senator Saminu Turaki, who are bringing in technology in partnership with us to install what we called ‘Smart Metering Programme’ within all our distribution coverage areas. “The MoU we signed today (yesterday) will attract an investment of 400million USD to cover both the metering plan and also infrastructure upgrade within our distribution area. It is the first phase of the investment drive that we

have signed with Trans Sahara Consortium. “Beyond signing of this MoU, they will immediately go into action. We have designated an area within our distribution area that will be used as a test sampling so that we can see how the technology works and we can see that it can work within our system. “The technology has been installed in over 32 countries around the world. It is not a new technology, but it is technology that is just coming into Nigeria. Our hands are

open to embrace it so that the mistrust and distrust between Discos and consumers can be a thing of the past. We can monitor your consumption. “It is a full system in the sense that it is a self auditing system that takes control out of the hands of human into machine. You will be sure of what you consume and beyond what you consume, the system will shut down. You cannot bypass the meter. It is full proof system; once you touch it, it shut down

your system. We will ensure strict monitoring and control to ensure that the system is worth the investment. “You cannot steal power any longer. Nigerians should wake up to the reality of whether they are ready to pay for what they consume or those who don’t pay will have no electricity. The system of using people, who paid to cover for a larger people who don’t pay is gone. This industry requires huge investments and it is the consumers that fund the value chain.

A BOOST FOR AGRICULTURE

Governor Aminu Waziri Tambuwal presenting sprayers to beneficiaries during the launching of Fadama III agric scheme in Kurfi Village of Kware LGA of Sokoto State...recently

Tambuwal Flags Off PTDF to Comply With Workers’Benefit Law N1.56bn Fadama III Agric Scheme Governor Aminu Waziri Tambuwal has flagged off Fadama III additional financing for the year 2016/2017 dry season intervention in Sokoto State. The event, which held at Kurfi village of Kware LGA, will cover the 23 local government councils with a combined cost of N1.56 billion. The programme was aimed at distribution of agricultural inputs equipment, agro-chemicals and other farm tools to ninety production clusters comprising 611 production groups across the crops value chain of rice, sorghum and tomato. Speaking at the occasion, Tambuwal said his administration will continue to provide support to the farmers through the provision of subsidised agricultural inputs and equipment. “We are providing enough fertilizer, seedlings, herbicide and pesticide. Similarly, farm implements like water pumps and sprayers will be distributed to farmers at little or no cost to enable them deploy modern farming techniques in their farmlands,” he added. The Governor said govern-

ment will also continue to undertake people-oriented programs aimed at supporting the entrepreneurship drive of the people. According to him, Sokoto government has also gone into various partnerships with both national and international Partners for the conception and implementation of projects and programs that will have direct bearing on the socio-economic life of the people. He expressed appreciation of the state government to the development partners, especially the World Bank, for supporting the state to achieve various development feats. While adding that the World Bank has been providing project grants to the state project office through the National Project Office, Tambuwal urged beneficiary farmers to utilize them for the intended purpose. Earlier in his remarks, the state Commissioner of Agriculture, Umar Nagwari, said the state government has provided necessary support for the implementation of the project in the state.

Chineme Okafor in Abuja

The Petroleum Trust Development Fund (PTDF) has said it would commit to the implementation of the federal government’s Employees’ Compensation Scheme (ECS), which mandates companies in Nigeria to provide for employees who were injured, disabled, or died during the course of their employment. The law, which replaced the Workmen’s Compensation Act, seeks to provide an open and fair system of guaranteed and adequate compensation for employees or their dependants in case of death, injury, disease or disability arising out of or in the course of employment. It applies to all employers and employees in the public and private sectors in Nigeria. However, the PTDF said it would collaborate with the Nigeria Social Insurance Trust Fund (NSITF) to ensure that its compliance with the law was standard. It gave the assurance when top managements of the PTDF and NSITF recently met at the Fund’s corporate headquarters

in Abuja. According to its General Manager, Legal and Secretarial Services, Balarabe Zaharadeen Ahmad, the PTDF was impressed with the manner NSITF had handled its management of the ECS. He noted that Fund had in furtherance of the ECS implementation, made it mandatory that its contractors must submit certificate of compliance to be considered for jobs available for execution. Ahmad said: “Being satisfied with how NSITF has handled the ECS so far, we have listed NSITF compliance certificate as one of the requirements contractors are expected to produce before being considered for contract award. We are now going to push it a step further by enrolling our staff in the scheme.” Also speaking at the meeting, the General Manager in charge of Claims and Compensation at the NSITF, Mr. Steven Bathana, who represented the acting Managing Director of NSITF, Mr. Ismail Agaka, stated that the compensation scheme is

mandatory. He noted that the law which established the social insurance scheme was designed to provide compensation to employees who suffer from occupational diseases, injuries or disabilities sustained from accident at the work place or in the course of employment. According to him, the law was done to also provide compensation to the next-of-kin of an employee who dies at work or in the course of work. Bathana who stressed the importance of employers registering for the ECS, stated that it was a law which every employers of labour in Nigeria must abide with. He noted that two circulars, from the former Secretary to the Federal Government (SGF), Mr. Anyim Pius Anyim and the current SGF, Mr. Babachir Lawal, had mandated all Federal Government Ministries, Departments and Agencies (MDAs) to immediately comply with the ECA. He urged the PTDF to comply with the directive to avoid possible prosecution on grounds of compliance failure.

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

BUSINESSWORLD

ENERGY

Ibadan Disco: Keeping Its Eye on the Ball Despite the sundry challenges that hinder its revenue growth, Ibadan electricity distribution company (IBEDC), which recently announced a monthly revenue loss of $15.2 million, said that notwithstanding, providing stable power and metering all its customers, remain its priority, write Chika Amanze-Nwachuku and Chineme Okafor Ibadan Disco, like other Discos in Nigeria’s troubled electricity industry recently highlighted the plethora of challenges it deals with in distributing electricity to its numerous customers across its franchise distribution network, covering Oyo, Ogun, Osun, Kwara, parts of Ekiti and Niger states. In a presentation made available to THISDAY, the company traced these challenges to three key elements – bad debts, irregularities in the application of cost effective tariff for electricity services in the country and poor generation capacity. The IBEDC noted that alongside 10 other Discos in the power market, the troubles with the power sector have overtime been wrongly placed on them. It said that with repeated narratives wrongfully accusing them (Discos) of being irresponsible in their operations; the reality with the country’s power market has largely been covered from what they truly are. This, it added, has also delayed possible solutions to the challenges. In a recent interactive session with journalists in Ibadan, the Managing Director and Chief Executive, John Donnachie disclosed that the company is unable to account for $15.2 million monthly revenue that should have accrued to it. He linked the huge revenue losses to constant energy theft, bad debts accumulated from unpaid or half-paid services to government’s Ministries, Departments and Agencies (MDAs) and members of the Manufacturers Association of Nigeria (MAN) within its network. Other challenges the company is contending with, according to him, are frequent vandalism of its equipment, forex scarcity and transmission problem. Donnachie said the MDAs have not paid for their energy consumption in past three years, bringing their current indebtedness to the Disco to about N8.2billion. Donnachie said: “The MDAs debts till date are in excess of N8.2 billion, while MAN is still paying the old rate of N26/kwH instead of the new cost reflective tariff of N104.35/ KwH. Also, we have not been able to pass on the forex losses to consumers, so we have a grand revenue shortfall of over N100.14 billion, and we cannot borrow from any bank.” The MD, who put the disco’s registered customers at about 2.4 million, declared that despite the challenges, the company plans to invest between N50 and N60 billion in the next five years to metering all its customers in line with the directive of the Nigerian Electricity Regulatory Commission (NERC). Donnachie, who though noted that metering the consumers is a good idea, noted that accurate billing cannot be achieved through metering alone, as eight in every 10 meters installed are bypassed by energy thieves. He said in most cases, those who indulge in energy theft are not punished, insisting that those who indulge in such illegal acts must be severely sanctioned to serve as deterrent to others. “Metering is not the only solution to effective billing, as for every meter installed, 80 per cent of them are by-passed. What we need is to execute severe sanctions on power thieves and those who vandalise electricity equipment. People are not paying because there are no sanctions.” He explained that notwithstanding these challenges, the disco has not reclined to expectations from it, adding that operational demands such as network infrastructure upgrade and expansion, metering programmes, and optimal customer service delivery schemes have dominated the items in its key performance indicators (KPIs) so far. Why the liquidity crisis in power sector Providing an insight on how the power sector fell into the current financial crisis that is threatening its existence, Ibadan Disco said in its recent presentation that a manifold of interwoven issues contributed to the gap in the market financials. It said: “One of the greatest challenges

Donnachie inhibiting a stable electricity supply in Nigeria is illiquidity. The identified revenue shortfall of the entire electricity value chain is in excess of N1 trillion. “Low generation, bad debts, exchange rates, unrealistic tariff regime, high ATC&C losses and low investment (huge needs) are some of the factors responsible for funding gaps.” Taking the issues one by one, the company explained on low power generation that the 2016 Multi Year Tariff Order (MYTO) of the Nigerian Electricity Regulatory Commission (NERC) forecasted that power generation would be at 44,608 gigawatt hour (Gwh), which is 44 608 000 megawatt hour (Mwh), but actual generation was 22,800Gwh, representing a 49 per cent generation shortfall in the MYTO forecast. The Disco said power generation was for most of 2016 erratic and on downward sloping generation trends, indicating that not enough was generated and transmitted to it to meet the MYTO allowable revenue. In addition, it claimed that collapses in the country’s transmission system managed by the Transmission Company of Nigeria (TCN) contributed to the supplies gap which by implication meant that it could only get N50.4 billion from a projected revenue of N98.8 billion, representing close to 51 per cent revenue gap for it. According to it, frequent outages and poor quality supply aggravated by the TCN network, inability of TCN to channel load to where they are needed, load rejection by customer due to poor quality, and a sort of over optimistic industry forecast, were also responsible for the financial gap from the

generation perspective. It further said on this: “Power delivered to IBEDC for December was 260.83GWh, which is 37.7 per cent below the MYTO 10 year order projection for the month and 14.5 per cent below the forecasted 2017 MYTO projection from the December 2016 minor review. “Imbalance is still not being paid to those Discos who are short but the allegation by TCN that Discos are rejecting load and thus causing some generation to be constrained off continues.” On the sector’s bad debts of which government MDAs have been repeatedly mentioned to be culpable, though the government has asked Discos to submit reports of debt figures owed them, Ibadan stated that the inability of MDAs to settle their debts, and an existing court injunction obtained by MAN restraining the implementation of MYTO 2015 tariff for its members, have also contributed to the financial gap in the market. It was however gathered that the parties are considering out of court settlement of the dispute. IDEDC stated that by the end of 2016, debts to it from these two categories of bad debts was N8.2 billion, with the impact from the MAN court injunction put at N4.7 billion. The Disco said this liquidity squeeze has impacted its ability to settle monthly bills and invoices from the Nigerian Bulk Electricity Trading Plc (NBET) and Market Operator, as well as promptly undertake capital expenditure. “Commercial and industrial customers under the auspices of the MAN, these class of customers have been paying their bills based on the MYTO 2.0 tariff rates, which has negatively impacted its revenues and has

led to higher collection losses for the Discos “They have also stopped paying the fixed component of this old tariff further increasing the gap between what they should be paying and what they currently pay. “This attitude to bill payment is based on the directive issued by MAN to their members among whom Discos have maximum demand customers, premised on the court injunction against increase in tariff and resulting in a drop in revenue generation. High ATC&C losses negatively impact cash flow directly as they are not fully recoupable in the short term,” it lamented. As regards the instability in the country’s macro-economic variables, the Disco explained that the average industry cost for power production has gone up by 47.6 per cent due to foreign exchange differentials. It noted that retail electricity tariff has however remained unchanged albeit that it is not in conformity with the current operational realities. To stay afloat, IBEDC said it had to adopt a creative operational model, which focuses on customer satisfaction, infrastructure upgrade, staff welfare and procurement of alternative power supply source. It said it had to upgrade its customer care centre to ensure prompt response to consumer complaints, improve on the functionalities of its substations, as well as restructure its billing systems to accommodate technological changes. Its staff, it said, were also retrained to imbibe corporate governance practices in their operational responsibilities, while safety and health practices were improved on to zero-in on electricity related accident and deaths from its network. To expand the volume of power available to it to distribute to its customers, the Disco said that it had to embark on processes to procure embedded generation capacities. Though it did not provide details on this, it however explained that such additional generation capacity would improve its power distribution profile and hours of supplies to consumers when in place. Despite its seeming ability to pull through, IBEDC however stated that a comprehensive solution to the market’s challenges remained the only way out of the troubles before it and other operators. It explained that the sector ought to operate as a whole and not in silos, adding that the outcome of uncooperative attitude and practices in the market could further ruin its growth trajectory. It thus offered suggestions that could help the sector overcome its challenges, saying: “The funding gap that is left should be supported by CBN (NEMSF 2) and bond – these will provide liquidity going forward. A properlystructured and effectively-sized NBET Power Sector Bond would cover future shortfalls and allow for sculpting of invoice payments.” “A realistic remittance level based on Discos commercial analysis should be set as it was during the Interim Rules Period. Repayment of MDA debt should be emphasised - while old debt is being reconciled and verified for payment, immediate deduction at source mechanism for bills going forward should be in place. “Misalignment of the value chain must be corrected and government must support NESI financially, by some combination of direct transfer of funds to consumers or producers, fiscal incentives such as tax credits, sovereign guarantee on debt raised by Discos or NBET, additional loans from CBN at single digit interest rate with a moratorium on interest until tariffs genuinely reflect costs, and funds from multilateral agencies,” the Disco added. Donnachie, who stated that the investors did not understand the enormity of the problems before buying the power assets, said despite the sundry challenges, “the sector remains viable if things are done the right way.”

T H I S D AY TUESDAY MARCH 14, 2017

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

BUSINESSWORLD

INDUSTRY

MarketMoni: Inclusive Financial Access for the Vulnerable Nosa Alekhuogie writes that the establishment of MarketMoni, the Government Enterprise and Empowerment Programme by the Muhammadu Buhari administration, is the right step that will reinvigorate the economy Comprising over 37 million businesses, Micro, Small and Medium Enterprises (MSMEs) form a significant chunk of the informal sector, including market women, traders, artisans, enterprising youths and agricultural workers. Nothing better demonstrates this critical role of MSMEs in Nigeria than their whopping N38.7 trillion contribution to Nigeria’s GDP of N94.1 trillion in 2015. However, this sector is still hampered significantly by difficulties accessing affordable credit. According to recent reports on the sector, 85 per cent of MSMEs in Nigeria cite access to affordable credit as a major challenge. Most affected by this uphill battle are women-owned businesses which account for 60 per cent of MSMEs in Nigeria. It is in a bid to address this challenge head-on that the President Muhammadu Buhari-led administration has established MarketMoni - the Government Enterprise and Empowerment Programme (GEEP), a social intervention programme aimed at reinvigorating the economy at the base of the pyramid, the hotbed of Nigeria’s financially vulnerable. Empowering the Vulnerable MarketMoni is a programme unprecedented in Nigeria’s recent history, granting interest-free credit facilities to existing microenterprises of market women and traders, artisans, enterprising youth and agricultural workers. The scheme of the National Social Investment Office is targeted at expanding the scope and scale of economic opportunity for the financially vulnerable. The Federal Government is executing MarketMoni through the Bank of Industry (BOI), a parastatal of the Federal Ministry of Industry, Trade and Investment. The Acting Managing Director of BOI, Waheed Olagunju, at an Abuja stakeholder discussion recently, reiterated MarketMoni as a demonstration of the government’s resolve to accelerate development of Nigeria’s microenterprises. “This Federal Government programme aligns with BOI’s goal of inclusive growth and expanding economic opportunity. Access to affordable funds is a primary challenge of MSMEs, and even more so microenterprises as this segment is least understood. MarketMoni is a direct response to this challenge – granting loans at unprecedented rates that cannot be accessed anywhere else. “The government identifies with Nigerians working hard to keep their businesses afloat, and will continue to extend its assistance through initiatives of this nature,” said Olagunju. The ‘no-interest’ loan scheme is accessible to beneficiaries through their accredited market associations and cooperatives. Upon confirmed membership of accredited market associations, provision of Bank Verification Numbers (BVNs), and assignment of a MarketMoni agent, beneficiaries qualify to obtain loans ranging between N10,000 to N100,000 repayable over 6 months, with a one-time 5% administrative fee to cushion costs. Explaining why MarketMoni is a true intervention and rare opportunity for this critical segment of the Nigerian economy, BOI Executive Director - Microenterprises, Toyin Adeniji, said that MarketMoni “does not carry the usual interest tag that other such facilities would carry. Instead, beneficiaries only pay a one-time five per cent administrative charge which is also spread over 6 months. “So if you are taking a loan of N50,000 for example, you would only pay N52,500 and it spreads over 6 months. If you took a N20,000 loan, you would be paying back N21,000. The beauty is there is no other cost or hidden charges as the case is with most credit available to this segment and which run up interests as high as 48% annualized. MarketMoni is a true intervention.” MarketMoni’s 6-month repayment tenure eases the burden on the beneficiary. The entrepreneur is better able to focus their energies on growing

their business rather than meeting aggressive targets. The loan also comes with a 2-week moratorium prior to commencement of weekly repayments starting on the third week of the life of the loan. For example, a N20,000 loan beneficiary would pay back N875 weekly. A beneficiary who makes a daily contribution therefore pays less than N200 per day, an amount that can easily be set aside while reaping the benefits of significant injection of capital into their business. There is no other loan facility this affordable for the Nigerian at the base of the pyramid. Women and Gender Advantage From the N500 billion budget voted to social intervention programmes for 2016, MarketMoni accounts for N140billion – subject to funding – to target about 1.6 million market women and traders, artisans, enterprising youth and agricultural works over the one-year period. BOI targets women-owned businesses for 60% of MarketMoni. This gender advantage emanates from researched knowledge that difficulty accessing finance is more prevalent among women, and has been a persistent barrier to the comparative participation of women in the micro-economy. Giving an edge to women has become imperative in the light of the multiplicity of roles of women micro-entrepreneurs as breadwinners and home-makers, and more likely participants in microenterprise than big business. A specific targeting of women accelerates the programme’s direct impact on job opportunities at the base of the pyramid, and a consequent reduction in poverty. BOI in the Driver’s Seat At a recent interactive session, Adeniji stressed BOI’s strategic position as a development financial institution with national spread, listing a wide network and structural capacity as core strengths of BOI which necessitated its choice by the government as the implementer of the scheme. “When this product (MarketMoni) was conceptualised, we wanted the most efficient

way to connect with the beneficiaries. BOI was sort of the first choice that the government could work with because it is already an established development financial institution. BOI already had structures that could enable it go to market quickly. “BOI also had the ability to develop and scale more partnerships that deal directly with this hitherto hard-to-reach segment. As a development financial institution, BOI is charged with tackling development in the area of finance. So when we are thinking about development, it’s not just large institutions. Development finance cuts across all scales. So BOI does have the capacity and capability to work across all sectors of the institution. “BOI also has offices in over 20 states in Nigeria, so we have quite a spread. By the end of this year, we will have offices represented in every state. We have come up with the concept of aggregators who work as third-party agents with access to the bottom of the pyramid and our beneficiaries. Aggregators work with clusters of associations, cooperatives or groupings. Through them we reach the customers and scale over time,” said Adeniji. Smart Microfinance Institutions and MicroFinance Banks have recognised the importance of the scheme and keyed in. Adeniji explained that “MarketMoni recognises that MFIs and MFBs are also closer to our beneficiaries. “They have more distribution at the local government level, the ward level and the state level. In addition to aggregators, we also work with MFBs and MFIs. We partner with them. Through them, we are able to extend our reach.” Sustenance of MarketMoni The MarketMoni target of 1.6 million beneficiaries was for 2016 but funding slowed down the roll-out. Adeniji assured that the Federal Government was keen on achieving both its 2016 and 2017 targets. “Last year, we were funded towards the end of the year. Now, we are working on that initial funding that we received – and you can see the impact so far – even with just a pilot component

of funds of that to kick off the programme. In 2017, the budget as we know has been put forward and this time it is moving much faster. “There is an allocation again for the social intervention programme, the total package, with a specific component also for MarketMoni. So, 2017 is going to roll out quickly. We are already disbursing actively in 18 states. The plan of 1.6 million beneficiaries is our baseline. We plan to reach 1.6 million as a minimum because the demand is there. 1.6 million is just what we’ve been charged to do. Our plan is to do more than that with the backing of the government,” Adeniji said. Meanwhile, MarketMoni awareness is gaining ground across the 36 states and FCT. MarketMoni has received entries from 22,421 market associations worth over three million potential beneficiaries across the country, seeking to be vetted and accredited for the programme and expecting to benefit this year. Disbursements have commenced for vetted beneficiaries. Government functionaries, including Vice President Yemi Osinbajo, Minister for Industry, Trade and Investment, Dr. Okechukwu Enelamah, and the Minister of Women Affairs and Social Development, Senator Aisha Alhassan have been touring the country to see to programme implementation as well as sensitise beneficiaries about the programme. According to Adeniji, beneficiaries from across 18 states have benefited from MarketMoni as of the end of January and the program will be present in all states by the end of March. “You have to appreciate the fact that when we reel out these disbursements figures, it doesn’t mean there is no activity in other states. We want a situation where if you pick an association known to us and call them even without us being there, you must get feedback from excited beneficiaries with loans disbursed. “That’s why we are being very careful that we don’t announce we are everywhere. But in actual fact, we are present in every state – registering, onboarding, verifying, working with Continued on page 26

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BUSINESSWORLD

INDUSTRY

H. Pierson: Leading Your Company through Recesion A recession as we all know, is defined as the decline over two or more consecutive quarters, in the market value of the goods and services produced within the country in a given period of time, this being the country’s Gross Domestic Product. Going into a recession for companies often poses serious challenges to corporate leadership, as recessions by this definition, are known to be characterised by tough economic and market conditions which result in operational and financial difficulties to the institution. This could be attributable to factors such as the decline in demand and therefore threats to production orders, sales and resulting profits. Having now experienced several quarters of recession, the leadership of companies in Nigeria must have tried several solutions to keeping earnings and profits from nose-diving. In some cases, the leadership challenge is even tougher and includes keeping the company from collapse. The key issue for leaders of companies therefore, is how to keep their organisations afloat during these challenging periods, and possibly perform well as the economy emerges into more positive territory.

One of the key strategies will include managing what could be called the Cost Minimisation Temptation. Here the natural inclination for leaders is to cut costs to minimal levels, especially through aggressive lay-offs and investment and assets down-sizing. While there may be some logic to this line of thought, the reality is that companies may need to consider doing this more sensibly. This means focusing more on cutting costs that create operational efficiencies while maintaining costs that give them a competitive advantage and the capacity to exploit unique opportunities that emerge as the economy climbs out of the recession. Action points here will involve scrutinising the entire business model for areas that require efficiency enhancements and provide significant costsavings, including organisation, structure, etc. Also included here are areas of duplicated activities and processes that in the past were key, but currently have little relevance or value. The message therefore is to be careful of extreme cost cutting that kills capacity. Also, recessions create new dynamics in the market place, such as shifts in customer needs and buying behaviour.

FG Harps on Standardisation for SME Devt, Economic Diversification Stories by Crusoe Osagie The federal government has stressed the need to deploy standardisation to drive small and medium enterprises (SMEs) towards the goal of diversifying the Nigerian economy. The Minister of Industry, Trade and Investments, Dr. Okechukwu Enelamah, explained that the current economic down turn necessitates the development of various initiatives by various arms of government which include the recovery and growth plan by the ministry aimed at resuscitating collapsed industries, boosting trade, attracting responsible foreign direct investments, development of Micro Small and Medium Enterprises (MSMEs) and patronage for made-in-Nigeria goods. The minister, who was represented by the Permanent Secretary of the ministry, Mr. Aminu Bisallah, at a management retreat organised by the Standards Organisation of Nigeria (SON), added that at a time where global commodity prices are declining, “now is the time to encourage SMEs to produce goods that are exportable to attract the much needed foreign exchange for

the Nigerian economy.” The minister added that the theme of the retreat “Repositioning the SON for optimal performance in a diversified economy” is no doubt very apt, given the diversification drive of the federal government centred on the nation’s potentials outside petroleum. He noted that management retreats generally offer opportunities for critical self-examination through open and creative dialogue, developing new ideas and innovations leading to strategic realignment to drive desired change, saying that this singular move has the potential of securing the voluntary buy-in of the rank and file in the organisation while also ensuring management enthusiastic and effective participation in the implementation of organisational goals. “The role of SON in this regard cannot be over emphasised. You must reinvigorate your strategies in the fight against the influx and distribution of substandard products as part of measures to protect the local industries from unfair competition and re-position them for export to earn the most desired foreign exchange,” he said. He said the most important asset of any organisation is its human

resources upon which other critical success factors depends, saying that this retreat would dwell significantly on strategies for staff training and development, succession planning, career progression and staff motivation among others with the overall aim of entrenching formidable organisational culture off excellence, productivity and selfless service to the nation. He commended the Director General, SON and the entire staff of SON for their commitment and diligence towards carrying the organisation to greater heights and enhanced service delivery to the public, assuring the ministry’s commitment to providing added support and encouragement to achieve the agency’s mandate in the overall interest of the nation and its people. Earlier, the Director General, SON, Mr. Osita Aboloma, said that SON was poised to bring its competencies and expertise to bear in the implementation of the Nigeria Industrial Revolution Plan (NIRP), pointing out that a major outcome of the retreat would therefore be to reposition the SMEs unit to be in the front burner of its efforts at contributing to the effective implementation of the NIRP.

“Closely related to this is the fact that the acting President has already given us a two months ultimatum to galvanise the standardisation of all SMEs in the country,” he said. According to him, another expected outcome of the retreat would be to reposition standardization and quality assurance activities with a view to creating the enabling environment for investments and production of goods and services in the country, saying this would culminate in improving the ease of doing business in the country. “For me as the Chief Executive Officer (CEO), it will avail me with the opportunity for galvanizing and articulating my vision for SON, and to use the forum to secure the buy-in of both management and staff of the organisation. This is the only way the organisation can own the vision for us to pursue and ensure its success together,” he said. Also speaking at the event, the former Director General, SON, Professor John Akanya, said going forward, Nigeria must define, implement its national quality policy and objectives, implement and maintain SON quality policy and promote quality amongst manufacturers and traders.

Expo (NIRAM) would afford exhibitors and visitors to the Nigeria Manufacturing Expo (NME), a rare opportunity of exposure to the entire manufacturing value chain. In his words, “The 2017 NME, incorporating the NIRAM expo, would be one of the most exciting things to happen to the industrial sector. There would be on display, the latest models of

manufacturing equipment, machine tool, technologies, spare parts, manufacturing raw materials and many more.” He noted that the exhibition will also provide opportunities for large and medium size companies to retool their machinery and get information on local sources of raw materials to boost their productivity, reduce cost and time of procurement.

Nigerian Manufacturing Expo to Create New Markets for SMEs The Nigerian Manufacturing and Equipment Expo scheduled to hold on the 14th to 16th of March, 2017, at the Landmark event centre in Lagos, is expected to equip and build capacities of Small and Medium Enterprises (SMEs) with the requisite skills needed to access new markets across the globe. The president, Manufacturers Association of Nigeria (MAN), Mr. Frank Jacobs, during a

press conference to announce the forthcoming exhibition, said the event was principally targeted at Small and Medium Enterprises ( SMEs) to equip them with information on new processes on ways of boosting their production output, reducing cost, improving product quality and manufacturing for new markets. “The maiden edition recorded over 2600 participants

made up of manufacturing experts, diplomatic corps, representatives of government ministries and the likes. The event, no doubt, impacted greatly on the Nigerian economy as attested to by participants across various sectors of the economy,” he said. According to him, the event will attract over 4000 visitors and exhibitors, maintaining

that this target is against its initial projection of 3,700 which would comprise of MAN member-companies and other manufacturers in large and small and medium industries as well as manufacturing equipment distributors from over 120 leading local and international suppliers. He added that the event designed to hold simultaneously with the Nigeria Raw Materials

MARKETMONI: INCLUSIVE FINANCIAL ACCESS FOR THE VULNERABLE stakeholders. It is quite a complex operation. By the end of this quarter, we will be in all the states – with disbursements. It’s a systematic growth and the train is moving.” she said. She expressed government readiness to see beyond the very surmountable challenges as it sets its eyes on the bigger picture. “Regarding the challenges that we face, there are several, but they are surmountable. I think initially one of them was that since MarketMoni is a microcredit and government-sponsored, we have to make it very clear from day one that it is not a national cake; it is a loan. “You qualify for the loan, get the loan and you pay back the loan because there are others who need it as well. If you don’t want it again, there are others queuing behind you for it. It is a loan and so enforcing that is something we have had to be very innovative about. But so far, so good.” The scheme also factors in the challenge of cultural peculiarity of certain sections of Nigeria. “Another interesting challenge we are facing is the standardisation of our access to credit across the different regions and cultures. For instance, we learnt about some women cooperatives in the north that are not publicly accessible but are in dire need of credit. “So you have to access them without being intrusive as they carry out their trade from home. At the end of the day, everybody is entitled to MarketMoni regardless of their makeup” she said. Integrating the under-banked and unbanked “40% Of Nigerians Have Never Had Bank Accounts” was a screaming headline in the

dailies in December, 2016, attributed to the Central Bank of Nigeria (CBN). The Deputy Director, Payment Systems, CBN, Sam Okojere had earlier revealed at a fair hosted in Benin by the CBN for small and medium scale business enterprises the need for MSME owners, especially

microenterprises, to embrace a banking culture, as doing so comes with inherent building of a transaction record, asset tracking, financial safety and economic opportunities from being a “known entity.” To this end, the implementation of the zero-

interest MarketMoni has begun to have a ripple effect on financial inclusion in the nation’s financial sector. Early results of the credit facility show a significant increase in bank accounts opening and BVN enrolment among beneficiaries, especially in rural areas partaking in the scheme.

T H I S D AY TUESDAY MARCH 14, 2017

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

PROPERTY & ENVIRONMENT NIESV Fellows Advised to Deploy Corporate Governance Systems New fellows of the Nigerian Institution of Estate Surveyors and Valuers and those planning to set up have been advised to think carefully about the quality of the system and processes they intend to use from start to avoid possible problems in future, and unexpected expenditure in the life of the business. Bennett Oghifo and Fadekemi Ajakaiye report

here is growing concern about the growing rate of failure in business, particularly among fresh practice of members of the Nigerian Institution of Estate Surveyors and Valuers (NIESV). On account of this, promoters of new firms of estate survey and valuers have been advised to think carefully about the quality of the system and processes they plan to adopt to achieve their set goals. This advice was given by

Mr Gersh Henshaw, the Chairman, Interim National Council on Induction of Fellows, at the 23rd John Wood Ekpenyong Memorial Lecture and Fellow’s Induction in Victoria Island, Lagos, recently. Consideration must be paid to business systems and processes on an on-going basis and not simply when problems start to occur, he said. Henshaw stated that corporate governance systems and processes should be adapted to meet ever changing real estate business needs and requirements. He said for high standards

Gesh Hensaw

of professionalism to be maintained to earn the respect of the clients and the public

at large, the NIESV and ESVARBON need to educate members on the importance

of good corporate governance systems and processes in real estate profession, most especially at this time that Nigeria is undergoing what can be described as technical and economic recession. The chairman, John Wood Ekpenyong Memorial Lecture, Mr Nweke Umezuruike stated that it was right to give honour to whom honour is due in regards to John Wood Ekpenyong and others that followed him deserve to be honoured properly. The president of NIESV, Mr Bolarinde Joshua PatunolaAjayi, in his welcome address

enjoined Fellows to update themselves as well as equip themselves with the latest information and exposure in order to be the best in the world. The late John Wood Ekpenyong was a foundation Fellow of the Nigerian Institution of Estate Surveyors and Valuers. He was also a Fellow of both the Royal Institution of Chartered Surveyors, the Auctioneers and Estate Agents Institute of London. He was elected the first president of the institution, at its inception in 1969 and served in that capacity until 1972.

of the bungalows is N10 million, adding, “There is flexible payment plan and access to mortgage facility. The first batch of subscribers will be moving into the newly competed 21 housing units by June. Facilities in the estate

include well-tarred road network, health care complex, shopping mall, water supply, sewage treatment plants, police station\CCTV, recreational centre, standby 33 KVA power generator for uninterrupted power supply and 24 hours security.”

Goshen Garden City Berths in Benin Bennett Oghifo Benin City, the Edo state capital, is now home to an exquisite development known as Goshen Garden City. The new city being developed by Prucriz Property & Investment Ltd, a real estate development company, is strategically located at Amufi area, off Benin-Agbor Expressway in Ikpoba-Okha Local Government Area. The Garden City is about two and a half kilometres from the NNPC Depot and about two and a half kilometres from Benin Bye-pass. Its location gives it a special ambience for those who desire to live in a serene and secure environment. The property that is modeled after the likes of Victoria Garden City in Lagos, and the well-laid-out Sun City in South Africa, is a good deal for prospective homeowners and investors. Goshen Garden City is designed and rendered as a well-conceived and wellthought-out self-sustaining housing estate for medium to high income groups. The estate sits on 32 hectares of prime land and comprises

200 units of three-bedroom bungalows, and 125 units of five-bedroom duplexes. The residential estate, which is arguably the first of its kind in the South-South region of the country, also has plots for site and services for prospective homeowners who want to build by themselves. The estate has global certificate of occupancy (CofO), and a well-designed layout that was built by a consortium of engineers with proven track record in the building and construction industry. Already, 21 units of the bungalows have been fully completed and ready for occupation, five units are at roofing stage, while 14 units are under construction. The Chief Executive Officer, Prucriz Property & Investment Ltd, Mr. Chris Ebbihi said the first set of residents in the estate would move into the estate in June, stating that, “This is an opportunity we are offering to give you the privilege of living in a serene and secure environment now and in the foreseeable future.” Ebbihi said each unit of the houses is built on 450 sqm of land and that each unit is

Completed buildings in Goshen Garden City, Benin City

expected to have a low fence, apart from the perimeter fence, which would be completed before June when the first set of residents are expected to take possession of their homes. According to him, they are in partnership with Delta Trust Mortgage Bank for

AEAN Holds 2nd Annual Conference Fadekemi Ajakaiye The Association of Estate Agents in Nigeria (AEAN) held its 2nd annual conference in Lagos recently. The conference which was tagged Estate Agency Practice and National Development hosted several delegates and guests from the country. Mr Chudi Ubosi, the Chairman of the Association stated that AEAN is a body being midwifed and launched by the Nigerian Institution of Estate Surveyors and Valuers (NIESV) in other to sanitize the

real estate sector of the Nigerian economy and develop the estate agency into respectable professional practice in the country by training and retraining members of the association. He stated that the theme of this year’s conference is intended to reveal the correlation between Estate Agency Practice and National Development as the Real Estate sector offers a great potential source of growth for Nigeria. Mr Gbenga Olaniyan, one of the speakers at the event emphasised on the prospects and challenges of Estate Agency practice in the country.

Olaniyan emphasised on the fallen rent; increase in empty properties as a result of rent default; mis-representation by professional colleagues and also the hurdles of land grabbers(Omo-onile). He stated that proper personal presentation, detailed website and employing the Real Estate Investment Trust (REITs) will help proffer a solution to estate agency issues in Nigeria. Another speaker, Barr Hakeem Ogunniran discussed the impacts of agents in the sector. He described real estate agents as catalysts.

the funding of the project, and that there would be mortgage facility for those who want to facilitate their purchases through mortgage arrangement, adding that there was also an arrangement for payment by installment. He said the cost of a unit

Oshin Descendants Appeal to Ogun on Activities of Land Speculators Oshin Descendant family has appealed to Ogun State government to as a matter of urgency, intervene in the brewing crisis in Oshinboyede Town, a community on Ogijo axis of the state, as a result of the activities of land speculators, who have continued to wreak havoc on the community. The family made the appeal during a press conference in Ikorodu where they accused a factional community leader, in connivance with a retired police DIG, of terrorising the

community with armed thugs. According to the family’s spokesman, Chief Olajide Oke Rosogun, the retired DIG had through a proxy, invaded the community on January 6, 2017 between 12:30am and 3:am, and arrested the head of Oshin Descendant family, Prince Ganiu Olowofela Adeniyi and two others. “That same day, as early as 6:am, the community was invaded by armed thugs, who took over their farmlands. Some of these armed thugs were arrested on

Monday, January 9. Surprisingly, the retired DIG secured their release with his influence.” The family head, Adeniyi and Baale of the community, Chief Sikiru Okeowo Rosogun, who corroborated the claims, said the community was being tormented by the accused and his cohorts, who they alleged have turned to land speculators. Attempts to reach the factional leader on phone were unsuccessful, but one of the accused denied causing unrest in the community.

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

PROPERTY & ENVIRONMENT

‘Lagos is not Charging for Use of Water’ Fadekemi Ajakaiye The Lagos State Government has restated that it has not introduced charges for the consumption of water from boreholes neither has it criminalised the sinking of boreholes. The Commissioner for the Environment, Dr. Babatunde Adejare made the disclosure while answering questions from the media in his office recently. Adejare, who seized the opportunity to clarify the position of Lagos State Government on the sinking of boreholes and on water charges, stated that the environment protection and management law recently signed by His Excellency, Mr. Akinwunmi Ambode, the Governor of Lagos State would not in any way prevent people’s access to good and potable water. For commercial users of borehole, the Environment Commissioner stressed that some measure of control and charges were applicable as water is a resource that must be protected. He said that the requirement for permit should not be misconstrued for indiscriminate charges as registration of all boreholes in the state was necessary for government to have an inventory of sources and quality of water used by the people in the state and track sources of pollution of the underground water. “The essence of obtaining permit is not pecuniary but to create and enhance a database of boreholes, ascertain quality of water being consumed

by Lagosians and track the sources of underground water pollution. “Without a doubt, water is a resource that ought to be protected and this is why the government recognizes the need to minimize the pollution of the underground water by controlling indiscriminate sinking of boreholes which is a factor contributing to such pollution,” he maintained. According to him no responsible government would fold its arms and allow uncontrolled pollution of the underground water through indiscriminate sinking of boreholes as boreholes are windows into the aquifer. “By controlling the sinking of boreholes, we would have done a lot to curtail the outbreak of water borne diseases” he stressed. He stated further that the law on water charges was not an introduction of the new law signed by Governor Akinwunmi Ambode as it had been in existence since 2004 to control indiscriminate sinking of boreholes, adding that the law was not meant to encumber the people. Adejare who defined commercial usage of borehole as the consumption of minimum of 50 drums per day, stressed that no individual or household could use 50 drums in a day, except for commercial purpose, adding that only commercial users such as Soft drink manufacturers, Water production plant will be asked to pay. The Commissioner stressed that without a doubt, the Lagos State Government was not antipeople as it is always out to

Environmental Health Officers Impound Adulterated Vegetable Oil Bennett Oghifo Environmental Health Officers on routine inspections in Kubwa, Abuja, recently, impounded over 1000 containers of vegetable oil believed to be adulterated. The Head of Department, Environmental Health, Bwari Area Council, Mr. Haruna Labaran, while giving an account of the incident that led to the discovery, stated that Bwari Area Council had mandated their consultant, Chumac Consultant to monitor and observe the activities of the people involved in the repackaging of the products. Labaran said they were apprehended where they were washing the 25 litres jerry cans containing the vegetable oil and re-labelling the products. He said court order was quickly sought to seal-off the shop C5 at Nymex plaza, Gado Nasko road Kubwa, Abuja where the product was discovered. A statement by the officials said, the keys to the shop were handed over to an official of NAFDAC, Mrs Anyakora Clementina Mrs Anyakora Clementina by the Chairman, Bwari Area Council, Mr. Musa Diko. According to Mrs Anyakora, they had been on their trail

since they heard about the activities of the merchants, and promised that NAFDAC would investigate the incident to determine the source of the product. She commended the Environmental Health Officers, adding that NAFDAC would encourage further collaboration with the officers. The NAFDAC official, however, assured members of the public that “we will do the needful, NAFDAC being the Agency mandated to safeguard the health of the people, we will continue to do all that we need to do to ensure that all that is put out for our people to consume are of good quality and safe for consumption.” A former Registrar of the Environmental Health Officers Registration Council of Nigeria (EHORECON), Mr Augustine Ebisike, condemned the unwholesome practice, saying the reason NAFDAC was invited was because the issue was multi-dimensional and therefore should be holistically looked into. Ebisike said if the person involved was found culpable, necessary punishment should be meted out to serve as deterrent to others who may want to commit the same offence in future.

protect the interest of the people and also carries them along by running inclusive governance. Meanwhile, the Lagos state Government has commenced the move to re- orientate members of the Kick Against Indiscipline brigades to meet the demands of the on-going waste management reforms in Lagos State, also called the Cleaner Lagos Initiative. During a reorientation

meeting in Alausa, recently, the Commissioner for the Environment urged members of the brigade to brace up for the unfolding change as dictated by the waste management reforms in the State. To fit into the envisaged enforcement role, Adejare hinted that the Brigade would be renamed, rebranded and retooled to meet the demand of enforcing compliance of

environmental laws in the Lagos megacity. He urged members of the KAI Brigade to be up and doing so as to fit in to the new roles which they would soon assume, stressing there was need to maintain discipline, mental and physical fitness as well integrity as they are the representatives of the state government. He enjoined them to

familiarize themselves with their rules of engagement by getting more acquainted with the civil service rules. He stated that the state government would soon sign into law the harmonised environmental bill passed by the state house of assembly to provide for the management, protection and sustainable development of the environment in Lagos State.

L-R: Commissioner for the Environment, Dr. Babatunde Adejare; Deputy Governor, Dr. Mrs. Idiat Adebule; Lagos State Governor, Mr. Akinwunmi Ambode; and the Chairman, House of Assembly Committee on the Environment, Hon. Saka Fafunmi, during the signing into law of the harmonised Lagos State Environment Law, at the Lagos House, Alausa... recently

Lagos: An Emerging Mega City or Mega Slum? Udo Okonjo The recent symposium hosted by the Prof. Pat Utomi-led Centre for Values in Leadership which focused on “the challenges of Africa’s future cities” was both timely and relevant. As a panelist amongst other distinguished speakers at the symposium, it was a privilege to share Fine and Country’s perspective, drawing both from our practical market experience, combined with the invaluable lessons shared by the keynote speaker, Sir Paul Collier, an Oxford University Professor and Director of African Development Studies along with great insight provided by the Lagos State Governor, Mr. Akinwunmi Ambode who, provided us a visionary roadmap for the future of Lagos our host city. Urbanisation is a Key Driver of Economic Prosperity. There’s no doubt that urbanisation is a key driver for economic development and prosperity. There are however challenges and opportunities in the rapid growth of African cities, including Lagos, which remains one of the fastest growing cities in Africa. Indeed, Lagos has been indicated among the 100 Resilient cities of the world, and while Megacities are described as cities with more than 10million people, Lagos with an excess of 20 million could, therefore, be a mega city, which is rapidly developing under the keen and watchful eyes of investors.

Key Challenges: A few key challenges that any fast growing city has to contend with as agreed by all experts include the following: * Inclusive growth - Urban cities have a responsibility to focus on realising the potential of these cities as inclusive and resilient centres of economic growth and job creation. As indicated by Dr Taibat Lawanson from the University of Lagos, who spoke passionately about the need to recognise that Megacities have at their core the critical but often ignored question: “Who are we building the cities for? * Infrastructure deficit- This is an obvious area that also presents an opportunity for forward thinking governments to partner with the private sector to deliver world class infrastructure ranging from transportation, power, sanitation/waste management to softer infrastructure including health/medical, educational and recreational facilities. Population growth typically outpaces the infrastructure growth which often needs to be addressed against the backdrop of limited or dwindling revenues. * Informal Settlements and unregulated urban growth especially in young cities. This is in clear evidence all around Lagos and constitutes a threat for both the settlers and residents. The above challenges raise even more long term issues of social and environmental risks. Opportunities, however,

exist and include: * Creatively harnessing widespread informality and youth populations to address some of the unemployment gaps. The youth population is seen as an opportunity which can be realised with a deliberate plan covering good education, vocational, and technical training. * Adopting emerging models of public-private partnerships to help fill infrastructure gaps. * The real target and challenge is that we build cities without slums, addressing a significant social and environmental hazard. * It’s also important to opt for lower environmental risk options while integrating citizens well-being into planning when developing these cities so that the future is not sacrificed on the alter of Mega designs and developments. * In light of the growing youth population and the changing lifestyle, millennial housing requirements need to be considered against our old housing development policies. The zoning of low density versus high-density housing to accommodate individuals now living alone no for much longer needs to be considered. * Opportunities also exist in the areas of strengthening our titling system along with ensuring we create marketable titles. This is the bedrock of creating wealth through real estate as an asset class. Adopting a Winning Strategy... According to a KPMG report, African’s cities are

fast emerging as centres of entrepreneurship, innovation, creativity and invention. As highlighted above, this presents a clear opportunity but also a major challenge to the key stakeholders to be proactive in tackling the current needs while being visionary about building the future. The miracle cure as defined aptly by Professor Collier lies in a combination of the national government along with state governments who must develop enabling policies, strong institutions, well-resourced and accountable administrative systems while working closely with well-informed and engaged citizens. We have a clear case study in Rwanda which emerged from war to become a reference point in economic development using these strategies. This, in my opinion, is the winning strategy to tap the true potential of Lagos and other emerging Nigerian cities. Fortunately, going by Governor Ambode’s presentation, it appears that ‘Lagos is working’ towards creating a template that other states can borrow from. It appears Enugu and Anambra State is already borrowing a leaf. The future of Nigerian future cities may well appear bright if we follow through with continuity in governance. Udo Okonjo, LL.M (Lond) CEO/Vice Chair Fine and Country W.A. A member of the Oxford Real Estate Society

T H I S D AY •TUESDAY, MARCH 14, 2017

BUSINESS/MONEYGUIDE

Extend BVN Policy to Microfinance Banks, Adeosun Tells CBN Ndubuisi Francis in Abuja The Minister of Finance, Mrs. Kemi Adeosun, has solicited the cooperation of the Central Bank of Nigeria (CBN) in extending the Bank Verification Number (BVN) regime to account holders in microfinance banks (MFBs). Adeosun said this would facilitate the detection of accounts, which might have been opened and operated in such banks for ghost workers by fraudulent syndicates. The minister, who sought the cooperation of the CBN in that regard via a correspondence addressed to the Governor of the Central Bank of Nigeria, Mr. Godwin Emefiele, said that the introduction of the BVN by the CBN had contributed

immensely in improving the integrity of the federal government payroll on which more than 50, 000 ghost workers were detected and removed. A statement issued by the Director (Information), Mr. Salisu Na’inna Dambatta said Adeosun revealed that operating bank accounts in microfinance banks without requirement for BVN has left a huge loophole which individuals, intent on financial crimes, could use to hide and launder proceeds of crime and successfully escape detection by law enforcement agencies. “Our on-going efforts to verify the integrity of federal government personnel costs and purge the system of fraud and error has made extensive use of the Bank Verification Number as a

means of identifying recipients of multiple salaries, and salaries paid into accounts with names that differ to those held on our payroll records. “The success of this effort has to date yielded the removal of over 50,000 payroll entries,” the minister emphasised. She referred the CBN Governor to the discovery that, prior to the deadline for obtaining the BVN, the movement of a large number of salary accounts of federal employees from commercial banks to microfinance banks, was observed. “This is a suspicious activity and we have already commenced a review of such cases to identify and investigate any cases of fraud,” the minister explained.

CIBN Set to Host World Conference of Banking Institutes The Chartered Institute of Bankers of Nigeria (CIBN) yesterday said it is set to host the 22nd World Conference of Banking Institutes (WCBI) scheduled for April 24th – 28th, 2017, in Lagos. The theme of the conference is: “Re-Thinking the Future of Banking and Finance and Life Long Learning.” Briefing journalists ahead of the conference yesterday, the President/Chairman of Council, CIBN, Prof. Segun Ajibola, said the institute won the rights to host the conference in April, 2015. The biennial conference is a forum that brings together professionals from the financial services industry and other stakeholders engaged in banking, education and training. The objectives of the conference among other things include: to review and keep abreast of changes in the domestic and global financial systems; to underscore the crucial role played by the banking & financial services sector in the global economy; and to explore management issues in the

financial services sector and its impact on national and global economies. “The 22nd edition to be hosted by the CIBN in Lagos promises to be intellectually enriching and impactful. To this end, a handful of senior industry leaders, innovators, distinguished thought leaders from the private and public sectors across the globe will be participating at the conference to discuss pressing issues facing the financial industry and to share ideas on how to move the banking and finance industry to greater heights. “In addition, the platform of the conference will be used to launch the Global Banking Standards Board (GBEStB). It is instructive to mention that this is the very first time such a body would be launched in the world. “This body would be responsible for developing and promoting global education standards for the banking industry. “The prospectus of the body would be unveiled during the Lagos conference. Over 21 countries have signified their

commitment to be “founding members” of the board and will all be present at the inauguration of the board in Lagos. This is a landmark event and it is a big honour that it is happening in Nigeria. “The hosting of this conference in Nigeria at this very point in time is indeed very timely and auspicious considering the fact that our country Nigeria is in search of viable alternatives towards repositioning the Nigerian economy,, we want to reflate our economy and attract investments into the country. This conference will provide a veritable platform for us as a nation to showcase to the entire world our rich cultural heritage and investment potentials. We are expecting over 750 participants from all the continents of the world and we have started receiving confirmation of attendance in this regards’’, the CIBN boss stated. He also revealed that Governor of Lagos State, Mr. Akinwunmi Ambode had adopted the conference as part of the state’s activities to celebrate the 50 years anniversary of the creation of Lagos.

FCMB Women Empowers Young Girls In line with its commitment to continually impact lives in communities and to mark this year’s International Women’s Day, First City Monument Bank FCMB Women recently sponsored and graduated a batch of young secondary school leavers in a 3-month intensive skills acquisition and basic business management training programme. The initiative was to empower them with entrepreneurial and employability skills. Among other objectives was the desire to lay a solid but early foundation to change the fortunes of the youths who benefited from the ‘girl child’ empowerment project. According to a statement from the bank, the youth empowerment and employability training programme sponsored

by FCMB Women was in collaboration with Jakin N.G.O, a highly renowned organisation, with an overall aim of solving some of the challenges faced by underprivileged youth. The batch made up of ten young secondary school leavers from rural communities in Lagos within the age range of 16 and 21 years under-went training in computer application skills, business management and planning, book keeping, work ethics, time management, bead and soap making, among others. The Divisional Head, Corporate Services Division, First City Monument Bank (FCMB), Miss Felicia Obozuwa said, FCMB Women were passionate about empowering children especially the less privileged to fulfil their dreams. “This is our little way of

helping to ensure that vulnerable girls who have just finished secondary school, are not idle, but given the basic training and exposure, required to give them a head start for a bright future,” she added. Executed through the Fresh Foundation program, “the initiative is run with the objective to empower youths with entrepreneurship and employability skills,” the Founder of Jakin NGO, Mrs. Bukky Adebiyi said. One of the beneficiaries of the training program, Miss Blessing Ogbansiegbe, who was the best graduating beneficiary and won in addition, a three-month internship with the bank thanked FCMB Women immensely for the opportunity she got to partake in the programme.

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

DECEMBER 2016 Broad Money (M2)

23,840,392.42

-- Narrow Money (M1)

11,520,166.67

---- Currency Outside Banks

1,820,415.90

---- Demand Deposits

9,699,750.76

-- Quasi Money

12,320,225.75

Net Foreign Assets (NFA)

9,353,504.03

Net Domestic Assets(NDA)

14,486,888.39

-- Net Domestic Credit (NDC)

26,774,684.47

---- Credit to Government (Net)

4,595,579.89

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

7,436,917.79

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

-2,841,337.90

---- Credit to Private Sector (CPS)

22,374,718.08

--Other Assets Net

-12,483,409.58

Reserve Money (Base Money)

5,837,322.41

--Currency in Circulation

2,179,174.28

--Banks Reserves

3,318,344.71 • Source - CBN

MANAGED FUNDS Initial Price (N) Stanbic Balanced Fund

Buying Price(N)

Selling Price

1,660.29

1,685.29

Stanbic IBTC NEF

1,000.00

11,002.32

11,326.67.11

Stanbic SIBond

120.47

Stanbic IBTC Ethical

1.10

1.13

Stanbic IBTC GIF

142.90

143.38

UBA Balanced Fund

1.2563

1.2493

UBA Bond Fund

1.3443

UBA Equity Fund

0.8205

0.8074

UBA Money Market Fund

1.1510

ARM Aggressive Growth Fund

N13.0544

N13.4480

ARM Discovery Fund

N288.2515

N296.9425

ARM Ethical Fund

N22.5268

N23.2060

ARM Money Market Fund

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

OPEC DAILY BASKET PRICE AS AT FRIDAY 10, MARCH 2017 The price of OPEC basket of thirteen crudes stood at $49.81 a barrel on Friday, compared with $50.82 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).

T H I S D AY •TUESDAY, MARCH 14, 2017

MARKET NEWS

Trading Resumes at Stock Market Negatively on Profit Taking Goddy Egene and Nosa Alekhuogie Trading at the stock market resumed yesterday on a negative note as the Nigerian Stock Exchange (NSE) All-Share Index (ASI) declined by 0.40 per cent to close at 25,136.63. Also, the volume and value of trading fell by 72 per cent and 47 per cent respectively. The market had recorded a

positive performance last week on renewed investor optimism over more improved results for the 2016 financial year. However, price adjustment for dividend payment, profit taking and price losses by some high capitalised equities depressed the market yesterday. Although there were 12 price losers and 12 gainers, the presence of Dangote Cement Plc among the price losers contributed to

the negative close. Forte Oil Plc led the price losers, falling by 4.9 per cent to close at N49.09 per share, trailed by Livestock Feeds Plc and NEM Insurance Plc with a decline of 4.4 per cent apiece. Sterling Bank Plc fell by 4.1 per cent, while AIICO Insurance Plc and Mobil Oil Nigeria Plc depreciated by 1.7 per cent. Stanbic IBTC Holdings Plc and Oando Plc shed 1.5 per

cent each, just as Transcorp Plc, FCMB Group Plc, Dangote Cement Plc and Vitafoam Nigeria Plc declined by 1.3 per cent, 0.8 per cent, 0.6 per cent and 0.5 per cent in that order. On the positive side, United Capital Plc led the price gainers’ table with 6.2 per cent trailed by Union Bank of Nigeria Plc with 4.9 per cent. Ecobank Transnational Incorporated and AXA Mansard Insurance

Plc chalked up 4.6 each, just as UAC of Nigeria Plc and African Prudential Registrars Plc garnered 4.0 per cent and 3.9 per cent respectively among others. In terms of sectoral performance, three sectoral indices fell while two appreciated. The NSE Banking Index led with 1.0 per cent decline, followed by the NSE Oil & Gas Index, which fell by 0.6 per cent.

Dangote Cement dragged the NSE Industrial Index 0.3 per cent lower. On the other hand, the NSE Insurance Index gained 0.4 per cent, while the NSE Consumer Index rose by 0.1 per cent. Analysts at Afrinvest said: “We believe today’s negative close may extend to tomorrow(today) as investors take profit, especially on the stocks that rallied last week.

DAILY STOCK MARKET REPORT T H E

N I G E R I A N

STO C K

E XC H A N G E

T H I S D AY TUESDAY MARCH 14, 2017

INTERNATIONAL

email:foreigndesk@thisdaylive.com

New Ferguson Video Casting Doubt on ‘Robbery’ Sparks Protests A newly disclosed surveillance video from the hours before a black man’s death in Ferguson at the hands of police has triggered fresh protests. A filmmaker has released the footage which he says shows Michael Brown did not rob a shop, as police claimed, but instead exchanged marijuana for cigars. He says it contradicts video released by police showing Brown threatening the shopkeeper as he walks out with cigars. The 18-year-old was moments later shot dead by a police officer. However, the convenience store maintains it was a robbery. Policeman Darren Wilson was cleared of wrongdoing by investigators but the teenager ’s death in Ferguson, Missouri, led to violent protests and a national debate about lethal police force against African Americans. On Sunday night, 100 people gathered outside the shop after news emerged of the new video.

The previously unreported footage shows Brown entering the Ferguson Market and Liquor around 01:00 on the day of his death. He approaches the counter and hands over an item that appears to be a brown bag, and in exchange takes a shopping bag filled with cigars. After walking towards the door, he then turns around and returns the cigars to the counter before leaving. Jason Pollock, the filmmaker releasing the tape as part of his documentary Stranger Fruit, says it proves that Brown had not been committing a strong-arm robbery when he returned to that store around noon later in the day. In that encounter, he is seen shoving store owner Andy Patel before leaving with the cigars. Video of Brown appearing to rob the shop was released by police to support their claim that he was stopped by police

because he was a suspect. Mr Pollock’s film claims that the marijuana was exchanged as part of a pre-negotiated deal, and that Brown had then decided to leave the cigars behind the shop counter for safekeeping. “They destroyed Michael’s character with the tape, and they didn’t show us what actually happened,” Mr Pollock told the New York Times. “There was some type of exchange, for one thing, for another,” says Lesley McSpadden, Brown’s mother, in the new film, which is debuting at the South by Southwest festival in Austin. Jay Kanzler, a lawyer for the convenience shop, said they would release more footage to prove it was a robbery. “There was no understanding. No agreement. Those folks didn’t sell him cigarillos for pot. The reason he gave it back is he was walking out the door with unpaid merchandise and they wanted it back.”

TUESDAY MARCH 14, 2017 • T H I S D AY

NEWSEXTRA

Malabu Oil Applies to Join Suit to Set aside Order Forfeiting OPL 245 to FG Tobi Soniyi Ruling on two separate applications filed by Shell Oil Exploration Nigeria Ltd and AGIP Oil seeking to set aside the order made by the Federal High Court Abuja on January 26, 2017, which granted temporary forfeiture of the Oil Prospective Licence (OPL 245) block to the federal government was yesterday stalled. The ruling could not go on because of three fresh applications filed by Malabu Oil and Gas Limited seeking to be joined in the matter, as well as for an opportunity to be a party in the already heard applications filed by Shell and AGIP Counsel to the company, Abdullahi Haruna, told the trial judge, Justice John Tsoho, that the applications had been served on parties and that they had all responded accordingly. Haruna also told the court that the joinder application was aimed at reopening hearing to accommodate Malabu Oil on the applications made by Shell and AGIP, adding that the purpose “is to join us as respondents.” In his reaction to the applications, AGIP’s lawyer Babatunde Fagbohunlu (SAN) and Muyiwa Balogun representing Shell, all opposed the application and urged the court to dismiss them summarily. Opposing the application, AGIP said “it was frivolous and I urge court to dismiss it summarily from the bench.” Fagbohunlu (SAN) argued that “when a court hears a matter and adjourns for ruling, party(ies) cannot pull back the hands of the clock.” On its part, Shell’s lawyer, Balogun reminded the court that at the last adjourned date being February 27, “counsel to Malabu Oil drew the attention of the court to his applications that were yet to be filed and served” but that the court ruled that the proposed applications “should be in abeyance. “By this applications, Malabu Oil is asking the court to sit on appeal over its own ruling” the Shell lawyer said even as he asked the court to dismiss the applications summarily. Counsel to the Economic and Financial Crimes Commission (EFCC), Johnson Ojogbane, did not file any application but rather

left the issue for the court to decide. “We did not file any application in respect of the application filed by Malabu Oil, the decision of the court will determine whether or not we will join issues with them,” the EFCC lawyer said. However, Haruna, pursuant to Order 27 Rule 6 of the Federal High Court Rules filed what he described as “innocuous application” by way of motion on notice introducing a further affidavit (criminal charge filed against the applicants) by the federal government before Justice Ahmed Mohammed of the Federal High Court Abuja. Ruling, Justice Tsoho granted leave and deemed the further affidavit as properly filed. Though Shell and AGIP had told the court not to accord any probate value to the further affidavit (criminal charge) because it was not yet filed when their applications were argued and date fixed for ruling. However, after taking submissions of counsel, Justice Tsoho, who expressed dismay over the applications but said that even though Malabu’s application was irritating, however “in the interest of fair hearing, an application before a court must be heard.” Consequently, the court adjourned ruling on Malabu’s application to March 17. The court was to rule yesterday on the applications filed by AGIP and Shell seeking to discharge the order of the court made on January 26 2017. SHELL and AGIP had told the court that Oil Prospective Licence (OPL 245) was an oil bloc that was validly allocated to them. They insisted that the ex parte order asking them to forfeit OPL 245 to the federal government was unconstitutional and illegal. According to the two oil exploration companies, the EFCC should have put them on notice in the interest of fair hearing rather than securing an ex parte order. They argued that the EFCC could not say the order was to preserve the res (subject matter OPL 245) when in fact, the oil bloc was there and nothing was being done to tamper with it pending the determination of the matter. But in a counter argument, EFCC said it derived its power to seek

NSA Restricts Helicopter Shuttle during Abuja Airport Closure Says travellers should travel by road or rail between Kaduna and Abuja The Office of the National Security Adviser (ONSA) has reminded aviation authorities of the restriction of helicopter ferry flight over Abuja metropolis for security reasons. The reminder which was issued to regulatory stakeholders through a memo titled “Restriction of Helicopter Ferry Flights Over Abuja Metropolis” stated that: “In view of the closure of the (Abuja) airport, air travellers will be required to travel by road/ train to Abuja from Kaduna International Airport. This will undoubtedly cause constraints on the movement of some passengers who will aim to travel using

other means, notably the use of commercial ferry helicopters. “Please be reminded that the airspace over the Federal Capital Territory Abuja is controlled and only security flights or those with the requisite security clearance from the Presidency are granted overhead clearance for obvious security reasons. Consequently, you are to note and ensure that no charter or commercial helicopter ferry flights are allowed to fly within Abuja airspace.” A top security intelligence officer according tp PRNigeria said the reminder was issued to agencies of the existing “no fly zone.” Any helicopter flight must seek for security clearance.

for the temporary possession of the licence from Section 44 of the 1999 Constitution of the Federal Republic of Nigeria as amended. The anti graft agency insisted that the application and order it secured “did not offend the constitution in anyway.” The EFCC maintained that it was

wrong for the applicants to say that the matter be dismissed, pointing out that, “this is not a civil case to say that the EFCC should have come by way of motion on notice.” “OPL 245 is a subject of criminal investigation and prosecution before this court. There is a criminal charge

pending before Justice Ahmed Mohammed of the Federal High Court. “Activities surrounding OPL 245 is criminal; so, it is not just preserving the res (subject matter). “It will be a serious disservice not only to the FG but Nigerians. We are filing a criminal charge

against individuals and companies involved. “We are stopping criminality from progressing in Nigeria and therefore insisted that the applications lacked merit.” Consequently, the commission asked the court to rule that the order of January 26 was in order.

CONDOLENCE VISIT

L-R: Wife of first former military Head of State, Mrs. Victoria Nwanyiocha Aguiyi -Ironsi; Widow, Mrs. Modupe Adebayo; and former Governor of Ekiti State and son the deceased, Niyi Adebayo, during a condolence visit to the family of the late Major Gen. Adeyinka Adebayo by Mrs. Aguiyi-Ironsi in Lagos....yesterday Etop Ukutt

NNPC Blames National Assembly for Indecisions on LNG Investments Chineme Okafor in Abuja The Nigerian National Petroleum Corporation (NNPC) yesterday said the National Assembly had been largely responsible for the failure of the government and International Oil Companies (IOCs) to take definite investment decisions on identified Liquefied Natural Gas (LNG) projects in the country. The LNG projects in the country so far awaiting investment decisions include the Bonny NLNG Train 7, Brass LNG, and Olokola LNG. According to a statement from the NNPC, its Group Managing Director, Dr. Maikanti Baru, stated in a television show that the failure of the legislators to pass the Petroleum Industry Bill (PIB) into law, as well

as its plan to amend the Nigeria Liquefied Natural Gas (NLNG) Act had created some air of uncertainty around the LNG industry in Nigeria. The statement was signed by NNPC’s Group General Manager, Public Affairs, Ndu Ughamadu, and made available to THISDAY in Abuja, Baru said it that these two issues had dampened the optimism of investors in the country’s LNG industry. “The review of the NLNG Act by the National Assembly is causing a challenge for the federal government and the IOCs and it is sending wrong signals to the international community about how business is done in the country,”

Baru stated. He added however that the NLNG market was growing at a tremendous rate, disclosing that between now and 2030, it is projected that the market would grow by 65 per cent. He also said the federal government would do everything to take advantage of this opportunity. According to him, the government would work hard to see to the take-off of Bonny NLNG Train 7 and the Brass LNG in the months ahead, after which the Olokola LNG would come on board if the fundamentals were strong. He stated that the NNPC was refocusing on the Brass LNG

and rebuilding the confidence of investors on the project after the exit of Conocophillips a few years ago, adding that Nigerians and the federal government would gain a lot from the project in terms of taxes, royalties and profits. Baru said “When the project comes on stream, it would create massive employment opportunities for Nigerians. “We are refocusing on Brass LNG and rebuilding the confidence of the IOCs in the project. It has a lot to do for Nigerians as it will create employment opportunities and create more revenue opportunities for the federal government. We will continue to put the right enablers in place for the project to go on,” he said.

NBC Extends Deadline for Broadcast Stations to Pay Their Fees to March 31 Threatens to revoke licences of 54 stations Olawale Ajimotokan in Abuja The National Broadcasting Commission (NBC) yesterday extended the deadline for 54 broadcast stations to pay their broadcast fees to March 31 or have their licences revoked. At a media briefing yesterday, the Director General of the commission, Is-haq Modibbo, said the order to the affected stations to pay their debts totalling N5billion was given after proper consultations. He warned that after the grace period, the commission would not

To commence digital switch over for Delta, Gombe

hesitate to close down the stations which refuse to renew their licence fees plus other obligations. Two weeks ago, at a stakeholders’ conference, NBC admonished the 54 licensed broadcast stations of the consequences of not paying their fees within 60-day. He pointed accusing fingers at the stations for violating the commission’s statutory act that required them to inform it six months before the expiration of licences with expression of intention to continue as licensees. “Those licences cannot be held indefinitely by individuals. There is

another list of over 120 licences that were paid within the mandatory period but were unable to come on air within the mandatory two years; they are also being processed for revocation. And they will be revoked,” Modibbo said, adding that some Nigerian broadcast stations had persistently refused to pay licence fees. He similarly accused licence holders of mounting pressure on the commission by lobbying political figures to bend the rule. “Licence fees are in arrears; there is no plan by many of these stations to pay; while

some even have the temerity to write NBC, the regulatory institution, that the amount they are asked to pay is too much, consequently, they then told us how much they are willing to pay, and even adding the time they are going to pay such sums that they have decided not pay.” The NBC also announced plans to meet the June 2017 Digital Switch Over deadline by rolling out in six states. The states include Kaduna, Delta and Gombe and Plateau States and Abuja, while Kwara, Osun and Enugu State would be mobilised for the second signal ITS.

TUESDAY MARCH 14, 2017 • T H I S D AY

NEWSEXTRA

Witness Reveals How Belgore, Suleiman Benefited from Slush Funds Allegedly Stashed by Alison-Madueke Former minister arraigned by EFCC as co-defendant Davidson Iriekpen A Nigerian bank official, Mr. Timothy Olaobaju, yesterday narrated how a former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke, stashed the sum of $115,010,000 in his bank with subsequent instructions to change it to naira and distribute it among individuals in the 36 states of the federation. The former petroleum minister, who has been receiving treatment for breast cancer in the United Kingdom for almost two years, has, however, denied involvement in the said sum deposited in the bank.

Among the beneficiaries, Olaobaju said were a Senior Advocate of Nigeria, Mr. Dele Belgore; and a former Minister of National Planning, Prof. Abubakar Sulaiman, who both received N450million. Olaobaju said when he appeared as a prosecution witness before Justice Rilwan Aikawa of the Federal High Court in Lagos where Belgore and Sulaiman are being tried for alleged money laundering involving N450m. The Economic and Financial Crimes Commission (EFCC) charged Belgore and Sulaiman with a five-count. Charged along with the senior lawyer and the ex-minister was

IPMAN Suspends Planned Strike Following NNPC GMD’s Intervention The leadership of the Independent Petroleum Marketers Association of Nigeria (IPMAN) yesterday announced the suspension of a scheduled nationwide strike following a meeting with the Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Dr. Maikanti Baru in Abuja. The Chairman of the IPMAN Committee on FOREX Intervention, Products Sourcing and Distribution, Alhaji Musa Felande, said the meeting with the GMD where peace was brokered also addressed all the pending issues concerning the association.

Felande said the meeting put to rest earlier grievances on issues relating to products supply, equalisation fund, access to forex and pricing of products which are of interest to IPMAN. “This is a very remarkable day for IPMAN and the country. We want to let the public know today that IPMAN is now one single group and we are determined to continue to support the government. We are calling on all our IPMAN members to go on with the usual supply and distribution of products in their respective stations and retail outlets across the country,’’ Felande appealed.

Alison-Madueke, who is said to “still be at large”. The EFCC had earlier arraigned Belgore and Sulaiman on February 8, 2017 but they were re-arraigned yesterday on an amended charge which included the name of Alison-Madueke. Upon their re-arraignment yesterday, Belgore and Sulaiman pleaded not guilty to the five charges just as they had earlier done. Trial commenced immediately after the defendants’ plea with the EFCC calling Olaobaju as its first witness. Led in evidence by the EFCC prosecutor, Mr. Rotimi Oyedepo, the witness narrated: “Sometime in April 2014, our managing director, gave a directive that certain companies and individuals would pay into an account with our bank some amounts of money. The purpose of the payment was not disclosed. “Over the period, thereafter, some amounts were paid into the account. The funds were deposited in dollar.

The total sum was $115,010,000. “On March 27, 2015, there was an instruction from the former Petroleum Resources Minister, Diezani Alison-Madueke, through our managing director, that the funds in the account should be converted to naira and paid to certain individuals of which the list of beneficiaries was sent to our managing director and the amount to be paid to them in naira. “The funds were paid according to Alison-Madueke’s instructions. “On the list sent to our branch, the names of the defendants (Belgore and Sulaiman) were on that list because the money was paid in about 36 states of the federation. “The defendants are not customers of our bank. “The instruction was that the sum of N450m should be paid to Mr. Dele Belgore (SAN) and Prof. Abubakar Suleiman. “They both received the money

and they filled the receipt of payment as evidence of receipt of the money and acknowledgment of same.” The witness said Belgore and Sulaiman signed separate receipts of payment for the same N450million on March 26, 2015. The court admitted both receipts of payment in evidence and marked them as Exhibits 1 and 1A. Asked by the prosecutor whether any cheque was issued in favour of Belgore and Sulaiman in respect of the fund, the witness answered in the negative. Asked whether the N450million was credited into any account, the witness said, “To my knowledge, the N450m was not credited into any account.” For the cross-examination of the witness, Belgore’s lawyer, Chief Ebun Shofunde (SAN), asked for an adjournment, stating that most of what the witness said yesterday were not in the proof of evidence

front-loaded and served on the defence counsel. Sulaiman’s lawyer, Mr. Olatunji Ayanlaja (SAN), aligned himself with Shofunde. The prosecutor said he would grudgingly concede to an adjournment till today in view of his respect for the defence counsel. Justice Aikawa, consequently, adjourned the matter till today for further proceedings. In the charges, Sulaiman, a professor of Political Science and International Relations at the University of Abuja, and ≠≠Belgore, a former governorship aspirant in Kwara State, were accused of conspiring between themselves to commit the offence on March 27, 2015. The duo were accused of making a cash transaction of N450million on March 27, 2015, without going through any financial institution. The EFCC claimed that the defendants paid N50million to one Sheriff Shagaya.

APC Staff Grumble over Unpaid Salaries Onyebuchi Ezigbo in Abuja The ruling All Progressives Congress (APC) may face more agitation by its staff over the party’s inability to pay their salaries. THISDAY gathered during a visit to the party national secretariat located at Blantyre Street, Wuse 11 yesterday in Abuja, that some of the senior staff were already mobilising other junior staff for a protest against the party’s national leadership. Some of the staff who pleaded not to be named in print for fear of intimidation, revealed that the party had slipped back into financial crisis after it had managed to recover from a similar situation last year. The staff attributed the funding problems facing the party to the displeasure by the APC governors against the current NWC led by Chief John Odigie-Oyegun. According to one of the staff who spoke to journalists covering the ruling party, they are owed 2016 Thirteenth month and the salary of February this year. “Our conditions are worsening everyday as staff of the ruling party. We are working in an environment that is not conducive for productivity. We hardly use municipla electricity or generator light in the party secretariat for six hours per day. “If the chieftains of the party are not happy with the NWC members, they should say so and change them so that they can fund the

party properly. There is no how anybody would think that the membership registration money can run a party, not to talk of APC effectively. “If this debts and poor condition of service were not addressed soonest, we the staff would be forced to down tools.” However, a source told journalists yesterday that the governors were angry that the NWC members had not been prudent enough in managing the monies that had come into the party.” The APC leadership had complained of challenges as a result of the poor funding it is getting from stakeholders. In a statement issued after a recent consultative meeting between the governors and the APC leadership, the APC National Publicity Secretary, Malam Bolaji Abdullahi, said part of the key issues deliberated upon was how to improve on the finances of the party. He added that as party of a new funding mechanism, the party has decided to embark on a continuous membership registration exercise across the country. He said the meeting agreed that this is the only sustainable way to fund the party.” Efforts to speak with the party’s spokesman was not successful. Also other principal officers of the party declined comment on the issue.

FOR SERVICE OF MANKIND

District Governor, Rotary International District 9110 Nigeria, Mr. Patrick Ikheloa (right), presenting the District’s smonthly newsletter to the Chief of Staff to the Chairman, THISDAY Newspapers, Mr. Ayo Arowolo, during the visit of Rotary officials’ visit THISDAY head office in Apapa, Lagos....yesterday. With them are the District Secretary, Mr. Samuel Adetutu (second left); Chairman, District Conference\ District Governor Designate, Dr. Jide Akeredolu. Kolawole Alli

JAMB to Begin Sale of UTME Forms March 20 Kuni Tyessi in Abuja The Joint Admission and Matriculation Board (JAMB) will begin the sale of its 2017 Unified Tertiary Matriculation Examinations (UTME) admission forms on March 20 while the expected closing date is April 19, 2017. Also, the examinations have been scheduled for between May 6 and 20, excluding May 12 to allow candidates write Further Mathematics examination for the West African Examinations Council (WAEC). The Registrar/Chief Executive of JAMB, Prof. Ishaq Oloyede, who made the announcement on the Boards’ twitter handle, emphasised that candidates are expected to pay N5, 500 for the registration package which includes registration fees, reading text, syllabus and brochure. “UTME 2017 examinations start from May 6 to 20, 2017 (excluding May 12, 2017 because of candidates sitting for WAEC’s Further Mathematics examination).

Sale of forms ends on April 19, 2017, while the registration portal closes on April 22, 2017. For direct entry candidates, the application will be on sale from April 23, 2017,” he said. JAMB had earlier announced the conclusion of all restructuring and reforms, and is now set to commence the sale of its application document in March. Also in February, JAMB had announced that it had completed a joint timetable with WAEC and National Examination Council (NECO) to avoid clashing examination dates. The restructuring exercise, it had said, would allow for only one choice of public university in which new registration platform will now be first choice, second choice, third choice and fourth choice and not most preferred, preferred choice. The spokesperson of JAMB, Dr. Fabian Benjamin, had said the agency had taken time to add value to the services it has been offering to Nigerians for over

three decades. According to him, the restructuring was aimed at expanding the opportunities available to candidates since almost all the public universities do not consider candidates on the second choice list because they hardly exhaust their first choice. He said: “We have designed a Central Admissions Processing System where JAMB will interface with the institutions and ensure the compliance of this reform. The summary is that no candidate will be admitted with awaiting result. Candidates and their parents are also to note that JAMB has restructured the registration platform to allow for only one choice of public university. The new registration platform will now be first choice, second choice, third choice and fourth choice and not most preferred, preferred among others as it was. “Candidates’ first choice can be a College, University, Innovative Enterprises Institutions

or Polytechnic/Monotechnic. However, if a candidate makes a public university his first choice, he will not have any public university to choose for second, third and fourth choice. He will have on the remaining three choices, a College, Polytechnic, private university and IEI’S. However, candidates for the 2017 UTME can now select National Certificate in Education (College) or National Diploma (Polytechnic/ Monotechnic) as their first choice up to third choice and the fourth IEI. They can select the IEI (Innovative Enterprise Institution, ND) as their first choice up to the fourth choice, but can only pick a public university once.” While insisting that the registration of 2017 UTME will go side by side with the Direct Entry, and during registration, candidates’ 10 fingers would be captured using Biometric Verification Machine. Benjamin also warned candidates that no cyber café would be registering candidates for the UTME.

TUESDAY MARCH 14, 2017 • T H I S D AY

NEWSEXTRA

Local Power Sector Investors More Dependable, Optimistic, Says FG Chineme Okafor in Abuja and Sylvester Idowu in Ughelli The federal government yesterday described indigenous investors in Nigeria’s power sector as being very dependable and optimistic of the sector’s prospects and Nigeria’s economy, despite the challenges they have had to contend with since its initial reforms and privatisation of 2013. Insisting that they have continued to endure the troubles of the sector and increased investments in their different power assets, the government said it would match their commitment with improved reform of the sector to respond promptly to their challenges. The Minister of Power, Works and Housing, Mr. Babatunde Fashola, stated this when he commissioned alongside the Governor of Delta State, Ifeanyi Okowa, a new 115 megawatts (MW) gas turbine procured and installed by Transcorp Ughelli Power Plant, to now bring the plant’s generation capacity to 620MW. The commissioning was done shortly before the 13th edition of the monthly power sector operators’ meeting was held at the power plant. Fashola said that in line with the government’s reciprocity of the commitment of indigenous investors to the sector, it has initiated a N701 billion payment guarantee scheme to enable prompt payments to generation companies for power supplied to the national grid. He added that the Transmission Company of Nigeria (TCN) was also undergoing structural reforms to standardise it operations, while further reforms in the gas supply and distribution value chains would be done to comprehensively reposition the sector. Fashola thus asked Nigerians to

expect very tangible improvement in the country’s electricity sector this year, saying that government’s reforms in the sector’s challenges were beginning to yield results. “While we are looking for foreign investors, the Buhari administration understands that the local investor is the most dependable investor, the local investor is not going to run when the ship hits stormy waters and it is their continuity and commitment to continue to invest that really typifies their belief in the Nigerian economy,” said Fashola. He further said: “To the Transcorp Group and other investors in the power sector, the Buhari administration hears you loud and clear, we are dealing with the challenges of solving the issues that you face one after the other. “One them is the payment assurance scheme which has now been put in place, power that you now produce will be paid for as you put it on the grid and that is what that funding which you acknowledged is for.” The minister stated: “We acknowledge the investments you have done here to grow the capacity of this plant from a little over 150 megawatts that you inherited it to now 620 megawatts and that puts a lie to some of the uninformed comments that investors haven’t done anything. An addition of over 400 megawatts in terms of installed capacity is a lot of investment.” He noted on the challenges of gas supply in the sector: “We hear you loud and clear about gas, we are already working on it. Gas development is part of the economic recovery programme for the country and so, clearly the enthusiasm you show is receiving recognition from the very right places and we want to see more local players in the gas sector to

Kaduna Govt Warns against Reprisals over Ife Clash John Shiklam in Kaduna The Kaduna State Government has warned against any reprisal attack over the recent clashes between the Hausa community and Yorubas in Ile-Ife, Osun State. The warning came following the circulation of gory images on the social media purported to be corpses of Hausa people killed during the Ile-Ife clash. The state government in a statement by Samuel Aruwan, spokesman to Governor Nasir El-Rufai, urged the people to reject any attempt to drag them into events happening elsewhere in the country. “Residents of Kaduna State have been urged to do their utmost best to uphold peace in the state. Citizens should remain calm and firmly reject any attempt to drag residents of the state into events happening elsewhere in the country. “The Kaduna State Security Council wishes to commend the vast majority of the state’s residents for their commitment to peace,” the statement said. The statement warned those

trying trying to incite unnecessary tensions in the state as a result of events elsewhere in the country to desist from such action or face the wrath of the law. “Such persons should desist from circulating videos and images with inciting commentary and calls to citizens for reprisals. “Already, the unfortunate incidents in that part of the country have been contained and taken care of, so the government would not watch enemies of peace capitalising on the situation to cause problems in Kaduna State using images and videos calling for reprisals. “People circulating images and calling for reprisals are enemies of peaceful society, and all citizens must say no to them,” the statement said. Aruwan promised that the security council is determined to ensure that anyone or group of persons distributing images and videos calling for revenge are arrested and prosecuted and called on the people to support the government to ensure that every threat to law and order in the state is defeated.

clean up the sector and turn it into economic opportunities.” Fashola explained that the additional capacity from Transcorp was consistent with the government’s policy of incremental, stable and uninterrupted power supply, saying: “Our actions are becoming definite, the results will begin to show this year.” Meanwhile, the Chairman of Transcorp, Mr. Tony Elumelu, in his remarks renewed his request to the government to allow the company take over a marginal gas field that is close to the plant, to guarantee it steady gas supply. Elumulu said if allowed to develop the gas field, the plant

could grow its capacity to generate 25 per cent of Nigeria’s total power generation. He said: “This journey started in 2013 following the privatisation of the power sector by the federal government of Nigeria. We invested in the power sector, we acquired 100 per cent of the Ughelli Power Plant because we believe so much in what improved access to electricity can do for our people. “Today, I am happy to say that the pant we took over in November 1, 2013 with a generating capacity of 160 megawatts per day, we have increased it to 620 megawatts and soon it will move up to 815 megawatts.”

According to him: “We will do more especially now that the government helping to address some of our issues. Power remains close to our heart, we want to do more but we want the government to assist us to help Nigerians. “We know the problems in the power sector, we have been discussing them. Let us just talk about two issues, one of them is illiquidity, the minister, I believe is working on it, we have heard about the N701 billion announcement, please, minister, try to fasttrack it so that the money will come to address some of

the money that is being owed to the sector. “The second thing is gas. Minister, we are sitting here on a gas field. We will like to partner with the government of Nigeria to develop this gas field so that we can increase the capacity of plant and what we generate on a daily basis. If we have access to this gas field, we will do more.” Similarly, Okowa in his remarks called on managers of the sector to undertake comprehensive reforms in the sector. He said the state government would uphold its commitment to ensure a peaceful operational environment for investors in the state.

THE GOVERNOR AND HIS PEOPLE

R-L:GovernorIfeanyiUgwuanyiofEnuguState; formerGovernoroftheoldEnuguState,Dr.OkwesiliezeNwodo; President-GeneralofOhanaezeNdigbo, Chief John Nnia Nwodo; and another notable indegene of Igbo Etiti Local Government Area, during a civic reception for the governor by the people of the councilinrecognitionofhisremarkableachievementsinoffice,andtheinaugurationofGburugburuMovement.

Rerun Polls: Rivers to Submit Report of Judicial Commission of Inquiry to IG, Says Wike Ernest Chinwo in Port Harcourt Rivers State Governor, Nyesom Wike, has said the state government will submit the White Paper on the report of the Judicial Commission of Inquiry that investigated the killings and other acts of violence during the December 10, 2016 rerun/ supplementary elections in the state to the police for necessary action. The governor however emphasised that he was aware that the current Inspector-General of Police, Ibrahim Idris, would not act on the report, but that the police as an institution would eventually perform their constitutional role as Idris would not be inspector general of police forever. Wike spoke yesterday at the Government House, Port Harcourt, after he had received the report of the Judicial Commission of Inquiry that investigated the killings and other violent acts that occurred during the December 10, 2016 rerun/supplementary elections. The Chairman of the commission, Justice Chinwendu Nwogu, submitted the report. He said the state executive

council would consider the report of the panel and duly prepare a white paper on it. The governor commended the panel for a painstaking and thorough report which included videos, testimonies and relevant accounts of everything that transpired during the elections. He said: “I hereby direct the Attorney General of the state to submit the report to the IG. “I am aware that the IG would not act on the report, but we need to take the necessary step. The current IG will not be IG forever. Therefore, the police as an institution in the long run will act.” He said the members of the Judicial Commission of Inquiry diligently worked to ensure that the right thing was done. Earlier, while submitting the report, the Chairman of the panel, Justice Chinwendu Nwogu, said the commission received 13 memoranda, several exhibits including expended bullets and also went to the respective locations to gather evidence. He stated that the report of the commission are contained in four volumes, which captured all aspects

of the commission’s assignment. He noted that the recommendations were made in line

with the terms of reference of the commission and with due respect to the law and good conscience.

Tunde Ayeni’s Brother Selected Traditional Ruler Chief Williams Olusegun Ayeni, the elder brother to the former Skye Bank Chairman, Mr. Olatunde Ayeni, has been selected as the Olujumu, a first class traditional ruler in Ijumu Local Government Area of Kogi State. The elder Ayeni beat four other contestants - Sunday Ologe, Jacob Ibitomi, Abdulkareem Oluwakemi and Olusola Jeminiwa - in a selection exercise recently conducted by representatives of some 20 towns and villages in Ijumu. He will be installed the Olujumu of Ijumu on a date to be announced when Kogi State Governor, Yahaya Bello, will present him the staff of office. A businessman and philanthropist, Ayeni promised to work for the unity of “my people that would bring about the

development and industrialisation of Ijumu Kingdom.” Born in Iyah Gbede over 50 years ago to the late Pa. James M. Ayeni and Madam Sarah J. Ayeni, the Olujumu-elect holds a Master’s degree in Business Administration from Ladoke Akintola University, Ogbomosho.

Ayeni

MONDAY MARCH 6, 2017 • T H I S D AY

NEWSEXTRA

Court Scolds NAFDAC over NBC Products Says bottles should contain warning signal Davidson Iriekpen A Lagos High Court has ordered the National Agency for Food and Drug Administration and Control (NAFDAC) to henceforth mandate the Nigeria Bottling Company (NBC) Plc to include on all bottles of Fanta and Sprite soft drinks manufactured by the company a written warning that the content of the said bottles of soft drinks cannot be taken with Vitamin C as same becomes poisonous if taken with vitamin C. Justice Adedayo Oyebanji in her judgment also stated that NAFDAC has failed the citizens by its certification as satisfactory for human consumption, products in which in the United Kingdom failed sample test for human consumption and which become poisonous in the presence of Ascorbic Acid ordinarily known as Vitamin C, which can be freely taken by the unsuspecting public with the Fanta and Sprite. The judgment was sequel to a suit filed by a Lagos businessman, Dr Emmanuel Fijabi Adebo and his company Fijabi Adebo Holdings Limited against NBC and NAFDAC. The court also awarded a cost of N2million against NAFDAC. The claimant had urged the court to declare that NBC was negligent and breached the duty of care owed to their valued customers and consumers in the production of contaminated Fanta and Sprite soft drinks with excessive “benzoic acid and sunset “ addictive. Fijabi also urged the court to direct NAFDAC to conduct and carry out routine laboratory tests on all the soft drinks and allied products of the company to ensure and guarantee the safety of the consumable products, produced from the NBC factory. In amended statement of claim filed before the court by a Lagos lawyer Abiodun Onidare, on behalf of the claimants, it was alleged that sometimes in March, 2007 Fijabi Adebo Holdings Company purchased from NBC large quantities of Coca-Cola, Fanta Orange, Sprite,

Fanta Lemon, Fanta Pineapple and Soda Water for export to the United Kingdom for retail purposes and supply to their customers in UK. When the consignment of the soft drinks arrived in the UK, fundamental health related matters were raised on the contents and composition of the Fanta and Sprite products by the UK health authorities, specifically the Stockport Metropolitan Borough Council’s Trading Standard Department of Environment and Economy Directorate. The findings of the from UK were also corroborated by the Coca-Cola European Union and products were found to have excessive levels of “Sunset Yellow and benzoic acid” which are unsafe for human consumption. Due to the irregularities and harmful content of the soft drinks which can cause cancer to the consumer, the claimants could not sell the Fanta and Sprite products resulting in appreciable losses, as they were certified unsuitable for consumption and were seized and destroyed by the UK health authorities The claimants alleged further that NAFDAC failed to carry out necessary tests to determine if the soft drinks were safe for human consumption. The claimants averred that as a registered exporter with the Nigerian Export Promotion Council, they could lawfully export the products of Nigeria bottling company to any part of the world, in fact NBC was aware that their products they purchased were meant for export. Consequently, apart from other reliefs, the claimants were demanding for the sum of N15,119,619.37 as special damages and N1,622,000 being the money admitted received from the claimants. However, NBC in its amended statement of defence filed before the court by Mr. T. O.Busari admitted, supplying the products but contended that the product manufactured by the company are meant for local distribution and

Chinese Firm to Deliver Abuja Light Rail Project NextYear Olawale Ajimotokan in Abuja The Chinese Civil Engineering Construction Company (CCECC) will complete the Abuja light rail project in the first quarter of next year, the Federal Capital Territory (FCT) Minister, Mohammed Musa Bello, has said. He said this yesterday after a tour of the workshop and the control and signal room of the rail project, Idu terminal. The delegation was shown the extent of work by CCECC’s Managing Director, Jack Lee, during a ride on Lot 3 A track which runs from the MetroStationinCentralBusinessDistrict (CBD) to the new international wing currentlyunderconstructionatNnamdi Azikiwe Airport. The double track is about 45 kilometres in length and on completion, it will reduce vehicular traffic and fast-track the movement of people along the western corridor of the city. While giving an assessment of work done, Bello declared the project was 90 per cent completed saying the rail, bridges, pedestrian

overpasses, culverts and flyovers were 100 per cent completed. “The Abuja light train project is on track. The rail tracks and bridges have been 100 per cent completed. Works are still ongoing at the terminal. They are also working on the locomotive and deport which is 85 percent complete. I am impressed, and for us in the administration, this project that will be finished in the first quarter of next year, will encourage the public to travel by rail,” Bello said. The minister said the entire FCT rail master plan which is made up of 6 lots would connect the entire city to the railway network when completed and translate the city into a truly megacity. He said shanties and settlements along the rail corridors and track shoulders that violate the federal capital’s master plan standard procedure would be removed. Lee, who said the entire system, when completed, would offer employment for not less than 1,000 Nigerians, added that Idu Terminal was also designed to enable people with physical disability make use of the facility.

consumption as the company does not manufacture its products for export, as Coca-Cola brand of soft drinks are manufactured and bottled by various Coca-Cola franchise holders in most countries of the world, including the UK. The company denied that it was negligent in the manufacturing of its products as alleged as stringent quality control procedures were adopted in its production process to ensure that its products are safe for consumption of the final user. The company denied that the damages alleged by the claimants was occasioned by its negligence or any fault from the company as the level of the chemical components in its soft drinks is safe for consumption in Nigeria.

NBC contended that the claimants claims are speculative, frivolous and vexatious and should be dismissed with substantial cost NAFDAC did not filed any defence. In proving his case, Adebo testified for himself while being led in evidence by Mr Abiodun Onidare and tendered 12 exhibits, while the Sales Operation Manager, Michael Nwosu China and the Head of Central Laboratory Abiodun Adeola Falana, both of NBC testified on behalf of the company and also tendered 12 exhibit. In her judgment, Justice Oyebanji said: “It is imperative to state that the knowledge of the NBC that the products were to be exported is immaterial to its being fit for

human consumption. The court is in absolute agreement with the learned counsel for the claimants that soft drinks manufactured by NBC ought to be fit for human consumption irrespective of u or creed. “It is manifest that NAFDAC has been grossly irresponsible in its regulatory duties to the consumers of Fanta and Sprite manufactured by NBC. In my respective view, NAFDAC has failed the citizens of this great nation by its certification as satisfactory for human consumption, products which in the UK failed sample test for human consumption and which become poisonous in the presence of ascorbic acid ordinarily known as Vitamin C, which can be

freely taken by the unsuspecting public with the company’s Fanta or Sprite. As earlier stated, the court is in absolute agreement with the learned counsel for the claimants that consumable products ought to be fit for human consumption irrespective of race, colour or creed.” For the reasons herein adumbrated in this judgment, the court hereby orders as follows: That NAFDAC shall forthwith mandate NBC to, within 90 days include on all the bottles of Fanta and Sprite soft drinks manufactured by the company, a written warning that the content of the said bottles of Fanta and Sprite soft drinks cannot be taken with Vitamin C as same becomes poisonous if taken with Vitamin C.

NEWEST EYE HOSPITAL IN TOWN

L-R: Special Adviser on Entrepreneurship to Katsina State Governor, Mr. Ibrahim Jikamshi; Chairman, Eko Atlantic Group, Ronald Chagoury; President, Dangote Group, Alhaji Aliko Dangote; Cross River State Governor, Prof. Ben Ayade; Chairman and Founder, Skipper Eye-Q Super Speciality Eye Hospital, Dr. Ajay Sharma; and Group President, Skipper Eye-Q, Mr. Jitender Sachdev, during the inauguration of the hospital in Lagos....recently MAKARFI, SHERIFF FACTIONS ENGAGE IN ACCUSATIONS AND COUNTER-ACCUSATIONS OF CASH, CAR GIFTS party and should be discontinued forthwith. “We want to make it clear that this report of the reconciliation committee is on behalf of the reconciliation committee set up by the NEC. It is a standing committee that was inaugurated by Bamanga Tukur. It was adopted as a working paper and not exhaustive. Anybody with contribution will be accepted and considered,” he said. In its response, the leadership of the National Caretaker Committee accused the Sheriff-led leadership of receiving SUVs and monetary inducements from agents of the APC. The view of the caretaker committee came just as the leadership insists that it would only support the political solution being brokered by the former President Goodluck Jonathan. The spokesman of the Makarfi, Prince Dayo Adeyeye, asked Sheriff to tell Nigerians which APC governor, minister or official bought SUVs for them. Adeyeye accused Ojougboh and Sheriff of engaging in cheap blackmail, by making spurious allegations against the caretaker committee, adding that no such amount of money is being giving to the committee. He said there is nothing illegal or untoward in receiving contributions from party members or even governors elected on the

platform of the party. “Yes we do receive contribution from the governors and other elected lawmakers but I must state that we have not been getting enough for the operation of the services. We definitely have not received that kind amount as claimed by Ojougboh. “Nevertheless, no matter how little, it is better to be funded by our party members than by the APC as is the case with Sheriff and his cohorts. Ojougboh should tell us which APC governor, minister or official bought jeeps for them? Governor Fayose has also made a public allegation that Sheriff has received the sum of $1 million from the APC to organise a new convention. Sheriff is yet to publicly refute the allegation,” he said. Adeyeye who dismissed Ojougboh’s allegation that the chairman of the caretaker committee, Makarfi, is fueling the conflict due to his presidential ambition, said instead, it is Sheriff that is doing the bidding of his paymaster, the APC. He also accused the former Borno State governor of trying to evade the law by refusing to be served with notices from the Supreme Court. On the attack on the Jerry Gana-led Strategy Review and Inter Party committee by Sheriff, the caretaker committee spokesman said the action of the former Borno

governor shows that he is pursuing an agenda of his paymaster, the ruling APC. He said rather than accuse Makarfi of fueling the crisis in order to further personal agenda, it is Sheriff that has refused the stand down, instead, he is posturing to supervise the convention. “We accepted President Goodluck Jonathan and the Governor’s comprehensive political solution. It calls for the resignation of Sheriff and the so called NWC and also the National Caretaker Committee to create a level playing field for all, and to build trust among all members. “The agreement is then to be submitted to the Supreme Court as the judgment of the court. These would have provided both political and legal solution to the logjam. “But Sheriff rejected it, and continued to insist that he would conduct a national convention when he does not enjoy the trust and confidence of the vast majority of party members. It is therefore very clear who has a personal or hidden agenda. And I dare say, it is Sheriff and not the National Caretaker Committee. The blackmail of Ojougboh is too cheap and too simplistic,” he said. Meanwhile, Sheriff, has advised the Jerry Gana-led Strategy Review and Inter-Party Affairs Committee to stop speaking for the party. Represented by Ojougboh, at

a news conference in Abuja on yesterday Sheriff described the Gana-led committee as “illegal”. The committee was constituted on November 10, 2016, by the National Caretaker Committee of the party headed by Makarfi, which was described as illegal by the recent judgment of Appeal Court, Port Harcourt. The court, in the judgment declared Mr. Sheriff the authentic national chairman of the party. The committee had been visiting founding and prominent members of PDP, including former Vice President Alex Ekwueme, Tony Anenih, Bamanga Tukur and former President Goodluck Jonathan. Sheriff said that the report of the committee, which was submitted to the scrapped national caretaker committee on February17, 2017, would not be useful in the ongoing effort at re-positioning the party. “Professor Jerry Gana going round the country on behalf of the PDP is unacceptable to the party. “I have the report of Gana here where he recommended that all members of the Sheriff group should be suspended from the party. “We find it very uncomfortable that a person of Jerry Gana’s standing, if actually he wants to help the party as at this time of crisis, would recommend that a faction or members of the party should be expelled for their political beliefs.

TUESDAY MARCH 14, 2017 • T H I S D AY

CRIME&PUNISHMENT

Police Arrest Killers of Herdsmen in Southern Kaduna John Shiklam in Kaduna The Kaduna State Police Command yesterday paraded three people suspected to have killed two herdsmen at Anguwan Duka in Jema’a Local Government Area of the state last Saturday. The suspects, namely: Danjuma B. Joseph, 20, John Luka, 22 and Austine Joseph, 22, who confessed to have killed the herdsmen, said it was done in self-defence. Fulani herdsmen have been accused of incessant raiding and killings in southern Kaduna communities since 2011. The federal government had deployed heavy security presence to the affected areas to stop the frequent killings and burning of houses in rural communities, especially in Kaura and Jama’a Local Government Areas of the state.

Parading the suspects before journalists, the state Police Commissioner, Mr. Agyole Abeh, warned that his command would not tolerate any act of crime and criminality as anyone found culpable will be prosecuted accordingly. He said the suspects were arrested based on tip-off by locals in the area. Abeh said peace was gradually returning to Southern Kaduna, noting that some people were bent on truncating peace in the efforts in the area that has been ravaged following attacks by herdsmen. He said the two herdsmen were grazing with their livestock in Ungwan Duka village when they were attacked and killed by the suspects.

Abeh said based on tip-off from good Samaritan, the three suspects were apprehended and arrested. He added that the suspects had three of the confessed to have taken part in the killing of the herdsmen, saying the suspects would soon be charged to court.

“I am committed to ensure that the citizens of Kaduna State enjoy benefit of security and as such, the command will always be on top of the situation not only in southern Kaduna but any part of the state” the commissioner said. One of the suspects, Austine

Joseph, told journalists in an interview that they met the herdsmen in the bush and asked them to leave their environment but the herdsmen refused and pulled out their swords. “We met them in the bush and asked them to leave. But they

refused and drew out swords and wanted to attack my brother who was able to dodge the machete. “It was in that process that we observed that they did not mean well for us and we attacked back with machete leading to their death,” he said.

Sharia Police Arrest 120 Suspected Prostitutes in Kano Ibrahim Shuaibu in Kano Kano State Hisbah Board popularly called Sharia police has successfully arrested 120 suspected prostitutes at popular recreational centre at Kwanar Dawaki in the outskirts of Kano. The Hisbah operatives in a joint operation with the personnel of National Drug Law Enforcement Agency (NDLEA) stormed the centre and arrested the suspected prostitutes as well as found hard drugs in their custody during the operation. The state Director of the Hisbah Board, Dr. Abba Saidu Sufi, told journalists yesterday in his office in Kano that 20 under-age boys were also arrested during the operation. According to him, the arrested

girls whose age range between 13, 14 and 17, noted that 19 out of them were notorious to Hisbah Board. Sufi explained that the law which banned prostitution and immoral act is still in force. He said the prohibition law number four of 2001 would be adequately applied on those arrested. Sufi said the board also identified some other black spots were illicit drugs are being taken mostly by young girls and boys, warning that they will soon fish them out. “We have invited parents of some of the arrested suspects for them to caution their wards against illicit activities,” Sufi said. He assured them that those arrested would be taken to court for prosecution.

Policemen Batter, Forcibly Detain Building Contractor Chiemelie Ezeobi Despite repeated warnings by the Inspector General of Police, Ibrahim Idris, against human rights abuses, two policemen from Ketu Police Division, yesterday battered a building contractor, one Jide Fowotade and also forcibly detained him. The victim is presently receiving treatment in a hospital in the area following the beating he recieved from two policemen attached to Ketu Division. According to him, he was dragged out of his car, while driving home at Ikorodu road by the two policemen on bike. According to him, the policemen alleged that he almost ran over them, an accusation, he said was a lie meant to extort him. He said: “My name is Jide Fowotade, and I am a building contractor. I was returning home from Ikorodu, where I had gone to picking up my wife from her shop. “My ordeal started right under the pedestrian bridge at Ketu, on the Ikorodu road. A tricycle rider suddenly appeared from nowhere and almost ran into

me. I immediately slammed on my brake to save the situation. “Behind me was a motorcycle with two policemen on it. My car did not have any comtact with the bike nor with any of the policemen riding on it, but to my greatest surprise, the policemen jumped down down. “Before I knew what was happening the policemen attacked me. One of tnem asked if i wanted to injure them. I tried to explain to them that it was a tricycle rider who ran dangerously in front of me and that in a bid to avoid running over the rider I had to slam on my brake. “One of the policemen who I later identified simply as Ayo gave me head boot. Two of my front tooth fell off immediately. As if that was not enough, the policemen gave me the beaten of my life in the presence of my wife. I was later dragged inside the police station where I was detained for hours.” He said further that he has been in pains since after the incidence, adding that he would like the police authority to launch a probe into the attack metted on him to ensure the policemen are brought to justice.

CAUGHT IN THE ACT

Some suspected armed robbers being parraded at the Oyo State Police Command in Ibadan ... recently

ICPC Arraigns Ex-Banker over N78.5m Pension Fraud Paul Obi in Abuja The Independent Corrupt Practices and Other Related Offences Commission (ICPC) yesterday charged a former staff of Skye Bank, Mr. Yemi-Aris Olaniran, to court for allegedly defrauding the federal government of N78.52 million pension fund. According to ICPC Head of Media and Information, Rasheedat Okoduwa, “the commission in a 24 count-charge preferred against the ex-banker before Justice Babatunde Quadri, of the Federal High Court 10, Maitama,

Abuja, accused him of allegedly transferring N78, 521, 431.61 from the federal government pnsion funds into private accounts held by non-pensioners in contravention of Section 15 (2) (b) of the Money Laundering Act 2011. The alleged offence is punishable under Section 15 (3) of the same Act.” Counsel to ICPC, Mr. Adesina Raheem, told the court that Mr. Olaniyan, while working as a staff of Skye Bank, Gwagwalada-Abuja, between October 2011 and March 2013, surreptitiously opened 50 bank accounts into which he made several transfers of funds.

The alleged funds ranged from N1 million to N11. 2 million. The ICPC had earlier arraigned Mr. Olaniyan before Justice Adeniyi Ademola of the Federal High Court 7, MaitamaAbuja, but had to seek for the transfer of the case to another trial judge due to the criminal charges preferred against Ademola by the federal government. Raheem held that the ex-banker, in one instance opened an account in the name of Ibrahim Nurudeen, and transferred

the sum of N11,248,439.52. He was also alleged to have in another illegal transaction, wired N9.58 million from the federal government pension account into a Skye Bank account in the name of Umar Abdullahi who was not a registered pensioner. Olaniran pleaded not guilty to all the charges when they were read to him as his counsel, Mr. Ojo Olugbemiga, urged the court to allow his earlier bail to remain. The judge, in his ruling, ordered that his bail should continue and adjourned the matter to April 11, 2017 for further hearing.

Court Orders A’Ibom Police Commissioner to Arrest Suspects in Murder Case Okon Bassey in Uyo The Federal High Court in Uyo, Akwa Ibom State, yesterday ordered the state Commissioner of Police, Mr. Donald Awunah, to arrest those who killed a youth, Mr. Christian Okon, in Ibaka, Mbo Local Government Area of the state, The suit with number FHC/ UY/CS/1616/16 is between The Incorporated Trustees of Ibaka Youths Association, Mr. Samuel Usimka, Okon Ekpot as applicants and the the state Commissioner of Police, Mr. John Umoh; DPO of Mbo Division, and nine others. The second suit with number FHC/UY/CS/1258/14 is between The Incorporated Trustees of Ibaka Youths Association and Ovong E. Isemin with seven others. The presiding judge of the court, Justice Fatun Riman, in his order, upheld 13 of the 14 cases brought

before the court by the solicitors to the Incorporated Trustees of Ibaka Youths Association in Mbo council area of the state and Kanu G. Agabi and Associates. The lead counsel in the case from the chamber of Kanu G. Agabi and Associates, Mr. Ayei Okpa, had told the court how a faction of the youths backed by two chiefs from the community disrupted a meeting of his client as they stormed the venue of the meeting and started shooting sporadically. In the confusion, which disrupted the meeting, and the people running for their dear lives, the deceased (Okon) who also fled from the environment toward Udung Isemin side of Ibaka, was overtaken and shot at his left thigh. Hard objects including blocks were also used on the deceased while still in pain until just as one

of the chiefs and village head, Asuquo Etifit, allegedly used his staff to hit him until the deceased passed out. In his judgment, Justice Riman noted that the applicants were entitled to peaceful assembly and freedom of association; right to privacy and right to freedom from arbitrary interference and right to life and security of their person among others. He berated the conduct and acts of 3rd to 11th respondents on August 13, 2016, around 10a.m. where they proceeded under the protection of 2nd respondent and his team of heavily armed policemen in a convoy of six Hilux patrol vans to violently invade the venue of the meeting of the applicants. The judge condemned their threat to kill the applicants if they did not immediately disperse by physically forcing applicants

out of the venue and allegedly destroying plastic chairs and tables at the venue of the meeting. Riman, accordingly, awarded N100,000 damages for the violation of fundamental rights of applicants to peaceful assembly, freedom of association, life, privacy and property either jointly or severally against respondents in favour of the applicants. Reacting, the counsel to the applicants said the ruling vindicated the rule of law, adding that the court decided that the fundamental rights of the applicants had been breached and granted 13 of the 14 reliefs sought by the applicants. He said: “The court also restrained the police from harassing, arresting, or intimidating the applicants pursuant to the issues settled-the right to association-to the revenue points ceded to them by the Ibaka community.

T H I S D AY TUESDAY MARCH 14, 2017

T H I S D AY • TUESDAY MARCH 14, 2017

TUESDAYSPORTS

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

CAF CHAMPIONS LEAGUE

Rangers Needs Barcelona Inspiration to Upturn Zamalek Advantage Duro Ikhazuagbe After conceding 4-1 defeat away to Zamalek in the CAF Championship at the weekend, a former Super Eagles defender, Ajibade Babalade said yesterday that Rangers International FC will need more than inspiration to be able to upturn the advantage of the Egyptian giants. The Nigerian Professional Football League (NPFL) champions crashed 1-4 to the Mediterranean White Knights in the Champions League first round fixture clash at the Al Salam Stadium in Cairo. But Babalade who scored a thunderous second goal in Shooting Stars’ 1996 2-1 final first leg defeat of Zamalek in Ibadan before losing the trophy in the second leg on penalty shoot out, said yesterday that if Barcelona can comeback to life after losing by same margin to PSG, anything can still happen in the second leg in Cairo next weekend. “This is football. Anything can happen. We all saw what happened in the UEFA Champions League when

Barcelona upturned Paris Saint Germain’s 4-1 advantage from the first leg and eventually won,” observed the former Shooting stars player. He however observed that his worry for the Enugu team is the caliber of players in its fold. “My only worry is that Rangers do not have the players that can make that (comeback) happen. Unlike Barcelona with their arrays of star players, the present Rangers is nowhere near the Rangers of old that was a terror to teams from the African continent,” stressed Babalade. In what appears a direct response to Babalade’s fears, Rangers central attacker, Edoh Ocheme, insisted his side is capable of upturning the huge deficit against Zamalek Sporting Club. While admitting that the goal margin is quite massive, Ocheme told Supersport.com that nothing is impossible in the round leather game. “I’m still confused how we conceded those number of goals I think the goals are simply too many.

N AT I O N A L S P O R T F E S T I VA L

Dalung Places Imo State on Standby Olawale Ajimotokan in Abuja Sports Minister, Solomon Dalung, has placed Imo State on standby to stage the 2017 National Sport Festival after he ran a check on facilities at the Dan Anyiam Stadium, Owerri. The minister has been shopping for alternative host to organise the biennial festival as doubts continue to mire the ability of Cross River State to successfully host the event that was awarded to it in 2014. There have been suggestions that the Sport Ministry was weighing the option of bringing the events to Abuja to mitigate against the setback the failure of Cross River to host will do to Nigeria’s participation at Tokyo 2020. Dalung was in Owerri three weeks ago where he inspected facilities for the multi-sports events. Imo State Commissioner for Youth, Sports and Public Safety, Chief Rodney Tony Ajaelu, who confirmed Dalung’s visit, assured that Imo State would gladly step in and redeem the games in case Cross River State was not in a position to fulfill its obligation. Ajaelu said the offer to host the games was an invitation that could not be turned down given that the state last hosted the Unity Games in 1998.

He said Dalung expressed satisfaction with what he met on ground after three days of assessment visit to the state. “It has been a long time since Imo State hosted the National Sport Festival. While Cross River State has not officially backed out, hosting the games is an option if (they) Cross River are not in a position to host,” Ajaelu said. He said that though the minister gave the state a nod of approval, he only expressed reservation about the condition of the track and field which he said should be renovated. “We can host the sports festival this year if given a chance. The decision, however, to host and what we stand to gain will be taken by the entire people of Imo State. The games will keep our youths busy and make it possible to discover potential sporting talents”, he said.

CHAMPIONS LEAGUE TODAY Juventus V Porto Leicester V Sevilla TOMORROW Monaco V Man City Atlético V Leverkusen

“I never thought we could concede more than a goal in the encounter I wept profusely when the goals kept coming that we were three goals down in the first 45 minutes. “Well we have come to accept the outcome as it’s as no amount of crying could

change the result of the match. “Right now we have our jobs well cut out as we must score at least three unreplied goals to progress to the next stage of the competition. “The task looks daunting but not insurmountable once we are able to do the needful

as well as prepare adequately for the reverse fixture clash. “All hopes are not lost as we are quite capable of scoring the three mandatory goals in the first 45 minutes just as Zamalek SC performed at their backyard in Cairo. “At least we have role

models in Barcelona to copy as well as look up to as we get ready for the reverse clash. “Barcelona have shown that in football nothing is conclusively done and dust until it’s completely over,” stressed a confident Ocheme yesterday.

FA CUP: CHELSEA HITS S’FINAL…

L-R: Chelsea’s Gary Cahill, Ngolo Kante, David Luiz and Victor Moses celebrating Kante’s winning goal during last night’s FA Cup quarter-final clash at Stamford Bridge. Chelsea won 1-0 to progress to the semi final to play Tottenham while Arsenal was drawn to meet Manchester City

LMC Intervenes in Clubs’ Indebtedness to Emeteole Help appears to be coming to ailing Coach Kelechi Emeteole as the League Management Company (LMC) has remitted salaries owed him by two of the three Nigeria Professional Football League (NPFL) clubs to his bank account. LMC’s intervention followed reports of indebtedness of the clubs to the coach who has been down with an ailment and needed urgent surgery at an Indian hospital. The league body deducted the amount owed Emeteole from the Annual Basic Award of the teams in question. In a letter conveying the payment to Emeteole through his wife, Phoebe, LMC Chairman, Shehu Dikko,

informed the family that the payment was made to the United Bank of Africa account of the former Heartland and Rangers gaffer. Dikko also notified the Emeteoles that the LMC was in contact with a group of former player colleagues of the coach based in the United States of America and are also launching a fund-raising campaign to get him back to his feet. The group is led by ex international, Godwin Odiye. “I wish to formally notify you that following our previous discussion, the money owed you has now been paid into your bank account, the details of which were provided us by your wife, Mrs. Phoebe

Emeteole,” the LMC wrote in the letter signed by Dikko. He explained that the LMC was unable to reach Heartland as the club was at the end of last season relegated from the NPFL. The LMC actually made the payments and would deduct the said money from the two clubs when making the payout due to NPFL clubs from sponsorship incomes. “Please note that this total sum consists of money being owed by El-Kanemi Warriors and Rangers International. We have been constrained in reaching Heartland FC for the similar purpose as the club is no longer in the NPFL”, Dikko explained in the letter to the

coach. Odiye, a teammate of Emeteole in the 1980 Nations Cup winning Green Eagles communicated the fund raising effort to the LMC through another ex-international and former Director General, National Sports Commission, Dr. Patrick Ekeji who also was in the 1980 victorious squad. Emeteole, popularly called Caterpillar in his playing days was recently diagnosed of cancer of the voice box and is in need of funds for treatment. He played for Rangers International, Spartans and Mighty Jets of Jos and also served as Assistant Coach of the Super Eagles to late Amodu Shaibu

B’Faso Lists Veteran Bance for Eagles Friendly in London Burkina Faso has named a 25-man squad for the international friendly with the Super Eagles in London on March 27 The squad is populated by most of the players who were at the 2017 Africa Cup of Nations earlier this year where Burkina Faso came third. Veteran striker Aristide Bance made the cut as well

as young goalkeeper Herve Koffi and the impressive striker Predjuce Nakoulma. Bertrand Traore is also included in the squad alongside Yacouba Coulibaly, Bayala Cyrille and Razak Traore. Burkina Faso have lined up two test games as they prepare for the 2019 Africa Cup of Nations qualifier against Mauritania.

Les Etalons will play a friendly against Morocco on March 24 before facing Nigeria four days later on March 27. FULL SQUAD Goalkeepers: Germain Sanou, Hervé Koffi, Aboubacar Sawadogo Defenders: Kabore Patterson, Ouedraogo Dylan, Paro Issouf, Malo Patrick,

Dayo Issoufou, Coulibaly Yacouba, Yago Steve. Midfielders: Traore Razack, Sare Bakary, Toure Ibrahim, Guira Adama, Kabore Charles, Traore Alain, Yabre Meyker, Stephane Aziz, Bayala Cyrille, Koura Anthony, Attackers: Prejuce Nakoulma, Aristide Bance, Traore Bertrand, Banou Diawara, Abdoul Gafar Sirima Sina

Tuesday March 14, 2017

UT H

& RE A S O

Price: N250

MISSILE VOAN to NCS “We give the Customs Service seven days from the date of receipt of this letter to comply with our demands on behalf of our client, failing which we shall not hesitate to approach the court of law to seek redress on behalf of our client and in the interest of downtrodden and oppressed Nigerians” – Tolu Babaleye, counsel to the Vehicle Owners Association of Nigeria (VOAN) threatening legal action against the Comptroller General of Nigerian Customs Service (NCS), Hameed Ali if the service fails to rescind within seven days its decision compelling car owners to pay retroactive duties on their vehicles.

TUESDAY WITH REUBENABATI Buhari’s Return: Matters Arising abati1990@gmail.com

s someone who has been in that corridor recently, I do not share the view of those who insist that President Muhammadu Buhari’s recent 50-day medical vacation was mismanaged by his handlers, up to this point. I said this much during a recent interview on Channels TV’s Politics Today with Seun Okinbaloye. In the face of the people’s rising and insatiable expectations, it is often an uphill task to balance so many considerations in a country that is so divided on all fronts. The duty of the President’s handlers is to prevent such unnecessary news that could destabilize the polity, or create a national security crisis. The President occupies the most important office in a democracy such as ours because the people look up to that office and its occupier for strength, inspiration and confidence. When a President suddenly takes ill, the implications for politics, power play and national security are far-reaching. I have already dealt with the manner in which this is so, in an earlier article online, titled “From London to Abuja in 50 days: Buhari’s return”. What is the general complaint? It is this: that the nature and the seriousness of whatever ails the President is deliberately shielded from the public. This has resulted in a lot of speculations, and anxiety. A Professor of Medicine, Femi Williams, became so concerned he began to diagnose the President’s ailment by just looking at commonplace photographs. His latest contribution is that looking at the President since he arrived, he seems to be suffering from anaemia. I don’t know what branch of medicine allows professional doctors to do diagnosis based on ordinary photographs, but Professor Williams’ interest in the matter reflects the manner in which the general populace is curious about the health of the President. This can also be traced to the President Umaru Yar’Adua experience, who died long after the Presidency had kept the people in the dark and refused to respect Constitutional obligations - the outcome of which was a national crisis. The people have the right to be inquisitive, but one of the things I learnt as Presidential Spokesperson interfacing with our country’s security agencies and agents (that is another complex and professional territory) is that there is a sharp line between the right to know and the need to know. As someone who needed information, I always insisted on the right to know, but the intelligence community on many occasions drew the blankets, and spoke about the need to know. Their argument as I understand it is that if the people are allowed to know everything then the state would be jeopardized, and national security subverted, but the grey boundary is this: whose security is more important in the long run, the people’s security or the security of power? It would seem that if President Buhari’s handlers have committed any sin, it is that they were more concerned about the security of power and office. But I argued on Channels TV that this is nothing unusual, and has been the case in other jurisdictions in Europe and

Buhari the United States. The most celebrated example is that of President Grover Cleveland of the United States, a case study on Presidential illness and the politics of power that is well reported in a book tilted “The President is A Sick Man” by Matthew Algeo. Cleveland, the 22nd and the 24th President of the United States, was one of the most popular politicians of his time. He was an orator who knew how to get the crowds excited. When he returned to power for a second time in 1893, he was regarded as a messiah of sorts. He boasted about getting America out of recession, the first recession in American history, and setting the economy on a good path. He also boasted about dealing with corruption. He would fight corruption and run a transparent government! The people cheered. But then one morning, Cleveland discovered a swelling on the roof of his mouth. It got worse. It was diagnosed as cancer. He had just taken over power. Everyone looked up to him to do the magic. It was politically inexpedient to tell the public that Cleveland was down with cancer. But the cancer was benign. But the public could not even be so informed. Cancer was a plague in those days as it is now. To undergo surgery, Cleveland’s handlers sold a dummy to the public that he was going on a vacation cruise, on a friend’s yacht for six days. A team of surgeons was put together and they performed the miracle of removing Cleveland’s cancer in 90 minutes while the yacht cruised on high seas. So important was power and Presidential appearance that they had to ensure the President’s trademark moustache was not tampered with in any way. The President returned. Nobody knew what actually happened while he was on a cruise. He wasn’t seen in public for 4 weeks. But as in Nigeria, people talk, human beings are human beings, so the story leaked and one journalist E. J. Edwards leaked the story. The White House descended on him. He was dismissed as a writer of “fake news,” and a “disgrace to American journalism.” The truth came out about 12 years later, long after Cleveland was

no longer President. Several American Presidents died in office due to ill-health. William Harrison, of pneumonia, Zachary Taylor of cholera, Franklin Delano Roosevelt of heart disease, George Washington served two terms struggling with malaria, smallpox, tuberculosis, dysentery, before finally succumbing to epiglottitis. In 1919, Woodrow Wilson had stroke for the remaining part of his presidency. The left side of his body was paralyzed, he was blind in his left eye, and was bedridden for two years. By 1920, he had lost his memory and mental health. His wife, Edith Wilson took charge and all of that was hidden from the public. Franklin Delano Roosevelt ran for President in 1932 on a wheelchair, which was conveniently downplayed by the press. By the time he ran for a fourth time in 1944, he had heart disease. Harry Truman, his Vice President didn’t see him for a whole year! Calvin Coolidge was known as the do-nothing President. After the death of his son, Calvin Jnr., he lost interest in the affairs of state and slept for 11 hours a day! In 1955, Dwight Eisenhower had a heart attack, an abdominal operation in 1956, and a stroke in 1957. John F. Kennedy took steroids twice a day to treat Addison’s disease. Bob Woodward reports in his book, Veil, that after the 1981 assassination attempt, Ronald Reagan was only alert for one hour a day! George W. Bush transferred power to Dick Cheney twice to undergo colonoscopy surgeries. In France, in 1981, Francois Mitterrand, who had promised that he would run “an open Presidency”, suddenly discovered that he had prostate cancer, which had already spread to his bones. He called his doctor aside and told him, this must be treated as “state secret”. He spent the rest of his Presidency battling with prostate cancer. Far from justifying Presidential illness, the salient point is that Presidents are human beings and their immune systems can also fail, but the politics of managing Presidential illness wherever has always been a matter of optics and power. Every President wants to be loved by his people. No President imagines that he would occupy the highest office in the land and be disliked by the same people who voted him into office. Many Presidents even consider themselves supermen, and even when they are ill, they still want to be loved. Human beings can fall ill at any time, but the lesson of the Yar’Adua experience and now, Buhari’s, whose medical condition had been long announced by the PDP during the campaigns, teaches us that the medical condition of every aspiring public office holder should now and in the future be given special attention. I stand by the point that President Buhari’s spin-doctors however did the best they could. They managed the optics: telephone calls, high profile visits. And when they saw power was beginning to shift base, they brought him back. Since his return, they have managed the optics even better. On Monday, he resumed in his office, informed the National Assembly and met with his Vice President who had acted while he was away. No one should be under any doubt that the people who manage the

President would allow him to be projected as sick and incapacitated. I recall a day in London. President Goodluck Jonathan suddenly had a stomach upset and he had to be rushed to the hospital. I was part of his Main Body, that is what we were called, that special team that he never travelled or went anywhere without and I am grateful for that special privilege. I was summoned shortly after to join him in the hospital because he wanted to issue a statement to inform Nigerians that he was indisposed and had been hospitalized. When I got to the hospital, I was received by a team of powerful players who delivered Oga’s message at the reception and asked me to do a draft there and then for all of us to consider and approve. After preparing the statement, I insisted on seeing the President for approval. They told me the doctors were busy with him and they wanted him to rest. I protested that I could not issue a statement without his direct approval. They told me not to worry that this was an emergency situation, and I could see the President later. It was a short, harmless statement, informing Nigerians that the President was indisposed but it was nothing to worry about. About an hour later, I went up to see the President. First, he asked why I didn’t come up to see him to issue the statement he wanted. I told him I already did so, because I had been told what he wanted me to say. He asked to see a copy of the statement I issued. I handed it over. He read it. He was upset. “This press release does not disclose that I am here just because of a stomach upset. You have to tell the people what the exact ailment is to prevent any speculation. If you don’t state it as it is, you will allow people to start guessing.” The powerful players who told me what the President wanted and that it was an emergency were by my side. I just muttered: “Sorry sir.” “Anytime I am ill, just tell Nigerians what exactly is wrong with me. That is why I sent for you. Nobody knows tomorrow, but whatever is related to my health as President, you must inform Nigerians fully.” When President Jonathan is interested in a conversation with you, he will look directly into your eyes. But the moment he looks away and starts fidgeting or he is busy trying to attend to something else, it means he has dismissed you. I got the message. “Sorry sir”. I left his bedside. The people who talked to me, followed me. One of them said: “Abati, don’t worry yourself, that is a very good statement. Don’t mind him. He wants you to tell Nigerians that he has stomach upset. Before you know it now, the papers tomorrow will report that the President has lost the stomach for the job, and our enemies will start using that against us.” The job of a Presidential spokesman is definitely the second most difficult job in the Presidency. We were told for 50 days that President Buhari was hale and hearty, but he came back and said: “I have never been so sick!” He also gave the impression that his treatment is still inconclusive.

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