Tuesday 21st March 2017 by THISDAY Newspapers Ltd

Finally, AMCON Sells Keystone Bank for N25bn to New Investors Former Sigma Pensions CEO, Modibbo, part of consortium Obinna Chima The Asset Management Corporation of Nigeria (AMCON) yesterday announced Sigma Golf

Nigeria Limited and Riverbank Investment Resources Limited (the Sigma Golf-Riverbank consortium) as the new investors that have acquired

the entire issued and fully paid up ordinary shares of Keystone Bank Limited, formerly BankPHB Plc. This followed the receipt of the necessary regulatory

approvals from the Central Bank of Nigeria (CBN) and the Securities and Exchange Commission (SEC). AMCON in a statement yesterday explained that

the completion of the transaction was subject to the fulfilment of the conditions precedent as stated in the Share Sale and Purchase Agreement

(SPA) executed between AMCON and the Sigma Golf-Riverbank consortium. Continued on page 8

Naira Sustains Gains on Parallel Market as CBN Auctions $180m… Page 10 Tuesday 21 March, 2017 Vol 22. No 8006. Price: N250

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Adeosun Gives Conditions for Further Release of Paris-London Clubs Refunds

Payments subject to the current and projected cash flows of the federation Final refunds to be released after reconciliation with states To publish information on refunds Col Umar asks FG to suspend payments over high consultancy fees Ndubuisi Francis in Abuja The Minister of Finance, Mrs. Kemi Adeosun, yesterday doused the expectations of the 36 state governors on the further release of ParisLondon Clubs refunds to the states, making it clear that any further payments was dependent on the current

and projected cash flows of the federation. She also said that the complete and final refunds would only be released and published after each state and the federal government have reconciled and agreed on the sums due. Continued on page 9

Mohammed Abacha, Pecos Energy Ask Court to Declare Them Owners of Malabu Oil

Alex Enumah in Abuja

There seems to be no end in sight to the issues arising from the Malabu Oil deal, as some stakeholders in the company yesterday filed a fresh law suit against the federal government, Shell,

Agip and seven others over the alleged illegal transfer of their stake in Oil Prospecting Licence (OPL) 245, which was once held by Malabu Oil and Gas Limited before its eventual sale to Shell and Agip. Continued on page 8

30 Killed as Unknown Gunmen Attack GRATITUDE FROM THE OGBEMUDIA FAMILY… Son of the late Brig.-Gen. Samuel Ogbemudia, former Governor of the Old Mid-Western State and later Bendel State, Zaki Ibiam Town in Benue… Page 10 L-R: Samuel Ogbemudia Junior, presenting a thank you letter to Edo State Governor, Godwin Obaseki, in Benin City... yesterday

T H I S D AY TUESDAY MARCH 21, 2017

Contâ&#x20AC;&#x2122;d on Lawyer page 16

TUESDAY, march 21, 2017 • T H I S D AY

PAGE EIGHT

NNPC Shops for $15bn to Build 4,000MW Power Plants Chineme Okafor in Abuja The Nigerian National Petroleum Corporation (NNPC) has disclosed that it would invest about $15 billion to build thermal power plants with a combined generation capacity of 4,000 megawatts (MW) across the country over the next 10 years. It said three of the power plants with a combined output of 3,100MW would be built in Abuja, Kaduna and Kano, along the route of its Abuja-Kaduna-Kano (AKK) gas pipeline corridor currently under construction and from which gas supply to them would be guaranteed. It also stated that as part of the business model for the construction and operation of the power plants, Incorporated Joint Venture (IJV) companies

involving the NNPC, international power companies and other Nigerian investors, would be set up. The IJVs, NNPC said, would be structured after the current business model used by the Nigerian Liquefied Natural Gas (NLNG) Limited. According to a statement yesterday from the Group General Manager, Public Affairs Division of the corporation, Ndu Ughamadu, the Chief Operating Officer (COO), Gas and Power of NNPC, Saidu Mohammed, disclosed this plan at the 2017 retreat of his Autonomous Business Unit (ABU). Mohammed, according to the statement, noted that the power plants would be independent power plants and the new thinking involved the extension of NNPC’s major

gas pipeline infrastructure into a robust network to connect various parts of the country. “Power generation is big business. As of today, NNPC has interest in two power plants, one in Okpai, Delta State, and the other in Afam, Rivers State, which were respectively built by our joint ventures with Nigerian Agip Oil Company (NAOC) and Shell Petroleum Development Company (SPDC). “These two power plants collectively generate up to 1,000MW and they are the most reliable and cheapest source of power to the national grid in Nigeria today,” Mohammed said. He added that plans were underway to commence Okpai Phase II power plant and that other joint venture power plants like Obite and Agura

would also be progressed soon to boost power generation in the country. Mohammed also stated that work on the Abuja-KadunaKano gas line would progress as planned, adding: “The main base-loads to justify such infrastructure are power plants that would consume the gas and for that, we are planning to build about 2,000 to 3,100MW combined in these three cities.” On the IJV model to be adopted for the plants, he said: “The partnership will involve players who will bring in their various capacities as operators, builders of power plants and as investors. “NNPC will also bring its strength of being a dominant player in the Nigerian gas value chain.” He stated that NNPC as a

stakeholder in the gas value chain, has developed the capabilities in processing, transporting and marketing of gas for export and domestic utilisation and the nation’s gas resources have the potential of changing the economy for the better. “If you generate enough power, the multiplier effect will revive most of the moribund industries across the country. “NNPC intends to capture 50 per cent of the gas market in Nigeria by growing the Nigerian Gas Marketing Company (NGMC) from the 500 million standard cubic feet/ day of gas that it is doing today to about 3 to 4 billion standard cubic feet/day in the next 10 years,” he explained. On the cost implications, Mohammed said NNPC would require about $15 billion

to realise these aspirations of his unit and discussions were already underway with investors across the globe to address Nigeria’s gas supply deficit by building on the already existing gas infrastructure. Mohammed equally noted that in line with the country’s gas master plan, the NNPC would be producing gas with its joint venture partners, as well as partnering with other interested Nigerian investors to build gas treatment plants. “We are going to unbundle the upstream sector by delineating the midstream so as to allow other players operate in it while NNPC as the operator of the pipeline network will continue to deliver gas to the downstream sector and ultimate consumers,” he stated.

MOHAMMED ABACHA, PECOS ENERGY ASK COURT TO DECLARE THEM OWNERS OF MALABU OIL The stakeholders comprising Malabu Oil and Gas Limited, Alhaji Mohammed Sani Ahmed (Abacha) and Pecos Energy Ltd as the first and third plaintiffs respectively in the suit are challenging what they claimed to be the illegal divestment of their shares in OPL 245. Others sued alongside the federal government and the two oil multinationals are Mr. Kweku Amafegha, Munamuna Seidougha, Amaran Joseph, the Corporate Affairs Commission (CAC), the Attorney General of the Federation and Minister of Justice, Minister of Petroleum Resources and Department of Petroleum Resources (DPR). In the suit filed at the Federal High Court Abuja, the plaintiffs are seeking “a declaration that the second and third plaintiffs jointly hold seventy per cent equity shareholding in the first plaintiff (Malabu Oil)”. Last week, some stakeholders in Malabu Oil, including Mohammed Sani Abacha, in a bid to reclaim ownership of OPL 245 filed a suit against the federal government and others at the Federal High Court. They had alleged that

government reallocated the oil block to Shell and Agip without the consent of Malabu Oil in which they claimed that they owned the largest shareholding. In the latest suit, the plaintiffs are further seeking “a declaration that the second and third plaintiffs have never divested their respective shares in the first plaintiff and continue to be shareholders and directors of the first plaintiff”. Other prayers the plaintiffs are asking from the court is the declaration that all the resolutions passed by the purported directors of the first plaintiff and all alterations made to the first plaintiff’s document in its original file at the fourth defendant’s office (CAC) which affected and changed the shareholding structure of the first plaintiff from 1998 to 2010 were unauthorised, illegal, null, void and of no effect. They are further seeking “a declaration that forms CAC 2 and 7 (Statement of Share Capital and Return of Allotment of Shares) dated 9th June, 2010 prepared and filed by one Ayo Ademola purporting to transfer the second plaintiff’s

10,000,000 shares in the equity of the first plaintiff to one Seidougha Munamuna (second defendant), 6,000,000 shares of one Kweku Amafagha (first defendant) to Amaran Joseph (third defendant), and Hassan Hindu’s 4,000,000 shares to the same Amaran Joseph is illegal, null and void, same having been prepared and filled are without the consent, knowledge and authority of the second and third plaintiffs”. The statement of claims filed in the court also asked for: “A declaration that the resolution dated 9th June, 2010 purporting to validate the three (3) Shares Transfer Agreements of the same date, 9th June, 2010 purportedly transferring the shares of the second plaintiff to Seidougha Munamuna (second defendant), the shares of Kweku Amafagha (first defendant) and Hassan Hindu to Joseph Amaran (third defendant) are all null and void, not having been authorised by the second and third plaintiffs.” Also the plaintiffs want a declaration that the purported surrender of Malabu Oil’s title, rights and interest in OPL 245 to the Federal Government

of Nigeria under the Malabu Settlement Agreement dated 29th April, 2011, whereby the oil company allegedly relinquished all claims to OPL 245 and agreed to all future actions which the Federal Government of Nigeria may take with respect to OPL 245 is null and void, adding that the said surrender having been carried out on behalf of the first plaintiff by persons who had no authority to so act. Furthermore, the plaintiffs are praying for a declaration that the subsequent purported allocation of Malabu Oil’s titles, rights and interest in OPL 245 to a consortium of Shell Nigeria Exploration and Production Company Limited (fifth defendant) and Nigerian Agip Exploration Limited (sixth defendant) under a resolution agreement dated 30th April, 2011 is null and void, same having been predicated on the unauthorised surrender of the first plaintiff’s interest in same. They are therefore asking the court for an order setting aside all other subsequent purported resolution agreements made between the Federal

FINALLY, AMCON SELLS KEYSTONE BANK FOR N25BN TO NEW INVESTORS But it did not state what the winning bid was for Keystone Bank. Neither did the statement from AMCON clarify if there was a reserve bidder in the event the Sigma Golf-Riverbank consortium fails to meet the payment terms for the acquisition of Keystone Bank. However, THISDAY gathered that the bank, which was valued at almost N4 billion, was sold to the Sigma Golf-Riverbank consortium for N25 billion

($81.5 million), while the reserve bidder offered N13 billion ($42.4 million) for Keystone Bank. It explained that the Sigma Golf-Riverbank consortium comprises Sigma Golf Nigeria Limited and Riverbank Investment Resources, both of which are entities set up by local investors. Further investigations by THISDAY revealed that one of the financiers of the consortium is the former Managing Director/CEO of

CORRECTION In our report on the retirement of the former Deputy Managing Director (DMD) of Guaranty Trust Bank Plc (GTBank), Mrs. Cathy Echeozo, published on March 20, 2017, we erroneously reported that Echeozo has retired from the Board of Directors of GTBank having spent the mandatory three terms of four years. Echeozo actually retired from bank as the DMD, hence her retirement from its board. We also erroneously reported that Echeozo joined the bank in 2005. Echeozo actually joined GTBank in 1993 and was appointed Executive Director of the bank in 2005. She was thereafter appointed DMD of the bank in October 2011. The errors in the report are most regretted. - Editor

Sigma Pensions Limited, Mr. Umar Hamidu Modibbo. Modibbo and his brother, Adamu Mu’azu Modibbo, a former governorship aspirant in Adamawa State were the founders of Sigma Pensions, a pension fund administrator (PFA), until its sale to Actis LLP, a private equity investor in emerging markets, in November 2015. “This process started with interest shown by 18 parties cutting across local and international investors. The emergence of the Sigma GolfRiverbank consortium resulted from a rigorous and competitive bidding process, which was coordinated for AMCON by Citibank Nigeria Limited and its affiliates and FBN Capital (Joint Financial Advisers), and Banwo & Ighodalo and Crosswrock Law (Joint Legal Advisers),” AMCON added. AMCON in February last year invited prospective investors to express interest in the acquisition of Keystone Bank.

The corporation had in a publication explained that in furtherance of its strategic objectives, it had decided to divest of its shareholding in Keystone Bank. Based on the audited financial statement of the bank as of June 30, 2015, Keystone Bank’s total assets stood at N317.6 billion, customer loans at N98.2 billion, customer deposits at N245 billion and total equity at N18.9 billion. As of December 2015, Keystone Bank had four operational subsidiaries, of which two are international; and a distribution network comprising 156 branches, 22 cash centres and 306 ATMs. Keystone Bank is the last of the three banks that were purchased by AMCON through a bridging process during the banking crisis of 2009. The other two banks formerly owned by the corporation – Mainstreet Bank and Enterprise Bank – have since been sold to core investors.

Government of Nigeria, Shell Nigeria Ultra-Deep Limited, Shell Nigeria Exploration and Production Company Limited (fifth defendant), Nigeria Agip Exploration Limited (sixth defendant) and the Nigerian National Petroleum Corporation (NNPC), predicated on the Malabu Settlement Agreements transferring the first plaintiff's interest in OPL 245 to Shell Nigeria Exploration and Production Company Limited (fifth defendant) and Nigeria Agip Exploration Limited (sixth defendant). The plaintiffs are also asking the court for an order setting aside the letter dated 11th May, 2011 with reference no: HMPR/07/01 addressed to the Managing Director of the sixth defendant titled RE: OPL245 Resolution Agreement/Letter of Award signed by the then Hon. Minister of Petroleum Resources, Diezani Allison Madueke to grant approval for the said award of OPL 245 jointly to Shell Nigeria Exploration and Production Company Limited (fifth defendant) and Nigerian Agip Exploration Limited (sixth defendant). The plaintiffs also want a declaration that Malabu Oil is the holder and continues to hold all the titles, rights and interests in OPL 245. In the plaintiff’s joint statement of claims, it stated among others that the issued share capital upon incorporation of Malabu Oil was N20 million divided into 20 million ordinary shares with a nominal value of N1 each and the equity of the oil company shared amongst its initial subscribers and their respective holding was as follows: Mohammed Sani - 10m shares (50%); Kweku Amafegha - 6m shares (30%) and Hassan Hindu - 4m shares (20%). The plaintiffs also averred that the Articles of Association of the oil company prescribes that the shares are transferable by written instruments signed by the transferor to the transferee and the transferor remains the shareholder until the transfer is entered in the first plaintiff’s register of members. The plaintiffs said that neither the second plaintiff nor the third plaintiff has ever signed any instrument, document

or allowed any documents to be signed on their behalf purporting to transfer their original shares in the equity of the plaintiff. More so, the plaintiffs in their particulars of fraud stated “that the first to the third defendants and their cronies fraudulently altered the shareholding structure in the equity of the first plaintiff in the years 1998, 2000, 2006 and 2010 without the authorisation, consent and knowledge of the second and third defendants”. They further claimed that the sum of $1,092,000,000.00 was paid into a Federal Republic of Nigeria domiciliary escrow Account No. 41454193 domiciled in JP Morgan Chase Co. London to be passed to Malabu Oil and Gas as consideration for the surrender of its asset (OPL 245), which was frittered away by Amafagha, Seidougha and Chief Dan Etete and that Malabu Oil did not benefit a dime from the transaction. It was also averred that the AGF and Minister of Petroleum Resources connived with some officials of the federal government without regard to due process, caused and facilitated the execution of the illegal surrender and purported reallocation of OPL 245 to Shell and Agip and the subsequent transfer of the compensation from the FGN account to the first-third defendants. A date is yet to be fixed for hearing of the suit.

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T H I S D AY • TUESDAY, MARCH 21, 2017

PAGE NINE

Nollywood is Giving the World a Taste of True African Glamour There’s a buzz in Nollywood right now. Last month the romantic comedy The Wedding Party became the first movie from Nigeria’s growing film industry to break N400 million ($1.3 million) mark. And in 2016, Nollywood’s combined box office topped N3.5 billion ($11.5 million) with 30% of ticket sales generated by local movies. To a Hollywood watcher, those numbers will seem tiny, but for a burgeoning movie business growing out of years of rampant disc piracy and a battered economy, this was a breakthrough. Nigeria’s movie industry has become the country’s second largest employer and shows huge potential as an export product to the rest of the world. This is especially important for a Nigerian government which is keenly aware of the need to diversify from its over-reliance on oil for 90% of its export revenue. Not only was The Wedding Party a commercial success, it was critically acclaimed when it made its debut at the influential Toronto International Film Festival last year. Still, despite Nollywood’s significant rise in production values and its already huge popularity globally, Nigeria’s movie business is still often perceived as an industry of disposable, poorly shot, and badly edited movies. Outside of the odd award show, its star actors, directors, and producers are rarely seen as creators of great art. New York artist Iké Udé is setting out to fix that by

reframing the Nollywood image in a new coffee table book called Nollywood Portraits: A Radical Beauty. Published by the Milan-based Skira Editore, it features 66 original portraits of Nollywood’s biggest stars, and features a foreword by Harvard’s Henry Louis Gates. The glamorous posed portraits—some inspired by the style of the Italian Renaissance painter Raphael—capture many of the biggest stars of the genre as their fans likely haven’t seen them before. Udé, whose work has featured in the Guggenheim Museum and the New Yorker, says modern Nigerian culture doesn’t celebrate its heroes and heroines enough. “We need to valorize Nollywood,” he says. The artist, who left Nigeria to study in the United States back in the 1980s, wasn’t a Nollywood fan, but after seeing some movies through relatives and meeting some stars, he became enamored with the culture. He enlisted his project partner, Osahon Akpata, to create the book and an upcoming documentary. Taiwo Ajai-Lycett, a doyen of Nigerian TV and movies, says the book is long overdue and said she loved working with Udé. “It’s important for the world to see what we’re doing here, no matter how nascent it is,” says the 76-year-old, who has been acting in the UK and Nigeria since long before Nollywood was established. Ajai-Lycett argues that the industry shouldn’t pander to the lowest common

MOVIE

BOX OFFICE (NGN)

DIRECTOR

THE WEDDING PARTY (2016)

450 million

KEMI ADETIBA

A TRIP TO JAMAICA (2016)

179 million

ROBERT PETERS

30 DAYS IN ATLANTA (2014)

137 million

ROBERT PETERS

FIFTY (2015)

94 million

BIYI BANDELE

76 (2016)

72 million

IZU OJUKWU

WIVES ON STRIKE (2016)

71 million

OMONI OBOLI

HALF OF A YELLOW SUN (2013) 60 million

BIYI BANDELE

OCTOBER ONE (2014)

60 million

KUNLE AFOLAYAN

THE CEO (2016)

60 million

KUNLE AFOLAYAN

IJÉ (2010)

60 million

CHINEZE ANYAE

denominator with glamor and beauty alone—it should also discuss important social issues, such as the treatment of women in society. “It’s now the responsibility of Nollywood itself to raise its game in terms of knowledge, substance and quality of what we produce,” she says. “We owe it to our audience.” Kehinde Bankole, the star of movies including October 1 and The Meeting, agrees that it’s more than just a business. “It’s both art and popular culture,” she says. “Most of the material we put out are the things that happen in our immediate environment, but you can also see our aspirations for Africa. Sometimes we shoot things that we hope will happen.” The aspirational aspect of Nollywood’s features is often overlooked in explaining its impact on the wider pan-African diaspora. Some Nollywood movies show real life in Nigeria, warts and all.

But, as in Hollywood, many movies highlight the lives of the upper-middle classes, an aspect of African life that’s rarely seen. The big homes with servants and drivers of multiple expensive cars, the glamorous fashion, and the over-dramatized storylines have appealed to viewers across Africa and from as far afield as the Caribbean. Even those who might struggle to follow the idiosyncrasies of the Nigerian-English dialogue are attracted to the novelty of seeing people that look like them on screen, living the high life. “For people like me who love movies, the early days of Hollywood are the stuff of myth making and legend,” writes Henry Louis Gates in his foreword. “But in Nigeria, from Lagos to Asaba, it is happening now and it remains one of the most captivating places in the world to tell stories.”

The pan-African appeal, as well as the vast African diaspora in Europe and the US, have attracted both financial investors and strategic partners from South Africa’s Multichoice TV to Netflix. Kunle Afolayan, one of the leading Nollywood directors (and a 2015 Quartz Africa Innovator honoree), signed a deal with Netflix in 2015 to distribute his award-winning psychological thriller, October 1, set around Nigeria’s journey to independence in 1960. Afolayan, speaking on the set of a new feature called The Tribunal, backed by South African TV company Africa Magic, says the partnerships have been crucial. The Tribunal, which focuses on discrimination and Nigeria’s employment culture, is being made for TV but Afolayan will retain rights to have it distributed on other platforms, including cinema and online, at a later date. He also sits on the advisory board of a government-backed Bank of Industry, which has also backed movies by up-and-coming directors at below typical commercial bank loan rates. It’s one of Nigeria’s initiatives to help the country diversify its economy. It’ll be a long time before Nollywood has a major impact on Africa’s largest economy. For one thing, local movie theater infrastructure is only just catching up with the rate of local movie production. While many movies are streamed online, internet speeds and costs are still such that many people only

watch extended video from the office, according to the streaming pioneer IrokoTV. But with a population of 180 million Nigerians, and many more fans across the continent and diaspora, there is undoubtedly huge potential. “If Wedding Party can do $1 million when we only have 25 cinemas in this country, then you can imagine how much we’ll be doing soon as we build more and more cinemas,” says Afolayan. “The days of relying on DVDs are over—it was a piracy nightmare. Now, this business is about the cinemas and TV. ” Nollywood may find a similar trajectory to India’s Bollywood, whose golden age of popular low-budget fare took off in the 60s and 70s, helped globally by the growth of Indian diaspora around the world. But in recent decades Bollywood has produced many arty and critically-acclaimed movies with budgets close to Hollywood productions. Conversations with actors and directors in Nollywood tend to quickly gravitate to their ambitions for the industry as a whole, and not just their personal or individual careers. Udé said this was one of the attractions of the project. “I am optimistic about the future of Nollywood because when you really spend time with the talents, they are boundless with ambition,” Udé says. “They want to be as good as they are in Hollywood. They are so eager to better themselves, I was very inspired by that. It surprised me.” • Culled from Quartz Africa

commitment of the administration to publish all relevant information on the Paris-London Clubs refunds. Several groups and individuals, including the Nigeria Labour Congress (NLC), have alleged that some states diverted the first tranche of the Paris-London Clubs refunds, and called for a probe of the state governors. However, the Nigerian Governors’ Forum (NGF) on Sunday debunked the allegation. The NGF said since the current leadership of the body stepped into the matter, which started as far back as 2005, nothing illegal had been committed in the entire process leading to the final disbursement to states of the first tranche of Paris-London Clubs repayment of the excess deductions from states’ coffers and the refund of their loans. The governors also revealed that in the course of pursuing their refunds for the past 12 years, some states negotiated fees of between 10 and 30 per cent with consultants that they contracted to assist them with the recovery of the excess deductions from the states. Indeed, a law firm – Edward and Partners – based in Nigerian and the United States, has written a petition

to the National Assembly demanding that its fee of $86 million be paid for facilitating the recovery of $3.189 billion from the Paris-London Clubs. But reacting to the revelation that some states entered into contracts with consultants to recover the funds for as much as 10 to 30 per cent, a former military governor of Kaduna State, Col. Abubakar Dangiwa Umar (rtd.), described the revelation as shocking and called on Buhari to suspend the release of the second tranche to the states. In a statement yesterday, he said: “It is now revealed that some state governors contracted consultants with fees ranging from 10 to 30 per cent to secure refunds from the Paris-London Clubs. “With this shocking revelation, President Muhammadu Buhari should suspend his order to the Federal Ministry of Finance and the Central Bank of Nigeria (CBN) on the release of the second tranche of the refunds. “It is also evident now that most of the earlier released funds were deployed for other purposes than the payment of salaries and pension arrears as directed by Mr. President. “This impunity has got to stop,” he said.

ADEOSUN GIVES CONDITIONS FOR FURTHER RELEASE OF PARIS-LONDON CLUBS REFUNDS She equally stated that the second and subsequent tranches will be tied to the outcome of the independent monitoring of compliance with the terms and conditions attached to the previous releases as agreed to between the federal government and the state. The minister further reaffirmed the federal government’s commitment to publish all relevant information on the ParisLondon Clubs refunds to the states. The federal government’s position is coming on the heels of the deluge of calls for an inquiry into how the first tranche of the Paris-London Clubs refunds were expended by some states. Adeosun, who expressed the administration’s commitment to publish relevant information on the Paris-London Clubs refunds, said the government deemed it necessary to address the issue. In a statement issued by her Media Adviser, Mr. Festus Akanbi, the minister assured the public that the federal government has consistently complied with all extant rules and regulations in the disbursement of the Paris-London Clubs refunds

to the state governments. “The federal government’s disbursement process is transparent and targeted at the attainment of specific economic objectives. The inability of some subnational governments to meet salary and other obligations was considered inconsonant with the federal government’s economic stimulus programme. “Claims with regard to over deductions had been made to the federal government, consistently since 2005. “The Debt Management Office (DMO) initially requested for a period of 22 months to complete the reconciliation and facilitate disbursement. “However, President Muhammadu Buhari, considering the plight of salary earners and pensioners and the need to stimulate the economy, directed that the exercise be completed within 12 months,” the statement added. According to the minister, Buhari also gave an express anticipatory approval for the release of up to 50 per cent of the claim of each state, pending final reconciliation. She stated that the reconciliation was undertaken by the DMO, Office of the

Accountant General of the Federation (OAGF) and the relevant state governments. “Accordingly, the disbursements are staggered in batches and payments are only made when the claims of each state have been reconciled with the facts at the disposal of the federal government. “Specifically, information was available that some states had been paid either in full or in part, under previous administrations. This necessitated a more detailed review for the states in question,” Adeosun clarified. The release of the first tranche, representing up to 25 per cent of claims, being N522.7 billion, she added, commenced in December 2016. Disbursement, she stressed, was subject to an agreement by state governments that 50 per cent of any amount received would be earmarked for the payment of salaries and pensions. “In addition, each governor gave an undertaking that excess payments would be recovered from the Federation Accounts Allocation, if the final reconciliation found that the amount paid under the anticipatory approval

exceeded that due. “It is standard practice in the Ministry of Finance to undertake independent monitoring of compliance with the terms and conditions of funds released. This will be conducted in due course. “To date, nine batches have been processed while some balances remain outstanding to the possible credit of a number of states. “Given the foregoing, complete and final figures can only be released and published after each state and the federal government have reconciled and agreed on the sums due,” she said. She recalled that at the National Economic Council meeting last Thursday, the president had directed her and Central Bank of Nigeria (CBN) Governor, Mr. Godwin Emefiele to commence the process of resolving the balance of the approved amount. According to Adeosun, the overriding consideration for any further releases will be the current and projected cash flows of the federation, as well as the outcome of the independent monitoring of the compliance with terms and conditions attached to the previous releases. She reaffirmed the

TUESDAY, MARCH 21, 2017• T H I S D AY

NEWS

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

Police Parade 38 Suspects Linked to Ife Mayhem Paul Obi in Abuja The Nigerian Police yesterday paraded suspects caught in the Ile-Ife crisis in Osun State, which led to several deaths and destruction of property. Police spokesman, Jimoh Moshood, said the arrest of the suspects was due to efforts of

combined forces deployed to the area. He said: “It will be recalled that consequent on the unfortunate clashes, disturbance of public peace and mayhem that occurred in Ile-Ife on March 8, 2017, which resulted in the loss of innocent lives, destruction of property worth millions of

30 Killed as Unknown Gunmen Attack Zaki Ibiam Town in Benue George Okoh in Makurdi The security situation in Benue State is worsening by the day as unknown gunmen yesterday killed about 30 residents of Zaki Ibiam town in Ukum Local Government Area of the state. The incident occurred around the Zaki Ibiam yam market. Most of those killed were said to be traders and businessmen. According to an eyewitness, the attack started around 2p.m., adding that “the gunmen stormed the yam market on about 12 Bajaj motorcycles and four Toyota Corolla cars and started shooting at anyone in sight.” Several cars and a fuel station were also razed as pandemonium engulfed the area. The eyewitness described the incident as a bloodbath. When contacted, the state Commissioner of Police, Bashir Makama, confirmed the killings but stated that the police were yet to ascertain the exact number of casualties. Meanwhile, as the killings were going on, Governor Samuel Ortom was giving a run down of the security situation in state and measures

taken by his government to bring an end to the invasion and attacks by herdsmen on innocent people of the state. He stated that his decision to expel Fulani herdsmen in the affected areas of the state was to pave the way for Tiv farmers to continue their farming activities. Ortom insisted that it was impossible for herdsmen and farmers to operate in harmony, pointing out that his administration would not fold its arms and allow people fall prey to foreigners and killers and it was his government’s responsibility to ensure security for the people The governor further cautioned against confrontations as the herdsmen make their way out of the state, adding that the security operatives would ensure they move out safely to where they came from. Also speaking with the residents, the state police commissioner, on behalf of other security agencies, called for caution among youths and urged them to restrain themselves from resorting to violence at the slightest provocation but to remain patient. Makama promised that the security agencies would not relent in the discharge of their duties.

naira, and the need to put an end to the crisis, the Inspector General of Police (IG), Ibrahim Idris, deployed Police Special Intervention Force, comprising five units of the Police Mobile Force (PMF) specially trained anti-riot policemen, five cells of Counter Terrorism Unit, conventional policemen, Special Anti-Robbery Squad, Intelligence Response Team, Technical Intelligence Unit, SIB, detachment of EOD, Police K9 (Sniffer Dogs Section), with their headquarters in Ile-Ife, led by the Commissioner of Police in charge of PMF, Force Headquarters, Abuja. “The operations covered the entire Ile-Ife and its environs, as well as other trouble spots in the state, and was successfully executed, leading to the arrest, detention and investigation of 38 suspects out of which 20 were found culpable for direct and indirect participation in the killing of innocent people, maiming and destruction of properties of the victims worth millions of naira. They will be prosecuted on completion

of investigation, while the remaining 18 suspects have been released unconditionally for lack of prima facie evidence against them yet. “The affray which arose from an altercation between the said Kuburat and Mohammed, was amicably settled on March 6, 2017.” Moshood explained that “based on the report at the Moore Police Station, a case of conduct likely to cause breach of peace was made against Kuburat and Mohammed and on getting to the scene; the police team met two groups comprising Hausa and the Yoruba people throwing stones at each other. “The riotous groups were dispersed and calm was restored. The responding Police teams maintained presence at Sabo area of Ile Ife up till the next day. “Unexpectedly, on March 8, 2017, the peace of the area was shattered with the eruption of crisis that led to the gruesome killings of 46 people. A total of 96 other persons were taken to Obafemi Awolowo University Teaching Hospital (OAUTH)

out of which 81 of them were treated and discharged, while 15 of the victims are still on admission receiving treatment. “The Police Special Intervention Force deployed to quell the crisis did not engage in indiscriminate arrests as being reported in some media but worked on actionable intelligence and other information gathered during and after the crisis. “And that is why 18 suspects found not to be involved in the crisis were released unconditionally. “Traditional rulers, religious leaders, public office holders, politicians, opinion leaders, parents and guardians are hereby called upon to prevail on their subjects, supporters, children and wards to support the personnel of the Police Special Intervention Force still on ground in Ile Ife and other flash points in the state in the discharge of their responsibilities, and propagate peace, demonstrate love and tolerance to promote harmonious coexistence with their brothers and fellow citizens,

irrespective of religious, ethnic or political inclinations and differences. “The IG hereby assures the good people and communities of Ile-Ife and other parts of the state of adequate security and protection of their lives and property,” Moshood stated. Some of those arrested are: Eluwole Akeem, Eluwole Kuburat, Ayoola Abimbola, Bello Wahab, Prophet Taiwo Fakumajo, Oba Ademola Ademiluyi and Ademola Olaide. Others are Adejuba Damilare, Adewoyin Saheed, Akindoyin Olawole, Akobi Olatunji, Ibrahim Yinusa, Ibrahim Yahusa, Shehu Nura, Suraju Maijega, Inuwa Aminu, Umar Isiaka, Aminu Umaru, Awofesonbi Adewale, Peter Omisope and Adefisan Isaac. The list also included: Adelekan Kehinde, Elufisan Akintoye, Omisanmi Isaac, Olanrewaju Daniel, Seyi Akinyombo, Adejube Monday, Olanrewaju Adebayo, Akanbi Adeyinka, Obimakinde Samuel and Alhaji Zakariyau Abdulayekini.

INEC HEAVYWEIGHTS Ondo Assembly Crisis Eases as R-L: Chairman, Indepedent National Electoral Commission (INEC), Prof. Mahmoud Yakubu; National Commissioners, Mr. Solomon Speaker, Principal Officers Resign Soyebi; Mohammed Haruna; and Mrs. May Agbamuche-Mbu, during a meeting with the media in Abuja....yesterday Julius Atoi James Sowole in Akure

by Governor Rotimi Akeredolu. The other factional The tension caused by the leadership crisis in leadership of the House the Ondo State House of is expected to do same to Assembly is gradually pave the way for the election dissipating, as the Speaker, of new principal officers of Hon. Jumoke Akindele, the assembly. However, the factional yesterday resigned her position along with other speaker, Malachi Coker, who leads the other group, principal officers. The resignation, THISDAY presided over a plenary learnt, came on the heels session of the assembly with of reconciliation between members of his group in the two warring factions attendance while members of the Akindele’s group of the assembly. The resignation letter boycotted the sitting. Other officers that signed by Akindele and other principal officers, was resigned with Akindele addressed to the Clerk of are the Deputy Speaker, Fatai the assembly, Bode Akinyelu, Olotu, the Majority Leader, and copies sent to the Dayo Akinsoyinu, the Chief Governor, Rotimi Akeredolu. Whip, Kwmisola Adesanya. In the letter, the officers The letter of resignation of the principal officers said they took the decision in was officially received the interest of peace and in view this morning yesterday of political configuration.

Naira Sustains Gains on Parallel Market as CBN Auctions $180m

Obinna Chima

The naira sustained its momentum on the parallel market yesterday, where it appreciated by N5 to close at N444 to the dollar, stronger than the N449 to the dollar last Friday. The gain was largely influenced by the increased dollar liquidity in the economy as the Central Bank of Nigeria (CBN) continues its intervention in the interbank foreign exchange (FX) market. The CBN yesterday offered $180 million to dealers in the interbank FX market. A breakdown of this showed that the bank sold $100 million to meet bids for wholesale intervention forwards and

another $80 million to meet requests for invisibles such as medicals, school fees and personal travel allowances. Confirming the figures, the acting Director, Corporate Communications Department, CBN, Isaac Okorafor, said the wholesale requests would be settled today (Tuesday), adding that the closing interbank rate for Monday, March 20, 2017, was N307.5/$1. With the development, it was expected that the naira would further strengthen in the foreign exchange market in the days to come. While disclosing that the bank had so far met all the legitimate demands from genuine customers, Okorafor

reiterated that the CBN would ensure sustainable FX liquidity and transparency in the process to enable as many customers as possible get access to the foreign exchange they genuinely demand. He therefore advised eligible individuals with genuine foreign currency needs to freely approach their banks and authorised dealers with their request, stressing that the CBN had made adequate provisions of foreign currency for all such legitimate purposes. CBN Governor, Mr. Godwin Emefiele, recently said the central bank was acting in the best interests of ordinary Nigerians, regardless of the noise from the few entrenched interests

whom the bank’s policies may be hurting. He added: “Let me also reiterate the central bank’s willingness, determination, and capacity to continue to meet all legitimate transaction-based FX demands in the market. I obviously cannot be of help to people or businesses who are into speculative FX demand. My promise instead to this group, whether foreign or local, is that the CBN will make sure they lose money!” Emefiele therefore stressed the need for Nigerians, especially policy makers, to develop a sense of national consciousness in carrying out their duties.

T H I S D AY TUESDAY MARCH 21, 2017

T H I S D AY TUESDAY, MARCH 21, 2017

COMMENT

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

REGIONAL COOPERATION IN AFRICA

The strength of Africa’s cooperation with the rest of the world lies in its ability to cooperate with itself, argues Abubakar Bukola Saraki

or everyone concerned about a more equitable world order and the place of Africa in it, there could not have been a more important topic for discussion at a forum which brings global leaders in business, politics and the civil society together. Over the last seven decades or so, we have witnessed a steady evolution in the agenda of South South cooperation. From the liberation struggle of the early years, to the non-alignment of the cold war era, through to the more recent push for democratisation and democratic consolidation, and the preoccupation with development at the turn of the millennium, the developing world had demonstrated an incredible capacity for dynamism in defining its political agenda. However, while the rhetoric of decolonisation and non-alignment might have dominated some of the early conversations among the countries of the global south, South South cooperation and the various regional integration efforts that derive from it have been largely driven by solidarity and the need to build partnership based on shared geography, a shared political history, and a common worldview. South-South cooperation has over the years inspired the construction of alternative international governance framework which seeks to enable countries in the developing world to take responsibility for their own development. Starting from the first Africa-Asia Summit in Bandung, Indonesia in 1955; the Africa-South America (ASA) cooperation Summits in Abuja, Nigeria in 2006 and Venezuela three years later; the Nairobi Conference of 2009; as well as numerous similar conferences, Africa has demonstrated its willingness and capability to build greater partnership and cooperation not only within the continent, but also across other regions of the global south. Despite the dominant narrative of pessimism about the African continent, our experience has demonstrated that so much can be achieved if we work together with ourselves and other regions of the world which share in our reality and are prepared to cooperate with us as partners. However, over the years, despite the great progress that has been made in regional and sub-regional cooperation on the continent, the crowning glory of which was the creation of the African Union in 2001, it appears that majority of our countries have not fully imbibed the global outlook required to move more quickly towards realising the full vision of the union. I have no doubt that we cannot achieve any effective integration of Africa with the rest of the global south in cooperation and partnership, unless we achieve first the integration of Africa within itself. Without the demonstrable commitment by African countries to think beyond their immediate borders, Africa will continue to remain junior partners, even in its relationship with other parts of the developing world. The exploitation of our continent does not become more acceptable simply because it is done by another developing region rather than Europe or America. The strength of Africa’s cooperation with the rest of the world lies in the ability of Africa to cooperate with itself. It is however important to emphasise that when we think of the integration of the African continent, we need to think more in terms of the integration of our people even more than we think of our physical borders. In this wise, Africa will continue to present an interesting challenge to migration experts. In different parts of our continent, majority of our people still regard the borders as mere colonial legacies. An important example is West Africa where the borders are drawn vertically, but the people are distributed horizontally. Communities which have lived as one family for centuries have refused to recognise these artificial lines. People who have travelled by road from Lagos to Abidjan have found to their utter surprise that while they waited for hours at the various border posts to have their passports checked and stamped, ordinary villagers in the border towns moved freely to fetch water or buy a loaf of bread, without the slightest realisation that they have crossed the border into another

WITHOUT THE DEMONSTRABLE COMMITMENT BY AFRICAN COUNTRIES TO THINK BEYOND THEIR IMMEDIATE BORDERS, AFRICA WILL CONTINUE TO REMAIN JUNIOR PARTNERS, EVEN IN ITS RELATIONSHIP WITH OTHER PARTS OF THE DEVELOPING WORLD

country! Technology, especially advancement in information technology, has also significantly changed the way we think about our borders and its ability to keep people in or out. As our people continue to interact across virtual spaces, sharing knowledge, ideas and information with ever increasing ease and speed, we in the political leadership must realise that the decision has been more or less taken out of our hands and that the physical borders have been rendered almost irrelevant by technology. Our people will continue to cooperate and collaborate, regardless of what we do. Information about business and employment opportunities will reach them wherever they may be, and they will follow those opportunities. Pastoralists will follow the water and the green pasture, and young people will follow employment and business opportunities. Unless we clearly define what these mean in terms of our relationship with ourselves, migration will ultimately lead to tension and the inevitable conflict. We have seen already, xenophobic attacks in some parts of the continent. This alone must force us to think again about what African integration and cooperation mean to us. Do we want an Africa where law abiding citizens of all our countries should be able to move freely and partake in social and economic opportunities in any part of the continent, from Cape to Cairo or Casablanca to Kinshasa? Or, do we want an Africa that is still largely insulated against itself, an Africa where Europeans and Americans will feel even more welcomed in our countries than fellow Africans? Without doubts, the vision and philosophy of the African Union is for a continent whose strength and prosperity are based on greater cooperation and partnership among our various countries and its peoples. We are still far away from realising the full vision of the union, which includes a common currency and common central bank, among others. However, we need to demonstrate that we remain committed to achieving this vision no matter how long it takes. Permit me to emphasise that we cannot form a strong partnership with other regions of the world, whether in the global south or the north, unless we have forged a strong partnership and cooperation among ourselves. Even as a young man growing up in Nigeria and the United Kingdom, I heard mostly of Europe and America as our traditional trade partners rather than other African countries. Every year, thousands of Europeans and Americans visit various parts of Africa for tourism. Egypt, Morocco, Kenya, Tanzania, South Africa, The Gambia, Mauritius are only a few of their favourite tourism destinations. For Africans however, Europe and America, and lately the United Arab Emirates, remain our favourite holiday destinations. It is not just the case that Africans don’t want to travel to other parts of the continent; but the reality is that it is easier to move across the countries of Europe than it is to travel across Africa. We need to make it easier for our people to know each other and make it easier for Africans to know Africa. Perhaps, the greatest challenge faced by the African continent today is that of youth unemployment. Nigeria’s 70 million youth population between the ages of 18 and35 presents both opportunities and threats almost in equal measure. This demographic opportunity is one thing that almost the entire African continent has in common. While the average age in Europe is 45; for Africa, it is in the 20s region. A large youth population such as ours means a huge market in terms of products consumption, services and labour. Excerpts from a speech delivered by Saraki, President of the Senate, during the opening session of the Crans Montana Forum of Africa and South-South Co-operation for Africa’s Development in Dakhlan, Morocco

THE PASSION TO PERFORM

Simeon Nwakaudu writes that Nyesom Wike is adding the much needed value to governance in Rivers State

overnor Nyesom Wike has added value to Rivers State. He has made the people proud. He has transformed the state into a huge construction site, empowering the people in the process. There is no other state in Nigeria where the governor is working in line with his campaign promises. The beauty of Governor Wike’s performance is that it has lifted the state above negative propaganda, unproductive politics, reckless security agencies schemes and placed it on the platform of progress. The governor’s performance has a magnetic force that pulls all lovers of development towards Rivers State. This time it was former President Goodluck Jonathan that was attracted to the state. Jonathan understands the art and science of development and he appreciates strategic development efforts. His views about the developmental progress made in Rivers State under the leadership of Governor Wike were quite insightful. They will help other leaders seeking to make the desired impact in their areas of assignment. Former President Jonathan after his visit to Government House, Port Harcourt on Saturday, March 18, 2017 declared that Rivers State Governor, Nyesom Wike has performed creditably well since assuming office 22 months ago.

Jonathan was led on a tour of projects in the Government House, Port Harcourt on Saturday. The governor led the former president round projects such as the new amphitheatre, the Government House Chapel, Restored Brick House (former seat of power in Rivers State), New Corridor of Power and Extended Landscape. Jonathan stated that Wike is a worthy representative of the PDP. He praised the governor for keeping the torch shinning by his exemplary performance, which has justified his election by the people of Rivers State. Goodluck Jonathan noted that Wike’s outstanding performance has become the common story across the country, pointing out that he has been hearing about the good works of the governor for sometime, pointing out that the governor has lived up to his reputation. He noted that since Governor Wike was sworn in, last Saturday was his first time of driving round Port Harcourt. He expressed satisfaction with the quality of transformation he witnessed enroute the Government House, Port Harcourt. He said: “I am part of Rivers State. I grew up in Rivers State. Bayelsa was carved out of Rivers State. Also, my wife is from Rivers State. Today is my first day of visiting Rivers State since Wike assumed office as governor. I am quite impressed with what I have seen. People have told me of the changes in Port Harcourt. I was told that I

can’t even recognise the roads to where I used to live. As we drove into the city, I noticed that he has done very well in various areas. One thing I must commend Wike is that he has positive traits”, added Jonathan. “I always believe that wherever you find yourself, add value. Governor Wike has added value in Rivers State. Wike has taken us round. We have seen how he has transformed the Brick House and maintained that Brick House. We saw the changes he has made in some places in the Government House, including building an amphitheatre, a new chapel for worship, relaxing places and general beautification. If you are the chief executive of an institution, you stay for two years and you add no value, then you have no vision. Wike is doing well and we commend him. He is a good representative of the PDP. He is committed to developing his people.” Speaking while conducting the former president round the projects at the Government House, Governor Wike said his commitment is to lift the state to higher heights. He noted that the Old Brick was restored with certain additions because of the need to preserve history of governance in the state. The governor noted that the new amphitheatre being constructed at the Government House would host high profile guests who visit the state.

According to him, the New Government House, Port Harcourt Chapel which will host about 300 persons would provide a venue for interdenominational Christian Worship. He thanked the former president for the visit, assuring him that he will continue to live up to the expectations of the people. Before Goodluck Jonathan came, Vice- President Yemi Osinbajo had testified to the goodness of the state of affairs in the state. So was former Senate President, David Mark. Deputy Senate President Ike Ekweremadu declared his respect for Governor Wike’s outstanding performance and Senate Minority Leader Godswill Akpabio praised the governor’s excellent delivery of projects. The list of those who appreciate the good works of Governor Wike is endless. The market woman, the youth, the men, the clerics, the civil servants, the professionals and the athletes. In Rivers State, everyone feels the impact of good governance. That is why the state is off limits for election riggers. Performance is a beauty which everyone appreciates. Performance is a force for security and stability which Governor Wike has used to move Rivers State forward. Everyone is enjoying the rhythm. As many insist across the state, this song will last till 2023. Nwakaudu is a media aide to Governor Wike

T H I S D AY • TUESDAY, MARCH 21, 2017

EDITORIAL JUSTICE ACCORDING TO STATUS There is need to reform the administration of justice

he recent decision of Justice Nathan Musa of the Adamawa State High Court to send former Adamawa State Governor, Mr James Ngilari to “any jail in this country of his choice” was most reprehensible. It was also illegal in the sense that it is the duty of a judge who has convicted and sentenced a criminal suspect to commit him/her to a prison. But in asking the ex-governor to choose his own prison, the judge was only following a pattern that has long been established that in the administration of justice in Nigeria, there are two standards: one for the rich, another for the poor. Ngilari was found guilty on all the five counts of conspiracy to award contract amounting to the tune of N167.8 million for the purchase of operational official vehicles without compliance with due process. In his ruling, the judge based his conviction of the former governor on section 58 (5) of the Public Procurement Act. But in handing down the sentence, the judge must have considered the status of the convict by asking that he should also pick the prison where he would serve NO SOCIETY CAN his term. DEVELOP WITH SUCH Unfortunately, A SYSTEM WHERE there is nothing new THERE ARE DIFFERENT in what the judge did. STANDARDS FOR THE When a former bank POOR AND THE RICH IN chief was convicted THE APPLICATION OF THE and ordered to forfeit almost N200 bilRULE OF LAW lion to the federal government after a slap-on-the-wrist sentence of six-month jail term, the trial judge then went on to order that she be allowed to spend the term at a high brow hospital in Lagos. Ordinarily, it is the exclusive duty of the prison management to ensure that prison inmates are given medical treatment or referred to appropriate medical centres. But the judge took it upon himself to usurp the powers to direct where the convict would serve.

Letters to the Editor

As bizarre as that was, it is the new normal in Nigeria. Apart from sending rich and powerful criminal suspects to prison for a few days upon arraignment to await the ruling of trial judges on bail applications, most of the people in prison cells are poor inmates. Indeed, if rich persons are briefly held in prison custody, they are not kept in the general cell but in the ‘White House’, a special cell equipped with beds and beddings, toilet facilities, etc. Alternatively, arrangements are usually made to allow the rich to serve their terms in hospitals outside the precincts of prisons.

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

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report once conducted by the federal government into the activities of the National Drug Law Enforcement Agency (NDLEA) revealed that 197 convicts who were jailed for drug trafficking by the federal high court from 2005-2006 were released within the premises of the Lagos judicial division of the federal high court by a syndicate of corrupt prosecutors, defence counsel, court and warders. There is also the practice called “prison exchange” whereby young people are paid to serve prison terms in lieu of convicts with the connivance of prison management. All that is required to stop the illegal practice is to capture the finger prints of every convict but the authorities do not seem to be interested. From court clerks who make case files to appear and disappear, to court bailiffs who most often refuse to effect judicial process simply because they were unable to extort money from a litigant or his counsel to lawyers who facilitate some of these unwholesome practices to prison officials who treat prisoners according to the size of their bank balances, the administration of justice system in Nigeria is in need of a serious reform. Given the foregoing, the judge who convicted Ngilari must be well aware that we have a dysfunctional criminal justice system. But no society can develop with such a system where there are different standards for the poor and the rich in the application of the rule of law

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.

TOWARDS ENSURING SAFETY AND SECURITY IN SCHOOLS

he sequence of horrifying tales of kidnapping of school children within their school environment is becoming quite frightening. In light of this alarming development, the safety of school children has become even more imperative across the nation.

Recently, five students and three staff of the Nigerian Turkish International College (NTIC) in Isheri, Ogun State, were abducted, leaving parents with no option but to take away their children promising to return them only when they are convinced adequate security had been put in place. This was coming on the heels of the abduction of students from a secondary school in Ikorodu and Epe areas of Lagos State. The shocking aspect of this ignoble act is the fact that it takes place right in the school premises where children safety is expected to be guaranteed. This is not good and it is an unfortunate development. Ordinarily, parents ought to be at peace while their wards are at school, but with the ugly trend now, the reverse is likely to be the case. This, of course, is an indication of the porous security at most schools, public and private. Since we now live in dangerous times, it ought to be stressed that schools could no longer treat security issues with levity. Gone are the days when simple, primitive and impotent approaches were directed at school security. School safety and security has taken a new dimension now and all stakeholders on school matters need to be in tandem with the dynamics of the day and appropriately deal with it. In as much as

kidnappers have added schools to the list of their prospective targets, it now behooves schools to equally device foolproof strategies that could safeguard them from the onslaught of these evil-minded people. This is even so important as no meaningful learning can take place in an atmosphere laden with fear and anxiety. Emotional implications of the act on students, staff, parents and school atmosphere in general is overwhelming with devastating and far reaching psychological and emotional effects. One can only try to imagine what the entire atmosphere and mien of the NTIC was like, even after the students returned to school; of course it can never be the same again. It therefore calls for psycho-therapy for both students and teacher. There must be a continuous dialogue between parents, teachers and other stakeholders to fashion out sustainable and effective safety and security measures. Parents and guardians should equip their wards with necessary information and collaborate with their schools on agreed safety measures and plans. There must be a strong collaboration between all stakeholders such that decisions taken regarding the welfare, safety and security of students are binding on everyone. For instance, some schools do have arrangements for who picks up the child after school hours. Some even use pick up cards with guidelines on pre-arranged and agreed conditions. It is, therefore, important that all parties strictly stick to such internal arrangements. Since the activity of kidnappers has become a major threat to school safety and security, the issue of students’ safety should be tackled headon, as it is the primary responsibility of school management to ensure

a safe and secured environment for students, staff and visitors. Porous security condition at most schools must, thus, be swiftly addressed. Schools that are located in areas prone to attacks, especially those around the creeks could either consider relocating or put in place water-tight security arrangement. The kidnapping incident at Babington Macaulay Junior Seminary School in Ikorodu, the Model College in Epe and NTIC in Ogun State showed that the kidnappers came through the creeks and escaped via same route. The federal government through relevant security agencies should do more to secure the creeks, across the country. Similarly, residents across creeks and other such vulnerable areas in the country should cooperate and work together with security agencies towards securing their community. This can be efficiently implemented through the Community Development Associations (CDAs) who will coordinate their communities and engage their support for a more productive operation. Schools should keep tabs on all school employees, both teaching and non-teaching staff and do a thorough check on them before recruitment so as to eliminate the threat of informants within the school system as it has been discovered that most kidnapping operations are carried out with the collaboration of an insider. Schools should also engage the services of professional security outfits and discard the use of non-professionals tagged “gateman” who knew next to nothing about security except to open and close the school gate for visitors.

Temilade Aruya, Lagos State Ministry of Information and Strategy, Alausa, Lagos

T H I S D AY • TUESDAY, MARCH 21, 2017

POLITICS

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

EXECUTIVE BRIEFING

As Dickson Upsets the Apple Cart Last week, Bayelsa State governor and chairman of the reconciliation committee of the Peoples Democratic Party, Seriake Dickson, submitted a report that effectively recognised Senator Ali Modu-Sheriff as the chairman of the party, putting him at logger heads with the party’s faction headed by Senator Ahmed Makarfi, writes Segun James

rascible, uncompromising, but very passionately dedicated to issues relating to his political party, the Peoples Democratic Party (PDP). Bayelsa state governor and chairman of the party’s reconciliation committee, Mr. Henry Seriake Dickson is one man who dared to be different. His committee submitted a report with the proposition that the controversial national chairman of the party, Ali Modu Sherrif should be recognized and allowed to conduct a convention of national unity which should hold on the 30th of June, 2017. It was not the kind of report many of the party members were expecting. After all, Dickson belongs to the faction of the party which recognized Senator Ahmed Makarfi as the interim national chairman. Furthermore, his was supposed to be a committee expected to reaffirm the position of those who want Ali Modu-Sheriff removed from office as he is supposed to be an impostor. The committee, in its report, also resolved that the Convention Planning Committee should be headed by seven governors, seven senators including the Deputy Senate President, Ike Ekweremadu, 12 members of the House of Representatives, six members of the Board of Trustees and six national vice chairmen, one per zone. Others members proposed by the committee are three state chairmen per zone, making 18, six serving speakers of state Houses of Assembly, six former governors, former presiding officers of the National Assembly, who are still members of the party, six prominent women leaders, six youth leaders of the party, six former ministers of the party and 12 others to be nominated by the National Chairman in consultation with stakeholders. The Dickson committee stated that the pursuit of a political solution is the best option for resolving the ongoing challenges facing the party without prejudice to the ongoing judicial processes. “The Convention Committee shall be responsible for the conduct of the elections to all national offices the party including the zoning of such offices. “That as part of the sacrifice to be made in order to reposition the party, the Committee is of the view that all national officers who may claim that their tenure still subsist beyond the proposed convention are hereby requested to relinquish their claim in the interest of the party. “For the purpose of the convention, all officers, elected at the ward, local, state and zonal levels before the first Port Harcourt convention of 21st May of 2016, are deemed validly elected except for the election held in some states that were declared by NEC as inconclusive.” This was a radical report that took the party’s leadership by surprise. Although the recommendations of the report gave advantage to the Makarfi faction who has majority of the party’s leaders on its side, but surprisingly, it was this faction that rejected the report. The report, rather than unites the party, has further widened the differences between them. Thus, the battle for the control of the soul of the dying party continues. Following this, the leadership crisis rocking the party took a new dimension as Dickson accused Makarfi of frustrating peace efforts. In a live television interview, he insisted that the PDP is in a state of emergency that requires a surgical operation to solve. “We are going through a period of selfreawakening because majority of our people

Dickson...... wants party members to put differences aside

are not used to being in the opposition”, adding that the problem stemmed from the loss of power at the centre as there is no more presidential power to rein in erring members. Dickson accused Makarfi of trying to act as an undertaker of the party and working on how to decimate it further. Makarfi had earlier accused Dickson of going against the resolution reached between ex-president Goodluck Jonathan and the PDP governors by joining Senator Ali Modu Sheriff to push for a national convention in June. The former Kaduna governor while stating his case against Dickson said he had agreed with him that the report of the reconciliation committee be tabled before the governor’s and other organs of the party for consideration before making it public but that Dickson reneged and went ahead to proclaim the June date for convention. However, Dickson stated that what Senator

The report, rather than unites the party, has further widened the differences between them. Thus, the battle for the control of the soul of the dying party continues

Makarfi and others with him were trying to do was to ensure that the PDP was dismembered so that they can take many of the members away to form a new party. He advised that Makarfi should accept the verdict of the Appeal Court and work with the leaders of the party to bring about lasting peace. Dickson maintained that rather than embark on name-calling, propaganda and outright lies, it was high time the party came together in the interest of peace. He said that despite the sacrifices made by him and members of the body, it was unfortunate that some persons within the party, were making “uncharitable comments” on the report meant to salvage the party. In a statement by his Chief Press Secretary, Daniel Iworiso-Markson, the governor called on everyone who has any idea as to how to take the party out of the current crisis to proffer solutions, instead of seeking to pull down the little gains that have been made by the committee. The governor said: “My attention has been drawn to series of half truths and litany of lies being peddled by some leaders, stakeholders and members of our party, the Peoples Democratic Party (PDP) following the recent submission of the report of the reconciliation committee which I chaired. “In my usual character, I am not disposed to joining issues with anyone or group especially on a matter that I think can be settled internally. More so, when some of the key actors are not sincerely committed to bringing an end to the festering crisis that has set us back as a party.” Continuing, he explained that he had never supported the court-declared Chairman of the party, Senator Ali Modu Sheriff, insisting that since the Appeal Court had recognised him as leader of the party, the laws had to be obeyed and dialogue to resolve issues. He also stated: “First, let me state in clear terms that the ongoing blame game,

name-calling and propaganda will not in any way help us. Rather we are by such actions de-marketing ourselves and playing into the hands of the All Progressive Congress (APC) which appears to be the major beneficiary of the crisis rocking our party. “What we should be doing now is to look for an amicable solution to come out of where we are, rally round ourselves and form a bond like never before since INEC had released the timetable for the 2019 general elections. “Secondly, everyone especially in the PDP Governors’ Forum can testify that I never supported Senator Ali Modu Sheriff as national chairman. I strongly canvassed against his choice because he was new to our party. “I felt that we needed a fresh face for a new beginning. But as a democrat I believe in the plurality of opinions which made me to tag along. Now with the Appeal Court judgment affirming him as the national chairman, it is only legal and strategic for all leaders of the party to engage him on a template such as what we have proposed.” He said his conviction is that the recommendations of the report, chief of which, is to hold a national unity convention would finally put an end to the hydra-headed crisis. In his views, his committee’s recommendations are not cast in stones but at the moment the most likely way to get the party out of where it is. He therefore urged all party leaders and members who thought they had a better solution outside what his committee had done to come forward with it in the interest of the party. “This is important and will help preserve the unity of the party,” he added. The governor said that there was still a lot of work to be done, stressing that only the truth could save the party from further crisis. “As a loyal member of the party and one who is truly committed to its ideal, I will always stand for the truth and what will best serve the generality of the interest of our members. “Let the blame give way. Let egos and all form of utterances cease. Let all ambitions be put on hold. Let all leaders now begin to brainstorm and find the best ways of resolving the dispute to save the party from further depletion and disintegration,” he added. Dickson regretted that Makarfi and his people did not have the mentality of the opposition hence the way they were going about the crisis rocking the party. Dickson was an opposition leader and national legal adviser of the Alliance for Democracy (AD) when he joined the PDP in 2005 following the emergence of his friend, Dr. Goodluck Jonathan as the acting governor of Bayelsa state following the arrest of Chief Diepreye Alamieyeseigha in the United Kingdom for money laundry. As an opposition leader, he battled the PDP to a standstill and eventually gained a senatorial seat in the battle. He joined the PDP to help stabilize Jonathan’s position as he was accused of betraying his boss. So effective was Dickson that Jonathan compensated him with the position of Commissioner for Justice and Attorney-General of Bayelsa state. It was from this position he was elected to represent Sagbama/Ekeremor Federal Constituency in the House of Representatives. Though many within the PDP are dismayed at the prospect of having Sheriff as their national chairman, they however believe the that whatever it takes, the party must be salvaged before it is destroyed by the crisis.

T H I S D AY • TUESDAY, MARCY 21, 2017

PERSPECTIVE

The Senate’s Diplomatic Shuttle As the nation continues its search for ways out of the economic recession, Chuks Okocha reviews the Senate leadership’s trip to Germany to attract investments

hen the Senate President, Dr Bukola Saraki led a delegation of the Senate to Germany, it had only one purpose in mind: to help fast track Nigeria’s efforts to get out of economic recession. This diplomatic shuttle was aimed at exploring how to use legislative initiatives to attract the much needed foreign investment to the country and help address the current economic woes. During the legislative diplomatic visit, the delegation met with fellow members of parliament in that country and discussed how to ensure increase in Foreign Direct Investment (FDI) to Nigeria. Responses so far show that the trip was a success. In the course of the visit, the Head of Bundestrat, the upper chamber of the German Parliament, Ms Malu Dreyer said that Nigeria as the leading country in Africa should be economically strong and therefore deserves the support of a European giant like her country. Speaking when she received the Nigerian Senate delegation in Berlin, Ms. Dreyer said that Germany attaches great importance to the strong relationship with Nigeria and Germany and would support the on-going economic recovery programme in the country. She said the country would look towards extending the special partnership and grassroots co-operation which it presently has with Rwanda to Nigeria and that more exchange programmes between the two countries would be initiated. The Bundestrat President explained that in line with the country’s federal constitution, Germany would address the request made by Saraki for a stronger economic co-operation with the German Chancellor, Angela Merkel and Secretary in charge of Economic Co-operation and Development, Mr. Muller. “The partnership between Nigeria and Germany is very important and should be nurtured. This partnership at a very high level can help the entire population in Nigeria. We have to do all that is necessary to support Africa to prevent internal crisis that would later plague Europe. “We should empower African nations to enable the people and their governments take their fate into their own hands. We have a gain to make from this co-operation. We are faced with refugee situation and to save ourselves the escalation of this problem, we have to tackle the root cause of migration by helping African countries to be economically strong and buoyant. That is why we must help Africa.” In the area of renewable energy, Dreyer said Germany would be ready to help Nigeria through exchange of technical information and exchange programmes adding that clean source of power is the future of energy resource in the world and her country had made much progress in this area. In his response, the President of the Nigerian Senate reiterated the need for Germany to partner with Nigeria in the areas of economic co-operation, security and renewable energy as both are continental leaders whose well-being would have positive implications for Africa and Europe. He noted that the Senate delegation was in Berlin to strengthen the existing relationship between both countries as represented by the visit of the German President to Nigeria last year in company of some German businessmen. “We appreciate cordial relationship between Germany and Nigeria. We need German support as our government works hard through progressive policies and legislation aimed at overcoming our current challenges and engaging our youths who form about 70 percent of the population. “It may be true that we have economic challenges but the fundamentals remain good and even the prospects are better. That is why we are seriously working to diversify the economy and move away from dependence on oil. We are moving into agriculture, mining of numerous mineral resources and manufacturing. These areas alongside energy production and funding

Saraki...... believes German investments will help

of key infrastructural projects are areas that German business people can invest in”, he said. He described power as one area where Nigeria required serious help. According to him, power inadequacy of power supply affects the success of businesses and limits the productive ability of the people. He urged Germany to provide necessary support to Nigeria through business investment in the sector, provision of technical assistance and sharing of knowledge and expertise. The Senate President added that German support was needed to solve the security crisis in the North-East of Nigeria and that the country was at the point where the displaced people have to be rehabilitated, resettled in rebuilt homes and environment as well as be re-assured that cases of isolated attacks by the insurgents would cease. The Senate delegation also visited the Feldheim village where the people are self-sufficient and totally dependent on renewable energy. It also held talks with members of the Berlin House of Representatives, the Bundestag and Bundestrat (lower and upper chamber of the German Parliament) and visited the MediaTeam IT Education Centre in Berlin, one of the success stories of Nigerians living in Germany. It was the benefit of the visit that warranted the Senate President to hint that Nigeria would have to amend the laws on power generation, transmission and distribution in order to replicate the feat recorded by the German Village, Feldheim, where residents combined efforts and local resources to produce clean and renewable energy. Saraki, who was moved after inspecting the project in the energy self-sufficient village

It may be true that we have economic challenges but the fundamentals remain good and even the prospects are better

located 70 kilometres outside Berlin, said the achievement of the Germans was possible in Nigeria if only the leadership and the operators get serious and demonstrate the will power. He said the issue of power supply remained top in the agenda of the Senate as it is a key instrument for eradicating poverty and unleashing the potentials of the people. Saraki said: “That is why we had a workshop on the sector last month. It is also why we are here to see the experiment and success of the people of Feldheim and see what our people can learn from it.” According to him, the laws will have to be amended to allow communities to generate energy that is more than 10 megawatts and even the laws about power transmission and distribution have to be amended to allow more creativity and involvement from the private sector.” Briefing the senators, the Project Leader, Mr. Werner Frohwitter said the project was one in which “citizens take their energy supply into their own hands” as they contributed money to build bio-gas plants which use slurry and manure from their pigs and cows and wind farms. He added that though the village has a population of 140 people, it hosts about 4,000 visitors’ yearly comprising students, politicians, researchers, scholars and journalists who want to learn about how the people’s efforts led to the generation of 10mw of electricity, from which they sell the excess to the national power grid. Frohwitter said Feldheim is now a community which produces “safe, local, economic and ecological supply of heat and electricity organised by and under the responsibility of the citizens independent from the grids of conventional power utility companies”. The delegation, on return to Berlin, also had discussion with Mr. Thomas Silberhorn, the Parliamentary State Secretary to the Federal Minister for Economic Co-operation and Development on issues bordering on how to forge strong economic co-operation, assistance for rebuilding of the war-torn North-East zone and how to benefit from the advanced technologies for energy supply. Saraki who was accompanied by Deputy Senate Leader, Bala Ibn Naallah, Senators Enyinaya Abaribe, Monsurat Sunmonu and Abubakar Kyari arrived the Bundestag at a time when the German lower House was discussing Europe-Africa relations and the Senate President said Germany was the first country the 8th Senate visited at the leadership

level. While thanking the Germans for their contributions to funds towards the rehabilitation of the North-east zone of Nigeria during last month’s meeting of the European Union in Oslo, Norway, Saraki said the next challenge was how to rebuild the devastated region, rehabilitate and resettle the people. He said the areas affected by the Boko Haram has two million displaced people, a figure greater than that of the Syrian crisis which he said, was getting all the attention and commitment of resources from the international community. He urged Germany to go beyond the provision of intelligence and training as well as light equipment for the military. He said Germany could influence other countries to sell durable and more efficient military hardware to Nigeria so as to strengthen the armed forces “I am happy at the coincidence that as we are visiting you, you at your plenary session are discussing the role of Europe in Africa. Though a lot is already happening in our relations with your country, however, we need more German investments in our country, even as we take deliberate, well planned steps to diversify our economy and pay more attention to agriculture, mining of mineral resources and manufacturing. “No economy in the world has the kind of potentials that Nigeria has and if we talk of Africa, you are talking of Nigeria as the leader. We, in the parliament, are working on several Bills that will open up the economy and make it easy to do business with great rate of return on investment”, he said. The Senate President explained to the Germans that Nigeria now gives visa at the point of entry to genuine business people and tourists, a fact testified to by a member of the German-African Business Association present at one of the meetings. The Senate President in his address to Singhammer, Vice President of Bundestag, and the Parliamentary Friendship Group led by Charles Hubber, also sought the co-operation of the German lawmakers in granting legal stay to law abiding and skilful Nigerians who have been living in Germany for a long time so that they can meaningfully and positively contribute to the economy of their host country. The Senate President also explained that Nigeria was about to experiment with having some educational and health institutions operate independent sources of power not connected to the national grid.

TUESDAY, MARCH 21, 2017 • T H I S D AY

FEATURES

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

Turning Dreamers to Titans The Next Titan, an entrepreneurial reality Tv show sponsored by Heritage Bank, has produced three young entrepreneurs who have become job creators, writes Peter Uzoho

L-R: Next Titan Season 3 winner, Marvis Marshal Idio, the Season 2 winner, Davies Okeowo and the Season 1 winner, Iroghama Ogbeifun,in a get together session in Lagos...recently

roghama Ogbeifun, Davies Okewo and Marvis Marshal Idio are now doing very well in their respective businesses, after emerging winners at different seasons of the Next Titan, an entrepreneurial reality contest, and walking home with a cash prize of N5 million and a brand new Ford car each. The mentorship, training and inspiration they got during their 10-week stay in the Next Titan house, from top business experts and captains of industry, really armed them to be real business titans. With these resources, they have been lifted from the position of dreamers to achievers. They have been

It was a time in my life when I needed structure, guidance and direction, and I got that at the Next Titan. It helped structure my abilities as an entrepreneur. It helped structure my business, put me in touch with mentors who today played a very pivotal role in my business

lifted from thehgroup of job seekers to job providers, thus adding significant value to the country’s economy. Prior to her participation and eventual win at the Next Titan season one competition, Iroghama Ogbeifun was crawling and wobbling in herhbusiness, and enveloped by confusion due to lack of fund and requisitehmentorship. But today, she is living her dreams as she boasts ofhowning and running a very stable and fast growing haircare producthmanufacturing company, Hairven Limited, located in Lagos and PorthHarcourt. The N5 million she won provided by Heritage Bank, the chief sponsor of the project, has enabled her to scale up her business. Hairven Limited is currently the only synthetic haircare producthmanufacturing company in Nigeria, and is being distributed by Jumia. Like other winners, she has given jobs to over 30 people, bothhgraduates and non-graduates, who are taking care of their individualhand family responsibilities through their stipends. Not resting on herhlaurels, she is working so hard to expand the scope of her business inhorder to give more jobs to people.h“It was a time in my life when I needed structure, guidance andhdirection, and I got that at the Next Titan,” Ogbeifun tells THISDAY. “It helped structure my abilities as an entrepreneur. It helpedhstructure my business, put me in touch with mentors who today played ahvery pivotal role in my business,” she recounts. “Once I left the Next Titan house with the money that I won, there washa bill sitting on my table which was about N4.9 million. So that N5hmillion immediately went into

that. The inflow from that winninghreally added significantly to the growth of my business. It helped mehto finish up my manufacturing, brought in products and launched myhbrand officially in Lagos. And this happened within a space of six months,” she explains. Commenting on the support of the project by the bank since its inception, she noted “It takes a visionary to back a visionary.” In her appreciation, she said “I want to say a very big thank you to Heritage Bank for funding this noble initiative. They are really doing a transformational work on the lives of many young Nigerians. I’d like to encourage them to continue to be part of the success stories of young Nigerian entrepreneurs by supporting the Next Titan.” The dream of Davies Okeowo is already coming through. He is today the founder/ CEO, of EnterpriseHills, a business consulting firm located in Lagos which provides business development services and support to Micro, Small, and Medium Scale Enterprises (MSMEs). EnterpriseHills provides accounting services to businesses within the MSME business category by leveraging on the power of modern technology to create diverse solutions to suit the needs of its market thereby making them more structured, minimising their chances of business failure, and maximising their chances of business growth and sustainability. The N5 million he went home with after emerging winner of the Next Titan season 2 in 2015 has been instrumental to the growth of his business. The car he won like other winners is really helping him to keep up with the daily hustles and bustles demanded by his business. It is indeed helping him to meet up with

business appointments which are very crucial. He has started justifying the huge investment on him by providing jobs to people. He is currently training upcoming entrepreneurs in many areas of accounting, software, business development, and business strategies. Okeowo’s company has helped over 30 MSMEs to put proper structures in their businesses. “The Next Titan is an experience I will never forget because it was really instrumental in my journey as an entrepreneur. The show itself has afforded me not only the resources but a platform to learn and grow to become a better entrepreneur,” he says. He said the show had helped him to grow faster in business. “The level of business and the level of complexities in business that I had to cope with at the show were things that would have probably taken me another two to three years to get to that level,” he revealed. With such unusual benevolence, Okeowo sees it as an obligation on his part to return gratitude to the deserved. “I give thanks to Heritage Bank, to Coscharis Ford Motors, to Sifax Group, and to all other sponsors for investing in me and others. Their decision to invest in the show, to support the show such as the Next Titan is truly a remarkable one; because in the true sense of it, if you look at other reality shows that we have around, they are majorly based on entertainment. But not only does the Next Titan provide the entertainment platform, it also provides the real platform for growth. It inspires people to want to become entrepreneurs; it inspires people to want to become job creators,” he added. The 2016 winner, Marvis Marshal Idio has

• T H I S D AY TUESDAY, MARCH 21, 2017

FEATURES become a sensational young entrepreneur making waves in the country. The resources she won have facilitated operations in her brand, Jacmarvis Limited, a company involved in interior design and furniture, using trash as raw material. Idio who believes in turning waste to wealth is now realising her dream after her encounter with the Next Titan. Her win at the show has made great difference in her business, moving it from a one man business to a company that has over 15 employees today. She has been able to acquire machineries needed for her business operation. She can now produce in large quantities to meet growing demand. “Before I was using the manual process and crude method to achieve result, and I couldn’t do much. But now I have what I need to do my business. I can boast of having an exhibition that would be able to meet the needs of at least a good number of Nigerians in terms of furniture,” she says. In her gratitude to the organisers and sponsors of the show, she said: “I would like to say a big thank you to Heritage Bank for believing in the man and the group of people who have the vision of the Next Titan. It’s actually commendable what they have done. I would commend the organisers of the Next Titan show. It’s a show that’s helping young Nigerians. It’s giving hope back to people. It’s really a source of inspiration to many Nigerian youths. I would also commend the judges and the other sponsors because it’s one thing to have an idea and it’s another thing to have someone who would buy into that idea,” she added. But for a fertile platform like the Next Titan, and its funding by the youth-friendly Heritage Bank, the dreams of these three young Nigerians of great business trait and ideas would have just ended as mere dreams. But for the huge investment on their lives and on their business ideas that has catalysed their journey into the world of entrepreneurship-making them leaders of their own brands today, they, like many helpless young Nigerians would probably be roaming the streets jobless. They would have become a plus 3 to the growing unemployment rate in the country with its accompanying societal nuisance and criminalities. Birthed in 2013 by a Nigerian entrepreneur, Mide Kunle-Akinla, who is passionate about inspiring young Nigerians and helping them realise their dreams, the Next Titan project is aimed at helping the Nigerian youths to actualise their dreams of becoming future entrepreneurs and employers of labour. With Kunle-Akinla as the producer of the annual programme, Heritage Bank has been the chief sponsor, investing huge amount of money every year to ensure that entrepreneurs are raised through the platform. As one of its CSR projects, Coscharis

Before I was using the manual process and crude method to achieve result, and I couldn’t do much. But now I have what I need to do my business. I can boast of having an exhibition that would be able to meet the needs of at least a good number of Nigerians in terms of furniture. I would like to say a big thank you to Heritage Bank for believing in the man and the group of people who have the vision of the Next Titan

The Next Titan Season 1 winner,Iroghama Ogbeifun (3rd right), receiving the N5 million cheque courtesy of Heritage Bank at the prize presentation in 2013, in Lagos

The Next Titan Season 2 winner, Davies Okeowo (2nd left), receiving the N5 million cheque in 2015 in Lagos

The Next Titan Season 3 winner Marvis Marshal Idio (2nd left), during the presentation of the N5 million cheque to her in 2016, in Lagos

Ford Motors has been partnering with the organisers of the programme in the donation of brand new Ford car to the winner of every season. Sifax Group and other corporate institutions have been supporting the initiative in different ways.

Standing as the judges of the show are captains of industry and business moguls, amng whom are: Mr. Kyari Bukar, Chairman, Nigerian Economic Summit Group; Mr. Tonye Cole, Co-founder/CEO, Sahara Energy Group; Mr. Chris Parkes, Chairman/

CEO, CPMS, Africa; and Mrs. Lilian Olubi, CEO, Primera African Securities Limited. The show has successfully produced three millionaires in three seasons and has set them on their journey to greatness as Nigeria’s entrepreneurs.

T H I S D AY TUESDAY MARCH 21, 2017

21.03.2017

WEEKLY PULL-OUT

‘BUHARI'S MINISTERS COLLUDED WITH IMF TO RUIN OUR CURRENCY ’

Mr. Femi Falana SAN

2/DASHBOARD

21.03.2017

NAFDAC’s Breach of Regulatory Duties to Fanta and Sprite Consumers in Nigeria PAGE 4

NBA Rules Committee Town Hall Meeting, Mahmoud, Idigbe Urge Lawyers to Prepare for Brand New Bar PAGE 5

NBA Owerri Honours Imo CP and ObiOkafor at Law Week PAGE 5

Judiciary is for Honour and not for Money Making, Says Justice Ajanah PAGE 6

QUOTABLES

‘If you are to fight corruption, then, you should fight the culture of your people, which is an attitudinal phenomenon, by adhering strictly to the constitutional provisions and the rule of law.' – Honourable Justice Walter Onnoghen, Chief Justice of Nigeria

‘Law Business Is Serious Business and Requires Endurance’ PAGE 6

‘It seems that the Buhari Government is fighting the symptoms, rather than the root cause of corruption. Corruption is systemic.' – Professor Akin Oyebode, Professor of International Law & Jurisprudence, University of Lagos

Kehinde Sofola SAN, CON: A Legal Icon PAGE 7

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

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

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

The Other Faces of Corruption

in itself.

he fight against corruption is not only about bribery and corruption. It is not only about arresting people that have looted the national treasury and so on. It is also about fighting against reckless spending by government and government officials, which is also a form of corruption

Patricia Etteh Scandal Remember Patricia Etteh, a hairdresser cum beautician (later studied law and was called to the Bar), who became the Speaker of the House of Representatives in 2007? Her fellow legislators accused her of approving a contract of N628 million (rough equivalent of about N2.2 billion today) for the renovation of her official residence and that of her Deputy, Babangida Nguroje, plus the purchase of 12 vehicles, without due process. I am sure that the vehicles that they planned to purchase were certainly not all budget cars. There would probably have been some SUVs etc. They both resigned to avoid impeachment. At the time, I remember being thoroughly scandalised. So many questions went through my mind. Had the Speaker and Deputy Speaker before Etteh and Nguroje destroyed and annihilated the official residences so much so, that such a huge amount of money had to be spent on renovations? How much money had Mrs Etteh earned from hairdressing before she became a member of the House of Representatives, to make her used to such a lavish lifestyle, that she could contemplate spending such an obscene amount of money on the renovation of official residences? Was this the sort of money that was expended by Government on the renovation of an official residence each time there was a new Speaker of the House? Could the money not be put to better use for the benefit of Nigerians? Why are members of the National Assembly paid so much anyway? Patricia Etteh was subsequently cleared from the allegations by her colleagues. Take for example, President Trump. Some

President Muhammadu Buhari

of his personal residences are said to be more luxurious than the White House. He is accustomed to luxury. He is a very successful businessman. However, in our own case, government officials use their elevation to official positions, to live in a lap of luxury, which they have never been accustomed to! This is not to say that it is acceptable for you to spend government money lavishly on frivolities, because you were rich before you took an official position, and are used to certain standards. In that situation, you can use your own money for that, not Nigeria’s.

meet up with their financial obligations, yet Government officials ‘dey do fine boy, no pimples’, buying flashy vehicles with our country’s money. Money meant for the development of our nation and the betterment of our people.

Education The other day, Senator Utazi Chukwuka From Enugu North complained on the floor of the Senate, that the 2017 budget only allocated a meagre N50 billion for Education for the whole of Nigeria! It is no surprise that you have many Nigerian graduates that can hardly string 2 words Government Officials Use of ‘Exotic’ together in English, while NDDC spends N1.2 billion on a mere 18 fancy cars! Can Cars Sadly, today, there has not been much the benefit derived from educating our 'change'. Last week, I told you about children be quantified? Can the benefit to Professor Itse Sagay, SAN, the Chairman be reaped from giving our children a sound of the Presidential Advisory Committee education be compared with the fun that Against Corruption accusing NDDC 18 NDDC individuals may derive from officials of purchasing 70 vehicles, 18 of driving state-of-the-art cars? Our Children which cost N1.2 billion, using funds meant are the future of this nation. for infrastructure for the Niger Delta, for Health that frivolous expenditure. If the allegation In 2016, even though the total budget of is true, then it is certainly an example of reckless government expenditure. This is the Federal Government increased to about not only corruption of the highest order, N6 trillion, the allocation for the health sector it is also fraudulent conversion of funds. decreased to about 4.68% of the budget. In What is wrong with a Peugeot 504 type 2017, the budget for the healthcare sector is car, KIA or some other budget car? Are they set to decrease further to a meagre 4.17% not cars? Why does NDDC require up to of the increased national budget of over 70 vehicles? Did they not have any vehicles N7 trillion. What is the justification for before? In the old days, government officials Government wasting money on frivolities used Peugeot 504. It was only maybe the like flashy cars, while key sectors that are Head of State that used the Mercedes Benz of benefit to all Nigerians, are starved of S Class type of vehicle. But today, most funds? government cars that you see on the road Cost of Governance are SUVs or some other ‘exotic’ car. Again, the cost of running our government is way too high. If Government is Appeal to the President Why all this needless expenditure? Presi- serious about ‘Change’, I think it should dent Buhari, please, put your foot down show good example by reducing the cost and stop this extravagance by government of governance. Yes, President Buhari did officials. The country is ‘tight on cash’ and try to be prudent about Ministers’ salaries. But much more still needs to be done. in a recession. For one, the salaries of the members of People are hungry. They cannot pay their children’s school fees, they cannot afford the National Assembly should be reduced. three square meals a day, they cannot Their salaries should also be made public, instead of being shrouded in secrecy. Those ex- Government officials that are now serving again, should be made to choose one salary while they are serving, either their pensions or their new salaries, especially people like former Governors, since they already have their hefty pensions. I know that Section 4(2) of the Fifth Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended in 2010)(1999 Constitution), that is, the Code of Conduct for Public Officers, permits them to receive one more remuneration from public funds, in addition to their pensions; but if Change really begins with them, they should be sensitive to the pathetic plight and suffering of Nigerians, and make some sacrifices too. Dr Sota Omoigui complained in his video clip that a former Governor of Edo State, on leaving office, was given the sum of N200 million by the State Government to acquire

"WHAT IS THIS SECURITY VOTE THAT IS GIVEN TO GOVERNORS? THE GOVERNORS HAVE NO POWERS OVER EVEN THE POLICE, TALK LESS OF THE OTHER FORCES, SO WHO ARE THEY SECURING WITH THE MONEY AND HOW?"

ONIKEPO BRAITHWAITE

THE ADVOCATE onikepo.braithwaite@thisdaylive.com a house of his choice, the Deputy was also given a N100 million housing allowance, while University of Benin Teaching Hospital did not have running water. I do know that Sections 147, 148 and 151 of the 1999 Constitution provide for the appointment and functions of Ministers and the appointment of Special Advisers respectively, but it seems to me that the functions of Special Advisers have not been spelt out as clearly as that of the Ministers in the 1999 Constitution. What is the role of Special Advisers? Why are their services required, especially when there are Ministers and in some cases, also Ministers of State, Permanent Secretaries and so on? For instance, there is a Minister of Information, a Permanent Secretary in the Ministry, a Special Adviser on Media and Publicity and a Senior Special Assistant on Media and Publicity. What for? Does this not amount to duplication and quadriplication of efforts? And they all have to be paid salaries, no matter how small. Security Vote What is this Security Vote that is given to Governors? The Governors have no powers over even the Police, talk less of the other forces, so who are they securing with the money and how? Recently, was it not Governor Wike of Rivers State that complained that some of his police details had been withdrawn, further buttressing my point that Governors have no control over security? So why give them such a huge amount of money for a purpose that is beyond their control? It seems that there is even no law providing for this particular payment. The Governors also do not have to account for this Security Vote which is about N500 million per month per Governor, N6 billion per annum, over N200 billion per annum for all the Governors in Nigeria, for doing nothing, while only N50 billion is allocated to something as important as Education. If the President wants to intensify this fight against corruption, this issue should be high on the priority list. For example, if the Security Vote was ploughed into the education and healthcare sector, or distributed amongst Nigerians to set them up in various small scale businesses, it would go an extremely long way, instead of that type of money being wasted on things that no one but the Governors, have any knowledge of. The bottom line is that I can do whatever I like with money that I do not have to account for, including buying houses for myself in London and Miami, instead of using it for any state-related needs, like paying salaries that may have been owed to workers. Set up an Agency Should Government not be trying to curtail expenditure in these austere times? Maybe President Buhari should set up an agency, with the sole purpose of effectively monitoring the expenditure of government agencies, parastatals and so on, to prevent wastage of the country’s resources.

4/LAW REPORT

21.03.2017

NAFDAC’s Breach of Regulatory Duties to Fanta and Sprite Consumers in Nigeria

Facts n 2007, the 1st Claimant purchased from the 1st Defendant, about 4,300 crates of different soft drinks through different orders. Of the 1st Claimant's Order, only 1,899 crates were loaded and received at the designated port in United Kingdom by the Claimants. The Claimants made a deposit of N3,000,000.00 for the initial order of the products, of which the value of soft drinks supplied was N1,371,000.00 leaving an outstanding of N1,629,000.00. 1,277 empty crates of Coca Cola bottles were also deposited by the Claimants as an agreed pre-sale condition of the products. When the first consignments of drinks arrived in the United Kingdom, the contents and composition of the Fanta and Sprite products raised serious health related concerns by the Health Authorities. Specifically, the Stockport Metropolitan Borough Council’s Trading Standard Department of Environment and Economy Directorate’ report, which was corroborated by the Coca-Cola European Union, found that the products contained excessive levels of “Sunset Yellow” and “Benzoic Acid”, above the recommendation in the United Kingdom, and unsafe for human consumption. Owing to the foregoing, the products were seized and destroyed by the Authorities, resulting in appreciable financial losses to the Claimants. The Claimants contended that the 2nd Defendant failed to carry out necessary tests, to determine if the 1st Defendant’s products are safe for human consumption. The Claimants asserted that as registered Exporters with the Nigerian Export Promotion Council, they could lawfully export the products of the 1st Defendant, and the latter was aware that the products purchased were meant for export, because the containers used for loading the drinks from the 1st Defendant’s premises were marked for export. In its defence, the 1st Defendant asserted that the products manufactured by the company are meant for local distribution and consumption, as the drinks are not manufactured for export, the 1st Defendant being a local bottler. This assertion is in line with the fact that every country/jurisdiction has prescribed limits of components set by its regulatory authority. It was the 1st Defendant’s case that the percentage of chemical components in its drinks, particularly the benzoic acid, is well within the prescribed limit for human consumption set by the 2nd Defendant. It contended that there is no national limit set for the “sunset yellow” component of its Fanta orange products. The 1st Defendant placed reliance on the Certificate issued to it by the 2nd Defendant after rigorous inspection of its products, certifying the products safe for human consumption. At the trial, the 2nd Claimant (CW1) admitted that there are different levels of components tolerable by the regulation of different countries, and that there was no document to show that they informed the 1st Defendant that the products were meant for export. A subpoenaed Officer of the 2nd Defendant also testified in the matter. Her evidence was to the effect that the different standards in the composition in each jurisdiction are set by the countries, taking into consideration their environmental factors. Under cross-examination, she explained that Benzoic acid is a derivative of Sodium Benzoate, which at a level is no longer poisonous, but becomes harmful in the presence of Ascorbic Acid, which is Vitamin C. Issues for Determination The parties formulated various issues for determination but the Court adopted the issues formulated by the 1st Defendant: 1. Whether the 1st Defendant was negligent and breached the duty of care owed to its valuable customers including the 1st Claimant, in the production of its Fanta and Sprite soft drinks which allegedly contained excessive Sunset Yellow and Benzoic Acid. 2. If the answer to issue one is in the negative, whether the Claimants are entitled to the reliefs sought in their claims. The Court found that from the pleadings and evidence led, the following facts were not in dispute: 1. That the Claimants bought soft drinks from the 1st Defendant which were exported to the United Kingdom. 2. That the Coca Cola drinks were allowed into the United Kingdom while the Fanta and Sprite Soft drinks were destroyed on the basis that their components exceeded the recommended level adjudged safe for human consumption. 3. That the 2nd defendant is the regulatory body in Nigeria with responsibility of ensuring that the consumable products manufactured in the country are safe for human consumption. 4. That the 2nd Defendant, further to the Orders of

– (i) duty of care; (ii) breach of the duty of care; and (iii) damage caused by the breach. The 1st Defendant vehemently denied that its products were unsafe for human consumption and certificates issued by the 2nd Defendant to the 1st Defendant indeed, confirmed the safety standards of the soft drinks manufactured by the 1st Defendant. The report of the 2nd Defendant further to the Order of Court shows that sunset yellow in the Fanta was permitted, the Benzoic acid in the Sprite was found to be 161.5MG/L while the expected content fixed by NAFDAC was 250MG/L MAX. The Benzoic acid in Fanta showed 188.64MG/L compared to the figure of 250MG/LMAX expected by the 2nd Defendant. The head of Laboratory of the 2nd Defendant was unequivocal that the chemical components of the soft drinks were satisfactory and within the prescribed limit for consumption set by the authority. Thus, the 1st Defendant did not breach its duty of care.

Adedayo A. Oyebanji

In the High Court of Lagos State Holden at Lagos On Wednesday the 15th day of February, 2017 Before Her Ladyship Adedayo A. Oyebanji Judge, High Court of Lagos State Suit No. LD/13/2008 Between 1. Fijabi Adebo Holdings limited 2. Dr. Emmanuel Fijabi Adebo.............. Claimants And 1. Nigerian Bottling Company Plc 2. National Agency for Food and Drug Administration and Control (NAFDAC) .............Defendants

the Honourable Court on 13/10/2008 and 27/11/2008, carried out routine laboratory tests of all the soft drinks and allied products of the 1st Defendant and issued a report thereon. 5. That pursuant to the Court Order of 15/09/2008, the 1st Defendant refunded to the Claimants, the sum of N1,622,000, which had been received from the Claimants and by a latter Order, the empty crates deposited with the 1st Defendant were converted to cash and the sum refunded to the Claimants. Based on the foregoing, the Court held that the related parts of the reliefs sought by the Claimants have been overtaken by events. Arguments On the first issue for determination, it was stated that the three basic components of the tort of negligence are

".... THE 2ND DEFENDANT WAS GROSSLY IRRESPONSIBLE IN ITS REGULATORY DUTIES TO THE CONSUMERS OF FANTA AND SPRITE MANUFACTURED BY THE 1ST DEFENDANT, BY ITS CERTIFICATION OF THE DRINKS AS SATISFACTORY FOR HUMAN CONSUMPTION, PRODUCTS WHICH FAILED THE SAMPLE TEST FOR HUMAN CONSUMPTION IN THE UNITED KINGDOM"

Court’s Rationale and Judgement The Court held that on the first leg of the requirements, the 1st Defendant, being a manufacturer of soft drinks meant for consumption, must exercise reasonable care in the production of the drinks. Thus, the Claimants established the duty of care owed by the 1st Defendant to the Claimants and other consumers. With regard to the breach of the duty of care, the Court considered the letter from StockPort Metropolitan Borough Council with attached certificate of Analysis by Eurofins Laboratories Limited, United Kingdom and held that whilst from the contents it would appear that the 1st Defendant breached the duty of care to the Claimants and other consumers of its products in question, the evidence before the Court proves the contrary. The Court noted that the regulation governing the chemical component of the Coca- Cola products in Nigeria is different from that applicable in the United Kingdom, and that it is the duty of an exporter to ascertain the quality acceptable in the country of export, as failure to meet the standard in another country, cannot be laid at the door step of the manufacturer. The Court agreed that there was no evidence of the fact that the 1st Defendant was aware the products were for export; nonetheless, this is immaterial to its being fit for human consumption, as such drinks ought to be fit for human consumption irrespective of colour or creed In considering whether the Claimants are entitled to damages, the Court found that to be entitled to damages in cases of negligence, there must be a causal link with the breach of duty of care. Having come to the conclusion that there was no proof of the breach by the 1st Defendant, the claims against the 1st Defendant failed. With regard to the 2nd Defendant, the Court agreed that the only relief against it was actually complied with, further to the Order of the Pre-trial Judge. Nonetheless, the Court held that based on the evidence before it, the 2nd Defendant was grossly irresponsible in its regulatory duties to the consumers of Fanta and Sprite manufactured by the 1st Defendant, by its certification of the drinks as satisfactory for human consumption, products which failed the sample test for human consumption in the United Kingdom. More so, the drinks become poisonous in the presence of Ascorbic Acid known as Vitamin C, which can be freely taken by the unsuspecting public. Though different countries have different limits for additives, in the event that the applicable limit becomes unsafe for human consumption when taken with other consumables, there must be a clear warning to consumers on the effect of taking the products with other consumables. For the above reason, the Court directed the 2nd Defendant to mandate the 1st Defendant to, within 90 days from the date of judgement, include on all the bottles of Fanta and Sprite, soft drinks manufactured by the 1st Defendant, a written warning that the content becomes poisonous when taken with Vitamin C. Claimants’ claim failed. Costs of N2,000,000.00 (Two Million Naira) with 10% interest awarded in favour of the Claimants against the 2nd Defendant. Representation: Abiodun Onidare Esq. with Otaro Esq. and Nkem Amaechi (Miss) for the Claimants. T.O. Busari, SAN with Funke Oladosu (Miss), T.A. Sotayo Aro (Miss), Omolola Banjo (Miss) and K.A. Bamgbose Esq. for the 1st Defendant. No appearance for the 2nd Defendant. Reported by Optimum Publishers Limited (Publishers of Nigerian Monthly Law Reports (NMLR))

21.03.2017

NEWS/5

RECEPTION FOR NEW CJN L-R: Founder, International Institute of Petroleum, Energy Law and Policy (IIPELP) Professor Niyi AyoolaDaniels, Chief Justice of Nigeria, Hon. Justice Walter Onnoghen, GCON, and a Partner in Afe Babalola & Co, Mr. Tunde Afe-Babalola, at a reception for the new CJN in Abuja recently

Imo State Commissioner of Police, Mr Taiwo Lakanu, being presented with his award by the Chairman of the NBA Owerri Branch, Mr. Lawrence Nwakaeti, supported by the Chairman of the Law Week Committee, Mr. N. A. Nnawuchi

NBA Rules Committee Town Hall Meeting, Mahmoud, Idigbe Urge Lawyers to Prepare for Brand New Bar

Stories by Jude Igbanoi

The legal profession in Nigeria, is set be steered in a new and positive direction when the Chief Anthony Idigbe, SAN Committee of the Nigerian Bar Association saddled with the herculean task of reviewing the rules of practice in the profession, concludes it national assignment. The committee which has been going round the country holding town hall meetings with stakeholders in the profession, had a one-day interaction with members of the legal profession last Tuesday at the Nigerian Law School, Lagos with the NBA President Mr. A.B Mahmoud, SAN urging stakeholders to join in the urgent quest to overhaul the legal profession in Nigeria and align it with global best practices. He told the Legal Profession Regulation Review Committee's meeting, that loss of confidence in the judiciary was obvious and palpable, since the architecture of the profession had been worked out over a century ago, without much review. "It is clearly out of tune with current realities of our situation," he said. "I am a keen believer that Nigeria needs to build strong institutions, if really, we need to confront the next stage of our development. " And, the starting point, in my view, must be a strong legal profession. A strong legal profession cannot be built on the current framework that we have. Nigeria's legal profession

is no longer competitive, no longer effective in regulating service delivery, no longer effective in maintaining standards and it's no longer effective, really, in promoting the rule of law, which is what we call our mantra or slogan. "On my inauguration in August 2016, I said something like this : 'With respect to the legal profession, it appears clear that the regulatory architecture of the Nigerian legal profession is out of tune with today's realities and the complexities of the legal profession today. "We must build a consensus on the direction to go. We need more vigorous standards and rebuilding of confidence in the legal profession. "In doing this, we must look at the current global trends and the African continent. We cannot assume leadership roles, regain our respect nationally, across the continent and indeed globally, if we do not change the current perception of the profession. We'll review all current models of regulation and attempt to adopt new models. This, in my view, is what we must do in our overall best interest. If Nigerian Bar Association must retain it's self regulatory status, then, sufficient internal mechanism must be devised and adequate, to ensure that regulatory responsibilities are carried out, efficiently and effectively, to meet global standards. "The committee has been carefully selected. The members, I daresay, represent some of the best brains in the legal profession. Chief Anthony

Idigbe, SAN, demonstrates professional excellence and commands a depth of experience which he garnered from wide exposure. He was called to the Bar in Ontario, Canada. Talking about the committee's secretary, Dr. Aminu Gamawa, he is a Havard trained doctorate degree holder in law, you also have Professor Kanyinsola Ajayi, SAN and other brilliant brains in the legal profession." Chairman of LPRRC, Chief Anthony Idigbe, SAN, underscored the paramount importance of the day's business to the reform of the legal profession. He said: "The President of NBA, A.B. Mahmoud, SAN, deemed it fit to constitute this committee on December 28, 2016, and inaugurate it on January 24, 2017, to among other things, review the current regulatory objectives and regulatory architecture of the legal profession. "After 57 years of independence, we cannot continue to depend on historical framework for the regulation of our profession. We are dispassionately examining the regulatory architecture with a view to recommending a review and reform of the system, in order to achieve the lofty ideals of our terms of reference. To achieve this end, the committee set up two sub-committees, namely, Current State Sub-Committee and Future State Sub- Committee. The Current State Sub-Committee is analysing the current state of the legal

profession, in order to identify areas of reform, which include review of existing laws, review of pending bills and review of overall structure and institutional framework of the legal profession. "The Future State SubCommittee is working on what should be the future regulatory and institutional framework of the profession. The committee has come up with some initiatives for the future state, that should be considered in proposing any reforms. In carrying out its task, the committee considered stakeholders in the legal profession, and the public which the profession serves. As part of the committee's stakeholders' engagement plan, we sent out call for memoranda from the public and key stakeholders in the profession. The committee has received various memoranda and feedback from the public. We are also engaging the judiciary and I should say that we had a meeting with the Chief Justice of Nigeria, Honourable Justice Walter Onnoghen, when he was in an acting capacity. "We are also engaging the Attorney-General of the Federation, and have had meetings with him and he has nominated members into the committee. We are engaging all other Attorneys-General, the National Judicial Commission, the National Assembly leadership and other stakeholders. "And, of course, we are engaging our primary constituency, which is you. - NBA members. And, that is why

we are here today. "The committee will hold a retreat in Calabar, early April, to consider all the suggestions and ideas from various stakeholders, which will be presented to NBA President by April 30th, the deadline given for submission of our report. "Essentially, what we have done in this committee work, is take a look at our own system, see the best practices around d the world, and identify the gaps which should be plugged. In this respect, we thought of 32 initiatives that could move us from where we are today, to where we want to be. That is the Future State. And that future state would be a profession that has clearly stated regulatory objectives. The future we wish to have, would be a profession that has a consistent and harmonised regulatory environment. We found that the regulatory environment, today, is fractured. It is located in different institutions and organisations including the NBA and we found that you don't have enough harmony among the different institutions such as Body of Benchers, the Privileges Committee, the Disciplinary Committee, the Supreme Court and the NBA. They all play different roles in the regulation of lawyers, but there is no communication, no cohesion, no harmony amongst them. But the Future State we are looking for is one, clear, consistent, regulatory environment that will position our profession to be able to

compete, and we noted that whether we like it or not, there is globalisation notwithstanding the protectionism that is coming with Brexit and with Trump. And these well-organised (foreign) systems are going to enter our market, and we have to finds way to do two things. One, to prepare ourselves to be able to compete with them. That means we too, have to be well organised. Two, we need to have a regulatory environment that can offer us some protection, so we can even grow. So, these are the issues we are looking at . "On the 32 initiatives, there are different options. We need to know which option is most suited for us. For example, what sort of regulation do we want? Do we want Self Regulation, for instance? Do we want Statutory Regulation? Or, do we want a mix? "And, we have to face reality. We can simply say we want self regulation. It looks very easy, very attractive. But what is the current state in Nigeria? Is it mixed or pure statutory regulation? So, the committee did analysis and found that no matter what we wish, it is mixed regulation. The reason: the Legal Practitioners' Act, for instance, is a statutory instrument. So, even if all the people appointed there are lawyers, it is still a statutory instrument. The Legal Education Consolidation Act is a statutory instrument, and, that is so. The Bar Council, the Body of Benchers, Privileges Committee, the Regulation Committee. They are all statutory."

NBA Owerri Honours Imo CP and Obi-Okafor at Law Week The Imo State Commissioner of Police, Mr. Taiwo Lakanu and Chief Arthur Obi-Okafor, SAN, were feted by the Nigerian Bar Association, Owerri Branch two Fridays ago, at the Vilas Garden Hotel, Owerri for their contributions to the development of the legal profession and the country. Mr. Lakanu was honoured for stemming the tide of crime

in Imo State, since he assumed office as Commissioner of Police in the State, while Chief Arthur Obi-Okafor, SAN was honoured as the Pillar of Sports and Philanthropy in the Eastern Bar Forum. The awards were presented by the Chairman of the NBA Owerri Branch, Mr. Lawrence Nwakaeti, supported by the Chairman of the Law Week Commit-

tee, Mr. N. A. Nnawuchi, SAN. CP Lakanu received his award personally, while Miss Chisom Chude received the award for Obi-Okafor, SAN. Mr. Taiwo Frederick Lakanu was born into the noble family of Mr. and Mrs. Lakanu of Lagos State. He started his educational career at the Yaba Model Primary

School and Eko Boys High School, where he sat for his West African School Certificate. From there, he proceeded to CMS Grammar School where he sat for his Advanced Levels, and passed out in flying colours His determination to improve himself encouraged him to study Philosophy and subsequently Law, at

the University of Lagos. He was later called to the Nigerian Bar. Desirous to improve his educational standard, he proceeded to the prestigious University of Leeds in England, where he obtained a Masters degree in Law. During his stint as the Head of the Special Anti-Robbery Squad in Lagos, CP Lakanu

earned the Inspector-General of Police Gallantry Award for his contributions to reducing the spate of crime in Lagos. He also lectured Law at Police College, Ikeja from where he was later appointed as the Principal Staff Officer to the Inspector-General of Police. CP Taiwo Lakanu's CONTINUED ON PAGE 6

21.03.2017

Judiciary is for Honour and not for Money Making, Says Justice Ajanah

Yekini Jimoh in Lokoja

The Chief Judge of Kogi State, Honourable Justice Nasiru Ajanah has warned that the Judiciary is for honour and not for money making. Justice Ajanah gave the warning in Lokoja during the Conference of Area Court Judges Association, Kogi State chapter. According to him, any erring Judges will not be spared, but will be shown the way. The Chief Judge of Kogi State stressed that the Judiciary is the last hope of common man, and as such, Judges should always work towards protecting their names. Justice Ajanah who was represented at the

occasion by the Chief Registrar of the High Court, Alhaji Yahaya Adamu, posited that Judges should always make sure that cases are not delayed before judgement is delivered, in order to decongest the prisons, particularly awaiting trial. Meanwhile, Justice Alaba Omolaye-Ajileye, in his lecture titled, "Discipline and Judicial Ethics Vis- A-Vis Corruption in the Area Court System" has recommended that a special code of conduct be formulated for Area Court Judges, to guide and direct their conduct. He said that the existence of such written Codes will be a right action in the right direction, stressing that it may be said that such provisions as contained in the Codes, may be difficult to

enforce. He said that it has been argued that one possible factor of corruption in the Judiciary could be that the salaries of Judges, Magistrates and other administrative personnel are so low, that they are tempted to accept or solicit bribes, in order to make their everyday life better. "I know that an Area Court Judge who is determined to be dishonest, dubious, and corrupt or who desires to abandon the path of rectitude, will find ways of violating or circumventing them, yet, they are of immeasurable value in preventing a steady recipe to decay and unconscionable behaviour of such judges", he noted. According to him, if the salaries and allowances

NBA OWERRI HONOURS IMO CP AND OBI-OKAFOR AT LAW WEEK CONTINUED FROM PAGE 5 outstanding and indelible performance as Deputy Commissioner of Police in Delta State Command, in stemming the tide of crime and criminality, especially kidnapping and armed robbery earned him a promotion to the rank of Commissioner of Police, Ekiti State. In Ekiti State, he courageously provided solutions to the much needed elusive peace and political violence that engulfed the State. CP Lakanu also had a brief service as Commissioner of Police in charge of Nigeria Airport Command, from where he was posted as the 31st Commissioner of Police, Imo State. He is a member of the Nigerian Bar Association, International Bar Association and Member, International Association of

Chiefs of Police. Chief Arthur Obi-Okafor, SAN obtained his Bachelors of Laws ( LL.B) Hons from the University of Calabar in 1990, and proceeded to the Nigerian Law School, Lagos. He was called to the Bar in1992. He joined the law firm of Late Dr. Chimezie Ikeazor, SAN where he cut his legal teeth and learnt the art of the profession. He established his current law office at God is Great Arena, Asaba in 2009 and was conferred with the prestigious rank of Senior Advocate of Nigeria SAN in 2010. He is a Fellow of the Chartered Institute of Arbitrators, Nigeria. Arthur Obi-Okafor, SAN is a recipient of several awards including the distinguished Alumnus Award of the

University of Calabar. Obi-Okafor, SAN has served the NBA in many capacities including: Alternate Chairman Legislative Advocacy Committee of NBA 2012-2014, Chairman of the NBA Resources Committee 2016. He is a former representative of the NBA on the Steering Committee of NEITI Civil Society Platform, is a former Chairman South-East Zone B of the NBA Disciplinary Committee. Arthur, as he is fondly called, has been a member of the National Executive Committee of NBA since 2012. He is a Member of the NBA Legal Profession Regulation Review Committee, which was recently inaugurated by the President of the Nigerian Bar Association.

of Judges and other staff of the Judiciary, are doubled today, will that eliminate corruption within the system? "It is therefore important to underscore the fact that a big salary is not itself a sufficient factor to reduce corruption. A Judge or a staff that is determined to be corrupt, will still engage in corruption whatever the size of his or her salary," he said. Justice Alaba posited that other general causes of corruption less "basic" than need and greed, include the love of ostentatious lifestyles, and tempting offers from both litigants and lawyers. He stressed that these corruption-enhancing factors include the absence of transparency, lack of judicial knowledge of the substantive and procedural rules leading to attempts by lawyers and litigants to bend the rules. Speaking further, he mentioned that poverty is another contributing factor to corruption in our society, adding that the need for an individual to make ends meet and to respond to extendedfamily pressure, is a factor that may constrain an individual to think of violating established norms, which may lead such an individual to seeking bribes. "Area Court Judges must appreciate the need to eschew corrupt practices. What obtains in our lower courts accounts largely for the attitude of the ordinary person to the justice system. "If we are to be honest with ourselves, we must admit here that, the widespread impression is that justice is available at a price in our Area Courts. Many people don't believe that they can obtain justice in our Area Court, unless the Judges are bribed," he said.

Legal Personality of the Week Anthony Atata

â&#x20AC;&#x2DC;Law Business Is Serious Business and Requires Enduranceâ&#x20AC;&#x2122; I am Anthony Atata, a Partner in Hall Black Law. I am the Vice-Chair of International Bar Association, African Regional forum, where I had previously served as the Communications Officer and Newsletter Editor. I am a litigation lawyer with specialised interest in Company, Divorce and Sports Law. I am also a member of the communication Committee of the International Bar Association. I am an active member of the Nigerian Bar Association, where I have served in the executive committee and various ad hoc and standing committees namely, Human Rights Committee, Law Week Committee, NBA Lagos Task Force Committee for the 2009 Annual Conference in Lagos. I served as the Editor of the Premier Brief, a publication of the Lagos Branch of the Nigerian Bar Association. I am the founding Editor of Courtroom Mail. I am the promoter of Lawyers Table Tennis Open (Mfon Usoro Cup) which began in 2009. Have you had any challenges in your career as a lawyer and if so, what were the main challenges? The challenges I experience are the usual challenges of all litigation lawyers which border on the slow pace and uncertainty in the administration of justice. This includes challenges encountered from filing of processes to enforcement of judgements, Fortunately, some of these challenges can be overcome, if we dedicate ourselves to solving them. Nothing in this era prevents a lawyer from waking up at midnight to file his case online or effect service. The analogue system presents a big challenge which sometimes makes law practice look like a menial Job. The second is the total disconnect between the Bench and the Bar, in terms of communication. A situation where a lawyer wakes up at 4:30am to get to court only to realise that the court will not sit, is usually disheartening and presents enormous challenges. The process of Appeals is still very cumbersome

Anthony Atata

and slow. That comes with its own challenges When was your worst day as a lawyer? I think I have two worst situations that rank at per. A time I filed an Anton Piller application before a Federal High Court, and the court ordered that parties be put on notice. Of course, you know the consequences of that. Secondly, some years back, I had a matter I was doing for a foreign company at the High Court in Lagos. Because of the urgency in that case, my ex-parte application was heard on the 23rd of December, but unfortunately it was not granted. Before the interlocutory application was heard the following year, my client lost almost all his businesses and moved out of the country. For the first time, I contemplated abandoning Law Practice. What was your most memorable experience? My most memorable experience was the first case I did from start to finish at the High Court as a young Lawyer and judgement was delivered in my favour too.

Who has been most influential in your life? My parents have influenced me the most. Professionally speaking, I have met a lot of Senior Lawyers who have influenced my behaviour and shaped my ideals and aspirations. It will be difficult and impossible to narrow it to one person. From George Etomi and Anthony Idigbe, SAN who have influenced my thoughts on specialisation in the practice of Law to Mrs. Funmi Oluyede, who has guided my path, Funke Aboyade, SAN who pushed me to keep writing, Hon. Justice Taiwo O. Taiwo as he then was, the late Obi Okwusogu, SAN, Mrs. Mfon Usoro, Tunji Gomez, Supo Shasore, SAN who brought sophistication to the office of the AGS, Chijioke Okoli, SAN, Paul Ananaba, SAN, Gbenga Oyebode, Dr Babatunde Ajibade, SAN. These are lawyers that will always leave behind something with you, regardless of how long you spend with them or heard them. Why did you become a lawyer? As usual, with most Catholic boys, at some point in your life there will be this desire to become a priest. It happened to me as a boy. However, with age and better understanding of the stakes, I departed from that ambition which I considered prestigious because of the process of becoming a priest. When I departed from that, the only available option was to join another prestigious class that would provide an opportunity to influence humanity, which was the Legal Profession. That was the only place that I felt that could fit in. I can tell you, that has been the best life's decision that I have made. What would your advice be to anyone wanting a career in law? The desire by many to read law is understandable, and the lack of will by many who read law is also understandable. Law practice or even the business of law as many lawyers call it now, is like marriage. Many people look forward to the ceremony of Call to Bar, but lack the endurance to make it work for them.

Law business is serious business and requires a high level of endurance. Every year, many are called, but in practice, few are chosen, so anyone who wants to study law to practice law, must know that it is not yet uhuru to quit studying. It continues forever. It is hard work, until you either die or quit. It is a beautiful profession and beauty must be maintained with diligence. If you want to read law, know that it is not a sprint but a marathon, an exciting one though. If you had not become a lawyer, what would you have chosen? I can't imagine not being a Lawyer. Where do you see yourself in ten years? I see myself in the Legislature. Law making in my opinion, is the best way to advance the course of humanity. Using laws to develop and build a nation for the benefit of all, is what I may be doing in the next Ten years. No doubt, a lot has happened in the past ten years to position the profession. However, a lot still needs to be done to put the profession at par with best practices. The rules on dispensation of civil justice should be reviewed to speed it up and make litigants believe in the system. Like I pointed out, Information Technology should be fully integrated into the profession, making it possible for Lawyers to file court processes at any time of the day, make payments, effect service, track the assignment of cases etc. I know efforts are on in this direction already, but we should speed up things. In the administration of Criminal Justice, there should be a total overhaul of the bail system. A situation where someone arrested from one State and arraigned in another, and is given a bail condition that requires him to call a surety who resides or works in the State where he knows no one, is unfair. Bail conditions should serve the purpose that it is meant for, which is to compel appearance in court, and should not be punitive. There should be constant productive interaction between the Bar and the Bench.

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Kehinde Sofola SAN, CON: A Legal Icon On the 10th Anniversary of his passing, the Kehinde Sofola Family pay tribute to this exemplary lawyer and legal icon, Mr. Kehinde Sofola, SAN, CON. Not only did some of his landmark cases help in no small measure to shape the law in Nigeria, he was also a teacher of lawyers, who contributed to the careers of many successful Legal Practitioners, Justices and Judges

In Memory of a Legal Icon r. Kehinde Sofola, SAN, CON celebrated a legal career spanning over five decades before he passed on in 2007. He was an intellectual giant in legal practice, an extraordinary solicitor, a distinguished barrister, a lover of the law, a friend of the Court, and a champion of the underdog. Some of His Landmark Cases that Shaped Nigerian Law Mr. Kehinde Sofola made his mark on the legal annals of Nigeria in over 500 notable judicial cases. His cases contributed to shaping our law of evidence and civil procedure. For example, around issues relating to the construction of wills in ADEBAJO v ADEBAJO & ORS (1975) NSCC 204; JADESIMI v OKOTIE EBOH (1996) 2 NWLR (Pt.429) 128 and the resolution of the contentious case on locus standi at the Supreme Court in the case of OWODUNNI v REGISTERED TRUSTEES OF CELESTIAL CHURCH OF CHRIST (2000) 6 SCNJ 404 where his wealth of experience and deep grasp of the law manifested with the novel argument that resolved the legal issues at stake. In the Owodunni case, the Supreme Court upheld the submission of Kehinde Sofola, Esq., that the issue of locus standi is to be ascertained from examining the pleadings, to see whether it discloses sufficient interest, in order to determine if the plaintiff has locus standi; and not just from the relief sought by the plaintiff. This shed much needed light onto the issue of locus standi as applied to Nigerian courts. The important distinction between a ground of law and one of mix law and fact or facts in a Notice of Appeal was given clarity in 2 Supreme Court cases of OJEMEN v MOMODU [1983] 3 S.C. 173 and OGBECHIE v ONOCHIE [1988] NWLR (Pt.70) 370. He also made major imports into the development of law of insurance see KEREWI v ODEGBESAN (1965) A NLR 95 etc. The outcomes in several royal disputes were impacted by his advocacy see ALHAJI AWWAL IBRAHIM v GALADIMA SHAIBU BARDE & ORS [1996] 9 NWLR (Pt.474) 513, ADEFULU v OYESILE [1989] 5 NWLR (Pt.122) 377. In the area of criminal law, he successfully defended many unjustifiably accused persons charged with politically motivated prosecutions. He was lead counsel in the defence of the President of Nigeria, Alhaji Shehu Shagari and his Vice-President, Dr. Alex Ekwueme in the tribunal set up after the December 1983 military coup. The impact of his cases also went beyond legal practice and helped formulate law. It must be recalled that the minimum wage for Civil Servants in Nigeria, came on the heels of the action instituted by Mr Kehinde Sofola at the Nigerian Industrial Court, on behalf of the Nigerian Civil Service Union. His Speeches and Writings Equally notable were his speeches and writings at august occasions, such as the inauguration of Senior Advocates of Nigeria, retirement of Judges and Chief Justices, advice to incoming Presidents of Nigeria, and various lectures at the Nigerian Bar Association An Exemplary statement by Mr. Kehinde Sofola (his preferred title) is the excerpt below, delivered at the swearing-in ceremony of new Senior Advocates of Nigeria, 26th September 2005: “The Bar has a duty to respect the court and the court ought to be treated with extreme courtesy and deference. Respect begets respect. Members of the Bar must, through hard work, thorough preparation of their cases before appearance, purposeful cross-examination, beauty of language, strict adherence to the unwritten laws of the legal profession, sincerity and truth as the basis of success at the Bar, command the respect of the Bench. It is the Bar and the Bench that are supposed to protect people against abuse. The courts are truly the last bastions of

Sofola; and three of his own children, Kayode Sofola SAN, Dr. Olatokunbo Sofola and Ms. Adefowora Sofola. The late Chief Gani Fawenhimi, SAN had this to say about him: “He is a legend. That is indisputable. He is a legal icon. That cannot be controverted. Kehinde Sofola is one of the few whose stamp on the rule of law and its development has helped to shape the legal profession since the emergence of the Nigerian legal practice in the 19th century. Highly brilliant, extremely intelligent, exceedingly hardworking, courageous and strictly disciplined, Sofola has become a living legal role model” Back Cover of the [2005] 11 NWLR (part 935)

The late Kehinde Sofola, SAN, CON

the populace before anarchy. We all must accept that the main function of the court is to preserve the kind of society which ensures that all men are equal before the law and have equal opportunity for themselves and for their children.” Mr. Kehinde Sofola, a Teacher of Lawyers Mr. Sofola was the Principal Partner and Head of Kehinde Sofola & Co, also known as Ewenla Chambers, established in 1954. He devoted a significant part of his career to training new wigs who served tutelage in his chambers. He was not just a lawyer, but a teacher of lawyers. He trained numerous legal practitioners, legal officers and judicial officers. Kehinde Sofola Alumni include two Justices of the Supreme Court, the late Justice Michael Ekundayo Ogundare JSC and late Justice Olajide Olatawura JSC, Justice of the Court of Appeal, Justice Abimbola Obaseki- Adejumo, former Chief Judge of Lagos State, retired Justice Ayo Phillips etc, numerous Senior Advocates of the Federation like Kehinde Onofowokan, Dr. Mudiaga Odje, Prof. Gbolahan Elias Mrs Phoebe Ajayi-Obe, Olumide Sofowora, Lanre Ogunlesi, and innumerable, successful legal practitioners. He trained his own family to be lawyers, too: his brother, Idowu Sofola, SAN; his nephew, Kunle

"THE IMPACT OF HIS CASES ALSO WENT BEYOND LEGAL PRACTICE AND HELPED FORMULATE LAW. IT MUST BE RECALLED THAT, THE MINIMUM WAGE FOR CIVIL SERVANTS IN NIGERIA, CAME ON THE HEELS OF THE ACTION INSTITUTED BY MR KEHINDE SOFOLA AT THE NIGERIAN INDUSTRIAL COURT, ON BEHALF OF THE NIGERIAN CIVIL SERVICE UNION"

His Life Mr. Kehinde Sofola, SAN, CON was born in IkenneRemo, Ogun State on the 10th of March, 1924. He was of the second of three sets of twins delivered by his mother, late Chief Salamotu Adefowora Efunwiyan Sofola, the ‘Iya Suna’ of Ikenne Muslims. His father was the late Chief Sanni Sofola Odulana, Seriki of Ikenne Muslims, one of the first indigenes to accept Islam in Ikenne. He attended C.M.S School, Sagamu from 1938 to 1939 and went on to Baptist Boys’ High School, Abeokuta in 1940 to complete his secondary education. Between 1944 and 1945, he sat for and passed with flying colours, the London Matriculation Examination, whilst working at the Nigerian Railway Corporation as a clerk. He worked until 1951 when he left for further studies in England. It was not the original plan of Mr. Kehinde Sofola to pursue a degree in law. He was persuaded to read law partly in deference to his father who had a great influence on him, and partly because of his natural aversion to the oppression of man by man. Before he left for England to study law, the young Kehinde Sofola booked his return passage for a specific date, which he fulfilled by determination. On arrival in England, he enrolled at Lincoln’s Inn for the Bar Examination and passed the Bar Finals in December 1953. He was called to the English Bar on the 9th of February 1954 on the same day as the Late Honourable Justice Okpan Kalu Anya (J.C.A) and the Late Mrs. Margaret Thatcher, the former British Prime Minister. He also graduated with his LL.B in 1954 and went on to complete a special practical course at the Council of Legal Education. He returned to Nigeria thereafter, and was enrolled as a legal practitioner on the 11th of September 1954 at the Supreme Court of Nigeria with NBA no. 430. He achieved distinction at the Bar and was conferred with the rank of Senior Advocate of Nigeria on the 1st of December, 1978 with 12 others including the late Chief Obafemi Awolowo, SAN. In 1983, he was nominated and appointed to the highly coveted position of Attorney-General and Minister for Justice of the Federation. Mr. Sofola held many important national, international and professional appointments such as the Director of Nigeria Airways (1963-1965); Director, Board of Customs and Excise (1965-1966); Vice-Chairman, Bank of India (Nig.) Ltd, later known as Allied Bank of Nigeria Plc, (1975-1977); and Member, Panel of Arbitrators, International Centre for Settlement of Investment Disputes. Other appointments include membership of the Federal Judicial Service Commission representing the Bar (1980 – 1983); Member, National Judicial Council (2001 – 2004). Mr. Sofola was a Life Member and former Chairman of the Body of Benchers, the apex authority in the legal profession. . He was the legal adviser to several companies and organisations. In 2002, the Federal Government of Nigeria, in recognition of his contribution to national development conferred upon him the national merit award of Commander of the Order of the Niger (CON). Mr Kehinde Sofola, SAN, CON, left this dimension on the 25th of March, 2007. He has left his indelible mark on the legal profession of Nigeria, and Nigeria. He is sorely missed. The Kehinde Sofola Family

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‘Buhari’s Ministers Colluded with IMF to Ruin our Currency’ Controversy is his second nature, and he doesn’t really care if he is perceived in that light. However, Mr. Femi Falana, SAN has over the years, fought many good fights, losing some and wining many. The fearless human rights crusader and recipient of the coveted Bernard Simmons Award of the International Bar Association, told Onikepo Braithwaite and Jude Igbanoi in a no holds barred interview last Friday that "I am currently involved in the larger struggle of retrieving our country from the soiled hands of corrupt political buccaneers and their imperialist masters"

Mr. Femi Falana SAN PHOTOS: Kolawole Alli

earned Senior Advocate, there are so many complaints about legal practice today, including long delays in court process especially in the Court of Appeal and Supreme Court, some Judges not even understanding some of the issues that they are faced with in litigation, to mention but a few. What do you think should be part of the new Chief Justice of Nigeria’s priority list with regard to reforming the Judiciary? The appellate courts are unnecessarily congested with appeals, due partly to lack of proper case management. Ours is the busiest Supreme Court in the world. Because we are operating a unitary federal system, matters which arose from the customary courts, area courts and magistrates courts are fought up to the Supreme Court. The government is not helping matters as every trivial legal dispute is taken to the Supreme Court. The South African government has

just withdrawn the bill to legitimise the withdrawal from the ICC, on account of the judgement of a high court. Even the cantankerous President Donald Trump, did not pursue the appeal over the legal validity of his travel ban beyond the Court of Appeal. If it were here, the government would have challenged the decisions of the lower courts up to the Supreme Court. Before the 2011 amendment of the nation’s Constitution, appeals arising from governorship elections terminated at the Court of Appeal. But the Supreme Court under Chief Justice Aloysius Katsina-Alu conspired with the leadership of the NBA, to acquire jurisdiction to entertain appeals from governorship elections in the 36 states. Today, the apex court is congested with appeals arising from pre-election and post election matters pertaining to governorship elections. The court also entertains appeals from State and National Assembly elections conducted in the 36 states and the Federal Capital Territory. Another issue which contributes to congestion of cases, has to do with the guideline

"OURS IS THE BUSIEST SUPREME COURT IN THE WORLD. BECAUSE WE ARE OPERATING A UNITARY FEDERAL SYSTEM, MATTERS WHICH AROSE FROM THE CUSTOMARY COURTS, AREA COURTS AND MAGISTRATES COURTS ARE FOUGHT UP TO THE SUPREME COURT"

for the rank of SANs which stipulates that every applicant must submit not less than 3 Supreme Court cases. That has led to a situation whereby lawyers are instigating and funding frivolous appeals in order to meet the prerequisite for SANship. Since the practice of the Supreme Court is similar to that of the Court of Appeal, I have suggested that the number of cases handled in the Court of Appeal be increased to 7 instead of 4 so that applicants should be asked to either submit 7 Court of Appeal cases or 3 Supreme Court cases with 4 Court of Appeal cases. If you do that, the number of frivolous appeals filed in the apex court will be substantially reduced. In the area of case management, our appellate courts have to be up and doing. The last time I was at the Supreme Court, the lawyers in one political case were allowed to spend over one hour just to announce appearances, because they flooded the place with so many lawyers. Why should that be so? The new Chief Justice, the Honourable Justice Walter Onnoghen has expressed concern over interlocutory appeals. With

21.03.2017 "I CANNOT FATHOM HOW A DEMOCRATIC GOVERNMENT CAN DEFY THE ORDERS OF COURT, DIRECTING THAT DETAINED POLITICAL DETAINEES BE RELEASED ABSOLUTELY, OR THAT CRIMINAL SUSPECTS BE GRANTED BAIL" respect to his Lordship, I think the problem has to do with case management by our courts. Even though our courts are required to grant leave in the majority of interlocutory appeals, it is automatically granted once the application for leave is not challenged by the opposing counsel. If our courts are however prepared to exercise the discretion which the Constitution has conferred on them, they would decongest the Courts. Do you think that the DSS Raids against the Judiciary has achieved anything positive? Even though I support the fight against corruption, I can never endorse the nocturnal raid of the official quarters of judges and the homes of other citizens accused of corruption or any offence whatsoever. During the second coming to power of military dictators in Nigeria from 1983-1999, the National Security Organisation which later metamorphosed to the State Security Service, otherwise called DSS, regularly raided my home and office. On one occasion, I was abducted and dumped in the bush along the lonely Epe road. Simultaneously, the late Dr. Beko Ransome-Kuti was kidnapped and dumped at Ijanikin along Badagry road. To our utter chagrin, the SSS denied any involvement in our abduction. Although we dismissed the official denial of the SSS, I later met a detained military officer in Kuje prisons in 1992, who informed me that our abduction was carried out as part of the preparation for the Gideon Orkar-led coup which was staged on April 22, 1990. Can

COVER/9 you believe that our abductors wanted to incite the human rights community against the Babangida junta which they wanted to overthrow? As kidnapping has become rampart in the country, corruption may fight back by recruiting criminal elements to wear masks and abduct innocent judges at night and kill them, and thereby embarrass the Buhari administration. It happened in Ghana under the military dictatorship led by Jerry Rawlings, when 4 judges including a nursing mother, were abducted at night and brutally murdered. To avert such an ugly scenario, I have cautioned the SSS to desist from further raiding the homes of judges at night. NBA and disobedience to Court Orders As a matter of urgency, the NBA ought to prevail on the Federal Government to comply with the several court orders that are being treated with contempt by the Federal and State Governments. I cannot fathom how a democratic government, can defy the orders of court directing that detained political detainees be released absolutely or that criminal suspects be granted bail. Nigeria has since joined the bad company of countries that disobey the orders of the ECOWAS court. Under the Goodluck Jonathan administration, the then Attorney-General of the Federation, Mr. Mohammed Bello Adoke, SAN ensured that court orders including those of the ECOWAS court were obeyed. I have tried, in vain, to impress it on his successor, Mr. Abubakar Malami, SAN, to prevail on the Federal Government to observe the rule of law and comply with court orders. The NBA should wake up from its lethargy in the face of incessant disobedience to court orders. If the NBA under the presidency of Alao Aka-Bashorun could boycott courts over the flouting of a single court order by a military dictator, the current leadership cannot afford to remain indifferent to executive lawlessness under a democratic dispensation. Corruption in the Courts It has to be realised that we cannot successfully fight judicial corruption, if we fail to stop the service of originating processes through extortion by court bailiffs, the execution of judgements through extortion by deputy sheriffs, the compilation of records of appeal through extortion by the record section and obtaining judgements of courts through extortion by court registrars. It is

often said that the court is the last hope of the common man. This is a myth in every capitalist society like Nigeria, where the common man is economically disabled to access the court for redress. Within the ambit of a neo-colonial legal system, the judiciary has performed fairly well. But the judiciary has not impacted on the masses of our people. We have over 40,000 poor people who are languishing in prison custody because their cases are awaiting trial in the criminal courts. But all attention is largely concentrated on the High Courts and the Appellate Courts patronised by the elite constituted by a tiny fraction of the society. How do you rate the Buhari Regime so far? There is no doubt that the Buhari administration inherited a country that had been run aground by a dangerously corrupt and visionless ruling class. But because the ruling APC believes in the ideology of underdevelopment canvassed by imperialism, it has embraced the rein of market forces. Personally, President Muhammadu Buhari is vehemently opposed to the devaluation of the national currency, but his cabinet members who are largely

"PERSONALLY, PRESIDENT MUHAMMADU BUHARI IS VEHEMENTLY OPPOSED TO THE DEVALUATION OF THE NATIONAL CURRENCY, BUT HIS CABINET MEMBERS WHO ARE LARGELY NEO-LIBERAL IDEOLOGUES, COLLUDED WITH THE IMF TO DOLLARISE THE ECONOMY. AT THE END OF THE DUBIOUS EXPERIMENT OF THE REGIME, THE NATIONAL CURRENCY HAS BEEN RUINED"

neo-liberal ideologues, colluded with the IMF to dollarise the economy. At the end of the dubious experiment of the regime, the national currency has been ruined. Whereas, section 16 of the Constitution states that the government shall control the national economy in a manner that the commonwealth shall not be concentrated in the hands of a few people, the regime decided to hand over the economy to market forces and the private sector. Even though we are told by the apostles of market fundamentalism that the government has no business in business the government, government was made to sell our common patrimony to selected private sector players, provide them with intervention funds, huge loans from commercial banks, duty waivers and tax incentives. The same government has had to set up the Asset Management Corporation of Nigeria (AMCON) to buy off the toxic loans of the rich. Today, AMCON is battling to recover N5.4 trillion in loans incurred by about 50 private sector players. Is that how to run a private sector driven economy? The Federal Government has just concluded plans to give another intervention fund of N700 billion to the discos and gencos, in addition to the N300 billion given to them when they bought the assets of the PHCN. The solution to the gross mismanagement of the economy and the crisis of poverty and insecurity is well captured in chapter 2 of the Constitution. The Constitution decrees that the welfare and security of the people, shall be the primary purpose of the government. To that effect the Constitution states that the economy shall be centrally planned and controlled by the State, to promote the welfare and happiness of the people, guarantee free education and health, provide shelter for the people, ensure that a living minimum wage, pension and unemployment benefits are paid. Whereas the fundamental objectives and directive principles enshrined in the Constitution are realisable under a socialist economic system the Buhari regime has decided to consolidate the neocolonial and peripheral capitalist system, which has destroyed the economy and compounded the crisis of underdevelopment. Unless the government reverses the trend, invests in the people, empowers them and mobilises them to manage the affairs of the country, we can never fix any of the major problems plaguing the nation. What do you think about the fight against corruption? Do you think it has had any positive impact so far? It is almost 2 years since this regime assumed office. Do you think that if there are significant prison convictions arising from this fight against corruption, it will serve as a deterrent? What else do you think Government can do to make the fight more effective? Do you think that this Government can stamp out corruption? You cannot seriously fight corruption in a capitalist state, because capitalism is nurtured and sustained by corruption and fraud. Unknown to the government, the western countries are the most corrupt nations on earth. But they turn round to label us as corrupt. Meanwhile, the bulk of the looted wealth of Africa is domiciled in western banks and other financial institutions. They have also created dens of robbers in remote tax havens and set up secret accounts and offshore companies as revealed in the Panama papers. Through the repatriation of profits raked from Africa, multinational companies are allowed to engage in capital flight. These corrupt activities of western governments and corporate bodies are legitimate under a capitalist system. Therefore, a government which cannot see through such fraud perpetrated by imperialism, cannot seriously confront the menace of corruption. All the same, the feeble fight against corruption by the Buhari administration ought to be critically supported. All stolen funds should be recovered, and spent on fixing a number of hospitals, schools and job creation. With respect to the conviction of politically exposed persons, some progress has been recorded by the administration. A former Governor and Finance Commissioner have been jailed in Adamawa State. A former DG Of NIMASA has been convicted and sentenced to 5 years imprisonment. Some Local Government Chairmen have been jailed in Kogi and Kaduna States. A number of subsidy fraud suspects have been jailed and CONTINUED ON PAGE 10

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'BUHARI'S MINISTERS COLLUDED WITH IMF TO RUIN OUR CURRENCY ' CONTINUED FROM PAGE 9 ordered to refund huge sums of money. With the aid of the Administration of Criminal Justice Act, 2015, many other corruption cases will soon be concluded. But then the trial courts have to ensure that defence counsel do not subject witnesses to unending crossexamination, which is the new stratagem employed by senior lawyers to frustrate the prosecution of corrupt big guys. No capitalist government can stamp out corruption, but the government can do much more than it is doing. In particular, the government has to ensure the passage of the bill for the establishment of a special court to fight economic and financial crimes, including drug trafficking and human trafficking, corruption and money laundering, terrorism and kidnapping. The regular courts are congested with so many other cases, that the system needs a special court to deal ruthlessly with the mega looting of the treasury. If the government wants to be taken seriously in the fight against corruption it has to remove and prosecute corrupt elements in the corridors of power. In other words, the Secretary to the Government of the Federation, Ministers and Military Chiefs who have been fingered in the miasma of corrupt practices, should be removed and prosecuted. Your stance on corruption is very well known. How, in your view, has the Prof Sagay Presidential Advisory Committee Against Corruption fared in its crucial assignment to rid the nation of corruption? The Presidential Advisory Committee Against Corruption led by Professor Itsejuwa Sagay has given a direction to the anti-corruption policy of the Federal Government. It has organised programmes for judges, prosecutors, faith based organisations, the labour movement and other civil society bodies, with a view to repositioning the society in the fight against corruption. It has also brought up petitions alleging corrupt practices, which were hitherto suppressed by the anti- graft agencies. In defending the anti-corruption policy of the government, its chairman, Professor Sagay, has not hesitated to indict corrupt government agencies. To that extent, I believe that the Committee has discharged its duty. Happily, those who vehemently disagree with the involvement of the Committee in some controversial issues, have not hesitated to join issues with the Chairman, Professor Sagay. Do you agree with the recent nomination of the 9 lawyers to the position of Justices of the Supreme Court? The appointment of lawyers as Justices of the Supreme Court is a vexed issue in all common law countries. The appointment is rarely made because of the complexities involved. The last time the United States government did so was 25 years ago. In the last 67 years, India has appointed only one lawyer to the Supreme Court bench. The United Kingdom has appointed only one lawyer to the Supreme Court bench. The last time a Nigerian lawyer, the late Augustine Nnamani, was appointed as a Supreme Court Judge, was about 28 years ago. We need to find out why such appointment was stopped. It was found that upon leaving the law school, lawyers decide to either go to the bench or opt for legal practice. Having done well in legal practice you are able to reach the apogee of your carrier by becoming a SAN. Your colleague who opted for the bench has been elevated to the Court of Appeal. If there is a vacancy in the Supreme Court it is logical and fair that the Justice of the Court of Appeal be appointed to the apex court. That is the height of his judicial career. But the NBA has intervened to make a case for a SAN to fill the vacancy. The question is whether it is fair to allow lawyers who have become SANs, to be appointed as Justices of the Supreme Court and thereby, frustrate the

Justices of the Court of Appeal from the same geopolitical zone. Of course, it has been contended that the late Justice Taslim Olawale Elias, was appointed from the University of Lagos. But thereafter, the system compelled other academics like the late Justice Niki Tobi and Chike to commence their judicial career in the High Court. I also know not less than 3 judges in the National Industrial Court were in the universities before their elevation. It has also been said that some high court judges were appointed to the Supreme Court. At that time, there was no Court of Appeal. It was only the Western State that had a Court of Appeal. The late Justice Kayode Eso had served in the Western State Court of Appeal, before his elevation to the Supreme Court. Having regard to our history and the justice of the matter I am of the firm view that lawyers who want to join the Supreme Court bench, should start their judicial carrier from the High Court bench. What about your recommendation that lawyers who are being investigated for corruption should be suspended from practice, pending the outcome of their cases? Would it not be prejudicial to the cases they are handling, knowing that some of them may actually be proven innocent? It is not my idea. I was only referring to one of the guidelines for the rank of Senior Advocates of Nigeria, which provides that a SAN who is under criminal trial may be interdicted pending the conclusion of the case. That is the practice in the public service. The judges who are currently standing trial, have been suspended from service. A few years ago, some Senior Advocates were suspended pending investigation of the allegations against them. A former Attorney-General was even suspended for abuse of office. There is nothing prejudicial about it, as whoever is suspended, is entitled to automatic reinstatement, if discharged and acquitted by a criminal court. Nigeria is in a bad state. Many are not happy with the performance of the Ministers. Do you think that it is a better system to give intended Ministers their portfolios before they go for Senate screening, so that their antecedents in those fields and roles that they have been

"HAVING REGARD TO OUR HISTORY AND THE JUSTICE OF THE MATTER I AM OF THE FIRM VIEW THAT LAWYERS WHO WANT TO JOIN THE SUPREME COURT BENCH SHOULD START THEIR JUDICIAL CARRIER FROM THE HIGH COURT BENCH"

nominated to play, will be known to all before they are confirmed? While it is desirable to attach portfolios to offices it is not a panacea for good performance in office. I fully agree with the wife of the President, Mrs Aisha Buhari when she said that the government has been hijacked by a clique of power mongers. The Kaduna State Governor, Malam Nasir Elrufai has just voiced out his own frustration over the slow pace of the Buhari administration. He even mentioned the names of some of the people involved in pulling back the hand of the clock of the government. Do you blame Ministers who are prevented from performing their duties? Recently, the Vice President, Professor Yemi Osinbajo acted briefly for the President. Nigerians including President Buhari, have commended him for the matured way he handled the affairs of the State. If the little progress recorded is to be sustained, President Buhari has to take control of the government. Right now there is no coordination. Hence a security officer is allowed to sabotage the President by asking the Senate to reject his nominee. Do you think that it is constitutional for certain states in Nigeria to officially adopt Sharia Law as their State Law and even practice the criminal aspects of the law given the provisions of Sections 10 and 277 of the 1999 Constitution of the Federal Republic of Nigeria? The Constitution has prohibited the adoption of any religion as a state religion. Therefore, no state government is permitted to adopt a criminal law based on any religion. But we cannot talk about that particular law in isolation. If President Obasanjo had challenged the Governors who adopted the Sharia criminal law, he would have been questioned for building a chapel in the presidential villa. He even appointed a chaplain who was paid from the public treasury. Regardless of political parties, the Federal and State Governments in Nigeria have built chapels and mosques in government quarters. On a yearly basis, they sponsor pilgrims to Mecca and Jerusalem with public funds. Even the Central Bank of Nigeria permits pilgrims to buy dollars below the official rate. Even a government led by a Christian was alleged to have given over N4 billion to a marabout for spiritual consultation. All these actions of the government are illegal and unconstitutional. Unless religion is made a private affair in line with the letter and spirit of the Constitution, we cannot limit our condemnation to illegal adoption of what President Obasanjo once referred to as â&#x20AC;&#x153;Political Shariaâ&#x20AC;? by some former northern governors. What do you think is the solution to the problems between the Niger Delta

"YOU CANNOT SERIOUSLY FIGHT CORRUPTION IN A CAPITALIST STATE, BECAUSE CAPITALISM IS NURTURED AND SUSTAINED BY CORRUPTION AND FRAUD. UNKNOWN TO THE GOVERNMENT, THE WESTERN COUNTRIES ARE THE MOST CORRUPT NATIONS ON EARTH. BUT THEY TURN ROUND TO LABEL US AS CORRUPT. MEANWHILE, THE BULK OF THE LOOTED WEALTH OF AFRICA, IS DOMICILED IN WESTERN BANKS AND OTHER FINANCIAL INSTITUTIONS"

and Government? Do you think that there is any justification for their agitation? For the past 50 years the Nigerian ruling class relied on oil wealth from Niger Delta region to run the government. In the process of producing oil, the region has witnessed unprecedented environmental pollution and degradation. The government and the oil companies have completely neglected the development of the region. The criminal neglect has led to agitations by the youths leading to the emergence of militant groups that have taken up arms against the State. Unfortunately, the blowing up of pipelines by the youths, has compounded the crisis of environmental degradation in the region. In fact, it will take about 30 years to reclaim the degraded Ogoni land. It is hoped that the Buhari government will pursue the peace initiative and stop the mindless military attacks of the region. The pledge of $1 billion by the oil companies towards the development of the Niger Delta, is a tip of the iceberg. The oil companies should be made to contribute not less than $50 billion to the development of the region. The decision of the Federal Government to recall contractors to complete abandoned contracts or refund funds collected

21.03.2017

COVER/11

'BUHARI'S MINISTERS COLLUDED WITH IMF TO RUIN OUR CURRENCY ' CONTINUED FROM PAGE 10 by them should be carried out. Henceforth, the people should be involved in the planning and execution of development projects in the region. You have been campaigning for the release of Nnamdi Kanu, El Zakzaky and Sambo Dasuki. Given the gravity of their offences, would you say your call for their release is well thought out and in the interest of the country? In the case of Elzakzaky and his wife, the Federal High Court ordered that they be released unconditionally, and awarded damages of N50 million to them. They have not been linked with the commission of any criminal offence. Although Colonel Dasuki is accused of the criminal diversion of public funds, he has been granted bail by the Federal High Court and the High Court of the FCT three times. The ECOWAS court has also directed the Federal Government to release him on bail. Nnamdi Kanu was also granted bail which was ignored, before the Federal Government decided to charge him with treasonable felony. I have not said that Colonel Dasuki should not stand trial. With respect to Kanu, I am of the view that the Federal Government should dialogue with the members of the Indigenous People of Biafra, if it could negotiate with the Niger Delta Avengers and even some of the terrorists leading to release of 21 of the abducted Chibok girls. You have been a consistent and committed advocate of reforms in the legal profession in Nigeria. With the ongoing sittings of the NBA Rules Reform Committee chaired by Chief Idigbe, SAN, what in your candid view needs, to be reformed? The problems of our legal practice are a legion. The Nigerian Bar Association has just decided to address them. The NBA president, Mr. A. B. Mahmud, SAN appears determined to tackle the problems. I know that the Chairman of the Reforms Committee, Chief Tony Idigbe SAN has taken the assignment very seriously. At the end of the exercise, I hope an implementation committee will be set up to ensure that the recommendations are not dumped in the archives. But the NBA can only succeed, if it is prepared to democratise its affairs. Right now, the NBA is dominated by a coterie of senior lawyers. The NEC is largely peopled by the close friends of the NBA president. A few of them are our representatives in the National Judicial Council. The Constitution says that 5 legal practitioners shall represent the NBA in the NJC at least one of whom shall be a SAN. But all our 5 reps are SANs. And they are all men. From the same group there are life benchers. How can you become a life bencher at the age of 45 or 50 years? In an association of over 100,000 members, it is undemocratic to confer life membership of any of the statutory bodies on a handful of selected senior advocates. For many years, you have engaged in public interest litigation, suing the Government of Nigeria on many fronts on issues ranging from education and health, to social infrastructure. With the knowledge that Chapter 11 of the 1999 Constitution on Fundamental Objectives and Directive Principles of State is not justiciable, what has been the experience, in your quest to ensure that the common man is not deprived of his rights? Even though the bourgeois Constitution of Nigeria has made it impossible to enforce socioeconomic rights of the Nigerian people, we have found a way around it. Through struggle, we have compelled the State to enact some legislations for the actualisation of the provisions of the chapter. Such laws have provided for a national minimum wage, compulsory pension for all employees, a bank to grant loans to underprivileged citizens without collateral, a bank to grant loans to needy undergraduates, a national health insurance scheme, immunisation for every child, a commission to ensure free and compulsory basic education up to junior secondary school for every child, a commission to wipe out adult illiteracy, establishment of mortgage institutions and a fund for housing, a committee to ensure the implementation of the national budget etc. Unlike chapter 2 of the Constitution, the right to development and socio-economic rights guaranteed in the African Charter on Human and Peoples Rights, which have been

"THE SENATE IS EXPOSING NIGERIA TO RIDICULE, IN A BID TO HUMILIATE CERTAIN PUBLIC OFFICERS. FOR GOODNESS SAKE WHY HAS THE DRESS OF A HEAD OF A PARASTATAL BECOME SUCH A BIG NATIONAL ISSUE?"

domesticated by Nigeria are enforceable in our courts. In a number of cases we have successfully tested the provisions of these welfare laws. I have just completed a book on Nigerian Law on Socioeconomic Rights which will be publicly presented next month. The book was informed by the tremendous success we have recorded in the promotion of public interest litigation. Lately, Lagos State introduced the death penalty as punishment for kidnappers whose victims die in the course of the kidnap. The State felt that decisive action needed to be taken, not just as punishment, but to also serve as a deterrent to would-be kidnappers. Do you agree with this? I believe that the Lagos State Government was not properly advised on the barbaric extension of the death penalty to cover the offence of kidnapping. Even though we have been killing convicted armed robbers since 1970, armed robbery has been on the ascendancy. The government can only stop or minimise violent crimes, if it is prepared to address the unemployment of our youths. Apart from addressing the crisis, the Lagos State Government should abolish the death penalty, since no prisoner on death row convicted by the Lagos State High Court has been executed since 1999. Majority of them have had their sentences commuted to life imprisonment or lesser terms. Secondly and more importantly, the Lagos High Court (per Olokooba J.) held in Ajulu & Ors. v AG, Lagos State that while the death penalty is not unconstitutional, the execution of a death sentence is unconstitutional as it violates the fundamental right of convicts to freedom from torture. On the basis of that judicial decision, it is illegal to carry out the execution of the death penalty in Lagos state. As a member of the Inner Bar, one would understand the rigours you went through to get there. To the surprise of many, you are now campaigning for two extreme options of either abolishing the rank or democratising it, to make it

available for any lawyer who meets the basic criteria. Kindly, shed some light on what informed your bold views on this highly emotive issue. I have never believed in the classification of lawyers into inner and outer bar. Having become a SAN, no one can accuse me of campaigning for abolition because I am not one. However, if it is not going to be abolished for now, the process of the award has to change. What I mean is that the rank has to be democratised. Under the current practice in the United Kingdom where we copied the practice, the rank of Queen’s Counsel is automatically conferred, as of right, on all legal practitioners who satisfy the laid down prerequisites. This is also the practice in Canada and Jamaica. In those countries, the award process has eliminated the exercise of discretion, political consideration and undue influence. It is high time we adopted the democratic process which is in line with section 42 of the Constitution, which has abolished any form of discrimination. So much is going on in your State, Ekiti, that many have continued to ask ‘When will Falana come out to run for governorship again?" Will you hearken to the yearnings of the Ekiti people this time? I am following developments in Ekiti State. The last time I did some costing I found that I would have to look for N3 billion if I want to contest for the governorship of a poor state like Ekiti. I have given up the idea, since I cannot possibly raise such amount of money without compromising my ideological stand. I am currently involved in the larger struggle of retrieving our country from the soiled hands of corrupt political buccaneers and their imperialist masters. What is the significance of whether the Comptroller-General of Customs wears uniform or not? Why do you think that the Senate is so insistent that he must wear uniform? The senate is exposing Nigeria to ridicule

"UNDER THE CURRENT PRACTICE IN THE UNITED KINGDOM WHERE WE COPIED THE PRACTICE, THE RANK OF QUEEN’S COUNSEL IS AUTOMATICALLY CONFERRED, AS OF RIGHT, ON ALL LEGAL PRACTITIONERS WHO SATISFY THE LAID DOWN PREREQUISITES. THIS IS ALSO THE PRACTICE IN CANADA AND JAMAICA"

in a bid to humiliate certain public officers. For goodness sake, why has the dress of a head of a parastatal become such a big national issue? Is the senate relying on the Constitution or its own rules of procedure? It does appear that the senate does not appreciate the limit of its power. In many countries including South Africa, customs officers are not required to wear uniforms. In Nigeria the wearing of uniforms by a number of so called paramilitary agencies, was designed to intimidate the civilian population. While serving customs officers are required to wear uniforms, no law provides that the head of the agency shall wear any uniform if he or she is not a customs officer. The same forces who didn’t want Colonel Hameed Ali as the head of the Customs Service, had challenged his appointment in court. The case has just been dismissed by the Federal High Court which held that the President cannot be compelled to appoint a serving customs officer as the Comptroller-General of Customs. Since a competent court has ruled that he is not a customs officer, why is the senate asking him to wear the uniform of a serving customs officer? The wearing of uniform is not provided for in the Customs and Excise Act, but in the conditions of service issued by the Board. According to the service conditions, the officers required to wear uniforms are commissioned officers. Is the senate saying that Colonel Ali has become a commissioned officer? Learned Senior Advocate, kindly, comment on the Senate's rejection of the nomination of Ibrahim Magu for the position of EFCC Chairman. What is your recommendation on the way forward on this issue? It is indubitably clear that the Senate is hell bent on making a mockery of the anti-corruption crusade of the Buhari administration. In this regard, the senate has amended the Code of Conduct Bureau and Tribunal Act, it has attempted to confer immunity on the members. It has intimidated the government to withdraw the forgery charge against its leaders. Not too long ago, the senate insisted on the removal of Mr. Ibrahim Lamorde as EFCC Chairman. We were told that he could not account for recovered assets worth over a trillion Naira. As soon as he was removed, that was the end of the monstrous allegation. This time around, the Senate has recruited the SSS to discredit the EFCC Acting Chairman, Mr. Ibrahim Magu. As far as I am concerned, the controversy should end as soon as possible. My position is that President Buhari should put his house in order if he wants to re-present Mr. Magu to the Senate. Alternatively, he may ask Mr. Magu to continue to act pursuant to section 171 (1) (d) of the Constitution and section 11 of the Interpretation Act, which have empowered him to appoint the head of any extra ministerial department to hold office in an acting capacity. The third option is to appoint another person, since the Senate is not going to confirm the appointment of Mr. Magu. But the messy affair requires strategic thinking on the part of the government. How can a security officer sabotage the President of the Republic of Nigeria in such a reckless manner? As a matter of urgency, President Buhari should take over the control of the government. If it wants to be taken seriously in the fight against corruption, the government should reorganise the entire graft agencies including the ICPC, CCB, NAFDAC, NDLEA etc. There is so much attention on the EFCC. This has to change, and it can only change if the other agencies are made to function effectively.

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21.03.2017

The Customs Uniform Saga by the Nigerian Senate.... This article by Babatunde Ogala discusses the recent deadlock between the Senate and the Comptroller-General of Customs, on his refusal to wear the Customs Uniform, evincing the reasons why in his opinion, the Comptroller-General is under no obligation to wear the Customs Uniform

Time Wasting wish to refer all those who have been commenting on the Custom Uniform debate to take time out to read Sections 1-4 of the Nigerian Customs Service Board Act which creates the Nigerian Customs Service Board and the constitution thereof, as well as the Customs and Excise Management Act, to appreciate the time wasting exercise of the Senate that has unfortunately distracted itself from the main substance of the issue, which is the retroactive policy on payment of duties on vehicles and has concentrated on a time wasting, pedestrian and non issue of wearing uniform by the CG. CG is not Obliged to Wear Uniform I am still waiting for anyone, including the Senate, to refer us to any general policy guidelines made by the Nigerian Customs Service Board that prescribes that the CG must wear uniform. In fact, by the provisions of Section 2 of the Act, anybody can be appointed as CG including a person seconded from any arm of the Civil Service. It doesn't have to be a career officer. And do our Senators and all know that the duties of the Board under the Customs and Excise Act, are in two parts? Do they know what the Excise duties entail? Do they know that border and port control and duties assessment and collection are only an integral part of the functions of the service? Do they know that it also has inspectorate responsibilities over factories and industrial complexes? Do they know it has powers over some elements of aviation with powers to even impound ships and aircrafts? Do they know that it also must grant licences for the production of spirits and beers? Do they know that No brewery or distillery can manufacture beer or spirits in Nigeria without licence from the Board of Customs? Are they aware that It also has powers to make regulations regulating the manufacture of Tobacco? And above all, about half of its work force doesn't even wear uniforms, especially those on Excise duties. The CG is therefore not an enforcement officer alone, but also a regulator and licensing body. He is not obliged by law to wear uniform. No Law Prescribes Uniform Wearing for CG Please, let us support our assertions with the law setting up the Customs and Excise and its functions. Which law prescribes that anybody in the Customs should wear uniforms. As ComptrollerGeneral, he is the Vice Chairman of the Board and Finance Minister is the Chairman. Would the Minister also wear uniform? He is not obliged to wear uniform, because his schedule of duties does not require him to so do. Neither can he be compelled to do so. And no law says he must wear the uniform too. Senate is Misdirected The Senate is misdirected in this case. Instead of facing the real issue of the retroactive directive on duty payment for imported cars, they are here busy chasing inanities and leaving the substance. They will come out bruised. They Didn't Wear Uniform Dr. Olu Agunloye was Corp Marshal of FRSC, he didn't wear uniform to work. Roli Bode George as DG of NDLEA and her Executive Chairman do not wear uniform to work. She adorned it only occasionally out of choice, and not because she was compelled or obliged to so do, and

Comptroller General, Nigerian Customs Service, Hameed Ali

for ceremonials. Lanre Ipinmisho was DG of NDLEA and didn't wear uniform. Retired AIG Oyakhilome was DG of NDLEA and didn't wear uniform. Major General Ango was Sole Administrator of Customs. He didn't wear uniform. Messrs Diyan, Duke and Oyeleye were all Directors and heads of the Customs. They didn't wear uniforms and they were not compelled to so do by law. Coming to Lagos, Retired Commissioner of Police Arebamen and Odubela were heads of LASTMA and AIG Chris Olakpe currently heads the agency. None of them wore or wears uniform because the law didn't make it obligatory for them to wear it.

"HE IS NOT OBLIGED TO WEAR UNIFORM, BECAUSE HIS SCHEDULE OF DUTIES DOES NOT REQUIRE HIM TO SO DO. NEITHER CAN HE BE COMPELLED TO DO SO. AND NO LAW SAYS HE MUST WEAR THE UNIFORM TOO"

General Bamaiyi was Chairman of NDLEA, he didn't wear their uniform either. Neither did AIG Fulani Kwajafa. The current DG too doesn't wear any uniform. It was Dr. Bello Mohammed who was a Veterinary Surgeon before his appointment as CG, who first wore the uniform. He was never in the Customs before his appointment. They were all political appointees to the offices. So why the hullabaloo about a non issue as pedestrian by the Senate. CG has not Broken Any Law The Senate promulgated the laws under which the Comptroller General operates, why is it so difficult for them to invoke their own law setting up the Customs to deal with the issue rather than all the playing to the gallery as we have so far seen. I have not heard any of the throat bursting senators make any reference to any law or guidelines that the DG of Customs has flouted by his refusal to wear uniform. I believe that is not too much for them to refer themselves and the citizens to the relevant laws or regulations, and invoke same to compel him to wear the uniform. They should invoke the law rather than distracting the Customs from doing its work. Enough of the comedy. Babatunde Ogala Esq., Legal Practitioner, Lagos

T H I S D AY TUESDAY MARCH 21, 2017

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21.03.2017

INSIGHT ABUBAKAR D. SANI

xL4sure@yahoo.com

Senate on Customs Duties and Uniforms: Legislative Oversight in Overdrive?

Introduction

he lingering controversy over the insistence of the Comptroller-General of Customs (CGC), Rtd. Col. Hameed Ali, that he is under no legal obligation to wear the uniform of the Service, is only dwarfed by an earlier one that followed the announcement by the Service of a drive to recover import duties on used vehicles. Following the public outcry which greeted the latter, Customs has promised a review. Before the Senate-in-Plenary on Thursday, the 16th day of March, 2017, the CGC was adamant that he would wear the official uniform of the Service only if required to do so by any relevant statute. The Senate has now directed him to appear before it again in on Wednesday, the 22nd day of March, 2017, dressed in his official uniform. I believe there is a lot of misconception on all sides, with the ordinary man worse off in the ensuing exchange of brickbats. Where is the truth? Which side is correct? Is the Senate justified? Is it competent under the law to direct a member of another arm of Government to suspend the enforcement of a policy, even if – as I shall presently show - such a policy simply seeks the implementation of a law validly passed by, ironically, the Senate itself?. As for the CGC, is he remiss to insist on wearing mufti, notwithstanding his current status and rank? Is he breaking any law or even convention in that regard? I shall presently analyse the legal position, starting with vehicle import duties. 1. Import Duty on Used Vehicles Notwithstanding the suspension by Customs, of its recovery drive in respect of import duties on used vehicles, I believe that the Senate wandered into what was outside its remit, by purporting to direct Customs in that regard. This is because, constitutionally, the function of the Senate 1 is restricted to law-making, while that of the Executive – of which Customs is a part – is to implement such laws. See Sections 4 and 5 of the 1999 Constitution of the Federal Republic of Nigeria (as amended in 2010) (Constitution). The Senate also possesses oversight functions over the Executive and its agencies, including Customs. See Sections 88 and 89 of the Constitution and ATT–GEN. ABIA v ATT–GEN.FED. (2006) All FWLR pt 338 pg. 640 @ 674. This notwithstanding, I believe that the Senate directive smacks of unwarranted intervention by one arm of Government, into the affairs of another. This has been condemned by the Supreme Court severally. See GARBA v CIVIL SERVICE COMMISSION (1988) 19 NSCC pt. 1 pg. 306 @ 328. More importantly, the Senate seems to have lost sight of the fact that Customs commenced the recovery drive in pursuance of its mandate under various Customs and Excise Laws in force in Nigeria, which, by virtue of Sections 4 & 315 and Item 16 of the Exclusive Legislative List of the Constitution, are deemed to

Senate President, Dr. Bukola Saraki

have been enacted by the Senate itself. Such laws include the following: - Customs and Excise Management Act Cap. C45, LFN 2010; - Nigeria Customs Service Board Act, Cap. N100 LFN 2010; - Customs and Excise Tariff, Etc, (Consolidation) Act, Cap. C.49, LFN 2010; - Customs and Excise Management (Disposal of Goods) Act Cap C. 46 LFN 2010; and - Customs and Excise (Special Penal and Other Provisions) Act, Cap C.47, LFN 2010. Section 3 of this last statute is particularly apposite, as it expressly makes it a criminal offence for any person anywhere in Nigeria, to be in possession of any goods which are subject to payment of import duty, but in respect of which no such duty has been paid. Additionally, Sections 37(1)&(2),46(a),47(1) (a)(i),142(1),158,160,164(a)&(b), 167(1)&(2) & 175 of the Customs and Excise Management Act, Cap, C.45, LFN 2010, collectively: - Prohibit the delivery or removal of any goods subject to payment of import duty unless such duty is paid; - Prescribe the forfeiture of any goods subject to import duty, but in respect of which no such duty has been paid; - Provide that import duty is a debt due to the Government which can be recovered by legal proceedings; - Give Customs unfettered access anywhere in Nigeria to enforce the payment of import duty and other customs and excise laws, without being liable to prosecution; - Prescribe imprisonment for five years without option of fine, for anyone who removes dutiable goods from their place of importation with

Comptroller General, Nigerian Customs Service, Hameed Ali

intent to evade payment of such duty; - Empower any Customs officer to seize or detain anything which is liable to forfeiture on the ground of non-payment of import duty. 2. Non-Wearing of Uniform by the CGC The other controversy about the insistence of the CGC that he is not bound to don the official uniform of the Service, notwithstanding his status, has raged on unabatedly. Is he right? My personal diligent search has failed to unravel any law which imposes such a peremptory mandate. Indeed, the fact that the current CGC was appointed from outside the service (he retired as a Military Policeman) would suggest otherwise. However, Senator Dino Melaye has pointed out, albeit inferentially, that a one–time head of a sister agency, Rtd. General Anthony Hananiya, wore the uniform of the Corps Marshall of the Federal Road Safety Corps, when he headed that agency. Was he comparing grapes with apples? This is because Section 18(3) of the Federal Road Safety Commission Act 2007 specifically mandates a uniformed member of the Corps to be in his uniform whenever he is on duty in his office or on the highway. Does a similar provision exist in respect of Customs officers and/or their boss? That is the question. As previously stated, one has been at a loss to locate such a provision. However, if the precept of Senator Melaye is valid, one would justifiably recall that, even though the three former heads of the Economic and Financial Crimes Commission – Nuhu Ribadu, Mrs. Farida Waziri and Ibrahim Lamurde – and its current boss, Ibrahim Magu, were and are

"THE CURRENT FACE–OFF OVER UNIFORMS AND VEHICLE IMPORT DUTIES SMACKS OF AN EGOTRIP BY THE SENATE, TAKEN TOO FAR. NATIONAL INTEREST OUGHT TO PREVAIL OVER CONCEITED POSTURING AND GRANDSTANDING"

serving Police officers at the time they led that agency, they rarely, if ever, appeared in Police Uniform, not just in public, but even before the Senate itself during their confirmations by the Senate as required by law. So much for precedent. In terms of specific statutory provisions, however, Regulation 31 of the Customs and Excise Preventive Service Regulations simply provides that: “clothings and equipment shall be of such pattern and worn in such manner as the Board shall determine”. By virtue of Regulation 3(2), the CGC is charged with enforcing discipline within the Service, and in that regard, he may charge any member of the Service with “appearing on duty, dirty or untidy in his person, arms, clothing or accoutrements.” It is clear that this Regulation does not apply to the CGC, as he cannot possibly charge himself with breaking the rule (if it is one), on wearing uniforms. In any event, Regulation 8 puts it beyond doubt, as it states categorically that it does not apply to the CGC. It is obvious that the Senate regards the refusal of the CGC to wear Customs’ official uniform, as being more than a mere disciplinary issue. I submit that it is no more than that: See Regulation 3(2) of the Customs and Excise Preventive Service Regulations referred to above. By virtue of Section 4(2) of the Nigeria Customs Service Board Act, Cap. N. 100 LFN 2010, only the Nigeria Customs Service Board, headed by the Minister of Finance, is competent to exercise disciplinary control over senior Customs officers, including the CGC. Accordingly, the Senate 4 overreached itself, in my view, by purporting to hold brief for the Board. The Senate is not above the law, and it cannot break one while trying to enforce another – if any. I believe that the provisions of Section 8 of the Customs and Excise Management Act, Cap, C.45, LFN 2010 lend credence to the foregoing. They provide that all customs officers shall have the same powers, authorities and privileges, as are given by law to police officers. It is well known that even though police officers are authorised to wear uniforms, they commonly enjoy the privilege of appearing incognito, i.e. in mufti, especially when they are engaged in undercover operations or intelligencegathering. Conclusion The current face–off over uniforms and vehicle import duties smacks of an ego-trip by the Senate, taken too far. National interest ought to prevail over conceited posturing and grandstanding. The parlous state of our economy, dictates that every legal mechanism be deployed towards maximising the returns from our non-oil revenues. The Customs Service is undoubtedly key in this regard. Accordingly, the Senate ought to support - and not impede any genuine and workable effort by the Service or any other revenue-generating agency, which is geared towards raising our revenue profile, as long as it is done within the framework of the law. Attaching undue premium to the official apparel or attire of the heads of such agencies is misconceived and completely irrelevant, as the hood does not make the monk.

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MY BRIEF BY SKB STEPHEN KOLA-BALOGUN

stephenkolabalogun@yahoo.com

The Challenge of Reforming the Judicial Process

Swearing In of the New CJN ollowing his confirmation by the Senate, Honourable Justice Walter Samuel Onnoghen was about a fortnight ago, sworn-in by Vice President Yemi Osinbajo, SAN, GCON (in his capacity as Acting President of the Federal Republic of Nigeria) as the Chief Justice of Nigeria (CJN). It is note worthy that at his swearing-in ceremony both the Executive and Legislative Arms of Government unanimously agreed that the most important task facing the new CJN, was the need to restore the Judiciary’s credibility, after a period in which the confidence of the public in the Judiciary has been severely eroded. Some serving Judges are facing much publicised charges of corruption and this has had the effect of severely denting the presumption of impartiality, fairness and independence that the Judiciary is expected to have, as the last hope of the common man. The CJN on his part alluded to the fact that there is a need to encourage the independence of the Judiciary, so as to ensure that the rule of law is safeguarded. Although I agree with the CJN, I must nevertheless point out that his statement has become a familiar refrain, a cliché, that we can easily attribute to all serving CJNs. What is required, is a complete overhaul of the country’s judicial process; with the possibility of four years at the helm, he is perhaps, better placed than many other past CJNs, to reform the Judiciary and simultaneously guarantee its independence. Speed of Justice In a recent editorial, of ThisDay Newspaper on Sunday 19th February, 2017, it was pointed out that President Donald Trump had barely spent one month in office as President of the United States of America, when concerned citizens and State Attorney Generals in the USA took him to Court and won. The Presidency subsequently appealed and lost. The significant thing about this entire process was that within days these appeals had been determined. It is indeed noteworthy that the Nineth Circuit Court of Appeal made up of three judges, exchanged their arguments by phone and email and ended up with a unanimous well argued verdict. All of these processes took less than two weeks. What the contest between President Trump and the Judiciary, over his chain of autocratic executive orders, especially the travel ban, has revealed, is the strength of American democracy. Underneath it all, is the use of the Judiciary to tame the dictatorial temptations of an elected President. In the same vein it took the British Supreme Court a matter of days to rule on the power of Parliament in the Brexit matter. Matters Arising in the Nigerian Situation: Unfortunately, the opposite is the situation in Nigeria where individuals have overpowered the system such that justice is no longer for the weak. The pertinent questions therefore are: (1)Why is it that in Nigeria the judicial process take ages, and more often than not, ends with a questionable array of judgements, sometimes delivered long after the public has forgotten or lost interest in what the matter was about? (ii) Why are lawyers allowed to file frivolous injunctions and appeals that are meant to upend justice? Right to Appeal on Any Matter I will begin by answering the latter question which in my view is quite simple. The Judicature provisions in Chapter VII of the 1999 Constitution (as amended) guarantees more or less, the right to appeal on any matter, once it can be couched as a question of law evolving from a decision in any civil or criminal proceeding. Unlike in the UK, our judicial system does not provide for the use of Masters or Registrars who will sift through Notices of Appeal and determine before a Court hearing, whether or not the Appeal as filed is genuinely one on grounds of law. These provisions on the Right to Appeal have been included in virtually every Constitution written since independence; but what purpose do they serve? They only guarantee that a plethora of cases riddle our judicial system, and the time has now come for us to do something about it. There are no such provisions in the Constitution of the USA for example, so why the need to consistently have such provisions in our Constitution without the safeguard of either Masters or Registrars weeding out frivolous appeals? In my view it serves only one purpose, and that is to guarantee work for lawyers, at the expense of an overburdened judiciary. If the new CJN is genuinely serious about overhauling the Judiciary and guaranteeing its independence, then he needs to be bold, and he can start by making every attempt to remove the

Chief Justice of Nigeria, Hon. Justice Samuel Nnkanu Onnoghen

Judicature provisions from the Constitution into an Administration of Justice Act. This will go a long way to guaranteeing the independence of the Judiciary. It would also ensure that relevant stakeholders along with the CJN, will be in the best position to amend our judicial system from time to time, without being hampered by the constraints of a constitutional amendment. It is pointless being blinkered about a system that has out grown its usefulness. As things stand, if the CJN wants to make an important amendment to our judicial system, he first needs to consult with the Executive and the Legislature for a constitutional amendment, yet in the same vein, he expects them as institutions, to comply with court orders. How ironic! This goes to show that the Judiciary in Nigeria has never been independent, and I sincerely hope that the new CJN will address this most important point. Justice Delivery - The Saraki CCT Trial The second question focuses on justice delivery. The new CJN needs to ensure not only that judgements are delivered on time, but also that judgements at various hierarchies of the Nigerian judicial system, can stand the test of scrutiny. In answering the former question, I will give the example of the lead judgement of Justice Onnoghen (JSC) (as he then was) which arguably was reached per incuriam in relation to the on-going trial of Senate President, Dr. Bukola Saraki at the Code of Conduct Tribunal (CCT). In what was clearly the most sensational and high profile case to be adjudicated upon in 2016, a seven man panel of the Supreme Court unanimously ruled that Saraki’s appeal against the jurisdiction of the CCT and the competence of the charges levied against him lacked merit. Justice Walter Onnoghen (JSC) (as he then was) read the lead judgement and held that contrary to Saraki’s contention, the Danladi Umar led CCT panel was validly constituted by two members. What was puzzlingly about this case was the fact that a seven man panel of the Supreme Court heard this case. We usually have a seven man panel of the Supreme Court when the issue before it relates to: (a) its original jurisdiction (b) pertains to issues involving a sentence of death (c) involves the interpretation of the Constitution. Since the CCT is contained in Part 1 of the 5th Schedule to the 1999 Constitution (as amended) the issue in question centred on the interpretation of the Constitution. Section 15 of Part 1 of the 5th schedule of the 1999 Constitution (as

"WHAT IS REQUIRED, IS A COMPLETE OVERHAUL OF THE COUNTRY’S JUDICIAL PROCESS; WITH THE POSSIBILITY OF FOUR YEARS AT THE HELM, HE IS PERHAPS, BETTER PLACED THAN MANY OTHER PAST CJNS, TO REFORM THE JUDICIARY AND SIMULTANEOUSLY GUARANTEE ITS INDEPENDENCE"

amended) with regard to the CCT provides inter alia as follows: Section 15(1) There shall be established a tribunal to be known as the Code of Conduct Tribunal which shall consist of a Chairman and two other persons. Section 15(4) The National Assembly may by law confer on the Code of Conduct Tribunal such additional powers as may appear to it to be necessary to enable it more effectively to discharge the functions conferred on it in this Schedule. Justice Onnoghen (JSC) (as he then was) in reading the lead judgement in SARAKI v CCT established that two members was the applicable quorum. In reaching this conclusion, he relied on the Interpretation Act, since in his opinion the CCT provisions in the Constitution did not provide any form of guidance in determining the appropriate quorum. However, Justice Onnoghen (JSC) (as he then was) failed to consider Section 15(4) as outlined above, by addressing the fact that a CCT Act had been enacted by the National Assembly (as an existing law under Section 315 of the 1999 Constitution (as amended) conferring the CCT with additional powers. Section 24(1) of the CCT Act relating to Rules of Procedure and Institution of Proceedings states as follows: The rules of procedure to be adopted in any prosecution for the offences under this Act before the Tribunal, and the forms to be used in such prosecutions shall be as set out in the Third Schedule to this Act. It is important to note that the Third Schedule forms part of the CCT Act. In the Third Schedule relating to Code of Conduct Tribunal Rules of Procedure, Section 12 which deals with notes of evidence to be taken at trial states as follows: (1) The Chairman or any other member of the Tribunal authorised by the Chairman in that behalf shall, in every case, take notes in writing of the oral evidence, or so much thereof as he considers material, in a book to be kept for that purpose and such book shall be signed by the Chairman and not less than two other members of the Tribunal including the person who took down the notes, at the conclusion of each day’s proceedings. (2) The record so kept as aforesaid or a copy thereof purporting to be signed and certified as a true copy by the Chairman shall, without further proof, be admitted as evidence of such proceedings and of the statements made by the witnesses at such proceedings. What the above seems to suggest is that, unless the oral evidence taken at each day’s proceedings is signed by the three members of the CCT, at the conclusion of each day’s proceedings, the evidence given would be inadmissible, since it is only that record as signed by three members of the CCT that can be admitted as evidence of such proceedings and of the statements made by the witnesses at such proceedings. This important point was either overlooked or conveniently ignored by Justice Onnoghen JSC (as he then was), in writing the judgement. Whatever the case, as a consequence of this obvious error, the Saraki trial before the CCT still remains an issue, even though the public has long lost interest in the case. Huge sums of money and time are being expended on defending an issue that should not be in Court, and furthermore, a wrong precedent has been set by the Supreme Court for our lawyers to follow. It is pertinent to note that the prosecution has since amended the charge sheet to add additional charges and trial will recommence today the 21st of March. Significantly, under the Administration of Criminal Justice Act, 2015, the practice of staying proceedings in criminal trials has been abolished. Trials are to be conducted day by day, and if an adjournment has to be granted, it shall not be more than 14days. But senior lawyers have now developed the illegal practice of subjecting witnesses to unending cross-examinations lasting several days, and the Saraki trial, is in my opinion, the best example in recent times of this practice. But then, should this case still be an issue that is being tried before the CCT? The CJN and his colleagues in the Supreme Court, have to take full responsibility for this mess. I have deliberately brought up this issue once again, because the new CJN was the one who prepared the lead judgement on this issue at the time, and it has had a devastating effect on justice in this country, especially with regard to justice delivery and perception. If our laws do not favour the Executive, then so be it. It is pointless bending over backwards to accommodate the Executive as an institution, at the expense of everyone else in the country. Many of the delays in justice delivery are either deliberate acts of individual lawyers and judges, or at best careless mistakes emanating from them both. The CJN is now in a prime position to bring an end to this rot, but the question remains, will he? The only thing that is certain is that, the fewer the unnecessary appeals and frivolous applications for injunction that come before our courts, the less likely our judges will make mistakes when delivering judgements of fundamental importance in our democratic setting.

T H I S D AY TUESDAY MARCH 21, 2017

T H I S D AY • TUESDAY, MARCH 21, 2017

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Quick Takes Ventures Platform Hosts Demo Day

Ventures Platform (VP), an incubation hub, has hosted its first demo day, where six companies made presentations in front of investors after sixteen weeks of incubation as part of the early stage accelerator programme. The six tech start-ups were selected from hundreds of companies that applied for the accelerator programme, to gain the interest and financial backing of top African investors and entrepreneurs who attended the event to observe and engage with the upcoming companies The presentation which was preceded by a welcome address by the founder of VP, Mr. Kola Aina, was witnessed by experts from various disciplines. The first batch of cohorts from the accelerator program include; Jalo, an on-demand logistics company that has set out to empower small businesses by offering affordable delivery services, it was founded in April 2016 by NkiruAmadi-Emina. Payconnect the financial technology brain child of Victor Jibro, is an online lending platform that provides quick collateral-free micro loans to people within just twenty-four hours of applying. Protech redefines education in Africa by using technology to determine learning patterns of students to match them with the perfect tutors.

A WARM WELCOME

L-R: Corporate Relations Director, Guinness Nigeria Plc, Mr. Sesan Sobowale; MD/CEO, Guinness Nigeria Plc, Mr. Peter Ndegwa; CEO, Nigerian Stock Exchange, Mr. Oscar N Onyema and Legal Director/Company Secretary, Guinness Nigeria Plc, Mr. Rotimi Odusola during a courtesy visit by the Nigerian Stock Exchange CEO to Guinness Nigeria Plc in Lagos … recently ABIODUN AJALA

Operators Intensify Blame Game over Failure to Meet 5,465MW Target Stories by Chineme Okafor in Abuja Operators in Nigeria’s electricity sector have continued to trade blames over the failure of the sector to meet the 5,465 megawatts (MW) power generation and distribution target set in the revised 2015 Multi Year Tariff Order (MYTO). While Nigeria’s highest ever generation figure was the 5,074MW achieved in February 2016, the country has so far in 2017 recorded 4,650MW as its peak power output level. Outputs have equally oscillated between 3,500MW and 4500MW majorly on account of low gas supplies, while the key players in the sector have continued to

ENERGY trade blames over the power woes. THISDAY gathered that all the operators in the value chain – gas suppliers, generation companies (Gencos), transmission companies and distribution companies (Discos), including other service providers, have at various times blamed each other for the sector’s underperformance. The latest of this was from the Nigerian National Petroleum Corporation (NNPC) and Transmission Company of Nigeria (TCN), both blaming the sector’s failing on the 11 Discos, which they accused of rejecting power, and consequently

interrupting improvement in electricity generation. Speaking recently at the 2017 edition of the Annual Olobiri Lecture Series and Energy Forum, the NNPC said Nigeria currently had enough gas to generate up to 4,800MW and 6,000MW by the second quarter of 2017, but that frequent load rejection by the Discos was stopping the Gencos from increasing their overall output. “As we speak today, there is enough gas to generate about 4800MW and 6000MW by second quarter 2017 based on our gas supply plan, but the power sector is presently struggling to evacuate 4500MW power due to Discos’ incessant rejection of allocated load and

transmission line constraints,” the Group Managing Director of NNPC, Dr. Maikanti Baru said at the forum. Days after Baru’s claim which the Discos roundly refuted, the TCN in a statement from its General Manager Public Affairs, Seun Olagunju in Abuja, also called out the Discos for failing to absorb optimal generation outputs from the Gencos. Olagunju explained that the frequent failures of the Discos to completely absorb generated power dispatched to the grid had necessitated the introduction of new frequency control measures by the System Operator to keep the national Continued on page 22

NEITI: Nigeria’s Revenue Plunged by 40% for Three Years Between 2013 and 2016, the three tiers of government in Nigeria cumulatively lost about 40 per cent of the aggregate income they received from the Federation Accounts Allocation Committee (FAAC), the Nigeria Extractive Industries Transparency Initiative (NEITI) has revealed. The NEITI said in its latest quarterly review of disbursements from the FAAC in 2016 that the federal, states and local governments shared N5.12 trillion from the FAAC in 2016 as against the N6.01 trillion shared in 2015. It added that disbursements from the FAAC fell by 15 per cent within the period alone, and over 40 per cent between

ENERGY an aggregated period of three years -2013 to 2016. Nigeria largely depends on income from oil and gas sector to meet most of its obligations. NEITI report however noted that the twin-blow of low oil prices and militant attacks on oil installations in the Niger Delta had impacted the country’s earnings from oil. The review, which is the third in the series, focused on disbursements from the federation account, and indicated that payments to the three tiers of government have continued to decline. The report stated that: “The Federal Government

received N3.711 trillion in 2013 and this fell by 43.9 per cent to N2.08 trillion in 2016. Similarly, disbursements to State Governments totaled N3.095 trillion in 2013. In 2016, States received N1.642 trillion, which represented a 46.9 per cent decline on the 2013 figure. Local Governments received N1.011 trillion in 2016, representing over 40 per cent lower than the figure of N1.708 trillion received in 2013.” It said on disbursements to the federal government in 2016, that the N2.08 trillion it got was against the N6.06 trillion it budgeted for the year, indicating a 20 per cent drop when compared to the 2015 figure of N2.6 trillion.

NEITI said the FAAC payment could only cover about 34 per cent of the budget and was not even enough to meet the recurrent expenditure needs of N2.6 trillion of the federal government in 2016. The implication of this, NEITI said was that: “The federal government resorted to even higher debts to fund the budget. Debt service payments, which accounted for 24.3 per cent of the 2016 budget, increased.” NEITI further revealed that revenues accruing to the state governments fell short of their budgets projections with some as much as 30 per cent. “These disbursements Continued on page 22

PZ Engages Students in Competition

The excitement was palpable as two top brands from the stable of PZ Cussons Nigeria Plc, Nunu Milk and Premier Cool engaged over 3,000 students at the first round examination of the PZ Cussons Chemistry Challenge which took place in Agege, Ikorodu, Lagos Island, Surulere and Amuwo Odofin in Lagos State, recently. The two brands had joined forces to sponsor the 4th edition of the chemistry challenge which was initiated in 2013 by PZ Cussons Foundation to stimulate, inspire and reward the study of science and chemistry in public and private senior secondary schools in Lagos State. During the formal unveiling of this year’s program, the Executive Director for Brand Development & Activation, Christos Giouras revealed that, the science contest which is in its 4th edition has consistently made resounding impacts, spurring the interest of Nigerian students in the learning of chemistry. He added that, the two brands are set to provide the emotional and physical experience for the candidates and the teachers at every level of the competition. This will spur them to victory as they contest for the most coveted chemistry prize in Nigeria.

Total Eyes $4bn Iranian Gas Field

Total is seeking a 50 percent stake in a $4 billion project in Iran’s giant South Pars gas field, the French energy firm said in a regulatory filing at the weekend, detailing talks held with Iranian officials on several projects in 2016. Total signed a preliminary deal for the South Pars project last year, becoming the first Western oil major to sign an energy agreement after the European Union and the United States eased sanctions as part of a pact to curb Iran’s nuclear ambitions. In a filing to the U.S. Securities and Exchange Commission, Total said the South Pars 11 project would require investment of about $4 billion, with the French firm financing 50.1 percent with equity contributions and payments in non-U.S. currency. If finalised, Total would operate the project with a 50.1 percent stake, China’s CNPC would own 30 percent through one of its subsidiaries and Iran’s Petropars would have 19.9 percent. Total had not previously given details about the value of the project or indicated the breakdown of ownership.

“It is really a shame that in the year 2017, Nigeria is still battling to generate 4,000MW on a sustainable basis” Chief Executive Officer of Falcon Corporation, Prof. Joseph Ezigbo

T H I S D AY • TUESDAY, MARCH 21, 2017

BUSINESSWORLD POWER OPERATORS INTENSIFY BLAME GAME OVER FAILURE TO MEET 5,465MW TARGET

grid under stable operational conditions. “In general, electricity is not stored but is used as it is being generated. Therefore at any particular moment in time, there is a power flow balance equation that determines system frequency, with the target of operating at 50HZ frequency. “It is the duty of the System Operator to monitor the power flow on the national grid to ensure optimal operating conditions, this will ensure the system is operated at a frequency close to 50HZ, and at voltages within tolerable limits,” said Olagunju. She further stated: “Recently, high system frequency (more than 50HZ) has been observed, necessitating corrective measures. The options to bring down the frequency to 50Hz are, distribution companies to absorb more load, generation companies to reduce generation.

NEITI: NIGERIA’S REVENUE PLUNGED BY 40% FOR THREE YEARS

comprise of gross statutory allocation, 13 per cent share of derivation, Value Added Tax, distribution of exchange gain, NLNG dividend, distribution of excess bank charges recovered and distribution of solid minerals revenue,” it explained. It said some states like Lagos which had a budget of N662.60 billion against the total revenue of N410.5 billion that accrued to it, leaving a shortfall of about N252 billion, were left with huge debt figures. On disbursements to the 774 local governments in Nigeria, it said Lagos state topped the table with a total of N69.29 billion to its 20 local governments, followed by Kano state’s 44 local governments that received a total of N56.16 billion while Bayelsa State received the lowest disbursement of N11.56 billion for its 8 local governments.

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

FG to Adopt Centralised Electricity Bills Payment System Chineme Okafor in Abuja Following its disagreement with electricity distribution companies (Discos) over the accumulated electricity bills owed by its agencies, the federal government said it would henceforth adopt a new payment mechanism for the settlement of the monthly electricity bills of its Ministries, Departments and Agencies (MDAs). This was contained in a report presented by the Special Assistant on Power to the President, Damilola Ogunbiyi, on the status of an ongoing MDAs debts verification. The report, which was presented to stakeholders at the 13th edition of the monthly power sector operators’ meeting held at Transcorp Power, Ughelli in Delta State, indicated that while the government has accepted to pay off debts owed to the Discos by its MDAs after verification, going forward, it would however pay the electricity bills of its MDAs on the basis of metered amounts. This is an indication that the government would after verifying the debt claims of the Discos, impress it on them to provide its MDAs with meters from which payments for electricity consumption would be made as against payments based on estimated bills. Ogunbiyi in her presentation explained that the MDAs were the largest collective debtor to the Discos. She noted that to ensure sufficient liquidity of the Discos, the government has committed to clear debts

owed them. She however said: “In addition, the FGN has committed to putting an appropriate mechanism in place to ensure bills are paid on a timely basis moving forward – centralised payment system, after appropriate verification moving forward, pay bills based on metered amounts.” According to her, the process of verifying the debt claims of the Discos have been segmented into six, starting

A new report by Wood Mackenzie has stated that with the four separate deals announced in one day – March 9, 2017, the oil and gas sector is showing signs of the optimistic 2017 corporate Mergers and Acquisition (M&A) outlook forecast at the start of the year. Wood Mackenzie’s latest analysis provided insight on the strategic implications of these four deals, which include: the sale of Canadian oil sands to Canadian Natural Resources (CNRL) for $5 billion by Shell; the acquisition of Marathon’s oil sands interests for $2.5 billion by Shell and CNRL; the investment of $1.1 billion on Permian tight oil acreage by Marathon Oil and the acquisition of 25 per cent stake in ENI’s Mozambique Area 4 LNG project for $2.8 billion by ExxonMobil. “The nearly $15 billion of upstream M&A transactions on the March 9, were driven by oil and gas companies moving lower down the oil cost curve and leveraging core competencies,” said Senior Vice President of Corporate Analysis Research at Wood Mackenzie, Tom Ellacott. Providing the strategic

other objective create an invoice database from which claims could be compared for discrepancies. Ogunbiyi stated that out of N11.3 billion claims of Abuja Disco, the federal government accumulated 85 per cent of the claims while the state and local governments accumulated the balance. Of the 85 per cent debt claims, the ministry of defence, federal capital territory, interior, National Assembly,

presidency, education, petroleum and finance accumulated a huge chunk of it, while the balance was shared between other MDAs of the federal government within the Abuja Disco. The presentation also listed Mambila and Lungi Barracks, Commanding Officer Mess, Mogadishu Barracks, Ironsi Cantonment and Niger Barracks as some of the barracks and defence formations with high debt figures.

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L-R: Vice-Chancellor, University of Lagos, Professor Rahmon A. Bello; Korean Ambassador to Nigeria, H.E. Noh Kyu-duk; and General Manager, Air Conditioning and Energy Solutions, LG Electronics West Africa operations, Mr. C.Y Park during the donation of LG Dual Cool smart Inverter Air Conditioner to the University of Lagos …recently

Oil and Gas: $15bn Transactions Sign of Optimistic 2017 Outlook Stories by Ejiofor Alike

with Discos submission of their claim template and invoices, and ending with physical verification of claims to confirm consumption amounts and payment history. She noted that so far, all the 11 Discos have submitted their claims invoices, out of which a total of N59/3 billion was derived, but that only the invoices submitted by Abuja Disco have been subjected to Optical Character Recognition (OCR) testing to amongst

implications of the deals, Wood Mackenzie said Shell’s two agreements with Canadian Natural Resources (CNRL) and Marathon Oil underlined how serious it was about re-shaping its portfolio around fewer, more advantaged geographies and resource themes. According to the report, the deal will help Shell move down the oil cost curve and lower carbon intensity as it will reduce Shell’s exposure to what are among its most carbon-intensive oil developments, elevating its core integrated gas “cash engine” within the portfolio. Shell will exit high cost barrels that will struggle to compete for capital in its portfolio with low breakeven oil opportunities in pre-salt Brazil, the Gulf of Mexico and Permian tight oil, the report said. The report also noted that the net cash consideration of $4.15 billion will reduce Shell’s gearing by one percentage point. It however, added that Shell will lose nearly 160, 000 barrels per day of long-life oil price leveraged production assuming a complete exit (entitlement basis, four per cent of total 2017 volumes).

Nestoil Deploys HDD Technology to Lay NNPC’s Pipelines across Rivers Nestoil Limited, a subsidiary of Obijackson Group has deployed horizontal directional drilling (HDD) technology to surmount the challenges of terrain and lay gas pipelines across rivers, including the River Niger, for the Nigerian National Petroleum Corporation (NNPC)’s Obiafu/ Obrikom–Oben (OB3) gas pipeline project. Speaking to journalists recently, the company’s Assistant General Manager (AGM) in charge of Group Business Development, Mr. Simeon Tor-Agbidye, stated that one of the challenges that confronted the company in the execution of Obiafu/ Obrikom–Oben (OB3) project, an engineering procurement and construction (EPC) contract for the 64.5km by 48 inches gas pipeline project, was the issue of difficult terrain. According to him, the scope of NNPC’s OB3 project was actually split between Nestoil, a subsidiary of Obijackson Group and Oilserv. Tor-Agbidye stated that while Nestoil is coming from the West, Oilserv is coming from the East. “One of the major achievements we have accomplished on this project is being able to surmount the challenges of the terrain. Coming from the

West, we had some of the most difficult terrain crossing several rivers. We have crossed these rivers successfully with the innovative horizontal directional drilling (HDD) technology with our client, the Nigerian National Petroleum Corporation (NNPC). Our subsidiary, NestHak HDD Limited is an expert in the technology and only company in Nigeria that has 100 per cent success in the job. Few days ago we completed the crossing of the Ashe River, and currently we are looking to the crossing of the River Niger. We will drill under the River Niger and pull a pipe through so that it doesn’t lie on the water and constitute hazard to shipping and other users of the river. We will lay pipes under the River Niger. It is almost two kilometers (2000 metres). It looks small but the way it is done is not an easy feat,” he explained. Explaining how HDD technology works, he said: “Firstly, you drill a small hole all the way underneath the river to other side”. “Then you start going through slow and gradual process called under-rimming that is expanding the hole. So you can imagine, ultimately, the hole is going to be five feet of hole all the way underneath the

river. Imagine the weight, it is called over-burden, everything resting on the hole which is five feet tall, that is the challenges we dealt with. Our company NestHak recorded 100 per cent success in this project,” he added. On the steel technology adopted on the project, he stated that “we drill with steel pipe but there is no pipe supporting that hole”. “That hole is supported by the fluid we used which is a composition of chemical which helps to strengthen the wall, the pressure holds the wall until we are ready to pull through the pipeline. There is no need for any company to give pipeline contract to foreign company today because we can do everything on pipeline. There are other dimensions to this, laying pipelines on land is different from laying pipelines in the swamp and also different from laying pipelines in deep offshore, still we have the capacity in Nigeria today to do all that,” he explained. Tor-Agbidye, stated that another subsidiary of the Obijackson Group – Energy Works Technology Limited, is fabricating part of the topside facilities of Total’s Egina floating production, storage and offloading (FPSO) vessel.

T H I S D AY • TUESDAY, MARCH 21, 2017

BUSINESSWORLD

ENERGY

Curbing Restiveness through NDDC Reforms The reforms being undertaken by the Niger Delta Development Commission will facilitate sustainable development in the Niger Delta and potentially curb militant attacks on oil and gas facilities in the region. Ejiofor Alike reports One of the reasons the Niger Delta Development Commission (NDDC) failed to realise its core mandate of facilitating sustainable development of the Niger Delta since 17 years of its establishment, was the failure of the commission to resolve the issue of abandoned projects scattered in all parts of the Niger Delta. NDDC was established in 2000 “with the mission of facilitating the rapid, even and sustainable development of the Niger Delta into a region that is economically prosperous, socially stable, ecologically regenerative and politically peaceful”. The mandate of the commission include “formulation of policies and guidelines for the development of the Niger Delta area; conception, planning and implementation, in accordance with set rules and regulations, of projects and programmes for sustainable development of the Niger Delta area in the field of transportation including roads, jetties and waterways, health, employment, industrialisation, agriculture and fisheries, housing and urban development, water supply, electricity and telecommunications” Other functions include: “surveying the Niger Delta in order to ascertain measures necessary to promote its physical and socio-economic development; preparing master plans and schemes designed to promote the physical development of the Niger Delta region and the estimation of the member states of the Commission; and implementation of all the measures approved for the development of the Niger Delta region by the Federal Government and the states of the Commission”. The commission is also mandated to “identify factors inhibiting the development of the Niger Delta region and assisting the member states in the formulation and implementation of policies to ensure sound and efficient management of the resources of the Niger Delta region,” among other functions stipulated in the enabling Act. Oil and gas industry stakeholders believe that if NDDC had been effective in the development of the Niger Delta since 2000, Nigeria’s oil and gas industry would have recorded minimal or no attacks on oil workers and infrastructure, which came into international limelight in 2006. But rather than collaborate with/assist the Niger Delta states to implement projects and policies for the development of the region, the NDDC had in the past set out to compete with the various state governments to initiate projects that were never completed. The issue of abandoned projects was also linked to perceived corruption, which allegedly plagued the activities of the agency since inception. The Chairman of Presidential Advisory Committee Against Corruption (PACAC) Prof. Itse Sagay recently alleged that the NDDC under previous administrations was synonymous with uncompleted projects. “You will not believe that with all that we are going through, the NDDC, which is the other name for uncompleted projects, has just bought over 70 cars,” Sagay reportedly said about the previous management of the commission. Ekere’s reform However, the new template developed by the NDDC for the execution of proposed projects by contractors was the latest initiative by the Nsima Ekere-led commission to reform the agency to enable it realise its mandate of facilitating sustainable development of the oil-producing region. Published in THISDAY Newspaper, the template, which will “separate the men from the boys,” sets new requirements for contractors that would execute future NDDC projects. Professional agitators who want business-asusual will prefer NDDC to give contracts to the boys who will collect money and abandon the jobs as usual. But genuine agitators who mean well for the Niger Delta believe that for the NDDC to end the era of abandoned projects, contracts should no longer be awarded to incompetent youths masquerading as contractors who had abandoned the jobs awarded to them in the

Buhari past for lack of competence. On assumption of office in November 2016, the new management of NDDC, led by the Managing Director and Chief Executive officer, Mr. Nsima Ekere had initiated a raft of measures to reform the organisation and facilitate sustainable development in the Niger Delta. The reform also seeks to end the era of uncompleted projects and corruption, which had charaterised the 17-year-old history of the agency. To douse tension among the Niger Delta youths, Ekere recently directed the immediate payment of all outstanding scholarship fees to beneficiaries of the 2016 NDDC Overseas Post-graduate Scholarship programme. THISDAY had reported that in a recent meeting in Port Harcourt, Rivers State, Ekere had expressed displeasure that beneficiaries of the scheme were facing unfortunate hardship due to delays in remitting both their tuition fees and upkeep allowances and asked the students to submit their bank details to the NDDC immediately. A statement by NDDC spokesman, Chijioke Amu-Nnadi, had quoted the managing director as saying that only 32 out of 200 beneficiaries had so far submitted their personal international bank information and promised to pay them immediately. From all indication, the new management is poised to change the narrative, taking bold and steady steps to deliver a resounding impact. Shortly on assumption of office, Ekere had recalled an incident that brought the urgency to make lasting impact. “Nothing we heard or read about prepared us for what we met on ground. Thousands of youths had stormed the Commission and the hotels where Board Members were staying, welcoming us, pointing attention to the state of the region and the people particularly the youths and demanding that we do something to restore hope and build a new Niger Delta of hope, progress and opportunity,” he reportedly explained. He was referring to a large crowd of youths that had taken over the NDDC head office before the new board arrived, effectively truncating part of the handing over event in their bid to welcome the new team with unprecedented enthusiasm. For the new team, the incident was an immediate call to action - putting together an action plan that creates opportunities and restores hope to the youths and people of the Niger Delta region. Indeed, a recent study by Partnership Initiatives in the Niger Delta (PIND), an oil industry- funded initiative revealed that youth

Ekere unemployment is a major challenge facing the region. “Despite vast oil resources, the Delta region is characterised by extremely high poverty levels. 70 per cent of youth in the region live below the poverty line. The youth (15-24 years) unemployment rate is 40 per cent, far exceeding the national average youth unemployment rate of 14 per cent. Youth un- and under -employment has ultimately become both a driver of conflict and a formidable obstacle for peace and regional development,” PIND reportedly explained. To address this major challenge, the NDDC’s Chairman, Senator Victor Ndoma-Egba has said the Commission would focus on activities, which would create jobs and equip the youths with sustainable skills. “An ill-motivated, uneducated and unempowered youth on the other hand will be a curse and danger to the nation. We, therefore, have a sacred responsibility to make our youth a real resource and a blessing to our Region and Country,” he added. That has already begun. Last month, the Commission recently approved and invited tenders from consultants to implement its high skill development programme for youths across the region. The focus areas including entrepreneurship development, software development and programming, maritime technology, entertainment industry and welding and fabrication, are areas with significant capacity gaps which the training is intended to bridge. As part of the new regime of transparency and openness, the budget of the commission is now available on the commission’s website. Also a project monitoring portal has been launched to enthrone accountability and due process. The new board had earlier put a hold on payments and contract awards to ascertain the state of affairs of the commission. An audit of its processes, system, projects and personnel were initiated for integrity, efficiency, transparency and accountability. Also when the Board had its inaugural meeting in January, it adopted a four-prong strategy it code-named the 4R to drive its activities: Restructure the balance sheet; Reform the governance systems; Restore the execution of the core mandate; and Reaffirm commitment to doing what is right. Next came the three -day retreat that brought in stakeholders to review the future direction of the commission. The idea of the retreat was to open up the organisation to fresh ideas by organising a

stakeholder retreat in Rivers State from February 2-4, 2017. The stakeholders’ retreat was charged with the task of jointly formulating the commission’s vision, and the drawing up of a roadmap for the actualisation of this vision. To enthrone international best practices in its activities through effective collaboration with reputable international organizations, representatives of The European Union, Department for International Development (DFID), Ford Foundation, and USAID/SACE were invited. To align with the transparency posture of President Muhammadu Buhari’s administration, NDDC also invited the Bureau of Public procurement (BPP), Bureau of Public Service Reforms (BPSR), PIND, SEEFOR, Facility for Oil Sector Transparency (FOSTER), National Extractive Industry Transparency Initiative (NEITI), BRACED Commission, Shell Production Development Corporation (SPDC), BudgIT, and others. Themed ‘Colaboration for Sustainable Development’, the event was the first of its kind in the 17-year history of the NDDC. Benefits of the retreat At the end of the retreat, the commission resolved that going forward, it would operate as a regional enabler, working in partnerships with states and local governments to deliver development. To actualise this aspiration, the board has met with some Governors of Niger Delta States and solicited their support, especially in the reactivation of the Niger Delta Development Advisory Committee made up of governors of the nine Niger Delta States. During its visit to Rivers State, Governor Nyesom Wike had argued that to succeed, the commission and governments of Niger Delta States must work together adding that “NDDC needs the support and cooperation of states to make meaningful impact in the Niger Delta.” Governor Godwin Obaseki of Edo State also re-echoed the same sentiment when he said: “We have to, from now on, be involved in their projects and in the selection of contractors to work in our state.” “From now on, we want to insist that the same quality of materials we use on our roads are the same NDDC contractors who operate in the state must use,” he added. With the collaborative approach of the new management of NDDC towards Niger Delta development, the issue of underdevelopment, which is the basis of restiveness in the region, will be addressed through collaborative efforts of relevant stakeholders.

T H I S D AY • TUESDAY, MARCH 21, 2017

BUSINESSWORLD

ENERGY

Ezigbo: Urgency is Required to Tackle the Dearth of Infrastructure in the Gas Sector In this interview, the CEO of Falcon Corporation, Prof. Joseph Ezigbo lamented that the huge debt owed by the power companies has made it unattractive and unsustainable for gas suppliers and producers to continue to make gas available to the power sector. He also proffered solutions to the hydra-headed problems in the power sector. Excerpts: The Federal Executive Council recently approved the release of N701 billion for the power sector. Will that rescue the power sector from its tipping point? That is cheery news but I doubt if that will solve the illiquidity in the gas-to-power value chain. From the clarification made by Saidu Mohammed, chief operating officer (COO), Gas and Power Division of the Nigerian National Petroleum Corporation (NNPC), at the Oloibiri Lecture Series and Energy Forum in Abuja recently, the N701 billion will be used to pay for gas supplies from January this year and not be used to settle legacy power sector debts, which have now been estimated to cross the N1 trillion mark. So the issue of the legacy debts threatening to obliterate some gas firms still looms. While the government’s move to bring some stability with the intervention is commendable, the issue of the legacy debts still needs to be addressed. The illiquidity situation along the gas-to-power value change poses quite the challenge. The huge and mounting debt owed by the power companies has made it completely unattractive and indeed unsustainable for gas suppliers and producers to continue to make gas available to the power sector. It’s a gargantuan problem, yes, but it is still not insurmountable. Issues pertaining to the collection and returns constraints along the value chain must be looked at. Issues around costs and tariffs must be looked at. We cannot continue to play ostrich in the face of an imminent meltdown of the sector. Are you surprised that Nigeria is still battling to sustain 4,000MW of power supply for a county of about 180 million people? I am not surprised in the sense that not much has been done to improve our infrastructure especially transmission infrastructure. As of today, even if the country generates more than 5,000MW, it cannot be utilised as our transmission infrastructure cannot wheel out more than that. It is really a shame that in the year 2017, Nigeria is still battling to generate 4,000MW on a sustainable basis. It is a shame that Nigeria has been grappling with crippling power supply crisis for decades without an end in sight despite the multi-billion dollar investments in the sector, particularly over the past twenty years. But instead of dwelling more on the failures, let’s focus on the solutions. To operate a gas power station effectively, there must be a gas gathering infrastructure complete with a gas supply pipeline system and since 80 percent of our power generation is from gas-fired turbines, there should be urgency in tackling the dearth of infrastructure in the gas sector. It is clear that the government does not have the resources to finance the infrastructure deficit along the gas-to-power value chain. It is also clear that the expediency that is demanded to greatly ramp up the level of our infrastructure, cannot be delivered by government agencies as currently constituted with its attendant bureaucracies. What needs to happen therefore is that the public sector needs to really create room for the private sector to lead this charge. The role of government should be one of facilitation, creating the enabling investment environment, and of course oversight to ensure reasonableness on the part of investors as it impacts on the welfare of the citizens. According to the NNPC GMD, the spate of pipeline vandalism has dropped by 20% on month-by-month basis. Will you call that progress? Sure, that is progress. We have seen a lot of engagement and dialogues with stakeholders by the federal government in in the Niger Delta region with the acting President making shuttles to the region. This move brought a lot of hope to the Niger Delta people and the industry. No doubt, the environment is improving.

Ezigbo The resumed payment of cash stipends to former militants agreed under a 2009 amnesty in the country’s Niger Delta oil hub equally helped to calm nerves but it is a measure that addresses only one element of a broader systemic challenge. We can already see its positive impact on our crude oil output. According to official sources, Nigeria’s crude oil production has risen to 2.1 million barrels per day from an average production level of 1.8 million per day last year. That is good news especially against that background that our crude production declined to as low as 1.5 million barrels per day in July 2016. I understand that the government is not setting target of ramping up production to 2.2 million barrels per day by

Issues pertaining to the collection and returns constraints along the value chain must be looked at. Issues around costs and tariffs must be looked at. We cannot continue to play ostrich in the face of an imminent meltdown of the sector

the end of Q2, 2017. It is critical that the government and all the stakeholders move in to commence progressively realizable aspects of the Niger Delta Masterplan while the window for peaceful negotiation is open. Granted, the challenges are extensive and compounded having persisted for several years, but small steps will count and add up over time. We must be mindful of the fact that as much as we are looking to draw private investment into the sector, investors are keeping the restiveness and issues pertaining to security of lives and property at the front burner when making their investment considerations, so whatever can reasonably and practically be done in a progressive manner to address the region’s needs, must receive priority action from the government. The federal government is pushing for gas resource optimisation. Do you see the new draft National Gas Policy achieving that? It is quite commendable that the government is now thinking of a gas-specific policy after decades of using laws and regulatory framework made for oil projects to run gas projects. It is right thinking and quite frankly long overdue. I am hopeful that with concerted will and single-minded strategic focus on the long-term developmental aspirations of the country, we will make significant progress in terms of being an attractive gas-based industrial nation. It is also commendable that the draft National Gas Policy as put forward by the federal government is proposed to be private sector-led. If this will be seamlessly implemented as proposed then we can be assured that the policy would stimulate a competitive business environment for both present and prospective investors; particularly as the draft national gas policy also articulates a clear vision for the sector and sets realistic policy objectives, strategies and an execution plan for the medium to long term targets for gas market development. On the newly released draft fiscal policy for the petroleum industry, it seeks to reduce the government take for the onshore and shallow

water fields. Do you think this will stimulate development of smaller new fields, especially for small companies? Certainly! That move will stimulate development of smaller new fields especially as small and marginal field producers’ experience more costs which they are unable to recover from the Government. As it is currently, the terrain proves to be particularly more challenging for small field producers because they have higher OPEX driven by low reserve and low production volumes of their field, contrasted against the fact that small field producers still compete in the same market with bigger producers for operations equipment and support services. At the same time, based on their low reserves, the smaller fields struggle with a huge differential vis-à-vis timing for costs recovery and therefore timing to break-even. Thus, reducing government take for onshore and shallow waters will directly impact on the profitability profiles, and thereby stimulate development of small and marginal fields. Since OPEC announced the production output cut deal, there has been an uptick in the price of crude oil. What should Nigeria do differently this time around should we have another cycle of oil boom? Granted, we have seen an uptick in the global crude oil prices as a result of the new OPEC production output cut deal; and granted that Nigeria had the good fortune to have been exempted to enable us ramp up production levels that were significantly depressed as a result of renewed insurgence in the Niger Delta. However, in my view, this period and these developments call for us as a nation to be even more circumspect and deliberate about the management of our production, reserves, and oil revenues. From the new figures released recently, Nigerian output saw good signs of recovery with January 2017 average production profile Continued on page 25

T H I S D AY • TUESDAY, MARCH 21, 2017

BUSINESSWORLD

ENERGY

Firm to Build Nigeria’s First-ever Waste-to-Power Plant Chineme Okafor in Abuja Strancton Limited, a private power firm has opened discussions with the federal government to build the firstever waste-to-power plant in Nigeria. Speaking shortly after holding discussions with key government agencies like the Nigerian National Petroleum Corporation (NNPC), Central Bank of Nigeria (CBN), Ministries of Power and Environment, as well as Nigeria Investment Promotion Commission (NIPC), in Abuja, the Chief Executive of Strancton,

Edozie Njoku, stated that the plan was to convert Nigeria’s huge waste into power for economic development. Edozie stated that if ongoing discussions with the government end successfully, the plant could become Nigeria’s first large scale waste-to-power plant, and the second in Africa, the first being that of New Horizons Energy in Athlone, Cape Town South Africa. He explained that the company’s research on Nigeria’s waste deposits indicate it would be sustainable to run a waste-to-power plant in some states of the federation.

He added that the legal frameworks on access and use of municipal waste would need to be fine-tuned to forestall possible scarcity of waste from potential government’s recalcitrant acts. Edozie noted that countries in Europe have developed and maximised waste-to-power technology to provide electricity to their homes and offices. He stated that Nigeria, which generates a lot of waste would have to consider making the most of this. He said he made a presentation to the power ministry in 2016, and it was agreed

that relevant stakeholders in the sector should converge to explore the potentials of waste-to-power plants in Nigeria. According to him, the recent meeting was a follow up to the 2016 agreement and initiation of an advance action plans for the convergence of an international investment seminar on waste-to-power in Nigeria which is expected to hold in June 2017. The seminar, Edozie noted would bring investors and project contractors to further assess and invest in wasteto-power in Nigeria, while Strancton would advance

its project plans with its foreign development partners comprising Inter Engineering and Solventure GmbH (Ltd) of Germany. While he did not disclose the template for the plant in terms of its capacity and financial implications, as well as possible location, Edozie however said that modalities on these were being worked out and investors available for the project. “The raw materials - Municipal Solid Waste (MSW) are everywhere in Nigeria. The technology we are deploying also produces fertilisers

as waste product which is another value addition for us,” Edozie said. He added that a couple of government’s agencies have approached Strancton for further discussion on the possible deployment of standalone off grid waste-to-power systems at various identified sites. According to reports, Nigerian cities generate a lot of Municipal Solid Waste (MSW), and have following their increasing sizes and population with poor infrastructure development, face significant difficulties in managing their MSW.

ExxonMobil Partners WEConnect to Support Women Entrepreneurs Ejiofor Alike A major highlight of the recent International Women’s Day was Women In Nigeria Exhibition & Conference organised in Lagos by WEConnect International, an NGO focused on Women Economic Empowerment and sponsored by ExxonMobil, along with other global partners of WEConnect such as Procter & Gamble, IBM, Accenture and Ernst & Young. The Conference, with the theme, Bold Steps for Big Change, was attended by businesswomen from various sectors of the economy, including the Executive Vice Chairman of Famfa Oil Limited, Mrs. Folorunsho Alakija, who

was the keynote speaker. In a presentation titled “Nigeria, The Journey So Far- Marketplace and Opportunities”, ExxonMobil Nigeria’s Operations Procurement Manager, Judith Mbonu, said the company had invested over $100 million in support of Women Empowerment Initiatives in over 90 countries around the world, including Nigeria. The investments, under the corporation’s Women’s Economic Opportunity Initiative (WEOI), were, according to her, “aimed at helping women achieve their economic potentials towards improving the socio-economic conditions of their respective communities” and had benefitted tens

of thousands of women in those countries. She also said ExxonMobil upstream companies in Nigeria did business with womenowned companies to the tune of over $24 million in 2016 in furtherance of this economic empowerment objective, adding that ExxonMobil’s support for Women Economic Empowerment stems from their strong belief that “when women move forward, the world moves with them”. “We also know that when women control their income, they usually invest in the health, education and well-being of their families and communities, thereby benefitting the entire society”,

she said. She said ExxonMobil supports WEConnect at both globally and locally, adding that the Corporation had also implemented a number of other intitiatives aimed at the sustainable economic empowerment of women in Nigeria. Mbonu, who is also the Chairperson of the WEConnect Advisory Council in Nigeria, urged women to utilise networking towards making their businesses more competitive and successful. “You need to network locally, regionally and internationally,” she said. In her speech, ExxonMobil’s Global Sustainable Procurement Manager, Nancy Swartout, who

was the international guest speaker at the WIN Event, spoke on the topic, “Global Support for WEConnect International”. She said ensuring diversity was a key aspect of ExxonMobil’s operations, adding that the corporation spent $33 million on its Global Supplier Diversity programme outside the United States in 2016, exceeding its target of $25 million. She said that the $24 million business volume achieved with women-owned organizations by ExxonMobil affiliates in Nigeria, represented 74% of this total spend, thanking Nigerian women entrepreneurs for their support to the company.

Swartout further said ExxonMobil champions Women Economic Empowerment within the organisation through Advocates actively supporting women-owned businesses, noting that the number of such Advocates in the ExxonMobil system had risen from 100 in 2015 to about 200 in 2016. She also said ExxonMobil supports Non-Government Organizations (NGOs) such as WEConnect International by not only having ExxonMobil staff serve on their Advisory Boards in different countries, but also encourages their staff to volunteer and share their expertise with women-owned businesses and helping them to improve on their operations.

EZIGBO: URGENCY IS REQUIRED TO TACKLE THE DEARTH OF INFRASTRUCTURE IN THE GAS SECTOR of 1.65 million barrels per day. As Nigeria’s crude oil export revenues once again begin to grow and in the face of the extent of very real challenges we have experienced at the height of depressed oil prices and revenues; we would do better to plough the extra earnings to aggressively driving the nation’s diversification agenda. Indeed, a lot of focus still needs to be on the gas industry. We must recognise that if we do not have power, we cannot achieve our diversification agenda and without gas we will continue to have no power. It is time to move beyond the mantra of diversification. If the boom cycle returns soon, we should focus on leveraging the private sector for the massive investments required in infrastructure for gas development, processing and transportation, as well as infrastructure investment in other sectors that will ensure we are running full throttle on all the pillars that drive the economy. Again, the days of profligacy are gone and Nigerians, government Ezigbo and citizens, should in unison stand up against decisions that move us back to constant erosion their portions directly which would also then of our economy, people and potentials. afford them an easier pathway to expanding their operations without the constraints of federal NNPC has set 3 year target to transit to government’s controls or budgetary challenges. incorporated joint venture. How will you This in itself will ultimately reduce substantially situate this agreement especially in context the amount of time it takes to implement contracts of government’s inability to meet its cash calls in the industry. for years? According to the Honorable Minister of State It is laudable that the Federal Government for Petroleum Resources, Dr. Ibe Kachikwu, the finally exited the crude oil Joint Venture (JV) development would also result to the reduction cash-call policy which it had with about six major in unit technical production costs of oil from International Oil Companies (IOCs) operating in $27.96 barrels to $18 in the country. This is a the country. The system had been perennially huge leap forward and Nigeria can only but abused and created many inconsistencies in the benefit from the ripple effects of this. sector. The JV cash call exit arrangement would excuse the government of the cash call burden Is there a shift in focus for Falcon given the involved in funding JV operations, which had overall business outlook both in the sector created a series of operational and investment and the economy at large? bottlenecks over the past few years. We had Yes, there have been some changes in our lived with a scenario where the monies went business focus. As with other players in the directly to the federation purse and the IOC’s industry, the EPC aspects of our business have had to wait for cash calls that many times never been impacted by the downturn in prices and came, while at the same time facing the demand attendant deferred capex projects. We have pressure from government to ramp up their however remained steadfast in developing our investments in gas and other areas of operations. existing gas business, taking strategic steps towards Going forward, the IOCs will be able to deduct developing new markets beyond our franchise

zone and looking at replicating our gas distribution successes in other parts of the country where gas utilisation would boost economic development. We have also been working steadily to progress our investments in the real estate space. Also on the gas front, we are currently making an investment in developing a Liquefied Petroleum Gas tank farm to address the infrastructure gap that has constrained the adoption and utilisation of LPG in various sectors and across the country. What are you doing differently to weather the storm amidst the increasingly challenging operating environment? In a challenging operating environment such as the one we find ourselves in today, every business organization has the option to sink with the tides, or swim in it. For us swimming in it has been about doing a deep-dive to understand what pillars of our business models we need to re-jig to maintain a strong enough bottomline. At Falcon we have always been focused on optimising available resources, through tactical cost discipline and strategic cost reduction initiatives that do not compromise value delivery and stakeholder benefits. This is working for us

It is really a shame that in the year 2017, Nigeria is still battling to generate 4,000MW on a sustainable basis. It is a shame that Nigeria has been grappling with crippling power supply crisis for decades without an end in sight despite the multi-billion dollar investments in the sector, particularly over the past twenty years more so in the current clime than ever before. These are times that call for a no-frills approach to operations, and the adjustments have been easy for us to adopt and internalise because already we are not tolerant of waste. A big part of our ability to do this has been our people who understand clearly how uneven the terrain is at this time, and work diligently to ensure we achieve these objectives. In this period we launched our OneFalcon-OneFocus initiative which is targeted at consolidating our existing lines of revenue while synergistically mobilising to ensure our new initiatives take off. Our teams share a commitment to ensure the company continues as a strong brand even amidst the difficulties of the day and I must appreciate their drive.

T H I S D AY TUESDAY MARCH 21, 2017

T H I S D AY • TUESDAY, MARCH 21, 2017

PROPERTY & ENVIRONMENT UK Trade Department Discusses Development in Imperial City, Lagos

Infrastructure

The UK Department for International Trade has indicated interest in getting British firms to develop key infrastructure such as energy, transportation and ICT in the evolving Imperial International Business City. Bennett Oghifo reports

fficials of the UK Department for International Trade | British Deputy High Commission met, recently, with the promoters of Imperial International Business City, IIBC, to discuss how British firms can collaborate with them to provide energy, efficient transportation and ICT in the new city. The Imperial International Business City is a new work and live-in community, evolving on the shores of the Lagos Lagoon, which the promoters estimate will cost $300 million to build. The city is being developed on 200 hectares of land through a joint venture arrangement between HRM Oba Saheed Ademola Elegushi and Channeldrill Resources Ltd. The meeting was attended by the Elegushi of Ikate Land and Environ, HRM Oba Saheed Ademola Elegushi; Managing Director, ChannelDrill Limited, Femi Akioye; Project Coordinator/Investment Adviser, Imperial International Business City, Benson Evboren; Chairman, ChannelDrill Limited, Emeka Ndu; Head, Infrastructure, Department for International Trade, British High Commission in Nigeria, Kemi Williams; and Director, Department of International Trade, British High Commission in Nigeria, Ahmed Bashir. At the meeting the outgoing

UK Deputy High Commissioner promised Oba Elegushi that the UK Department for International Trade would assist the developers of IIBC to leverage on its experience and contact in making the city a reality. The department, he said would also introduce the developers of IIBC to willing investors from the UK. The Deputy High Commissioner said Lagos State was fast developing as the economic nerve centre of Africa and believes that such laudable project should be encouraged for the state to meet the needs of its growing population and its demand for world-class infrastructural development. This, he stressed also fits perfectly into the plan of the UK government to help emerging economies grow faster and fully develop their potentials. The team later visited the site of the proposed city after the meeting at the Ikate Elegushi Palace. HRM Oba Saheed Ademola Elegushi said he went into the partnership based on his experience, living in such facilities abroad, stating that it was important for Nigerians to live green. Building the city, he said was beyond quest for profitability, stating that it was about leaving a legacy. “It about doing what people think a typical Nigerian cannot achieve.” He said movement within and around the city was not going to be a problem because the

L-R: Project Coordinator/Investment Adviser, Imperial International Business City, Benson Evboren; Chairman, ChannelDrill Limited, Emeka Ndu; Head, Infrastructure, Department for International Trade, British High Commission in Nigeria, Kemi Williams; The Elegushi of Ikate Land and Environ, Oba Saheed Ademola Elegushi; Director, Department of International Trade, British High Commission in Nigeria, Ahmed Bashir, Managing Director, ChannelDrill Limited, Femi Akioye, during a visit to the Oba’s Palace… recently

Lagos State government was already opening up the area with alternative link roads. Managing Director, ChannelDrill Limited, Femi Akioye said investors would reap a

hundred per cent returns on their investment. The city, conceived as a sustainable and green is situated in the neighbourhood of Lekki Phase I. There are three access roads

to IIBC presently; Freedom road through Lekki Phase 1 (Lekki Third Roundabout); Kunsenla Road by 4th Roundabout of Lekki Epe high way; and Oba Saheed Ademola Elegushi

Road by Spar supermarket before Jakande. Another access road to be constructed will be through Femi Okunu by Jakande roundabout in the future.

NIOB to Discuss Site Management Practices for Builders The Nigerian Institute of Building plans to discuss ‘Site Management Practices for Builders’ at its mandatory professional development workshop. According to the Chairman, Professional Development Committee, Builder Kunle Awobodu, the training with sub themes:

‘Concept of Site Management; Construction Methodology; and Project Programming would hold simultaneously in Lagos at the Nigerian Institution of Surveyors’ building, Alausa, Ikeja and at Tauba Hotels in Abuja on March 29 and 30, while it would hold in Uyo and Katsina on April 5 and 6.

He said the course outline included: Concept of Site Management; Understanding the Importance of Building Site Management; Practical Ways of Managing a Building Site; Ability to Develop a Work Breakdown Structure. For A Building Project; Preparation of a Construction

Methodology For A Building Project; Understanding The Concept And Purpose Of a Construction Programme; Importance of Work Breakdown Structure; Understanding the Steps of Preparing a Construction Programme; and Preparation of a Practical Construction Programme.

Community Leaders, NMRC, REDAN Sign MoU on Housing Finance, Research Lawmaker, Back Ambode’s The Nigerian Mortgage “A country that ignores policy formulation with a 2017. The MoU is to create Refinance Company (NMRC) significance of housing in view of having effective Opportunities in increasing Cleaner Lagos Initiative has signed a Memorandum its economy ignores the and deliverable policies. It investment flow to housing

Fadekemi Ajakaiye

The Cleaner Lagos Initiative (CLI) of the Lagos State Government has been described as a revolutionary move which would go a long way in ensuring proper waste management in accordance with international best practice. The commendation was given recently by some market and community leaders, as well as a federal lawmaker. Speaking at separate interviews, the community leaders commended the governor, Mr. Akinwunmi Ambode for coming up with the initiative, saying that it now behooves the residents of the state to embrace the initiative and support government in its quest to address the environmental challenges confronting the state frontally. Reacting to the development, a member of the House of Representatives, representing Agege Federal Constituency, Taofeek Adaranjo said there was no question at all about the good intention

of the government with the initiative, adding that it would help to checkmate the health challenges associated with filthy environment. Adaranijo, who was the Chairman of Orile-Agege Local Council Development Area (LCDA), said with the initiative, Governor Ambode has further demonstrated his genuine intention to transform the State and turn it into a mega city in the true sense of the word. “Everybody must key into this initiative because it is a good one aimed at ensuring that we have a clean environment. I want to particularly urge the market men and women, those at the Local Government, the Private Sector Participants (PSP) operators and all the people to support government to achieve the purpose of coming up with this very laudable policy. “It is better for us to key into it and ensure that we support government because at the end of the day, the policy is for our greater good,” the lawmaker said.

of Understanding with the Real Estate Development Association of Nigeria (REDAN) on research, advocacy and housing finance to bolster the sect The signing of the MoU was held recently at the just concluded REDAN building expo and intensive workshop in Abuja. Prof. Charles Inyangete, Director General, NMRC stated that the MoU was intended to allow the housing developers who were critical housing suppliers to be part of its long term funding in housing monetary value chain. Inyangete stated that the NMRC was committed to partnering with REDAN and all stakeholders to achieve deep investment in creation of robust mortgage market system. He described NMRC mortgage market system as a disruptive technology innovation which consolidated Nigeria’s fragmented housing market by integrating the housing value chain.

key sustainable economic growth development initiatives. Partnership is needed to achieve affordable housing for Nigeria,’’ he noted. Rev. Chime Ugochukwu, REDAN President noted that the two organisations agreed to work together in the area of research, advocacy, training and housing finance. Chime said that the MoU also captured the interface with the state governments and the Federal Capital Territory on land administration, approvals, titling, foreclosure and permits. “With the bridges being built, we envisage a new era of cooperation and enhanced access to opportunities and growth of real estate sector. The expert reiterated the association’s commitment to collaborate with critical stakeholders in the sector with a view of galvanizing resources to reflate the economy. “Beyond finance, critical stakeholders should always be brought on board in

will be recalled that REDAN had also signed an MoU with Shelter Afrique, a Pan African Housing Finance Institution and Federal Mortgage Bank of Nigeria (FMBN) in Feb. 18,

with a 200 million U.S dollars annual line of credit, which will certainly have positive impact on shelter provision, employment generation and inclusive economic growth.

Electronic Payplus Bags ISO Certification Electronic Payplus Limited, a foremost smart card and payment solution provider has satisfactorily completed its ISO 9001: 2015 Quality Management System Certification and has, recently, been awarded a completion certificate by the United Kingdom Certification Agency (UKAS). According to the Chief Executive Officer of the Company, Mr. Bayo Adeokun, “This Award is in continuation of our relentless pursuit of customer satisfaction. It is also our belief that the certification will create a

continual improvement culture within the organization as we engage our employees and other stakeholders in a quality process that yields better product offerings for the consumers. “Now, we are looking at our overall systems interaction through the process and riskbased approach thereby leading to better process integration,” Adeokun said. “All of these will further help us to strengthen our core values of TIIPS (Team Work, Integrity, Innovation, Professionalism and superior Service delivery).”

T H I S D AY • TUESDAY, MARCH 21, 2017

PROPERTY & ENVIRONMENT

N5bn Property Fraud: Adenuga, his Company Stole Our Land, Says Witness Akinwale Akintunde A prosecution witness, Mr. Joseph Olaniyun in the ongoing case between the Economic and Financial Crime Commission (EFCC) and a former accountant with Chevron Nigeria Ltd., Mr. Michael Adenuga has told an Ikeja High Court how the defendant used his company, Covenant Apartment Complex Ltd. to steal their land in Lekki, Lagos. Olaniyun, while being cross examined by the defence counsel at the resumed trial before Justice Sedoten Ogunsanya maintained that the company which the group had wanted to use for the business was Lekki Sugar Land Properties Limited and had actually began the registration process with the name only for the defendant for reasons best known to him changed it to his to his personal company.

The witness further said that if the deal had gone on well he was to have about 32% of the property which he is fighting for. He further told the court that on a personal level he invested N241 million of his money, given more details of how he came about the money, Olaniyun told the court that he had to sell some of his personal estate to rise the above money. Olaniyun could not give the exact value of the properties at the time he sold it. He however maintained that he under value them just to raise money for the business. Adenuga and his company, Covenant Apartment Complex Ltd. are facing a three-count charge bordering on Stealing, forgery and use of false documents. The EFCC alleged that they had between September 2011 and February 2008, fraudu-

lently converted to their own use, a land measuring about 22.68 hectares. The commission said the property, situated at Ayetoro Ikota, in Lekki area of Lagos, was jointly owned by Covenant Sugarland Property

Development Ltd., and Messrs Sunday and Joseph Oyeniran. The defendants are also accused of forging a document titled, Contract of Sale between Covenant Apartment Ltd. and Kingview Realty Ltd., to facilitate the theft.

According to the EFCC, the said document was later presented by Adenuga to one of its officers, Mr. James Buzugbe, as genuine. The commission said the defendant’s alleged offences contravened Sections 278 (1)

and 285 (b) of the Criminal Law of Lagos State of Nigeria 2011. Justice Ogunsanya adjourned the case till March 24, 2017 for further cross examination of the third prosecution witness.

US Ambassador Lauds Umahi on Infrastructure Development The United States Ambassador to Nigeria, Mr. Stuart Symington has lauded Ebonyi state Governor David Umahi for his developmental strides. A statement by the government said Symington, who led a team of US diplomats to the state recently, said he was impressed that the governor was putting government to work for the benefit of the people. He said, “I was particularly honored because I had the chance to see before I got here (Government House, Abakaliki). I have gone round to see what you people in the state are doing and your leadership to improve infrastructure. I had the chance to see what the people of your state are doing to improve their lives like farming. I had the chance to see your rice and it is one of the best you can find anywhere in the world. “I had the chance to see the place where the people of the state will be working for the future, that is the new secretariat and the government lodge and specifically, these are telling me that under your administration with the support of your people, you are putting government to work for the benefit of your people.” The envoy, according to a statement on Saturday by Umahi’s Chief Press Secretary, Emma Anya, also commended the governor for embarking on massive road construction to connect neighboring states. Pointing out that the idea would lead to economic integration with Ebonyi’s neighbours, he assured the Umahi administration of Washington’s partnership especially in wooing investors to the state particularly in the areas of agriculture and solid mineral development Symington, who said that investment opportunities were the first approach towards attracting investors to the state, noted that infrastructural

development and adequate security were imperative in wooing foreign investors. He added: “The first critical step involves upgrading the economic fortunes of the state, and also setting up opportunities in this area that would welcome business investors to this state thereby making it possible for investment. “I cannot think of any more compelling message than this and I urge the state government to abide by this because it will bring investors to the State. The envoy urged the state government to sustain the prevailing peace and security in the state, noting that no meaningful development can take place in an atmosphere of rancour. Earlier , Governor Umahi had commended Symington for his visit to the state and solicited his assistance in attracting investors to the state. Umahi described the visit as an opportunity for the state to re-invent itself economically, stating “you have seen how Ebonyi State is trying to put together the infrastructure and human development needs of the people.” “This visit will enable the state explore areas of partnership with the United States Government especially in the areas of Agriculture and solid minerals,” he told the envoy. “Agriculture is one key area we need investment. We also need investment in areas of Medicare and solid minerals. I assure you of a very healthy enviroment,” Umahi stated. The ambassador was in company with the US Consular General in Nigeria, Mr. John Grey and other Support Staff of the Consulate Office. Highlights of the visit of Ambassador Symington were the tour of some key projects executed by the Umahi Government and a state banquet in their honour at the Governor’s Lodge on Friday night.

United States Ambassador to Nigeria, Stuart Symminton; and Ebonyi State Governor, David Umahi when the envoy visited the governor in Abakaliki... recently

NLNG to Partner FG on Nigerian FM Professionals to N120bn Bonny-Bodo Launch National Association Highway From Olawale Ajimotokan in Abuja The Nigeria Liquefied Natural Gas (NLNG) has revealed its plan to support the federal government initiative towards provision of critical infrastructure for the Niger Delta Region by contributing N60 billion in the construction of Bonny-Bodo Road. NLNG Managing Director, Tony Attah said the company would key into the construction of the 39 kilometres road by providing 50 per cent of funding projected by the federal government. The Bonny-Bodo Road is projected to cost the sum of N120 billion and upon completion will open up access and enable commerce between the creeks and Port Harcourt. Bonny Island, on the tip of Gulf of Guinea, is estimated to be inhabited by roughly 300,000 people. Unfortunately the residents of the community which hosts the massive NLNG gas plant in Finima, are only connected to the neighbouring communities via waterways made unsafe by the activities of militants and other criminal elements. Attah said that the initiative to construct a road from Bonny to Port Harcourt which has been on the table for the past 30 years will now be a reality as the company is now determined more than ever to ensure that goal becomes a reality. “The road is just less than 40 kilometres and is a federal

government project estimated to cost N120 billion. We have stepped forward to say we will contribute N60 billion to make it a reality in tune with our vision to build Nigeria and deepen our social contributions in our core area of business,” Attah said. The managing director added that the road project is envisioned in the collective dream of making Bonny Nigeria’s own version of Dubai within the next 25 years through a commitment to invest the sum of N3 billion annually in the community. He said the investment is outside the $200 million the NLNG had spent to date providing roads, water and uninterrupted electricity in the Niger Delta region, adding with deliberate investments and long term planning, Bonny can become Nigeria’s own version of Dubai with a big potential for tourism and bio-diversity. “Qatar was a mere fishing village about 50 years ago but it has now evolved into a megacity powered by revenue from gas, where it has the market share of 30 per cent. With the opening up Bonny–Bodo Road plus our contributions of N3 billion over the next 25 years, Bonny will become a megacity, with a long beach front, lined with hotels and high-rise buildings. We can finance that with solid commitments-we are only waiting for the Bonny Kingdom Development Foundation to be registered.

Fadekemi Ajakaiye Nigeria Facilities Management Professionals have decided to launch a National Association. According to a statement by Dr. MKO Balogun, Chairman, Media, Events and Communications, “This decision was reached at stakeholder’s fora held in Lagos and Abuja on March 7th and 9th, 2017, respectively. The fora mandated the National Steering Committee to ensure this is achieved ahead of the World FM day celebration in May 2017. “The setting up of the National Association is bringing together all Facilities Managers for the development of the industry, which has been in existence for almost 20 years without visible progress. The body is a professional association and not a regulatory body. In Nigeria, government through acts of parliament sets up regulatory bodies.” Giving background, Balogun said, “FM in Nigeria is probably about 20 years old, however, there had not been any visible sign of that in our industry, our national economy and the lives of members of the profession, over time, we have fragmented ourselves into small groups rather than come together to forge a common front. “Nigeria FM professionals have aligned operations and association with the US and British FM bodies, IFMA and BIFM with both bodies more

driven towards general FM education and learning, and also focused more on their local environment development than development of FM in international environments. This has led to the establishment of associations like SAFMA South Africa Facilities Management Association; MEFMA Middle Estate Facilities Management Association; among others.” He said “The purpose of the Association will be to provide a national platform for the promotion and continuous development of Facility Management in Nigeria as well as a platform to drive the contribution of facility management to national development through leveraging international partnerships, standards and best practices in the development of relevant local standards. The Association will work with various stakeholders, affiliate organisations, similar bodies, associated professional bodies and international FM organisations to achieve the stated purpose.” The association’s objectives are to represent the interest of all professional facility managers and companies practicing in the industry; be the voice of the Nigerian FM industry through advocacy; influence government policies related to infrastructure design, development & management; and work with the Nigerian FM Industry regulatory body (when created) to ensure practitioners, companies, developers adhere to standards.

T H I S D AY •TUESDAY, MARCH 21, 2017

BUSINESS/MONEYGUIDE

World Bank to Invest $57bn in Nigeria, Others Obinna Chima Following a meeting with G20 finance ministers and central bank governors, the World Bank Group President Jim Yong Kim has announced that the Bank would be investing $57 billion in financing for Sub-Saharan African countries over the next three years. According to a statement, the bulk of the financing – $45 billion – will come from the International Development Association (IDA), the World Bank Group’s fund for the poorest countries. The financing for Sub-Saharan Africa also will include an estimated $8 billion in private sector investments from the International Finance Corporation (IFC), a private sector arm of the Bank Group, and $4 billion in financing from International Bank for Reconstruction and Development, its non-concessional public sector arm. In December, development partners agreed to a record $75 billion for IDA, a dramatic increase based on an innovative move to blend donor contributions to IDA with World Bank Group internal resources, and with funds raised through capital markets. Sixty percent of the IDA financing is expected to go to Sub-Saharan Africa, home to more than half of the countries eligible for IDA financing. This funding is available for the period known as IDA18,

which would run from July 1, 2017, to June 30, 2020. “This represents an unprecedented opportunity to change the development trajectory of the countries in the region,” Kim said. “With this commitment, we will work with our clients to substantially expand programs in education, basic health services, clean water and sanitation, agriculture, business climate, infrastructure, and institutional reform.” The IDA financing for operations in Africa will be critical to addressing roadblocks that prevent the region from reaching its potential. To support countries’ development priorities, scaled-up investments will focus on tackling conflict, fragility, and violence; building resilience to crises including forced displacement, climate change, and pandemics; and reducing gender inequality. Efforts will also promote governance and institution building, as well as jobs and economic transformation. “This financing will help African countries continue to grow, create opportunities for their citizens, and build resilience to shocks and crises,” Kim said. While much of the estimated $45 billion in IDA financing will be dedicated to country-specific programs, significant amounts will be available through special “windows” to finance regional initiatives and transformative projects, support refugees and

their host communities, and help countries in the aftermath of crises. This will be complemented by a newly established Private Sector Window (PSW)—especially important in Africa, where many sound investments go untapped due to lack of capital and perceived risks. The Private Sector Window will supplement existing instruments of IFC and the Multilateral Investment Guarantee Agency (MIGA) – the Bank Group’s arm that offers political risk insurance and credit enhancement – to spur sound investments through de-risking, blended finance, and local currency lending. This World Bank Group financing will support transformational projects during the FY18-20 period. IBRD priorities will include health, education, and infrastructure projects such as expanding water distribution and access to power. The priorities for the private sector investment will include infrastructure, financial markets, and agribusiness. IFC also will deepen its engagement in fragile and conflict-affected states and increase climate-related investments. Expected IDA outcomes include essential health and nutrition services for up to 400 million people, access to improved water sources for up to 45 million, and 5 GW of additional generation capacity for renewable energy.

Shoprite Condemns S’Africans Attack on Nigerians, Others Shoprite Nigeria has condemned in strong terms any kind of xenophobic violence and intimidation against the citizens of Nigeria and other countries in South Africa and anywhere in the world. The retailer said in a statement that it was highly concerned at the acts of violence against foreign nationals that sporadically flare up in South Africa and the resultant rhetoric of intolerance that is now being

levelled against South Africans living in Nigeria and in other part of Africa. “As a company with deep African roots that employs thousands of African nationals and most importantly works to bring low prices to 14 countries outside of South Africa, we would like to see an end to xenophobia across the continent,” Regional Manager, Shoprite Nigeria, Mr. Olufemi Oke said. According to him, “Shoprite

appeals to the general public of South Africa and Nigeria to protect the human dignity and safety of all people living in both countries.” “We remain committed to work with industry and the appropriate consumer groups to engage so that decisive action is taken against those involved in violent crimes and intimidation against foreign nationals as well as to convey our strong position against xenophobia,” he added.

GreenWish to Invest $280m in Nigeria Solar Plants GreenWish Partners, a Paris-based independent power producer, will invest $280 million to build solar-power plants in Nigeria that are expected to start producing electricity in the first quarter of next year. A plant in the south-eastern state of Enugu will produce 100 megawatts, while the company will build two others of 50 megawatts each in the northern Kaduna and Jigawa states, the company’s Chief Executive Officer Charlotte Aubin-Kalaidjian told Bloomberg in an interview. The project will be funded 70 per cent through debt and 30 per cent through equity and on completion will provide power to 2.5 million people, she said. “We only take risks where solar makes sense, where it is competitive and where there is political support,” Aubin-Kalaidjian said. “This

government is very committed to developing power and renewables, especially in regions where there is no gas available.” Nigeria, Africa’s most populous country of more than 180 million people, faces an 8,000-megawatt energy shortfall, having capacity to generate only about 4,000 megawatts of electricity. Most plans for new capacity focused on using natural gas from the southern petroleum region until the Power, Works and Housing Minister Babatunde Fashola’s introduced a framework to accommodate solar-power producers last year. That has resulted in a powerpurchase agreement with the Nigerian Bulk Electricity Trading Plc, the clearing house of the local electricity market, to enable GreenWish sell to the national grid. The transactions are in the local currency but denominated in dollars to hedge

against naira-value fluctuations, Aubin-Kalaidjian said. Nigeria has struggled to meet its foreign-currency needs since the price of crude, its main export, tumbled from peaks reached in mid-2014 and militant attacks in the oil-rich Niger River delta cut output. Shortages have put pressure on the naira, causing it to lose more than a third of its value in the past year. “It creates a challenge when the industry has their business linked to the naira,” Aubin-Kalaidjian said. “So it’s important to take that into account and structure properly.” Founded in 2014 with a focus on Africa, GreenWish currently has a pipeline of more than 1,000 megawatt of solar projects with industrial partners across West Africa, according to Aubin-Kalaidjian.

Broad Street, Lagos

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 17, MARCH 2017 The price of OPEC basket of thirteen crudes stood at $49.36 a barrel on Friday, compared with $49.70 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 21, 2017

T H I S D AY â&#x20AC;˘TUESDAY, MARCH 21, 2017

MARKET NEWS

Bulls Remain in Control of Market amidst Profit Taking Goddy Egene and Nosa Alekhuogie The Nigerian equities sustained its positive performance despite activities of profit takers. Having appreciated by 1.6 per cent last week, some level of profit taking was envisaged when trading resumed yesterday. Although the market closed with more price losers, the Nigerian Stock Exchange (NSE)

All-Share Index appreciated by 0.07 per cent to close at 25,671.55. A total of 22 stocks depreciated compared with 13 price losers. Mobil Oil Nigeria Plc and NAHCO Plc led the price gainers with 5.0 per cent apiece to close at N294 and N2.10 respectively. Fidson Healthcare Plc trailed with 4.4 per cent, while Guaranty Trust Bank Plc appreciated by 3.2 per cent.

Nestle Nigeria Plc and Dangote Flour Mills Plc chalked up 2.7 per cent and 2.5 per cent in that order. Other top price gainers include: N.E.M Insurance Plc(2.4 percent); Vitafoam Nigeria Plc (2.0 per cent); Transcorp Plc (1.4 per cent); and Sterling Bank Plc(1.3 per cent). Conversely, United Capital Plc led the price losersâ&#x20AC;&#x2122; chart with 5.0 per cent, trailed by Guinness Nigeria Plc and Custodian and Allied

Plc, which depreciated by 4.9 per cent respectively. Neimeth International Pharmaceuticals Plc fell by 4.9 per cent, just as Julius Berger Nigeria Plc, CWG Plc and African Prudential Registrars Plc, FCMB Group shed 4.8 per cent in each. Other top price losers were: UAC of Nigeria Plc (3.5 per cent); Fidelity Bank Plc(3.4 per cent); Dangote Sugar Refinery Plc (3.1 per cent);Portland Paints, UACN

Property Development Company Plc and Cadbury Nigeria Plc (2.6 per cent each). Sectoral performance analysis showed that all the sectors advanced apart from NSE Industrial Goods Index, falling by 0.3 per cent. The NSE Oil & Gas Index led the gainers on the back of appreciation in Mobil Oil (+5.0 per cent) and Oando Plc(+1.0 per cent). The NSE Banking Index trailed with 0.9

per cent gain following gains by GTBank(+3.2 per cent) and ETI (+1.0 per cent) offset the impact of selloffs in Zenith Bank (-0.9 per cent), Access Bank (-2.2 per cent) and United Bank for Africa (-0.6 per cent). In the same vein, the NSE Consumer Goods Index added 0.4 per cent following gains by Nestle Nigeria (+2.7 per cent) and Dangote Flour Mills Plc (+2.5%).

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 21, 2017

MARKET NEWS

French Firm, Biogaran, Acquires Swiss Pharma Nigeria Goddy Egene Biogaran, a subsidiary of Servier (the number two French pharmaceutical group) that specialises in generics, has acquired Swiss Pharma Nigeria Limited (Swipha). According to Biogaran, it is interested in developing Swipha’s portfolio, which is mainly focused on anxiolytics, tranquilizers, antimalarials and antibiotics, which treat the most common infections and health

problems in Nigeria. Speaking on the acquisition, President, Biogaran, Pascal Brière, said: “Swipha’s knowhow, network and reputation immediately convinced us that it was the right partner for us.” According to him, Biogaran has chosen Nigeria to realise its first investment in Africa because of the many long-term opportunities offered by the country, which is Africa’s most populous. “Nigeria quickly established itself as the best

A Mutual fund (Unit Trust) is an investment vehicle managed by a SEC (Securities and Exchange Commission) registered Fund Manager. Investors with similar objectives buy units of the Fund so that the Fund Manager can buy securities that willl generate their desired return. An ETF (Exchange Traded Fund) is a type of fund which owns the assets (shares of stock, bonds, oil futures, gold bars, foreign currency, etc.) and divides ownership of those assets into shares. Investors can buy these ‘shares’ on the

point of entry on the African continent, with 184 million potential consumers and strong economic fundamentals, including a dynamic market economy,” Brière said. He explained that the company intends to build on existing distributions networks and relations with clients and suppliers so as to increase the production level and make the expected sales happen by growing its presence on the Nigerian territory. “Our first aim is to help

floor of the Nigerian Stock Exchange. A REIT (Real Estate Investment Trust) is an investment vehicle that allows both small and large investors to part-own real estate ventures (eg. Offices, Houses, Hospitals) in proportion to their investments. The assets are divided into shares that are traded on the Nigerian Stock Exchange. GUIDE TO DATA: Date: All fund prices are quoted in Naira as at 17-Mar-2017, unless otherwise stated.

Swipha navigate tough market conditions and face growing competition on a very dynamic market. In the medium term we will commit what is necessary to allow Swipha to uphold and strengthen its position as a true Nigerian leader on its sector.We are also planning on sharing expertise and know-how, which is of utmost importance to reach these goals,” he said. Brière noted that the company aims to developing five to 10 products a year and become the second and

third biggest market player in the next five years, adding that Biogaran’s strategy is also a bet on Nigeria’s longer-term industrialisation. “Manufacturing locally is a real advantage compared to imports from outside. Not only is it a hedge against currency gyrations. There is also a huge opportunity in Africa for pharmaceutical companies. According to the United Nations (UN), Africa manufactures only two per cent of the drugs it consumes, so

the scope for progress is almost unlimited,” Brière said. Swipha, which is famous for the quality of its products was the first Nigerian pharmaceutical company to obtain “ISO 9001:2008” certification in 2007. Swipha was given Good Manufacturing Practice(GMP) certification by the World Health Organisation (WHO) in 2014, first among its West-African peers. The company employs 300 people locally and had a turnover of N 4 billion before the crisis.

Offer price: The price at which units of a trust or ETF are bought by investors. Bid Price: The price at which Investors redeem (sell) units of a trust or ETF. Yield/Total Return: Denotes the total return an investor would have earned on his investment. Money Market Funds report Yield while others report Year- to-date Total Return. NAV: Is value per share of the real estate assets held by a REIT on a specific date.

DAILY PRICE LIST FOR MUTUAL FUNDS, REITS and ETFS MUTUAL FUNDS / UNIT TRUSTS AFRINVEST ASSET MANAGEMENT LTD aaml@afrinvest.com Web: www.afrinvest.com; Tel: +234 1 270 1680 Fund Name Bid Price Offer Price Yield / T-Rtn Afrinvest Equity Fund 129.50 129.96 1.95% Nigeria International Debt Fund 220.68 221.36 2.52% ALTERNATIVE CAPITAL PARTNERS LTD info@acapng.com Web: www.acapng.com, Tel: +234 1 291 2406, +234 1 291 2868 Fund Name Bid Price Offer Price Yield / T-Rtn ACAP Canary Growth Fund 0.70 0.70 -0.54% AIICO CAPITAL LTD ammf@aiicocapital.com Web: www.aiicocapital.com, Tel: +234-1-2792974 Fund Name Bid Price Offer Price Yield / T-Rtn AIICO Money Market Fund 100.00 100.00 17.78% ARM INVESTMENT MANAGERS LTD enquiries@arminvestmentcenter.com Web: www.arm.com.ng; Tel: 0700 CALLARM (0700 225 5276) Fund Name Bid Price Offer Price Yield / T-Rtn ARM Aggressive Growth Fund 12.38 12.75 0.28% ARM Discovery Fund 289.85 298.59 0.93% ARM Ethical Fund 21.98 22.65 -1.61% ARM Money Market Fund 1.00 1.00 15.82% AXA MANSARD INVESTMENTS LIMITED investmentcare@axamansard.com Web: www.axamansard.com; Tel: +2341-4488482 Fund Name Bid Price Offer Price Yield / T-Rtn AXA Mansard Equity Income Fund 106.47 107.22 1.32% AXA Mansard Money Market Fund 1.00 1.00 17.28% CHAPELHILL DENHAM MANAGEMENT LTD investmentmanagement@chapelhilldenham.com Web: www.chapelhilldenham.com, Tel: +234 461 0691 Fund Name Bid Price Offer Price Yield / T-Rtn Nigeria Global Investment Fund 2.22 2.27 2.05% Paramount Equity Fund 9.41 9.65 0.53% Women's Investment Fund 86.76 88.97 2.55% CORDROS ASSET MANAGEMENT LIMITED assetmgtteam@cordros.com Web: www.cordros.com, Tel: 019036947 Fund Name Bid Price Offer Price Yield / T-Rtn Cordros Money Market Fund 100.00 100.00 18.77% FBN CAPITAL ASSET MANAGEMENT LTD invest@fbnquest.com Web: www.fbnquest.com; Tel: +234-81 0082 0082 Fund Name Bid Price Offer Price Yield / T-Rtn FBN Fixed Income Fund 1,127.08 1,128.27 3.37% FBN Heritage Fund 111.98 112.73 0.35% FBN Money Market Fund 100.00 100.00 17.16% FBN Nigeria Eurobond (USD) Fund - Institutional $107.03 $107.83 2.91% FBN Nigeria Eurobond (USD) Fund - Retail $106.76 $107.56 3.36% FBN Nigeria Smart Beta Equity Fund 113.73 115.20 0.93% FIRST CITY ASSET MANAGEMENT LTD fcamhelpdesk@fcmb.com Web: www.fcamltd.com; Tel: +234 1 462 2596 Fund Name Bid Price Offer Price Yield / T-Rtn Legacy Equity Fund 0.96 0.97 2.66% Legacy Short Maturity (NGN) Fund 2.65 2.65 3.11% FSDH ASSET MANAGEMENT LTD coralfunds@fsdhgroup.com Web: www.fsdhaml.com; Tel: 01-270 4884-5; 01-280 9740-1 Fund Name Bid Price Offer Price Yield / T-Rtn Coral Growth Fund 2,197.83 2,223.16 -0.52% Coral Income Fund 2,186.93 2,186.93 3.93% GREENWICH ASSET MANAGEMENT LIMITED assetmanagement@gtlgroup.com Web: www.gtlgroup.com ; Tel: +234 1 4619261-2 Fund Name Bid Price Offer Price Yield / T-Rtn Greenwich Plus Money Market Fund 100.00 100.00 17.27% INVESTMENT ONE FUNDS MANAGEMENT LTD enquiries@investment-one.com Web: www.investment-one.com; Tel: +234 812 992 1045,+234 1 448 8888 Fund Name Bid Price Offer Price Yield / T-Rtn Abacus Money Market Fund 1.00 1.00 16.68% Vantage Balanced Fund 1.71 1.72 1.50% Vantage Guaranteed Income Fund 1.00 1.00 15.15%

LOTUS CAPITAL LTD fincon@lotuscapitallimited.com Web: www.lotuscapitallimited.com; Tel: +234 1-291 4626 / +234 1-291 4624 Fund Name Bid Price Offer Price Yield / T-Rtn Lotus Halal Investment Fund 1.01 1.03 2.64% Lotus Halal Fixed Income Fund 1,024.74 1,024.74 2.18% MERISTEM WEALTH MANAGEMENT LTD info@meristemwealth.com Web: http://www.meristemwealth.com/funds/ ; Tel: +234 1-4488260 Fund Name Bid Price Offer Price Yield / T-Rtn Meristem Equity Market Fund 9.85 9.94 1.96% Meristem Money Market Fund 10.00 10.00 14.89% PAC ASSET MANAGEMENT LTD info@pacassetmanagement.com Web: www.pacassetmanagement.com/mutualfunds; Tel: +234 1 271 8632 Fund Name Bid Price Offer Price Yield / T-Rtn PACAM Balanced Fund 1.09 1.11 3.39% PACAM Fixed Income Fund 10.43 10.47 0.24% PACAM Money Market Fund 10.00 10.00 9.42% SCM CAPITAL LIMITED info@scmcapitalng.com Web: www.scmcapitalng.com; Tel: +234 1-280 2226,+234 1- 280 2227 Fund Name Bid Price Offer Price Yield / T-Rtn SCM Capital Frontier Fund 110.94 111.76 8.92% SFS CAPITAL NIGERIA LTD investments@sfsnigeria.com Web: www.sfsnigeria.com, Tel: +234 (01) 2801400 Fund Name Bid Price Offer Price Yield / T-Rtn SFS Fixed Income Fund 1.27 1.27 2.14% STANBIC IBTC ASSET MANAGEMENT LTD assetmanagement@stanbicibtc.com Web: www.stanbicibtcassetmanagement.com; Tel: +234 1 280 1266; 0700 MUTUALFUNDS Fund Name Bid Price Offer Price Yield / T-Rtn Stanbic IBTC Balanced Fund 1,845.17 1,855.01 0.75% Stanbic IBTC Bond Fund 154.83 154.83 0.57% Stanbic IBTC Ethical Fund 0.76 0.77 -0.65% Stanbic IBTC Guaranteed Investment Fund 192.19 192.19 2.84% Stanbic IBTC Iman Fund 128.53 130.17 -1.01% Stanbic IBTC Money Market Fund 100.00 100.00 17.49% Stanbic IBTC Nigerian Equity Fund 7,429.15 7,519.81 -2.00% UNITED CAPITAL ASSET MANAGEMENT LTD unitedcapitalplcgroup.com Web: www.unitedcapitalplcgroup.com; Tel: +234 803 306 2887 Fund Name Bid Price Offer Price Yield / T-Rtn United Capital Balanced Fund 1.15 1.16 7.80% United Capital Bond Fund 1.28 1.28 15.80% United Capital Equity Fund 0.65 0.66 0.89% United Capital Money Market Fund 1.14 1.14 11.37% ZENITH ASSETS MANAGEMENT LTD info@zenith-funds.com Web: www.zenith-funds.com; Tel: +234 1-2784219 Fund Name Bid Price Offer Price Yield / T-Rtn Zenith Equity Fund 9.90 10.08 2.85% Zenith Ethical Fund 11.12 11.22 1.86% Zenith Income Fund 17.30 17.30 4.68%

REITS

NAV Per Share

Yield / T-Rtn

11.41 125.28

1.01% 1.06%

Bid Price

Offer Price

Yield / T-Rtn

7.97 72.85

8.07 74.21

-9.17% -3.87%

Fund Name FSDH UPDC Real Estate Investment Fund SFS Skye Shelter Fund

EXCHANGE TRADED FUNDS

Fund Name Lotus Halal Equity Exchange Traded Fund Stanbic IBTC ETF 30 Fund

VETIVA FUND MANAGERS LTD Web: www.vetiva.com; Tel: +234 1 453 0697

Fund Name Vetiva Banking Exchange Traded Fund Vetiva Consumer Goods Exchange Traded Fund Vetiva Griffin 30 Exchange Traded Fund Vetiva Industrial Goods Exchange Traded Fund Vetiva S&P Nigeria Sovereign Bond Exchange Traded Fund

funds@vetiva.com Bid Price

Offer Price

Yield / T-Rtn

2.81 6.19 11.75 14.76 126.95

2.85 6.27 11.85 14.96 128.95

2.14% -11.88% -2.05% -7.41% -2.24%

The value of investments and the income from them may fall as well as rise. Past performance is a guide and not an indication of future returns. Fund prices published in this edition are also available on each fund manager’s website and FMAN’s website at www.fman.com.ng. Fund prices are supplied by the operator of the relevant fund and are published for information purposes only.

TUESDAY, MARCH 21, 2017• T H I S D AY

NEWSXTRA

Recession or Not, Nigerians Rated Sixth Happiest in Africa Despite the economic recession, Nigerians are Africa’s sixth happiest people, according to a new report released yesterday that called on nations to build social trust and equality to improve the wellbeing of their citizens. Algeria leads the rest of Africa in happiness, followed by Mauritius. Strife-torn Libya is surprisingly ranked third, ahead of Morocco. According to Associated Press (AP), even a bigger surprise is another crisis-torn nation, Somalia is Africa’s fifth happiest country ahead of Nigeria and South Africa, ranked seventh. Tunisia is eighth and Egypt ninth, while Sierra Leone is tenth. At the bottom ten are Benin, Madagascar, South Sudan, Liberia, Guinea, Togo, Rwanda, Tanzania, Burundi and the worst of them, Central African Republic. On the global stage, Norway displaced Denmark as the world’s happiest country The Nordic nations are the most content, according to the World Happiness Report 2017 produced by the Sustainable Development Solutions Network (SDSN), a global initiative launched by the United Nations in 2012. Countries in sub-Saharan Africa, along with Syria and Yemen, are the least happy of the 155 countries ranked in the fifth annual report released at the United Nations. “Happy countries are the ones that have a healthy balance of

prosperity, as conventionally measured, and social capital, meaning a high degree of trust in a society, low inequality and confidence in government,” Jeffrey Sachs, the director of the SDSN and a special advisor to the United Nations Secretary-General, said in an interview. The aim of the report, he added, is to provide another tool for governments, business and civil society to help their countries find a better way to wellbeing. Denmark, Iceland, Switzerland, Finland, Netherlands, Canada, New Zealand, Australia and Sweden rounded out the top ten countries. Germany was ranked 16, followed by the United Kingdom (19) and France (31). The United States dropped one spot to 14. Sachs said the United States is falling in the ranking due to inequality, distrust and corruption. Economic measures that the administration of President Donald Trump is trying to pursue, he added, will make things worse. “They are all aimed at increasing inequality – tax cuts at the top, throwing people off the healthcare rolls, cutting Meals on Wheels in order to raise military spending. I think everything that has been proposed goes in the wrong direction,” he explained. The rankings are based on six factors — per capita gross domestic product, healthy life expectancy, freedom, generosity, social support and absence of corruption in government or

business. “The lowest countries are typically marked by low values in all six variables,” said the report, produced with the support of the Ernesto Illy Foundation. Sachs would like nations to follow United Arab Emirates and other countries that have appointed Ministers of Happiness. “I want governments to measure this, discuss it, analyse it and understand when they have been off on the wrong direction,” he said. According to the report, “the average ladder scores for over four in five African countries are below the mid-point of the scale. And only two African countries have made significant gains in happiness over the past decade . There are also considerable inequalities in life evaluations in African countries, and this inequality in happiness has increased over the past years” . The report also shows thatAfricans are optimistic about the future, with Nigerians the leaders in this regard. “The majority of African countries rate life at present below the mid-point of the Cantril ladder scale in the latest available Gallup World Poll. “This is not the case for average future ratings. Projected ladder ratings in five years’ time are uniformly higher than present evaluations across all countries on the continent. In fact, the percentage increase in future expectations of life is often higher among some of the least contented nations.

TUESDAY, MARCH 21, 2017• T H I S D AY

NEWSXTRA

2019 Presidency: God will Decide My Fate, Says Sheriff Makarfi accuses Dickson of bias Onyebuchi Ezigbo The National Chairman of the Peoples Democratic Party (PDP), Senator Ali Modu Sheriff, has said he will leave the decision on whether to run for presidency on the party platform or not in the hands of God. Sheriff, who maintained that he was out of the race for the chairmanship of the party, however, noted that members of his National Working Committee (NWC) whose tenures are still running still have the right to re-contest for offices at the party’s convention. The position of the embattled national chairman came just as the leadership of the National Caretaker Committee led by

Senator Ahmed Makarfi has condemned the stance of the Bayelsa State Governor, Seriake Dickson reconciliation committee which it said, is one-sided and in favour of Sheriff. Sheriff, who spoke at a press conference yesterday in Abuja, noted that every position he had occupied so far in his political career, came from God, adding that it was God that made it possible for him to be leading PDP at the moment. “Every position I occupy in life, God made it possible. I am a firm believer in the will of God. The issue of the presidency is not for me to decide. I told you I will not run for the chairmanship position, the rest we leave to God,” he said.

NDDC Gives Contractors 30 Days to Return to Site Ernest Chinwo in Port Harcourt The Niger Delta Development Commission (NDDC) has given contractors handling its projects across the Niger Delta region 30 days to return to site in order to complete the projects or face prosecution. A statement issued in Port Harcourt yesterday by the Head, Corporate Affairs of NDDC, Mr. Chijioke Amu-Nnadi, said the Managing Director of the commission, Mr. Nsima Ekere, gave the directive at the weekend after an Inter-Ministerial meeting chaired by Vice President, Yemi Osinbajo in Abuja. He disclosed that Ekere said a list of such contractors was being compiled in all the nine NDDC states and that defaulters would be prosecuted. Ekere said it had become imperative to fast track the on-going audit of projects awarded in the region, in line with government directives and one of the planks of the new governing board’s 4-R Initiative, “which is to restructure the balance sheet of the commission and determine poor performing projects.” He declared: “It is important for our contractors to realise it can’t be business as usual. President Muhammadu Buhari is determined to change how government business is conducted and everyone must wake up to that reality. But beyond that is the fact that we owe the Niger Delta region and our people the duty to implement and complete these projects, in order to facilitate sustainable regional development. “This is a necessary process to ensure that things are done properly, how they ought to be done and when they ought to be done,” he added. The meeting, which was also attended by Ministers of the Federal Ministry of Petroleum Resources; Environment, Niger Delta and Information and Culture, as well as Ministers of State for Petroleum and Environment and the Presidential

Amnesty Office also reviewed the 20-Point Agenda of the Petroleum Ministry with regards to the Niger Delta, as well as the Amnesty Programme and the 16 point demand of the Pan Niger Delta Forum, he said. “It was important to consolidate the agenda with that of the Ministry of Petroleum Resources as well as the blueprint of the state governments, the amnesty office and the NDDC master plan,” the NDDC managing director said, “in order to roll them into one workable plan.” Ekere added: “We are all going to initiate quick-win projects that would give a sense of involvement to government’s approach to handling issues that would impact the people. We will organise frequent town hall meetings with all stakeholders and collaborate in building sustainable economic models for the communities of the Niger Delta.” Among other decisions, he said, were the need for the commission to work with the Ministry of Environment and NOSREA to facilitate the Niger Delta clean-up of affected areas of oil spill, working on a time frame as well as encourage IOCs to provide more power to their host communities, beyond working with PHCN and Discos. “Satellite mapping,” Ekere declared, “will be used to identify polluted areas in the Niger Delta and a comprehensive plan of action adopted to ensure regional clean up. This is important, because we must ensure that we safeguard our environment and give our people the opportunity and enabling environment to pursue our predominant traditional livelihoods. “Agriculture and aquaculture are key to facilitating sustainable development in the region, particularly as we seek alternate productive socio-economic activities beyond oil and gas. This is a future we must all work to safeguard.”

The national chairman said as soon as the party concludes its ongoing consultation, it would set up a convention committee which would fine-tune the modalities for organising the event. He stated that as part of his consultations, the leadership would be meeting with the party’s national ex-officio members from the 36 states while the plans to hold talks with lawmakers from national and state assemblies are also being made as part of political solution recommended by the Dickson committee. According to Sheriff, he had also commenced talks with the Board of Trustees (BoT) through its Chairman, Senator Walid Jubril, who promised to get back to him in order for them to schedule a formal meeting with the members. “Everywhere in our party, we are working across board; everybody is working for the party to come back to its position

as in 1999. We are for peace, but that does not mean that we are afraid of anybody; we will not be relenting, we need our party back in power and we will carry everybody along that mean well for PDP. “I assure you that PDP will not be destroyed; PDP is a creation of God and cannot be destroyed by anybody. We are on course and we will go as planned. For anybody who believes that it is not political solution, they are on their own,” Sheriff stated. Meanwhile, the National Caretaker Committee (NCC) has condemned the call by Dickson for its disbandment, describing it as improper and biased. In a statement issued yesterday by its spokesman, Dayo Adeyeye, the committee said its attention had been drawn to the position expressed by the Bayelsa State governor where he called for the resignation of the National Caretaker Committee

as a way out of the present impasse in the party. Adeyeye said the proper thing to do if Dickson wants the caretaker committee to be disbanded is to persuade and convince the 80 per cent of the members on the merits of his point of view. “Our attention has been drawn to a statement by Dickson wherein he called for the resignation of the National Caretaker Committee as a way out of the present impasse in our party. The statement coming from one of our most respected governors is to say the least shocking and embarrassing. “The National Caretaker Committee did not appoint itself. It is a creation of the national convention of the party at which Dickson as a prominent leader of the party was present. As the governor admitted in his statement, the NCC was put in place and enjoys the support of over 80 percent of members of the party,” he said

Adeyeye said the caretaker committee is merely the agent of the party which was set up by the principal organs of the party and with the support of 80 per cent of members of the party. He said that former President, Dr. Goodluck Jonathan had suggested the resignations of Sheriff and that of the NCC as a solution to the crisis in the context of finding a suitable political solution to the crisis but that while Makarfi accepted it in the interest of peace, Sheriff has bluntly refused. He said it was not proper to ask the caretaker committee to surrender the destiny of the party to Sheriff who brazenly and without any remorse destroyed our chances in the Edo and Ondo State governorship elections. Meanwhile, Adeyeye has responded to the call by Sheriff’s spokesman, Bernard Mikko, for him to desist from speaking for PDP.

MANAGEMENT RETREAT

L-R: Clerk to the National Assembly, Mohammed Sani-Omolori; Senate President, Dr. Abubakar Bukola Saraki; Governor of Kogi State, Alhaji Yahaya Bello; and representative of the Speaker of House of Representatives, Hon. Buba Jibril, during the opening session of a retreat for National Assembly management in Lokoja....yesterday

ASUU Threatens Strike over FG’s Ceaseless Salary Cuts Urges Nigerians, National Assembly to intervene

Ademola Babalola in Ibadan and Bassey Inyang in Calabar The Academic Staff Union of Universities (ASUU ) has called on the National Assembly to intervene and prevent the education sector from being plunged into another round of crisis due to what it called “unfortunate trend of decreasing salary to public universities.” The ASUU boss in Ibadan Zone, Dr. Ade Adejumo, also threatened that the academic staff at LAUTECH may be forced to resume their suspended strike action against the backdrop of events in LAUTECH where Oyo and Osun States have demonstrated astonishing lack of commitment

to the funding requirements of the institution. He said the union would not mind to resume their suspended action even in the midst of the ongoing examination. Adejumo, the Zonal Chairman, Ibadan Zone of ASUU comprising of University of Ibadan, LAUTECH, Unilorin, KWASU and UNIOSUN made the position of the body known in a release made available to news men yesterday. Adejumo noted that the ugly trend which started since December, 2015 has occasioned payment of truncated salaries to ASUU members who have rendered hundred percentage of duties in the universities. While citing the example

of the University of Ibadan, Adejumo stated that the premier university had in the last two months has received drastically reduced salaries as a result of this inexplicable trend of incomplete subvention from the Federal government. The Ibadan zone therefore called on the Senate of the Federal Republic of Nigeria to urgently intervene before the nation is thrown into another round of unnecessary crisis in the education sector adding that the state governments within the Ibadan zone must also live up to their funding responsibilities to their universities. Also, the Calabar Zone of ASUU has appealed to wellmeaning Nigerians to prevail on the federal government to

stop the reduction of their salaries and other academic entitlements or the university lecturers will confront the situation with firm and decisive measures. The union members in the zone said aside from reducing them to a terrible financial situation, some of their members have died due to what they said was “strangulating cuts in salaries.” Coordinator of the Calabar Zone, Professor Nsing Ogar, said the denial of the dues of the lecturers include, but not limited to “the incomplete payment of salaries, non-implementation of promotion, non-remittance of statutory deductions to unions, co-operative societies and creditor banks with which staff have commitments.

TUESDAY, MARCH 21, 2017• T H I S D AY

NEWSXTRA

Number of Registered Voters Now 70m, Says INEC Chairman Rules PDP, APC out of Anambra Senate rerun poll

Campaigns for governorship poll begin August 18 Onyebuchi Ezigbo in Abuja The Independent National Electoral Commission (INEC) has said the number of registered voters in the country as at yesterday was 70 million. Out of this number, the commission said 7.8 million registered voters were yet to come forward to collect their Permanent Voter Cards ((PVCs) despite efforts to distribute them. INEC also said it was working to review the country’s voters’ register before the 2019 general election. Speaking at an interactive session with the journalists yesterday, the Chairman of the INEC, Prof. Mahmood Yakubu, said from the commission’s record, a total of 70 million voters have so far been registered. He said the figures might still go up by the time the commission concludes its scheduled voter registration exercise. However, the INEC boss said: “With 70 million registered voters at the moment, and by the

time we do the Continuous Voter Register (CVR) fixed for April, the number’s will definitely go higher, our is the second largest democracy in the world,” he said. Yakubu said there were already two committees working on the issue of delimitation and creation of more Polling Units (PUs) across the country, to ensure an easy voting process. The INEC boss expressed hope that the committees would submit their reports next week for INEC consideration. He said the commission was also working on a modality that would assist it in the distribution of uncollected 7.8 million PVCs during the nationwide CVR slated for April. On monitoring of parties finance and campaign funds, Yakubu said only two political parties had so far complied with the law that required them to submit their financial details to the commission six months after an election. He listed three audit reports expected from political parties to include their annual finance

report, campaign expenditure; as well as donations received within three months of receiving such Following concerns about the continued stalemate on conduct of outstanding re-run election for the Anambra Central senatorial, the commission said that it would stand by its position not to allow either the Peoples Democratic Party (PDP) or All Progressives Congress (APC) to field a fresh candidate in the re-run election. On the outstanding re-run election for the Anambra Central senatorial seat, the INEC Chairman said the commission is maintaining its position not to allow the PDP and APC to field candidates for the election. He explained that following a legal precedence where a party whose candidate was disqualified by the court and as such both the candidate and his partywere barred

from participating in the re-run election. He further said the commission had expected to adopt the template to organise the court-ordered re-run election in Anambra but that it was dragged before the court by the two affected parties thereby putting a wedge on the process. According to Yakubu, “ Where an election is conducted but nullified by the court on the account of a candidate’s disqualification, the disqualified candidate cannot participate in the re- run election and the party of the disqualified candidate cannot sponsor another candidate for the rerun election simply because the period of nomination of candidates is over. Again, a candidate cannot be replaced because the grace period is 40 days from the last election.” He said in line with the position of the law, the time

for the nomination, withdrawal or substitution of candidates for the court-ordered election in Anambra Central senatorial district has elapsed. Yakubu noted that as it stands, APC can only participate in the rerun if its candidate, Senator Chris Ngige, decides to contest. As for PDP, he said the party has been completely knocked out of the race by the December 7, 2015 verdict of the Enugu Court of Appeal whose judgment had been duly affirmed by the Supreme Court. He said the commission had appealed to the two parties to understand its position and withdraw their cases in court so that the election can be held. “What they are saying is that they should be allowed to field fresh candidates for the senatorial election but we felt that this is not right because there cannot be separate rules for the Anambra election”

Meanwhile, INEC has said political parties and candidates for the governorship election in Anambra State are to commence their campaigns by August 18 this year. Similarly, the commission said the deadline for the conduct of governorship primaries, including the resolution of disputes would be between July 22 and September 2. While giving further update on the conduct of the governorship election in Anambra State, INEC said it has scheduled the last day of submission of names of candidates by the party will be September 18. In a statement issued by the Secretary to the commission, publication of final list of governorship candidates will be on October 19 and subsequently the election proper will take place on Sarurday, November 18.

FG Launches New Immigration Policy Targeting Terrorists, Foreign Herdsmen The federal government has unveiled a new immigration policy known as “Immigration Regulations 2017’’ to check the entry of terrorists and other trans-border criminals into the country. The Minister of Interior, Abdulrahman Dambazau, while unveiling the document yesterday in Abuja, said the document would also fast-track the ease of doing business in Nigeria. He explained that the “Immigration Regulations 2017’’ is a vital document that seeks to operationalise the Immigration Act, 2015 and provide the legal framework for the dynamic and unfolding migratory realities. Dambazau, according to the News Agency of Nigeria (NAN), said the new regulation would replace the old and outdated Immigration Act of 1963, which could not take care of modern realities such as terrorism, technology and new immigration challenges. “The objective of this new Immigration Regulations 2007 is to provide the legal framework for the effective implementation of the Immigration Act, 2015 and consolidate existing immigration regulations. “This new document therefore replaces the outdated Immigration Act of 1963,’’ he said. He explained that the new document empowers the Nigeria Immigration Service (NIS) to properly register all

foreigners, protect the borders, enhance internal security and attract foreign investors using the latest technology. Dambazau said with the policy in place, the NIS would be empowered to register and monitor the entry and movement of foreign herdsmen who come into the country. According to him, this will also go a long way in checking the herdsmen and farmers clashes. Earlier, the ComptrollerGeneral of NIS, Muhammad Babandede, said the “Immigration Regulations 2017’’ would positively change the operations of NIS in line with international best practices. “The Immigration Act, 2015 made some profound provisions such as the establishment of migration directorate, dealing with issues bordering on smuggling of migrants and so on. “I can assure you that with the Immigration Regulation 2017, NIS has been strategically positioned to combat all cases relating to transnational organised crimes,’’ he said. According to him, NIS will be working with other security agencies like the Police, and INTERPOL to check trans-border crimes, human trafficking and arms smuggling into Nigeria. The occasion was graced by diplomats, officials from the Ministry of Foreign Affairs, NIS and the International Organisation for Migration (IOM).

SUPPORTING STERLING BANK

L-R: Regional Coordinator, South-west, Nigerian Export Promotion Council (NEPC), Babatunde Faleke; Executive Director, Sterling Bank Plc, Mr. Kayode Lawal; Director-General , NEPC, Mr. Segun Awolowo; and Group Head, Agriculture Finance and Export, Sterling Bank Plc, Mrs. Bukola Awosanya, at the official opening of the NEPC ICT lab supported by Sterling Bank in Lagos...yesterday

Protesters Besiege Amnesty International’s Office, Give It 24 Hours to Leave Nigeria Adedayo Akinwale in Abuja Protesters under the umbrella of Global Peace and Rescue Initiative (GOPRI) yesterday besieged the office of Amnesty International (AI) in Abuja, where it demanded that the international rights group should vacate the country within 24 hours. Speaking during the protest, the Executive Director of the group, Melvin Ejeh, said the deliberate attempt by AI to indict the security agencies working day and night to restore peace in the North-eastern part of the country without condemning the heinous crimes committed by Boko Haram terrorists proved that the AI has ulterior motives. The group warned that if

in the next 24 hours AI does not shut down its operations in Nigeria and leave the country the group as well as other Nigerians would begin a ‘five-day occupy Amnesty International protest’ as a warning shot. Ejeh noted that well respected organisations including the National Human Rights Commission (NHRC) and the Global Amnesty Watch have condemned the recent report by AI which alleged human rights abuses by Nigerian security agencies. According to him, “let us warn at this point that there will be no interval of respite if AI fails to leave Nigeria at the end of the five days as we will activate other more

profound options to make the organisation leave Nigeria. We therefore use this opportunity to call on Nigerians to join the movement to get this evil out of our land before it plunges us into real war.” Continuing, he stated that “previous calls by concerned groups for the government to kick Al out of Nigeria for the safety of citizens have gone unheeded. Unfortunately, if this organisation is allowed to continue carrying out its atrocities here, it will destabilise Nigeria. “Unlike our leaders, most of us do not have the resources to relocate our loved ones to other lands if Al succeeds in ruining this nation. Like the victims of AI’s operation in the Middle-

East, we would be left without a country and we would not be welcomed in other nations. We will become mere footnotes in its next annual report since it stops showing interest in places it has successfully destroyed,” Ejeh added. He said though the Nigerian authorities might not be unaware of the evil machinations of this organisation it may have opted to treat it diplomatic considerations. “This in our consideration is not the right approach to dealing with this demonic entity. Its evil contaminates any country it chooses to work against. Its destructive touch leave countries in failed state,” Ejeh stressed.

TUESDAY, MARCH 21, 2017• T H I S D AY

NEWSXTRA

Mystery Surrounds Medical Doctor Who Committed Suicide Emergency workers intensify search for body

Chiemelie Ezeobi What could have made a man, a medical doctor nonetheless, who gave no prior signs of depression, to commit suicide was the question on the lips of Nigerians on Sunday. Dr. Allwell Orji, a medical doctor with the Papa Ajao branch of Mount Sinai Hospital, had last Sunday evening ordered his driver to park his a X-Trail Nissan Sports Utility Vehicle (SUV) with registration number LND476EE on the Third Mainland Bridge before jumping into the lagoon. As at press time yesterday, his body was yet to be recovered despite efforts from local divers, fishermen and patrol boats from the Lagos State Emergency Management (LASEMA), Lagos State Ferry Services and Lagos Waterways Agency. A visit to Mt. Sinai Hospital at 35 Olanibi Street, Papa Ajao, Mushin, showed activities were going on normal with the staff attending to the patients on ground. A member of staff, who refused to disclose his identity, referred THISDAY to their head office at Falolu Street, Surulere. According to him, although they have branches scattered around Lagos, they run a central administration system, which gives the headquarters the sole discretion to handle administrative issues. According to his colleagues who worked with him last Friday, he wasn’t in any way depressed. However, at the headquarters, THISDAY was first directed to a nurse, who left to call the Chief Medical Director (CMD), and came back minutes later to say the CMD wasn’t around. Given the way she was smiling, THISDAY had immediately smelt a rat and asked for another member of staff to speak with. While the back and forth talk was going on, a medical

officer decked in grey trousers and white and blue stripe shirt, walked up and interceded. On gaining audience with him, questions on the disposition of the doctor, his medical health, his state of mind on his last appearance in the hospital was asked but no answer was given. The officer who also declined to reveal his identity, parried every question with ‘no comment’, except when he was asked if the doctor was indeed sacked and he replied in the affirmative. The next port of call was Abule Ijesha, Yaba, at No. 3 Odunnuku Street, where the doctor resided with his mother. Attempts to access the green and lime two-storey building proved abortive when two family members accosted THISDAY at the gate. According to them, the doctor’s mother, a retired banker and a member of Deeper Life Bible Church, was not favourably disposed to talk to journalists. Refusing to accept the death of her son, she was said to be in her room despite the presence of her church members, who had come to console her. According to the family members, she was holding on to her faith that he was not dead, merely missing, given that he showed no signs of depression prior to the incident. A family member who spoke on condition of anonymity, said the media should give them space to deal with the issue in peace, adding that the 35-year-old doctor was not such an introvert that he would be depressed without anyone noticing. The family said the deceased was the first son of three children; two boys and a girl, adding that the father of the family is late. Speaking on account of anonymity, a family member said: “His passion was medicine. This is why his death is a mystery given that he was

University of Reading in Calabar The Country Manager, University of Reading, United Kingdom, Udo Ezocha, has stated that the forthcoming presentation for international admission placement coming up at the Transcorp Hotel, Calabar will take place at the end of the month.

Ezocha appealed to parents and students to come with their certificates as on-the-spot admission would be available as representatives of the university would be present at the event to guarantee. admission for themand their wards

Orji passionate about his field of study. “Some people might have veered into medicine because they were forced to or due to parental pressure but Allwell was passionate about his job. “Ask his patients at the hospital, they will testify to that.

He was very professional yet had a humane side that cared. That is why we are very confused as to what caused his death.” THISDAY also went to Third Mainland Bridge, the scene of the accident, and met emergency workers from LASEMA, the Lagos State Ferry Services and

Lagos Waterways Agency still on the search for his body. At the scene of the incident was the General Manager LASEMA, Mr. Adesina Tiamiyu, who said they were still searching the waterways. He said: “We have expanded our search than where it happened. We engaged local fishermen and divers. “Also, to assist are the Lagos Ferry Services and the Lagos Waterways Agency patrol boats, which were deployed to the waterways. “We have informed the residents to look out for floating bodies, and we have also contacted the family and they are still in shock.” A LASTMA official at the scene of the incident said at this point, they were no longer looking at the incident as a rescue mission rather a recovery mission. According to her, the distance from where he jumped into the lagoon was very far and since he dived in first with his head, there was every possibility that he hit his head first before his body followed. She explained that scientifically, although water bodies are porous, jumping into it at that angle and from that distance, the water would likely feel like a stone when it connects with the head. She said there was every

likelihood that he hit his head on the hard surface and he lost consciousness and sank. When THISDAY also visited the Adeniji Adele Police Division where the driver, Henry Ita, was being held, it was gathered that preliminary investigations were still on. In an interview with the Divisional Police Officer, SP Ayodele Umujose, he debunked claims that the doctor left behind a suicide note. He said: “From our preliminary interrogation of the driver, he said his boss received no prior phone call from the time they left home till when they got to the bridge. “He said their destination was the Marina, where his boss told him they were going. However, when they got to the bridge, he claimed his boss insisted that he should park the car. “Accordingtohim,hehad told his boss that the area was too dangerous to park but he insisted, claiming that he was pressed and needed to urinate. “The driver told us that immediately his boss got down, he moved to the other side of the bridge as if he wanted to urinate and then dived in.” Also contacted, Lagos State Police PublicRelationsOfficer,Olarinde Famous-Cole, said the driver was not arrested, rather he was taken in for questioning, adding that investigations were ongoing.

Fari Takes over from Obasi as IPMAN Ends Leadership Tussle Chineme Okafor in Abuja After years of internal struggles between two factions for the leadership of the Independent Petroleum Marketers Association of Nigeria (IPMAN), a new president, Sanusi Abdu Fari, yesterday emerged to lead the embattled association for the next three years. Fari, who emerged as the next president of the association in a congress that took place in Abuja, would now take over from a former factional president of the association, Chief Lawson Obasi, who for the larger part of his term in office, battled with another factional leader of the association, Chinedu Okoronkwo, for control of IPMAN. However, Obasi was said to have successfully completed

his three years in office this month, thus paving the way for a fresh congress and the emergence of Fari through the provisions of the association’s constitution. For the length of time the association was engulfed in its leadership troubles, its members who largely provide petroleum products to far-flung parts of Nigeria, could not comfortably operate. They also at a point lost business relationship with the Nigerian National Petroleum Corporation (NNPC) which refused to deal with any of the factions after several attempts to reconcile them failed. But in his inaugural speech, Fari said he would uphold the constitution of the association and the collective will of all IPMAN members. He also said his emergence as president had opened a

new chapter of unity and progress for IPMAN, adding that the periods between 2014 and 2017 was a turbulent era in the history of IPMAN. According to him: “It is the period we pray never to resurface as IPMAN moves to accomplish its objectives.” He further said: “It is my pleasure to state unequivocally with humility that the long awaited and desired peace in IPMAN has finally arrived by my emergence as the national president.” Noting that his emergence as the new IPMAN president was the desire of all peace loving marketers who believe in the 1997 constitution of the association which made provision for succession, Fari stated that the association has retraced its

steps and would now take steps to reposition itself. According to him, the constitution said that at the end of the tenure of each of the presidents, his deputy will automatically succeed him as the new president. He added that he was the former vice president under Obasi’s leadership and with the termination of Obasi’s tenure this month, he automatically emerged the new president. Similarly, in his remark, Chief Adewonyi Kolawole from the South Western Zone expressed his delight with the emergence of the new president and assured him of support from his zone while his tenure lasts. Kolawole also said IPMAN in the South Western Zone has nothing like factions because they are united.

TUESDAY, march 21, 2017 • T H I S D AY

TUESDAYSPORTS

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

I N T E R N AT I O N A L F R I E N D L I E S

Eagles London Camp Opens with 17 Players Victor Moses allowed to continue treatment for injury Duro Ikhazuagbe Ahead of Thursday’s international friendly with the Terenga’s Lions of Senegal, 17 players opened Super Eagles camp in London yesterday. Team Coordinator, Dayo Enebi, who was part of the Nigeria Football Federation (NFF) advance party, listed players in camp to include; Alex Iwobi, Wilfred Ndidi and his Leicester teammate Ahmed Musa, Carl Ikeme, Ogenyi Onazi and Isaac Success. Also in camp last night are players like, Leon Balogun, William Paul Ekong, Tyrone Ebuehi, John Ogu, Kelechi Iheanacho, and Kenneth Omeruo. Others include, Abdullahi Shehu, Chidozie Awaziem, Noah Bazee and Moses Simon. Injured Victor Moses was also at the team’s camp yesterday but has been allowed to return to Stamford Bridge to continue his treatment. NFF’s Director of Communication, Ademola Olajire confirmed to THISDAY last night that the team’s doctors have

examined Victor Moses and accepted the report of his club about his injury. “Moses has been allowed to go and continue his treatment at his club,” stressed the NFF spokesman last night. Moses picked up an injury in the Blues’ 1-0 win over Manchester United in the FA Cup a week ago and was reportedly set to miss up to three weeks of action. However, he started for Chelsea in their win over Stoke City in the Premier League on Saturday, suggesting that he will be just fine to feature for Nigeria in their friendlies against Senegal and Burkina Faso. Nigeria will face the Teranga Lions and the Burkinabe in upcoming international friendlies, both of which will be staged at the Hive Stadium in London. The only home-based player invited for the trip to London, Ikechukwu Ezenwa of FC Ifeanyi ubah was issued his British visa yesterday and is expected to join back room staff who are expected to pick their travel papers today for the trip on Wednesday.

Dalung Confirms for Akwa Ibom Youth Festival S p o r t s M i n i s t e r, Solomon Dalung, has assured the o rg a n i s e r s of the Akwa Ibom State Youth Sports Festival starting tomorrow in Uyo of his presence at the event. An aide of the Plateau Akwa Ibom State Deputy Governor, Moses Ekpo p o l i t i c i a n (right), and Paul Bassey at the Draws… yesterday confirmed yesterday that the minister is to International Stadium, one of fly into Uyo from the Kaduna the best in the world. Yesterday, the draw ceremony Airport for the opening ceremony of the festival was held amid of the youth fiesta. “You can be rest assured pomp and pageantry with that anything that has to do the Deputy Governor of the with the development of sports state, Moses Ekpo, picking especially at the grassroots level, Ikot Abasi and Uyo as the the Honourable Minister will be two local governments that there to give his full support,” will kick off the football event announced the media aide to during the opening ceremony on Wednesday. Dalung. Attended by select secondary The minister is to be received in audience by the Executive schools in the state, members Governor of the state, Udom of the state house of assembly, commissioners, permanent Emmanuel. According to the itinerary of secretaries, local government the visit released yesterday, after chieftains and top sports stars the courtesy call on the governor, including Enefiok Udo-Obong the minister will be taken round and top Nollywood star, ‘Okon sports Infrastructure in the state, Lagos’. The deputy governor was especially the Model Sports Centre at West Itam Secondary grateful to Gov Emmanuel for the initiative that was going to School. Dalung will also take another revolutionise school sports not look at the home of the Super only in the state but the country Eagles, the Godswill Akpabio at large.

Joseph Lamptey… banned for life

M AT C H M A N I P U L AT I O N

FIFA Bans Ghanaian Referee for Life FIFA has banned for life the referee who awarded a disputed penalty for South Africa against Senegal in a World Cup qualifying match. Referee Joseph Lamptey of Ghana gave a penalty for a nonexistent handball against Senegal defender Kalidou Koulibaly. Replays clearly showed the ball struck Koulibaly’s knee and then dropped to the ground. Lamptey was found guilty of breaching the rule relating to “unlawfully influencing match results,” FIFA said Monday. His assistant was cleared. “All charges against the Ghanaian match official David Lionheart Nii Lartey Laryea, whose behavior had also been the subject of investigations, were dismissed,” FIFA said. South Africa scored the penalty kick to lead 1-0 in the 42nd minute

in Polokwane last November. The home team went on to beat Senegal 2-1 and is now in second place in the four-team group after two matches. Senegal is third, with only the group winner advancing to play in Russia. FIFA declined to give more details of why its disciplinary panel imposed a life ban on the referee. “Further information concerning the South Africa vs. Senegal match in question will be provided once the decision becomes final and binding,” FIFA said. Lamptey can appeal to FIFA and then the Court of Arbitration for Sport. A final verdict at CAS would typically take about a year to be published. The 42-year-old Lamptey joined FIFA’s list of international referees in 2005 but was never selected

for a World Cup. He did officiate matches at the 2015 Africa Cup of Nations. FIFA did not say if a betting scam was the reason suspected for the referee’s decision to award the penalty to South Africa. A penalty awarded late in a scoreless first half could raise suspicion by potentially triggering bets relating to the state of the game and goals scored at halftime. “FIFA will continue with its ongoing efforts to combat match manipulation through a variety of initiatives, which include the monitoring of international betting and a confidential reporting system with a dedicated integrity hotline and e-mail address,” the world soccer body said. Last month, FIFA said it would shut down its Zurich-based betting monitoring subsidiary known as

Early Warning System. Meanwhile, FIFA has suspended Malian Football Association (FEMAFOOT) following government interference in football matters. The BBC website reports that the world football governing body has decided to act against the Malian FA. Reports indicate that the association has been sidelined until further notice over government interference in football matters. FIFA acted swiftly following a move by Mali Sports Minister, Housseïni Amion Guindo, who dissolved the executive committee of FEMAFOOT. Furthermore, Guindo has also appointed a provisional committee mandated to run FEMAFOOT and set up elections within 12 months.

CONFED CUP

Rangers, Rivers Utd’s Opponents to Emerge Today Downgraded from the elite CAF Champions League, the Nigerian duo of Rangers International FC and Rivers United will today know the teams they will be facing in the playoff for the second tier CAF Confederation Cup. The draws for the second round of 16 of the Confederation Cup will hold at the October 6 City headquarters of CAF. The draw will pit the qualified teams from the 1/16th final of the Total CAF Confederation Cup 2017 against the losers from the 1/16th

final of the Total CAF Champions League 2017 for a place at the group stage of the Total CAF Confederation Cup 2017. The first leg matches will take place on the weekend of 7-9 April 2017 and the return leg on the weekend of 14-16 April 2017. The winners will go into the group stage of the competition. Meanwhile, Nigerian born duo of Kelechi Osunwa and Dayo Ojo who ply their football career with the Sudanese side have blamed Rivers United for

the defeat in Omdurman. “Next time, they (Rivers United) should try not to relax when they have a 3-0 first leg advantage. “They must also work hard in the second leg. Those were the major lapses I noticed in the Rivers United side and they fell (in Omdurman),” Osunwa told Rivers United official website shortly after the Sunday game. He continued: “This is football where you cannot predict what can happen in 90 minutes. The coach was so upset about the first

game in Port Harcourt. (But) he also knew that we (the players) were really tired before the game.” The Nigerian star in the colours of El Merriekh had earlier blamed his defeats first leg defeat in Port Harcourt on fatigue. “We (simultaneously) play in the Arab Champions League, the CAF Champions League plus the domestic league and Cup. “We were so tired during that first leg in Port Harcourt and that fatigue was the reason why we lost the game.”

T H I S D AY TUESDAY MARCH 21, 2017

Tuesday March 21, 2017

UT H

& RE A S O

Price: N250

MISSILE Senate to Buhari

“In the light of the foregoing, Magu has failed the integrity test and will eventually constitute a liability to the anti-corruption drive of the present administration.” The Senate rejecting President Muhammadu Buhari’s nominee and acting Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu for allegedly failing its ‘integrity’ test to be confirmed as the commission’s substantive chairman.

TUESDAY WITH REUBENABATI abati1990@gmail.com

Travelling Dangerously in Nigeria

fortnight ago, I was in Ondo state to attend an event; that was the day the heavens chose to open up. The rainy season seems to have started early this year, and whenever it rains, even mother earth opens up to drink water from the skies, the heat wave of the dry season abates, a certain balance is restored to the environment, man, animal and nature are re-united in a silent cosmic communion. It didn’t just rain on this particular day. It rained cats and dogs. On the first leg of the journey, I had travelled to Akure through the Ibadan-Ilesha route and I felt this was a particularly stressful road. By the time we got to Ikeji-Arakeji, my stomach was tied in knots. I was so distressed I felt I needed sleeping tablets to survive the rest of the journey. My limbs ached after more than five hours of a journey that had become a trial and error experiment on crazily damaged roads. I resolved that I would not take that route back. I also sympathized with my friends from that part of the country who have to endure so much punishment to travel from Lagos or wherever to their homes in the Northern part of Yorubaland. Navigating one bump after another, jumping from one pothole into another and having to manage all the dangers that lie in wait on the long road to one’s destination is absolute nightmare. The Ife-Ilesha bypass, which used to be so smooth has become really bad, it has fallen into shameful disrepair, a signpost of poor maintenance and the poor quality of road construction, with the contractors, gaining more than the people in the long run. I decided that the return journey would be through Ondo, Ore all the way to Ijebu Ode and further down. A straight line, we are all told, is a shorter distance between two points. I also felt we could save time having arrived at our destination, rather late. So, on the return leg of the journey we headed towards Ondo. And the rainfall began. It was so heavy it rained all the way from that axis down to Ibadan and Ore, and many houses in Ibadan, I later learnt, lost their aged, brownish, zinc roofs to the accompanying storm and turbulence. If you have ever travelled between Akure and Ore, you’d recall many parts of the road that are so bushy, the trees and shrubs cantilever onto the road. In places, trees even cast a shadow upon the road on both sides, evoking images and feelings of rustic naturalness. On this day, nature was no longer an aesthetic luxury, but a hindrance and a threat. As the rains fell and the storms raged, many trees were uprooted and they fell across the road. The rainfall had disturbed visibility and slowed down our movement and as time passed, I became restless. I didn’t want us to travel at night, but we were already on our way back and it looked like nature was going to delay us. We eventually had to stop. Very heavy traffic had built up ahead and for a while, we kept wondering what the situation was all about. In the midst of that rainfall, some people stepped out of their vehicles and started walking ahead to find out the cause of the gridlock. They soon returned one by one, in

Minister of Power, Works and Housing Babatunde Fashola twos and threes, and as they did, some of them went to the boot of their vehicles and brought out machetes: shining, well-sharpened, glistening machetes. In a matter of minutes, more machetes had surfaced, with young, able men, wielding the machetes and moving forward in the direction of the source of the gridlock. Three trees had fallen across the road, with the branches turning the entire road into a wall. About twenty minutes later, the men with the machetes began to return to their vehicles, soaked wet from head to toe, but looking excited and pleased. They had taken care of the nuisance of the fallen trees. With their machetes, they reduced the trees to moveable parts, severed the branches and created enough space for traffic to flow again. My driver was happy. He engaged some of the machete-wielding men in paced conversation and they assured him they had taken care of the problem. I watched as they returned their machetes to whence they took them from. Gradually, the traffic began to flow again. It continued to rain. We got to Ondo, and moved towards the Ondo-Ore road, about two hours of travel time. We had done less than an hour when again we ran into another traffic gridlock. Again, trees had fallen across the road and blocked movement. I wondered aloud if we would ever get home. “Oga, e ma worry. People will sort it out.” “Are you sure?” “Don’t worry.” And just as had happened previously, drivers started opening up parts of their vehicles and brought out machetes. The bus driver directly in front of us walked briskly to the boot of the vehicle and pulled out about six machetes, which he gave out to some volunteers, and together they marched, along with other machete-wielding folks, towards the front as if they were going to war. I didn’t find it funny. I complained. “Egunje, the way these people are bringing out machetes, this road is very dangerous. Look at how people are brandishing machetes.” “E jo sir, e ma fi iyen sile. Leave that matter,

Oga. If these people don’t carry machetes, we would still be stranded between Akure and Ondo. Which government is going to help anybody cut any tree in this forest? But with those machetes, we’d soon be free.” “But a machete is a dangerous weapon.” “But they have not used it to cut anybody’s flesh. They are using it to make the road motorable. May we not see something bad. What if somebody travels on this road at night and runs into a fallen tree on the road? People have learnt to protect themselves.” “The police should not allow people to carry machetes.” “It’s like you don’t know what is going on sir. People carry guns. They carry other things. Ilu le. Country hard.” “So, all those checkpoints. The policemen don’t look out for dangerous weapons.” “Police. Which police? Nigeria police? Well, if they had checked and seized all these machetes, we would probably end up sleeping in this jungle.” “There are very serious security implications,” I said. “There is nothing. When people travel on Nigerian roads regularly, they are prepared for anything, especially these motorists. They know all the dangers that lie ahead and they are tired of expecting government to perform any miracle.” While we chatted, the volunteers again sorted out the problem. Four young men returning to their vehicles at the back, scratched the road with their machetes, and attempted a mock dance as they raised the machetes above their heads and crossed them mid-air. The traffic moved. Our journey continued. I was uncomfortable still with the number of machetes on the road. We had two more such delays before we got to a village close to Ore, and at each point, the same story, but certainly not the same vehicles or motorists, but as it were, it was as if every vehicle or motorist was armed with machetes, to be called to service at the moment of need. I felt this was wrong. The least that either the state government or the Federal government, even the affected local governments can do is to clear any thick bush along this particular road, create necessary setbacks, make the shoulders of the road less of a hindrance, and trim or remove all trees cantilevering onto the road. The road between Akure and Ore is old, broken, dilapidated, narrow, and even as the rainy season begins, nature poses an even more serious threat. As we got closer to the next village, we encountered a few speed breakers, and the driver slowed down to cross them. As he did, first, second, we suddenly heard a loud crashing sound from behind. The driver and I were pushed forcefully towards the windscreen, but the seat belts pulled us back, the books I had kept on the back seat flew in all directions, the vehicle itself was propelled forward. Another vehicle, running at high speed, and ignoring the speed bumps had crashed into our vehicle. The accident didn’t make any sense whatsoever. It wasn’t yet dark, so the other motorist

could not have claimed he didn’t see the speed breakers. But it was as if something stood between that other vehicle and ours to reduce the impact. The vehicle lost its entire front, from the radiator, close to the windscreen. Water dripped from its radiator, broken vehicle parts and glass shards littered the floor. Seeing the extent of the damage, I pitied the motorist. He was travelling with his son and they both made a show of apologizing and pretending to be sober by patting our vehicle and the damaged bumper as if they were caressing a woman. We picked whatever pieces we could match together. I didn’t utter a word, even as Tony Tetuila’s “You don hit my car…” played in my head. But other motorists on both sides of the road who came along did not spare the man at all. “What is this now, Mr Man? Were you sleeping?” “Is this man drunk? How can you run into any vehicle with all these speed bumps here?” “Stupid man!” “Ki le le yi. You must make sure he repairs your car for you.” The man kept pacing up and down. I said nothing, as my driver started giving the man an ad-hoc driving lesson. I thought it was pointless. Many Nigerians driving on our roads never bothered to learn how to drive. It is in fact a thing of pride for someone to tell you: “Nobody taught me how to drive. I never went to any driving school. I just took a car one day and I started driving it.” Ask the same person if he has a driver’s licence, he will produce a valid one! There is also the large population of those who drink and drive and nobody arrests them, those who have no regard for speed limits or traffic regulations and the utterly impossible ones who refuse to maintain their vehicles. I looked up; something crossed my mind. A friend once told me that armed robbers and kidnappers on Nigerian roads use all kinds of tricks to stop you and carry out their evil plan. They could deliberately run into your vehicle from behind, knowing you’d come out of the vehicle. They could throw an egg targeting your windscreen and as the yolk spills onto your windscreen, you may lose visibility if you try to clean it off, or an object with nails can be placed on the road, to burst your tyres… I looked at the man and his son… they didn’t look like kidnappers and armed robbers. But how do kidnappers and armed robbers look? What if they had machetes in their boot? I kept my eyes on the man. As each passing motorist hurled expletives at him, I watched. Then someone suddenly called out my name from the other side of the road. I saw the man who had hit our vehicle now moving towards the back of his car… The image of people fetching machetes from their boots flashed through my mind. I quickly jumped into the car and asked Egunje to move. We got home very late. As we parked the car, the entire exhaust pipe suddenly dropped onto the floor. The driver screamed and held his head with both hands.

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