Tuesday 4th April 2017 by THISDAY Newspapers Ltd

CBN Pumps Fresh $240m into FX Market, To Fund BDCs Weekly Obinna Chima The Central Bank of Nigeria (CBN) yesterday injected an additional $240 million into the foreign exchange (FX) market. A breakdown of the

intervention by the central bank showed that $90 million was sold directly to banks to meet the requests for retail invisibles while $150 million was also offered to authorised FX dealers through the interbank

wholesale auction window. CBN spokesman, Mr. Isaac Okorafor confirmed the figures, disclosing that the CBN also adjusted its earlier pronouncement that Bureau de Change (BDC) operators would get dollars twice a

week to Tuesdays only. He explained that the adjustment was to reduce logistical difficulties. According to Okorafor, henceforth, the CBN would sell $10,000 only to low-end forex dealers once a week.

Furthermore, he explained that in a bid to further ease the access of customers to FX, the CBN also directed all banks to pay cash over the counter to desiring customers. While urging the banks to

oblige the genuine requests of customers, the spokesman advised customers to report any uncooperative bank to the CBN through the available platforms. Continued on page 8

Tanker Drivers Call Oﬀ Strike as FG Approves Upward Review of Bridging Cost… Page 11 Tuesday 4 April, 2017 Vol 22. No 8020. Price: N250

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Saraki: No Row With Executive, Senate Ministerial Conﬁrmation to Go Ahead Says Ndume’s recall beyond him PDP Senate caucus affirms THISDAY’s story, meets again today Olawale Olaleye in Lagos and Omololu Ogunmade in Abuja Senate President Bukola Saraki and the Speaker of the House of Representatives, Hon. Yakubu Dogara, yesterday dismissed the widespread perception that the Senate was at loggerheads with the

executive, insisting that the National Assembly’s relationship with the executive remained cordial. Against this background, Saraki said the screening and confirmation of two ministerial nominees whose names were sent to the Continued on page 8

FG Seeks Arrest Warrant Against Adoke over Malabu Oil Deal Judge declines request for now Alex Enumah in Abuja The federal government has approached a Federal High Court sitting in Abuja seeking guidance on whether to issue an arrest warrant against the immediate past Attorney

General of the Federation and Minister of Justice, Mohammed Bello Adoke (SAN) over his alleged complicity in the $1.1 billion Malabu Oil and Gas transaction. Continued on page 8

FG Warns ISIS Using Money to Recruit Nigerians… Page 12

EVERGREEN EBENEZER OBEY… STILL WAXING STRONG AT 75…

L-R: Ogun State Governor, Senator Ibikunle Amosun; wife of Lagos State Governor, Mrs. Bolanle Ambode; celebrant, evangelist and popular Nigerian juju musician, Ebenezer Obey-Fabiyi, at the church service held to celebrate his 75th birthday, in Abeokuta, Ogun State… yesterday kola olasupo

T H I S D AY TUESDAY APRIL 4, 2017

T H I S D AY TUESDAY APRIL 4 2017

T H I S D AY TUESDAY APRIL 4, 2017

T H I S D AY TUESDAY APRIL 4 2017

T H I S D AY TUESDAY APRIL 4, 2017

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TUESDAY, ͼ˜ ͺ͸͹͵ ˾ T H I S D AY

PAGE EIGHT CBN PUMPS FRESH $240M INTO FX MARKET, TO FUND BDCS WEEKLY The CBN in the last six weeks has intervened almost twice or thrice weekly in the interbank FX market in its bid to sustain supply of the greenback to different categories of users. In addition, the CBN spokesman expressed optimism that the $150 million offered to authorised FX dealers in the interbank wholesale window to meet the requests of wholesale customers would be fully subscribed at the auction, as was the case at the last auction on March 28. Despite the recent interventions, the naira slumped further to N396 to the dollar on the parallel market yesterday, from N394 on Friday. Commenting on the CBN’s action in recent weeks, Renaissance Capital (RenCap) Limited said in a report yesterday that the

convergence of the interbank and parallel rates could be a precursor to the devaluation of the naira to between N350-N390/$1. The financial advisory and research firm said that the CBN’s fixation with a stable FX rate implied that it would need to sustain its injections to contain the parallel market premium. “We estimate FX reserves will begin to fall when the CBN’s quarterly injections exceed $3.7 billion. Nigeria’s oil receipts – the country’s biggest source of FX, by far – will be a key determinant of how much the CBN can inject into the market while keeping FX reserves flat. “In our balance of payments (BoP) scenario analysis, we make a few assumptions, the most material being that of crude oil production. “We assume that Vice-

President Yemi Osinbajo’s overtures to Niger Delta stakeholders in recent months have helped stabilise oil production at about 1.9 million barrels per day. “Based on that assumption and our commodities team’s oil price projection of $55/ bl for 2017, we estimate the CBN can inject $3.7 billion per quarter (from 2Q17 to 4Q17), on average, and concurrently keep FX reserves stable at $30 billion. An injection greater than $3.7 billion would result in reserves falling. “At what point do the FX injections for imports result in FX reserves falling? The oil price retreat in recent weeks implies there is a risk the oil price could end up lower than our average $55/bl projection. “If we assume production is fixed at 1.9mbpd, we find that FX injections would trigger a fall in FX reserves

when the oil price drops below $45/bl. “When we do the converse, and assume that the oil price averages $55/bl, FX reserves begin to fall when production drops below 1.6mbd,” RenCap added. According to the report, foreign loans would also give the CBN’s FX injection policy “some legs”, noting that proceeds from the Eurobond issues and potential World Bank and African Development Bank loans of between $1-1.4 billion would also support the CBN’s FX policy. “However, this may be countered by net errors and omissions (E&O). The risk to our analysis is our zero net E&O assumption. “History shows that when Nigeria’s current account (CA) is in surplus (deficit), net E&O tend to be negative (surplus). We are forecasting

a small CA surplus for 2017, which means we may be overstating how much FX the CBN can inject, while keeping reserves flat. “This highlights the risk of this policy and underscores the need for the central bank to move away from a stable FX policy, not least to prevent a resumption in the fall in reserves. “The sustainability of the central bank’s FX injection policy is largely dependent on oil export receipts, especially given that net financial inflows, which include FDI and portfolio investments, are low and are unlikely to pick up significantly in the absence of a move to a market-determined FX rate which is our expectation. “In 2015, net FDI and portfolio investments were equivalent to only five per cent of total export revenue. “This implies that the

oil price and production assumptions in our BoP model are important, because they will have a material impact on our FX injection estimates. “In rationing FX, the central bank has controlled the amount of FX that Nigerian residents and businesses can use to import goods and services and repatriate income. “We believe the central bank’s FX demand management policy largely explains the restoration of a CA surplus in 2016, of 0.7 per cent of Gross Domestic Product (GDP), by our estimates. “It also, in part, explains the central bank’s ability to have built up over $6 billion in FX reserves since November, to $30.3 billion (30-day Moving Average) on 23 March,” RenCap said in the report.

perspective, but viewed as the catalyst for growth and development. According to him, disagreements should be welcomed and not viewed as a problem. “You might look at it as a crisis but I don’t look at it as a crisis. You know I have always said that as a government, our values will be the problems we have solved. “We cannot be remembered for avoiding issues, we cannot be remembered for running away from problems, it is only when we provide solutions to some of the things that you refer to as crisis and we look at it as opportunities to begin new things that people will now remember us for putting down enduring legacies. “But when we run away from everything that appears to be trouble, we will not make it,” Dogara stated. In a related development, the Senate caucus of the Peoples Democratic Party (PDP) is set to meet today in affirmation of THISDAY’s exclusive report on Sunday, which spilled the beans on the collusion between a former governor of Lagos State and one of the leaders of the All Progressives Congress (APC), Chief Bola Tinubu, and the leadership of the EFCC to destroy the Senate. The opposition senators who were disappointed over the attempt by The Nation newspaper, one of the media organisations owned by Tinubu, to undo the incontrovertible facts in the THISDAY report, said it was about time that the public gets to know some of the undercurrents in the present power tussle. In addition to today’s agenda, the caucus has also resolved to sanction any member that dissociates him or herself from the THISDAY report, adding that there was nothing in the report that was incorrect. Senate Minority Whip, Philip Aduda, who hinted at the development, said the caucus was irked by the tone of the report by The Nation newspaper, which attempted to discredit the story by describing it as sheer fabrication by THISDAY. Senate sources also informed THISDAY that some of the PDP caucus members who attended

the meeting, from which the report on Sunday emanated, were unhappy about the alternative facts that were churned out by The Nation newspaper and were determined to set the records straight. They said it was mischievous and most uncharitable for the national daily to insinuate that the report was a subtle attempt to deflect attention from the alleged diversion of the Paris Club refunds. Another senator, who also spoke to THISDAY but preferred to remain anonymous until after today’s meeting, said: “We are not unaware of what is happening and we stand by the Senate. This is not about any individual but the institution of the Senate that must be preserved from the inordinate attempt to hijack it.” THISDAY had reported that Tinubu and EFCC were working together to demystify the Senate and demonise its leadership. The report also indicated that the former governor had resolved to open media attacks against senators, using among others, two national media outfits believed to be owned by Tinubu. Although the PDP Senate caucus said it was not perturbed by the plan to destabilise the Senate, the meeting held penultimate weekend was aimed at discussing the implication of the plot and the appropriate strategy to address it. A source further revealed that Tinubu’s influence over the EFCC derives from the Oba of Lagos, Rilwan Akiolu, under whom Magu served as aide de camp (ADC) when Akiolu was an Assistant Inspector General (AIG) of Police. Akiolu is a very close ally of Tinubu and owes his ascendancy to the revered Lagos throne to the former governor of the state. There has been no love lost between the Senate and Magu since the former refused to confirm him as the substantive chairman of the EFCC over a damning report from the Department of State Services (DSS). Ever since, the EFCC boss has been accused by the Senate of leaking a series stories targeted at denigrating some senators and undermining the institution of the Senate.

SARAKI: NO ROW WITH EXECUTIVE, SENATE MINISTERIAL CONFIRMATION TO GO AHEAD Senate last week by President Muhammadu Buhari would go ahead. He said the Senate’s rejection of some presidential nominees and the decision to stand down the screening and confirmation of the Residential Electoral Commissioner-nominees for the Independent National Electoral Commission (INEC), were not enough to conclude that there was a quarrel between the two arms of government. He also advised Nigerians against judging the relationship between both arms of government on the basis of the rejection of the acting Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ibrahim Magu and some nominees for the Niger Delta Development Commission (NDDC). The Senate President also said such rejections were bound to happen in a democracy and reminded the public about other executive matters such as the 2017 budget, Petroleum Industry Bill (PIB) and amendments to the Electoral Act which he said were given due attention by the Senate. Insisting that the relationship between the two arms was cordial, Saraki said the president, for instance, was excited about

the passage of Electoral Act (Amendment) Bill. “It is cordial. You cannot examine the relationship based on the NDDC matter, based on the EFCC matter. We have other issues. We have the confirmation of ministerial nominees that we are going to be working on. “We have the budget that is more important. We have INEC, PIB matters. We have so many important things and I think it is a mixture of all that, that should guide us. Don’t let us overheat some of these things. “As I said, this is a routine meeting. There are many things that are important but there are other things that are even more important to do such as the budget. “We talked also about the INEC Bill that we have passed. I took the president through some of the areas, very important areas because you know the president over many years is someone that has gone through so many elections. “So that was something he was really excited about. Some of the new amendments like electronic voting, the electronic process for collation of results, those are landmark achievements that we hope that very soon, the House will concur with and we will all come here for the

president to assent,” he said. Also speaking on the suspension of the confirmation process for the REC-nominees, Saraki said consultations were ongoing over the matter, even as he described the decision by the executive to set up a committee to iron out the differences between the two arms as a welcome development. He said: “It is one of these other issues. It will happen but I don’t think it’s a major issue, but we are still moving ahead and still consulting.” Saraki also explained that the Senate was working on the 2017 budget, pointing out that he briefed the president on the current state of the budget process in the parliament. “We are working on the budget; just to let the president know how far we have gone with it. We are on course as you noted last week. We did ask all the sub-committees to submit their reports to the Appropriation Committee. “All that has been done now. It is now collation and review that are ongoing. Then hopefully it will be passed very soon,” he added. When asked if the Senate would reverse last week’s suspension of its former majority leader, Senator Ali Ndume,

after the delegation led by the governor of Borno State, Kassim Shetima to plead with him, Saraki said he lacked the unilateral powers to reverse a decision collectively taken by the Senate. “We should try and understand how the parliament works. I wish I had such powers. These powers you give me, I wish I had them. The (Senate) President or Speaker is just the first among equals. They are just presiding officers. “But unfortunately, you know the legislative arm is the youngest organ of government. So people don’t understand; people give us these powers that we don’t have. “Decisions that are taken in plenary are decisions of all, but I have a role to be able to convey the message. I will convey the message of the visit of the governor of Borno State and the Senate is the one that will decide. “We are all one family. There will be issues like that. There is nothing that is sacrosanct or rigid,” he stated. Earlier, Dogara, who met with the president, told journalists that a disagreement in a given system was normal. According to him, disagreements should not be viewed from a negative

FG SEEKS ARREST WARRANT AGAINST ADOKE OVER MALABU OIL DEAL At the resumed hearing yesterday, counsel to the federal government, Johnson Ojogbane told the court that

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the FG was experiencing some difficulties serving Adoke since he was outside the jurisdiction of the court. “I would like to request for a warrant of arrest against the first defendant. I will appreciate if My Lord will guide me because I actually wanted to make an application for a warrant of arrest. “I also want the court to guide me on whether I can do that orally or come by way of a motion. “The Economic and Financial Crimes Commission (EFCC) has the power to arrest anybody anywhere but when the person is not within the jurisdiction of the court (outside the country), it becomes difficult,” Ojogbane said. The counsel added that if the order seeking to arrest Adoke was granted, it would make

it easier for the EFCC to liaise with the International Police (InterPol) to initiate extradition. Responding, the trial judge, Justice John Tsoho told the federal government to file a proper application before the court, explaining that such applications are not done orally. He said if Adoke had already been arraigned before the court and was attempting to escape, it would have been proper to issue a warrant for his arrest. “Once a person has been arraigned before a court and is attempting to escape, then it becomes necessary to issue a warrant of arrest; but in this case, Adoke has not been arraigned before this court. The matter is still at the investigative stage, so such an order is not necessary,” Justice Tsoho held and adjourned till

June 13 for arraignment. Last December, the EFCC had charged nine suspects, including Adoke, over the sale of Oil Prospecting Licence (OPL) 245, originally held by Malabu Oil and Gas Limited, to Shell and Agip. Adoke was accused of illegally transferring more than $800m purportedly from the proceeds of the sale of the oil block to a former Minister of Petroleum Resources, Chief Dan Etete and Malabu Oil. The federal government had also on March 2, 2017, filed fresh charges against Shell and Agip over their alleged complicity in the transaction. Others charged alongside the two oil giants and Adoke were Etete; Aliyu Abubakar, Agip’s Italian parent company, ENI SPA; officials of Shell and Agip; and Malabu Oil and Gas.

˾ TUESDAY, APRIL 4, 2017

STARTERS

How Africans Shaped India’s History Behind the high walls of a lost fortress in

what is today’s south Delhi blossomed the love story of Delhi’s first woman ruler and her Abyssinian general. Historians are divided if it was love or just a strong bonding, but popular literature has forever paired Razia Sultan with Jamal-ud-din Yaqut. Yet it was this love or bonding that doomed both. The powerful Turkic nobles in Razia’s court loathed the meteoric rise of Yakut from being a slave to becoming Amir ul Umara (premier noble). We don’t know if he was hated for the colour of his skin, but the Turks did pejoratively referred to him as the “habshi” (someone from Al Habsh or Abyssinia, the modern-day Ethiopia) and considered him inferior to them. That bias has continued in Indian society and manifested itself in racial attacks in our times. But now, an exhibition aims to rediscover the role of Africans in India and bust centuries-old myths. The exhibition is aptly called ‘Africans in India: A Rediscovery’. It’s been put together by the Schomburg Center of the New York Public Library and has been on at the IGNCA. It retraces the extraordinary achievements of Africans in India since the 1300s. Considering the recent spate of racial attacks on Africans in the capital, this exhibition seems very well-timed; but more than that, it offers a rare glimpse into the multi-ethnic and multi-cultural Indian society that drew as a magnet people from across the globe, slaves and scholars alike. “It’s a mere co-incidence that our exhibition has started off at a time when the media is abuzz with stories of racial attacks on Africans in Delhi. But we do hope because of it, people will understand that Indians and Africans have co-existed since time immemorial,” said Dipali Khanna, member secretary of IGNCA. One of the many exhibits is a Mughal painting depicting a group of people sharing a light moment. Two of them are Africans. This painting hints at a more open-minded Indian society in the mediaeval period. “It amazes us to this day how Indian society was so remarkably open in the past. It didn’t distinguish between whites and blacks. “The idea behind our exhibition was to showcase this multi-coloured picture of India and the contribution the Africans made towards completing it. We chose the title because the Indian masses today do not know much about the Afro-Indian community. Through these stories people would know that Africans did not come to India yesterday and will get an insight into the rich history of the Afro-Indians,” said Dr Sylviane A Diouf, one of the curators of the exhibition. The journey of Africans to India was itself fascinating: captured by Arab slave traders, they were packed into hell ships that came to India via the Indian Ocean and its surrounding seas. They were bought by kings, princes, rich merchants and aristocrats and were

NEWS Seven Energy Initiates Legal

Proceedings against NPDC over OMLs 4, 38, 41 Seven Energy Finance Limited with its parent company, Seven Energy International Limited, has announced that it has taken legal steps to protect its rights under the SAA… Page 10

EDITORIAL Senate Of COntrOverSy

In the last few weeks, the Senate has been at the front burner of public discourse with some social critics prescribing its scrapping as the upper legislative chamber of the federal legislature.That is an extreme view of a matter that requires sober reflection… Page 15

POLITICS PDP’s Turbulent Road to

Reconciliation The report of the Seriake Dickson led-Reconciliation Committee, though not perfect, provides an opportunity for the waring factions of the Peoples Democratic Party to come together and rebuild their party… Page 16

FEATURES Teaching the Power of Money Nizam African troops walk beside him in a parade referred to as habshis or sides. But not all remained slaves. Some like Yakut did make their own destiny. But while Yakut’s was perhaps a story that didn’t end too well, others set examples worth emulating. Take Malik Kafur for instance. This transgender slave was bought by Sultan Alauddin Khilji’s general Nusrat Khan for a thousand dinars. Kafur caught the fancy of the sultan and rose through the ranks, becoming his deputy and entering the history books as Nawab Hazar Dinari. In his last days, an enfeebled Khilji was at the mercy of Kafur who effectively ruled Delhi and also played kingmaker after the sultan’s death. Elsewhere in the Deccan, Africans were making an impact on the political landscape. The splinter states of the Bahmani kingdom resisted the expansion of the Mughal Empire to the south. One of the architects of this resistance was Malik Ambar, the prime minister and general of Ahmadnagar state who was an African. Ambar is believed to be the father of guerrilla warfare in India since he used his Maratha cavalry to harass the Mughals with great effect. This had enraged Emperor Jahangir so much that he never missed an opportunity to heap his vitriol on Ambar. The exhibition has a painting showing Jahangir firing arrows at the severed head of Ambar—an unfulfilled dream of the emperor realised only on canvas.

The Bijapur state had a clique of habshi nobles led by Ikhlas Khan, a powerful general. The fact that he got the title “Khan” (reserved only for people of high birth at that time) itself speaks volumes for the glass ceiling he and others of his ilk broke. Some Africans also managed to set up independent kingdoms, like the Siddis of Janjira. The Siddis commanded Mughal navies and were respected by both Marathas and the European powers. The Janjira state and its successor state of Sachin survived until Independence. “India has been a long time meritocracy. Whatever your background, you could move up the ranks. Nowhere else in the world have Africans been able to rule outside Africa except India,” said Dr Kenneth X Robins, the other curator. Despite so many stories, so many layers and sub-layers of African contribution to India, Indians don’t seem to know much about it. “Well, even DU students of African studies said they didn’t know so much about the African contribution until they came here. So you can imagine how much the common man knows. What we Indians basically need to do is revisit the past. The past will open our eyes to our present and future, and maybe we will find our famed tolerance and open-mindedness that we left behind somewhere back in time,” said an IGNCA official. r $VMMFE GSPN UIF 5JNFT PG *OEJB

Tears of Joy for Jennifer Hudson as Nigerian Mentee Wins The Voice UK Competition A Nigerian has emerged winner of the 2017 edition of British television talent show, The Voice UK, which was created by John de Mol, based on the concept of The Voice of Holland and began airing on BBC One on 24 March 2012.

Two-Minute Brieﬁng

After months of amazing performances, battle rounds and public votes, Mo Adeniran saw off competition from both Into The Ark and Jamie Miller to be crowned this year’s winner of The Voice UK during

Sunday night’s live final. Thrown off guard as the result was announced, Mo looked on in shock whilst his mentor, Jennifer Hudson, immediately burst into tears of happiness.

Students from across Lagos State were at the Nigerian Stock Exchange in March to commemorate Global Money Week. Solomon Elusoji, who was there, reports Page 18

BUSINESS Electricity Supply Drops by

800MW in One Week After a recent relative improvement in power generation, the country has lost about 800,000 megawatts of electricity in the last one week following chronic liquidity challenges, transmission constraints and gas shortages… Page 21

NEWSXTRA Fayemi Plotting to Upstage

Me via Judicial Coup, Fayose Cries out Ayodele Fayose has accused his predecessor and the Minister of Mines and Steel Development, Dr. Kayode Fayemi, of plotting to stage a comeback as the governor of the state via judicial coup. Page 43

INTERNATIONAL Blast on Russian Subway Kills 10, Injures 50; Second Bomb Found An explosion ripped through a subway train in the Russian city of St. Petersburg on Monday, killing at least 10 people and injuring 50 others… Page 39

SPORTS Ambode Receives Queen’s

Baton,Tasks Team Nigeria to Excel in Gold Coast Lagos State Governor, Akinwunmi Ambode, has tasked the country’s sports administrators to use the Queen’s Baton relay trip to Nigeria to kick-start preparations… Page 38

TUESDAY, APRIL 4, 2017Ëž T H I S D AY

NEWS

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

Seven Energy Initiates Legal Proceedings against NPDC over OMLs 4, 38, 41 Ejiofor Alike Seven Energy Finance Limited with its parent company, Seven Energy International Limited, has announced that it has taken legal steps to protect its rights under the Strategic Alliance Agreement (SAA) between its wholly owned subsidiary, Seven Exploration and Production

Limited and Nigerian Petroleum Development Company Limited (NPDC) on Oil Mining Leases (OMLs) 4, 38 and 41 being operated by Seplat Petroleum Development Company Plc. Seven Energy had announced that it had received notice from NPDC of its intention to terminate the SAA. But the Chief Executive Officer

Court Vacates Order on Ozekhomeâ&#x20AC;&#x2122;s GTB Account Davidson Iriekpen The Federal High Court in Lagos yesterday lifted the order barring a constitutional lawyer, Chief Mike Ozekhome (SAN), from accessing his Guaranty Trust Bank (GTBank) account into which he received N75million legal fee from the Ekiti State Governor, Ayodele Fayose. The Economic and Financial Crimes Commission (EFCC) had on February 7, 2017, obtained an interim order stopping Ozekhome from dissipating the N75million on the grounds that it formed part of proceeds of alleged criminal activities by Fayose. The EFCC claimed that the N75million which Fayose paid to Ozekhome was part of the N2.26billion arms procurement funds which a former National Security Adviser (NSA), Col. Sambo Dasuki (rtd), allegedly looted. The anti-graft agency claimed to have traced N1.22billion out of the N2.26billion, which Dasuki allegedly looted to Fayose. On that basis, Justice Abdulaziz Anka had on February 7 frozen Ozekhomeâ&#x20AC;&#x2122;s account for 120 days. Displeased, however, Ozekhome approached the court, urging it to vacate the interim order. Ozekhome had in his application contended that the action of the EFCC was unconstitutional, had no legal justification and was a gross violation of sections 36, 37 and 41 of the 1999 Constitution. The senior advocate argued that Fayoseâ&#x20AC;&#x2122;s account had long be unfrozen Â by the court and that the governor had withdrawn money from his account. He wondered why his own should be sealed. In a ruling yesterday, Justice Anka granted Ozekhomeâ&#x20AC;&#x2122;s prayer and dismissed the counter-affidavit filed by the EFCC. The judge said though it was not in doubt that the N75million came from Fayose, Ozekhome could not be held liable because there was no restriction on Fayoseâ&#x20AC;&#x2122;s account as of the time the N75million was paid to his law firm.Â Justice Anka noted that the freezing order earlier obtained by the EFCC in respect of Fayoseâ&#x20AC;&#x2122;s accounts had been lifted by Justice Taiwo Taiwo of the Federal High Court in Ado Ekiti.Â He said he would not allow himself to be lured into sitting as an appellate judge over the

counter-decisions of Justice Mohammed Idris who earlier froze Fayoseâ&#x20AC;&#x2122;s accounts Â and Justice Taiwo who later unfroze the accounts. Justice Anka held: â&#x20AC;&#x153;There is no argument whatsoever as to the source of the funds as rightly argued by the learned counsel for the EFCC, Mr. Rotimi Oyedepo, but the question is: can the respondent/applicant be liable for any infraction as of the time he received the amount in his account?Â â&#x20AC;&#x153;His evidence was not controverted that the same proceeds were unencumbered as of the time they were transferred into the account of Mike Ozekhome Chambers as rightly argued by Chief Mike Ozekhome. â&#x20AC;&#x153;The Federal High Court sitting in Ado Ekiti, Coram Taiwo J, ordered that the unfreezing of the said account belonging to Governor Ayodele Fayose. â&#x20AC;&#x153;Considering the order above quoted and the depositions, I do not understand why the applicant/respondentâ&#x20AC;&#x2122;s counsel, Oyedepo, would still argue and stand his grounds that the same account has not be unfrozen by the Federal High Court sitting in Ekiti State. â&#x20AC;&#x153;In both the order and the depositions, the account with number 1000312625, was evidently and manifestly unfrozen, such an argument, therefore, by Oyedepo cannot hold water.â&#x20AC;? In the final analysis, the judge said he found sufficient grounds to reject the EFCCâ&#x20AC;&#x2122;s counter-affidavit, including the fact that Ozekhome had already dissipated the N75million which the EFCC sought to stop him from touching.Â He added: â&#x20AC;&#x153;From the circumstances and facts as outlined above, my decision is based on the following considerations: considering the fact that the source of the fund of the respondent/ applicant is derivable from an unencumbered account; considering also the fact that such account has also been unfrozen via the order of the Federal High Court sitting in Ado Ekiti; considering also that the amount has been dissipated; put into consideration also was the fact that the funds are monies paid for the services rendered by the respondent/applicant in prosecuting various actions before various courts. I find it very doubtful if the objection of the EFCC can be lawfully sustained.â&#x20AC;?

of Seven International Limited, Mr. Phillip Ihenacho and the Chief Finance Officer; Chris Thomas, said in a statement posted on the companyâ&#x20AC;&#x2122;s website that the company â&#x20AC;&#x153;has since taken legal steps to protect its rights, including under the SAA, by applying for injunctive relief in the Nigerian courts and arbitration in accordance with the dispute resolution process under the SAA.â&#x20AC;? â&#x20AC;&#x153;Notwithstanding the pendency of the legal proceedings, Seven Energy and NPDC continue to engage in good faith to resolve the dispute amicably,â&#x20AC;? the statement added. Seven Energy had argued that there are no grounds under which the SAA can be

terminated, particularly in light of the prolonged force majeure closure of the Forcados oil export terminal, and had threatened to take necessary steps, including legal actions, to defend and enforce its position and to preserve its contractual rights under and in respect of the SAA. Article 24.1 of the SAA stipulates that NPDC shall be entitled to terminate the agreement if any of the following events occur: (a) Seven Energyâ&#x20AC;&#x2122;s subsidiary â&#x20AC;&#x153;defaults in the performance of its material obligations set forth in Article 4.1 (a)â&#x20AC;?; (b) Seven Energyâ&#x20AC;&#x2122;s subsidiary â&#x20AC;&#x153;defaults in the performance of its obligations as set forth in 4.1 (b) of the Agreement.â&#x20AC;?;

(c) Seven Energyâ&#x20AC;&#x2122;s subsidiary â&#x20AC;&#x153;assigns its rights and interests under the agreement, without a prior written notice and prior written consent of NPDC.â&#x20AC;? (d) Seven Energyâ&#x20AC;&#x2122;s subsidiary company â&#x20AC;&#x153;is adjudged insolvent, bankrupt or to have made restitution to its creditors by a court in Nigeriaâ&#x20AC;?; (e) Seven Energyâ&#x20AC;&#x2122;s subsidiary company â&#x20AC;&#x153;liquidates or terminates its corporate existenceâ&#x20AC;? â&#x20AC;&#x153;There is a breach of the subsidiaryâ&#x20AC;&#x2122;s parent agreementâ&#x20AC;?; (g) â&#x20AC;&#x153;It is established and confirmed that Seven Energyâ&#x20AC;&#x2122;s subsidiary company and Seplat Petroleum are affiliates.â&#x20AC;? The SAA signed in October 2010 was the result of a threeyear dialogue Seven Energy

claimed to have had with NNPC and the Ministry of Petroleum Resources that began in 2008. The agreement was based on the companyâ&#x20AC;&#x2122;s credentials in gas development. The three leases contain significant quantities of gas and are close to the Escravos-Lagos pipeline. Under the terms of the Strategic Alliance Agreement, Seven Energy is required to fund all of NPDCâ&#x20AC;&#x2122;s 55 per cent cash call obligations for the Seplat/NPDC joint venture on OMLs 4, 38 and 41. The companyâ&#x20AC;&#x2122;s crude oil lifting entitlement is calculated after accounting for Royalty and Petroleum Profits Tax (PPT).

FOR A MORE PROFESSIONAL CIVIL SERVICE

L-R: Chairman, Africa Initiative for Governance (AIG), Mr. Aigboje Aig-Imoukhuede, exchanging certificates of agreement with the Head of Service of the Federation, Mrs. Winifred Oyo-Ita, after signing a memorandum of understanding (MoU) for civil service transformation between Office of the Head of Service of the Federation and AIG in Abuja....yesterday

Onnoghen Promises to Address Infrastructure Needs of Lower Courts Alex Enumah Ă&#x201C;Ă&#x2DC; Ă&#x152;Ă&#x;Ă&#x201D;Ă&#x2039; The Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, yesterday promised to address issues of infrastructure and welfare hampering the smooth dispensation of justice at the lower courts across the country. Onnoghen told staff of the lower courts that the leadership of the judiciary was not ignorant of their plights and that efforts were been made to turn things around as well as sustain the peoples confidence in the judiciary. The CJN, who was represented by a Justice of the Supreme Court (JSC), Olu Ariwoola, spoke yesterday at a national workshop for judges, directors and inspectors of Area, Sharia and Customary Courts at the National Judicial Institute

(NJI), complex in Abuja. He, said:, â&#x20AC;&#x153;We cannot behave like the proverbial ostrich and hide away from the fact that there are major issues plaguing the lower courts. â&#x20AC;&#x153;I am aware that these courts have poor infrastructure and can be very uncomfortable to sit in for long period of time. Bathroom facilities are nonexistent, stationary and basic office equipment are also not available and welfare is generally considered inadequate. He, however, admonished judicial officers to work against negative perceptions as it would be a great disservice to the judicial arm of government if any court user, based on experience, gains negative perceptions. While speaking on some of the lapses peculiar with the lower courts the CJN however

urged the judicial officers to be punctual, dedicated, hardworking and just. Onnoghen said the theme of the workshop:, â&#x20AC;&#x153;Enhancing Administration of Justice in the Area, Sharia/Customary Courtsâ&#x20AC;? is appropriate taking into consideration the issues at hand, especially where access to justice begins largely in the lower courts. He admitted that people feel more comfortable bringing their disputes and grievances before the Area, Sharia and Customary Courts to be adjudicated upon which he said is a testament to their belief in these courts, being closer to them. â&#x20AC;&#x153;You are usually the first point of contact the public has with courts. This negative perceptions can only be redressed when we act according to the dictates

of the law, ethics and our conscienceâ&#x20AC;?, he said. He explained that while people expect these courts to hear their cases fairly, speedily and dispense justice without fear, favour, affection or ill-will, court users would constantly expect higher service and effectiveness therefore past solutions and performances cannot be relied upon to meet challenges. The CJN added that concerted efforts had been made to put in place new laws, practices and strategies to surmount challenges clogging wheels of administration of justice in the country, adding that the courts must adapt to the growing complexity and number of cases by adopting information technology solutions and a strong reading culture.

TUESDAY, APRIL 4, 2017Ëž T H I S D AY

NEWS

$1.1bn Required for Meningitis Vaccines as Deaths Rise to 328

Senate Câ&#x20AC;&#x2122;ttee blames low awareness campaign for spread Saraki assures of support to contain outbreak

Damilola Oyedele Ă&#x201C;Ă&#x2DC; Ă&#x152;Ă&#x;Ă&#x201D;Ă&#x2039;Ëż The sum of $1.1 billion is currently required for the vaccination of 22 million persons in the five states affected by the outbreak of the Type C cerebro-

spinal meningitis disease where 328 lives have been claimed by the disease. The five states are Zamfara, Sokoto, Kebbi, Katsina and Niger, while 16 other states have recorded at least one case each

FG Re-arraigns El-Zakzakyâ&#x20AC;&#x2122;s CSO, Abbas, Two Others on Amended Charges Alex Enumah Ă&#x201C;Ă&#x2DC; Ă&#x152;Ă&#x;Ă&#x201D;Ă&#x2039; The federal government yesterday re-arraigned Haruna Abbas, the Chief Security Officer to the leader of the Islamic Movement of Nigeria (IMN), Ibrahim ElZakzaky, and two others before Justice Anwuli Chikere of the Federal High Court in Abuja on an amended eight-count charge. Abbas, Ibrahim Musa and Adam Suleiman were earlier arraigned by the federal government before Justice Adeniyi Ademola on a seven-count charge bordering on terrorism, which they were alleged to have committed between 2009 and 2013. The trio were said to have agreed to send people for terrorist training in Iran contrary to Section 4, of the Terrorist Prevention Act 2013.Â They were also alleged to have conspired among themselves to do an act preparatory to an act of terrorism, by obtaining Nigeriaâ&#x20AC;&#x2122;s International passport and Iranian Visa to travel to Iran for terrorist training.Â

When the matter came up for hearing yesterday, the prosecuting counsel, Â Chike Nnenna, told the court that the matter was starting afresh as the charge was dated November 5, 2014. She urged the court to accept the charge and allow same be read to the defendants. They, however, pleaded not guilty to the charges. Following their not-guilty plea, prosecuting counsel made an oral application that Ibrahim Musa (the 2nd defendant) who is still in DSS custody be remanded in Kuje prison. Counsel to Abbas, Aliyu Musa, informed the court that he wished to make an oral application on the health of the defendant. Justice Chikere, however, refused the oral application made by Musa and told him to file a motion which would be heard on the next adjourn date. Justice Chikere then adjourned till May 11 for further hearing and ordered that the defendants be remanded in prison custody.

of the disease. The acting Director General of the NPHCDA, Dr. Emmanuel Odu, said these yesterday while briefing the Senate Committee on Primary Healthcare and Communicable Diseases on efforts being made to contain the outbreak, where he added that each vaccine costs between $30 and $50.Â He added that the vaccine is expensive and scarce. This is as the committee noted that the widespread outbreak might have been averted if relevant agencies had commenced campaigns to raise awareness on preventive measures when it first started in December 2016. Also briefing the committee, the Chief Executive Officer (CEO)/National Coordinator of the NCDC, Dr. Chikwe Ihekweazu, said the Type C strain of the disease is new to West Africa, hence the seeming unpreparedness to tackle it.

The vaccination would commence on Wednesday, following the procurement of the vaccines from the World Health Organisation (WHO), he said, adding that the vaccine was only procured two weeks ago as the criterion for application is that the country must be experiencing an outbreak.Â He added that the centre, working in collaboration with the state governments, Ministry of Health, and the National Primary Healthcare Commission, has adopted a motion three-pronged line of action for prevention, early detection and pushing hard to ensure the vaccines are available. Ihekweazu added that while available treatments work when the disease is detected early, most victims arrive at the hospital late for various reasons. The centre has however enlisted community and traditional rulers to help persuade their people to go to the hospital immediately they feel ill.

He further harped on the need for the procurement of adequate vaccines to immunise Nigerians ahead of 2018 heat season. While the centre has sent support teams to Zamfara and other affected states for rapid response, alongside the establishment of treatment centres, not much has been done with the 16 states that are not fully affected, he admitted. The 16 states would however be part of the centreâ&#x20AC;&#x2122;s response approach, Ihekweazu said. The centre is however hampered by inadequate funding and limited manpower, he explained. The Committee Chairman, Senator Mao Ohuabunwa (Abia North), lamented that awareness remains low across the country. Senator Boroffice Ajayi (Ondo North) also blamed lack of sensitisation campaigns for the widespread outbreak. â&#x20AC;&#x153;Since it showed up in the second week of December, the

alert to the public is not good enough, particularly as it is known that affected people come late to hospital. This may be because many people do not know how it presents,â&#x20AC;? he said. Meanwhile, Senate President, Dr. Bukola Saraki, has promised that the Senate would provide the necessary support to the Ministry of Health, in the bid to contain and end the outbreak. However, the FCT Health and Human Secretariat yesterday said the eight suspected cases of Cerebrospinal Meningtis (CSM) reported in the territory were other ailments but not the outbreak that has affected 16 states and 90 local government areas nation wide.Â The Acting Secretary of FCT Health and Human Secretariat, Mrs. Odey Achu, said yesterday that they were yet to confirm if the six deaths in the territory were as a result of meningitis.

Tanker Drivers Call off Strike as FG Approves Upward Review of Bridging Cost as representatives of the Petroleum Equalisation Fund (PEF).Â The NNPC in a series of tweets The Petroleum Tankers Drivers from its Twitter handle @NNPC (PTD) section of the National Group however disclosed that the Union of Petroleum and Natural strike was called off by Achese Gas Workers (NUPENG) has after Baruâ&#x20AC;&#x2122;s intervention. The development was also called off their decision to go on a nationwide strike which confirmed to THISDAY by the was supposed to start yesterday.Â Group General Manager, Public The union had after their Affairs of the NNPC, Mr. Ndu Central Executive Council (CEC) Ughamadu.Â Similarly, Baru disclosed to the meeting in Lagos last Friday, announced their decision to go meeting that the Minister of State on strike on grounds of unresolved for Petroleum Resources, Dr. Ibe industry issues such as poor Kachikwu, has approved the road networks, poor welfare, increase of bridging cost allowance and insecurity of their members.Â from N6.20k to N7.20k.Â He noted that this gesture by Â But a meeting which was called by the Group Managing the government should spur the Director of the Nigerian National unions to call off their planned Petroleum Corporation (NNPC), strike and engage in productive Dr. Maikanti Baru, yesterday discussions. In their communique announcing appeared to have resulted in the union calling off their strike.Â the planned strike, NUPENG said: The meeting was â&#x20AC;&#x153;The CWC-in-Session considers reportedly attended byÂ the inhumane, the refusal of the President of the National National Association of Transport Association of Road Transport Owners (NARTO) to commence Owners (NARTO),Â Kasim negotiation with the union for the Bataiya,Â Â National ChairmanÂ of renewal of the expired Collective PTD,Â Saliman Oladiti,Â Chairman Bargaining Agreement (CBA) on House Committee on Petroleum the working conditions of our Downstream,Â Hon. Joseph Tanker Driver members in the Akinlaja,Â and President of PTD branch, after several appeals NUPENG, Igwe Achese, as well and even an ultimatum.â&#x20AC;? Chineme Okafor Ă&#x201C;Ă&#x2DC; Ă&#x152;Ă&#x;Ă&#x201D;Ă&#x2039;Ëż

YOU ARE DOING A GREAT JOB

L-R: Minister of Science and Technology, Dr. Ogbonnya Onu; National Chairman, All Progressives Congress (APC), Chief John OdigieOyegun; Minister of Defence, Brig-Gen Mansur Mohammed Dan-Ali (rtd), Director, Finance and Accounts, Federal Institute of Industrial Research (FIIRO), Oshodi, Mr. Joshua Okeowo; and Director General, FIIRO, Dr. Gloria Ezemo, during the 2017 Technology and Innovation Expo in Abuja ....yesterday

Head of Service, AIG Sign MoU on Civil Service Transformation

The Office of the Head of the Civil Service of the Federation (OHCSF) and Africa Initiative for Governance (AIG) yesterday Â signed a Memorandum of Understanding (MoU) formalising a historic privatepublic partnership aimed at transforming the Nigerian civil service. OHCSF, under the leadership of Mrs. Winifred Oyo-Ita, Head of the Civil Service of the Federation, developed a 2017-2019 strategic plan aimed at improving the current state of the service across a number of critical areas including culture and capacity building, technology, entrepreneurship, and welfare administration. The strategy was formally unveiled by the Vice President, Prof. Yemi Osinbajo (SAN)

in February 2017. Under the AIG-OHCSF Partnership, AIG will provide critical support to OHCSF in the advancement of the implementation of its strategy through the provision and deployment of essential high-calibre skill and knowhow towards the project, as well as funding. â&#x20AC;&#x153;The OHCSF 2017-2019 Strategic Plan aims to create an efficient, productive, incorruptible and citizencentered (EPIC) civil service, and thereby, immensely improve the performance of the service,â&#x20AC;? said Oyo-Ita. â&#x20AC;&#x153;I am elated by this historic event that has happened here today with the signing of an MoU between the OHCSF and AIG pertaining to reforms in the Federal Civil Service of Nigeria.Â This is a momentous

milestone in the decades of the existence of the Federal Civil Service of Nigeria. There has never been a partnership of this kind from within the shores of our great country, Nigeria, to render both technical and financial support of this quantum towards the implementation of the strategy of the OHCSF. It is indeed a new vista and change has begun in the Nigerian federal civil service.â&#x20AC;? In her remarks, on the support of Mr. President she said: â&#x20AC;&#x153;I want to use this opportunity to appreciate sincerely, President Also commenting on the partnership, the founder and Chairman of AIG Mr. Aigboje Aig-Imoukhuede, said: â&#x20AC;&#x153;The vision of AIG is to be a catalyst for public sector transformation across Africa,

connecting proven private sector innovation, leadership and funding to an amenable public sector in partnerships that seek to attract, inspire and support future leaders of Africaâ&#x20AC;&#x2122;s public sector. We greatly commend the efforts of the Presidency and the OHCSF towards impactful public sector reforms and are enthused by our shared conviction that such reforms are vital to the sustained growth and development of any economy or nation. AIG is pleased to pioneer and harness private sector support to the government in this area. â&#x20AC;&#x153;Collaboration between AIG and OHCSF also extends to enabling deserving public servants to access world-class training in order to enhance competency and performance,â&#x20AC;? he said.

TUESDAY, APRIL 4, 2017˾ T H I S D AY

NEWS

Uncertainty Looms over APC’s National Convention We’re yet to change April date, says party

Onyebuchi Ezigbo ÓØ ÌßÔË˿ There are indications that the national convention of the ruling All Progressives Congress (APC) scheduled for April 29 may not hold as planned. A top member of the party who confided in THISDAY on the issue, said yesterday that the leadership of party is having difficulties convening the national convention. But when contacted, the party’s National Publicity Secretary, Mallam Bolaji Abdullahi, said he was not aware of any plan to stop the convention from holding as scheduled. He told THISDAY on telephone yesterday that the National Working Committee (NWC) has not yet met on the issue and that he believes there is still time to get the processes going. “The NWC discussed it at its last meeting last week and it was unanimously agreed that the convention will still hold as planned. If there is anything to the contrary. I definitely don’t know,” he said. As part of preparations for the convention, the leadership of the APC had said it would embark

on wide ranging consultations with leaders and stakeholders on some of the contentious issues. But THISDAY gathered yesterday that the party might not have achieved the measure of success expected from the consultations, hence the delay in going ahead with plans for the national convention. However, the ad hoc committee on constitutional review is yet to concluded its assignment. THISDAY gathered from reliable sources at the party’s headquarters in Abuja that the constitution review committee headed by the National Legal Adviser, Muiz Banire, has discontinued their assignment. It was learnt that part of the reasons that the review committee’s assignment was stalled is because some of the key stakeholders are not comfortable with the amendments being planned. For instance, the source said many top leaders of the party are apprehensive over the intentions of the NWC to push for more disciplinary powers as well as plans to scrap the Board of Trustees (BoT). There are also indications that APC governors and the

National Chairman, Chief John Odigie-Oyegun, are not on the same page over the schedule for the convention. One of the governors was reported to have told Oyegun to his face that he and his NWC “cannot fix convention date for 97-member National Executive Committee (NEC).” Another reason for the collapse of plans for the convention is the paucity of funds which the party has been experiencing in recent times. The party’s leadership recently

took a step to implement an initiative on how to raise funds internally from levies and voluntary contributions by party men, but that move has not yielded much result. Following criticisms over the inability of the party to hold national convention almost two years after it ascended to power in 2015, as stipulated in its constitution, the leadership issued a statement promising that it would now take place not later than April this year. In that vein, the party’s NWC

had set up an ad hoc committee to review the APC constitution and to recommend relevant amendments which would be presented for ratification at the mid-term convention. The party also said it would hold state congresses before the convention nominates delegates to fill vacancies that occurred principally from political appointments, deaths and resignations. Also, the party is yet to set in motion the processes that would lead to the organising of state

congresses as stipulated in its constitution. Oyegun had said during an interactive session with governors elected on the APC’s platform that the national convention “will not be an elective convention.” Also in a statement issued by the APC National Publicity Secretary, Abdullahi, the party explained that the convention would be used to fill vacancies that occurred principally from political appointments, deaths and resignations.

FG Warns ISIS Using Money to Recruit Nigerians Olawale Ajimotokan ÓØ ÌßÔË The federal government has raised the alarm that the Islamic State of Iraq and Syria has resorted to financial inducements to recruit vulnerable Nigerians, particularly foreign students into the international terrorist network. The Minister of Information and Culture, Lai Mohammed, yesterday made the warning through a statement, urging parents and guardians to always monitor the activities of their children and wards so that they would not be lured with money into the terrorist organisation

currently engaged in a fierce battle with Iraq and international coalition for the control of Mosul. Mohammed cited the recent recruitment into ISIS of 27 medical students of the University of Medical Sciences and Technology (UMST) in Sudan as an example of the new ploy by the organisation to recruit more members. According to the minister, a report received by the Nigerian intelligence community, established that 22 of the 27 students who travelled to Syria to join ISIS, are Britons. ‘’According to the report, the

students were recruited by one Mohammed Fakhri Al-khabbas, a former UMST student from Middlesborough, in the United Kingdom. Many of the students are children of reputable doctors in the UK. Their social media accounts also revealed them as praising jihadists and championing ISIS’ cause,’’ he said. Subsequently, Mohammed appealed to schools across the country to be wary of the ISIS recruitment strategy by enlightening their students. He also asked parents whose children are studying in

foreign schools to begin to pay more attention to their activities. The first time government raised the red flag about the attempt of ISIS to influence Nigerian youth was last year, when it warned of the existence of a newly-launched mobile application developed by the group solely for extremist ideology to gullible children. Mohammed said ISIS designed the mobile application tagged: ‘Huroof’ (Arabic alphabet or letter ) to teach children the Arabic alphabets with the aid of guns, military tanks and cannons.

T H I S D AY TUESDAY APRIL 4 2017

T H I S D AY TTUESDAY, APRIL 4, 2017

COMMENT

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

ABATTOIRS AND WASTE DISPOSAL SYSTEM

Lagos State is deploying modern technology to tackle the problem of environmental sanitation in abattoirs, writes Olokodana Idris

aste generation in Nigerian slaughter houses poses a serious threat to the environment because of poor handling practices and its adverse environmental effects. In a typical Nigerian abattoir, the surrounding land is often marshy due to improper channeling of wastewater arising from the dressing of slaughtered animals and washings. Pollution also occurs when solid wastes such as bones, pieces of flesh and dung are left unattended in open spaces. When precipitation takes place, these wastes leave the land in a polluted state while part of it get washed into nearby streams. Most Nigerian abattoirs are situated close to surface water bodies in order to have access to water supply needed for slaughtered animal processing and to provide a sink for the run-off from meat processing activities. Transporting meat from abattoirs in passenger’s vehicles and motorcycles is another common practice in most part of the country and this exposes meat to disease vectors such as flies and dust. Inspection of animals by relevant agents in most abattoirs to ascertain the health of these animals is rarely done and even when healthy animals are taken to such abattoirs for slaughter, they end up being contaminated. Undoubtedly, the unhygienic condition of abattoirs across the country remains precarious. Despite the fact that government has made several attempts to curb the activities of butchers in the country but the scale of illegal abattoirs continue to skyrocket. Yet maintenance of public hygiene is a primary duty of any government, be it federal, state, or local. According to Ghandi, ‘proper sanitation is better than independence’. Adequate sanitation together with good hygiene and safe water, are fundamental to good health and to social and economic development of any society. Cheerfully, Lagos State is making remarkable efforts towards ensuring a healthy and hygienic abattoir condition. The special status of Lagos as the commercial nerve centre of Nigeria and indeed West Africa with a population of about 24 million people equates to a significant demand for food consumption specifically in the area of wholesome meat production. Over the years, the state has upgraded abattoirs to suit its mega city status. Some of the upgraded abattoirs include Matori abattoir, Achakpo, Ikorodu, Ibile Ilaje and a host of others under rehabilitation process. At present, Lagos State government has embarked on the rehabilitation of Oko Oba abattoir in Agege which involves construction of transit camp, a housing facility comprising of 100 units of self-contained rooms to accommodate cattle merchants on transit and construction of head, hide and stripe processing facility to curb

MAINTENANCE OF PUBLIC HYGIENE IS A PRIMARY DUTY OF ANY GOVERNMENT, BE IT FEDERAL, STATE, OR LOCAL.

unhygienic processing of meat products. Also included in the facility is a general cleaning service established to be responsible for the general and day to day removal of all kinds of waste generated in the abattoir complex. Similarly, Lagos State has introduced a unique biogas method of waste disposal. The biogas method is effective in disposing waste through technological advancement of generating energy at the same time. Bio gas is the only source of fuel that can supply both electricity and cooking need. Biogas can power electric generating plants as well as cooking devices. The waste generated is also a form of refined organic fertiliser. Biogas can eliminate the use of fuel wood by the rural farmers. Above all, biogas is cheaper than all forms of conventional energy and it improves agricultural productivity and sustains the environment. Lagos State government has also commenced training for butchers with the aim of exposing them to international standard of operation in the industry towards improving the hygiene status of all the government approved abattoirs and slaughter slabs in the state and ensure wholesomeness in the meat that is locally consumed. Currently, the state government and other stakeholders are putting heads together to fully harness the Eko Large Ruminant Animal Project to enhance the integration of cognate sub project such as feed milling operation. This is aimed at ensuring timely availability of quality compounded animal feeds in the desired quantity, animal slaughtering and processing, and the distribution and marketing of processed beef. On the whole, it is heartwarming to note that Lagos State is deploying modern technology to tackle the problem of poor environmental sanitation in the abattoirs. And this is the way to go by it for a mega city with large population of people with multiethnic and multi-religion background, who are all desperate to earn a living. A 2008 report estimates that Lagos generates about 9,000 metric tonnes of waste daily. A recent report has, however, puts the waste generated daily in the state at 10,000 metric tonnes, almost three times higher than what Ghana generates daily. If Lagos is to achieve the vision of the current administration to achieve a safe and secure mega city that would be an investor’s delight, all available means must be deployed to ensure that the metropolis does not become a breeding ground for all manner of environmental risks. Olokodana wrote from Lagos

BETWEEN WASTE MANAGEMENT REFORM AND LOCAL DISEMPOWERMENT Sunday Alade contends that the replacement of local waste operators with foreigners in the collection of domestic waste in Lagos is unfair

or nearly a year the Lagos State Government has talked about initiating reforms to transform the state’s waste management for the better. Until the recent furore over the issue between the government and the private waste operators, who have managed waste collection and disposal in the state in the last 18 years, members of the public had hoped for the best from the Akinwunmi Ambode Government, considering the novelty he has brought to governance since he assumed office in the last 22 months. Except for the now absolute disruption as it would appear to water supply to residents, the governor has worked with zeal, registering his mark on every aspects of life in the state. There was, therefore, absolute confidence among the people that the waste management reform would not only be a novel but would more than meet expectations. Then the hullabaloo broke, the PSP waste operators accused the government of planning to scheme them out of the business and hand it over to some foreigners in the name of foreign investors in disregard of their existing huge investments, over 25, 000 direct and indirect employees and long years of experience on the job. The government did not deny the charge but instead hit back at the about 350 operators across the state, accusing them of inefficiency, lacking the funds to acquire the needed equipment to enhance their operations, of operating with rickety compactors, non-provision of bins, transfer loading stations, and other supporting infrastructure. It insisted on effectively tackling waste management and producing a cleaner environment through its planned new measure, the “Cleaner Lagos Initiative,” which it said would see it invest over N85 billion in domestic waste management in the next five years, review the activities of the Lagos Waste Management Authority (LAWMA), the PSP operators, other aspects of the waste disposal processes and collections and eliminate the

dumpsites to strengthen waste management in the state. As the two sides traded words, the people watched in awe, particularly as the government at a time like this insisted on shoving aside the local private operators for the foreigners, notwithstanding the investments they have ploughed into it in the last 18 years and their over 25, 000 employees and dependents. An unwavering Ambode government did not only set a target date of July 2017 to commence the new waste management initiative, it made the State House of Assembly members to cut short their recess to reconvene and consider for passage the new environmental protection management law. Apart from the fact that the government’s reasons for wanting to replace the local operators with the ‘foreign investors’ in the juicy residential waste collection and disposal did not stick as the operators had convincingly shown that it was not their responsibility to provide and place bins, transfer loading stations, and other supporting infrastructure but that of the government. The mere mention of the move to give the job of the operators to foreigners was ludicrous to the ear. As the bill is passed and signed into law for the government’s new initiative to go into effect from next July, the conspiracy of the governor with the state lawmakers to go ahead with the replacement of the local waste operators with foreigners in the collection of domestic waste is incomprehensible. How can we in this age be talking of disempowering our people or killing our local businesses in the name of foreign investment as Governor Ambode is trying to do in this case? The same support the government has stoutly denied the local waste operators it is now in no measure giving the foreign operators. LAWMA’s outpost offices in parts of Lagos suburbs are being renovated for handover to the foreigners. The government under the new environmental protection

management law enacted solely to accommodate the foreigners has now provided for enforcement of payment of waste bills and sanctions against non-payment, which the local operators have these past years clamoured for but were not heard. To ensure that the waste charge addressed as public utilities levy in the new environmental law are paid promptly, the Ambode administration has provided thus in the law it has continued to make inaccessible until such a time the obnoxious provisions will not attract any resentment anymore: “…The person liable to pay the public utilities levy shall within 30 calendar days after the date of delivery of the public utilities levy notice pay that amount at one of the designated banks specified in the ‘Demand Notices’. Where a person, who has received a public utilities bill notice fails to pay the amount within the period specified in the notice, the amount payable shall be increased by 10 per cent of the bill charged.” It continues: “…If an order of the environmental health officer or an authorised person for the abatement of a nuisance by the occupier or owner (of a premises) is not complied with because the occupier or owner cannot be found or because the occupier or owner is imprisoned, the health officer may apply to the court for an order to have the nuisance abated and all costs and expenses incurred in connection therewith shall be paid to the ministry or Local Government as the case may be by the occupier or owner and may be recovered as a debt. “If the owner or occupier can be found or if the expenses are not paid within three months after the completion of the abatement of such nuisance, the court, after pasting notice of sale on the property, may order the premises upon which the work shall have been done or any part of it or any movable property found on it, belonging to such occupier or owner to be sold at market rate to defray the said cost and expenses.” The local operators never enjoyed this sort

of backing. The same Ambode administration is working on removing the yellow buses from Lagos as it considers them unfit for its roads but it is not just throwing out the owners and the drivers into the streets as you have with the local waste operators, it is talking of empowering the National Union of Road Transport Workers (NURTW) and other related unions with 5000 brand new buses on lease to own basis. Why is this same rule not applicable in the case of the local waste operators? Only recently the governor was quoted as saying, “Although we made significant gains, much to the credit of previous administrations and the private sector participants, the positive impact these efforts have had over the years on the Lagos landscape is undeniable.” This is a testimony by the governor that the local private waste operators had truly made their impact on waste collection and disposal in the state and only need sincere encouragement and support to get entrenched in the business. Lagosians would be happier to see the collection and disposal of residential wastes left with the local waste managers and the retention of the bi-monthly billing as you currently have it as against the evolving initiative to serve annual or bi-annual waste billings of such exorbitant rate of N11, 000.00 monthly per residential building as being planned. But it appears government has perfected its strategy not just to make the foreigners to take over the domestic waste management which constitutes over 80 per cent of the business and leave only the commercial waste management, a mere 20 per cent of it to the local PSP operators but to completely put them out of business. Otherwise, how does one explain the new directive by government that from April 1, 2017, the local operators should pay N5000.00 for every drop of waste emptied by them at the dump sites? How will they get that money to pay, considering the number of trips they make to the sites weekly and then monthly? Alade wrote from Lagos

T H I S D AY ˾ TUESDAY, APRIL 4, 2017

EDITORIAL SENATE OF CONTROVERSY

The Senate may have be distracted, but most of the time it is doing its job

n the last few weeks, the Senate has been at the front burner of public discourse with some social critics prescribing its scrapping as the upper legislative chamber of the federal legislature. That is an extreme view of a matter that requires sober reflection and solemn resolution. Without a doubt, the Senate had in recent times passed a few controversial resolutions which some pro-government social critics find disagreeable, the most prominent being the rejection of the confirmation of Mr. Ibrahim Magu as the Chairman of the Economic and Financial Crimes Commission (EFCC) and its insistence that Col. Hameed Ali (rtd.), the Comptroller-General of Nigeria Customs Service (NSC), should appear before it in his service uniform. The response of the executive to these resolutions was off-handed and somewhat dismissive, attracting the anger of senators who felt not only slighted but also feared that there was an orchestrated attempt to undermine the authority of the legislature. The Senate subsequently decided to preserve its sanctity and sought to enforce IN AS MUCH AS OPINIONS its resolutions by ARE BOUND TO DIFFER suspending the OVER ISSUES OF consideration of PUBLIC INTEREST, THEY 27 Resident ElecSHOULD BE BASED ON toral Commissioners KNOWLEDGE AND NOT (RECs) nominated by President MuhamSENTIMENTS IF WE madu Buhari to fill ARE TO SUSTAIN THIS the vacancies in the DEMOCRACY Independent National Electoral Commission (INEC). This too has drawn widespread criticism from a section of the public. However, in as much as opinions are bound to differ over issues of public interest, they should be based on knowledge and not sentiments if we are to sustain this democracy. It is against this background that we urge more sober reflections on recent resolutions of the Senate and come to a balanced conclusion on them. Under the 1999 Constitution as amended, the power of the legislature to keep the executive in check through its oversight function is

Letters to the Editor

not in doubt. Sections 88 and 89 of the Constitution clearly establish this fact. This was why in our earlier editorial, we found the conduct of Hameed Ali, the Comptroller-General of Customs, in not appearing in uniform as directed by the Senate an objectionable challenge to the authority of the legislature. Similarly, the retaining of Magu as the acting Chairman of the Economic and Financial Crimes Commission (EFCC) after the Senate had refused his conﬁrmation twice, smacks of disrespect for the powers of the upper chamber under Section 2 (3) of the EFCC Act 2002, which subjects the appointment of the chairman and members of the commission to the conﬁrmation of the Senate.

N T H I S DAY EDITOR IJEOMA NWOGWUGWU DEPUTY EDITORS BOLAJI ADEBIYI, JOSEPH USHIGIALE MANAGING DIRECTOR ENIOLA BELLO DEPUTY MANAGING DIRECTOR KAYODE KOMOLAFE CHAIRMAN EDITORIAL BOARD OLUSEGUN ADENIYI EDITOR NATION’S CAPITAL IYOBOSA UWUGIAREN

T H I S DAY N E W S PA P E R S L I M I T E D EDITOR-IN-CHIEF/CHAIRMAN NDUKA OBAIGBENA GROUP EXECUTIVE DIRECTORS ENIOLA BELLO, KAYODE KOMOLAFE, ISRAEL IWEGBU, IJEOMA NWOGWUGWU GROUP FINANCE DIRECTOR OLUFEMI ABOROWA DIVISIONAL DIRECTORS PETER IWEGBU, FIDELIS ELEMA, ANTHONY OGEDENGBE DEPUTY DIVISIONAL DIRECTOR OJOGUN VICTOR DANBOYI SNR. ASSOCIATE DIRECTOR ERIC OJEH ASSOCIATE DIRECTORS HENRY NWACHOKOR, SAHEED ADEYEMO CONTROLLERS ABIMBOLA TAIWO, UCHENNA DIBIAGWU, NDUKA MOSERI GENERAL MANAGER PATRICK EIMIUHI GROUP HEAD FEMI TOLUFASHE DIRECTOR, PRINTING PRODUCTION CHUKS ONWUDINJO TO SEND EMAIL: ﬁrst name.surname@thisdaylive.com

o less misguided is the attack on the Senate for standing down the consideration of the 27 RECs nominated by the president pending a positive response by the executive to its resolution on Magu. This is a worldwide legislative tool for compelling compliance with the resolution of the parliament. To seek to hang the Senate for recourse to this tool in the face of executive arrogance is, in our view, unfair. Under the presidential system of government that we practice, disagreements among the different arms are not uncommon; and whenever they arise, the best course of action is dialogue. It is signiﬁcant, therefore, that the executive, seeing the futility of its actions, has set up a committee headed by Vice-President Yemi Osinbajo to negotiate areas of disagreements with the Senate. We think this is a commendable step. However, we must also caution the Senate not to allow itself to be distracted as the events in the past weeks were suggestive of a tendency towards dissipation of energy on self-exoneration. The job ahead of the Senate is enormous and we urge it not only to concentrate on considering several bills before it that would enhance the socio-economic wellbeing of Nigerians, but also facilitate their passage without further delay. This is the way we believe the Senate could begin to regain the conﬁdence of the public whose interests its members were elected to serve.

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.

BATTLE FOR THE SOUL OF THE PDP

hat the political ruckus ripping the opposition party in Nigeria, the Peoples Democratic Party (PDP) has reached a crescendo is an understatement. The party has been rendered a prey hunted by two lions of different worlds. This is a party that has been in opposition for less than two years. This is a party whose diehard loyalists still yearn to reclaim powers at the centre come 2019. Though these stalwarts have disagreed to agree, one is enthused with a proof that the party displays like a cat with seven lives. Ordinarily, just like other parties frizzled, one thought the PDP would follow suit. But the more it is thought to be dead, the more it shakes its tail and head in resistance.

At least some of its stalwarts led by former President Goodluck Jonathan are still optimistic that the crisis would be resolved for the party to come out stronger. This was Jonathan’s hope at his hometown Otuoke, Bayelsa State when he received the report of the Governor Seriake Dickson-led PDP reconciliation committee where he described as abnormal the resort to courts for political disagreements. What is the problem with the PDP? Two senior, highly educated and witty citizens of the nation are at loggerheads over who leads the party. These two intelligent, egoistic and passionate former executive governors of two northern states and also former distinguished senators of the Federal Republic of Nigeria; Senator Sherriff of Borno State in the North-east geopolitical zone and Senator Ahmad Makarfi of Kaduna

State of the North-west zone are torn apart by their individualistic concepts against political agrarianism. Sheriff recently in Minna met with a former military president, Ibrahim Babangida, who revealed that the PDP, though ailing, was not dead. And when the Strategy and Inter-Party Affairs Committee of the party led by Jerry Gana presented its report on how to move the party forward, Babangida said that the PDP will take back power from APC and rule for 60 successive years if the schisms rocking the party are solved. Sheriff claimed he has not been fighting anybody but rather wanted everybody to come back to the party because the party’s constitution does not recognise caretaker committee. For him, there is only one PDP and there is only one national chairman; thus a group of people can meet and discuss as only a group of people but not as PDP. He had taken the stand not to exchange words with his opposition. But the crisis once took a new twist as some top members of the Makarfi faction were said to have applied to the Independent National Electoral Commission (INEC) to register an alternative platform as the Advanced Peoples Democratic Party (APDP). The faction discredited the statement of chairman of APC Governor’s Forum, Rochas Okorocha, that PDP should respect the ruling of the Appeal Court of February 17, 2017 instead of heating up the polity. It claimed that the APC was the unseen hand stoking the fire of crisis in the PDP and that Sheriff and his cohorts were puppets in the APC’s hands. However, the number of state chapter chairmen throwing their

weight behind Sheriff rose to 23 out of the 36 states. They endorsed recommendations made by Dickson’s peace and reconciliation committee which called for a unity national convention to hold not later than August 2017. They met and issued a communiqué. The Federal Capital Territory PDP chairman, Yunusa Suleiman said he and his colleagues were supporting Sheriff because of the judgment of the Court of Appeal. They applauded the political solution being proffered by Jonathan. They expressed worries over the loss of PDP members to APC across Nigeria since the loss of power. But Ekiti PDP dismissed the stand. However, the chairman of the reconciliation committee, Henry Seriake Dickson wants all key actors in the party to embrace peace. He foresees dialogue, consultation and meetings as panacea to the lingering crisis. On March 22, 2017 the split worsened as both groups held separate meetings in Abuja and passed vote of confidence on their leaders. Nonetheless, the crisis nearly ended when the two groups were said to have agreed to accept the peace move by the reconciliation committee. Now that the two contenders are to meet and start the final battle at the Supreme Court, what will happen if the court ruled in favour of one of them or a faction breaks out to register a new party? Further splitting of the party will definitely spell doom for it. We need a strong opposition in Nigerian politics. Muhammad Ajah, Abuja

WEEKLY PULL-OUT

CAN MAGU CONTINUE AS ACTING EFCC CHAIRMAN?

04.04.2017

2/DASHBOARD

04.04.2017

Inference of Mens Rea from Accused Person’s Conduct PAGE 4

Kogi Chief Judge Orders Accelerated Hearing of Criminal Cases to Decongest Courts PAGE 5

Ankeli Calls for Speedy Passage of National Disability Bill into Law PAGE 5

Stakeholders Examine Current Issues in Nigeria's Forex Market at 6th Detail Business Series

QUOTABLES 'People pay school fees. People enjoy a good life on the basis of corruption. So that those who have declared themselves to be in the forefront against corruption like President Buhari, must know that they are in the line of fire.' – Professor Patrice Lumumba, former Director, Kenyan Anti-Corruption Commission

PAGE 6

‘Possibilities in Legal Practice are Inﬁnite’ PAGE 6

'Magu should just be asked to leave. If the Government insists on the effectiveness or the usefulness of Magu, there are many other positions that Magu can be appointed to. You can take him to Customs.' – Daniel Bwala, Legal Practitioner, Abuja

The Continued ‘Trial’ of the Nigerian Legal System in IPCO v NNPC PAGE 7

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

GREG NWAKOGO Greg Nwakogo is the Managing Partner of Rosberg Legal Practitioners & Arbitrators.The focus of his expertise in the past decade has been transactions advisory, commercial litigation, arbitration and Alternative Dispute Resolution. He is an Executive Committee member of the Chartered Institute of Arbitrators (UK) Nigeria Branch and Member of Regional Coordinating Committee for Africa, Middle East and Turkey Chapter of the International Chamber of Commerce, Young Arbitrators Forum (ICC YAF). He is a recipient of the Excellence Award by Nigerian Top Executives where he was rated in the top 4 percent of all Nigerian executives in the Law, Legal and Information Services Industry in the 2015 Publication and Rating. In his column The Transaction he offers titbit transactions advisory and would sometimes delve into general contemporary legal issues.

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

Senate: Between the Serious and the Ridiculous

O Lollygagging

ur country Nigeria never ceases to amaze me. So many ridiculous things have taken centre stage, while those that are most crucial, of the utmost importance, have been relegated to the back burner. It is April, 2017, and the 2017 budget has not been passed, yet the Senate wastes precious time, lollygagging on irrelevancies like what clothes the Comptroller General of Customs wears to work, and summoning Professor Itse Sagay, SAN, Chairman of the Presidential Advisory Committee Against Corruption, because he made statements about the Senate that did not go down well with them. Senator Peter Nwaoboshi, PDP Senator from Delta North had asked his ‘distinguished’ colleagues not to burn daylight on inviting Prof Sagay, but rather face important national issues. I concur. His request was however, turned down. Prof Sagay was invited. He failed to honour the invitation, stating that he was entitled to express his opinion and the invitation from the Senate is unconstitutional. Freedom of Expression If my memory serves me right, Section 39(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended in 2010) (the Constitution) which guarantees freedom of expression, including the freedom to hold opinions and to receive and impart ideas and information without interference, is still sacrosanct and has not been repealed. Prof Sagay is well within his rights to express his opinion about the Senate, good or bad. Nigeria is not a police state. No institution or body should constitute itself as a bully, just because it has been criticised. Part of the essence of democracy is being able to enjoy the fundamental rights provided for by Chapter 4 of the Constitution, freedom of expression being one of them. The Senate as the highest law making body of the land, should more than anyone else, know this. Section 88 of the Constitution gives

power to the Senate and the House of Representatives to conduct investigations in accordance with Section 88(2)(a) & (b), and one may say that the power to summon can be brought under this provision. However, the expression of contrary opinions about the Senate, is certainly not one of the reasons why either of the legislative houses can summon people. Any invitation from the legislature or summons which does not fall within the purview of the purposes as defined in Section 88(2) of the Constitution, is invalid (OBAYUWANA v ALLI 1983 12 SC 147 at 191-192). Senator Ndume's False Allegations Also, the case of Senator Ali Ndume’s suspension from the Senate for 180 days. I do believe that Ndume’s false allegations against the Senate President, Dr. Bukola Saraki and Senator Dino Melaye were made ‘mala fide’. In fact, I found the so-called allegations against Dr. Saraki especially amusing and ludicrous. As for that of Senator Melaye, it seemed slightly more believable, since this is not the first time that we have been faced with the no certificate saga in the legislature. I am sure we all recall ‘Buhari-Gate’, that is, Salisu Buhari, the Speaker of the House of Representatives who was impeached in 1999 for forging a ‘Toronto’ University Certificate! However, Senator Ndume must have been disappointed when the VC of Ahmadu Bello University, Zaria, confirmed that Senator Melaye did indeed, graduate from the institution... albeit with 3rd Class Honours. However, these allegations could have been easily verified by Senator Ndume beforehand, instead of him taking the sensational route which he chose, and which resulted in his failure and embarrassment. His actions showed him to be picayune, at best. Could it be that Senator Ndume was bearing a grudge because of his removal as Senate Majority Leader? Matters Arising: Length of Suspension That said, there are certain matters arising from Senator Ndume’s purported

Senate President, Dr Bukola Saraki and Senator Ali Ndume

6 months’ suspension. The Federal High Court had held in the unreported case of DINO MELAYE & ORS v HOUSE OF REPRESENTATIVES, that the indefinite suspension of the Plaintiffs in that case, was illegal and unconstitutional, on the grounds that a legislator could not be suspended for a period of more than 14 days. The powers of the Senate to suspend its members seems to derive from its Internal Rules. However, aside from the fact that the Senate is subject to the jurisdiction of the court and its decisions, the Senate Rules are subject to the provisions of the Constitution. While Section 1(1) of the Constitution provides for its supremacy and bindingness on all authorities and persons throughout Nigeria, which obviously includes the Senate and Senators, Section 1(3) provides that if any law is inconsistent with the Constitution, the Constitution shall prevail, and such law shall, to the extent of its inconsistency with the Constitution, be void. Entitlement of all Constituencies to NASS Representation Aside from the fact that every constituency is entitled to representation in the two houses of the National Assembly, Section 42 of the Constitution provides for freedom from discrimination. By giving Senator Ndume a 6 months suspension, it means that his constituents shall be unrepresented in the Senate

"NIGERIA IS NOT A POLICE STATE. NO INSTITUTION OR BODY SHOULD CONSTITUTE ITSELF AS A BULLY, JUST BECAUSE IT HAS BEEN CRITICISED"

ONIKEPO BRAITHWAITE

THE ADVOCATE onikepo.braithwaite@thisdaylive.com for that period of time. Their exclusion amounts to discrimination against them, as their entitlement is being withheld from them for 6 months. Ali Ndume’s embarrassment before Nigerians as a result of making those unsubstantiated allegations against his colleagues, is enough punishment. He actually referred to the internet and social media on the floor of the Senate. It is common knowledge that half of what you read on social media, is unverified sensational nonsense, and for a Senator of the Federal Republic of Nigeria to use that as part of the basis for his comments, is laughable. It just shows the level at which many of those that are purportedly ruling Nigeria are. Not too high. Unconstitutional Disciplinary Action However, the disciplinary action taken against Senator Ndume, even if it is in accordance with the Senate Rules, is unconstitutional. All Nigerians are entitled to representation at all levels of the legislature, and to the extent that a particular Senate Rule provides that it can punish any of its members and deprive his/her constituents from representation for such a long period of time, such a Rule is inconsistent with the Constitution and consequently, void. The Senate should have also taken Ndume’s innocent constituents into consideration, while meting out his punishment. I am certainly not holding court for Senator Ndume, but I am concerned about his constituents. Being from an area that is in the line of fire of Boko Haram, anything can happen at anytime. They need 24-7 representation in both Houses. The Senate should have considered this. Suggestion Like Senator Nwaoboshi said, the Senate should channel its energies to burning national issues that require immediate attention, like ensuring that the 2017 budget is reviewed, adjusted and passed forthwith (it would do a lot of good if the percentage allocated to recurrent expenditure in the budget is reduced, while that of the health and education sectors, for instance, are increased), dealing with the issue of the Resident Electoral Commissioners, getting a Bill like the Petroleum Industry Bill which has been hanging for so long passed as soon as possible, coming up with economic reform bills and resolving uncompleted bills, possibly investigating the management of NDDC on the allegation of Prof Sagay’s Committee that it bought 70 vehicles using funds meant for the provision of infrastructure for the Niger Delta, looking at the power sector which continues to be a challenge, addressing the issue of the Governors and the Security vote, improving the lot of their constituents who are dying from hunger and poverty....the list is endless.

4/LAW REPORT

04.04.2017

Inference of Mens Rea from Accused Person’s Conduct

v STATE (1973) 7 NSCC 194. Finally, in urging the Court to dismiss the appeal, he stated that even if the FIR was defective with regards to the last particular as alleged by the Appellant, the defect is curable by the provisions of Section 206 of the Criminal Procedure Code.

Facts

he Appellant, a Professor at the Ahmadu Bello University, Zaria, Kaduna State, was arraigned before a Chief Magistrate’s Court, Kiyawa for enticing a married woman contrary to Section 389 of the Penal Code. The Appellant, who had been warned several times to stay away from the woman by her husband, was eventually caught with the woman in a hotel room in Dutse, Jigawa State. The Appellant pleaded guilty to the contents of the First Information Report (FIR). He was convicted summarily and sentenced to two months imprisonment without an option of fine. He was dissatisfied with the conviction and appealed to the High Court of Jigawa State which upheld his conviction and sentence; he further unsuccessfully appealed to the Court of Appeal. Still dissatisfied, the Appellant appealed to the Supreme Court. Issues for Determination The Supreme Court adopted the following issues for determination: 1. Whether the Appeal Court was right in dismissing the Appellant’s appeal when it affirmed the decisions of the High Court and Trial Magistrates’ Court by holding that the intention of the Appellant could be inferred from his conducts whereas the FIR with which the Appellant was convicted did not state or contain the essential ingredient of the offence of Enticing a Married Woman under Section 389 of the Penal Code Law of Jigawa State, to wit: “with intent that she may have illicit intercourse with any person or conceals or detains with that intent any such woman,” such as to justify the conviction of the Appellant on Summary Trial Procedure. 2. Whether from a dispassionate appraisal or evaluation of the totality of the evidence i.e. First Information Report, before the Trial Magistrates’ Court, the learned Justices of the Court of Appeal were right in dismissing the Appellant’s appeal when the decision of the Trial Magistrates’ Court is unreasonable, unwarranted and unsupportable to warrant the conviction of the Appellant. Arguments The Counsel for the Appellant argued that it was clear on the face of the FIR, that the essential ingredient of the offence of enticing married woman to wit “with intent that she may have illicit intercourse with any person or conceals or detains with that intent any such woman” was not disclosed or stated on the face of the FIR. The Counsel stated that while ingredients 1 - 3 of the offence was disclosed, the fourth and last ingredient was missing. He submitted that the Appellant could not have pleaded guilty to the offence created under Section 389 of the Penal Code to warrant his conviction. He further argued that Particular 4 was concealed from the Appellant and that he was not given the opportunity to know what constitutes the ingredients of the offence, and that occasioned a miscarriage of justice in a Summary Trial Procedure. He argued that the conduct of the Appellant by calling and sending love messages to the woman, travelling from Zaria to Dutse to see the woman and the eventual staying together in a hotel room, were not sufficient enough to infer evil intention of enticement. He relied on the case of ABDULATIF AHMED v COP (1971) NMLR 48. On the second issue, Counsel for the Appellant argued that a thorough evaluation of the content of the FIR, revealed that an offence known to law is not shown to have been committed by the Appellant. He contended that in the absence of a full trial to test the facts through the process of cross-examination, the alleged acts are mere allegations and speculation, which the courts have been warned cannot ground a conviction. He relied on ONAH v STATE (1985) 3 NWLR (PT. 12) 236; ANYANWU v STATE (2012) 16 NWLR (PT. 1326) 221 AT 270. Counsel contended that the phrase “caught red handed” as contained in the FIR is very speculative and it gives room for different interpretations. He cited the case of OKEKE v STATE (1995) 4 NWLR (PT. 392) 676 AT 712 where it was held that, when evidence is capable of two interpretations in a criminal case, the one favourable to the accused person must be adopted. He urged the Court to allow the appeal and set aside the conviction of the Appellant. Counsel for the Respondent argued that the fourth

Clara Bata Ogunbiyi, JSC

In the Supreme Court of Nigeria Holden at Abuja On Friday the 17th day of February, 2017 Before Their Lordships Olabode Rhodes Vivour Musa Dattijo Muhammad Clara Bata Ogunbiyi Chima Centus Nweze Amiru Sanusi Justices, Supreme Court Between Prof. Festus David Kolo.............. Appellant And Commissioner of Police .............Respondent Lead Judgement delivered by Honourable Clara Bata Ogunbiyi, JSC

Particular of the offence was reflected on the face of the FIR; that it was not in dispute that the Appellant had understood the contents of the FIR clearly as evidenced by the pronouncement of the Court of Appeal. He contended that if the Appellant had problems with the words used in the FIR, he would certainly have asked for clarification and his Counsel would not have advised him to plead guilty as he did. He argued that the only thing to be inferred from the conduct of the Appellant based on the content of the FIR was that he intended to have illicit intercourse with the woman. He relied heavily on AREBAMEN

".......THE WORD INTENTION IS SUBJECTIVE, AND IS WITHIN THE MIND OF THE VERY INDIVIDUAL POSSESSING IT. BEING POSSESSIVE IN NATURE, INTENTION CAN THEREFORE, BE INFERRED FROM THE CONDUCT OF A PERSON BY MANIFESTING THROUGH HIS ACTION"

Court’s Judgement and Rationale Their Lordships stated that the Appellant was convicted and sentenced under Section 389 of the Penal Code as follows: “Whoever takes or entices any woman, who is and whom he knows or has reason to believe to be the wife of another man, from that man or from any person having the care of her on behalf of that man with intent that she may have illicit intercourse with any person or conceals or detains with that intent any such woman, shall be punished with imprisonment for a term which may extend to two years or with fine or both” The Supreme Court held that there are four ingredients contained in the offence for which the Appellant was convicted namely: (i) That the person enticed or taken away is a married woman (ii) That the accused knew or had reason to believe that the woman was the wife of another, under that care of her husband or of another person (iii) That the married woman is enticed or taken away from her husband or any person while in the care of her husband or any other person (iv) That it is with intent that she may have illicit intercourse with any person or a. Be concealed b. Detained with the same intent. The Court held that the bone of contention is the absence or otherwise of the last particular of the offence on the FIR. In response to the contention of the Appellant that the FIR did not disclose that the ultimate intention of the Appellant was to have illicit intercourse with any person, and that making that inference would be speculative and thereby casting doubt in the minds of any reasonable man as to the intention of the Appellant, the Supreme Court stated that the word intention is subjective, and is within the mind of the very individual possessing it. Being possessive in nature, intention can therefore, be inferred from the conduct of a person, by manifesting through his action. There are abundant reasons from the Appellant’s behaviour which when taken together will depict with certainty the intention of the Appellant. The Court held further that from the facts stated on the FIR, the necessary intention of the Appellant had been revealed. The law is trite and well settled that intention of an accused person can in certain cases be inferred from the conduct of the person and the surrounding circumstances within which he acts and operates. Proof of intention is usually difﬁcult except by confession or by inference ﬂowing from the manifestation of the person’s action. ARABAMEN v STATE (supra). The Supreme Court also observed that the Appellant had made a Confessional Statement during Police investigation and held that Confession is the best form of evidence and an accused person can be convicted on his Confessional Statement alone. The Court relied on NWACHUKWU v STATE (2007) 17 NWLR (PT. 1062) 31 AT 70. The Court also held that the purpose of any Charge, be it FIR or Information as the case may be, is to precisely inform the Accused Person of the case he is going to face at the trial. The contents of the FIR herein were explicit, precise and adequately informed the Appellant of the case that he was to face before the trial Court. For a Court to consider any defect in a FIR, the Appellant must prove that such error or omission has occasioned failure or miscarriage of justice to him, which the Appellant in this case failed to show. The Supreme Court dismissed the appeal and affirmed the judgement of the Lower Courts. Representation: Ibrahim Idris Esq. with J.E. Udor Esq. and S.O. Ogbonna Esq. for the Appellant S.H. Garun Gabbas A.G. of Jigawa State with M. M. Iman DPP, H. Abdullahi Asst. C.S.C, Z. Mohammed PSC and M. Usman SSC for the Respondent Reported by Optimum Law Publishers Limited (Publishers of Nigerian Monthly Law Reports (NMLR))

04.04.2017

NEWS/5

Ankeli Calls for Speedy Passage of National Disability Bill into Law Tobi Soniyi in Abuja

FOUNDERS' DAY LECTURE L-R: Guest Speaker, Hon. Justice Otieno-Odek, Director General, Nigerian Institute of Advanced Legal Studies, Professor Deji Adekunle, Chairperson of the event, Professor Isabella Okagbue and former Director General, Nigerian Institute of Advanced Legal Studies, Professor Epiphany Azinge SAN at the Nigerian Institute of Advanced Legal Studies Founders' Day Lecture held recently

Kogi Chief Judge Orders Accelerated Hearing of Criminal Cases to Decongest Courts Yekini Jimoh in Lokoja For the next couple of weeks, all the divisions of the high court of justice of Kogi State, will be sitting across the state, to attend to only criminal cases before them. This declaration followed an order by the Chief Judge of Kogi State, Hon. Justice Nasiru Ajanah who has set aside two weeks for Assizes in the High Court of the State. The Chief Judge who gave the order pursuant to Section 67 of the High Court Law (Cap 48), said that when all the divisions of the High Court of Justice in the State, are strictly dedicating hearings to only criminal matters in a process that will last up to the 31st of March, 2017, the ultimate aim of decongest-

ing the courts and speedily dispensing justice, would have been served. He had earlier noted during an interactive session with stakeholders in the administration of criminal justice in the State, that the essence of the Administration of Criminal Justice Act, 2015 was to enable accused persons access justice without delay. He pointed out that, it was in that direction that the Kogi State Judiciary was determined to bring justice to the door step of the citizens. He therefore, urged all relevant agencies in the administration of criminal justice in the State, to brace up to take the advantage of the window provided by the Assizes to bring succor to the many awaiting trial inmates

in the State. While particularly mentioning that the Nigerian Prisons Service deserves the support of all concerned agencies, he said its officials need to be helped to facilitate the appearance of accused persons in courts. He noted that the objectives of the Assizes would be defeated, if accused persons were not brought to courts. The stakeholders meeting, which had representatives of the Ministry of Justice, the Prisons Service, Nigeria Police, the NBA and the Legal Aid Council in attendance, was also used by the Chief Judge to encourage the Legal Aid Council to continue offering free legal aid services to indigent accused persons

standing trial, without legal representation. He urged all litigants in the state to take advantage of the two weeks opportunity, while assuring all that, the judiciary would constantly develop options that would not only relieve the court system of congestion, but would always take cognisance of the fact that the prison facilities across the State were already overstretched, and the situation warrants urgent and proactive attention allround the year. It is the second time that the High Court of Kogi State is declaring Assizes in the first quarter of the year 2017, in order to clear the courts of criminal cases bordering on armed robbery, kidnapping, rape, culpable homicide etc.

The Senior Special Assistant to the President on Disability Matters (SSAP), Dr Samuel Ankeli, has called for the passage and signing of the National Disability Bill and establishment of the National Disability Rights Commission. Ankeli stated this during his visit to the Director-General, National Orientation Agency (NOA), Dr. Garuba Abari. He said the purpose of his visit was for collaboration with the NOA, in order to have a more disability friendly society in Nigeria. According to him, his office is saddled with the sole

responsibility of assisting the President on all matters relating to the welfare and well being of over 25 million Nigerians, living with various forms of disability. He said that the President was very passionate about the rights and well being of people living with disability. In his reaction, the DG, National Orientation Agency, commended Ankeli for a well deserved appointment. While welcoming the team to his office, he said that the document the SSAP presented to the Agency, was a working document that would guide his office on the issues of disabilities

Kwara State Commits to Assist NICN in Speedy Dispensation of Justice Hameed Shittu in Ilorin Kwara State Governor, Alhaji Abdulfatah Ahmed has pledged his administration's commitment to assisting the National Industrial Court of Nigeria in facilitating speedy dispensation of industrial related cases and promote industrial harmony in the State. Ahmed made the pledge when he received the President, National Industrial Court of Nigeria, Justice Babatunde Adejumo at Government House, Ilorin over the weekend. Ahmed who also expressed determination to partnering with the Judiciary and other federal agencies, identified justice as a major ingredient for economic growth and development of the society. According to the governor, the support for the Industrial

Court in the State would save lawyers and litigants from travelling to other states to seek redress. Governor Ahmed promised that his government would not relent in creating a conducive environment for the delivery of quality services to the people of the State. Earlier, the President, National Industrial Court of Nigeria, Justice Babatunde Adejumo had sought the support of the State Government in establishing a permanent National Industrial Court in Ilorin. Justice Adejumo assured the Governor that once the facility is put in place, the court would be established in the State to save Lawyers and Litigants from travelling to National Industrial Court in Akure, Ondo or Ibadan in Oyo State, to seek redress.

Alleged Copyright Infringement: Firm Demands N2bn from Etisalat, Threatens to Sue Akinwale Akintunde A leading telecoms firm, Etisalat, has been threatened with a law suit, should it fail to pay a N2 billion compensation demanded by a mobile finance technology firm, V-Exchange Ltd, for an alleged infringement on its product's copyright. V-Exchange which specialises in providing instant finance solutions to individuals and corporate entities via intelligent data driven platform, claimed that the 'Kwik Cash' loan service which Etisalat offers to its customers, is a stolen product. Making the demand through its counsel, Ubani and Co, at a media conference last Thursday, the firm maintained that on November 23, 2016, its Executives had a meeting

with the representatives of Etisalat regarding their product, 'Kwik Cash' and for the purposes of partnering with the same for mutual commercial benefits. Co-founder of V-Exchange, Samuel Ajiboyede, said that at the meeting, the loan service product was showcased to Etisalat officials, who upon being impressed by the demonstration asked to be furnished with more details. Ajiboyede said he was advised by Etisalat officials to obtain the Nigeria Communications Commission, NCC Short Code, being the only thing remaining for a deal to be sealed between the two entities. He stated that subsequently, he requested for a Memorandum of Understanding from Etisalat, to enable his company acquire a Value Added Service (VAS) licence

to get the Short Code approval from NCC, but that the request was never accented to. The company co-founder said he was however, shocked when he heard that Etisalat had gone ahead to launch the instant loan service without his company's approval. Also speaking at the media briefing, the Chief Executive Officer of the firm, Mrs Kemi Ayinde noted that well wishers had called to congratulate her on the successful launch of the product, not knowing that her firm was not involved with the launch. This publication was cited in a letter written by the law firm of Ubani and Co to the Chief Executive Officer of Etisalat Nigeria, dated January 10, 2017 demanding N2billion as compensation

for the alleged copyright infringement. The letter reads in part: '' Our client has tested your product on several customers of your company, and confirmed that the said product was the exact product for which it has exclusive right". That this abysmal unlawful conduct of your company as highlighted above, has infringed our client's products for which a copyright subsisted, despite the caveat by known owners being 'our client', that no part of this shall be reproduced or copied in any material form with its prior authorisation. ''Moreover it is arguable that the product reproduced in writing by your company, were exact replicas of our client's products which were earlier in time, protected by the copyright law. "In conclusion let it be

stated that aside from the civil action for infringement of our client's copyright, we shall be constrained to simultaneously instigate and initiate a criminal action with its attendant legal consequences against your company, for exploiting our client's copyright as provided by the act. "Therefore your company is hereby warned very sternly, to refrain forthwith, from further infringement of our client's products by itself or through its agents or privies and monetary restitution in the sums demanded above, of its unlawful exploitation of our client's products which copyright subsisted in order to mitigate the loss thus far." In its response to the demand for compensation, Etisalat via a letter dated February 21, 2017

acknowledged having had discussions with V-Exchange over its product, but denied infringement of any patent belonging to the firm. The letter signed by Vincent Eromosele, Etisalat Head, Legal Operations and Litigation and Chimeka Garricks, Manager, Legal Services claimed that 'Kwik Cash' is owned and operated by an undisclosed financial institution, and that Etisalat followed due process in acquiring the right to use the product on its network. Etisalat further claimed that Kwik Cash service was already in existence and operational, prior to its meeting with V-Exchange. The telecoms firm in the letter denied any infringement on V-Exchange's purported patent, and insisted it cannot pay compensation for infringement.

04.04.2017

Stakeholders Examine Current Issues in Nigeria's Forex Market at 6th Detail Business Series Akinwale Akintunde Financial experts, including lawyers and other stakeholders, converged last Thursday to brainstorm and proffer solutions to the current issues of Nigeria’s foreign exchange market as it affects the economy. The event, tagged ‘6th Detail Business Series’ held in Lagos, was organised by a leading Nigerian commercial law firm, Detail Solicitors Nigeria. The Keynote Speaker at the event, Mr. Bismark Rewane, CEO Financial Derivatives, in his presentation, assessed the economic indicators affected by the forex, stressing that so far there had been lower FDIs and FPIs in terms of capital flows, a low PMI of 44.6 for January, 2016. Rewane said in the last two months the Central Bank of Nigeria had disbursed about $2.45bl to the foreign exchange market. According to the financial analyst, out of the $2.45bl, $735ml went to the spot market, while the forwards got $1.715bl from the CBN intervention. He explained that, the interventions are already having an impact on the external reserves. On the issue of currency and inflation, Rewane

noted that a currency with high inflation is unlikely to appreciate against a currency with low inflation. (Nigeria 17.78% naira, United States 2.7% dollar). He said key sectors that have been affected by the foreign exchange market include manufacturing, financial services, oil and gas and the aviation sector. He also listed as risks to the foreign exchange market; decline in oil price going below $45 per barrel, reduction in oil production falling below 1ml bpd, depletion of the foreign reserves falling below $25bl, vulnerability to external shocks and recession and policy reversal. On the outlook for the market, Rewane outlined the following; convergence of rates, pressure on the external reserves, improvement in terms of trade and a likely short-term appreciation of the currency due to fundamentals that remain weak. In his intervention, Mr. Sonnie Ayere CEO of DunnLorrenMerrifield stressed the need for policies in the country that is pro-growth for the economy. He said these policies must focus on tackling the cost of production. According to him, the management of the situation in the Niger-Delta was vital to the forex market, as the stability in oil price (above $45) and production capacity (2.2-2,5ml bpd)

L-R: CEO, Financial Derivates Company, Mr. Bismarck Rewane; Lead Partner, Detail Commercial Solicitors, Mr. Ayuli Jemide and CEO, Dunn Lorren Merriﬁeld, Mr. Sonnie Ayere at the 6th Detail Business Series at Victoria Island, Lagos. KOLAWOLE ALLI

remained the key factors that will shape the market. Ayere also called for a drop in the interest rate, so as to enable banks assist the real sector.

He described the interest rate regime as critical in tackling inflation in the country, with a great impact on the country’s economy also affecting the forex market.

Justice Oguntade, LASU VC for NBA Ikorodu Law Week Lecture Akinwale Akintunde Retired Supreme Court Justice Adesola Oguntade will today, April 4, 2017 chair the 11th Asiwaju Babatunde Olusola Benson, SAN Annual Lecture, which will be held at the Ikorodu Town Hall. The lecture, which is part of the activities for the Nigerian Bar Association (NBA), Ikorodu

Branch Law Week, which began last Friday with a press briefing addressed by the branch Chairman, Mr. Levi Adikwaone and other executives of the branch. The Law Week is usually a week set aside by the branches of the NBA in Nigeria to celebrate the Legal Profession. According to the branch Chairman, Adikwaone, the Vice Chancellor of Lagos State

University, Professor Olanrewaju Fagbohun, a professor of Law will do justice to the Lecture as the Guest Lecturer. Other guests expected for the lecture include, Lagos State Chief Judge, Hon. Justice Olufunmilayo Atilade, NBA President, Abubakar Mahmoud, SAN, Lagos State Attorney-General and Commissioner for Justice, Mr. Adeniji Kazeem, Hon. Babajide Benson of the House

of Representatives and Hon. S.O.B Agunbiade, Majority Leader of the Lagos State House of Assembly amongst others. The lecture will climax on Thursday, April 6 with the Annual Law Dinner, which will be chaired by Hon. Justice Habeeb Abiru of the Court of Appeal and Justice of the Supreme Court of Gambia, while Mr. Femi Falana SAN will give Dinner Talk.

Legal Personality of the Week Kingsley I. Jesuorobo, Esq.

‘Possibilities in Legal Practice are Inﬁnite’ I am Kingsley I. Jesuorobo, Esq. and I had my LL.B. (Hons.), B.L. (Nigeria) and J.C.A. (C.Q.), B.L. (Canada). I am a Barrister, Solicitor and Notary Public. President, Canadian Association of Nigerian Lawyers, Vice President (North America), African Bar Association, Chairman (Canada Forum), African Bar Association, Principal and Managing Counsel at Kingsley Jesuorobo & Associates, a Canadian law firm. I am also Co-founding and Managing Partner at JED Solicitors, a Nigerian-Canadian affiliated law firm. I was called to the Bar in Ontario, Canada, Law Society of Upper Canada in 1996. I had the Canadian LL.B. Law Degree Equivalency Training (Joint Committee on Accreditation, Certificate of Qualification [J.C.A. (C.Q.)] , University of Toronto, Toronto, Canada (1993 -1994). I was called to the Nigerian Bar in 1990 after obtaining my law degree from the University of Benin in1989. I have organised a 4-day intensive Law Course on Canadian Bankruptcy/ Insolvency Law for Nigerian Federal High Court judges (November, 2011) - Guest-lectured refugee law at Kellogg College, University of Oxford, United Kingdom, under the sponsorship of the United Nations High Commissioner for Refugees (UNHCR) and the Fahamu Refugee Program (September, 2010) - Guest-lectured Refugee Law at York University, Toronto, Canada (Summer, 2005) - Trained dozens of lawyers and numerous paralegals under the Law Society of Upper Canada (Ontario, Canada) Bar Admission program - Co-founded Canada's first 24-hour black television network, First Entertainment Voice of Africa Television (FEVA TV). Worked as Chief Legal Counsel at FEVA TV (2013 - 2016) - Acted as Chair of the Board of Directors, Canada Nigeria Chamber of Commerce - 2011 to 2012 - Served as Chair of the Board of Directors of Democratic Alliance for Nigerians in Canada (DANIC) during Nigeria’s pro-democracy struggle in the 1990s Have you had any challenges in your career as a lawyer and if so, what were the main challenges?

resulted in the painful loss of our case at Canada's Federal Court. As a Nigerian, I felt humiliated, not because we lost but because I saw Nigeria being subjected to discriminatory treatment and abuse of its sovereignty, due to complicit complacency of her paid official.

Kingsley I. Jesuorobo, Esq.

Challenges abound, but I have had no challenges that are insurmountable. What was your worst day as a lawyer? When the failure of Nigeria High Commission official to stand for Nigeria resulted in the deportation of a Nigerian from Canada with an expired Nigerian passport. This act was in clear violation of Nigeria's extant laws which require citizens to possess valid travel documents for travel. The standard practice is for Canadian officials to approach Nigeria High Commission for a Travel Certificate for undocumented Nigerians or for those whose documents have expired. This is in line with best practices across the world. It signifies reciprocity and mutual respect in the comity of countries. For example, you cannot deport a Canadian, British or American to his country of origin with an expired passport. Even countries of smaller global significance do not tolerate that. I am not saying that Nigerians should not be deported. I am saying that Nigeria must insist that her laws and procedure on travel must be respected. I brought the matter to the attention of the High Commission before the deportation happened, but the official in charge maintained complicit silence; and that

What was your most memorable experience? Ironically, one of my most memorable experiences also involves the Nigeria High Commission. The officials defended Nigeria when it mattered. The case involved a German of Nigerian origin. He renounced Nigerian citizenship in order to obtain German citizenship. Somehow, he managed to obtain Nigerian passport by dubious means subsequently. He travelled to Canada with a valid German passport while concealing the Nigerian passport in his luggage. Canadian officials found the concealed passport and detained him. They contacted officials at the German embassy who came and purportedly revoked his German citizenship for possessing another passport. The Canadian officials did not reach out to Nigerian officials, yet they started proceedings to deport him to Nigeria! My involvement changed all that. It was immediately apparent to me that Nigeria and Nigerians deserved better from Canada, my adopted country, that professes sumptuous subscription to the ideals of democracy, equality and procedural fairness. Why not give Nigeria a chance, through her High Commission, to ascertain the validity of the Nigerian passport, just the same way the Germans were? My contention was simply that you couldn't conclusively ascribe Nigerian citizenship to a person without contacting the Nigerian officials. The judge agreed with me. I also alerted the Nigeria High Commission. The judge forced Canadian officials to seek clarification from Nigerian officials who in turn established the obvious: that once renounced, Nigerian citizenship is not automatically reinstated through illicit procurement of a Nigerian passport; a fact which both the Canadians and Germans had conveniently glossed over. The planned deportation to Nigeria was aborted. Who has been most inﬂuential in your life?

My father. Even though he has passed on, his legacies and the enduring echoes of his admonitions to me to not settle for less are still entrenched in my psyche to this day. He impacted me in three fundamental ways: He professed so much faith in my abilities from childhood and his admonition galvanises my success goals; He showed practical affirmation of my skills while still a trainee lawyer in University. As far as I could remember, whenever issues requiring legal resolution arose, say, the drafting of contracts or settlement agreements, my father expected me to rise to the occasion; and I did; His own achievement: my father was a leader among his peers. Simply put, my father was a man whom many people, including his peers, saw as a role model. I keyed in. My mother influenced me the most, with respect to my morality and generosity. She epitomised them. She also taught me to separate respect from fear, hence I respect everybody, but fear nobody. She passed on at 50. Professionally, Chief C.O. Ihensekhien, SAN of blessed memory influenced me the most. The SAN shaped me in the best traditions of the profession. He inculcated in me what I see as fundamental principles for excellence in the legal profession: You must properly prepare yourself in order to properly prepare your clients. Why did you become a lawyer? As a child, I was attracted to the profession by the appearance of the lawyer's regalia - the robe/gown, the wig, etc, and as I grew in ability to rationalise life, it dawned on me that law regulates the living and even the dead. I found that, outside of the government, the legal profession was the most potent platform through which one can impact lives. I settled for it. What would your advice be to anyone wanting a career in law? Go for it. The possibilities are infinite. I have encouraged aspiring lawyers by using my law firm as a platform to train over 30 lawyers so far. If you had not become a lawyer, what would

04.04.2017

The Continued ‘Trial’ of the Nigerian Legal System in IPCO v NNPC This article by Dr. Emilia Onyema discusses the case of IPCO v NNPC which went to Arbitration. The Award was made in October, 2004. In disputing some issues arising from the Award, the matter has ended up both in the English and Nigerian Courts. She therefore, compares the swiftness of the English Legal System with ours, concluding that the Nigerian Legal System is slow and unfit for purpose

UK Supreme Court Judgement n 1 March 2017, the UK Supreme Court gave its decision in the IPCO v NNPC continuing saga (available online as [2017] UKSC 16). On the English court of appeal decision requiring NNPC to provide further security of USD100 million as condition for adjourning the enforcement of the arbitral award made in favour of IPCO; and for the setting aside application on grounds of fraud, to be determined on the basis of English public policy (instead of Nigerian public policy). NNPC appealed against this requirement to put up additional security, to the UK Supreme Court. Arguments were heard on 2 February 2017 and almost one month thereafter, on 1 March 2017, the Supreme Court gave its decision overturning the Court of Appeal decision on the need for NNPC to provide additional security (of USD 100 million) as a condition for continuing the ‘adjournment’ of the enforcement order. The Supreme Court was of the view that having remitted the fraud issue to the commercial court for determination under English law, there was nothing to further adjourn so that the Court of Appeal, “had no power under section 103 (of the English Arbitration Act 1996) to make a decision of the properly arguable case raised by NNPC under section 103(3) conditional on NNPC providing further security” (paragraph 30 of the Supreme Court judgement). Pending Cases in Nigeria In Nigeria, the following matters are still pending before various courts: application before the Federal High Court (FHC) in Lagos to set aside the award filed in 2004; another appeal from the Court of Appeal before the Supreme Court to stay the FHC proceedings; a criminal prosecution against IPCO in Abuja; and an appeal before the Court of Appeal against the decision of another FHC on the authorisation to privately prosecute the criminal matter. No definitive judgement has emanated from the Nigerian proceedings. A quick reminder that these decisions arose after the arbitration and the award dated 28 October 2004 between IPCO and NNPC. The arbitration itself took about 18 months from start to the production of the final award. Enforcement of this award for the sum of USD 152 million (plus interest at 14% per annum) is the subject-matter of the various court decisions and has been on-going since 2004. That is in the last 13 years. The arbitration took place in one jurisdiction, Nigeria (Lagos), but enforcement of the award is being fought in two jurisdictions: England and Nigeria. Excellent Case Study for Efﬁcacy of Alternative Dispute Resolution This IPCO v NNPC saga provides an excellent case study on the efficacy of the alternative dispute resolution mechanism of commercial arbitration in a jurisdiction such as Nigeria, where it has been said that, the mills of justice (through the courts) grind

made by NNPC against IPCO, then effectively there will be no award in existence. It will then have been worth the fight by NNPC (though in this case, it is not quite clear whether IPCO is viable enough to refund NNPC their legal costs). Current State of the Nigerian Legal System: Matters Arising Loopholes The second issue I want to pick up on, is the current state of the Nigerian legal system with its loopholes giving parties and their counsel opportunities to frustrate the effectiveness of the judicial process, resulting in inordinate delays. Delay, which is endemic in the Nigerian legal system, cost the Nigerian judiciary the opportunity of enriching international arbitral jurisprudence, with a decision on the effect of fraud on the enforcement of an arbitral award under Nigerian law. This very important question will now have to be decided by the English courts in accordance with English law (though the award in question was rendered in Nigeria and so effectively, a ‘Nigerian award’). very slowly. If the award rendered in 2004 had been voluntarily performed, this dispute would have ended in 2004. However, with the parties deciding to pursue and resist enforcement through the courts, 13 years later, the litigations remain live. This, for me, supports the view that commercial disputants are better off arbitrating their disputes (than litigating same). They will get a reasoned decision (award) within a reasonable time. Parties must remember that to benefit from arbitration, they must have a valid arbitration agreement. This is best included in the contract when the transaction is negotiated and concluded. As IPCO v NNPC further shows, arbitration may not be the end of the dispute. This fact is not the fault of arbitration (as a process), but really the result of the decision of the parties. One very positive attribute of arbitration is that, it allows a party genuinely aggrieved with the outcome of the process, to challenge the award before the courts. This is a matter properly within the right of the parties and their power to make. It is outside the arbitral process. Challenging an Arbitral Award So is it beneficial to challenge an arbitral award? This will all depend on whether it is a good faith challenge and not a spurious challenge, contrived to waste time and frustrate the judgement creditor. In IPCO v NNPC, if the courts sustain the fraud allegation

"FINALLY, SOME OF THE REPORTED IPCO V NNPC ENGLISH JUDGEMENTS HAVE ON RECORD, STATEMENTS THAT BASICALLY INDICT THE NIGERIAN LEGAL SYSTEM AS BEING INCOMPETENT. THANKFULLY, THE UK SUPREME COURT SPARED US SOME OF THOSE EMBARRASSING REFERENCES"

Non-Availability of Judgements Immediately After Delivery The third issue arising from the IPCO v NNPC English judgements, is their public availability. The decision of the UK Supreme Court (as is the same for the other higher courts of record) was made publicly available on their website on the same day it was issued. This is not the case with judgements from Nigerian courts, which all have their individual websites. It is not immediately understandable why the decisions of Nigerian courts are not automatically uploaded onto their websites. This is an easy win for the judiciary and one action which is within their capability to achieve. It is important to remember that, access to the text of laws and judgements interpreting those laws, make for a predictable legal environment (for foreign investors) and are both aspects of access to justice. Nigerian Legal System: Unﬁt for Purpose It will not be going too far, to state that the IPCO v NNPC saga, has again exposed the current state of the Nigerian legal system, as one that is no longer fit for purpose and certainly not suitable in this information age. The Nigerian Legal System in its current state, results in denial of justice to litigants and evidences the signs of another weak and failing institution in Nigeria. The new Chief Justice of Nigeria, Hon. Justice Walter S.N. Onnoghen, must engage with these issues (of delay and limited access) and proffer innovative and workable remedial actions, on how our courts can combat these weaknesses. It is the Nigerian Legal System itself, that has deprived the Nigerian judiciary of contributing to international arbitral jurisprudence in this case. Finally, some of the reported IPCO v NNPC English judgements have on record, statements that basically indict the Nigerian Legal System as being incompetent. Thankfully, the UK Supreme Court spared us some of those embarrassing references. The time to act must surely be now, before the remaining thread of our legal infrastructure becomes bare. Dr. Emilia Onyema, SOAS, University of London

Two Rapists Sentenced to 12 Years Imprisonment in Kogi State Yekini Jimoh in Lokoja Two rapists, Lucky Jonathan and Daniel Friday, who were charged before the High Court of Kogi State, have been sentenced to 12 and a half years imprisonment respectively, for causing bodily harm and raping their victim. The two convicts who appeared before High Court 1 sitting in Lokoja, were charged with the offences of conspiracy, rape, voluntarily causing hurt and abetment of the offence of rape in contravention of the Penal Code. The offences were allegedly committed on 11th September, 2015 at Otokiti village in Lokoja the Kogi state capital. In determining the case with case number HCL/48C/2016, the presiding Judge of the court, Hon. Justice Nasiru Ajanah, the Chief Judge of the State, established that Lucky Jonathan, was involved only in the commission of the offence of conspiracy and voluntarily causing hurt to the victim, while Daniel Friday conspired with his co-convict and raped their victim with others who were said to be at large. Although they both pleaded not guilty during the trial, the court was however, convinced by the evidence presented by the prosecution as a proof of the commission of the offences by the

convicts. The four exhibits tendered included the confessional statements of the convicts which the court admitted in arriving at its verdict. Thus, in admitting their confessional statements the court noted that “the confessional statement was tendered and admitted without any objection. The accused persons did not lead any evidence to show any circumstance of involuntariness in obtaining their statement by the prosecution. They also did not explain any perceived inconsistency or contradiction in their testimony and the confessional statement. In fact, except in the aspect of commission of the offence, they virtually repeated what was contained in their confession. “I therefore find it difficult to believe the evidence of the two accused persons resiling their confessional statement. The retraction is more of an afterthought and do not amount to any retraction in law.” Hon. Justice Ajanah then proceeded to convict the two after observing that “the said prosecutrix (the victim) alleged that the 2nd accused (Daniel Friday) had sex with her without her consent or knowledge. The 2nd accused himself had corroborated the evidence of the

prosecutrix, when he stated in exhibit 2 that he had sex with the prosecutrix and that he was in fact the fourth to have sex with her forcibly. The torn clothes of the prosecutrix recovered at the scene of crime, and the bruises observed on the body of prosecutrix also bears testimony to the fact that the act of the 2nd accused was done without the consent of the prosecutrix. “I am therefore convinced that the prosecution in this case has proved the offence of rape under Section 283 against the 2nd accused beyond reasonable doubt. It has been held severally that an accused can be convicted on his confessional statement alone, but in this case other corroborative evidences have added credence to the confession of the 2nd accused. "I therefore hereby convict the second accused of the offence of rape contrary to Section 283 of the Penal Code.” In convicting the first accused person, the Chief Judge said he was “convinced from the plethora of evidence that the 1st accused (Lucky Jonathan) took part in encouraging and instigating the commission of the offence of rape by the 2nd accused and others at large.” Their counsel, G. O. Ameh, Pleaded with the court to be lenient on them, being first offenders before the court pronounced the jail terms.

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04.04.2017

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Can Magu Continue As Acting EFCC Chairman? Mr. Ibrahim Magu, Acting Chairman of the Economic and Financial Crimes Commission (EFCC) was nominated twice by President Buhari for the position of substantive Chairman of the Agency. Interestingly, both nominations were transmitted to the Senate by the Vice President, Professor Yemi Osinbajo, SAN in July, 2016 and January, 2017, when the President happened to be away on medical vacation in the UK. On both occasions, the Senate failed to conﬁrm Magu's nomination. As the controversy on the rejection of his nomination rages on, Ebun Adegboruwa and Chief Mike Ozekhome, SAN hold the view that Magu’s tenure should end on his second rejection by the Senate; Chijioke Okoli, SAN believes that President Buhari’s resubmission of Magu’s name to the Senate, was ill-conceived. But the ﬁery Human Rights Lawyer, Femi Falana, SAN holds a contrary view, arguing that the DSS was merely doing the Senate’s bidding with its report which discredited Magu, and that Buhari is constitutionally empowered to permit Magu to continue as Acting EFCC Chairman

Acting is a Stop-Gap - Mike Ozekhome

Yes! Magu Can Continue as Acting EFCC Chairman - Femi Falana

n This Day Lawyer's recent interview with Learned Senior Advocate and Human Rights Activist, Mr. Femi Falana, this is what he said about the Senate's rejection of the nomination of Ibrahim Magu for the position of EFCC Chairman

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.

ceans of ink have been spilled on Senate’s rejection of Mr Ibrahim Magu as Executive Chairman of EFCC. It has been canvassed ferociously, especially by the leadership of the Presidential Anti- Corruption Advisory Committee, that has since lost its bearing and become a talkative, burdensome public nuisance, (causing more problems for the Government, than solutions), that notwithstanding the resounding rejection of Magu by the Senate, he can still continue in an “acting capacity” ad infinitum. This line of argument runs counter to common sense, logic and legal provisions.

EFCC Acting Chairman, Ibrahim Magu during his screening before the Senate

Magu Has Ceased to be EFCC Head - Ebun Adegboruwa

r. Ibrahim Mustapha Magu has ceased to be the head of the EFCC, whether in an acting or substantive capacity, because immediately the President forwarded his name to the Senate for confirmation, that activated Section 2 of the EFCC Act which says that the appointment of a Chairman shall be subject to confirmation by the Senate. It was within the prerogative of President Buhari to allow Magu to act for the

4 years of his tenure. No one would have questioned him. He could have acted for as long as the President wanted. But the moment that the President transmitted the letter forwarding his name to the

Senate, Section 2 was activated. Subject to means dependent upon. It is contingent upon confirmation. And once the Senate transmitted that document back to the President declaring that rejected, it will

"IT IS INDUBITABLY CLEAR THAT THE SENATE IS HELL BENT ON MAKING A MOCKERY OF THE ANTI-CORRUPTION CRUSADE OF THE BUHARI ADMINISTRATION"

be impossible for Mr Magu to return to the EFCC to occupy the seat, because he would be doing so illegally. Mr Magu cannot act, when the confirmation for the substantive appointment has been rejected. We have written to the Honourable Attorney-General of the Federation because the EFCC is an agency, parastatal under his office; and we have written to the Senate, so that we can confirm the status of who is heading the EFCC, because it would be anarchronistic for us to be using Mr Magu unofficially to head the agency, when his appointment has been denied. - Ebun Adegboruwa

The EFCC Act Section 171 of the 1999 dubiously touted by these intellectual revisionists, merely gives the President power to appoint persons to the offices therein specified, i.e, SGF, Head of Service, Ambassadors/ High Commissioners, Permanent Secretaries, Heads of MDAS and, personal staff of the President. The Executive Chairman of EFCC, created long after the promulgation of the 1999 Constitution, was never one of such offices. We therefore, have to resort to Section 2(3) of the EFCC (Establishment) Act, 2004, which deals with this issue. It provides that: “the Chairman and members of the Commission other than ex-officio members shall be appointed by the President subject to the confirmation of the Senate”. The above section is too clear to admit of any ambiguity. It means the President cannot validly appoint the EFCC Executive Chairman without the express “confirmation of the Senate”. It must be pointed out that the EFCC Act never, at any time, created any position of “Acting Chairman”. It simply created the office of the “Executive Chairman”, period. His appointment is held at the pleasure of Mr President, but always subject to the “confirmation of Senate”. Interpretation Act These and some other protagonists have touted the provisions of Section 11 (1) of the Interpretation Act, as being applicable. Why? Because it states that the power to appoint a person to an office, also includes the power to appoint a person to act in its place. This section, deliberately misinterpreted, and skewed, merely gives the President power to appoint a person to act in place of the substantive holder. This usually occurs where there is a temporary vacancy and before there is time to fill such vacancy with the substantive holder. “Acting” is a stop-gap, temporary measure. When the Senate rejects Minister and Ambassadorial nominees, does the President reappoint them as “Acting Ministers or Acting Ambassadors”? In any event, the Interpretation Act comes in to aid in interpretation of statutes, only when a lacuna exists. There is no such lacuna in the clear provisions of Section 2(3) of the EFCC Act, as “acting” is never envisaged. The section provides for a substantive “Executive Chairman”. If it ever

envisaged an “Acting Executive Chairman”, the Act would have said so specifically: Expressio unius Est Exclusio Alterius (the expression of one thing is the exclusion of others). See HON. GOODLUCK NANA OPIA v INEC & ANOR LER (2014) SC. 16/2013; F.R.N v GEORGE OSAHON (2006) 2SC. (Pt.II); 1 TUKUR v GOVT OF GONGOLA STATE (1989) 4 NWLR (PT. 117) 517. The President in this regard, thus shares the power of appointment with the Senate. More compelling is the fact that the section expressly makes the exercise of the President’s undoubted power for such appointment “SUBJECT TO” Senate’s “conﬁrmation”, This include Senate’s right to reject. The Black's Law Dictionary defines "subject to" as: “liable, subordinate, subservient, or inferior to; governed or affected by; provided that or provided; answerable for”. It was defined in NDIC v OKEM ENTERPRISE LTD. & ANOR. (2004) LPELR-1999(SC), where the Supreme Court, held, per Uwaifo, JSC: ''It must therefore be understood that 'subject to' introduces a condition, a restriction, a limitation, a proviso: It subordinates the provisions of the subject section to the section empowered by reference thereto and which is intended not to be diminished by the subject section.''. The mandatory involvement of the Senate, constitutes a form of checks and balances in a constitutional democracy, such as we operate. It highlights the hallowed doctrine of separation of powers, theorised by Plato, Aristotle, Socrates, John Calvin, John Locke, Thomas Hobbes, Jean Rousseau and popularised in 1748, by the great French Philosopher, Baron de Montesquieu. Assuming, without conceding that Section 11 of the Interpretation Act creates the office of an “Acting Chairman”, it is respectfully submitted that such appointment automatically ceases the moment the co- appointor (Senate), refuses to give the constitutionally mandated confirmation. Going by Section 2(3) EFCC Act, Magu had also automatically lost his “acting” capacity during the period of his proposal to the Senate, for confirmation, which the Senate, after hearing, eventually rejected. The Position in the USA In discussing senatorial confirmation matters, it is apposite to scrutinise the US position, wherefrom we borrowed our Presidential system of government. Article II, Section 2, Clause 2 of the US Constitution provides: “The President shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Ofﬁcers of the United States." Erudite Professor, Johan Verheij, in "The Senate Has No Constitutional Obligation to Consider Nominees" (2016), opines that the above provision creates a three-part appointment process. First, the President nominates. Second, the Senate provides advice and consent. Third, provided Senate consent has been secured, the President then makes the appointment. He

argues that the history of the “Appointments Clause” confirms that the US Senate’s consent is a “precondition for appointment, and not an affirmative duty”...: ‘‘Since the Senate cannot originate an appointment, its constitutional duty is confined to the simple affirmation or rejection of the President’s nominations, and such nominations fail whenever it rejects them...’’. The Senate cannot be turned into a rubber stamp, or be deprived of its power to reject a person whose nomination it believes, for any reason, is not in the interest of the nation. No one arm of government can act in torrorem, or claim pre-eminence to appoint without the concurrence of the other. The Federalist Papers by James Madison, Alexander Hamilton and John Jay remain the most definitive resource of legal and historic scholars in search of the original intent of the framers of the US Constitution. Federalist No. 76 states: "The President is to nominate, and, by and with the advice and consent of the Senate, to appoint... “The necessity of their concurrence would ... be an excellent check upon a spirit of favouritism in the President, and would tend greatly to prevent the appointment of unfit characters”. Federalist No. 77 states: “The consent of that body would be necessary to displace as well as to appoint." While “consent” is used in US, EFCC Act uses “confirmation”. As renowned American Professor of Constitutional Law, John McGinnis notes: "The Senate has independent authority in that it may constitutionally refuse to confirm a nominee for any reason. As the President has complete discretion in the use of his veto power, the Senate has complete and final discretion in whether to accept or approve a nomination...The Senate has independent authority in that it may constitutionally refuse to confirm a nominee for any reason. Nothing in the text of the clause appears to limit the kind of considerations the Senate can take up. It is thus reasonable to infer that the Framers located the process of advice and consent in the Senate as a check to prevent the President from appointing people who have unsound principles as well as blemished characters... ...if the Senate fails to make that case and rejects the nominee for a pretextual reason, the President would generally be in a position

"IF THE SENATE REFUSES, AS IT HAS DONE, THAT ENDS MAGU’S TENURE. HEAVENS WILL NOT FALL. HE CEASES TO BE IN OFFICE IN ANY CAPACITY. “ACTING” IS NOT PRESCRIBED BY, NOR, ENVISAGED BY SECTION 2(3) EFCC ACT. “ACTING” IS NOT FOREVER"

to ﬁnd a second candidate without these putative defects who generally shares the President's point of view. It is rare, however, for a President to renominate a person to a position once the Senate has declined to accept the nomination." James Madison in this regard, wrote:"An elective despotism was not the government we fought for; but one in which the powers of government should be so divided and balanced among the several bodies of magistracy as that no one could transcend their legal limits without being effectually checked and restrained by the others." So, where did the present apologists borrow their interpretative grandstanding, sling, swagger, and egocentric swashbuckling from? Checks and Balances by the US Senate The US Constitution provides several unique functions for the Senate, that form its ability to “check and balance” the powers of the Executive branch of Government. These include the requirement that the Senate may advice and must consent, to some of the President’s government appointments. Under Rule XXXI of the US Senate Rules, the Senate has three options when dealing with a nomination from Mr President: confirm, reject, or take no action at all. Confirmation requires a simple majority. Historical Rejections by Senate On August 5, 1789, the Senate, for the first time, rejected a nomination and in so doing, established the tradition of "senatorial courtesy". Two days earlier, President Washington had submitted 102 appointments as collectors, naval officers, and surveyors to seaports. The Senate readily agreed to all, but one - Benjamin Fishbourn of Georgia. In rejecting him, the Senate shared the view of some of the Constitution's framers that Senators were best qualified to judge the fitness of nominees from their states. The President submitted a replacement, and a tactful letter of protest. He noted that the Senate probably had its reasons for rejecting Fishbourn. Heavens did not fall. The first high-profile cabinet rejection by the Senate was in 1834, when the President, Andrew Jackson, lost a fight to get Attorney-General, Roger Taney, named as Treasury Secretary, in the bitter fight over the Second Bank of the United States. Jackson later appointed Taney as US Chief Justice the following year. Heavens did not fall. When President Andrew Johnson survived his impeachment trial, and he renominated Henry Stanbery, who had earlier been rejected as Attorney- General, the Senate again promptly rejected Stanbery. President Johnson demurred. The roof did not cave in. Without the consent of the US Senate, no Presidential nomination can result in an appointment to a Federal office. The only people that could “step in” to question Senate are the voters because the Senate is ultimately accountable to the people. The people may, in future, vote out the Senators for such obstructionist position. No external body, including the President, can

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10/COVER

04.04.2017

Buhari’s Resubmission of Magu’s Name, Unjustiﬁable – Chijioke Okoli “Then she named the child Ichabod, saying, “The glory has departed from Israel” because the ark of God had been captured and because of her [woebegone] father-in-law and her husband.”-1 Samuel 4:21, The Holy Bible NKJV. he audience of the theatre of the absurd always suffer the peculiar dilemma of not knowing whether to laugh or cry at the spectacle before their eyes. So it is with the Nigerian public which has been forced to witness the farce that was the two unsuccessful attempts by President Buhari to get the statutorily mandatory Senate confirmation for his anti-corruption Czar, Ibrahim Magu. In the discordant din of whether or not Mr. Magu was a ‘performer’ and/or whether or not the Senate was right in its decision, what appears lost on the vast majority of Nigerians is the true purport of the event: a most egregious example of a disorientated, indecisive and indeed probably irredeemably disabled Presidency.

Slow Pace President Donald Trump famously dismissed Jeb Bush and some of his other opponents for the U.S. Presidency last year, as being of ‘low energy’. In keeping with his own self- proclaimed high energy persona, he had his cabinet choices ready before his inauguration for office. It struck me at the time that, merely a day after his inauguration Mr. Trump had got the United States Senate to confirm his defence secretary (minister), and he was already at the Pentagon to start work the following day (a Saturday). The loquacious Mr. Trump would certainly be short of words were he to categorise his Nigerian counterpart who took over six months to assemble his nondescript cabinet. Given that candidate Buhari could be said to have run for, and was elected to, the Nigerian Presidency on only one major issue of anti-corruption, the least expected was that he would have been ready with his choice of the person to drive the fight against corruption immediately upon his assumption of office. However, President Buhari took all of seven months to appoint Mr. Magu as Chairman of the Economic and Financial Crimes Commission [EFCC], the lead anti-corruption fight agency. As incomprehensible as this tardiness was, the President made matters worse by the strategic error of not promptly getting Mr. Magu confirmed, and did not send his name to the Senate for confirmation until after another seven months in July, 2016. Even then, the deed was done by the Vice President Osinbajo as Acting President at the time President Buhari was overseas on medical vacation. Meanwhile Mr. Magu who had been in occupation of the office in an acting capacity,

appears to have been uncompromising in his pursuit of our too many larcenous politicians and business people, who seem hell bent on stealing the rest of us into extinction. With the National Assembly, especially the Senate, seemingly the natural habitat of a great percentage of these characters, Mr. Magu, even at the best of times, was always going to find it very difficult obtaining the senatorial confirmation. As it turned out, the Department of State Security [DSS] appeared on the scene as a willing and effective agent provocateur. DSS v EFCC Beyond the persistent rumours of a civil war within President Buhari’s kitchen cabinet, it became starkly clear to all perceptive observers, that there was no love lost between the DSS and EFCC, when the latter testified before a National Assembly committee that it was beyond the DSS remit to raid judges’ homes supposedly to stamp out judicial corruption. The problem had obviously gone beyond understandable inter agency rivalry. However, whatever the state of the relationship between both agencies, it was inconceivable in the circumstances, for the DSS to author a report which trenchantly denied Mr. Magu’s fitness for the office of EFCC Chairman. But that is what happened in the event. In the foregoing vein it is a safe, even probably irrebutable presumption that Mr. Magu enjoyed the President’s trust and approval in the circumstances, otherwise which he would not have been appointed in the first place. Similarly, it is axiomatic that the DSS and EFCC are not only agencies of the Executive branch/Presidency, they share special kinship in the sense of being merely different manifestations of the law enforcement responsibility of the Nigerian state. And both are under the superintendence of the National Security Adviser. Given these facts therefore, and assuming that its position was not considered ever before the nomination, the least expected in the circumstances, was that the contrary report of the DSS on Mr. Magu should have first gone through an internal bureaucratic filtration process and by which, depending on the substance of the case against Mr. Magu, either the report would have been discarded or the nomination quietly withdrawn. That way, the President would have been saved the monumental and unprecedented embarrassment and very public humiliation. Instead of an adequately decisive response, and reiterating the stupidity of any person holding or thinking of holding the tiger by its tail, the President rather like a punch-drunk boxer, ponderously announced his mandate to the Attorney-General of the Federation to investigate the allegations levelled against Mr. Magu in the DSS report. Rather predictably, the Attorney-General returned a ‘not guilty’ verdict, Nigerians were told, and upon which

ACTING IS A STOP-GAP - MIKE OZEKHOME force the Senate to confirm a nominee, since the Senate makes and follows its own rules made pursuant to the Constitution. The Senate also rejected President Bush's nomination of John G. Tower to be Secretary of Defence. This was the first time in 30 years, and the first ever in the first 90 days in American history, that a President was denied his choice of a cabinet member. The nominee was bruised by weeks of allegations about his private conduct. With Senate’s rejection, President Bush on the very day, while in New York, telephoned his Chief of Staff, John H. Sununu, to immediately discuss alternative candidates. Mr. Bush, who did not want to open lasting wounds, later said: ''The Senate has made its determination. I respect its role in doing so, but I disagree with the outcome....now, however, we owe it to the American people to come together and move forward.'' Mr. Tower returned to Texas. Heavens did not fall. Debo Adegbile, 47, of Nigerian pedigree, became the first Obama nominee to be rejected under the new Senate Procedure Rules approved in November, 2016, that require just a majority of Senators present to vote on most presidential nominees. He was rejected as Obama’s nominee to head the Justice Department’s Civil Rights Division,

Mr. Magu’s name was resubmitted for senatorial confirmation. Yet again, the DSS stuck to its guns that he lacked the requisite integrity and was not fit for the office. Magu's Humiliation The Senate’s humiliating rejection of Mr. Magu, of course, cast him in a pathetic light; it is always a sorry sight watching the hunter being hunted down. But the matter is way beyond Magu the person. Those who enabled or conjured President Buhari’s predicament in the Magu palaver did not do good: they contrived to undress the President in public. It beggars belief that President Buhari and his handlers apparently do not realise the dreadful and lasting damage inflicted upon his Presidency, in the circumstances of the Senate’s rejection of Mr. Magu. Decisive remedial measures were required to be taken to reassert the Presidency’s severely besmirched image and authority. I made the point at the time, and became even more convinced by subsequent events, that President Buhari had no justification at all resubmitting Mr. Magu’s name to the Senate without first sacking all those in the DSS involved in penning and sending the anti-Magu report to the Senate. Nothing less would do. Change the Headship of DSS and EFCC? Resubmission of Mr. Magu’s name for senatorial confirmation and retention of the DSS leadership were, and remain, mutually exclusive unless the design is to turn government into a sick joke. Indeed, if Mr. Magu is found to be corrupt, as alleged by the DSS, then the matter should go beyond promptly dropping him from further consideration for the job, but he should also be prosecuted. At any rate, and given the heavily polluted water under the bridge in this case, it is inconceivable for the headship of both the EFCC and DSS to remain unchanged. Corruption-manifesting mainly in economic and financial crimes-may well be the biggest extant threat to Nigerian national security and there is therefore, considerable coalescence in the objectives of both organisations. That there must be complete cooperation between them is therefore, an article of faith for the Nigerian state. However, the headship

"THE SENATE’S HUMILIATING REJECTION OF MR. MAGU, OF COURSE, CAST HIM IN A PATHETIC LIGHT; IT IS ALWAYS A SORRY SIGHT WATCHING THE HUNTER BEING HUNTED DOWN"

of the EFCC and DSS are burdened by deep seated mutual distrust and have freely and openly exchanged charges of lack of integrity. It is thus, unquestionably in our overall national interest, that at least one must be sent away from office. The coach of a professional football team cannot have his two central defence partners not talking to each other and expect anything other than calamitous results. One, if not both, of the central defenders must be sold for the team to make any progress. Unfolding Tragedy of Buhari Presidency One lesson observable from the unfolding tragedy of the Buhari Presidency, is that the problem is all self-inflicted. There were loud protests when President Buhari insouciantly restricted his kitchen cabinet to what could be called a band of ‘Kanuri-Daura and allied’ irredentists. As so insensitively lopsided as the appointments were, I had counselled the exercise of patience and understanding for the taciturn infantry general. If only his kinsmen and women and those of his mother are the persons who would best assist him in getting Nigeria on the right track, then so be it. Well, the jury has returned and the verdict is devastating. Team Buhari is failing spectacularly and it appears that the major reasons are his insularity and nepotism. It does appear that the members of the President’s inner circle of power and influence acknowledge at a subconscious level that, they did not need any qualification more than close family or such ties to him, to occupy their exalted offices. Hence, their seeming lack of determination to justify themselves on the basis of stellar performance and overall merit. It is against this background of insouciance, that we can understand why exalted officers of state would be so oblivious of the responsibilities of appearance on the national stage, and choosing to indulge in their petty personal and or clannish quarrels, to our collective detriment. In this free-wheeling, ethics-free milieu it becomes a legitimate question if the fight against corruption is still alive. The buck however, stops on President Buhari’s desk. At the news of Governor El Rufai’s letter of admonitions to him and listening to Emir Lamido Sanusi’s repeated advice on how Buhari could pick up the baton-which has so obviously fallen from his grasp, one becomes hopeful that the falcon may yet hear the falconer. Otherwise, we may discover to our collective doom that time may have passed for the best advice to Buhari, and which would have been that offered by Thomas Cromwell to Cardinal Wolsey: “Mark but my fall, and that that ruin’d me. Cromwell, I charge thee, fling away ambition; By that sin fell the angels;.....be just and fear not. Let all the ends though aim’st at be thy country’s, Thy God’s, and truth’s.”-Shakespeare, Henry VIII; act III, sc.2. Chijioke Okoli, SAN, former Chairman, Nigerian Bar Association-Lagos Branch.

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for having participated in an appeal filed on behalf of Mumia Abu-Jamal, an internationally acclaimed prisoner, convicted of murdering a Philadelphian Police Officer. Obama was angry, saying they “denied the American people an outstanding public servant”. But that ended the matter. Obama did not say Adegbile should act. Heavens did not fall. Withdrawal of Nominations Some persons have either been withdrawn by Presidents, or withdrew their own nominations, for several reasons. Only in February, 2017, Andrew Puzder, President Donald Trump’s nominee for Secretary of Labour, personally withdrew, because he could not purge himself of allegations of wage theft, sexual harassment against his employees and spousal abuse. When US Senate Refuses to Consider Nominations American history demonstrates numerous times the Senate’s prerogative to decline to take action on nominees for federal office. For example, between 1987 and 1996, a total of 154 presidential nominees for judicial and other senior federal government positions failed, because the Senate held no hearings on those nominations. Heavens did not fall.

List of Nominees Rejected by US Senate So far in US history, successive Presidents have made 160 nominations to the Supreme Court. Only 124 were confirmed. As at 2016, 9 cabinet members have been rejected by Senate; 13 nominations withdrawn, either by the President or by the nominee himself. For example, the Senate has so far rejected Roger Taney, Caleb Kushing, David Henshaw, James Green, Henry Dearborn, James Peter, Thomas Ewing, Henry Stanbery, Charles Warren, Lewis Strauss and John Tower, for various positions of US Attorney General, Secretary of Treasury, Secretary of Navy, Secretary of War (1844), Secretary of Commerce and Secretary of Defence etc. Heavens did not fall. In 1815, Madison named Henry Dearborn, Secretary of War. Dearborn had held that post in Jefferson’s administration, but had later come under attack for his poor military record during the war of 1812. Realising that Senate rejection was inevitable, Madison, to save his face, moved quickly to withdraw the nomination the day after its submission. His action came too late, as the Senate voted to reject him. Heavens did not fall. Conclusion Although the US President has the authority to nominate someone to a cabinet office or to

the Supreme Court, nothing in the Constitution requires the Senate to take any particular action in any particular time frame on that nominee. Federalist Paper 67 makes it clear that the President and the Senate jointly hold the appointment power, which is distinct from the power to merely nominate. This means the Senate is free to exercise its own power as it sees fit, to approve or reject a nominee, or not to act upon a nomination at all. Heavens will not fall. This is the same position in Nigeria. As held in MYERS v UNITED STATES, 272, U.S.52 (1926), although the Senate’s advice and consent is required for presidential appointments of certain executive members, such is not required for their removal. Thus, in the specific case of Ibrahim Magu, Senate must first confirm his appointment, before he can continue to be in office. If the Senate refuses, as it has done, that ends Magu’s tenure. Heavens will not fall. He ceases to be in office in any capacity. “Acting” is not prescribed by, nor, envisaged by section 2(3) EFCC Act. “Acting” is not forever. Can anyone contemplate the bizarre situation where the Senate rejects a Ministerial or Ambassadorial nominee, and the President retains them in office as “Acting Minister” or “Acting Ambassador”? Infra dignitatem. Chief Mike Ozekhome, SAN, OFR, FCIArb, LL.D, Constitutional Lawyer and Human Rights Activist.

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The first Female Senior Advocate of Nigeria, Chief Folake Solanke, CON (Lady SAN) celebrated her 85th birthday last Wednesday, March 29th, 2017. The celebrant presented 2 books titled 'Reaching for the Stars' and 'Selected Essays and Papers on Law & Societal Issues' in commemoration of the day. The event took place at the Civic Centre, Iwo Road, Ibadan. Below are some of the personalities that photos: Kolawole Alli attended...

L-R: Alake of Egbaland, Oba Adedotun Gbadebo, Ogun State Governor Ibikunle Amosun, Celebrant, Chief Folake Solanke, SAN, Ondo State Governor Rotimi Akeredolu and his wife, Betty

L-R: Oyo State Chief Judge, Hon. Justice Moshood Abimbola; Governor Ibikunke Amosun of Ogun State and his wife, Yeye Olufunke

L-R: Book Reviewers, Dr. Mofe Atake, SAN, Ms Funke Aboyade, SAN and Representative of Olubadan, Chief Adebayo Akande

L-R: Mrs. Bimbo Wright, Dr. Yemisi Koya, Feyisope Koya and Dipo Adebo

L-R: Former Chief Judge of Oyo State, Justice Badejoko Adeniji and Chief (Mrs.) Abiodun Wright Osibogun

L-R: Former D.G, Nigerian Stock Exchange, Dr. Ndi Okereke Onyuike, Chief Folake Solanke SAN and This Day Law Editor, Mrs. Onikepo Braithwaite

L-R: Agba Akin Olubadan, Oloye Lekan Alabi; Prof. Obaro Ikhime and his wife, Hannah

Hon. Justice M.L. Owolabi (left) and Hon. Justice G.A. Sunmonu

L-R: Professor Bimpe Aboyade, Ms Funke Aboyade, SAN and Mr. Akin Delano

R-L: Fomer President, IOD, Ms. Bennedikter Molokwu; Mrs. Doyin Rhodes-Vivour and Mrs. Edith Idiata

Mr. Dele Adesina, SAN and This Day Law Editor, Mrs. Onikepo Braithwaite

Wife of former governor of Ondo State, Mrs. Olufunke Agagu and Chief Wole Olanipekun, SAN

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04.04.2017

Folake Solanke SAN... Commander of Our Respect Book Review Title: Author:: Reviewer:

Selected Essays and Papers On Legal and Societal Issues Chief Folake Solanke, SAN Funke Aboyade, SAN

y task is at once quite simple and most difficult. Simple because I have been allotted a time frame of 15 minutes to undertake this review. Difficult because how on earth does one fully and adequately epitomise and capture within 15 minutes this legend in whose honour we are all gathered to celebrate God’s glory upon her long and useful life? How does one capture not just the essence of the book but of the woman, the legend, the legal practitioner, the first female Senior Advocate of Nigeria, this woman of many firsts? For capture and convey the essence of the author we must, if we are to even begin to appreciate the fine words she has committed to paper and immortality. Difficult because one is utterly spoilt for choice at the rich pickings on offer in this seminal work. Difficult because of all the senior members of the profession that she could have chosen the burden and the honour fell upon me to discharge this duty. Dare I say, I can hazard a guess why? But it may amount to conjecture. Suffice to say that I stand here before you suitably humbled and honoured. My relationship with the author goes back all of my 53 years plus on earth. She knew me first, we can say, en ventre sa mere – in my mother’s womb. And so when I received from Mum SAN ‘a request by way of a command’ to review this book I concluded there was no way out. I will not be reviewing necessarily chapter by chapter, for the issues and salient points flow and weave and intertwine effortlessly into chapters. The book is a selected compendium or microcosm of the author’s public speaking life; that is why I insist that an understanding or review of this gem necessitates an understanding of the author. As we gather here to celebrate this icon of the law on her 85th birthday, what better way to catch glimpses of her than through her own words? Those glimpses come fairly rapidly and early on in the book. On the very first page we learn of her policy ‘to relate well as a human being with all staff from the highest cadre to the lowest, but certainly without prejudice to discipline’. On page 2 we learn that though she has held many offices and positions, many of them firsts, of all of those - make no mistake - law is primus inter pares. ‘For me the law has become a culture, a lifestyle, almost an addiction – so enamoured I am of the law!’ By the 6th page we know she’s someone who demands that women be allowed to take up their rightful places in society. Speaking of the Nigerian Media Council Decree No. 59 of 1988 she queries why only one woman is found worthy of a position or role in a proposed council of 18 members, given that journalism – like law – has been blessed with many outstanding female practitioners. The activist in her then demands in righteous indignation, and not a little bit of irritation, ‘Maybe the one position identified for women should be chairman!’ No one ever accused Mum SAN of not ever going for the best! In 11 short pages we get an unmistakable glimpse of Folake Solanke the activist (doubly so when one realises this was during a military regime), the challenger, the one who relates to others including underlings with no airs and graces. And the author as quite the quintessential dry wit, subtle and self-deprecating. As we all know or should know, that is the distinguishing feature of the well-bred, well- educated, upper

class Englishman or woman. Uncanny that 21 years after she admonished the following at a Special Court sitting for a retiring Judge of the Oyo State High Court to wit, that the entire legal profession ‘has a responsibility to take remedial action to eliminate the root cause of negative perceptions which may lead to loss of confidence in the judiciary and/or diminish the authority of the courts’, we are where we are today... ‘We should not leave this place just to continue business as usual’. Well we did, and we are where we are today, with not just senior Judges but senior lawyers under fire and in the dock literally. Well if her shock way back in 2005 ‘O ye gods!’ at the rumours and accusations of judicial corruption is anything to go by, I leave to your imagination her reaction to the present situation! If in 2005 she referred to June 21 2005 as a day of infamy - a day in which a lawyer made, in her words, ‘the mother and father of all accusations’ openly at the Supreme Court against the CJN and his brother Justices, then one wonders how she would describe the day a Justice of the Supreme Court was docked. And if in 2010 she ‘nearly collapsed’ upon spotting the blazing headline of Tell magazine, ‘Justice for Sale’. Again, O Ye gods! By now we know that is an expression of the height of her pain! And if as far back as 2006 she raised a May Day alarm over our legal/judicial system. It’s ironic that though she notes in her remarks on Salvaging the Legal Profession that ‘courts are not theatres, applause is out of place’ I was a witness at the Supreme Court at the swearing-in of new Senior Advocates when she as the most senior member of the bar spoke in such eloquent and passionate terms that even lawyers who should know better broke into spontaneous applause when she finished! As for her admonition that expressions like OK, Yah and Hi have no place in our professional language, I am constantly trying to instil same in all my lawyers. Unfortunately, what the author refers to as a ‘soul-destroying’ experience on visiting the Oshogbo High Court in 1996 is the lot of many state High Courts across the country even today. Odd that her admonition 12 years ago that ‘if the courts are discredited, justice will go on vacation and chaos and mayhem will take its place’ is today also suited for the world’s sole remaining super power and bastion of democracy! Trump’s reference to the ‘so-called judge’ who overturned his travel ban. Who’d have thought it? Astonishing that the Apo Six trial which she referenced has only just now been concluded 12 years after her remarks and even then with more questions than answers. General notes: On a lighter note 2010 NIALS lecture trying to visualise her saying, quoting The Punch, ‘Why is dis country going jaja-jaga?’ I totally fail; I simply can’t picture her dropping her ‘th’, even if I can barely picture her saying jaga-jaga! One howls with laugher, and perhaps some pain, when she compares some of our legislative proceedings to ‘a brawl in the boxing ring or a gladiator’s contest in an arena in Ancient Pompeii!’ She asks of our ever burgeoning numbers of political appointees, ‘Pray thee, how many of them do we need? ‘One wonders what she

"INDEED, SHE IS NOT ONLY COMMANDER OF THE ORDER OF THE NIGER, CON, BUT COMMANDER OF OUR RESPECT, COR!"

would now make of our neighbour Ghana’s recent decision to appoint 110 ministers in one fell swoop! The social and criminal vices she agonised over way back in 2010 (kidnappings, bombings) and which she described as thriving and lucrative, I wonder what she would say now. Let me hazard a guess: O ye gods! Her love of the scriptures shines through her collection. Perhaps because English Common Law from whence we derive our legal system borrowed significantly from, and was influenced by, Canon Law. She points out that our customary law has the basic attributes of justice Osika eniyan ni o ngbo ejo enikan dajo (audi alterem partem). That she’s a lover of the law also shines through the compendium vide her not infrequent reference to it as the one and only profession. Her elegant and heartfelt style of writing is inescapable vide ‘it grieves the heart, depresses the soul and tortures the mind’. Thematic Issues: Etiquette pertaining to lawyers; proper dressing; extending and receiving courtesies; humility; deplorable leadership bar; justiciability of directive principles of state policy of the constitution its flowery pretensions a curse on the constitution (verba, verba, verba recurs); just laws for the greater good; a teacher of Latin and Maths her logic, analysis and generous use of Latin; constant references to the Scriptures and how law and justice derive largely from it; lover of our rich culture; lover of history and literature - even a paper on Women in Politics presents an opportunity to delve into history and educate us about the Queen of Sheba and the author’s tongue-in- cheek reference to the age long vexed question as to whether she and King Solomon were lovers; lover of the arts, et cetera et cetera. More Insights into the Author: As the true Yoruba daughter that she is, Yoruba proverbs are not left out Eniyan kan lo nbimo, igba eniyan lo nwo. Nor the pain and anguish of the loss of our indigenous languages to our children in foreign lands. ‘A race without language is a

race without culture. I am proud to say that my Yoruba culture sustained me everywhere’. That her papers are always so well researched reveals an industrious and meticulous mind. We see through her speeches, Folake Solanke as Senior Advocate, leader, master of the art of masterly understatements, activist, politically well aware, foremost constitutional lawyer, lover of the law, inspired by Scripture, mother, master of logic, philosopher, teacher, caring, empathising, up-lifter of women, an all-rounder, a mind that is constantly learning and teaching, encourager, courageous, environmentalist. Indeed, she is not only Commander of the Order of the Niger, CON, but Commander of Our Respect, COR! Whether it’s talking to an audience of lawyers or judges or secondary school students or law students or social clubs or professional associations or institutes of learning or media practitioners, or animal rights and game management interests, she strikes a chord, hits just the right note, from Ibadan to Helsinki to Alaska and all the cities in between. One wonders just how she has managed to live this very full, enriched life of no mean breadth and experiences. Conclusion: I end with a confession. When I first received the manuscript my heart sank. How on earth was I going to wade through in the time frame and come up with anything sensible, much less ‘shine’ as the author had commanded? However, as I began to read (having wasted two precious days just beholding the pile and dying a thousand deaths before my death) it took me no time at all before I was drawn by the author’s compelling way of writing. I have no intention of spoiling the book for this attentive audience by going over it with a fine toothcomb; indeed, my duty is to titillate you in enough measure in a way that you do the honours yourselves. The pleasure of reviewing this book is all mine. It was, if I may say so myself, great gain. Excerpts from the book review by Ms Funke Aboyade, SAN at the 85th birthday celebrations of Chief Folake Solanke at Ibadan, last Wednesday

04.04.2017

THE LIGHTER SIDE/13

LEGAL HUMOUR An airliner was having engine trouble, and the pilot instructed the cabin crew to have the passengers take their seats and get prepared for an emergency landing. A few minutes later, the pilot asked the flight attendants if everyone was buckled in and ready. "All set back here, Captain," came the reply, "except one lawyer who is still going around passing out business cards." ••• When the man in the street says: "If it ain't broke, don't fix it," the lawyer writes: "Insofar as manifestations of functional deficiencies are agreedbyanyandallconcernedpartiestobeimperceivable, and are so stipulated, it is incumbent upon said heretofore mentioned parties to exercise the deferment of otherwise pertinent maintenance procedures." •••

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

Dear Counsel, I believe that your explanation on this issue would help clear the air on this highly vexatious incident. A few days ago, I was amongst the numerous members of a trade union which went on a symbolic solidarity procession, in front of the premises of a printing company. Many of our union members in the company, were unlawfully relieved of their jobs. The authorities didn’t seem to pay any attention to our several calls to reinstate them. We therefore, went on a peaceful procession to press home our call. But unexpectedly, some of our officials were rounded up by the police, and detained for three days. They were charged to the Magistrate Court and told that they violated the Public Order Act. We are rallying round our leaders in this matter, but what is your advice, are we make further plans on what to do? Comrade D.O., Lagos

Federation of Nigeria ‘Section 2. states that ‘Any police officer of the rank of Inspector or above may stop any assembly, meeting or procession for which no licence has been issued or which violates any conditions of the licence issued under section 1 of this Act, and may order any such assembly, meeting or procession which has been prohibited or which violates any such conditions as aforesaid to disperse immediately.’ Also, S.3. states thus: ‘Any assembly, meeting or procession which - (a) takes place without a licence issued under section 1 of this Act; or (b) violates any condition of any licence granted under section 1 as aforementioned; or (c) neglects to obey any order given under section 2 of this Act, shall be deemed to be an unlawful assembly, and all persons taking part in such assembly, meeting or procession, and in the case of an assembly, meeting or procession for which no licence has been issued, all persons taking part in the convening, collecting or directing of the assembly, meeting Dear Comrade D.O., or procession, shall be guilty of an offence The Public Order Act has in recent times, turned and liable on conviction to a fine of N1,000 out to be one of the most contentious laws in or imprisonment for 6 months or to both such our statute books. There are still a number of fine and imprisonment.’ cases before the courts on the clear and proper Human Rights Activists have filed many suits in interpretation of the Act. But as it stands today, the different hierarchies of the Nigerian Courts, it does appear that for any assemblage of that challenging this law. The numerous Human nature to be lawful, a police permit is required. Rights lawyers in Nigeria would gladly take up Public Order Act, Chapter 382 Laws of the this matter on your behalf, absolutely for free.

In the USA, everything that is not prohibited by law is permitted. In Germany, everything that is not permitted by law is prohibited. In Russia, everything is prohibited, even if permitted by law. In France, everything is permitted, even if prohibited by law. In Switzerland, everything that is not prohibited by law is obligatory. ••• A junior partner in a firm was sent to a far-away state to represent a long-term client accused of robbery. After days of trial, the case was won, the client was acquitted and released. Excited about his success, the attorney telegraphed the firm: "Justice prevailed." Theseniorpartnerrepliedinhaste:"Appealimmediately." ••• A witness to an automobile accident was testifying. The lawyer asked him, "Did you actually see the accident?" The witness: "Yes, sir." The lawyer: "How far away were you when the accident happened?" The witness: "Thirty-one feet, six and one quarter inches." The lawyer (thinking he'd trap the witness): "Well, sir, will you tell the jury how you knew it was exactly that distance?" The witness: "Because when the accident happened I took out a tape and measured it. I knew some annoying lawyer would ask me that question." ••• An old man was on his death bed. He wanted badly to take some of his money with him. He called his priest, his doctor and his lawyer to his bedside. "Here's $30,000 cash to be held by each of you. I trust you to put this in my coffin when I die so I can take all my money with me." At the funeral, each man put an envelope in the coffin. Riding away in a limousine, the priest suddenly broke into tears and confessed, "I had only put $20,000 into the envelope because I needed $10,000 for a new baptistery." "Well, since we're confiding in each other," said the doctor, "I only put $10,000 in the envelope because we needed a new machine at the hospital which cost $20,000." The lawyer was aghast. "I'm ashamed of both of you," he exclaimed. "I want it known that when I put my envelope in that coffin, it held my personal cheque for the full $30,000."

FIDA Challenges CJN on War Against Corruption in the Judiciary Hammed Shittu in Ilorin The International Federation of Women Lawyers (FIDA) at the weekend called on the Chief Justice of Nigeria, Justice Walter Nkanu Onnoghen, not to relent in the present war against corruption particularly in the Judiciary. The Chairperson of Kwara State branch of FIDA, Hajia Salmat Iyabo Mohammed who made the call in Ilorin, Kwara State, said that, “If the war is eventually won, the credibility which the Judiciary commanded in the past, would be regained". Hajia Mohammed also urged the Chief Justice of the Federation to ensure that only credible, hard working, knowledgeable and transparent judicial officers are appointed as judges in either State High Courts, Appeal or Supreme Courts, so as not to doubt, embarrass or put the Judiciary in disputes. The chairperson of FIDA said members of the association are fully in support of the ongoing cleansing in the

Nigerian Judiciary, but cautioned against intimidating or exposing senior judicial officers to public embarrassment. She explained that, “Anybody facing trial is still innocent until proven guilty by a competent court of law hence, the need to handle such suspects with due judicial process”. The legal practitioner who appealed to judicial officers to put in more effort in the discharge of their duties, described Hon. Justice Onnoghen as a man of honour and a judicial officer that has proven himself to be corruption-free. The chairperson urged him to maintain the status quo ante and appealed to others in the judiciary to emulate him. Answering another question, the FIDA chairperson suggested that a stiffer penalty and accelerated hearing should be passed on anybody found and confirmed guilty of rape. She lamented that there are now rampant cases of female to female, male to male and even father to daughter

rape cases, which she described as most disheartening and embarrassing. Hajia Mohammed enjoined mothers to take proper care of their female children in particular, and condemned the idea of keeping female children in the custody of male house helps or even uncles. The FIDA chairperson who is the Director, Legal Services in Ilorin West local government council of the State, blamed today's rampant cases of broken homes to the worsening economic situation in the country, and lack of deep understanding between partners before going into marriages. She announced that the National Executive Council (NEC) meeting of FIDA would hold in Ilorin in April this year, adding that, the event would equally coincide with the State FIDA Law Week and launching of the Women Center. She also commended the support of the wife of the Kwara State Governor, Deaconess Omolewa Ahmed, to the association.

14/

04.04.2017

THE TRANSACTION

GREG NWAKOGO

greg@rosberglegal.com

Is Foreign Direct Investment Overrated?

Trade Mission to UK once attended a trade mission to the United Kingdom, which was organised by a bilateral chamber of commerce. At one of the forums, a speaker noted that investors are wary of investing in Nigeria, as successive governments are reluctant to follow through with projects commenced by their predecessors. I clarified then that Nigeria is signatory to over 28 Bilateral Investment Treaties, hence with proper advice investors can be protected from unilateral actions of government, as proceedings for enforcement of contracts entered into with government entities, can be carried out in the international legal sphere by arbitration under the auspices of the International Centre for the Settlement of Investment Disputes (ICSID). I made a good point, at least, I was told so by many of the participants. I knew however, that investors are not interested in getting involved in any form of dispute resolution, irrespective of how credible the process might be. They would rather do business and repatriate their funds without hassles. The very possibility of having to resort to a process of seeking redress before they can get the benefit of the proceeds of their investment, is antithetical to commercial mind-set. Well, that point was not for me to make at that forum. I was part of a delegation meant to showcase Nigeria as a viable place to do business. Mark Zuckerberg, CEO Facebook On another note the CEO of Facebook, Mark Zuckerberg was in Nigeria some time ago. His appearance in Nigeria was hailed in many quarters as setting an example in humility for Nigerian Billionaires. It was reported that Mr. Zuckerberg came into the country without any elaborate protocol and went to ordinary places where he met with the locals. He was reported to have been sighted in the “hinterlands”, as well jogging on the streets of Lagos, defying the negative publicity that Nigeria has received in some foreign media as not being safe due to terrorist activities. Indeed, it was rumoured that Mr. Zuckerberg did not visit the Presidential Villa initially, as it was not part of his itinerary and that it was much later that he was made to fulfil that protocol. Whilst some believed these acts underscore his humility and humanness, others believed Mr. Zuckerberg is a shrewd business man, who came looking for where his bread was buttered. Indeed, I came across a comment analysing this issue, which said that investors do not need to be encouraged to invest in any economy, but that investors are like ants who know where the sugar is. These two incidents raise issues as to the plausibility of image making for Nigeria, as a viable destination for Foreign Direct Investment (FDI). Is it a worthy venture for the Nigerian public and/or private sector to devote time and resources to actively seek and attract FDI via trade missions and investment roadshows, or should investments be attracted by our having appropriate structures and policies in place? Better still, should we forget about FDI and look inwards for investments? Deﬁnition of FDI FDI refers generally to investments made to acquire lasting interest in enterprises operating outside of the economy of the investor. It has been suggested that the “direct investor” ought to have at least 10% of equity ownership, and/or maintain

an effective voice in management in a “direct investment enterprise” to qualify as a foreign direct investor. In the Case of SALINI COSTRUTTORI S.P.A. AND ITALSTRADE S.P.A. v MOROCCO (ICSID Case No. ARB/00/4), Decision on Jurisdiction of 23 July 2001. 42 ILM 609 (2003) it was decided that, for a venture to be classified as an FDI, there must be the expectation of a relationship of a certain length of time between the foreign investor and the state, the regularity of profits and returns, assumption of risks by one or both parties, and a substantial commitment by the investing party in a venture or project that would normally have significance for the development of the host state. Advantages of FDI FDI is advantageous in that it causes growth in the economy of the host country, and improves standard of living for its populace. It causes a rise in the income of the receiving country, propelled largely by the creation of more jobs and opportunities to earn higher wages. It is also a source of healthy competition for domestic businesses, therefore indirectly ensuring that they improve the quality of goods and services rendered. Foreign technology, expertise, skills and ideas are also imported thereby. New jobs are created and the attributes gained by sharing experience and training increases the education and overall human capital of a country. It also facilitates access to foreign markets. Inevitably, FDI improves the integration of the host country X major role in driving foreign investments. They generally promote the development of trade, commerce, investment and industrial technological relationships between the public and private sectors of two countries. They promote and encourage contacts, mutual understanding and ethical business relationships, between host countries and nationals of other countries, they promote the consideration of all matters relating to trade, commerce and investment and com-

municate and circulate such information to their members, in both countries. They also advice governments on matters pertaining to trade relations between their respective countries. Nigeria's Generous Disposition to FDIs Nigeria’s antecedents show a generous disposition towards the protection of FDI. These range from its barrage of local legislations in this regard, its being signatory to International Conventions and Investments Treaties, as well, Bilateral Investment Treaties and Multilateral Investment Treaties. One significant convention is the “Convention for the Settlement of Investment Disputes between States and Nationals of Other States’ (ICSID Convention) which established the International Centre for the Settlement of Investment Disputes (ICSID), an arbitral institution under the World Bank Group. As a protective measure to discourage a party from frustrating the dispute resolution process, under the ICSID provisions, where either party refuses to appoint an arbitrator, the ICSID itself will appoint an arbitrator for such party. Also, in an instance where a party fails to cooperate, the proceedings will continue notwithstanding, and the party will be bound by the award- such award cannot be reviewed, set aside or varied by a domestic court. This Convention has been enacted as a domestic legislation under the International Centre for Settlement of Investment Disputes (Enforcement of Awards) Decree No. 49 of 1967. Also, the Bilateral Investment Treaties (BITs) Nigeria has entered into, provide a measure of protection for FDIs. Indeed Nigeria is signatory to 28 BITs, although not all are in force at the moment, it buttresses the conscientious effort at protecting investments. Indeed the fear that FDIs are not protected should not arise as far as Nigeria is concerned, as there has been reasonably

"FDI IS ADVANTAGEOUS IN THAT IT CAUSES GROWTH IN THE ECONOMY OF THE HOST COUNTRY, AND IMPROVES STANDARD OF LIVING FOR ITS POPULACE. IT CAUSES A RISE IN THE INCOME OF THE RECEIVING COUNTRY, PROPELLED LARGELY BY THE CREATION OF MORE JOBS AND OPPORTUNITIES TO EARN HIGHER WAGES"

sufficient efforts at protecting FDIs. Finally, Multilateral Investment Treaties, such as the ECOWAS treaty, provide further protection for FDIs in Nigeria. Chapter 10 of the ECOWAS Energy Protocol imposes an obligation on contracting member states, to ensure that they do not impair the Investments of other member states by unreasonable or discriminatory means. Art. 26 of the Protocol also provides investors with the option of submitting disputes arising thereof to either ICSID, United Nations Commission on International Trade Law (UNCITRAL) or the Organisation for the Harmonisation of Trade Laws in Africa (OHADA); and by assenting to the Protocol, member states are deemed to have given their unconditional consent to the submission of the dispute to international arbitration. Whilst there is ample protection for Foreign Direct Investments in Nigeria flowing from the barrage of local legislations, International Conventions, Bilateral Investment Treaties and Multilateral Investment Treaties, Nigeria yet appears to be begging for FDI. Some commentators have argued the plausibility of such efforts. Should we continue to lure investors through roadshows and trade missions, or should Nigeria and indeed Africa, like a beautiful bride, continue to mind its business and perhaps a groom who fancies her should come knocking. Africa is endowed with natural resources and even more so with human capital resources. Hence I find quite inspiring the concept of Africapitalism, which is an economic philosophy first recapitulated by Nigerian Philanthropist and private investor, Tony O. Elumelu, CON. Africapitalism postulates that the African private sector has the power to transform the continent through long-term investments, creating both economic prosperity and social wealth. Wikipedia reports that the neo-capitalism philosophy, most closely associated with Africapitalism, is the theory of "creating shared value", a concept defined in a Harvard Business Review article titled "Creating Shared Value: Redefining Capitalism and the Role of the Corporation in Society" written by renowned economist, Professor Michael E. Porter and Mark R. Kramer of the John F. Kennedy School of Government at Harvard University. The central premise behind creating shared value, is that the competitiveness of a company and the health of the communities around it are mutually dependent. I most certainly agree with the tenets of this kind of capitalism, perhaps this is truly what Africa needs. Perhaps this would make Africa to be more attractive to Foreign Direct Investors. I have identified the advantages of FDI. I also noted the advantages of bilateral trade chambers and their efforts at encouraging cross border investments. Further, I restated briefly the legal framework for the protection of FDI in Nigeria, which in my opinion, is judicious. FDIs are good and so are efforts to look inwards for investments. Posers I make no conclusions but leave posers. If we are for FDI, then at what cost? Must we bend over backward to get it? If we must look inwards for investments, also at what cost? Is it easy; is it feasible? Indeed Foreign Direct Investors who want to invest in Nigeria have little or nothing to worry about, as there are considerable protections for FDI. Having said that, I agree that investors do not need to be encouraged to invest in any economy and that investors are like ants who know where the sugar is.

04.04.2017

/15

INSIGHT ABUBAKAR D. SANI

xL4sure@yahoo.com

Still on Malabu: Is FG Estopped from Pressing Charges?

he Federal Government (FG) has reportedly charged some senior officials of oil giants Shell and Agip, along with two former Ministers - Dan Etete and Mohammed Bello Adoke, SAN some Nigerian companies, including Malabu Oil Co. Ltd., as well as the multinational companies themselves, with corruption arising from the payment of over $1billion (one Billion) U.S. Dollars in connection with Oil Prospecting Licence (OPL) 245. This is the second of such charges, an earlier set, under the MoneyLaundering Act, having been filed against the same defendants - with the exception of Shell, Agip and their said officials - in December 2016. The current charges were brought under the Independent Corrupt Practices and other Related Offences, Act 2000. However, it has since emerged that an agreement made in November, 2006 by the FG through a former Minister of State for Petroleum Resources under the Obasanjo regime, Dr. Edmund Daukoru, explicitly gave Malabu exclusive beneficial interest in, and the right of disposal over the said oil block. In return for certain concessions by Malabu, the FG categorically restored Malabu’s pre-existing title to the block, in addition to foreswearing all further claims to the block. What is the legal effect of the agreement? Does it invalidate the charges and/or the purported revocation of the oil block by the FG? The issues are analysed in this piece. Background Before going further, however, it is essential to appraise the said agreement. It was made on the 3rd day of November, 2006 between Malabu and the FG, and signed on behalf of the FG by the said Dr. Edmund Dankoru, in his capacity as Minister State for Petroleum Resources; it is in respect of OPL 245, whose disposal by Malabu is the subject-matter of the criminal charges filed by FG against Shell, Agip, Malabu, et al. The terms of the agreement (titled “Settlement Agreement”) are all-important; they include the following:- That in the spirit of an amicable settlement and without any admission of liability , the FGN agrees to re-allocate the oil block known as and covered by oil prospecting licence 245 (called OPL 245) to Malabu within 30 (Thirty) days from the date of the Agreement; - That the signature bonus for OPL 245 shall be the sum of US$ 210,000,000 (Two Hundred and Ten Million U.S. Dollars) payable by Malabu to the FG. The FG acknowledged that Malabu had hitherto paid the sum of US$ 2,040,000 to the FG in respect of this oil block; this sum shall be deducted from the aforesaid signature bonus leaving a balance of US$207, 960,000 to be paid by Malabu to the FGN within 12(twelve) months from the date of the reinstatement of OPL 245 to Malabu; - That Malabu is at liberty to assign OPL 245 or any part thereof;

Mohammed Bello Adoke, SAN

Dan Etete

- That immediately the agreement is executed, Malabu shall withdraw, discoutinue and terminate its appeal No. CA/A/99/M/06 pending against the FG at the Court of Appeal, Abuja. A letter, subsequently written by the same Minister on the issue, dated 2nd December, 2006, is similar in content to the agreement - it merely reiterates and conveys the latter.

the latter is estopped not only from continuing to stake any claim to OPL 245, but – at least from the perspective of the defendants in the criminal charges - from denying that Malabu had the exclusive legal right to dispose of the block. In other words, the Federal Government is estopped from asserting that the divestment by Malabu from OPL 245 and the sum of US1.1 billion paid for it by Shell and Agip were criminal or unlawful - the very essence of the charges laid by the FG in connection with it.

Legal Effect of the Settlement Agreement It can be seen that the agreement by the Federal Government to re-allocate OPL 245 to Malabu was subject only to two conditions: i. the payment by Malabu of signature bonus in the sum of US$207,960,000; and ii. the withdrawal of Malabu’s case against the FG at the Court of Appeal. In return, Malabu was granted full proprietary rights over the block - including the right to dispose of or alienate it. It is important to emphasise these conditions because, in my view, the validity of the Federal Government’s present position - including the criminal charges - depends wholly on their legal implication. In other words, it depends, in my view, on whether Malabu paid the signature bonus and withdrew its said appeal. These are the absolute minimum conditions precedent to Malabu making a successful claim for the enforcement of the terms of the agreement and, more importantly, for defeating any criminal charges allegedly arising from its disposal of the said oil block. Assuming Malabu paid the said signature bonus and withdrew its appeal against the FG, I believe

What is Estoppel? The law on estoppel in Nigeria is codified in Section 169 of the Evidence Act, 2011; it provides thus: “When one person has either by virtue of an existing court judgement, deed or agreement, or by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief neither he nor his representative in interest shall be allowed, in any proceedings between himself and such person or such person’s representative in interest, to deny the truth that thing” Of the four kinds of estoppel recognised under Nigerian law (see OYEROGBA v OLAOPA (1998) 12 CNJ 122), I believe that by virtue of the said agreement of 3rd November, 2006 one of them, estoppel by deed or estoppel by conduct, applies to the relationship between the FG and Malabu and its privies (the other defendants in the criminal charges) vis-à-vis OPL 245. The conditions laid down by the apex court for the application of the principle in a

"AS LONG AS MALABU COMPLIED WITH THE TERMS OF ITS AGREEMENT IN RESPECT OF OPL 245 BY PAYING THE SIGNATURE BONUS OF US$207,960,000 IN ADDITION TO WITHDRAWING ITS APPEAL AGAINST THE FG AT THE COURT OF APPEAL, IT WOULD BE UNCONSCIONABLE AND INEQUITABLE, FOR THE FG TO BEHAVE AS IF IT NEVER MADE THE SAID AGREEMENT"

plethora of cases, exist in this case. This is because, where one party (in this case, the FG) has by his words or conduct made to the other (in this case Malabu) a promise or assurance (the said agreement), which was intended to affect the legal relations between them and to be acted on accordingly, then once the other party has taken him at his words and acted on it (in this case by Malabu paying the signature bonus and withdrawing its appeal), the law will not allow the one who gave the promise (the FG) afterwards to revert to their previous positions, as if no such promise or assurance had been made by him. See ATT-GEN. BENDEL v ATT-GEN FED. (1981) 10S.C Reprint, pg. 1 In circumstances not dissimilar to the instant one, in ATT-GEN OF RIVERS STATE v ATT-GEN OF AKWA IBOM & ATT-GEN OF THE FED (2011)8 NWLR pt. 1248 pg. 31, the Supreme Court forcefully reiterated the application of estoppel to agreements freely made by parties. In that case, the apex court held that it was inequitable and unconscionable for the Federal Government to renege on an agreement with the Rivers and Akwa Ibom State Governments for the sharing of revenue from certain maritime oil wells. The Court held that the FG was estopped from doing so. Conclusion As long as Malabu complied with the terms of its agreement in respect of OPL 245 by paying the signature bonus of US$207,960,000 in addition to withdrawing its appeal against the FG at the Court of Appeal, it would be unconscionable and inequitable, for the FG to behave as if it never made the said agreement. Accordingly, the FG cannot now disown the promise it made to Malabu in the agreement, i.e., that the latter was at liberty to assign OPL 245 or any part thereof. I believe that it is in this light that the receipt by Malabu of the sum of US$1.1 billion from Shell/Agip through the FG’s own escrow account operated by the Federal Ministry of Justice – must be viewed. If that is done – as I submit forcefully that, it should be - the irresistible conclusion would be that the charges filed by the FG in connection with the said payment are untenable and invalid. Dr. Daukoru is currently a traditional ruler in Bayelsa State; he has not denied executing the agreement on behalf of the FG. No court will permit a party to resile from an otherwise valid and binding agreement, simply because he or she is no longer comfortable with it. As the apex court aptly put it in ATT-GEN RIVERS v ATT-GEN OF AKWA IBOM (Supra), parties are bound by the terms of an agreement which they freely made, as this is the whole essence of the doctrine of sanctity of contracts or agreements. The apex court added, for effect, that unless that legal principle is strictly applied, great uncertainty will result if a person who appeared to have agreed to certain terms, is allowed to escape liability simply by showing that he had no real intention of adhering to those terms.

16/

04.04.2017

Does He have a Future as a Clown?

T H I S D AY ˾ TUESDAY, APRIL 4, 2017

POLITICS

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

EXECUTIVE BRIEFING

PDP’s Turbulent Road to Reconciliation The report of the Seriake Dickson led-Reconciliation Committee, though not perfect, provides an opportunity for the waring factions of the Peoples Democratic Party to come together and rebuild their party, Onyebuchi Ezigbo reports

Sherrif......accepts Dickson committee’s report

ixed reactions continued to trail the presentation of Governor Seriake Dickson’s reconciliation committee’s report and recommendations with both sides in the lingering conflict in the Peoples Democratic Party (PDP) taking opposing views on the key proposal to hold a unity national convention on or before June 30. Apart from recommending a unity national convention, the committee suggested the composition of a planning committee which would include seven governors, seven senators, including the Deputy Senate President, Ike Ekwerenmadu, 12 members of the Representatives, six Board of Trustees members, former governors, national vice chairmen, three state chairmen from each zone and six Speakers of states’ Houses of Assembly. Other members of the proposed convention committee are, 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 who are members of the party as well as 12 others to be nominated by the National Chairman in consultation with stakeholders. One of the recommendations of the reconciliation committee is that the convention committee shall be responsible for the conduct of the elections to all national offices of the party including the zoning of such offices. As part of the sacrifice to be made in order to re-position the party, the committee

proposes that any national officers who insist

Apparently because of the rivalry and antagonism between the two warring factions, the report was initially drawn into controversy and its good intentions were almost overshadowed by the anger from those on the side of the National Caretaker Committee who felt some how betrayed by Dickson’s decision to ﬁrst submit the report to the Sheriff-led PDP leadership

that their tenures still subsist beyond the date suggested for the convention should be persuaded to relinquish their claim and step down in the interest of the party. The committee’s report also proposes that 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 should be deemed validly elected except for the election held in some states that were declared by the National Executive Committee (NEC):as inconclusive. That the proposed national convention should hold as soon as possible and not later than 30th June 2017. Prior to the constitution of the Dickson’s committee, there had been other futile attempts to reconcile the warring factions. A former president, Dr Goodluck Jonathan had even suggested that both Ali Modu Sheriff and Ahmed Makarfi relinquished their respective claims to the party leadership. However, multiple cases pending in various courts with judges giving conflicting decisions made a political resolution of the conflict difficult. Addressing journalists shortly after submitting his report to Sheriff, the Bayelsa State governor said that his committee had been busy meeting with stakeholders of the PDP to brainstorm on ways to achieve peace. He advised leaders of the party to explore all avenues for amicable settlement of the dispute rather than the resort to litigation. According to him, the pursuit of legal options could be very divisive and may further make it difficult to bring the resolution of the dispute into finality.

He said: “But we feel that the realities facing the PDP now are such that making peace has become an imperative both for the party and the Nigerian democracy”. Notwithstanding the set-backs witnessed in getting all the parties to the conflict to be on same page, the governor and the reconciliation committee remained confident that they would be able to convince all relevant stakeholders to support a unity convention. Sheriff’s immediate reaction to the reconciliation committee report was instructive. He accepted the recommendations of the committee’s report which had validated his position as the chairman of the party in line with the Court of Appeal decision. He said that he and his National Working Committee (NWC) would meet to approve a road map for the conduct of congresses in six states where the congresses did not hold before the crisis. He said: “We will round off consultation within two weeks and come up with firm program for the party. The national convention will hold much sooner than what any one of you is thinking. I won’t contest but I will make sure that the right kind of people accepted by generality of Nigerians are elected,” However, on his part, the chairman of the National Caretaker Committee, Senator Ahmed Makarfi spurned the Dickson’s report, describing the committee’s position as biased in favour of Sheriff. Makarfi accused Dickson of failing to keep faith with an earlier agreement with the caretaker committee that the report should be first referred to major organs of the party for their input and consideration

T H I S D AY ˾ TUESDAY, APRIL 4, 2017

POLITICS

Makarﬁ.....wants relevant organs of the party to consider report

before being made open. Makarfi also faulted Dickson’s position that Sheriff should be recognised as the national chairman based on the court pronouncement and that every other person should work with him to implement the peace template as recommended by the reconciliation committee. Meanwhile both groups remained sharply divided and continued to lay claim to the leadership of the party with Sheriff taking over the national secretariat in Abuja to the anger of the Makarfi group. At the time, former President Goodluck Jonathan had met separately with Makarfi and Sheriff as well as members of the Board of Trustees (BoT) led by Senator Walid Jibrin to see how the crisis could be resolved politically but not much came of the intervention. Apparently because of the rivalry and antagonism between the two warring factions, the report was initially drawn into controversy and its good intentions were almost overshadowed by the anger from those on the side of the National Caretaker Committee who felt some how betrayed by Dickson’s decision to first submit the report to the Sheriff-led PDP leadership. While, the Appeal Court-recognised national chairman, Sheriff accepted the recommendations of the reconciliation committee and pledged his readiness to abide by them, the National Caretaker Committee-led by Senator Makarfi said it would accept it only after all the organs of the PDP had considered and approved. However determined not to let this rare opportunity of a political settlement passed by, the Bayelsa governor braved the odds and brushed aside personal ego to listen and attend to the demands of both sides. The governor visited and consulted with various leaders and organs of the party, explaining to them the contents of his committee’s report. Dickson’s effort seemed to have paid-off as the controversy that trailed the report gradually gave way to a realistic engagement on the key issues raised in the report by all the stakeholders of the party. The turbulent reconciliation process last week showed signs of reprieve as both Sheriff and Makarfi signed a ceasefire agreement to stop the verbal attacks against each other. The factions not

only accepted to end altercations but agreed to work together with the committee to engender peace and genuine reconciliation in the party. The agreement to this effect was signed by Hon. Ahmed Gulak and Hon. Bernard Mikko on behalf of the Sheriff-led leadership and Prince Dayo Adeyeye and Hon. Dave Iorhemba on behalf of of the Makarfi faction. Dickson and his deputy and former Deputy Senate President, Senator Ibrahim Mantu also signed the agreement. In the undertaking,

Meanwhile both groups remained sharply divided and continued to lay claim to the leadership of the party with Sheriff taking over the national secretariat in Abuja to the anger of the Makarﬁ group. At the time, former President Goodluck Jonathan had met separately with Makarﬁ and Sheriff as well as members of the Board of Trustees (BoT) led by Senator Walid Jibrin to see how the crisis could be resolved politically but not much came of the intervention.

Dickson......believes political solution is best for PDP

the two factions, stated that “all actors of the party should desist from making derogatory, inflammatory and divisive statements against party officials, stakeholders and members.” It further stated “that the party should not dissipate her energy amongst itself but to focus on how to unite and be a formidable opposition capable of taking over power from the failing All Progressives Congress (APC) led-government. That all key actors in the on-going peace process should henceforth desist from making public press statements attacking each other and statements insinuating negative acts capable of dragging the party to the mud. In conclusion all the key actors in the PDP conflict agreed to work together with the National Reconciliation Committee in order to engender lasting peace and genuine reconciliation. Meanwhile the Board of Trustees (BOT) of the PDP has warned leaders of the party against selfish ambition which it lamented was destroying the party. On its part the Board of Trustees of the PDP whose Chairman, Senator Walid Jubril, received the report from Dickson last week, said it would look into it and give its advice on the best way to make sure the national convention becomes a reality. He said: “We welcome the template. We will present it to all members of the BoT. I want to assure our members that peace will return to PDP and all our differences will be resolved”. When he came to the realisation that the reconciliation the committee wanted would not be achieved without winning the support and confidence of parties to the dispute, Dickson brushed aside his ego and visited Makarfi and members of the National Caretaker Committee to formally present the report and to persuade them to accept it as a working instrument to restore peace in the PDP. Speaking during the meeting with Makarfi, Dickson said the effort to achieve lasting peace in the opposition party would only yield result when the leaders accepted to make sacrifices and to cooperate with the committee to implement most of he things set out in the template. The governor said that as part of the strategy to ensure that

the process was not hijacked by any one, the committee had recommended that the convention committee made of well-known leaders of the party would handle everything about the convention including the zoning of offices. Having done his bit by making recommendations that he thought would help bring about peace, Dickson said it behoved on key stakeholders like the caretaker committee to buy into his committee report and to make it work. On his part, Makarfi said that though the Dickson’s committee had addressed a lot of issues relating to the crisis, its report remained a proposal which would be submitted to the organs of the party for consideration. Makarfi said that contrary to insinuation being made by the other side in the conflict, the caretaker committee was a creation of the PDP and its organs and as such did not have any agenda of its own. He said: “Your committee has addressed a lot of issues in your report but I will say it is not verses from the Holy Bible or Quran and we will not hold it to our chest like Holy Bible or Quran, it is not an end product and it is a draft and it is for the organs of the party to discuss. We are not in this position to sit tight. The organs of the party put us there and if the same organs see the proposal and accept it the caretaker committee will also accept it. We do not have any proposal or agenda of our own other than the decisions of the organs of the party.” Similarly, Dickson’s peace efforts have won the support of an interest group within the party, the Northern PDP Elders Forum. However, the northern PDP stakeholders which membership included top leaders like former governors, deputy governors, serving and former lawmakers ministers went further to suggest the formation of a broad-based reconciliation committee to help see to the final resolution of the dispute. However, as Dickson rounded-off his consultations last week with a meeting with former President Jonathan in his country home at Otuoke in Bayelsa state, there still remained a shadow of doubt whether the quest for political solution was the best way to resolve the seemingly intractable problem.

TUESDAY, APRIL 4, 2017 ˾ T H I S D AY

FEATURES

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

Teaching the Power of Money Students from across Lagos State were at the Nigerian Stock Exchange in March to commemorate Global Money Week. Solomon Elusoji, who was there, reports

L-R: Country Director, AIESEC, James Akume; Head, Corporate Communications, Nigerian Stock Exchange (NSE), Olumide Orojimi; Olasubomi Gbenjo of Good Shepherd Schools; Acting Head, Corporate Services Division, NSE, Pai Gamde; Sidikat Olajuwon of City of Knowledge Academy; Umeh Angel of Sacred Heart College; Head, Children Banking, Access Bank Plc; Ayodeji Akinbobola; Team Lead Liability Generation, First Bank Limited; Maxwell Ezenwa; CSR Analyst, NSE, Boluwatiwi Omidiji; and Head, Market Surveillance, NSE, Abimbola Babalola, at the Closing Gong ceremony in commemoration of the Global Money Week

n a mild morning in March, students from primary and secondary schools across Lagos State milled into the premises of the Nigerian Stock Exchange (NSE) on Customs Street, Lagos. It was Global Money Week and the NSE, as it has been its tradition for several years, had invited them to update and improve their financial intelligence. Global Money Week is a financial literacy and inclusion initiative that takes place annually in March and is coordinated by Child and Youth Finance International (CYFI). The goal is to teach children and youths about money matters through fun and interactive activities. So, every year, the NSE makes it a duty to join a growing global audience to take action to create awareness, challenge out of date financial policies and give young people the tools and inspiration they need to shape their own future. Annually, the NSE marks the Global Money Week by hosting series of educational programmes aimed at engaging young people in knowledge sharing about how money works, saving, investing, creating livelihood, gaining employment and entrepreneurship. Between 2014 and 2016, according to a report from the NSE, the Exchange was able to directly reach over 3,033 students and pupils from over 44 secondary and primary schools with an indirect effect on over 6,000 young people across its operating environment. The activities for the week usually include excursions to the trading floor, interactive sessions with the NSE’s senior management, the sounding of the closing gong, financial literacy fair and school outreach programme.

This year’s was not going to be different. Thirty minutes before noon, the NSE’s Event Centre was packed with students and their teachers. The day was kicked off by the NSE’s Head of Corporate Services, Pai Gamde, who gave the opening remarks. She noted that the event – which was designed to teach young students financial intelligence – has a strategic importance to the NSE. “We are playing our part in building a financially savvy generation,” she said. Gamde’s point – that the NSE is playing its part – can be proved by the NSE’s efforts, over the years, in educating investors,

Annually, the NSE marks the Global Money Week by hosting series of educational programmes aimed at engaging young people in knowledge sharing about how money works, saving, investing, creating livelihood, gaining employment and entrepreneurship

market professionals and the general public about responsible investing and sustainable capital formation. Between 2015 and 2016, the NSE conducted over 250 programmes across Nigeria, including school outreach sessions, seminars and workshops, to educate investors, market participants and the general public about responsible investing and sustainable capital formation, reaching about 20,000 people. Also, in 2000, the NSE launched the Nigerian Stock Exchange Essay Competition, which challenges senior secondary students to develop the personal financial knowledge needed to make real world financial decisions. In developing the entries, students are encouraged to consider real world economic events and trends, conduct research, develop investment knowledge, and in the process gain the skills to prepare for their financial future. The NSE Essay Competition, according to an NSE report, has inspired over 37,000 young people in more than 7,000 schools across Nigeria to showcase what they have learned about the financial market. The first lecture, titled ‘Learn, Save, Earn’, was given by the NSE’s Head of Market Surveillance, Abimbola Babalola. He dug into the history of money, carefully detailing the importance of money in modern economy. He advised the students to invest in their education, so that they can acquire skills that can help them earn money. However, he stressed the importance of spending money wisely, pointing out that it was wiser to spend on assets (things that appreciate in value) rather than liabilities (things that depreciate in value after acquisition). “When it comes to spending, you must always ask yourself, ‘what are my needs’, you must have a budget,” he said.

Babalola went on to elaborate on modes of investments. Briefly, he described how to invest in the stock market (and how it works), the idea behind buying shares, taking part in mutual funds or investing in real estate and other profitable ventures. “Financial literacy is something that we should take seriously, because you will always need it,” he said. The Global Money Week event hosted by the NSE was sponsored by First Bank Nigeria, Access Bank and non-profit student organisation, AIESEC. So, the next three lectures were given by representatives of these organisations. First Bank was represented by its Youth Product Manager, Adetokunbo Elliot, who outlined all the bank’s products for young people, from cradle to adulthood. Kid’s First Account is designed for kids between the ages of 1 and 12, while Me First Account serves kids between the ages of 13 and 17; Xplore First Account is for young people between the ages of 18 and 24. She also encouraged the children to advise their parents to invest in stocks for them, while urging them to acquire a money management mentor. For Access Bank, it was its Head of Children Banking, Ayodeji Akinbobola, who showed up. He shared the story of a young man who lived an ostentatious lifestyle while working at a bank. But, after working for eight years, he was sacked and paid over three million naira as compensation allowance. But, because he had taken out loans, including one for a brand new car just a year earlier, he left the bank with a meagre sum of N198,000. “For the next six months, his life was messed up,” Akinbobola said. Akinbobola’s story was told to show the

˾ T H I S D AY TUESDAY˜ Ͳ˜ Ͱͮͯ͵

FEATURES

NSE’s Head of Market Surveillance, Abimbola Babalola (middle), explaining money concepts to the visiting students

students the need to adopt a savings culture, even from a very early age. He went on to introduce his bank’s Early Savers Club programme to the students and encouraged them to join. The Country Director at AIESEC Nigeria, James Akume, ended the session by giving a talk around the UN’s Sustainable Development Goals (SDGs). One of the SDGs involves the provision of quality education to all and sundry, and financial education, which was being doled out at the NSE on the day, is an essential component. Then, it was time to head to the 8th floor of the NSE building, which houses the Exchange’s trading floor. At the lobby, one of the students, Edgar Ebiebie, who had no knowledge of what the NSE does before coming, told THISDAY that he had learnt so much from the series of lectures that had been delivered. “Now I know that I can have a bank account and decide to buy shares which will give me a stake in companies that I choose.” On the trading floor of the exchange, the students were introduced to seasoned stockbrokers who took time to explain what the NSE does on a daily basis, and why it is important to the Nigerian economy. Since its inception in 1960, the NSE has engendered both financial stability and inclusive economic development by being the preferred means of raising capital for Nigerian organisations seeking to compete both regionally and globally. While providing equal access to local and global investors, the NSE has also helped in positioning the Nigerian Capital market as a vehicle for prosperity to both investors and listed companies. At the end of the proceedings, three students were chosen to climb the podium for the bell-ringing ceremony which signals the end of trading for the day. The students were: Olasubomi Gbenjo, from Good Shepherd Schools, Umeh Angel from Sacred

On the trading ﬂoor of the exchange, the students were introduced to seasoned stockbrokers who took time to explain what the NSE does on a daily basis, and why it is important to the Nigerian economy

Some of the students with seasoned stockbrokers at the NSE

The students listening to a stockbroker explaining how the NSE works

Hearts School, and Sidikat Olajuwon from City of Knowledge Academy. Olajuwon, effervescent and with much gusto, went on to ring the bell, ending the day’s and, as it turned out, the month of March’s trading activity. “I will like to thank you

for the opportunity given to me to sound the closing bell,” she said, addressing the stockbrokers on the floor, “and I will also like to appreciate you for the interactive session you had with us.” Some of the schools which attended the

NSE event include: Olivesfield School, Merc King’s School, Shining Lord’s College, Divine Step College, Sacred Heart College, Excellent Foundational College, City of Knowledge Academy, Cayley College, Greensprings School, and Good Shepherd Schools.

IMAGES

L-R: Globacom’s National Sales Coordinator, Mid-West, Mr. Augustus-ndu Oﬀor, a Glo subscriber, Egbe Benco; ace comedian and Globacom brand ambassador, Godwin Komone (popularly called Gordons); another Glo subscriber, Cynthia Mba, and On-Air-Personality, Osadolor Igiozee at the #Stay Buzzin Party in Benin City, Edo State.....recently

L-R; President, National Institute of Marketing of Nigeria NIMN, Tony Agenmonmen; Managing Director, Prima Garnet Africa, Mr. Lolu Akinwunmi; Managing Director, Leo Burnett Lagos, Mr. Sam Osunsoko; Analyst-in-Chief BRANDish, Mr. Ikem Okuhu; Chief Operating Oﬃcer,141 Worldwide, Mrs. Bunmi Oke; and CEO Proshare Nigeria Limited, Mr. Femi Awoyemi, at the BRANDish meeting of minds THEME ‘What Nigerian Banks Should do Diﬀerently’ in LagosÖ recently SUNDAY ADIGUN

L-R: Chairman Inter switch Mr.Dotun Suleiman,Chairman Nigerian Economic Summit Group(NESG)/Guest Speak Kyari Abba Bukar, President Institute of Software Practitiobers of Nigeria, (ISPON) Olorogun James Emadeoye, and immediate past Deputy Governor of Delta State/Guest of Honor,Professor.Amos Utuama,at the ISPON President’s Dinner in Lagos ...recently :DAN UKANA.

L-R: Head, Dealer Development and Special Duties, Toyota Nigeria Limited, Mr. Henry Ojuoko; Chairman, Toyota Nigeria, Chief Michael Adeojo; Assistant Regional Manager/PRO, Peace Mass Transist Limited, Mr. Asadus Victor and the Managing Director/CEO, Toyota Nigeria Limited, Mr. Kunle Adeojo, during the presentation of 2016 best customer of the year award to Peace Mass Transits, at Toyota Customers Night Award, in Lagos...recently KOLA OLASUPO

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Photo Editor ÌÓÙÎßØ ÔËÖË Email ËÌÓÙÎßØ˛ËÔËÖË̶ÞÒÓÝÎËãÖÓàÏ˛ÍÙ×

L-R: Manager/Branch Head, Maryland, Zenith Bank Plc, Onwuegbuzie Don; Chief Executive Oﬃcer, AJEAST Nigeria Limited, Theo Williams; General Manager/Group Zonal Head, Zenith Bank Plc, Tope Fasoranti and Marketing/Trade Manager, AJEAST Nigeria Limited, Perpetual Eziefule-Ohiri, during the oﬃcial launch of Big Volt, in LagosÖrecently SUNDAY ADIGUN

Professor Obi Ikediugwu, Vice Chancellor, Wellspring University, Benin; Senior Pastor, Trinity House Church, Pastor Ituah Ighodalo and Barrister (Mrs) Edith Efam, Registrar, Wellspring University, Benin during Pastor Ighodalo’s conferment as Chancellor of the institution, at the university’s maiden convocation ceremony in Benin, Edo state.... recently

L-R: Judge, Etisalat-DigitalSENSE Students Essay Competition, Yetunde Johnson; Lead Strategist, DigitalSENSE Africa, Remmy Nweke; Winner, Etisalat-DigitalSENSE Students Essay Competition, Odonoekuma Onyebuchi and Head, Environmental Compliance and Public Relations, Etisalat Nigeria, Oluseyi Osunsedo at the Prize Presentation of the Etisalat-DigitalSENSE Students Essay Competition in Lagos....recently

L-R: Marketing Director, Mouka Limited, Mrs. Ronke Osho; Chief Financial Oﬃcer, Dr. Azuka Onya,and the Public Health Consultant, Mr. Adegbaju Dapo, during a press brieﬁng to celebrate world sleep day, in Lagos...recently KOLA OLASUPO

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Quick Takes Iraq to Comply with OPEC Deal Iraq has assured OPEC it will fully comply with an agreement to cut oil supply in order to bolster crude prices, OPEC Secretary General, Mohammed Barkindo said on Sunday in Baghdad. Iraqâ&#x20AC;&#x2122;s compliance stands now at 98 percent, the nationâ&#x20AC;&#x2122;s oil minister Jabar al-Luaibi told reporters, after addressing a conference in the Iraqi capital, also attended by Barkindo. Compliance with the deal agreed by OPEC and non-OPEC producers at the end of last year to cut supply is â&#x20AC;&#x153;encouraging,â&#x20AC;? Barkindo told the forum. General compliance with supply cuts by the oil producers was 86 percent in January and 94 percent in February, he added. The market is already balancing, Barkindo said, adding stocks of crude were coming down. Luaibi said he was satisfied with the existing deal, but declined to say whether Iraq would support an extension, leaving it to an OPEC ministerial meeting planned in May. The current deal, he said, â&#x20AC;&#x153;contains many positive elements and achieved a lot of targets; work is ongoing to reach the reduction of 1.8â&#x20AC;? million barrels per day (bpd) agreed by OPEC and 11 other nations including Russia for their combined production in the first half of 2017.

FOR YOUR PERUSAL

L-R: British Deputy High Commissioner, Ms. Lauren BeauďŹ ls; Ogun State Commissioner for Commerce & Industry, Bimbola Ashiru; Partner PwC & Chief Economist, Mr. Andrew Nevin (P.hd); and Ogun State Commissioner for Budget & Planning, Ms. Aderenle Adesina, at the launch of the report by PwC & Uk Foreign Commonwealth OďŹ&#x192;ce on Promoting Economic Prosperity - Analysis of the State Level Business Environment in Nigeria Held in Abeokuta, Ogun State â&#x20AC;Śrecently

Electricity Supply Drops by 800MW in One Week Egbin Power Plc on the brink of shutdown Stories by Ejiofor Alike After a recent relative improvement in power generation, the country has lost about 800,000 megawatts of electricity in the last one week following chronic liquidity challenges, transmission constraints and gas shortages, THISDAYâ&#x20AC;&#x2122;s investigation has revealed. This is coming as Egbin Power Station is on the brink of shutdown following insufficient gas to fire the six-unit capacity plant. The Daily Average Load Allocation obtained by THISDAY from the generation companies

ENERGY showed that power supply hit one-month peak on March 22, with a peak generation of 4,452 megawatts and lowest generation of 3,174.6 megawatts before it dropped consistently for over one week. An analysis of the operational report showed that during the weekend, power supply was the lowest since March 4, with a peak generation of 4,199.50MW, which lasted for very few hours before it dropped to 2,797.50MW The report showed that supply improved drastically on February 27 when it exceeded

4,300MW and dropped below 3,000MW on March 4, which was the lowest since February 8 when generation hit the lowest for the month of February and March. The Power Daily Broadcast obtained also showed that chronic transmission constraints and gas shortages have led to cyclic rise and drop in generation since January. According to the report, power generation was worse in January with partial system collapse on January 18 and 19. The situation improved in February and March but supply continues to rise and

fall cyclically. For instance, after the February 27 improvement in power supply, generation dropped on March 4; 5-7; 10-12; 14-21; and 23- 30. The daily average load allocation report further showed that there was significant improvement in supply on March 8, 9, 13 and 22. While the generation and distribution companies have blamed poor supply on gas shortages and grid instability caused by weak transmission infrastructure; the Transmission Continued on page 22

FG, Shell Lose $250m Deferred Revenue to Closure of Bonga Oil Field The federal government and Shell Nigeria Exploration and Production Company Limited (SNEPCo) have lost about $250 million since March 4, when the oil giant commenced the turnaround maintenance of the Bonga deepwater oilfield, where statutory activities are being executed to ensure continuous optimum operations at the field. THISDAYâ&#x20AC;&#x2122;s investigation revealed that the 225,000 barrels per day capacity oilfield was producing about 150,000 barrels per day before it was shut down. A source close to the deepwater facility told THISDAY on condition of anonymity at the weekend that apart from the

ENERGY cost of the maintenance, which runs into millions of dollars, the oil giant and the Nigerian government have lost about $250 million oil revenues as a result of the closure of the production facility. â&#x20AC;&#x153;Oil production is deferred as a result of the current exercise. That means that about $250 million of oil revenue has been deferred as well based on oil price of $50 per barrel. But this is not actually a loss because it is not stolen crude. It is deferred and this means that the revenue, which should have been earned now, will be earned in the future because the

crude is still in the ground,â&#x20AC;? he explained. A major focus of the maintenance is the Bonga Floating, Production, Storage and Offloading (FPSO) vessel, which is at the heart of Bonga operations. The turnaround maintenance involves inspections, recertification, testing and repair of equipment as well as engineering upgrades with Nigerian companies and subsea professional playing key roles. The Managing Director of SNEPCo, Mr. Bayo Ojulari has said that Nigerian companies are playing key roles in the turnaround maintenance . Ojulari said nearly all the

bolts and nuts as well as fabrications used for the exercise are made -in-Nigeria, marking a turning point in SNEPCoâ&#x20AC;&#x2122; s efforts to encourage Nigerian content development. â&#x20AC;&#x153;This is an operation safely in Nigerian hands, with Nigerian engineers and companies playing leading roles and ensuring the objectives of the exercise are achieved,â&#x20AC;? he added. The turnaround maintenance involves three major components â&#x20AC;&#x201C; statutory and regulatory safety checks, inspections, repairs and replacement of equipment and upgrades Continued on page 22

Russian Oil Output Falls in March Russian oil output was 11.05 million barrels per day (bpd) in March, down 200,000 bpd from October - the baseline for a global deal to curb oil production - in line with a government promise, Energy Ministry data showed on Sunday. The Organisation of the Petroleum Exporting Countries and 11 other oil producers led by Russia, agreed in December to cut their combined output by almost 1.8 million bpd from October to reduce bloated global inventories and support weak oil prices. Russian Energy Minister Alexander Novak has said Russia would cut its oil output by 200,000 bpd by the end of the first quarter and by 300,000 bpd by the end of April. The accord is effective until the end of the first half of the year, and OPEC and non-OPEC producers will look at extending the deal by six months. OPEC is scheduled to hold its semi-annual meeting on May 25 and a meeting with non-OPEC producers will also be held around this date. Oil analysts have grown more unsure that OPECâ&#x20AC;&#x2122;s supply cut will be enough to offset the increase in US production and do not believe prices will reach $60 a barrel until early next year, according to a Reuters poll. The decline in Russian oil output in March was mostly due to cuts by so-called small producers, whose total output fell by 1.1 percent month-on-month.

Brazil Fines Petrobras $833m Brazilâ&#x20AC;&#x2122;s oil industry regulator ANP at the weekend imposed a 2.6 billion reais ($833 million) fine on state oil company Petroleo de Brasileiro SA and its partners in the giant Lula offshore field for a discrepancy in the pricing of oil used in calculating the governmentâ&#x20AC;&#x2122;s take. Petrobras, which operates the field with a 65 percent stake, said in a statement the consortium would appeal the decision. Its partners in the field are BG E&P Brasil - a unit of Royal Dutch Shell Plc - with 25 percent and Petrogal Brasil, with 10 percent. Located in Lula field, Santos basin, off the coast of Rio de Janeiro, Lula is the tenth large definitive production system operating in the pre-salt layer. The complete scope of the Lula Central project includes 18 wells: 9 production and 9 injection. FPSO Cidade de Saquarema is capable of processing 150 Mbbl of oil and compressing up to 6 million m3 of gas per day and is anchored at a water depth of 2,120 m.

â&#x20AC;&#x153;Unless you find the funding, everything we say is entertainment, and so, we must begin to focus very seriously as a nation on dealing with the financial challenges of the sectorâ&#x20AC;? Minister of State for Petroleum, Dr. Ibe Kachikwu

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BUSINESSWORLD ELECTRICITY SUPPLY DROPS BY 800MW IN ONE WEEK

Company of Nigeria (TCN) blamed the Discos for rejecting power allocated to them. However, gas suppliers have argued that there is enough gas to generate power but that the generation companies cannot pay for gas. But the Gencos have insisted that they are not able to pay for gas because they are being owed for the power they generated into the National Grid. Explaining the current low voltage in Lagos area, the Nigeria Electricity System Operator, an arm of TCN, has stated that only two units of Egbin Power Station are being fired as a result of insufficient gas. The Managing Director of Egbin Power Plc, Mr. Dallas Peavey had threatened to shut down operations this week as a result of non-settlement of N110 billion debt, inadequate gas supply and what the company called the inefficiency in operations of the TCN.

FG, SHELL LOSE $250M DEFERRED REVENUE TO CLOSURE OF BONGA OIL FIELD

– to ensure safety, optimum production, availability and reliability. It is also part of the base case design of the FPSO to carry out TAM on every 30 months basis. “The plan is to successfully conclude the ramp of activities and resume production as planned in April, 2017. It is not proper to interpret the period as production loss to Nigeria. Rather, the turnaround maintenance is a series of planned and controlled activities that are implemented in collaboration with government and other stakeholders – with the aim of ensuring the continued safety and productivity of the facility. The planning started two years ago and safety is top priority in every stage of the activities,” Ojulari added. The turnaround maintenance is the fourth since Bonga began production in 2005.

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

Niger Targets N1bn IGR in Landmark Initiative to Reclaim Border Revenues James Emejo in Abuja The Niger State Government said it planned to increase its internally generated revenue (IGR) to N1 billion monthly from the current sum of about N500 million. Banking on a landmark Initiative with key technology consultants, the state is hoping to reclaim tax revenues purportedly paid by Niger State border residents to the Federal Capital Territory, (FCT) Abuja instead of Niger State. Speaking in Minna, during the signing of the memorandum of understanding (MoU) with tax consultants engaged for the task, the State Commissioner for Finance, Mallam Ibrahim Balarabe expressed regret that most of the people working in Abuja actually reside in Suleja, which is part of the state but remit their taxes to Abuja. He said: “The revenues should’ve come to Niger State instead of going to Abuja. So what we have to do now is to ensure that the revenues going to Abuja come to Niger State. And I believe if we are able to block that leakage, we are going to have very serious increase in our collection.”He said the state has no direct financial obligation to the five consultants engaged adding that they are only entitled to between 5 percent and 10 percent of revenue collections. He said: “It is our hope that once this assignment is concluded our revenue base should exceed N1 billion monthly; as at today, our

IGR is hovering between N400 million and N500 million.” Balarabe added that the state government will provide all necessary support to the consultants to succeed as it plans total overhaul of its tax system to meet development aspirations of the state. He said the exercise will provide accurate data base of tax payers and reduce incidences of tax evasion to the barest minimum. However, the Managing Director/Chief Executive of

FourCore Technology Solutions Limited, Mr. Mohammed Ciroma whose company is saddled with the task of reclaiming lost taxes due to the state said though the job would require lots of boots on the ground, it will provide employment opportunities to citizens in the state. He told journalists: “Today is a momentous day. The MoU we signed was for reclaiming taxes; You’ll find that most people in Abuja live actually in Niger State but their taxes

get paid in Abuja. “So what we are going to do for the state is to reclaim, maybe going back five years and we are going forward to ensure that all taxes due to Niger State are paid in Niger and this is the MoU we signed.” According to him, “To actualise it is a lot of handwork really. It’s a lot of boots on the ground. We’ll do what we call enumeration and that’ll give a lot of employment opportunities for people

because we need to recruit a lot of young men with a lot of forms. “So they’ll go round virtually everywhere in Suleja, get names, and addresses and so on which we’ll now process with the Federal Internal Revenue Service. Employment opportunities to be generated will target people in Niger basically because we are here for Niger and so we’ll want them to take the full benefits of what we are doing.”

DONATION OF DESKTOP COMPUTERS

L-R: Vice Chancellor, Ambrose Alli University Ekpoma, Prof. Ignatius Akhakhia Onimawo; Managing Director, Smile Communications Nigeria, Godfrey Efeurhobo; Barrister Longe Oisamaye of the university and the Dean, Faculty of Law of the university, Prof. Sunday E. Edeko, during the presentation ceremony of desktop computers to the law faculty and the university by Efeurhobo, an alumnus of the university...recently

FG Urged to Authorise Night Flights at Enugu Airport Chinedu Eze Aviation industry operators and stakeholders from the South East geopolitical zone have called on the federal government to issue Notice to Airmen (NOTAM) approving the Akanu Ibiam International Airport, Enugu to operate for 24 hours as an international airport. Airlines that operate to the airport said the facility has airfield lighting and good runway as such should be allowed to operate to the airport in the night. An official of the Federal Airports Authority of Nigeria (FAAN), who spoke to THISDAY said what obtains now is that the airport closes by 6:00 pm and if any flight would come after that time the airline would pay about N500, 000 so that the generator would be switched on to power the runway lights for safe landing of the aircraft. “But once the NOTAM is lifted the airport will operate for 24 hours. This will enable domestic airlines to operate into the airport in the night and for other international airlines to come to the airport. It will also make cargo operators to fly to the airport because the region demands a lot of cargo. “Already the Nigerian Immigration Service, the Nigerian Customs, the Quaratine and

all other government officials are already at the airport, so I don’t understand why the airport should not be allowed to operate 24 hours. The only thing is that the lights at the airport premises can be upgraded and the state government can help in this area,” the FAAN official said. One of the leaders from the zone and former Secretary General of Ohaneze N’Igbo, Chief Nduka Eya told THISDAY at the weekend that the Enugu airport is ripe for full time operation because it is the only international airport in the South East geopolitical zone but is presently under utilised. “The federal government should hearken to the demand of its people and give everyone a sense of belonging. Government should issue directive to make this airport operate 24 hours so that it will really be international airport in words and in action. Any leader that epitomises equity, justice and fair play can rule a people for 100 years and nobody will care. We are part of this country and we love this country, Nigeria. It is when we are denied what we should have that these agitations start. Government should encourage healthy competition by giving every part of this country the opportunity to excel. So let them make Enugu airport operate for 24 hours and

we will appreciate the federal government for it,” Chief Eya said. Since 2013 the airport was

designated international, only Ethiopia Airlines has been operating to the facility.

Okowa Lauds Seplat’s Community Relations Programmes Governor of Delta State, Dr Ifeanyi Okowa has commended Seplat Petroleum Development Company for the giant strides it is making in the development of its host communities in Delta and Edo State. Okowa spoke at the commissioning of eight projects embarked upon by the NPDC SEPLAT Joint Venture in the Ugborhen community in Sapele Local Government Area of the state. The projects commissioned by Okowa included: the 3.6km Elume-Ugborhen road; 3.4km Ugborhen-Ugbukurusu road; 3.76km Ugborhen-Ikeresan road; 1.09km Okuovu-1 community road; Concrete drainage system/ road protection in Ugborhen; Ugborhen Housing Scheme; Ugborhen Solar Powered Water Scheme; Two blocks of 4-Classrooms and Science Laboratory at Adaka Grammar School; Ugborhen Ultra-modern town hall and Civic centre. The governor noted that investments by companies like Seplat in the development of host communities will go a long way to enhancing the confidence

of indigenes of oil producing communities while encouraging peace in the Niger Delta and the country as a whole. He urged other oil prospecting companies to emulate Seplat’s consistent effort at developing their host communities. Okowa said: “I am glad to see partnerships like this between oil prospecting companies and their host communities. The job of government will be much lighter if oil companies and communities partner in this manner to develop our communities. I congratulate Seplat for the good work that it has done since it came into operation. I also congratulate the community for working together with the company as I look forward to seeing more oil prospecting companies engaging in this kind of positive relationships.” The governor thereafter donated the sum of N10million to the community for the furnishing of the town hall and civic centre. He also promised to construct an examination hall at the Adaka Grammar School, Ugborhen.

Speaking earlier, Chief Executive Officer of Seplat Petroleum, Mr. Austin Avuru, who thanked the Governor for honoring Seplat’s invitation, explained that the welfare of members of the communities hosting the company’s operation would always remain the firm’s priority. He explained that Seplat was committed to the all-round development of citizens of these communities and that this influenced the decision to periodically embark on development projects affecting the health education and general wellbeing of the people as contained in the global MOU Seplat signed with its host communities in 2010. Also speaking, the Orodje of Okpe Kingdom, His Royal Majesty, Major Gen. Felix Mujakperuo (Rtd), OrhueI, commended Seplat for the various projects with which it is transforming the landscape of host communities. He called for peace amongst communities in the area and urged Seplat not to relent in its effort to developing the area.

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BUSINESSWORLD

ENERGY

Growing Oil Assets in a Low Price Regime Following their over-priced acquisitions, growing production from oil leases in a low price regime has been quite challenging for indigenous firms. Ejiofor Alike reports A worrisome feature of some of the recent divestments of assets by the International Oil Companies (IOCs) in the country was the excessively high bids submitted by Nigerian companies and consortia that acquired some of the assets. In their apparent desperation to out-bid competitors, some of the bidders had submitted high bids, which led to the over-pricing of some of the oil blocks and other assets. For instance, in one of the deals, which is a subject of litigation, an IOC had requested one of the bidders to revise its bid downwards because it was perceived to be too high. The string of divestments commenced when Shell Petroleum Development Company (SPDC) in 2010, announced the transfer of its 30 per cent interest in OMLs 4, 38 and 41 to Seplat Petroleum Development Company Plc. Total (10 per cent) and Eni (five per cent) subsequently sold their stakes in the three leases to Seplat, thus making the indigenous company to own 45 per cent. In 2011, Neconde Energy paid $585 million to Shell, Total and Eni to acquire their 45 per cent stake in OML. Shoreline Energy Resources paid $850 million to Shell and its partners for their 45 per cent stake in OML 30; Eland Oil paid $154 million for Shell, Total and Eni’s 45 per cent stake in OML 40; ND Western paid $600 million for OML 34; while First Hydrocarbon Nigeria, partly owned by Afren paid $98 million to acquire Shell’s 30 per cent interest in OML 26. Also First E & P paid $300 million to Shell and partners for 45 per cent stake in OML 71 and 72. Under the more recent divestment, Erotron Consortium paid $1.2 billion to Shell, Total and Agip for 45 per cent stake in OML 18; Pan Ocean paid $900 million for OML 24. Creststar Consortium paid initial deposit of $100 million of the $500 million bid price for OML 25 before the NNPC came forward to exercise its right of first refusal, an action being challenged in the court by the Canadian firm-backed consortium. Of greater significance in the wave of divestments was the $2.562 billion paid to Shell, Total and Agip by Aiteo-led consortium for the plum OML 29 and the Nembe Creek Trunkline. Chevron also sold its 40 per cent stake in OML 83 and 85 to First E & P for $68 million and its 40 per cent stake in OMLs 52, 53 and 55 to Seplat Petroleum; Belemaoil and Amni Petroleum. However, the bid value of OMLs 52 and 55 was not made public but the entire transaction was said to be worth about $900 million. Seplat was said to have paid $259.4 million for OML 53 and additional $132 million to acquire 22.5 per cent stake in OML 55 from Belemaoil; while Amni acquired OML 52. Feelers from the oil and gas industry had indicated that some of the assets were over-priced in view of the high expectations of early returns on investment as a result of the high oil price at the period. The high cost of crude oil during the bidding process- average of $105.87 in 2013 and $96.29 in 2014, apparently gave the bidders hope of early returns on investments, hence the high bids submitted for some of the transactions. Before the divestments of assets by the IOCs, indigenous players were restricted to marginal assets on account of lack of capacity – financial and human. So, the desire to own deeper acreages also encouraged indigenous operators to up their bids to beat competitors. At the end of the string of acquisitions spanning half a decade – 2010 to 2015 - the IOCs and their shareholders raked in about $8.717 billion, or about $7.5 billion by Wood Mackenzie’s estimates. After the investors had bought some of the assets above the expected market prices, oil prices crashed averaging $49.49 in 2015 and $40.68 in 2016, potentially dashing the hopes of early returns on some of those assets. The escalation of the crisis in the Niger Delta, which reduced output from some of these divested assets to zero, also crashed the investors’ hope of early returns. These challenges also put repayment plan for the bank loans in jeopardy, worsening the energy sector’s exposure to the banking sector, currently estimated at over N3 trillion. Post-acquisition performance

Crude oil production Despite the high costs of the acquisitions and the slump in oil prices, some of the operators have demonstrated capacity – human and financial - to raise production far above the pre-acquisition output levels. But a fellow of the Nigerian Association of Petroleum Explorationists (NAPE) and retired Shell’s senior joint venture manager, Mr. Jasper Nwachukwu said the most important thing was sustainability. He told THISDAY at the weekend that the problem with many indigenous producers was their inability to embark on relevant studies to sustain future production. “Every barrel of oil released from the ground has its production challenges. Sometimes water comes in; sometimes sand comes in. Somebody may be producing 10,000 barrels per day today and after six months, water begins to come out and water may be 6,000 bpd per day, while oil

Despite the challenges in the operating environment, the group embarked on the most audacious acquisition in a deal worth $2.562 billion to acquire OML 29 and the Nembe Creek Trunkline, which was executed in September 2015. From a modest preacquisition level of 23,000 barrels per day, Aiteo Eastern E & P grew production in the acreage to 90,000 barrels within one year

is 4,000bpd. So, the most important thing is sustainability. That depends on whether there are proper studies to sustain production. But many indigenous producers do not like to invest money for the future. That is the difference between the IOCs and indigenous producers. Nigerian producers are contended with what they are producing today. So, before they know it, production will go down and before they carry out studies to drill more wells or reposition the wells to get more crude, the company is already in deep crisis,” he explained. Also speaking, the Chief Executive Officer of International Energy Services, Dr. Diran Fawibe said the success of many of the indigenous players that acquired assets from the IOCs was a strong indication that Nigerians have acquired the technology and the ability to access finance to fund upstream projects. He, however, charged those who are not yet successful to put their acts together and avoid being too greedy. “One has interacted with a number of these people and some of them appear to be too over-ambitious. You can take it from a small beginning and grow it. We (indigenous players) have to be seen to be reliable; we have to be seen to honour agreements. Some of the people who have not made progress should build confidence to attract international financiers. These foreign financiers want someone they can trust so that when they put their money, it will not disappear,” Fawibe told THISDAY at the weekend. Of course, Seplat, which pioneered the acquisitions of deep acreages among Nigerian independents, had demonstrated competence in the operatorship of its blocks before the company and many others suffered setbacks as a result of the resurgence of militancy, which shut down their crude evacuation line – Forcados pipeline. However, under the latest divestments, one of the companies that attracted the confidence of financiers to develop the required financial and human capacity and emerge as the leading Nigerian independent is Aiteo Eastern E & P, a subsidiary of Aiteo Group, which operates OML 29. Despite the challenges in the operating environment, the group embarked on the most audacious acquisition in a deal worth $2.562 billion to acquire OML 29 and the Nembe Creek Trunkline, which was executed in September 2015. From a modest pre-acquisition level of 23,000 barrels per day, Aiteo Eastern E & P grew production in the acreage to 90,000 barrels within one year. Basking in the euphoria of his company’s success, Chief Executive Officer and Vice Chairman of Aiteo Group, Mr. Benedict Peters said his company tripled the pre-acquisition output, “leveraging the diversity and skills of its work

force and bona fides as a dynamic international energy conglomerate”. He also highlighted several existing projects that could potentially grow Aiteo’s asset production to over 150 kbopd and 200mmscf/d. “Our outlook is bright with three producing oil fields and viable crude exports via Bonny terminal. We also have contingent resources to appraise and prospective ones to explore in the medium-to-long term, including full 3D coverage and 2P NNS reserves at 1.6bn bbl. Put simply, we have a clear vision for the future with the experience and assets crucial to providing oil and gas consistently on a regional and global scale,” Peters added. According to him, Aiteo’s ambitious five-year objectives include tackling the power challenges in Nigeria head-on through its legacy investments in the gas-to-power value chain. “This is a testament to our commitment to the transformation of the entire oil & gas value chain into a world-class landscape,” Peters said. Aiteo’s Group Managing Director, Mr. Chike Onyejekwe, who is a former Managing Director of Shell Nigeria Exploration and Production Company (SNEPCo), enumerated the company’s growth drivers to include “strong leadership, high commitment and motivation, technical and commercial excellence and superior asset base”. “In the next five years, our operations will continue to be guided by these qualities as we leverage our capabilities comparable to oil majors elsewhere in the world. Indeed, the future is Aiteo,” Onyejekwe added. While Onyejekwe hinged his company’s success on “strong leadership, high commitment and motivation, technical and commercial excellence and superior asset base,” Fawibe said the success of Aiteo was based on the company’s ability to “access funding and buy technology at the right price.” “Some Nigerians now have the muscle to raise finance to do upstream projects. Some competent Nigerians who worked for the NNPC and the IOCs are now working for the indigenous players,” he said. Fawibe however charged the operators to maintain high ethical standards and avoid cutting corners, “so that people who work with them do not have a tale of woes to tell”. Nwachukwu also charged them to invest in sufficient studies for sustainability. “Nigerian operators have improved significantly since the past 10 years but the problem with most of them is that they do not invest in sufficient studies for tomorrow. Nigerian players are focused on short term. That is the difference between them and the IOCs. Aiteo has a lot of former employees of Shell. So, they understand this thing better,” he added.

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BUSINESSWORLD

ENERGY

As FG Pursues Closure on MDAs Debts to Discos Chineme Okafor writes that the federal government could further boost the financial capacity of the electricity market by concluding the verification and payment of debts owed the Discos by the ministries, departments and agencies Coming on the heels of its recent approval of a N701billion financial security for the Nigerian Bulk Electricity Trading Plc (NBET) to conveniently trade with electricity generation companies (Gencos) in Nigeria’s electricity market, the federal government, last week disclosed that it would pay off verified debts owed electricity distribution companies (Discos) by its ministries, departments and agencies (MDAs). The announcement was made at the 13th edition of the monthly power sector operators meeting, which the Minister of Power, Works and Housing, Mr. Babatunde Fashola, chaired at the premises of Transcorp Power in Ughelli, Delta State. The planned payment could when effected, lift the Discos a bit from their financial challenges. From a report presented at the meeting by a senior special assistant to the president on power, Damilola Ogunbiyi, the government indicated it would shortly conclude an ongoing audit of the MDAs debts owed the Discos, and subsequently pay off all verified bills to them. It explained that as a demonstration of its commitment to lead the power sector out of its financial recession, it would pay the outstanding bills on a first-come-first-served basis, and then proceed to ensure that future bills for power consumed by its agencies are paid for promptly. Debts verification nears end As was previously reported in THISDAY, the government and Discos have had running battles on the actual amount owed as unpaid electricity services to the MDAs, with figures from both sides often at variance. However, Ogunbiyi’s report at the meeting indicated that a verification team working on

Power substation

While the Discos had through their association, the Association of Nigeria Electricity Distributors (ANED) claimed in 2016, that debts owed them by government’s MDAs had reached N78 billion, thus impacting their operations, the Nigerian Electricity Regulatory Commission (NERC) had however, stated that the impact of the MDAs debts was only significant on about three of the Discos and not all of them

the audit received claims currently estimated at N59.3 billion, but which are subject to further review for authentication before payment. According to her, the Discos’ data from which the N59.3 billion debt figure was derived emanated from 208,030 invoices and 15,409 accounts. Abuja Disco has the highest claims with N11.3 billion from 58,630 invoices and 4,228 accounts it submitted, while Benin Disco has the smallest claims amounting to about N0.3 billion from 2,467 invoices and accounts it respectively presented. Also, 86 per cent of the debts, amounting to N51 billion, were reportedly owed by the top 100 customers, mainly composed of military and defence installations around the country. Ogunbiyi also noted in her report that the verification process identified anomalies such as data duplication, submissions made with insufficient information, as well as details that were out of the scope of the verification exercise. According to her, Discos would be asked to respond to such flagged issues within a week, after which unverified claims or invoices would be omitted, and then physical verification would take place in April before the payments are eventually made by the government. From Ogunbiyi’s report, the government has indicated that it would fairly deal with the debt claims of the Discos, thus putting the responsibility of proof of claims squarely in the hands of the Discos. It had earlier stated that its response to the Discos’ debts would be based on individual basis as against the Discos’ alleged preference for collective settlement. While the Discos had through their associa-

tion, the Association of Nigeria Electricity Distributors (ANED) claimed in 2016, that debts owed them by government’s MDAs had reached N78 billion, thus impacting their operations, the Nigerian Electricity Regulatory Commission (NERC) however stated that the impact of the MDAs debts were only significant on about three of the Discos and not all of them. Through ANED’s Director of Advocacy, Sunday Oduntan, the Discos said then that the debts had gone up to over N78.7 billion with some of them originating from 2013. Oduntan also gave a breakdown of the debts, where he claimed that the Nigerian Army alone owed Kaduna Electric N6.6 billion, Benin Disco - N2.3 billion, Eko Disco - N1.8 billion, and Ikeja Disco - N1.6 billion. The Army, Oduntan also said owed Jos Disco N2 billion in unpaid electricity bills, Port Harcourt Disco - N1.3 billion, Yola Disco - N435 million, and Kano Disco - N301 million. Following the Army on the debtors’ list, Oduntan said, was the Nigerian Airforce with N3.09 billion, Navy – 3.3 billion, Police – N4.66 billion, Customs – 528.78 million, Prisons – N895.6 million and Immigration – N47.8 million. He further said that federal ministries and parastatals owed the Discos N9.98 billion in unpaid electricity bills they accumulated over time, while state governments owed them N16.21 billion while local government owed N1.16 billion. In addition, the record according to ANED apportioned the Discos’ share of the debt as follows: Abuja Disco – N18.6 billion, Benin – N5.9 billion, Eko – N8.6 billion, Enugu – N7.2 billion, Ibadan – N6.8 billion and Ikeja – N5.9 billion.

Others such as Jos were reportedly owed N6.5 billion, Kaduna, Kano, Port Harcourt and Yola Discos were owed N8.2 billion, N1.2 billion, N6.88 billion and N2.46 billion respectively. They, in this regard called on the government, especially the Federal Government to clear its share of the debt, adding that this constituted a huge drawback on their operations and the industry’s overall performance. Notwithstanding claims of the debts’ impact on the Discos operations, a former acting chairman at the NERC, Dr. Anthony Akah, in an interview with THISDAY in January, stated that: “The significant impact of the MDA debt is more on about three Discos where you have more of government offices and the significance is not so much on the other Discos, yet the government is willing to solve this and has said the onus lies on the Discos to prove the debt owed them for the payments to be made.” Other debt claims From the verified figures of the federal government, the Discos are now left with their other claims from the state and local governments for unpaid electricity services. It is expected they would equally pursue to recover these outstanding claims with the same zest they employed in getting the federal government to commit to settling its debts. While the debts may not be as huge as that of the federal government, their payment and Discos’ insistence on prompt settlement of subsequent electricity bills by all tiers of government would expand ongoing push by the power companies to improve and sustain their revenue profiles in the market.

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Power Supply Fluctuates Kachikwu: Zero Militancy Target Working So Far in Nâ&#x20AC;&#x2122;Delta as Abuja Disco Targets Chineme Okafor in Abuja 0% Electrical Accident for 2017 Stories Chineme Okafor in Abuja The Abuja Electricity Distribution Company (AEDC), has said it would target to achieve a zero per cent electrical accident occurrence in 2017, as against few cases of electrical accidents it recorded in 2016. The Disco stated this at the commencement of its health and safety sensitisation programme recently, amid the increasing frequency of poor supplies to its customers in the federal capital territory (FCT). According to its Managing Director, Ernest Mupwaya, the previous statistics of electrical accidents necessitated that customers must be sensitised to completely eradicate such occurrences in its network. Despite the Discoâ&#x20AC;&#x2122;s award by the Nigerian Electricity Management Services Agency (NEMSA) as the safest network in November 2016, it however had a number of electrocutions, which attracted inquiries and fines from the Nigerian Electricity Regulatory Commission (NERC). One of such electrocutions was in Lugbe area of Abuja where about three persons died, and a couple others injured from poor electrical connections. However, the Discoâ&#x20AC;&#x2122;s Director of Risk and Compliance, Collins Chabuka, said at the event, which was held in Mpape area of Abuja, that AEDC would engage communities on the best safety practices in their use of electricity. He noted that this became necessary following reports that 69 per cent of the electrical accidents it recorded in 2016 were on account of third party (customers) poor handling of electricity. Chabuka urged customers to desist from patronising illegal and unauthorised electricians whom he described as â&#x20AC;&#x2DC;NEPA 2â&#x20AC;&#x2122; to get supplies from the Discoâ&#x20AC;&#x2122;s network. He also advised house owners to often run earth lines on their building to absorb power in the event of a power surge in the network. He said: â&#x20AC;&#x153;This will help to reduce cases of electrical accidents and electrocutions in the network.â&#x20AC;? He also spoke on vandalism of the Discoâ&#x20AC;&#x2122;s assets, and begged its customers to help identify suspects. On by-pass of meter and energy theft, he stated: â&#x20AC;&#x153;If AEDC finds out that this is what you have done, we will prosecute you immediately. It is either you pay a huge fine or go to jail after all court processes.â&#x20AC;? Meanwhile, the Association of Nigerian Electricity Distributors (ANED), has claimed that repeated constraints in the countryâ&#x20AC;&#x2122;s transmission network have prolonged low power voltage and rationing of electricity supplies currently

being experienced in parts of Abuja and other states of the country. Speaking in Abuja on the current state of power supply and the claims of load rejections by the 11 Discos, ANEDâ&#x20AC;&#x2122;s Director of Research and Advocacy, Mr. Sunday Oduntan said there have been more rationing and low voltage supply in Abuja, Kano, Enugu and Ibadan recently. Oduntan said for Abuja, transmission constraints on the facilities of the Transmission Company of Nigeria (TCN) in Katampe, Kukwaba, Gwagwalada, Central Area and Apo, have been responsible for the poor supply experienced by residents. According to him, due to the inefficiencies yet to be resolved, customers have been having poor voltage along Apo-Karu and Lafia axis of the transmission line. â&#x20AC;&#x153;As I speak, some of our big customers like Silverbird Galleria, Jabi Mall in Abuja are having low voltage due to the transmission constraints. What that means is that we are losing revenue from our huge customers. The federal government must make more investments in the section to tackle this challenge,â&#x20AC;? said Oduntan. Recently the TCN said that it directed the Generation Companies (Gencos) to reduce their daily power generation as an option to stabilise the national grid, claiming that Discos were rejecting load allocated to them. A statement from TCNâ&#x20AC;&#x2122;s spokesperson on this, Seun Olagunju, stated that the System Operator (SO) section noticed imbalance in the power flow rising about 50 Hertz (hz) because, â&#x20AC;&#x153;some Discos failed to take more load as generation increases.â&#x20AC;? The statement then added: â&#x20AC;&#x153;This has left the SO with no other option than to ask the Gencos to reduce generation to ensure grid stability,â&#x20AC;? and subsequently denied that the challenge was that of transmissionâ&#x20AC;&#x2122;s wheeling capacity which it said was 6,500 megawatts (MW). ANED, which however confirmed the load rejection, also claimed that the TCN was often defying the load allocation schedules of Discos by transmitting generated power to where the Discos have low distribution needs, and leaving out the high areas of electricity demand. Oduntan stated on this: â&#x20AC;&#x153;The issue is about wrong dumping of load where the Discos cannot recover the cost at that point as the power supply is not always enough for all the customers under a particular Disco.â&#x20AC;? He said: â&#x20AC;&#x153;For instance, TCN dumps power where it should not in a Disco because its equipment is obsolete and out-dated and has not spent money to maintain the line.â&#x20AC;?

The Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, has said that Nigeriaâ&#x20AC;&#x2122;s target to have no fresh pipeline breaks and zero militancy acts in the oil-bearing Niger Delta region was working. In October 2016, Kachikwu said the government was looking to record no oil pipeline breaks in 2017, as well as drastically reducing violence in the Niger Delta. This was following the countryâ&#x20AC;&#x2122;s inability to produce as much oil as it wanted in 2016, on account of militancy in the Niger Delta. But giving an update on the target so far at the just concluded maiden edition of the Nigerian Oil and Gas

Opportunities Fair (NOGOF) which the Nigerian Content Development Management Board (NCDMB) initiated and organized in Uyo, the capital of Akwa Ibom State, the minister stated that so far, no fresh pipeline breaks or oil assets vandalism have been recorded in the industry. He attributed the relative cease-fire to the ongoing dialogue between the government, militants and stakeholders in the region, and said the process would have to be improved on to ensure that the target is sustained. â&#x20AC;&#x153;In terms of oil production, save for scheduled non-violent shutdowns and repair works in the industry, we have not recorded any disruptions. So far, I can say that the zero militancy target we

have set for ourselves in 2017 his working, quite an ambitious plan but we have to put ourselves to it,â&#x20AC;? said Kachikwu in his remarks at the occasion. In October 2016, the minister said in Abuja: â&#x20AC;&#x153;Our target is to have an incident reduction by 90 per cent by 2018 and to target zero militancy and shut down by middle of 2017. â&#x20AC;&#x153;Whatever shutdown experienced by the middle of next year (2017) we expect it to be production slippages and not militancy issues. We must resolve current militancy problems and bring back production to 2.2million barrels per day.â&#x20AC;? He also reiterated in Uyo the need for Nigeria to quickly segue from just an oil exporting country to one

that derives maximum value from her hydrocarbons. According to him, â&#x20AC;&#x153;We need to begin to refine, we need to begin to create petrochemical industries in this country, and we need to limit the amount of raw products that go out of this country. And this is a responsibility not just for NNPC portion of crude. The business model cannot continue to remain to drill, to produce and to export, it must be to drill, to refine and to export.â&#x20AC;? â&#x20AC;&#x153;The model dynamics have got to change and over the next couple of years as the policies roll out, you are going to see incentive schemes geared towards making deepened participation in the oil and gas sector,â&#x20AC;? he added.

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L-R: Head, Community relations, Benin Electricity Distribution Plc (BEDC), Mrs. Virginia Osineme, Chief State Head, Edo, Fidelis Obishai, who represented the MD/CEO, Mrs. Funke Osibodu and youth leaders of Idahagbon Community, in Oko Central area of Benin, Edo State, at the appreciation ceremony organised by BEDC Management over the arrest and prosecution of transformer vandals ... recently

Petrocam Deploys Solar Solution to Power More Filling Stations Ejiofor Alike Petrocam Nigeria Limited, a subsidiary of Petrocam Trading (Pty) Limited of South Africa has opened another solarpowered petrol station in Lagos as part of the companyâ&#x20AC;&#x2122;s drive to increase its local presence in the downstream sector of Nigeriaâ&#x20AC;&#x2122;s oil and gas industry. Before its current drive to penetrate the local market, the companyâ&#x20AC;&#x2122;s major focus was importing refined petroleum products such as petrol, gasoil, kerosene, naphtha, lubricants and greases for the oil marketing companies in Nigeria. But in a renewed drive to tap into the local market, the company has opened another solar-powered filling station in Lekki area of Lagos, thus bringing to three the companyâ&#x20AC;&#x2122;s filling stations that are solarpowered in Lagos.

Gennex Technologies is the provider of solar solutions for Petrocam Stations. Speaking to journalists during the opening ceremony of the new station in Lekki area of Lagos, the Executive Director in charge of Engineering at Gennex Technologies, Mr. Tunji Tayo noted that the 112 kilowatt-capacity solar power would guarantee 24 hours of uninterrupted power supply to the station. He said the capacity could also be increased if the need arose in the future. Tayo noted that Nigeria is lagging behind in the deployment of solar technology to address the power deficit in the country. â&#x20AC;&#x153;Nigeria is still very far behind in terms of renewable energy. Apart from Total, which has built one solar-powered filling station in Maryland, the next retail solar-powered

station is Petrocam. Petrocam has built three solar powered stations. So, Nigeria is still very far from getting there. But we are supposed to be there because that is where the whole world is going,â&#x20AC;? he said. â&#x20AC;&#x153;Solar will appear expensive if you look at the initial capital outlook but I can tell you that you should consider the fact that these solar panels are going to be there in the next 20 to 25 years. So, it is actually an asset. If you want to build a house, you cannot say that the house is actually expensive because you know that the house probably would outlive you. So, if you look at Solar from this perspective, the manufacturersâ&#x20AC;&#x2122; warranty for the solar panels is 25 years. That is not to say that the panels will become useless after 25 years. No! It is just the warranty,â&#x20AC;? he added.

Apart from Petrocam, Tayo said his company had deployed solar solutions to many residential houses within and outside Lagos. According to him, the companyâ&#x20AC;&#x2122;s solar power is 100 per cent installed and engineered by Nigerians. â&#x20AC;&#x153;So, our people can do this thing. The first one we deployed at Petrocam Filling Station in Ajah is one year old and it has no issues,â&#x20AC;? he added. Petrocam Trading (Pty) Ltd prides itself as an entity focused on commodity trading in Africa and â&#x20AC;&#x153;has in the last 10 years developed invaluable and competitive experience in operating in developing countries and has cemented its ability to facilitate trade in emerging and developing markets, relating to African import and export flows of commoditiesâ&#x20AC;?.

T H I S D AY ˾ ˜ Ͳ˜ Ͱͮͯ͵

BUSINESSWORLD

INDUSTRY

Boosting Nigeria’s Mining Industry The Minister of Mines and Steel Development, Dr. Kayode Fayemi, during his recent nationwide tour of some mining sites in the country held a town hall meeting with stakeholders in the sector to chart a way forward. Peace Obi reports Nigeria is richly endowed with a variety of solid minerals, but the vast potential of these mineral deposits scattered all over Nigeria has remained largely untapped. With the solid mineral deposits estimated to be in millions of metric tons, it is said to be capable of creating millions of jobs and generating more revenue than crude if properly developed. But for the federal government, it is not only time to break away from the status quo and reposition the sector; it is actually time to follow up policies with implementation exercises. With some pragmatic steps taken so far by the Ministry of Mines and Steel Development, the federal government has demonstrated its commitment to the diversification of the nation’s economy with mining industry as one of its areas of focus. Armed with a roadmap which targets to actualise shared mining prosperity for all stakeholders - a goal the ministry plans to pursue through the development of the sector, ensuring stronger regulatory framework, enabling environment, among others. Determined to lead the sector to a path of recovery, the Minister of Mines and Steel Development, Dr. Kayode Fayemi recently embarked on a nationwide tour of some mining sites in the country. The tour, which was preceded by a town hall meeting of the stakeholders in the sector, attracted not just top government officials, but also operators and other stakeholders. Speaking at the town hall meeting in Lagos, recently, the minister hinted that the tour was to enable his office get a better understanding beyond the routine office paper work by interacting with the stakeholders as well as institutions involved in mining in the country. According to him, the town hall meeting was to allow for interaction between the federal and state governments as well as operators in the mining and steel industry. Stressing the need for the synergy between the federal government, state government and operators, Fayemi said that the roadmap for solid mineral development which was signed by the Federal Executive Council (FEC) would be further strengthened by the partnership between host communities, states and the federal coordinating authorities. A roadmap for the sector was approved by the Federal Executive Council in September 2016. The highlight of that roadmap, he recalled, was to strengthen the partnership between the host communities where these mineral resources are endowed, the state authorities as well as ourselves in the federal government. While issues peculiar to each state were brought to the front burner at the meeting, the Lagos stakeholders meeting was dominated by issues bothering on sand mining, Ogun on quarrying-related issues, kaduna on talc and gold among others. Fielding questions from operators and stakeholders, a group of surface miners in Lagos, who claimed to have been out of business for over a year because their business was stopped by Lagos State despite having their Federal CADASTRE, accused Lagos State of imposing double taxation on them. They called for the federal government’s intervention, insisting that the N500,000 operational consent, being demanded, amounts to double taxation. They said that the denial of access to their means of livelihood has brought untold hardship on their families. According to one of the stakeholders, Prince Olusola Idris, who spoke to THISDAY, “We understand mining to be on the exclusive list, which vests the federal government the power to issue mining licences. And we have obtained licence for over a year now, but Lagos State would not allow us to work. They issued us stop work order and demanded that we pay the sum of N500,000 for the state’s operational consent. “This, we consider as double taxation, which is contrary to the law of the land. What we understand from the law is that we can only pay haulage to the state government while we pay royalty to the federal government. The operational fee is not only outrageous; it is renewable fee every year. We have tried to meet with the Com-

missioner for Energy and Mineral Resources without any headway. They have persistently refused to meet with us or address our concerns. They have thrown us back into the labour market.” However, the minister has reinstated federal government’s belief in partnership and collaboration with the state in achieving its goals. He said: “The reason why I am here is to work out an arrangement that will enable all of us be owners ofStakeholders at a recent town hall meeting organised by the Ministry of Mines and Steel Development these processes. in the face of scraps depletion the country is And that where there are differences between loss to the country.” Speaking in the same vein, the representative of gradually sliding into. “We want to know the the state, federal authorities and the operators to iron it out. And how we can achieve synergy the Miners Association of Nigeria, Mr. Adeyemi guidelines for investing in Ajaokuta, because between what is in the exclusive preserve of Folorunsho, requested for clear guidelines for that is the backbone for the raw material for the state and what is the responsibility of the investing in Ajaokuta Steel. He stated the urgent the mining industry.” He said the intervention federal authorities in managing the mineral need to revive the Ajaokuta Steel, especially funds should be given to development banks resource development that is an area that is of interest to this government. “It is a government that believes in more partnership and collaboration with the states. We feel very strongly that we have to find a creative mechanism that will enable us have a win, win situation. And I am not unaware of the challenges that we have encountered here in Lagos State.” Speaking on the need for operators to abide by acceptable environment standard, Fayemi declared: “What I think all of us have to agree is that at the end of the day, we also need to be safe in the process of looking for money. And there is no state that will stay idly and watch if there is likely going to be environmental degradation in the course of exploring the mineral resources that are available in the state.” Attributing the stop work order on surface and sand miners in Lagos State, to the bid to guard against environmental degradation, the Commissioner for Energy and Mineral Resources, Mr. Olawale Oluwo disclosed that the action was taken to guard against severe damage that could worsen the already fragile ecosystem, thereby leading to serious and irreparable damage to the entire landscape. Evoking the principles of federalism, the minister disclosed that Lagos State is not a surbordinate authority to the federal government. According to him, “anybody who understands the principles of federalism will know that Lagos State is a coordinate authority and we really cannot impose our will on Lagos. However, as far as the law is concerned, we also have the duty to protect those who we have issued licences and those who have stayed within the ambit of the law,” he said. Another stakeholder, Chief Oyewole Oworu, called for a more frequent interaction between the ministry and other stakeholders for the advancement of the industry. Blaming most of the challenges people face at their different fields to inadequacy of the ministry’s inspectorate department, Oworu expressed concern that “foreigners have taken over mining industry in Nigeria. “They have not only taken over in terms of lease acquisition, they are also labourers in the field these days. You see them digging, mining and driving trucks on mining fields. Not only that, they will now take the crude resources, assembly it somewhere in Ikeja and take it out unprocessed. That amounts to a great Continued on page 27

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Nigeria Tops Countries with Highest 2017 Lagos International Trade Fair Targets Nigeriaâ&#x20AC;&#x2122;s Industrialisation, Economic Growth Consumption of Champaign Chinedu Eze Despite the prevalent recession, Nigeria is still rated the highest consumer of Champaign in the world. This was disclosed by the Head of Market Development, German Engineering Federation, Mrs. Martina Claus, who presented the figure at the unveiling of the 2017 trade fair, known at Drinktec in Lagos recently. Drinktec is the worldâ&#x20AC;&#x2122;s leading trade fair for the beverage and liquid food industry taking place in Munich Germany from September 11 to 25. Clause also revealed that

Nigeria is the fourth market in the world with the biggest consumers of soft drinks. Nigeria is ranked number four in the world coming after United State of America (USA), China and Mexico which ranked number one, two and three respectively according to the global soft drinks market analysis. Nigeria was ranked fourth in 2016 according to the facts and figures released by the organisers of the trade fair with specific focus on Nigeria. According to Clause, the fair is expected to attract 1,600 exhibitors from over 70 countries where the entire process chain

in the beverage and liquid food industry: from manufacturing, filling and packaging through marketing, among others, are to be showcased. Claus said Nigeria recorded 38.682 tonnes global volume sales in 2016 with the volume projected to rise to 51.422 in 2020. The projection is a 32.9 per cent growth. In the year under review, the country was similarly ranked among the top 10 markets for alcoholic drinks while the country was ranked 147th in the consumption of drinking milk products just as the country ranked 101th in the edible oils market.

Crusoe Osagie Organisers of the 2017 Lagos International Trade Fair (LITF), Lagos Chamber of Commerce and Industry (LCCI) has announced that this yearâ&#x20AC;&#x2122;s fair scheduled to hold from Friday 3rd November to Sunday 12th November, 2017 at the Tafawa Balewa Square (TBS) in Lagos, is aimed at supporting Nigeriaâ&#x20AC;&#x2122;s quest to achieve a virile industrialised economy by providing a platform for the nationâ&#x20AC;&#x2122;s industrial, manufacturing, agriculture, solid minerals and service sectors. According to the president,

LCCI, Mrs. Nike Akande, the theme of the fair â&#x20AC;&#x153;Promoting industrialisation for economic recovery and sustainable growthâ&#x20AC;? is apt and timely in the face of the current economic realities which underscores the need for diversification and inter-sectoral synergy. Akande during the unveiling and public presentation of the 2017 LITF prospectus, called on all industry players to support the efforts of the government in revamping and stabilising the economy through the injection of capital into the economy to drive investments in agriculture, manufacturing, trade, services and technology.

She pointed out that the recently unveiled federal governmentâ&#x20AC;&#x2122;s Economic and Growth Plan (ERGP) 2017-2020 is expected to promote macroeconomic stability and economic diversification through fiscal stimulus, monetary stability and improvement of external balance of trade. The official said no other event attracts so many trade visitors from Germany and around the world, adding there was a 14 per cent increase in visitor numbers. He said overall 66,886 trade visitors came to Drinktec in 2013. According to her, the world comes together at the fair.

BOOSTING NIGERIAâ&#x20AC;&#x2122;S MINING INDUSTRY for implementation said it would give opportunity for a more-friendly rate for the investors. Responding to sundry issues raised at different fora, the minister said that the government is taking the issue of security at various mineral sites very seriously. Listed some of the recent security measures by the ministry to include the establishment of Mines Police in every state Police Command, Fayemi said: â&#x20AC;&#x153;You would have noticed increased activities on the part of the Civil Defense in your area of your operations. That is something we requested and fully sanctioned. It is not exclusively for the Civil Defense, the Police too are involved. Thankfully the Inspector General of Police has after our request, set up the Mines Police Division with Deputy Commissioner

of Police in charge. And every state command will have a unit within the command that is also responsible.â&#x20AC;? He described the activities of some foreign miners as unacceptable, adding the ministry is working with the Nigeria Customs Service and other relevant security agencies to make it illegal for anyone to take out unprocessed minerals. â&#x20AC;&#x153;Taking out unprocessed minerals under any guise is unacceptable and we have taken a firm position on this. We will make it difficult for anybody to take out unprocessed minerals. â&#x20AC;&#x153;We will support and encourage operators to set up plants, process the minerals here and you can then export itâ&#x20AC;?, he added. Commenting on the federal governmentâ&#x20AC;&#x2122;s readiness to support

Miners Association with equipment leasing, the minister revealed that federal government is working on an equipment leasing scheme for the Nigeria Miners Association in order to ensure that its members scale up their mining operations. He assured the miners of the ministryâ&#x20AC;&#x2122;s commitment to ensuring they benefit from the N30 billion intervention fund approved by the federal government. He said that a lot of opportunities exist in real sector financing via Bank of Industry for small scale miners, even the export finance of the Central Bank for the big players. â&#x20AC;&#x153;I will appeal to you that we have a comprehensive register. If you see yourself as a miner, artisanal or otherwise, please register. And we are not

registering you because we want to monitor you. It helps us in our quest to also improve livelihood. We want to know the number of people we have in mining in an accurate manner; that, would enable us find a way to support your activities with tools, with access to finance, with technical expertise. So that it is not just this shovel and digger mining that most of our people do at the artisanal level that we will continue to indulge. â&#x20AC;&#x153;Government is committed to the scheme. Our miners cannot achieve much as long as they rely on shovel and digger for their work. We also know that modern equipment are quite costly. So, government would make arrangements with financial institutions and some operators to make the equipment available for

leasing,â&#x20AC;? the minister said. And in move to discourage illegal mining, several illegal mining sites were closed across the states of the federation. â&#x20AC;&#x153;Our approach is to collaborate and cooperate with the state governments but we also do not want to do that at the detriment of promoting illegality, the law is very clear. Mining is an exclusive activity of the federal authorities. There may be reasons for states to be involved, environmental protection, legitimate collection of charges, etc. But the only thing that can make that possible is, if those who are operating the sites first and foremost are legally allowed to operate in mining sites. That is if they have the mining licence and the process is clearly stated in the lawâ&#x20AC;?, he stressed.

T H I S D AY ˾ TUESDAY, APRIL 4, 2017

PROPERTY & ENVIRONMENT KazeemRoyalCreatesSustainableWorkand Live Community in Osapa Kingdom Osapa Kingdom sits on very large prime land that stretches from the banks of the Lagos Lagoon to the beaches of the Atlantic Ocean. This whole area is being reworked into a sustainable city by Kazeem Royal Properties Ltd. Bennett Oghifo reports

he Lekki Peninsula in Lagos has, over the years, grown into a huge residential and commercial hub with a few sustainable communities. One of such work and live in cities is Osapa Kingdom, popularly known as Osapa London. According to the Chairman of Kazeem Royal Properties Ltd., Prince Kazeem Eletu, the company commenced operations in 2009, and over the years has evolved into a brand that is synonymous with innovation, quality, trust and customer satisfaction. He said, “Through research, we understand trends and community requirements. So, you’ll find Kazeem Royal Properties in the centre of the city.” Homes in the estate are linked and well-paved with interlocking stones and lined with drainages to rid the city of storm water. Kazeem Royal, through its main contractor-firm, Structmatics Engineering Ltd., began the process of deflooding the city by rebuilding all the bad roads and drainages that were blocked without waiting for either the state or local government. The first road the company constructed was Prince Demola Eletu Street, followed by 7th Avenue and Bamidele Eletu Street. Osapa Mega City... Coming as a multi-billion naira project, the estate will be on over 150 hectares of land which will contain a 5 star hotel, schools, glass house building, hospital,

Mall among other amenities and will be the new base of OSAPA MEGA City. The new estate located just minutes from Lekki, between renowned shopping centres and surrounded by schools, parks and a flourishing local business scene, will be part of a proposed new layout, which is being prepared by United Arab Emirates -based firm, Abu Dhabi construction company and another renowned construction firm based in France. “At Kazeem Royal, we do not compromise standards,” he said. Existing property… Besides, in the existing estate, Kazeem Royal ensures that every facility in it works fluidly and for this reason the Chairman of the company bought a huge transformer to power parts of the city and paved some new roads, complete with drains to ensure the area does not flood when it rains. Homes in the existing estate are built by either the prospective owners by themselves or they contract Kazeem Royal to build for them. There are also homes for sale by the company and for lease, said the Chairman, adding that they build five bedroom homes only but that the homes on rent have two, three and four bedrooms. They all come equipped with furniture and accessories, which the occupant is at liberty to choose in consultation with the company’s interior designers. The city has exquisite Terraces and according to the Chairman, “The design philosophy behind Kazeem Royal Terraces directs

Architectural presentation of a home in Osapa Mega City

seamless expansion of indoor living to outdoor terrace areas, capitalising on Lekki’s amicable climate. “Free-flowing interiors spill onto spacious balconies and private terrace areas, providing each home with an idyllic outdoor setting all year round. He said Kazeem Royal offer an exciting opportunity to live life at its finest with such a highly versatile space for work, play, relaxation, or entertainment. “When it comes to shared facilities, Kazeem Royal gives residents plenty of reasons to love their neighbourhood. “Kazeem Royal has a significant majority of our residents will own a balcony seat to view the beauty of cotton clouds courting the reluctant sun, twinkling stars lighting up the

firmament, the moody blues of the waxing and waning moon, and the colourful canvas of the twilight. “When it comes to our homes, it’s what’s inside that counts. Our renowned eye for detail and command of functional design are evident throughout Kazeem Royal, from the superbly functional open-plan living spaces to seamless finishings that exude modern charm.”The homes, he said have high ceilings, quality flooring and generous storage space enhances the naturally free-flowing design. All bedrooms are fitted with built-ins and some of the expansive master bedrooms offer a spacious walk-in wardrobe. He said there are four varieties of home layouts to suit a diverse range

of lifestyles from individuals to families. “With options of two, three, and four bedroom designs spanning two and three storeys in structure- most with secure two-car garages- Kazeem Royal are built to fit the needs of all residents.” Kazeem Royal has plans to be a global player in real estate and construction. On account of this, the company already has facilities in France, the UK, South Africa and will be moving into Dubai shortly. Kazeem Royal’s portfolio includes residential, offices, retail, hospitality and education. In addition, the real estate and construction company has actively contributed to the sustainable development of the environment and the society. The Chairman said, “Kazeem

Royal is renowned for creating outstanding places to live, work and invest. Established in 2009, Kazeem Royal is a leading brand in real estate, consistently delivering innovative and high quality products that exceed expectations.” Kazeem Royal, he said offers its residents a peaceful homelife rests in balance, a mix of modern onsite amenities, as well as easy access to all of the everyday necessities. “As the proven leader in the retail industry, Kazeem Royal offers a full array of retail services for investors and occupiers of real estate seeking to maximise value, regardless of the size of their portfolio, the location of their assets or the scope of their operations.”

specifically mentioned in the Master Plan. But it is safe to assume that it addresses quite significantly the environmental protection that the Plan talks about. If the federal government should consider it a national priority to return to the Master Plan and make it an integral part of its current efforts aimed at achieving permanent peace in the region, so the country can derive maximum benefits from oil exploration and production activities there. The government must move away from the tendency to give out handouts as a strategy to buy temporary peace and loyalty of the people of the region. It is possible each of the states the vice president, Professor Yemi Osinbajo, visited recently presented its own list of demands. But it is doubtful if the demands did not incorporate the five pillars of the Master Plan, even if not clearly spelt out.

The government must resolve once and for all the contending issues of involvement of host communities in the protection of oil assets and installations and, most importantly, sharing of oil proceeds. The latter issue is one of the prominent features in the controversial Petroleum Industry Bill that has languished in the National Assembly for almost a decade. Alaibe advocates a return to the 2009 template for the development of the region, through implementation of the 16-point agenda. The government’s plan to convert illegal refineries into modular ones is a step in the right direction, since it would create legitimate jobs for the thousands of jobless youths who engage in illegal bunkering, thus solving the problem of unemployment that fuels their activities in the region.

Time to Revisit Alaibe’s Proposed Niger Delta Master Plan Boniface Ita The Niger Delta Master Plan unveiled by the administration of former president, Chief Olusegun Obasanjo, was perhaps the first serious attempt by any government to move away from the tokenism that has characterized interventions in the region said to produces the nation’s wealth. Before then, there hadn’t been any clear-cut policy on how to permanently and satisfactorily address the problems of the region. This much was said by none other than Timi Alaibe, the man who led development of the master plan, in an interview on Arise Television, recently. Alaibe said the former president gave the Niger Delta Development Commission (NDDC) the go-ahead to commence implementation of the master plan, but regretted much could not be done before the tenure of that administration ended.

Obasanjo’s successor, Umaru Musa Yar’Adua, bought into the plan and was favourably disposed to its implementation after several presentations he, Alaibe, a one-time managing director and chief executive officer of NDDC, made to him. The death of the then president put paid to any hope of taking practical steps to end the plethora of problems that beset the region. It would appear that implementation of the all-important plan that presumably addresses the issues which have made the Niger Delta a recurring decimal in national discourse depends on the disposition of the government of the day. Discussion on whatever had been the cause of the delay in implementing the master plan before now would amount to a mere academic exercise. It is no longer important. What matters now is the seemingly renewed interest of the Buhari

administration to find a lasting solution to the problems of the Niger Delta, which should bring about a reinvigoration of efforts and implementation of initiatives to end the crises that periodically set the country back in the effort to have a steady and uninterrupted flow of income into the national purse. The Master Plan, according to Alaibe, perhaps one of the few Nigerians that have had the opportunity to see its contents, is anchored on five pillars. These are disarmament, demobilization, rehabilitation and reintegration (DDRR); infrastructure and economic development; environmental protection; involvement of host communities in the protection of assets and their inclusion in the sharing of oil proceeds. While the first pillar, DDRR, can be said to have been successfully executed to some extent during the Yar’Adua era and up to Jonathan’s tenure,

notwithstanding the resurgence of militancy in the region for the greater part of last year, not much can be said of the other pillars. Infrastructure and economic development continue to be a work in progress with the huge sums of money that have reportedly been sunk into the area, through both the NDDC and the Ministry of Niger Delta Affairs. The reasons mat not be located too far away from the endemic problem of corruption, politicization of projects and programmes, as well as noninvolvement of host communities in the choice and design of projects that are meant for them. The commencement of the cleanup of Ogoni land may be regarded as the beginning of a larger initiative to address the issue of environmental degradation that is not limited to one community, but the entire Niger Delta. It is not clear if the exercise is

Ita, a social commentator, lives in Lagos

T H I S D AY TUESDAY APRIL 4 2017

T H I S D AY •TUESDAY, APRIL 4, 2017

BUSINESS/MONEYGUIDE

LSETF Disburses N1.7bn to 1,400 Beneficiaries Obinna Chima The Lagos State Employment Trust Fund (LSETF) has put the total disbursement of its fund currently at about N1.7 billion, to 1,400 beneficiaries. The Executive Secretary, LSETF, Mr. Akin Oyebode, who disclosed this, said the target of the organisation was to disburse at least N25billion to 100,000 businesses by 2019. This, according to him, is expected to translate to one million jobs within the same period. “We have also launched our online application portal, which is now fully automated making it easy and convenient for micro, small and medium enterprises (MSMEs) based in Lagos State to send in their applications online and take advantage of the LSETF’s loan programmes.

“With the new portal, we will do away with paper based applications, as applicants will start and end the loan process online,” he explained in a statement. Oyebode explained that the trust fund is an initiative of the Lagos state government, which was set-up to help bridge the unemployment deficit in the state by providing leverage and access to finance for small business to grow, expand and contribute to the growth of the local economy. The LSETF is executing its mandate through the following strategies: providing financial support to businesses; micro-enterprise owners can get a loan of up to N500,000 at five per cent interest rate – which is the lowest one can get in the country. He also said SME operators can get loan of up to N5 million at five per cent interest rate.

“Under our micro-enterprise start-up scheme, youth who have received certified vocational training can get a loan of up to N250,000 to start their own business. This is also at just five per cent interest rate. “Under our employability programme, we train youths between the ages of 18-35 and also help them get job placement within various organisations we partner with. “The LSETF will work with the office of the Lagos State Governor as well as the various MDAs to influence a conducive policy environment for small businesses to thrive in the state “For those applicants who are unable to go online, we have set up liaison offices in the 20 LGAs, residents can visit their respective Local Government and apply for their loans there,” Oyebode added.

UBA to Expand to Six More African Countries The United Bank for Africa Plc (UBA) said it plans to extend its presence in Africa from 19 countries, Nigeria inclusive, to 25 countries by 2024. The Head, Investor Relations, UBA, Mr. Abiola Rasaq, who disclosed this during a media briefing in Lagos recently, said the bank has developed a costeffective strategy to achieve this plan. He explained that the bank’s operating license in some of the African countries allows it to expand into some neighboring countries without raising fresh capital “The way we are going to do it this time around is a different. Initially, when we went into some of these African countries we operate today, we went in fully as a new bank. In the countries we are targeting, based on our current strategy and the mapping that we have done,

we have opportunity with the licence that we have to move into those countries. “There are two different types of licences. There is the unit licence and uniform licence. The unit licence only allows you to operate in just one country. In Senegal today, we have a uniform licence. That uniform licence gives us the priority to actually passport our licence for example into Mali, if we think Mali is right. “So, our business in Chad today, holds a uniform licence that gives us the opportunity to passport that licence into Niger Republic if we think the timing is right and there are opportunities in those markets. So, this is a strategy we want to use to go into those markets we are targeting. “We are using this strategy because we want to be able

to sweat the capital we have put in each of the businesses without taking excessive risks in each of the countries. So, with this strategy, we don’t have to raise new capital. This is a lot more cost efficient and we would need little or no capital in those businesses and we are likely to make profit even from year one,” Rasaq explained further. Earlier, the Group Chief Finance Officer, UBA, Mr. Ugo Nwaghodoh said the objective of the bank is to grow its business in many other countries to be as big as what it has presently in Ghana, Senegal, Congo Brazzaville and Cameroun. This, according to him is because of the positive growth projections on Africa from notable institutions such as the International Monetary Fund.

Broad street

MARKET INDICATORS MONEY AND CREDIT STATISTICS 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)

Wapic Insurance Proﬁt Falls By 28% to N1.193bn Wapic Insurance Plc’s audited financial results for the period ended 31st December, 2016, have shown that its profit before tax (PBT) dropped by 28 per cent to N1.193 billion, from the N1. 668 billion recorded in 2015. Also, its underwriting profit reduced by 74 per cent to N381 million. This was attributed to high claims payout during the period and legacy claims cleanup in Ghana. A review of the company’s

performance showed that it recorded a 13 per cent growth in Growth Written Premium (GWP) to N8 billion over the previous year’s figure of N7 billion.The decline in the Group’s profitability, according to a statement, was not unconnected with high claims payout in the year under review and its unflagging commitment to the on-going transformation initiative designed to reposi-

tion the institution for leading performance.Foundational to the strategic efforts to demonstrate genuine commitment to clients’ obligations, Wapic said it paid out N3.8 billioin claims in the year under review. This amount was an increase of 76 per cent over the previous year’s figure. This also impacted the Gross Claim Ratio (GCR) to 51 per cent in relation to the 35 per cent recorded in 2015.

Firms Partner to Drive MSME Growth Solomon Elusoji Two SME-focused businesses Gidigba Social Network Services and African Hub International, have formed a joint venture company, Gidigba-African Hub, which is designed to develop and implement programmes that will promote and encourage micro, small and medium scale enterprises (MSMEs) in the country. The strength of the partnership lies in the divergent expertise of the two organisations. While Gidigba is an online business service provider and a player in the e-business and SME

Promotion sector, African Hub is an offline one-stop entrepreneurship and incubation hub that provides a range of on-site business to start-ups in Africa. The partnership, which was announced recently at an official signing event at the Nigerian-Belgian Chamber of Commerce office in Lagos, will see Gidigba-African Hub assist MSMEs in accessing new markets, new channels for exports, a new large customer base, and also help them grow and diversify revenue. “The merging of these two companies will provide a wider network, wider support MSMEs,

and we are leveraging on both our resources to move the socio-economic development of Nigeria forward,” the Founder and Executive Director of African Hub, Ms. Oluneye Oluwole, said. Speaking to THISDAY, the founder and CEO of Gidigba, Mr. Efosa Idemudia, noted that partnership will aim to “sensitise the MSME public. So we are going to be running some awareness program, which will be done in partnership with key agencies. We also want to see how we can bring access to markets for SMEs.

(MILLION NAIRA)

DECEMBER 2016

-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

MONEY MARKET INDICATORS (%) December 2016 Inter-Bank Call Rate

10.39

Monetary Policy Rate (MPR

14.00

Treasury Bill Rate

13.96

Savings Deposit Rate

4.18

1 Month Deposit Rate

8.53

3 Months Deposit Rate

8.80

6 Months Deposit Rate

10.23

12 Months Deposit Rate

10.76

Prime Lending rate

17.09

Maximum Lending Rate

28.55

• Monetary Policy Rate - 14%

OPEC DAILY BASKET PRICE AS AT FRIDAY 31, MARCH 2017

The price of OPEC basket of thirteen crudes stood at $50.43 a barrel on Friday, compared with $50.20 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 APRIL 4 2017

T H I S D AY •TUESDAY, APRIL 4, 2017

MARKET NEWS

Dangote Sugar Records N14.4bn Profit, to Pay N7.2bn Dividend Goddy Egene and Nosa Alekhuogie Dangote Sugar Refinery (DSR) Plc has reported a profit after tax (PAT) of N14.4 billion for the year ended December 31, 2016, showing an increase of 29 per cent above the N11.14 billion in 2015. According to the audited results, gross revenue rose by 68 per cent from N101.06 billion in 2015

to N169.72 billion. Profit before tax stood at N19.61 billion, up from N16.16 billion, while PAT grew to N14.4 billion as against N11.4 billion in 2015. Earnings per share similarly rose from 93 kobo to 120 kobo. The board of directors of the company has recommended a dividend of N7.2 billion, which translates into 60 kobo per share. Commenting on the results,

T H E

acting Group Managing Director, DSR Plc, Abdullahi Sule, said: “We are very pleased with the results for the period under review, our revenue grew by 68 per cent and improve sales volume compared to 2015 despite the current macro-economic challenges. Our focus in the current year and for the future remains leveraging our strengths to maximise every opportunity to generate sales,

N I G E R I A N

increase our market share and create sustainable value for our stakeholders.” He said concerted efforts are being made towards the actualisation of the company’s backward integration programmes (BIPs) plan. “The implementation strategy has changed and the full focus is now on the expansion of the Savannah Sugar Estate to its full potential, and

STO C K

development of the new site at Tunga in Nasarawa State,” Sule said. The company explained that group sugar sales volumes, was 778,518 metric tonnes (mt) in 2016, compared with 778,000 mt in 2015. The increase in total revenue by 68 per cent over that of the previous year was predominantly driven by increase in price as just about same

E XC H A N G E

volume of 778,518 mt and 778,000 mt were achieved in 2016 and 2015 respectively. Several price increases caused by increased materials, operating and financial costs occurred during the year,” it said. According to DSR, unfortunately, these price increases did not translate to higher returns in gross margin as overall costs increased by even a higher percentage.

˾ TUESDAY, APRIL 4, 2017

MARKET NEWS

Caverton’s Full Year Profit After Tax Falls by 38% to N612m Goddy Egene The challenging operating environment has impacted negatively on Caverton Offshore Support Group Plc, a leading provider of marine, aviation and logistics services to local and international oil and gas companies in Nigeria. The company recorded declines in its top and bottom-lines for the year ended December 31, 2016. Caverton reported a revenue of N19.311 billion in

2016, down 16 per cent from N23.220 billion in 2015. Profit before tax fell by 37.4 per cent to N1.105 billion, from N1.767 billion, while profit after tax declined by 38 per cent to N612.284 million compared with N988 million in 2015. However, both the direct operating costs and administrative expenses, declined by 20 per cent and 37 per cent, respectively, which highlights the company’s continued effort at streamlining operations and

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

cost reduction. Explaining the performance, the Chief Executive Officer of Caverton, Mr. Bode Makanjuola said that the slide in oil prices with the resultant reduction of activities by international and local oil and gas companies continue to impact the service sector of the industry. “Whilst we had new support contracts signed during the year, we have had reduction in the work scope and rate of existing

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 31–Mar-2017, unless otherwise stated.

contracts,” he said. He added part of their strategy to weather the current challenging business environment is to continue to focus on cost efficiency without compromising on our safety standards. He noted that the strategy is also to increase service offerings. “The implementation of our strategy to increase service offerings is ongoing as the construction of the Maintenance, Repair and Overhaul facility in Ikeja

Lagos is at an advanced stage. We will also continue to explore other innovative solutions in support of deep and shallow water operations in both marine and aviation business. We have continued to ensure that Caverton maintains its position as operator of the largest fleet of AW139 in Nigeria and an authorized Service Centre for Agusta Westland,” Makanjuola said. Caverton Marine commenced operations in 1999

while Caverton Helicopters a helicopter charter, sales and maintenance company was established in 2002. Both companies were consolidated to form Caverton Offshore Support Group in 2008. The group’s focus and primary business is to provide logistics and environmental support services to oil and gas fields with broader plans to support energy operations along the West African shelf as well as other ancillary support services.

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 131.11 131.63 3.24% Nigeria International Debt Fund 218.18 218.93 1.38% 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 0.72 0.73 2.76% 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 18.60% 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 12.46 12.83 0.89% ARM Discovery Fund 292.91 301.74 2.00% ARM Ethical Fund 22.28 22.96 -0.26% ARM Money Market Fund 1.00 1.00 15.99% 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 107.12 107.87 1.84% AXA Mansard Money Market Fund 1.00 1.00 16.25% 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 Paramount Equity Fund 9.50 9.74 1.48% Women's Investment Fund 87.44 89.64 3.34% 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 18.80% 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 1,137.49 1,138.68 4.32% FBN Heritage Fund 109.39 110.13 -1.96% FBN Money Market Fund 100.00 100.00 17.45% FBN Nigeria Eurobond (USD) Fund - Institutional $107.40 $108.06 3.20% FBN Nigeria Eurobond (USD) Fund - Retail $107.10 $107.76 3.62% FBN Nigeria Smart Beta Equity Fund 114.98 116.46 2.04% 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 0.98 3.19% Legacy Short Maturity (NGN) Fund 2.67 2.67 3.70% 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 2,223.40 2,250.02 0.66% Coral Income Fund 2,200.05 2,200.05 4.55% 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 17.24% 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 16.86% Vantage Balanced Fund 1.72 1.74 2.54% Vantage Guaranteed Income Fund 1.00 1.00 15.91%

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 1.02 1.04 2.90% Lotus Halal Fixed Income Fund 1,030.65 1,030.65 2.76% 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 9.66 9.74 -0.03% Meristem Money Market Fund 10.00 10.00 16.53% 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 3.33% PACAM Fixed Income Fund 10.47 10.52 0.70% PACAM Money Market Fund 10.00 10.00 16.42% 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 110.81 111.71 8.83% 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 1.28 1.28 2.51% 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 1,854.39 1,863.56 1.23% Stanbic IBTC Bond Fund 156.34 156.34 1.55% Stanbic IBTC Ethical Fund 0.76 0.77 -0.65% Stanbic IBTC Guaranteed Investment Fund 193.47 193.47 3.52% Stanbic IBTC Iman Fund 130.94 132.63 0.85% Stanbic IBTC Money Market Fund 100.00 100.00 17.67% Stanbic IBTC Nigerian Equity Fund 7,400.83 7,488.08 -2.40% 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 1.11 1.16 7.55% United Capital Bond Fund 1.28 1.28 15.60% United Capital Equity Fund 0.65 0.66 0.96% United Capital Money Market Fund 1.15 1.15 11.35% 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 10.02 10.20 3.98% Zenith Ethical Fund 11.23 11.34 2.94% Zenith Income Fund 17.41 17.41 5.36%

REITS NAV Per Share

Yield / T-Rtn

11.41 125.38

1.01% 1.14%

Bid Price

Offer Price

Yield / T-Rtn

8.11 72.51

8.21 73.86

-7.59% -4.32%

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

2.70 6.25 11.70 15.04 128.77

2.74 6.33 11.80 15.24 130.77

-1.79% -11.03% -2.46% -5.67% -0.85%

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

T H I S D AY TUESDAY APRIL 4, 2017

T H I S D AY TUESDAY APRIL 4 2017

T H I S D AY TUESDAY APRIL 4, 2017

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T H I S D AY TUESDAY APRIL 4, 2017

TUESDAY APRIL 4, 2017 ˾ T H I S D AY

INTERNATIONAL

email:foreigndesk@thisdaylive.com

Blast on Russian Subway Kills 10, Injures 50; Second Bomb Found An explosion ripped through a subway train in the Russian city of St. Petersburg on Monday, killing at least 10 people and injuring 50 others, the city’s governor told Russian television. The blast came as Russian President Vladimir Putin was visiting the city, his hometown. Witnesses on the subway said the blast spread panic among passengers, who ran toward the exits. Putin, speaking from Constantine Palace in St. Petersburg, said investigators were looking into whether the explosion on the train was a terror attack or if there might have been some other cause. He offered his condolences to the families of those killed. There was no immediate claim of responsibility for the blast. Within two hours, Russia authorities found and deactivated another bomb at a separate busy St. Petersburg subway station, Vosstaniya Square by the Moscow railway station, Russia’s National Anti-Terrorist Committee said. The unidentiﬁed explosive device went off at 2:20 p.m. on a train that was leaving the Technology Institute station and heading to the Sennaya Square station, the agency said. Social media users posted photographs and video from the Technology Institute subway station, showing injured people lying on the ﬂoor outside a train with a mangled door. Frantic

commuters were reaching into doors and windows, trying to see if anyone was there, and shouting “Call an ambulance!” “Everything was covered in smoke, there were a lot of firefighters,”Maria Smirnova, a student on a train behind the one where a bomb went off, told the Dozhd television channel. “Firefighters shouted us to run for the exit and everyone ran. Everyone was panicking.” The St. Petersburg subway immediately shut down all of its stations and the national anti-terrorism body said security measures would be tightened all key transport facilities across Russia. Maxim Liksutov, Moscow’s deputy mayor, said that included tightening security on the subway in the Russian capital. St. Petersburg, Russia’s secondlargest city with over 5 million residents, is the country’s most popular tourist destination and the two stations affected by the blast are some of the subway’s busiest. Nataliya Maksimova was running late for a dentist appointment and entered the subway near the explosion site shortly after the blast. “If I hadn’t been running late, I could have been there,” she told The Associated Press. Putin was in St. Petersburg on Monday for talks with Belarusian President Alexander Lukashenko, and went ahead with the talks

after appearing on Russian television to speak about the attack. “Law enforcement agencies and intelligence services are doing their best to establish the cause and give a full picture of what happened,” Putin said. St. Petersburg governor Georgy Poltavchenko was overseeing the rescue effort. Russian transport facilities have been the target of previous terror attacks. Two suicide bombings in the Moscow subway on March 29, 2010, killed 40 people and wounded more than 100 people. Chechen rebel leader Doku Umarov claimed responsibility for that attack by two female suicide bombers, warning Russian leaders that “the war is coming to their cities.” The high-speed Moscow-toSt. Petersburg train was also bombed on Nov. 27, 2009, in an attack that left 26 dead and some 100 injured. Umarov’s group also said he ordered this attack. Russian airports have also been hit by attacks. On Jan. 24, 2011, a suicide bomber hit Moscow’s Domodedovo Airport, killing 37 people and wounding 180. The same airport in August 2004 saw Islamic suicide bombers board two airplanes and bring them down, killing a total of 90 people.

US, Russia Rift Bad for Global Security, War on Terrorism, Says Expert UN civil-military coordinators call for synergy Paul Obi in Abuja A United Kingdom-based Nigerian global expert and analyst, Christian Udechukwu, yesterday warned that the ongoing diplomatic rift and disagreement between the United States and Russia is bad for global security and the war on terrorism. The ding-dong between the US and Russia appears to have slowed multilateral cooperation between the US and some countries on the war against international terrorism, particularly, in countries hit by acts of terrorism. Amid the pledge by the President Donald Trump’s administration to Nigeria to assist in the fight against Boko Haram terrorism, not much had been heard of the bilateral deal between the US and the Nigerian Government. But speaking to Arise News in Abuja, THISDAY Newspaper sister broadcast company, Udechukwu argued that the current face-off between US and Russia has the potential to worsen global security and dampening the war on terrorism around the world. Udechukwu said: “If you look at the hearings and investigations in the US on Russia, it is creating a phobia, it is a major problem. “Because part of managing

global security at all levels, requires dialogue between the major powers. There is no denying the fact that Russia occupies a major force in that forum of discussion. “Conscious efforts to delegitimise any contact with Russia are bad for global politics, security.” He further contended that notwithstanding the fact that “Russia has been more successful in projecting power in Syria,” there is fear that a resurgent and emergent Russia is stranding world order, and there is a perception to clip Russia’s wings.” The expert observed that while the US and the West had “thought that this was the time to give Russia a bloody nose, “Russians were filling the void as the Americans were pulling out.” He held that there was miscalculation on the part of the US and the West in dealing with Russia, adding that “that thought appeared to have sprung out of a weak calculation of the strength and weakness of Russia.” Udechukwu rather maintained that “the Trump’s administration provides a very unique opportunity to reset US-Russia relations.” Meanwhile, United Nations Civil - Military Coordinators led

by Major General Moses Obi (rtd) have called for closer cooperation between 8 Task Force Division and the Coordinators. Obi made the call during a recent visit to the Division Headquarters in Monguno, Borno State. He explained that there was need to review civil-military coordination environment and also provide recommendation for the development of a civilmilitary coordination strategy for humanitarian emergency response in the Northeast. Obi, who is also the UN civil military security adviser in Abuja, commended the army for restoring peace and order in the Northeast. He observed that because of the improved security in the region, non-governmental organisations are finding ways to reach more rural areas to bring relief to internally displaced persons (IDPs). Speaking also, the General Officer Commanding 8 Task Force Division Maj. Gen Abdul Nani, who was represented by the Commander 48 Engineer Brigade, Brigadier General Jonathan Garnvwa, applauded the coordinators for their commitment to changing the adverse humanitarian situation in the Northeast and pledged to deepen cooperation with the coordinators.

T H I S D AY TUESDAY APRIL 4, 2017

T H I S D AY TUESDAY APRIL 4 2017

T H I S D AY TUESDAY APRIL 4, 2017

TUESDAY, APRIL 4, 2017˾ T H I S D AY

NEWSXTRA

Fayemi Plotting to Upstage Me via Judicial Coup, Fayose Cries out Fingers Amaechi, two Supreme Court justices as conspirators Victor Ogunje ÓØ ÎÙ ÕÓÞÓ Ekiti State Governor, Mr. Ayodele Fayose, has accused his predecessor and the Minister of Mines and Steel Development, Dr. Kayode Fayemi, of plotting to stage a comeback as the governor of the state via judicial coup. Fayose, said his predecessor was allegedly working in cahoots with leaders and stalwarts of the All Progressives Congress (APC) in Ekiti and Abuja, to return to power through the backdoor by way of enlisting a section of the Judiciary to revisit the 2014 governorship election in the state. The governor said this was the only option available to Fayemi upon realising that his ambition would suffer a colossal setback if he dares plunge into the APC primary, alleging that some of the political foot soldiers of the former governor had deserted him. The governor, who made the allegation in Ado Ekiti yesterday during a press conference he tagged: ‘Through the Ballot, Not the Backdoor,” boasted that the people of state and noble people across the country would truncate the plot from materialising. Fayemi however, said he won’t dignify his successor with any response, saying the allegation was not new to him. Fayose said: “In the last few days, Fayemi has been boasting that the Supreme Court will be made to review its judgment of April 14, 2015, which validated my election. This was an election that was adjudged free, fair, and credible by both local and international observers, including the United States government. “Having realised how

difficult it will be for him to clinch APC ticket not to even talk of winning the election proper, Fayemi has opted to seek power through the backdoor, claiming that he already has the backing of three newly appointed justices of the Supreme Court, the DSS and other top organs of the federal government to force the Supreme Court to review its judgment on the Ekiti State 2014 governorship election. “Fayemi and his cohorts are even boasting that they are only putting pressure on the new Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, to join them in the plot. “It was in furtherance to this plot and the assurances that he may have gotten that Fayemi said in an interview published in a national daily of Sunday, March 26, 2017 that rather than joining a ‘so-called governorship race,’ his preoccupation was to get to the root of what actually transpired in Ekiti on June 21, 2014, going further to state that ‘it is too early to start talking about 2018 governorship race when there is still unfinished business.”’ The governor queried: “What unfinished business was he talking about in an election that he lost clearly? What unfinished business does Fayemi have with an election that I won fair and square, defeating him in all the 16 local governments of the state. “Mind you, that June 2014 election was the second time I would be trouncing an incumbent governor. The first being in 2003 when I defeated the sitting Alliance for Democracy (AD) governor, Niyi Adebayo. “As I address you today, there is credible information that Fayemi has provided funds for the filing of the matter at the Supreme

Court and he has assured his loyalists in the APC in Ekiti State that the presidency and a section of the judiciary, especially the newly appointed Supreme Court justices are in total support of the plot to remove me at all cost. “It is however my advice that the Supreme Court and indeed the entire judiciary should be mindful of this banana peel coming from the same people who orchestrated the DSS invasion of judges residences in the night just because they refused to assist them to perpetrate injustice.” Substantiating the fact that Fayemi’s case has no root in the constitution, Fayose said: “They are also aware of the position of the Supreme Court judgment on Andy Uba that there must be an end to litigation, a position also affirmed in the case of Prof. Steve Torkuma Ugba vs. Gabriel Torwua Suswam. “Most importantly, in Segun Oni vs Fayemi, he (Fayemi) was a beneficiary of the suis generis (time bound) nature of election matter and the matter becoming functus officio once judgment is delivered by the final court as provided by the Electoral Act, and sane minds should wonder what magic he intends to perform by going to the Supreme Court on an election matter already determined at the final court, if not that he may have indeed gotten the assurance of the powers that be. “We are also concerned that allegation made by a Supreme Court judge, Justice Sylvester Ngwuta, that the Minister of Transportation and former Hovernor of Rivers State, Rotimi Amaechi, begged him to ensure that Fayose’s election was set aside and another election ordered for his friend, Fayemi to contest was ignored,” he concluded.

Kwara APC Raises the Alarm over Alleged Plot to Remove Saraki Hammed Shittu ÓØ ÖÙÜÓØ The Kwara State chapter of All Progressives Congress (APC), the yesterday raised the alarm over the purported move by some national leaders of the party and a faction of the Peoples Democratic Party(PDP) in the state to remove the Senator President, Dr. Bukola Saraki, from office. The party in a statement issued in Ilorin, signed by its State Publicity Secretary, Alhaji Sulyman Buhari, said:, “The party expressed confidence that the renewed plot against the Senate President will crash just as previous plots were defeated.” The statement read: “Few days ago, some aggrieved party leaders took desperation notch higher by coopting, inducing and bribing a factional leadership of the PDP in Kwara State into the renewed and widely orchestrated plot to malign the personality of the Senate President. “We are aware the ultimate

motive of the plot is to unlawfully remove Saraki from office. “The people of Kwara State are watching the activities of the Prince Sunday Fagbemi-led faction closely. “This is a faction that is still struggling and battling for legitimacy. We warn that they back out from the plot against the Senate President or they would face serious uprising from the people of Kwara State. “For instance, the seeming controversies over who owns an allegedly stolen N310million was needless because the owner of stolen money is the complainant in the matter. “A certain Bureau de Change operator reported to the appropriate authorities and made written statements. “The Department of State Services (DSS) also issued a statement in November, 2015 where the agency clearly stated that the stolen money belonged to a BDC operator. “Yet, some aggrieved party leaders and their media agents are seeking to impugn the

integrity of Saraki with the issue. “On the issue, we view the decision of the DSS to reiterate the truth and lay the matter to rest as commendable. “We strongly believe the renewed media onslaught against the Senate President is supported, financed, oiled and engineered by the aggrieved party leaders whose candidates lost out on June 9, 2015. It is clear they have not reconciled themselves with the reality that the election to the office of the Senate President ended on the 9th of June, 2015”. The party noted that,”Having realised the politically sponsored case at the Code of Conduct Tribunal will soon fall like a pack of cards, they have resulted into yet another media trial through media onslaught against the Senate President. “We wish to assure those agents of destabilisation and pseudo democrats that are hellbent on derailing democracy because of their personal gains that it shall be fire for fire henceforth”.

TUESDAY, APRIL 4, 2017˾ T H I S D AY

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Members Move to Back Agbaso as APGA National Chairman Amby Uneze ÓØ áÏÜÜÓ As crisis rocks the All Progressives Grand Alliance (APGA) owing to the

leadership problems created by the suspended National Chairman of the party, Mr. Victor Oye, leaders of the party across the country

Group Accuses Falana, Sagay of Arrogating AGF’s Functions to Selves David-Chyddy Eleke in Awka The International Society for Civil Liberties and the Rule of Law (Intersociety), a rights group based in Onitsha, has accused Prof. Itse Sagay (SAN) and his colleague silk, Femi Falana, of usurping the functions of the Attorney General of the Federation (AGF) and Minister of Justice through their comments. The group said by giving opinions on legal matters to the federal government and to Nigerians, the lawyers were performing the functions of the AGF. Speaking through its Chairman Board of Trustees, Mr. Emeka Umeagbalasi, in a statement made available to journalists in Awka, Anambra State, the group said such legal opinions were the major cause of the feud between the executive and the Senate lately. It maintained that such opinions had misled the executive in some of its actions and decisions. Part of the statement read: “The power of the Chief Law Officer of the Federal Republic of Nigeria or the Federation; particularly in matters of unbiased, sound and public

oriented legal opinions as well as respect and enforcement of the rule of law and governance policies and procedures and chief crime prosecutor; are clearly vested in the AGF. This is by virtue of Sections 150 and 174 of the 1999 Constitution. “We at Intersociety, are worried over mindless and rapacious institutionalisation and cementation of personal legal opinions and biases in the art of public governance in Nigeria particularly since June 2015. “Apart from clear takeover of the constitutional powers and functions of the AGF by some lawyers particularly those holding the non-academic title of “Senior Advocates of Nigeria,” such personal legal opinions and biases have gravely emboldened the presidency of Nigeria and forced same to partly or wholly abandon the Constitution and laid down conventions in executive recklessness and blunders particularly in matters of temporary and substantive appointment of certain persons as “public office holders” in the presidency or executive arm of government. “It is unheard of in a sane democratic society that a public office holder appointed in

N3bn Euro Global’s Ethanol Plant Under way As part of its backward integration drive, leading distiller firm, Euro Global Food and Distilleries Limited, a member of Sona Group of Companies has completed a critical phase of its N3billion Ethanol plant. The plant which is 90 per cent at completion stage will enable the company boost its local production. Euro Global which is set to produce premium products for consumers in the spirits sub-sector, will now depend less on imported raw materials by manufacturing greater quality products from its state of the art, Ethanol plant, rated by experts as world class. Also, the plant has been built to cater for more than what the company needs in a bid to sell the excess production to other Nigerian distillery firms. The move of selling to Nigerian Distillery firms is an effort to boost the country’s Gross Domestic Product (GDP) by reducing the dependence on imported raw materials. With the completion of the critical phase of the plant, quality alcoholic beverage brands would soon roll out of the company. Mr. A. K. Mirchandhani, Chairman, Euro Global Food and Distilleries Limited, revealed

that it took the company six years to put the plant in good shape and it is the largest single ethanol plant in Nigeria with a capacity to produce 120,000 litres of ethanol daily. Sona Group and subsidiaries like Euro Global Foods and Distilleries Limited aim to achieve 99 per cent local input preference in its production. It has also created thousands of indirect jobs for many Nigerians in the extractive industry, especially farmers, in addition to thousands of direct employment opportunities created. “Euro Global and its parent company, Sona Group, are in Nigeria for good. Satisfaction to us is knowing that our customers and distributors are happy. This is why we are constantly researching to ensure that we manufacture quality products that meet our customers’ needs and make good business for our distributors to market,” Mirchandani said. Euro Global and Distilleries is a major market leader in Nigeria and its neighbouring countries producing, packaging, marketing and supplying premium world-class alcoholic and non-alcoholic drinks and beverages.

seemed to have found a better replacement. THISDAY gathered that the leaders might have settled for a one-time governorship candidate of the party in Imo State, Chief Martin Agbaso. Feelers from the party revealed that delegates from the 774 local government areas of the country stormed the country home of Agbaso at his Emekuku Ranch Resort, in Owerri North Local Government Area of Imo State at the weekend where they appealed to him to take the national chairmanship position of the party which is begging for a leader with national clout. At the meeting, THISDAY learnt that various speakers extolled the leadership qualities of Agbaso over the years, as well as his numerous contributions which has kept

the flag of the party flying in the South-east. They added that it was Agbaso who single-handedly secured victory for the party in 2011 governorship election in the state by delivering the incumbent governor of the state, Chief Rochas Okorocha. According to a source, Agbaso was believed to have also won the governorship election under APGA in 2007 before his victory was allegedly stolen, which led to a prolonged legal battled which he eventually lost at the Supreme Court. Speaking with THISDAY after the meeting, APGA acting Deputy Chairman, Chief Jerry Obasi, said they were at Agbaso’s residence to lure him to redeem the image of the party which has been battered due to the problems

created by the Victor Oye-led leadership. Obasi, who described Agbaso as the only leader that has the national clout to move the party forward, said he also has the capacity to ensure that the party wins elections in more states both in the South-east and in other parts of the country. “With Agbaso, APGA is sure of retaining Anambra State. He is the only person that other parties are afraid to meet because of his reach and political assimilation which cuts across party discipline,” he said. The acting deputy chairman maintained that there was no way one state could produce all the key national positions of the party and still be called a national party, adding: “We are now ready to give the leadership of the party to a

more nationalistic personality who has the interest of members and the country at heart.” While it was difficult to reach Agbaso for comment, his aides told THISDAY that he was in a prolonged closed-door meeting with elders and leaders of the party. However, his Special Assistant on Political Affairs, Mr. Lambart Iweke, said Agbaso would issue a statement on the issue in a few days. He urged all APGA members nationwide to remain clam as effort to redeem the image of the party was being vigorously pursued to the overall interest of all, stating that the target is to ensure that APGA retains Anambra State and wins other states in the South-east and beyond.

Mobil Oil to Change Corporate Name to 11Plc Ejiofor Alike

strict adherence to the Mobil brand, while complying with ExxonMobil’s global standards. “The company will rigorously sustain and follow ExxonMobil’s code of conduct, ethos and drive for operational excellence. NIPCO is delighted to be part of the 41,000 shareholders of MON. To all stakeholders, the company makes a promise

that this acquisition shall usher in stability, prosperity, sustainability and growth,” Venkatapathy added. NIPCO had executed a Sales and Purchase Agreement with ExxonMobil on October 17, 2016 for the acquisition of 216,357,157 shares of Mobil Oil. THISDAY had reported that with the completion of the transaction, NIPCO is required by

Following the successful completion of the acquisition of the 60 per cent equity of ExxonMobil in Mobil Oil Nigeria Plc by NIPCO Plc, the new owners will change the corporate name of Mobil Oil Nigeria Plc to 11plc, better pronounced as ‘Double One Plc’ NIPCO Investments Limited, a wholly owned subsidiary of NIPCO Plc had completed the acquisition in deal worth N90 billion. Cordros Securities Limited acted as the execution stockbroker for both ExxonMobil Corporation and NIPCO Investments Limited. Speaking with journalists yesterday, the Group Managing Director of NIPCO Plc, Mr. Venkataraman Venkatapathy, said Mobil Oil Nigeria Plc would change its name to 11Plc in furtherance of the agreement with ExxonMobil. Venkatapathy, however, added that the new company would retain the Mobil Brand. He said with the successful completion of the acquisition, NIPCO would review the two existing business models with aim of to synchronise and harmonising their operations. “NIPCO intends ultimately, that each of the entitles will remain and function independently. Running the two entities separately will engender financial and strategic merits. Focus will now be placed on expansion of the retail footprint under the Mobil brand. Concerted efforts will be deployed towards promoting the Mobil brand of lubricants in Nigeria to ensure that it captures a much larger national market share, whilst ensuring that it continues to retain its pivotal position as the premium lubricant brand in Nigeria,” he explained. He lauded ExxonMobil for entrusting this invaluable asset to NIPCO, stressing that the new owners would strive to justify this implicit confidence reposed in them by ensuring

the Investment and Securities Act to make a takeover bid to all minority shareholders of Mobil Oil Nigeria Plc. The Board of NIPCO has already sent an application to SEC for a takeover bid and has received SEC’s “Authority to Proceed” with the takeover bid at the same price of N417.12 the acquisition was carried out.

T H I S D AY TUESDAY APRIL 4 2017 ADVERTORIAL

TUESDAY, APRIL 4, 2017˾ T H I S D AY

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Court to Rule on Okah’s No-case Submission May 16 Alex Enumah ÓØ ÌßÔË A Federal High Court sitting in Abuja yesterday fixed May 16 for ruling on a ‘no case’ submission by Charles Okah and Obi Nwabueze, who are standing trial for their alleged involvement in the 2010 Independence Day bombing at

Eagle Square in Abuja where several persons lost their lives. The trial judge, Justice Gabriel Kolawole, fixed the date after listening to counsel’s argument for and against the issue. At the resumed hearing yesterday, counsel to the first defendant, Emeka Okafor, who stood in for Samuel Zibiri

PDP Women Commend Jonathan’s Mediation in Party’s Crisis

(SAN), informed the court that the defendant has filed a no case submission because the prosecution has failed to establish a prima facie case against him. Okafor said the sole issue for determination before the court is to determine credibility of evidence leading to element of proof. He therefore urged the court

to dismiss the suit and discharge the defendant. “It is our final submission that Okah does not need to go through rigorous trial as the prosecutor has no evidence to prove any ingredient of offence he is charged with. We urge you my Lord to discharge him,” the counsel added. Similarly, counsel to the second defendant, Oghenovo Otemu, while aligning himself

with the submission of Okafor, submitted that the prosecution has not been able to link the defendant with the alleged offence he is charged with. He said prosecution’s inability to link the second defendant with offences was fatal to the prosecution of his client, urging the court to uphold the no case submission and dismiss charges against

the second defendant. Responding, prosecution counsel, Alex Iziyon (SAN), asked the court to dismiss the no case submission by the defendants, saying the prosecution has been able to establish case against them. Justice Kolawale, after taken submissions of counsel, adjourned till May 16 for ruling on the matter.

Party holds key stakeholders’ meetingThursday The Peoples Democratic Party (PDP) Women’s Forum has commended the roles being played by former President, Dr. Goodluck Jonathan, towards resolving the differences in the party. The women who made this known during a courtesy call to the ex-president in his Abuja Office yesterday, stressed that they were completely in support of the efforts of the former president. Leader of the group, Senator Biodun Olujimi, former Deputy Governor of Ekiti State and Deputy Chief Whip of the Senate told journlists after the meeting that PDP women believe in the leadership roles of the former resident, adding that Jonathan would be part of a major stakeholders meeting on Thursday which would bring together representatives from all the organs and interest groups in the party.

She said further: “We intend that former President Jonathan takes the leadership role in our party. He is our leading light and he is the leader of the party. As it is, he is the only former president who is still within the party and alive. “So we believe he is the only voice that can bring all warring groups together and will be able to resolve all the issues. That is exactly what he has decided to do. He even told us that there is a major stakeholders meeting on Thursday this week where efforts will be made to resolve most of the issues in the party.” Other women in the delegation included Mulikat Akande, Senator Esther Nenadi, Ambassador Nkoyo Toyo, Hon. Becky Igwe and Chief Remi Adiukwu Bakare. Speaking earlier Ambassador Toyo explained that the PDP women’s forum has been in existence since October last year.

Obasanjo, Amosun, Adeboye, Others Celebrate Obey @75 Sheriﬀ Balogun ÓØ ÌÏÙÕßÞË Former President Olusegun Obasanjo, Ogun State Governor, Senator Ibikunle Amosun, Deputy National President, Pentecostal Fellowship of Nigeria, Bishop Wale Oke, General Overseer, Redeemed Christian Church of God Worldwide, Pastor Enoch Adeboye, among others, gathered in Abeokuta, the Ogun State capital yesterday to celebrate the Juju and gospel maestro, Chief Ebenezer ObeyFabiyi at 75. Oke who delivered the sermon at the 75th birthday ceremony, described the celebrant as an epitome of humility whose music “is philosophical and preaching morals encouraging people to do good.” Citing from verses Psalms 71 and 73, he asked for God’s guidance, protection and strength for him as he said King David asked God when he was getting old. He said in every human being’s life, there were three seasons - morning, afternoon and evening, adding that all mortals would want their evening to be better than morning. Meanwhile, Amosun, disclosed that the state

government would build a museum in honour of Ebenezer Obey-Fabiyi. He said Obey-Fabiyi’s music taught totality of life and it has moved beyond Nigeria to the entire global community. He, therefore, said when he travelled to the United States of America, he saw the works of the Ogun State-born music displayed in a shop in New York. Amosun said he never failed to listen to his music every morning before setting out for the office, because there was always a prayer or a philosophy, which could serve as driving force for the day. Also, former Lagos State Governor, Senator Bola Ahmed Tinubu, has described ObeyFabiyi, as an astute entertainer whose songs will always remain evergreen. Tinubu congratulated Obey on his 75 birthday, and wished him many more years on earth. In a statement yesterday by his Media Office, wherein the All Progressives Congress (APC) national leader felicitated with the music star, A Tinubu said: “I congratulate Chief Commander Ebenezer Obey on his 75th birthday. It’s a great accomplishment to so be blessed by God as he has been.

RIVERS IS WORKING

R-L: Rivers State Governor, Nyesom Ezenwo Wike; Senate Minority Leader, Senator Godswill Akpabio; and Managing Director of Amaranth Greetam Ltd, Valentina Abraham, during the inspection of landscaping architecture at Air Force overhead bridge, Port Harcourt ....yesterday

Edo Govt Battles to Save Toddler with Severe Burns Adibe Emenyonu ÓØ ÏØÓØ ÓÞã The Edo State Government yesterday intensified effort to save the life of a five-year-old who suffered sever burns during a fire outbreak at the residence of his parents, appealing to medical doctors handling the case to hasten his treatment. The Chief of Staff to Governor Godwin Obaseki, Mr. Taiwo Akerele, stated this when he paid an unscheduled visit to the University of Benin Teaching Hospital (UBTH) on behalf of the governor, and urged the doctors to do all within their capacity to ensure the boy lives. Akerele who was received by one of medical doctors handling the boy’s case, Dr Philip Osho, as well as the child’s mother, said the Obaseki-led government places a high premium on the lives of

every citizen. He said it was borne out of this that the government decided to offer financial support for the treatment of the victim. “We must do all to ensure the survival of this child because we don’t know what the future holds for him, who knows if he may be the President of this country,” he said. The victim was rescued from a fire incident about a week ago when his parents were out of the house. Doctors said the body surface was over 52 per cent burnt because of the impact of the fire incident that consumed his older brother. The five-year-old Martins and his brother were said to have been locked in the room of the oneroom apartment by their father who was said to have rushed

out to get something, when the fire incident occurred. While Martins was lucky to have been rescued alive by neighbours through the window, his elder brother was however not lucky. Explaining the degree of burns, Osho said the boy’s whole skin in the affected areas were completely gone. “If you look at the surface of the burnt area, you will see that it is brown, usually if it is pink, it means it is superficial, but this brown one means it is full thickness, the whole skin is gone. “So, this child needed to be taken to theater, probably three to four times to remove all the burns. He, however, needs lot of blood during the removal, because lot of blood is lost in the process. “Thereafter, we will look for

skin to cover these places, or else the child will be here until the second coming of the Lord,” Osho stated. He, however, attributed financial constraint as the major challenge preventing the child from proper medical care, adding that the child had missed some doses of the anti-biotic treatment he was placed on over inability of his parents to pay his medical bill. “As we speak, the plan is to even change the anti-biotic treatment to another one, but the question is, where will the money come from?” he enquired. The boys mother, Sofia Denisson, 36, who was appreciative of the gesture from the state government, had cried out that she did not want to lose the child, as she has already lost one through the fire at her home.

Edo Governorship Election Tribunal to Announce Date for Judgment Adibe Emenyonu ÓØ ÏØÓØ̋ÍÓÞã Counsel to the parties in the Edo State governorship election petition tribunal yesterday adopted their final submissions and addresses to the tribunal, just as the Chairman of the tribunal, Justice Ahmed Badamasi, expressed satisfaction with the conduct of the counsel, and ruled that the date for the judgment would be communicated to them.

Pastor Osagie Ize-Iyamu, the governorship candidate of the Peoples Democratic Party (PDP) in the September 28, 2016, governorship election in the state, had approached the tribunal, asking it to declare him winner of the election, and urged the Independent National Electoral Commission (INEC) to withdraw the Certificate of Returns issued to the candidate of the All Progressives Congress

(APC), Mr. Godwin Obaseki ,who was declared winner of the election by the commission. The adoption of addresses by counsel to parties witnessed another display of legal fireworks as the counsel to INEC, Onyechi Ikpeazu (SAN); Chief Wole Olanipekun (SAN), and Lateef Fagbemi, counsel to Obaseki and APC respectively, buttressed their arguments on the point of law, urging the tribunal to dismiss

Ize-Iyamu’s petition as it failed to proof beyond reasonable doubt the petition before the tribunal. But counsel to Ize-Iyamu and the PDP, Yusuf Ali (SAN), insisted that they had provided the tribunal with the evidences needed by the tribunal to annul the election of Obaseki, asserting that there was merit in their petition and that Ize-Iyamu should be declared the authentic winner of the election.

T H I S D AY ˾ TUESDAY, APRIL 4, 2017

TUESDAYSPORTS

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

C O M M O N W E A LT H G A M E S

Ambode Receives Queen’s Baton, Tasks Team Nigeria to Excel in Gold Coast Femi Solaja Lagos State Governor, Akinwunmi Ambode, has tasked the country’s sports administrators to use the Queen’s Baton relay trip to Nigeria to kick-start preparations for how Team Nigeria will excel when the 2018 Commonwealth Games begin in Gold Coast, Queensland, Australia next year. The Games are scheduled to start on April 4 through April 15, 2018. The Queen’s Baton relay has been the traditional curtain-raiser to the Commonwealth Games since the 1958 edition in Cardiff, Wales when it was first introduced as part of the games. Governor Ambode who received the Queen’s Baton at Alausa yesterday said that it has become necessary for Nigeria to put its facilities in good order to encourage the youths of the country to excel in sports. He said that Lagos was in the vanguard of revamping all her sports facilities to give athletes conducive atmosphere to prepare and to win medals for Nigeria. The governor who received the Queen’s Baton from President of the CGA in Nigeria, Habu Gumel, congratulated Australia as the host of the Commonwealth Games next year. Speaking earlier, Gumel promised that Team Nigeria would excel at the Commonwealth Games noting that Nigeria has always being a powerhouse at the Games adding that preparation was already on from different sporting federations to ensure that Team Nigeria surpasses the 11 gold medals and 11 silver medals won at the last Games in Glasgow. Sports Minister, Solomon Dalung, who represented President Muhammadu Buhari thanked Ambode and expressed

his willingness to collaborate with states willing to revamp dilapidated facilities for the good of Nigerian youths. Dignitaries present at the short but colourful ceremony included the leader of the International QBR Team, Gideon Sam, Adam Best, Patricia Quayle, Jeremy SuttonHibbert and Colin Briggs. There were also Australian High Commissioner in Nigeria, Mr. Paul Lehman, Chief Solomon Ogba, Hon. Tunde Popoola, Mrs Hauwa Kulu-Akinyemi, Dr. Rafiu Ladipo, Dr. Jonathan Nnaji, Rev Ikpea and a galaxy of Nigeria’s former and athletes and Paralympians including; Chioma Ajunwa, Yusuf Alli, Henry Amike, Falilat Ogunkoya, Enefiok Udo-Obong, Rashidat Ogundele, Bose Omolayo, Kehinde Paul, Virginia Ohagwu. Lagosians later trooped out en-masse buoyed by the music of supporters club led by Dr Rafiu Ladipo as the Queen’s Baton passed through Ojuelegba and back to the National Stadium in Surulere. The highlight of the programme was the cultural and choreography display by children with disabilities from the famous Pacelli School for the Blind and Partially Sighted Children and Heart of Gold Hospice in Surulere. The Queen’s Baton relay was first hosted in Nigeria in April 2002, ahead of the event in Manchester and since then the Baton has visited the country in 2005, 2009 and 2014 before the Commonwealth Games in Melbourne (Australia), Delhi (India) and Glasgow (Scotland) respectively. Her Majesty Queen Elizabeth II flagged off the Baton Relay at the Buckingham Palace on March 13. The next destination of the Queen’s Baton is Kenya starting from tomorrow.

Organisers Conﬁrm May 20 for Zenith/ Delta FA Cup Final The organisers of the ongoing Delta State Principal’s Cup sponsored by Zenith Bank have confirmed May 20 as the date for the final of the secondary school football fiesta which started last month across the state. The CEO of Hideaplux Limited, Warri, the organisers of the event, Tony Pemu, said yesterday in Warri that they earlier intended the final to coincide with this year’s Children’s Day celebration but had to adjust it for logistic reasons. “We were looking at May 27 the Children’s Day for final but later realised the governor would be too busy that day,” Pemu told reporters in Warri yesterday. Meanwhile, organisers of the Principal’s Cup are currently evaluating the results of winners submitted by all the 25 local governments in the state. Names of winners were submitted last week to the organisers but the names have been subjected for thorough

verification to guarantee fair play. Pemu revealed that officials of the event have been moving from one school to the other to ascertain the authenticity of the names of the players given by the various schools. “We have started the process and eight of the schools have been covered. The students are currently writing examinations now and so this is the best time to know those who are students among those names given to use. “There will be sanctions against those who cheated and we want to complete the verification exercise before we come out with the names of winners at local government level.” The Deputy Managing Director of Zenith Bank, the sponsors of rejuvenated event, Ebenezer Onyeagwu, charged the organisers at the opening ceremony of the competition to do a good job in their effort to ensure a true winner emerge at the end.

R-L: Commonwealth Games Association Nigeria/NOC President, Habu Gumel; Sports Minister, Solomon Dalung; Lagos State Governor, Akinwunmi Ambode; President General, Supporters Club, Raﬁu Ladipo; and Nigeria’s Olympic Gold Medalist, Chioma Ajunwa; during the Queen’s Baton Relay trip to Alausa, Ikeja, Lagos…yesterday

NPFL: Enyimba, Kano Pillars, Six Others Set for Listing on Capital Market LMC, NASD, 18 Issuing Houses meet in Lagos today Another milestone event towards enlisting Nigeria Professional Football League (NPFL) clubs in the securities and exchange market has been scheduled to hold in Lagos today. At the event scheduled to hold at the Best Western Hotel (formerly Protea Hotel) on Awolowo Road in Ikoyi, eight of the clubs nominated at the last Annual General Meeting (AGM) of the League Management Company (LMC) for the pilot scheme would meet with financial, banking and legal advisors that were shortlisted following a recent Expression of Interest (EOI) call

made by the LMC. The clubs are Enyimba International, Kano Pillars, Rangers International and ElKanemi Warriors. The others are MFM FC of Lagos, Wikki Tourists, Shooting Stars and Gombe United. Eighteen leading issuing houses were shortlisted to act as advisors to the clubs following their expression of interest to participate in the process that will see a Nigerian football company listed for trading in the capital market. Some of the issuing houses include Finmal Financial

Services Limited, Cowrie Assets Management Limited, Fundvine Capital & Securities, GTI Capital, Afrinvest Securities, Bestworth Assets & Trust Limited and Capital Assets Limited. Also shortlisted were Investment One Financial Services Limited, Lead Securities & Investment Limited, Futureview Securities, ICMG Securities and WSTC Financial Services. The rest are Capital Bancorp PLC, Greenwich Trust Limited, MBC Securities, Africa Prudential Registrars PLC and United Securities Limited. The appointment of the advisers is pursuant to the

Memorandum of Understanding signed by the LMC and NASD OTC Securities Exchange which has a lead objective of opening the NPFL clubs to the investment from the capital market and also reducing the government total ownership of some of the clubs. The LMC Chairman, Shehu Dikko, had at various fora remarked that professionalising club management in line with standard business practices can only be achieved when private and corporate investment as well as community ownership is introduced in the ownership structure of the clubs.

No Rangers Decision on Amapakabo Yet Enugu Rangers Head Coach Imama Amapakabo will keep his position pending the outcome of the scheduled high profile meeting with the state governor Ifeanyi Ugwuanyi. The former Enyimba coach could not pass the acid test of the three-match ultimatum handed to him by the management as the Coal City side drew against Remo Stars in Enugu and lost to Katsina United and neighbours Enyimba. A source said the meeting, which was expected to be held within a week, has being pushed forward by the House Committee

on Sports. “For now Imama Amapakabo will continue his reign as Enugu Rangers head coach until the proposed meeting with the state governor hopefully before the week runs out. “The House Committee on Sports has been interceding aimed at brokering a way forward for the reigning champions. “The Committee had held several meetings with the general manager, Christian Chukwu, the head coach, Amapakabo, the team manager, Amobi Ezeaku and the players. “The meeting threw up issues related to poor funding as well as

players’ disenchantment over the unfulfilled promises as champions. “Of course, it’s common knowledge that the head coach was given a three-match ultimatum which ended with the derby loss at Enyimba. “The previous two matched ended with a loss to Katsina United and a home draw to Remo Stars in Enugu. “The Committee is not happy with the bottom-placed status of their reigning champions in the on-going top-flight. “The Committee has therefore asked the management to hold off on any decision on Imama

Amapakabo until the proposed meeting with the governor. “The Committee is positive that the meeting with the governor is certain to come up with firm solutions to the side’s plights, especially concerning funding and players’ welfare. “So for now no decision will be taken on Imama until that lifeline meeting with the governor is, held hopefully within the week,” said the unnamed source to supersport.com. The Flying Antelopes are at the bottom of the 20-team top-flight with three matches to spare against Kano Pillars, Wikki Tourists and Sunshine Stars.

Tuesday April 4, 2017

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MISSILE Odumakin to Bamaiyi “Bamaiyi’s autobiography is an attempt to reverse history and de-odourise the evil plot that stalled Nigeria for ﬁve years. And Bamaiyi was a leading participant.” – Publicity Secretary to pan-yoruba group, Afenifere, Yinka Odumakin debunking claims by former Chief of Army Staﬀ, General Ishaya Bamaiyi (rtd) where he alluded among other things in his recent autobiography that NADECO members misled the late Chief Moshood Abiola widely believed to have won the June 12, 1993 presidential election, to take decisions that lead to his eventual death.

TUESDAY WITH REUBENABATI abati1990@gmail.com

Dino Melaye: The Making Of A Brand

t is a sign of the times, and a tragedy that the most popular Senator in the Nigerian National Assembly at this moment is not the person who has moved the most impactful motion, not a lawmaker who has proposed a thought-provoking bill, and certainly not any Senator who has given any impressive speech debating a matter of national importance. What we get, most of the time, in place of legislative responsibility, prudence, accountability and distinction is burlesque, farce, Japanese-styled Bungaku-Bunraku enactments, a dose of medieval commedia d’ell arte and an enormous supply of Yoruba Alarinjo with a bit of the Akata from Efik and Ibibioland. And the star in this comedy of errors that the Nigerian National Assembly has become is a gentleman called Dino Melaye. He is the perfect archetype of all that is wrong or right with the Nigerian legislature, a fine representation of contradictory binaries, and a lesson unto the rest of us. I am not condemning Dino Melaye. I am in fact just about to say that we created a man like him, just as before him, we needed a Busari Adelakun, and a Lamidi Adedibu to show us the true character of Nigerian politics. And to those who think Dino Melaye is something of an aberration, I say to them that Dino Melaye is indeed a true picture of Nigerian politics. He is much smarter and far more politically savvy than those who condemn him. His Wikipedia profile announces that his ambition is to be Nigeria’s President someday, may be he won’t become President, but he may suddenly show up in the future as something close to that high office. He is far more Nigerian than those who criticize or condemn him. He knows the system. He plays the system. He has the capacity to beat the system. Most people who get to the top in Nigeria beat the system, and when they do so, they flaunt their smartness in the people’s face. The pundits write their articles but nothing changes, because a man like Dino Melaye can get a whole Vice Chancellor of a University created under the Act to do his bidding, and a National Assembly to queue up behind him. I read one piece in which the writer was wondering how on earth we ended up with a Dino Melaye in the National Assembly: A man like that whose brand raises too many questions. His school certificate result is not exactly impressive. His year of graduation from Ahmadu Bello University has been controversial, even with the sitting Vice Chancellor’s needless testimony. Nobody is sure whether a BA or a BSc is the appropriate description of a degree in Geography. Dino’s name is allegedly missing in the University’s Graduation Year Brochure, an omission that nobody has been able to explain. There is an NYSC group photograph but he is just about the only person not properly dressed. Former classmates have confirmed that he was actually a university student and that he graduated, and the Vice Chancellor says he got a Third Class. Third Class! I have never seen any student so proud

Melaye of a Third Class like Dino Melaye. To celebrate his Third Class he wore to the National Assembly, a Doctoral candidate’s gown, and thus insulted the entire academic establishment. I have a Ph.D gown and the full robes of the Nigerian Academy of Letters, but no form of temporary insanity will make me wear either of both robes to a wedding party. Dino Melaye is a Nigerian Senator; nobody should be surprised if one of these days he wears his distinguished borrowed robes to a funeral just to convince everyone that he has a university degree. No serious person advertises a Third Class degree, but Dino Melaye says on top of that, he has acquired six additional degrees, including certificates from Harvard and the London School of Economics! The lesson from this is that the certificates of everyone who aspires to lead Nigeria at any level must be carefully verified henceforth. Only God knows how many persons at the highest levels in Nigeria are parading certificates and qualifications that should form the subject of scrutiny. A nation that is led by the least educated and the most ignorant of its population is definitely in trouble. In the United States, a man like Dino Melaye would probably never win an election. His former wife, Tokunbo accused him of battery and domestic violence and showed pictures to prove her point. Her short-lived successor made similar claims, spent six months and fled. There was another lady, one of those man-eating Nollywood girls who entertained us with her misery and the story of a child and DNA tests. If the wives and the baby mamas were wrong, Dino Melaye soon had a tiff with Senator Remi Tinubu and what he said about her menopausal status, we don’t have to repeat. He even went to the front of Remi Tinubu’s house in Lagos to pose for a photograph, daring her husband to do his worst. Senator Tinubu’s husband, the Jagaban of Borgu, Asiwaju of Lagos, former Governor of Lagos and national leader of the APC knew better. The last time Dino Melaye got into a duel, he came out of it with torn clothes, which he proudly advertised.

Dino Melaye poses as an anti-corruption crusader. He rides some of the most exotic cars in Nigeria, all labeled Dino 1 to 5 or whatever. He is loud, flamboyant, and unconventional. He can talk, which means he is articulate, he is fearless, he is also fiercely and stubbornly loyal to the incumbent Senate President Bukola Saraki. He can sing. He can dance. He obviously has no respect for women because he is a macho-man, an alpha male. He can also fight, and he considers journalists the scum of the earth. That is why when Omoyele Sowore of Sahara Reporters digs into his past and qualifications, his immediate response is to say that he is being stalked and to go after the investigative journalist with everything that he can deploy. Melaye was elected as a Senator to make laws for good governance, but he has been busy acting like he is an awada kerikeri actor on loan to the National Assembly. I am not condemning him. He won an election. In fact he has won many elections. The people who voted for him must see something in him. The man who represented Kogi West before him used to make useful contributions that made the headlines, he was respected for his informed interventions; there was never a time he wore torn clothes to the Red Chamber, but the people voted him out and elected Dino Melaye and since he started ruffling things up, nobody who voted for him has questioned him. You actually get the impression that Melaye is considered a hero in his Kogi West constituency. This should explain why he enjoys being the drama king of the National Assembly. To politicians of his type, every kind of publicity is good publicity. It is better to be heard and known, for whatever reason, than to be unknown and unsung. In Melaye’s mind, he is obviously having fun. The kerfuffle over his academic qualification is probably as far as he is concerned, a joke, because afterall, he doesn’t need more than a secondary school certificate to be a member of the National Assembly. When we write about him, discuss his politics, interview him, project him in the media, we are actually promoting his politics and brand. His kind of brand works in Nigeria. What was the value of Busari Adelakun’s politics or that of Lamidi Adedibu? But both men ended up being more prominent in their constituencies than other politicians of their time. Lamidi Adedibu, the exponent of Amala politics, was so powerful, when a certain Governor refused to pay him Godfather-rent, he got him removed from office and as they say, nothing happened. Adedibu derived his power from being close and loyal to a bigger man of power. He could sing too. And he could dance. And that is perhaps why Dino Melaye should be taken seriously when he breaks out into a song: A je kun iya ni o je A je kun iya ni o je E ni ti o to ni na, to n dena de ni A je kun iya ni oje That song is now top of the charts in

Nigeria today, with a remix and multiple parodies by other public figures. The only man who is probably yet to learn that song is Senator Ali Ndume, but it is a song that speaks to him directly and accounts for his six-month suspension from the Senate. It is also a song about power and dictatorship. There is nothing in it about values or fairness, or justice. It is a might-is-right composition, about the mighty punishing and oppressing the powerless. “A je kun iya” emphasizes the severity of punishment, “eni ti o to ni na” underscores the imbalance of weight, and the lack of equality in strength. It is a song of intimidation, threat and abuse, completely arrogant in tone and sense. Dino Melaye knows how to taunt his critics. I visited his website: dinomelaye. com. There are nice photographs and links to other sites including his Facebook page, projecting him as a courageous and outspoken anti-corruption crusader and a political activist. We do not find any information about the bills and motions that he sponsored, or projects that he has embarked upon, or his relationship with his Kogi West Constituency. This may be an oversight on the part of those who manage the site for him, but their omission is perhaps in order, since Dino Melaye is better known for the drama that he creates. His Wikipedia profile offers nothing more impressive other than the notably juicy details about his marital life, his threat to “beat and impregnate another man’s wife”, and his monumental contribution to legislative debate about how Nigerian men should stop “importing” wives from foreign countries. To this should be added his promotion of the “aje kun iya” folk song into a quasi-national anthem. Elsewhere, a lawmaker’s profile online would refer to his or her electoral history, committee assignments and ideological positions on key national issues. What constitutes a lawmaker’s brand is what he stands for and how well he has served the people. Dino Melaye’s brand is peculiar: he can sing, dance, fight and speak out loud. He is an artful master of form. But what exactly does he stand for? What is his position on national security, healthcare, federalism, social security or agriculture? I don’t know. But I won’t condemn him, because he is a well-made product of Nigerian politics. It is after all, difficult to know what most contemporary Nigerian politicians stand for. He is in addition, probably much better than half of the National Assembly. He is more attentive at least than all those other Senators who don’t attend plenary, certainly better than those who have spent more time there dozing off, or the ones who have spent years in that Assembly and have never uttered a word, or sponsored a bill, support a motion or do anything of note. The pity is that many of such are now running up and down, seeking to become Governors in their states in 2019. So, why won’t Dino Melaye nurse the ambition of becoming President someday? A je kun iya ni o je…

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