Tuesday 18th April 2017 by THISDAY Newspapers Ltd

Post-TSA, Banks Reap Big from Savings Deposit Mobilisation Obinna Chima The full year 2016 audited results of 11 Nigerian banks have shown a significant shift towards savings deposit mobilisation by the financial institutions, reflecting the adjustment in their business strategies following the withdrawal of public sector

deposits to the Treasury Single Account (TSA) with the Central Bank of Nigeria (CBN). The results of the banks reviewed by THISDAY, showed that their savings account deposits increased by 31 per cent to N2.164 trillion in 2016,

compared to N1.649 trillion in 2015. The banks included Zenith Bank, United Bank for Africa Plc (UBA), Guaranty Trust Bank (GTBank), First City Monument Bank (FCMB), Access Bank, Fidelity Bank,

Unity Bank, Union Bank, Sterling Bank, Stanbic IBTC and Wema Bank. The amount is expected to rise when FirstBank, Ecobank Nigeria, Diamond Bank and Skye Bank, which have notified the Nigerian Stock Exchange

(NSE) about delayed filings, release their results. A breakdown of the amount reported by the banks showed that UBA’s customers’ savings deposits rose to N524.751 billion in 2016, higher than N407.036 billion it recorded

Abuja Airport Ready for Use, Says NCAA… Page 8

in 2015, GTBank’s savings deposits also increased to N454.436 billion in 2016, higher than N332.781 billion recorded in 2015, just as Zenith Bank’s savings deposits increased to N358.951 billion in 2016, higher than N246.113 billion it posted in the previous year. Continued on page 8

Tuesday 18 April, 2017 Vol 22. No 8034. Price: N250

www.thisdaylive.com TR

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& RE A S O

13 Killed in Yet Another Attack in Southern Kaduna…

Page 9

EFCC is Managing Controversy over N13.3bn Discovery Poorly, Says Saraki Commission obtains warrant to search of all flats in Osborne Towers Another apartment suspected to have hidden cash Fayose blasts Buhari, Amaechi threatens lawsuit APC demands apology from Rivers, Ekiti govs for linking minister to cash haul Ernest Chinwo in Port Harcourt, Martins Iﬁjeh in Lagos and Victor Ogunje in Ado-Ekiti Senate President Bukola Saraki has said that the controversy surrounding the recovery of N13.3 billion ($43.3 million) from

an apartment in Ikoyi, Lagos, by the Economic and Financial Crimes Commission (EFCC) has been poorly managed by the anti-graft agency and the parties involved. Continued on page 8

CBN Introduces Form X for SMEs Requiring Basic FX Documentation

Chika Amanze-Nwackuku

As part of its objectives to increase foreign exchange liquidity and make it accessible to small and medium enterprises (SMEs) and other retail businesses, the Central Bank of Nigeria (CBN) has introduced the use of Form X for SMEs that require basic

documentation. Confirming this in a statement yesterday, CBN spokesman, Mr. Isaac Okorafor said the innovative measure is meant to ease the bottlenecks associated with documentation usually encountered by this category of businesses. Continued on page 8

Dogara: Political Interests May Dent 2018 Census… Page 10

FORGING STRONGER BUSINESS TIES…

L-R: Ondo State Governor, Mr. Rotimi Akeredolu; Managing Director/CEO, Fidelity Bank Plc, Mr. Nnamdi Okonkwo; and Executive Director, Lagos & South West, Fidelity Bank, Ms. Nneka Onyeali-Ikpe, during a meeting of the bank’s executive management with the governor in Akure, Ondo State… recently

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PAGE EIGHT

Abuja Airport Ready for Use, Says NCAA Air Peace resumes flights to airport tomorrow The Director-General, Nigerian Civil Aviation Authority (NCAA), Mr. Usman Muktar, has certified the runway of the Nnamdi Azikiwe International Airport in Abuja ready for operation, adding that the airport can be opened tomorrow. Muktar stated this while speaking with newsmen during an inspection of the airport’s runway yesterday in Abuja. The Abuja airport was closed on March 8 for six weeks for the rehabilitation of its 3.6km runway. Flights were diverted to the Kaduna International Airport during the period. The federal government had announced that the airport would be reopened for normal operations on April 19. Muktar disclosed that NCAA had concluded the second phase of inspection as a follow up to the recommendations made to the contractors to correct some areas of concern earlier identified

by a team of experts. According to him, they inspected the runway on Sunday and made some observations, but the findings that were found were not too safety critical. He added, however, that the concerns were rectified yesterday. “We have carried out the inspection and we have confirmed that the job has been done quite satisfactorily in line with the International Civil Aviation Organisation (ICAO) standards and recommended practices. “So, the airport, the runway is very ready to accept flight operations safely. “By this, we are declaring that the airport and its runway are quite operational at the time that has been determined as the official opening of this airport,” he declared. Muktar said his agency has issued a Notice to Airmen (NOTAM) to all aviators worldwide that the airport is

ready for reopening tomorrow as scheduled. On the calibration of the airport, he said that nothing had been tampered with as far as the instrument landing system (ILS) was concerned to warrant recalibration. According to him, calibrations are normally scheduled and very soon, the airport will also be calibrated along with others. “It will be normal routine calibration which will be applicable to other airports that are due for recalibration,” he said. Earlier, the Managing Director, Federal Airports Authority of Nigeria (FAAN), Mr. Saleh Dunoma, had said that the runway was fully ready for reopening and confirmed that it had been completely cleaned up. Dunona said NCAA had given the operators a “clean bill of health”, adding that some of the observations raised by the team of experts on the repair of the runway had been corrected.

He explained that the runway was cleared “because we have our technical team working across the length and breadth of the runway to make sure that every detail is observed”. “That is why all equipment have been evacuated from the runway. Later, all the professionals at NCAA and FAAN will carry out a detailed inspection again to ensure that all debris is cleaned up during final cleaning. “Any moment from now, if there is any aircraft, we are ready to receive that aircraft, but of course, in aviation there are procedures because NOTAM has to be issued and the Nigerian Airspace Management Agency (NAMA) will do that and then we are ready,” he said. In line with the green light given on the Abuja airport, Air Peace, one of Nigeria’s domestic airlines, yesterday said it would resume flights to the airport tomorrow.

The announcement by the airline’s Corporate Communications Manager, Mr Chris Iwarah also thanked air travellers for keeping faith with it and by making a huge sacrifice during the repairs at the airport. Air Peace also commended the federal government and the Minister of State for Aviation, Senator Hadi Sirika, for the speedy completion of repairs at the Abuja airport. “We are pleased to announce resumption of all our flights into and out of the Nnamdi Azikiwe International Airport, Abuja, with effect from April 19. “The federal government shut the facility to air traffic on March 8 to enable a six-week repair of its runway and diverted all Abuja-bound flights to the Kaduna International Airport. “We considered the decision of the federal government to shut down the airport for quick repairs of its runway in tandem with

the high safety standards of our flight operations. “At Air Peace, the safety of our esteemed guests is our first rule of business. We do not compromise on that for any reason. “Although the decision to shut the facility to traffic came at a huge cost for us, nothing compares with safety. “We are also aware that our numerous guests and the entire travelling public had to make a lot of sacrifices during the repair of the runway and wish to commend them for their understanding and cooperation,” it said. Air Peace added that the repair of the runway further intensified its enthusiasm to deliver the best flight experience to its guests in a very safe atmosphere. “Our Abuja schedules are alive once again and we promise to give the best of air travel services as we resume our flight operations in the Federal Capital Territory,” the airline stated.

Also speaking on the face off between the executive and the National Assembly, Saraki said he has often explained that the relationship between the two arms of government was cordial, and was far better than it was in 2016. “What we have now is very cordial. If you look at the confirmation of nominations from the executive, we have cleared over 90 per cent. If you look at the national budget, the process is much better than in 2016. In few weeks, we will be done with the process. “I think people just sensationalise situations. The fact that one person’s nomination was rejected does not

mean there is controversy between the executive and the House. “We don’t define democracy based on individuals. We follow processes, and that is exactly what we have done. By virtue of our presidential system of checks and balances, there is bound to be one off frictions. That is what democracy is all about,” he added. When the Arise anchor, Charles Aniagolu reminded him that the executive recently set up a reconciliatory committee to look into frosty relationship between the Senate and the executive, Saraki said he was not aware of

reflection of the structural shift in banks’ business model in Nigeria following the federal government’s enforcement of the TSA in 2015. This development was evident in the aggressive campaigns and reward schemes churned out of the industry since the withdrawal of public sector deposits. Across the industry, banks in 2016 intensified strategies to remain dominant in the retail segment of the market. A lot of banks also refreshed their retail products to make them attractive to customers. As part of their campaign drive, several banks offered rewards to customers willing to deposit more cash with them through promotions where prizes such as cash, cars, generators, refrigerators, and other electronic gadgets were won through electronic draws. Some of the factors responsible for the decision to continue to woo retail customers included the full implementation of the TSA, weak economic activities, the restrictive monetary policy stance in the country, as well as the drop in oil subsidy payments. Afrinvest Securities Limited, in a report, pointed out that with the increased focus on the retail segment, “the future of banking is set to take a dramatic turn”. “We believe banks will begin

to specialise in specific areas of business to ensure they compete effectively in the new banking landscape. “While most banks are hinged on product differentiation strategies using innovation to remain afloat, we keep a keen watch on the industry’s competitiveness as events unfold,” Afrinvest added. Managing Director/Chief Executive, Fidelity Bank Plc, Mr. Nnamdi Okonkwo recently said the next phase of growth in the banking industry would among others be driven by fierce competition in the retail banking segment. The Fidelity Bank boss said his bank intends to remain steadfast by supporting Nigerian entrepreneurs through delivering special products and services. “The need to respond to our growing customer base and deepen our operation in the growing retail market vis-à-vis our commitment to make financial services easy and accessible necessitated further expansion in our products and services distribution capabilities,” he added. Similarly, the Chief Executive, GTBank, Mr. Segun Agbaje said recently that the bank would continue to drive its presence in the Nigerian market through retail focused products.

EFCC IS MANAGING CONTROVERSY OVER N13.3BN DISCOVERY POORLY, SAYS SARAKI He also said the EFCC has a responsibility to tell Nigerians who the money belongs to, as it had become embarrassing that up till now there was no clarity on the ownership of the money. Saraki’s remarks on the cash discovery were made last night on Arise News Night, a current affairs programme on Arise News Network, a THISDAY sister broadcast station, just as it was gathered that the EFCC has obtained a warrant from a court to search all the apartments in Osborne Towers, where the cash was discovered. The Senate President said what was presently going on was not

good for the image of the country, and the National Assembly, as a last resort, might step in if the parties involved are unable to resolve it and tell Nigerians what is going on. “I believe this is something simple that the organisation (EFCC) should manage, even before the speculation started coming out. The circus has to come to end as to whether it belongs to individuals, companies, agencies or a state government. “We, however, believe they will sort it out and eventually tell Nigerians who owns the money. Nigerians deserve to know. The circus must stop,” he said. He said Nigerians should not see

the anti-corruption campaign of the present administration as the fight of President Muhammadu Buhari, but should be seen as a Nigerian fight, as it can only be won when viewed as an institutional issue rather than a personal one. “I believe progress will be made faster if the process is transparent. Those are ways to strengthen institutions. When the process is transparent up to the investigative stage, people will not believe that it is because of this person that so, so, person is being prosecuted. “Corrupt people are very patient, but with a transparent process, the fight against corruption will be won.

“On our part, we are doing all it takes to strengthen institutions. We have four bills before us, one is with the Constitution Amendment Committee, one has been taken back by the executive,” he said. When asked if it was a failure of law enforcement that the EFCC did not monitor the Ikoyi apartment, Saraki said: “I would rather not comment and prejudge them because they might come before us. “But clearly, Nigerians must know, to save us this embarrassment. I believe they should come out and tell us who owns the money. I believe an agency like this should monitor and clear this mess,” he said.

Continued on page 9

POST-TSA, BANKS REAP BIG FROM SAVINGS DEPOSIT MOBILISATION Access Bank Plc’s customers’ savings deposits similarly improved to N179.070 billion in 2016, from N137.963 billion in 2015, Union Bank also reported a growth in savings deposits from N146.433 billion in 2015 to N169.597 billion last year,

while Fidelity Bank's savings deposits climbed to N155.019 billion in 2016, from N119.140 billion recorded in the previous year. Also, FCMB’s savings deposits rose to N139.771 billion in 2016, from N112.728 billion in 2015,

while Sterling Bank realised N52.357 billion through savings deposit mobilisation in 2016, up from N41.728 billion in 2015. Other banks that reported growth in savings deposits included Unity Bank – N46 billion in 2016, from N41.962

billion in 2015; Wema Bank –N45.339 billion in 2016, from N35.580 billion in 2015; and Stanbic IBTC –N38.630 billion in 2016, from N27.301 billion in 2015. The growth in savings deposit mobilisation was a

CBN INTRODUCES FORM X FOR SMES REQUIRING BASIC FX DOCUMENTATION He explained that the new form, which must be completed by all SME applicants, requires them to fill the form with a supporting application letter, as well as beneficiary invoice

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and bank wire transfer details. The objective of the new guideline, he further stated is to remove obstacles usually encountered by those whose FX needs for either visibles or invisibles transactions are as small as or less than $10,000. Okorafor reiterated the central bank’s determination to continue to ensure adequate supply of FX for genuine transactions in the coming days. The CBN last week opened a special FX window for SMEs to enable entrepreneurs import eligible finished and semifinished items not exceeding $20,000 for each business per quarter. That was in addition to the special intervention in the Bureau de Change (BDC) segment of the FX market that saw each operator accessing $20,000, against $10,000 per week. Okorafor had said: “The special interventions were necessitated by findings that

a large number of SMEs were being crowded out of the FX space by large firms and will also service genuine demand for invisibles like tuition fees, medical and personal/basic travel allowance.” The central bank has consistently sold dollars at both the spot and forward markets, and required banks to pay for the greenback, effectively draining naira liquidity in the market. Analysts noted that efforts of the CBN aimed at ensuring stability in the FX market may have already started yielding results, as the market is now awash with dollars. Indications of excessive FX liquidity in the market were evident on Thursday last week when operators could only pick a little over $39 million out of the $100 million offered by the central bank. According to market analysts, with this development, the naira is likely to firm up against major

currencies during the week at the parallel market. Also, as part of measures to sanitise the FX market, the CBN increased the limit on banks’ foreign currency borrowings to 125 per cent of shareholders’ funds after some lenders breached its regulatory limit due to the recent fall in the naira. Reuters reported that the new regulation replaces a 2014 rule capping foreign borrowings, including Eurobonds, at 75 percent of shareholders’ funds as Nigeria tries to manage widespread capital shortfalls at lenders due to a currency crisis and bad loans. The new rule also prescribes that all foreign borrowing should be hedged through the financial markets and debt should have a minimum of five-year maturity except for trade lines. It directed lenders to report on their utilisation of foreign currency borrowings on a monthly basis.

˾ TUESDAY, APRIL 18, 2017

PAGE NINE

13 Killed in Yet Another Attack in Southern Kaduna John Shiklam in Kaduna No fewer than 13 persons were reportedly killed at the weekend in Asso village, Jama’a Local Government Area in the southern part of Kaduna State after suspected herdsmen attacked the community. The incident, according to a source in the village, occurred about 7.30 p.m. on

Saturday when the herdsmen in large numbers invaded the community and started shooting sporadically. In a phone interview, the source who pleaded to remain anonymous, said several people who ran for their dear lives sustained injuries from gunshots and were rushed to the hospital. He said the attackers were heavily armed, adding that

the operation lasted for about 30 minutes without any help from the security agencies deployed last December to stop the persistent killings in that part of the state. The source said the attack, in the midst of heavy security presence in southern Kaduna, made residents lose confidence in the security personnel. In the wake of the latest

onslaught, Kaduna State governor, Mallam Nasir El-Rufai condemned the attack. The governor, in a statement by his spokesman, Samuel Aruwan, condole with the families of the victims and urged the security agencies to redouble their efforts in fishing out the culprits and bring them to justice.

He called on communities in the area to support the military, which would soon embark on a special operation to flush out the bandits from their hideouts, to ensure that the exercise is successful. The statement said agencies responsible for emergency services had been directed to offer relief to victims of the attack.

el-Rufai

Commission (EFCC) last week from the Ikoyi residence. The letter to Fani-Kayode read in part: “The attention of our client has been drawn to your tweet posted on your twitter timeline @realFFK, where you claimed that ‘the $43 million is Rotimi Amaechi’s. He owns the flat it was found in too. NIA story is fake news! NIA does not keep cash in minister’s flats’. “This story as uploaded by you is to your knowledge blatantly false, malicious and is aimed at impeaching the credit of our client, a two-time speaker of the Rivers State House of Assembly, a twotime governor of Rivers State and current Minister of the Federation. “Our client neither owns the cash nor the house where the cash was found and your story and claim are unfounded.” “Your twitter rant of 14/04/2014 at 04:16 was viewed by your 316,000 followers, re-tweeted 1,209 times and made a favourite by 434 followers as at the time of writing this letter today (April 14, 2017) at 7.15 p.m. and the list is increasing by the minute and same has satisfied all the conditions needed for a successful defamation case against you.” Amaechi’s lawyer gave FaniKayode seven days to issue an apology in five national dailies and on his twitter handle, failing which the transportation minister shall proceed to court seeking N500 million from him as damages. Reacting to the letter, FaniKayode said he was yet to received the letter or court processes from the minister but was ready to meet him in count. A terse statement by him media aide Jude Ndukwe said: “We have been inundated with calls concerning a threat by Rotimi Amaechi to sue Chief Fani-Kayode for defamation the over $43 million issue. We are not (losing) any sleep over this matter. We have not received any court processes or letters from Amaechi, but when we do so our lawyers will respond vigorously and appropriately.” Amaechi’s letter to Olayinka followed a similar pattern but demanded N750 million for defamation for each of the two tweets he released on the matter, totalling N1.5 billion. Following in the same path, the APC in Rivers State has demanded an apology from the state governor, Wike, and Fayose for linking Amaechi to the Ikoyi haul. In a statement issued in Port Harcourt yesterday, the state chairman of the party, Dr. Davies Ikanya, described the allegations as “mischievous, wicked, diabolical, evil and a desperate attempt to run down an innocent man whose only crime is that he led APC to defeat a party that prides itself as the largest political party in Africa”. He said: “It is on record that apart from the Abuja residence of Amaechi he has no other single plot of land in any part of this

country, so linking him to the ownership of the contentious Ikoyi estate and the huge sum found in it was nothing but an invidious plot to give a dog a bad name in order to hang it. “It is sad and shameful that a frustrated and disgraceful group with Wike and Fayose as the key actors should attempt to tarnish the hard-earned reputation of Amaechi just because he collaborated with other patriotic Nigerians to oust a regime that is now exposed as the most corrupt ever in the history of Nigeria. “We sincerely sympathise with Wike, Fayose and Fani-Kayode in this failed plot which has once again exposed them for their lowly type of life, even as we wish to remind them that one day we all shall stand before God Almighty to give account of the type of politics people like them are promoting in Nigeria devoid of integrity and ideology. “For the avoidance of doubt, we wish to state that Amaechi has nothing to do with neither the Ikoyi estate nor the huge sums of money discovered there by EFCC. “We urge Nigerians to ignore the antics of the likes of Wike, Fayose and Fani-Kayode. “Now that the revealing facts before the public domain disassociates Amaechi from this, we hereby request these three rabblerousers to formally apologise to Amaechi for this false accusation within two weeks or we may be left with no other option than to brief our lawyers accordingly.” APC also called on Wike to carry out his threat to go to court to compel the federal government to return the money to the Rivers State Government. “We urge Wike and his confused government in Rivers State to carry out their threat to sue the federal government, if by the end of seven days the contentious huge sum is not returned to the Rivers State Government or else they should hide their ugly faces in shame if they should fail to do as threatened,” the party said. It also urged the federal government “for once to take the continuous threat from Wike against the Buhari administration seriously and call him to order to avoid this confused undemocratic mind from aborting our hard earned democracy abruptly”. The APC state chairman added: “It is unfortunate for Wike to state that the Ikoyi $43 million was part of the proceeds of the Rivers State gas turbines sold during the administration of Amaechi, knowing very well that the money realised from the sale was duly lodged in the coffers of the Rivers State Government and budgeted accordingly. “Nigerians can now attest that Amaechi stands as the most vilified, persecuted politician in Nigeria for his bravery, patriotism and commitment to work for a better future for our country,” he pointed out.

EFCC IS MANAGING CONTROVERSY OVER N13.3BN DISCOVERY POORLY, SAYS SARAKI any committee, as there was no need for it. “But I don’t think that the committee was set up because we rejected one person. There are many nominees we have rejected, and been represented or replaced. “But we can’t define our democracy based on individuals. There is a process; the process is transparent. The president sent a name and the nominee has been rejected. That is it, we’ve played our own part; and I don’t think the executive is basing the relationship on the rejection of one nominee. “I’m not aware of the committee, I think it was announced after a cabinet meeting, but since then that has not happened. “May be on second thoughts, I think the question to ask is, is the committee really necessary? Besides, when the relationship was not as good as this, when we had major issues such as the budget (last year), we didn’t have a committee. “So this can’t define the relationship between the executive and the Senate based on one nominee, because we are addressing more important issues. “Also, I think the word face-off is very strong to use, because of the rejection of one nominee, I think there are one or two issues there but they can’t define the relationship,” he stressed. On why it was taking the National Assembly long to pass the 2017 budget, given that the lifespan of the 2016 budget will end on May 5th, the Senate President said he was glad that there was significant improvement in the way the legislature and executive had worked together on the budget. “I am very sure that by the time we come back from our break on April 25th, the budget will be passed. That is the time we have in place. We are checking with various committees to see that everything is in order. “Most of the agencies have defended their budgets, so all the committees are doing is compiling all the reports. The plan is that when we come back on the 25th (of April), that week we should go into the final consideration of the budget. “What the Appropriation Committees are doing is to just check that the committees have done their work properly. What we are presently doing is just the house keeping part that it going on,” he explained. Saraki also spoke on the National Assembly’s budget, stating that it was distinct from the federal budget. “On the National Assembly budget, we hope to change the way it’s been perceived, because in the past, not much was known about the National Assembly budget. “But when I came in, I said we were going to change that and make it transparent. We hoped that we could have done it in 2016, but in 2015, unfortunately, we did not settle down as a united Senate

as quickly as we could. “But now that everything is fine, the National Assembly’s budget will be transparent. Nigerians will know what every member receives. “By the time the budget is passed in the next few weeks, we will make it public and it will be to our advantage, because we hear statements like National Assembly members are the highest paid, because what people do is to take the budget and divide it by 469 members and arrive at our salaries. “But by the time we present the budget and by the time people see what goes to salaries of aides, what goes to capital, what goes to management, what goes to running costs, and what goes to actual salaries of legislators, the commentary will stop after they see the breakdown,” he said. However, when Saraki was reminded that there is the widespread perception that Nigerian legislators collect humongous salaries estimated at $189,000 per annum, which is 116 times above Nigeria’s GDP per capita, he dismissed the notion, stating: “Those figures like I explained are arrived at when they have taken the bulk budget of N115 billion and divided it by 469 members and come with a figure of $189,000 per annum. “When we release the detailed budget, you will see what is the salary, you will see what is allowances, you will see what is the cost of running the offices, you will see what is management, you will see the cost of legislative studies, you will see the cost of the capital budget. “So you will now be able to actually know how much a legislator earns and how much he is even paid to run his office, which he has to retire. But because over the years, it has never been made public, people have concluded that legislators earn a lot more and they are not going to make it public. “Then again, if you look at other countries like the UK or US, in the US, a senator gets close to $1 million to $2 million to run his office, but nobody adds that to his salary. But because we have not broken down our budget, this has caused the misrepresentation,” Saraki said. He also explained that the allowances of legilators are determined by the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC).

EFCC Searches Osborne Towers Meanwhile, the EFCC, THISDAY gathered, has obtained a warrant from a court to search all the apartments in Osborne Towers, where the N13.3 billion was discovered. According to sources in the commission, the EFCC at the weekend wrote to all the occupants of the building notifying them that its operatives will carryout a search

of all the apartments. THISDAY learnt that the reason for the search arose from the suspicion that there might be more cash hidden in another apartment at Osborne Towers, other than Flat 7B. A source revealed that the whistle blower who blew the lid on Apartment 7B, had also informed the commission that another apartment has cash stashed in it. The whistle blower, the source said, is believed to be a young graduate who works in the building. It was for this reason that the commission went to court to obtain a warrant to search all the apartments in the building. THISDAY gathered that upon receiving the letter of the EFCC, several occupants of the building were very co-operative at the weekend and allowed the operatives to carryout a search of their flats. According to the source, about 21 flats in the building had already been searched by yesterday, including the penthouse and three flats belonging to the former National Chairman of the Peoples Democratic Party (PDP), Alhaji Adamu Mu’azu.

Fayose Blast Buhari, Amaechi Threatens Lawsuit But even as the EFCC went about its investigation, the fireworks arising from the accusations and counter-accusations over the N13.3 billion continued over the Easter holidays, with the Ekiti State governor, Mr. Ayodele Fayose describing as absurd the claim by the Minister of Information and Culture, Alhaji Lai Mohammed that looters have resorted to burying stolen funds in their backyards, forests and burial grounds. This is just as the Minister of Transportation Chibuike Amaechi has written to a former Minister of Aviation, Femi Fani-Kayode, and Lere Olayinka, media aide to Fayose, giving them a seven-day ultimatum to retract their allegations that he owns the money discovered in the apartment, failing which he would sue them for defamation. Also, the All Progressives Congress (APC) in Rivers State has demanded that the Rivers State governor, Nyesom Wike and Fayose must apologise to Amaechi for linking him to the Ikoyi billions. Fayose, in statement issued yesterday by Olayinka, said looters in the Muhammadu Buhari administration, especially those being compensated for funding the election of the president in 2015, have buried their own loot in the State House with presidential protection. The Ekiti governor wondered if it would be “wrong for other supposed looters that do not have presidential protection like their All Progressives Congress (APC)

counterparts to bury their loot in cemeteries, possibly for spiritual protection”. “Nigerians can no longer be fooled with stage-managed loot recoveries, with no traceable owners, especially when the loot is traceable to close associates of the president and his cabinet members. “Obviously, this so-called anti-corruption war has become a laughing stock with N49 million found in Kaduna airport, N448 million discovered in a shop in Victoria Island, Lagos, and N13 billion found in Ikoyi, Lagos, neither having owners nor the identities of owners of the properties where the money was found known,” he said. Fayose maintained that it was either the monies belong to members of Buhari’s government or was being planted by the government to sustain its “fake anti-corruption fight” in the minds of the people. He said: “Enough of the stagemanaged and fake anti-corruption war aimed solely at opposition figures, especially presidential hopefuls in the 2019 elections.” The Ekiti governor stated that two different laws were now being operated in the country, with one law for the APC and those who decamp to the party and the other for the opposition, especially those perceived as having presidential ambition. “The narrative they push daily is that only those in their government are saints while other Nigerians, including those in the National Assembly, judiciary, opposition politicians and the civil servants are rogues while only Buhari’s appointees are saints. “To worsen matters, the cluelessness of the APC government in the last two years has plunged the country into debt without anything to show for it. “The cabal in the presidency is also taking advantage of the president’s state of health, which is as a result of his age to oppress Nigerians. “Nigerians must therefore keep their eyes on the ball and not be carried away by the orchestrated distractions aimed at preventing them from seeing how the APC-led government has failed woefully,” he said. He also called on the international community to hold Nigeria accountable on the recovered N13 billion cash found in that Ikoyi apartment, warning: “This must not be swept under the carpet.” However, as Fayose lambasted the Muhammadu Buhari administration, Amaechi, in the letter written on his behalf by his lawyer, Mr. Lateef Fagbemi (SAN), gave Fani-Kayode and Olayinka seven days to retract their posts on the social media and apologise to the former governor for dragging his name into the controversy over who owns the billions of naira retrieved by the Economic and Financial Crimes

TUESDAY, APRIL 18, 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

Power Investors Kick against FGâ&#x20AC;&#x2122;s Plan to Escrow Discosâ&#x20AC;&#x2122; Accounts Ejiofor Alike

The 11 electricity distribution companies (Discos) under the aegis of the Association of Nigeria Electricity Distributors (ANED) have kicked against the plan by the federal government to escrow the revenue accounts of the distribution companies. Executive Director of ANED, Sunday Oduntan, who also stated in a statement yesterday that the government had backslid in the N100 billion subsidy payment and other privatisation requirements, argued that any attempt to escrow the Discosâ&#x20AC;&#x2122; account would be tantamount to nationalisation or expropriation of the Discos. â&#x20AC;&#x153;To date, the government

has not met the privatisation transaction foundational requirements of providing N100 billion in subsidy to the sector.Â Indeed, any attemptÂ at escrowing our accounts runs counter to the objectives of the National Electricity Power Policy, 2001 (NEPP) and the Electric Power Sector Reform Act, 2005 (2005), of a private sector-owned and managed electricity sector,â&#x20AC;? Oduntan said.Â Â He argued that it would also send very wrong signals to investors that Nigeria is not fully open for private sector investment but is still partial to the old habits of nationalisation, which prevents the injection of the cheap and needed capital that is critical to the rehabilitation and improvement of electricity

infrastructure.Â â&#x20AC;&#x153;You cannot have a supposedly private sector-owned and managed business in which the government now seizes control of its revenues.Â It is a contradiction in terms and practice.Â The same principle applies to any consideration of regulations or government action that intrudes into corporate responsibilities of procurement, financial management or personnel management,â&#x20AC;? he said. The Discos said they were not aware that the Nigerian Communications Commission (NCC) issued regulations to guide the internal procurements of the telecommunication companies. â&#x20AC;&#x153;Singularly and in aggregate, such proposed action would

endanger the ability of the government to hold the Discos responsible for performance,at a minimum, and at worse, amounts to government takeover of the Discos. It would absolutely, preclude further private sector investment in the sector,â&#x20AC;? Oduntan added. On plans to get Discos declare their eligible customers, ANED stated that eligible customers may only be declared by the minister when a competitive market exists in the Nigerian Electricity Supply Industry (NESI). â&#x20AC;&#x153;Such market requires the presence and utilisation of industry contracts; competition and efficiency that will drive down electricity prices for the customers, and infrastructure

that will allow for uninterrupted delivery of power to our customers,â&#x20AC;? he said.Â According to him, this competitive market does not exist, adding also that while Section 27 of EPSRA provides the minister with the authority to determine â&#x20AC;&#x153;end-use customersâ&#x20AC;? who shall â&#x20AC;&#x153;constitute eligible customers, it also requires that any such determination must be consistent with Section 28 of the same act, which requires that Discos must be compensated for any reduction in their ability to â&#x20AC;&#x153;earn permitted rates of return on their assetsâ&#x20AC;? or any inadequacy in their revenues, as a result of such determination.â&#x20AC;?Â Â Reacting to the N800 billion shortfalls in the sector ANED

further stated that the shortfalls undermine intervention objectives of the government. â&#x20AC;&#x153;Similarly, continued failure to account for the outstanding market shortfalls that are currently in excess of N800 billion will essentially mean that the upstream operators remain in financial jeopardy, undermining one of the governmentâ&#x20AC;&#x2122;s major objectives for the intervention - increased or improved liquidity,â&#x20AC;? Oduntan said. According to him, dearth of competitive market is a threat to the move by the government on the declaration of eligible power customers nationwide, and demanded compensation for any loss of revenue associated with such declaration.

AfDB President Predicts Dangote will Become Largest World Rice Exporter The President of the African Development Bank (AfDB), Mr. Akinwumi Adesina, has said Africaâ&#x20AC;&#x2122;s richest man, Aliko Dangote, will become the largest exporter of rice in the world by 2021. Adesina said this at the Mo Ibrahim Forum in Morocco at the weekend. He said Africa should focus on agriculture to drive growth and employment on the continent. Adesina, according to the News Agency of Nigeria (NAN), recalled that during his tenure as Nigeriaâ&#x20AC;&#x2122;s Minister of Agriculture, Dangote decided to invest in local production of rice due to governmentâ&#x20AC;&#x2122;s import substitution policies. He said Dangote initially planned a $300 million investment in production and processing of rice in Nigeria but later changed it to $1 billion three months after. â&#x20AC;&#x153;If they continue that policy, he would probably be the

single largest producer of rice in the world in about four years. â&#x20AC;&#x153;The reason I was so excited about that is that agriculture is cool; agriculture is a business and agriculture pays,â&#x20AC;? Adesina said. Dangote, the Chairman of Dangote Group, said he ventured into rice cultivation because of governmentâ&#x20AC;&#x2122;s interest to revive agriculture as the mainstay of the economy and reduce importation of food that could be produced locally. He lamented that Nigeria consumes 6.5 million metric tonnes of rice which costs the nation over $2billion annually and commended governmentâ&#x20AC;&#x2122;s policy that encourages private sectorâ&#x20AC;&#x2122;s active participation in agriculture. â&#x20AC;&#x153;In the next three years, we want to produce one million tonnes of quality rice, make it available and affordable to the people. â&#x20AC;&#x153;We hope to do 150,000

hectares and when we are done, Nigeria will not have anything to do with importation of rice,â&#x20AC;? Dangote said. According to him, Dangote Rice Outgrowers Scheme is committed to creating employment, increasing incomes of smallholders farmers and ensuring food security in the country. He said to achieve the goal, the scheme would provide high quality seeds, fertilizers, agro-chemicals and technical assistance on the best agricultural practice to farmers. â&#x20AC;&#x153;This scheme will help to diversify the economy, alleviate poverty and reduce the nationâ&#x20AC;&#x2122;s import bill. The scheme has been designed as a one-stop solution for the rice value chain,â&#x20AC;? Dangote stated. The pilot phase of the Dangote Outgrowers Scheme launched in Sokoto State would create jobs for 16,000 rice farmers in the state.

Troops Clear Boko Haram Terrorists out of Jarawa, Rescue 1,623 Persons Soldiers from the 3 Battalion, 22 Brigade, Nigerian Army in Operation Lafiya Dole, yesterday embarked on an offensive in suspected locations of Boko Haram terrorists at Jarawa area in Kala, Balge Local Government Area of Borno State. A statement by the Director, Army Public Relations, Brigadier General Sani Kukasheka Usman, said the troops were assisted by 10 Civilian JTF, clear Deima, Artano, Saduguma, Duve, Bardo, Kala, Bok, Msherde and Ahirde settlements. He said while advancing, the troops came under heavy fire at Jarawa village and that they responded

decisively. He added that during the operation, the troops neutralised 21 Boko Haram terrorists, rescued 1,623 residents of Jarawa who were held captives by the terrorists. He added the soldiers also recovered three AK47 rifles with registration numbers 565222414, 563729686 and UF 3646, a 36 Hand Grenade, 12 Cutlasses and 4 Motorcycles. He said rescued persons had been escorted to Rann Internally Displaced Persons (IDP) camp, while all the children were vaccinated. â&#x20AC;&#x153;One significant aspect of this operation is that the unit noted for its experience in battle, resilience and bravery

did not record any casualty,â&#x20AC;? he said.

KABIYESI ELERINMO IS HOSTED AT THE NYSE...

Kabiyesi Elerinmo of Erinmo in Osun State, Oba Michael Odunayo Ajayi (right), with the Head of Stock Listing, New York Stock Exchange (NYSE), Mr. Jim Byne, when the traditional ruler visited the NYSE as the special guest of the opening bell ceremony and met with Wall Street executives on investment opportunities in the agriculture sector... yesterday

Dogara: Political Interests May Dent 2018 Census Suggests population count should come after 2019 elections James Emejo Ă&#x201C;Ă&#x2DC; Ă&#x152;Ă&#x;Ă&#x201D;Ă&#x2039; T h e Speaker of the House of Representatives, Hon. Yakubu Dogara, has called on the people clamouring for conduct of population census in 2018 to exercise patience till after the 2019 elections when there will be no political pressure to manipulate its outcome. He said conducting Â population census in an election year might generate unrealistic results, and

therefore advised that the next administration should conduct the census at the beginning of its tenure when there wonâ&#x20AC;&#x2122;t so much at stake.Â The speaker, in a statement issued by his Special Adviser on Media and Public Affairs, Mr.Â Turaki Hassan, said he would not propose that a national census be conducted next year. He said: â&#x20AC;&#x153;I wonâ&#x20AC;&#x2122;t advise anyone to conduct national census in 2018. I said it before that if we are not going to

achieve it in 2017, then we should just forget it until after 2019.Â â&#x20AC;&#x153;If you conduct census at the niche of elections, there will be so much pressure, crisis and the lure for people to manipulate the figures for political reasons, such that the agency cannot even cope with. So it is better for a fresh administration to conduct this exercise from the beginning of that administration when we would not have any pressure of elections in sight. Then we may have something that resembles

reality, but I can bet you if the census is conducted in 2018, the outcome will be doubtable.â&#x20AC;? According to him, â&#x20AC;&#x153;Seriously speaking, because I know who we are and I know the kind of litigations, backlashes, the pressure that would follow it, so we donâ&#x20AC;&#x2122;t need that now to be candid. We have so many challenges, letâ&#x20AC;&#x2122;s empower the agencies to keep building on the blocks that they will leverage on in the future in order to do the exercise but doing it in 2018, honestly it is nothing I would advocate.â&#x20AC;?

TUESDAY, APRIL 18, 2017˾ T H I S D AY

NEWS

Accountant General: TSA Now over N7tn FG saves N4bn monthly on MDAs bank accounts The federal government has recorded over N7 trillion in the Treasury Single Account (TSA) as of March ending 2017, the Accountant General of the Federation (AGF), Mr. Ahmed Idris, has said. In an interview with the Economic Confidential in Abuja, Idris further said the amount represents monies belonging to different ministries, departments and agencies (MDAs) put in a portal in such a way that government can view the entire balance as one. “When we say we have over N5 trillion in TSA, it does not mean free funds for spending. These monies belong to various ministries, departments and agencies put in a portal in such a way that you can view the entire balance as one. “The movement is now over N7 trillion. But as I explained earlier, these are not free monies. People should not be thinking of why is government borrowing to fund budget. These are budgeted monies for MDAs for projects and developments,” he explained. Idris said the federal government, through the implementation of the TSA, has saved additional N4 billion monthly which could have been held by banks, noting that a total collapse of government activities would have occurred were it not that TSA was in place.

According to the AGF, “But let me also make a strong and important point. If not because TSA, is in place and now that the recession is here, only God knows what would have happened. A monthly drain of over N4 billion and yet no revenue coming in and leakages continued. It could have been a disaster. It was government’s foresightedness and focus even as TSA was in place before the recession. And that is why we are floating and not sinking, and we will not sink, God willing.” “For instance, why would one university have over 120 bank accounts, and some of them even hidden and missing and carrying huge balances. We also discovered that there are costs associated with keeping these multiple bank accounts. Every month the government incurs over N4 billion in maintaining these accounts! Yet government is borrowing its own money. And to stop government from borrowing its money and for the fact that there was no commensurate returns on such monies, it was double tragedy! This is like a sword with two sides that can cut with any of the sides. Sanity was brought with the introduction of TSA.” Speaking on the transparency in the disbursement of federation account monthly, the AGF noted that transparency and openness are key to the present

administration, adding that it is a desire to institute discipline, good governance and trust. “The government cannot be trusted if it says one thing and does another. “The meager revenue that has been accruing is being judiciously used and there is fiscal discipline in management of public resources. Let me give you an example in the previous administration. There was a time state government kicked against savings. Now because what they know and being practiced by government of the day, they have decided to imbibe the culture of savings. “What am I trying to say? We have excess Petroleum Profit Tax (PPT). These are excess taxes from petroleum tax. When we get money over and above budgeted figure, the excess is always being saved. If it were before, state governments and other stakeholders would say it should be shared. And this is what has been giving us buffer, especially at this time of recession. “Despite the lean resources, we take from it and augment accordingly. And this is being done transparently. All the stakeholders are aware of balances at any point in time. Whatever revenue comes in is shown at National Economic Council meetings including all the governors who will

Cont’d on Pg 41

Malabu Oil Deal: MEND Wants House to Summon Jonathan Threatens Shell over planned relocation to Lagos Seeks probe of Admiral Ikoli’s death Ejiofor Alike The Movement for the Emancipation of the Niger Delta (MEND) has thrown its weight behind the moves by the House of Representatives to invite former President, Dr. Goodluck Jonathan, to shed more light on the controversial Malabu Oil deal. In a statement issued yesterday by the spokesman of the militant group, Jomo Gbomo, the group said it was in full support of moves by the House to summon the former president to appear before the House to give answers to the myriad of questions concerning his role in the Oil Prospecting Lease (OPL )245 deal. “Where he refuses to honour the invitation, we urge the House to invoke its inherent powers to compel his appearance.” “Like millions of Nigerians at home and in the Diaspora who have keenly followed the OPL 245 saga, we have reasonable grounds to suspect that President Jonathan may have indeed compromised his high office with regard to the matter, more

especially, given the fact that key officials of his administration, including the then Attorney General of the Federation (AGF), Mr. Mohammed Bello Adoke, have been indicted and charged before the Federal High Court in Abuja,” the group added. MEND said it was alarmed by media reports of the planned or rumoured relocation of Shell Petroleum Development Company (SPDC) back to Lagos from Port Harcourt, Rivers State. “If it is true, we urge SPDC to shelve the idea as the move has the likely consequence of reawakening restiveness in the Niger Delta region. Quite apart from the massive loss of jobs, opportunities, taxes and other incentives the planned move would cause in the medium to short term, it is clear to all stakeholders, including the federal government, that such a move is ill advised,” the group said. According to MEND, the Niger Delta region is no longer hostile to the business interests of the IOCs, including SPDC, as peace has since returned to the area; following the enervating

efforts of MEND, Pan Niger Delta Forum (PANDEF); the various State Governments, as well as the federal government. The group argued that there is therefore no reason whatsoever for SPDC to relocate back to Lagos. MEND also threatened that it would reconsider the unilateral ceasefire of May 30, 2014 if SPDC relocates back to Lagos. The group described the death of Rear Admiral Daniel Teikumo Ikoli in Lagos on April 5, 2017 as suspicious and unfortunate. “Death is an inevitable end for all mortals but our suspicion is fed by conflicting reports surrounding the circumstances of his death,” it said. The group called on the “Nigerian military high command to initiate a thorough investigation into the remote and immediate circumstances surrounding the death of the late Rear Admiral who was one of the shining lights of the Ijaw ethnic nationality in the Nigerian Navy.”

S/N

CUSTOMER

ITEM OF IMPORT

YINKA OBA FAOM NIG LTD

TOLUENE DI ISOCYANATE

10-Apr-17

306.65

100,000.00

SAHARA ENERGY RESOURCES LTD

GASOIL

10-Apr-17

320.50

1,000,000.00

OLAM NIGERIA

FAT FILLED MILK POWDER(RAW MATERIAL

10-Apr-17

320.50

125,201.13

TELECOM POWER SOLUTION

INDUSTRIAL VALVE REGULATED RECHARGEABLE BATTERY

10-Apr-17

320.50

143,216.40

SUNPLAST IND LTD

POLYPROPYLENE HOMOPOLYMER

10-Apr-17

320.50

253,987.33

BRIGHT PRODUCTS

PROPYLENE COPOLYMER

10-Apr-17

320.50

56,573.32

BSV IND LTD

PVC STABILIZER ZA-SF27-NF

10-Apr-17

320.50

55,960.00

VIRAMSUN NIG LTD

RAW MATERIAL FOR BOOK PRODUCTION, WOODFREE

10-Apr-17

320.50

497,500.00

BUILDGEN NIG LTD

RAW MATERIAL FOR BOOK PRODUCTION, WOODFREE

10-Apr-17

320.50

156,106.71

OLAM SANYO FOODS LIMITED

SEASONING FOR NOODLE FLAVOUR

10-Apr-17

320.50

70,676.29

CROWN FLOUR MILLS LTD

WHEAT ARGENTINE MILLING WHEAT

10-Apr-17

320.50

1,894,000.00

AVANTI INDUSTRIES LIMITED

MOULD FOR PEN INDUSTRY

11-Apr-17

307.92

125.12

CORONATION MERCHANT BANK LTD

BANK CHARGE

11-Apr-17

307.92

2,238.33

CORONATION MERCHANT BANK LTD

BANK CHARGE

11-Apr-17

307.92

23.67

VIK INDUSTRIES LIMITED

COLORED RESINS OF POLYETHYLENE

11-Apr-17

307.92

589.07

CORONATION MERCHANT BANK LTD

BANK CHARGE

11-Apr-17

307.92

255.19

OK FOODS LIMITED

LIQUID GLUCOSE

11-Apr-17

307.92

72.00

OK FOODS LIMITED

LIQUID GLUCOSE

11-Apr-17

307.92

72.00

OK FOODS LIMITED

LIQUID GLUCOSE

11-Apr-17

307.92

72.00

OK FOODS LIMITED

GUM BASE (INDUSTRIAL RAW MATERIAL)

11-Apr-17

307.92

71.08

BSV INDUSTRIES LIMITED

LINEAR LOW DENSITY POLYETHYLENE

11-Apr-17

307.92

308.55

CORONATION MERCHANT BANK LTD

BANK CHARGE

11-Apr-17

307.92

252.00

SHIVLILA POLYMERS LIMITED

PLASTIC RAW MATERIAL: POLYVINYL CHLORIDE SUSPENSION RESIN

11-Apr-17

307.92

160.00

CORONATION MERCHANT BANK LTD

BANK CHARGE

11-Apr-17

307.92

422.92

CBN

UNUTILIZED BALANCE

11-Apr-17

283.00

6,926.38

CBN

UNUTILIZED BALANCE

11-Apr-17

305.00

1,598.20

YINKA OBA FAOM NIG LTD

TOLUENE DI ISOCYANATE

11-Apr-17

306.60

200,000.00

NATURAL PRIME RESOURCES

SODIUM SULPHATE

11-Apr-17

321.50

269,800.00

XOIL LIMITED

GASOIL

11-Apr-17

321.50

500,000.00

FRIESLAND CAMPINA WAMCO

COPPER WIRE

11-Apr-17

321.50

129,100.00

FRIESLAND CAMPINA WAMCO

Disodium/Monosodium Phospathe/CARAMELIZED

11-Apr-17

321.50

47,600.00

FRIESLAND CAMPINA WAMCO

PREMIX TRACE ELEMENTS JR. GUM LP (400758)

11-Apr-17

321.50

53,500.00

CBN

CBN SMIS RETURNS

12-Apr-17

357.00

1,000,000.00

BSV IND LTD

LINEAR LOW DENSITY POLYETHYLENE

12-Apr-17

320.50

76,500.00

CROWN FLOUR MILLS LTD

RUSSIAN MILLING WHEAT

12-Apr-17

320.50

733,575.31

CROWN FLOUR MILLS LTD

CANADIAN WESTERN RED SPRING

12-Apr-17

320.50

449,500.00

DANA PHARMACEUTICALS LTD

RAW MATERIAL FOR PHARMACEUTICAL INDUSTRY

12-Apr-17

320.50

58,590.00

DANA PHARMACEUTICALS LTD

VARIOUS CHEMICALS OF LAB USE(Di-Potassium)

12-Apr-17

320.50

3,755.00

DE UNITED FOOODS INDUSTRIES LTD

CHILLI POWDER FOR SEASONING

12-Apr-17

320.50

108,230.00

SAHARA ENERGY RESOURCES LTD

GASOIL

12-Apr-17

320.50

1,188,529.39

SAHARA ENERGY RESOURCES LTD

GASOIL

12-Apr-17

320.50

1,500,000.00

TAURUS OIL & GAS LIMITED

GASOIL

12-Apr-17

320.50

1,000,000.00

VIRAMSUN NIG LTD

RAW MATERIAL FOR BOOK PRODUC ,PLAIN PAPER IN SHEETS (UNCOATED)

12-Apr-17

320.50

164,386.42

CORONATION MERCHANT BANK

BANK CHARGE

13-Apr-17

307.92

2,174.20

GMT (CFAO YAMAHA MOTOR NIG LTD)

ASSEMBLING PARTS FOR YAMAHA MOTORCYCLE

13-Apr-17

307.92

1,586.56

CORONATION MERCHANT BANK

BANK CHARGE

13-Apr-17

307.92

735.09

AVANTI INDUSTRIES LIMITED

PEN ASSEMBLY MACHINE - PARTS WITH OPTICAL SENSOR

13-Apr-17

307.92

124.19

GMT (CFAO YAMAHA MOTOR NIG LTD)

ASSEMBLING PARTS FOR YAMAHA MOTORCYCLE

13-Apr-17

307.92

748.20

PROMASIDOR NIG LTD

BULK MULTI-PLY BAGS COWBELL INSTANT MILK

13-Apr-17

307.92

99.36

CORONATION MERCHANT BANK

BANK CHARGE

13-Apr-17

307.92

1,722.00

YINKA OBA FOAM NIGERIA

TOLUENE DI ISOCYANATE

13-Apr-17

306.55

78,000.00

S/N

CUSTOMER

DATE OF FUND PURCHASE

OTHER SOURCES 1

OTHER SOURCES 2

DATE OF FUND PURCHASE

EXCHANGE RATE

USD AMOUNT

10-Apr-17

306.15

100,000.00

11-Apr-17

283.00

6,926.38

OTHER SOURCES 3

11-Apr-17

305.00

1,598.20

OTHER SOURCES 4

11-Apr-17

306.10

200,000.00

CBN FORWARDS

12-Apr-17

357.00

1,000,000.00

CBN FORWARDS

10-Apr-17

320.00

1,000,000.00

CBN FORWARDS

10-Apr-17

320.00

3,253,221.18

CBN FORWARDS

11-Apr-17

321.00

1,000,000.00

CBN FORWARDS

12-Apr-17

320.00

5,283,066.12

OTHER SOURCES 5

13-Apr-17

306.05

100,000.00

TOTAL AMOUNT

AVERAGE AMOUNT

11,944,811.88 1,194,481.19

EXCHANGE RATE

USD AMOUNT

TUESDAY, APRIL 18, 2017Ëž T H I S D AY

NEWS

UBEC: Unaccessed Funds Hit N60bn with CBN Five states fingered in illegal withdrawal of counterpart funding We have minimised infractions, says commissionâ&#x20AC;&#x2122;s boss

Senator Iroegbu Ă&#x201C;Ă&#x2DC; Ă&#x152;Ă&#x;Ă&#x201D;Ă&#x2039; The Executive Secretary of Universal Basic Education Commission (UBEC), Dr. Hamid Bobboyi,Â has disclosed that many state governments have failed to access the federal government matching grant to them now to the tune of about N60 billion as at March 31, 2017.Â Bobboyi disclosed this yesterday while speaking at a meeting with the leadership of Education Correspondents Association of Nigeria (ECAN), in Abuja. He said the inability of many states to access the intervention fund has greatly hampered the development of basic education in the country.Â He noted that the matching grant which, is an intervention fund disbursed by the federal government to states through the UBEC is meant to support the development of basic education and implementation of the UBEC scheme.Â According to the statistics obtained from the commission on the un-accessed matching grant from 2005 to 2016 as at March 31, 2017, it was indicated

that only two states have so far have accessed the 2016 grant. The states are Borno and Rivers State. Ebonyi State is the least performed state in terms of access and utilisation of the fund as it currently has up to N4 billion un-accessed fund with UBEC.Â Other states that followed Ebonyi closely are: Enugu and Ondo with over N3 billion each un-accessed while Bayelsa, Niger, Ogun, and Oyo, each has N2.8 billion un-accessed fund lying idle with the Central Bank of Nigeria (CBN).Â The Executive Secretary of UBEC also lamented that apart from refusal to access the intervention fund, some state governors have been involved in diversion of the allocation to their states.Â He particularly revealed that five states were involved in illegal withdrawal of the counterpart fund after the federal government would have released the matching grant to them on payment of the requisite counterpart fund.Â Besides, he said the commission had noticed and

closed down the accounts of some states where the intervention fund were placed on fixed deposit in banks.Â The UBEC boss, disclosed further that there were plethora of cases where the outgoing governors of some states allegedly move the money from the account of the States Universal Basic Education Boards (SUBEBs), to the stateâ&#x20AC;&#x2122;s main account against the law, thereby creating confusion in the system.Â

feel very worried that after the federal government pays its own matching grant, the state would withdraw its own counterpart fund. â&#x20AC;&#x153;This is not only against the law but it negates the entire arrangement that is made in terms of the partnership between the states and the federal government. â&#x20AC;&#x153;There are many states that were involved in the withdrawal of funds over a period of time. We donâ&#x20AC;&#x2122;t go out to embarrass

This, he said, had created a lot of problems for the incoming governors and in some cases UBEC had to ask for the return of the money before such a state could access fresh allocation.Â He said: â&#x20AC;&#x153;On the issue of matching grant to states, if we provide N1billion to a state, the state is expected to bring its own N1billion and this expands the resource base available to the basic education sector.Â â&#x20AC;&#x153;This is the reason why I

anybody but we take action. The kind of action we take is that if we noticed gross violation, we close down the matching grant account, we freeze it and then ask the state to come and tell us exactly what had happened with the fund,â&#x20AC;? he added. Bobboyi Â however, said that some of these infractions have been greatly minimised with the coming of the current administration of President Muhammadu Buhari.Â

Falae Advises FG to Explore Modern Technology for Rescue of Chibok Girls Oghenevwede Ohwovoriole in Abuja An elder statesman and National Chairman of the Social Democratic Party (SDP), Chief Olu False, has called on the federal government to explore modern technology and intelligence gathering for the rescue of the remaining kidnapped Chibok girls. In statement signed by the National Publicity Secretary of SDP, Mr. Alfa Mohammed, in

Abuja, he quoted Falae as not being happy over the inability of the federal government to rescue the remaining kidnapped Chibok school girls three years after they were kidnapped by Boko Haram terrorists. Felae while commiserating with the parents of the kidnapped Chibok school girls, expressed his feelings and grief with the parents of the kidnapped girls. He said as a victim of kidnappers himself, he

could imagine the level of psychological trauma and general pain which the innocent girls would have been passing through since their abduction three years ago. Falae prayed the Almighty God to relieve, secure and bring back the girls safely to their parents. He however commended the federal government on the rescue of 21 out of the kidnapped Chibok schoolgirls and called on the government to intensify efforts in freeing the remaining victims

from captivity. Falae also commended the BringBackOurGirlsGroup (BBOG) for keeping the memory of the sad incident alive, saying the group had indirectly kept the government on its toes in its efforts to rescue the remaining girls. He assured the group that his party would stand with the BBOG in the campaign for the rescue of the remaining kidnapped Chibok schoolgirls.

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T H I S D AY TUESDAY APRIL 18, 2017

COMMENT

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

PRESERVING THE MAJESTY OF THE DSS Sufuyan Ojeifo argues that the Senate has done its bit by acting on the DSS report on Magu

have, over the years, held the State Security Service (SSS) otherwise known as the Department of State Services (DSS) in reverential awe for its yeoman job, which has the citizenry as the focus of its security architecture. Talking about the security of a nation means investing concerns in the safety of the people as a first step towards attaining peace and stability in which context citizens’ welfare is better pursued and guaranteed. Over time, I have read some novels and watched some films in which the investigative and security wizardry of the America’s Federal Bureau of Investigation (FBI) and the British MI5, was celebrated in fictive narratives and cinematic storylines that have been characteristically packaged to compellingly dramatise the near invincibility of these agencies in unravelling security jigsaw puzzles. These agencies are typically presented as omnipresent and, sometimes, omniscient even when it is clear that these are divine attributes. They depend on citizens’ cooperation to garner and harness information on which they build their investigations. The frequency, at which they proactively and reactively burst crimes as well as effectively coordinate what have turned out to be their investigative breakthroughs, has created a positive international perception that reinforces their majesty. Promoting a greater sense of patriotism and confidence in the ability of the state to protect the citizenry is the essence of government and governance. And, to that extent, the citizens’ sense of longing and belonging to the security architecture is stimulated and increased towards acts like whistle-blowing and provision of information pro-bono that will conduce to strengthening national security. This is the driving force that underpins the near enigmatic success stories of some intelligence agencies in the West. Growing up as a student and in the early part of my more than two decades in journalism practice, I had looked at the SSS (that was the common description after the scrapping of the National Security Organisation (NSO) which Abdullahi Mohammed, Umaru Shinkafi and Mohammed Lawal Rafindadi were privileged to preside over as Directors General from 1976 to 1985) from the prism of foreign security agencies. I have never doubted the integrity, capacity and competence of the DSS right from the leadership of Ismaila Gwarzo (1986-90), Albert Horsfall (1990-92), Peter Nwaoduah (1992-98), Kayode Are (1999-2007), Afakriya Gadzama (2007-2010), Ita Ekpeyong (2010-2015) to the incumbent, Lawal Daura; and I just hope the Buhari presidency will not imprudently destroy the basis of my confidence in the DSS. Rather, what have distinguished these leaderships are their operational styles. Dispensations differ temperamentally; they act peculiarly to the tension of goals and objectives that define their overall focus; but the nexus between and among them remains the achievement of national security, which is the obligatory bigger picture. The modus operandi of the DSS under different administrations has been largely shaped by the characters of the successive incumbent executive heads and the socio-political conditions in which they operate. Whereas the DSS had, since inception, operated quietly in discharging its security surveillance task, including profiling Nigerians and persons of interest, it became understandably rambunctious under the Goodluck Jonathan administration due to the war declared on the Nigerian state by

THE DSS REPORT SAID THAT MAGU FAILED THE INTEGRITY TEST AND COULD NOT BE TRUSTED TO OCCUPY THE OFFICE OF EFCC CHAIR IN A SUBSTANTIVE CAPACITY. IT HAS BECOME THE CASE OF A HUNTER BECOMING THE HUNTED.

the Boko Haram insurgents. The agency, which should have operated incognito, had to activate its public communication apparatus in order to engage more with the Nigerian people on what was being done, at every intersection, to preserve national security. With Buhari in the saddle as president and Daura as Director General of the SSS or DSS, the focus is fast changing even if the strategy is not too dissimilar. The agency still engages with Nigerians through its public communication machinery. Boko Haram threats and attacks no longer, frequently, assail our sensibilities as the administration has substantially won the war. However, a series of arrests of Boko Haram suspects, who now go for soft targets, have been announced since Daura came on board. The recent most significant success was the foiling of the planned terrorists’ attacks on some embassies in the country. The DSS offensives, presently, have been focused on recovery of arms and ammunitions from individuals and groups so as to contain the proliferation of small arms, which portends serious danger to the security, peace and stability of the nation. Ending herdsmen’s fatal offensives on their host communities nationwide is a priority of the agency. Indeed, the agency has remarkably expanded the frontiers of its security task beyond the traditional profiling of persons of interest, and protecting government officials, to actually going in situ to burst syndicates and effect seizure of arms and ammunition as well as arrest complicit individuals. The Buhari administration is under pressure to combat crimes and criminalities including corruption, which it has promised to fight to the finish. The DSS has reinforced the battle. The agency’s fidelity to the battle manifested in the profiling of the chair of the Economic and Financial Crimes Commission (EFCC), Mr Ibrahim Magu, in a requisite security report to the senate for the screening and confirmation hearing of his nomination. The agency’s report said that Magu failed the integrity test and could not be trusted to occupy the office of EFCC chair in a substantive capacity. It has become the case of a hunter becoming the hunted. This helps to purify the process of endorsing the anti-corruption Czar. Whoever wants to come to equity must do so with clean hands. Public credibility and confidence in the anti-graft war are, thus, enhanced. The DSS has not acted unusually. Interestingly, critics of the agency’s report on Magu did not disagree with its report on some judges accused of corruption; they had defended the invasion of the judges’ residences by the agency and its report that indicted them as consistent with the workings of the service. So what has changed in the case of Magu? All public officials, and even private individuals, are subjects of such security profiling by the DSS. Whenever anyone is to be appointed into public office, his or her name is sent to the DSS for profiling. Whoever fails the security checks becomes encumbered. This is the beauty of security profiling, the majesty of the DSS that places it over other security agencies. Ojeifo, journalist and publisher, wrote from Abuja

LESSONS FROM TARABA COUNCIL ELECTIONS The election largely demonstrates a convincing case for democracy, writes Inuwa Salihu

hose who say that Nigerian politicians are poor students of history cannot be faulted. They are perfectly right. Nigerian politicians are, indeed, an excellent example of this brand. They forget the past very easily and often recourse to those things that they had condemned and consigned to the dustbins of history as inimical to the survival, growth and maturity of democracy in our country. They insist, when it is convenient for them to do so, that elections must be free and fair and that nothing should be done to impede that expressway that leads to the dreamland of electoral freeness and fairness. But when the tide of the political cyclone turns against them, the drumming will change and so will the dance steps too. The rest of their actions, thereafter, can only be better left to the imagination. They will turn hitherto cherished principles of electoral perfection on their heads and unashamedly insist that it is the right way to go. The most recent example of this contradiction was experienced in Taraba State where local council elections were held Saturday, February 25, Ibi Council Area in particular. Chairmen and councillors were being elected into the 16 local government councils to succeed care-taker committees that have been running their affairs for some time now. The elections were meant to enrich the nation’s new culture of representative governance whereby only those that the people have freely chosen through the instrumentality of the ballot box will occupy elective positions. And the government of Governor Darius Ishaku, determined to make the elections a positive contribution towards strengthening the country’s incipient culture of democracy, took all steps necessary for this goal to be

achieved. But there were those who did not want this to happen. They were the All Progressives Congress (APC) leaders in Ibi, one of the 16 local government council areas in Taraba State, and the only council area where the recent council elections did not hold on the scheduled date. They came out on their evil mission to stop the elections in the local government and they succeeded but only because Governor Ishaku declined the option of using the machinery of law and order to disperse them from where they had laid ambush for electoral materials meant for that day’s election. Before the day of the elections, electoral materials were moved by the State Independent Electoral Commission (SIEC) to police stations in all council headquarters for safe keeping, Ibi inclusive. That had been the practice, even in the case of national elections. It always worked out well. Even in this case, everything looked perfectly right until what became a contest between the good and the bad took the centre state in Ibi in the early hours of the polling day. A group of politicians and their supporters belonging to the APC thought the best thing to do was to prevent the elections from taking place since they were sure that their candidate was unpopular and would ultimately lose if the election were allowed to hold. They devised a trick to achieve that. They arrived early at the gates leading into the police station in Ibi where electoral materials were being kept and blocked it, insisting that the materials would not be moved out to polling venues. And so, the elections did not take place there. When they were certain that it had become too late in the day to hold the elections, they vacated

the entrance to the police station. At that point, the only option feasible was the postponement of the elections and the return of the materials to Jalingo. And that was what SIEC did. The incident which was condemned by many well-meaning Nigerians in and outside Taraba State, is a sad reminder of the stiff and unaccommodating attitude of our politicians to elections. That attitude is that all elections must end in their favour, otherwise, the process is demonised and truncated. That was what played out in Ibi on February 25. In case those who were behind those unfortunate events in Ibi haven’t realised yet, they need be told that they only succeeded in drawing back the hand of the clock and this will affect their council area in a negative way for a long time to come. Today, Ibi is the only council area still being administered by a care-taker committee. But besides that incident, the council elections were peaceful, adjudged as free and fair by electoral observers and other independent groups that witnessed it. Governor Ishaku was commended by the monitoring teams (and there were many of them on duty that period) for creating the atmosphere that enabled the success of polling. The National Orientation Agency (NOA) in Taraba State even wrote a commendation letter which was addressed to Governor Ishaku. In the letter, the agency’s Taraba State director, Dr. Robert Gulkawi, said the governor demonstrated through the elections a rare “spirit of sportsmanship.” Dr Dulkawi said NOA officers who covered the elections submitted reports to the effect that the process was “incontestably transparent.” This, Gulkawi said stood out the elections as hugely credible, unstoppably convincing and widely acceptable. The contest was, no doubt, fierce with about 10

registered political parties in the race. At the end of it all the ruling People’s Democratic Party ( PDP) won in all the 15 local government council areas where the elections were held. It was a well- deserved victory for the party. The victories were seen in many quarters as evidence of Ishaku’s ever rising popularity rating in the political firmament of the state. It was the people’s way of saying “Thank You” for the marvellous job he has done on the roads, at the Jalingo Airport, in the provision of water to the state capital and other towns and communities, in repositioning educational institutions and in renovating hospitals and equipping them with drugs to improve the quality of healthcare delivery and in stabilising electricity power supply in some areas of the state. The party’s victory was also a way of acknowledging the regular payment of workers’ salaries by the Ishaku administration and many other things that the government has achieved in less than two years in office. Those elected have already taken their seats in the various council areas. At their inauguration on Monday, February 27, 2017, in Jalingo, Governor Ishaku urged the new council helmsmen to discharge their duties with humility and to ensure prudent application of resources. The event was witnessed by a cross section of PDP chieftains from all the council areas in the state. It was a happy ending to an exercise that people had feared would lead to unending crisis. Those fears failed to manifest. Rather, it further united the people behind the resolve to maintain peace. Some people, particularly, youths came out in their thousands in a solidarity rally with the governor and the efforts he is making to put the state on the path of development.

T H I S D AY Ëž ÍŻÍśË&#x153; Í°ÍŽÍŻÍľ

EDITORIAL DEATH IN PRISON CUSTODY All prisoners have right to life until the law says otherwise

he recent revelation by a prison controller, Mr. Olumide Tinuoye that no fewer than 32 prison inmates died in 2016 in one particular prison in Lagos State owing to their inability to access funds for good medication, has again underlined the deplorable condition of the Nigerian prisons. More depressing was the claim that ofďŹ cials often had to use their personal money to buy drugs for the inmates, while others depended on the philanthropic gestures of churches, mosques and other good people. Although Tinuoyeâ&#x20AC;&#x2122;s testimony is not new, it is nevertheless unfortunate as we have on this platform consistently drawn the attention of all the relevant authorities to the sad state of our prisons across the country. Despite several promises of successive governments to reform the nationâ&#x20AC;&#x2122;s prisons, they remain nothing but dungeons where both the awaiting trial inmates and the convicted are just waiting to die. Apart from the fact that many of the inmates in our prisons are poorly fed and ill-clad, they are, in most cases, given little or DESPITE SEVERAL no medical attention PROMISES OF in contravention SUCCESSIVE of the universally GOVERNMENTS TO accepted minimum REFORM THE NATIONâ&#x20AC;&#x2122;S standards. Worse PRISONS, THEY REMAIN still, most Nigerian NOTHING BUT DUNGEONS prisons are congested. Not infrequently, this WHERE BOTH THE AWAITING TRIAL AND THE congestion has led to CONVICTED INMATES ARE several jail breaks and outbreak of diseases JUST WAITING TO DIE causing the death of many prisoners. Whether the authorities realise it or not, those in jail awaiting trail and convicted prisoners in Nigeria are members of the human family, and are therefore entitled to the enjoyment of their fundamental human rights as enshrined in Section 33 of the 1999 Constitution and Article four of the African Charter on Human and Peopleâ&#x20AC;&#x2122;s Rights, ratiďŹ ed and domesticated by Nigeria. As the Supreme Court decided in

Letters to the Editor

the popular case of Peter Nemi V Attorney-General of Lagos State, the right to life is available even to condemned prisoners or prisoners on death row until their execution is carried out according to the law. A reform of the countryâ&#x20AC;&#x2122;s criminal justice system is one concrete way of ameliorating the appalling conditions in which the Nigerian prisoners live and such reform requires not just sweet words, but concrete action. For instance, the dumping of suspects in prison without trial must stop. Those who cannot be charged to court within two or three months should be released from detention as stipulated in our constitution. A situation in which criminal prosecutions take forever to conclude should also be discouraged.

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urthermore, to subject awaiting trial inmates to inhumane treatment or deny convicted prisoners their fundamental rights cannot stand the test of civilised conduct, as it debases their intrinsic worth as human beings. In a society governed by law, nobody should die in prison without being convicted of any offence, no matter the gravity of the charge. Having these individuals languish in prison without any attempt at hearing their cases is a clear violation of their rights. While we do not advocate a wholesale release of these detainees, it does not make any sense keeping people behind the bars for years in excess of the length of the prison term they would have served had they been tried and convicted. We believe that the agony of suspects is needlessly prolonged by not bringing up charges before them in courts where they would come face-to-face with the law: so that if convicted they could be jailed accordingly, and if found innocent, they are released to go home and rebuild their lives. We do not believe that the end of justice is served by keeping accused persons under indeďŹ nite incarceration. As things stand, almost all Nigerian prisons lack the minimum facilities suitable for human habitation. The result is outbreak of diseases in the prison environment and eventual death of many inmates. Such a state of affair should not be allowed to continue.

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LASTMA AND LAGOS TRAFFIC

fter a careful study of traffic congestion in 390 cities across 48 countries, a 2017 Index report by Tom Tom, a global leader in traffic management, reveals that Lagos is no longer among world`s worst cities in terms of traffic congestion. According to the report, Africa recorded 15 per cent increase in traffic congestion between 2015 and 2016, while North America had five per cent, Europe nine per cent, Asia and Oceanic 12 per cent and South America seven per cent. When Africa traffic position is juxtaposed with the rest of world, there was 15 per cent increase for Africa and 10 per cent for the rest of the world. The implication of the report is that many African cities are yet to imbibe positive driving culture and standard traffic laws with efficient and functional traffic management institutions as other countries of the world. For Lagos State, the new position is a reflection of the huge resources that the state government, over the years, has invested into traffic management. Current positive traffic signals from across the state is not a feat achieved through miracles, but many a product of years of research, rigorous planning, human capacity and institutional building, massive investment in roads infrastructure, focused leadership and resolute political will to attain a gridlock free city. The arrow head of this new traffic situation in Lagos is the Lagos State Traffic Management Authority (LASTMA) which was established in 2000. Since inception, LASTMA has been working tirelessly to fulfil its mandate of managing the obviously tough task of managing traffic in the state. Though Lagos has the smallest landmass in the country, it, no doubt, has the most challenging traffic situation in the country.

With over three million cars and 100,000 commercial vehicles on the roads (when the national average is 11 vehicles per kilometre), Lagos daily records an average of 227 vehicles per every kilometre of roads. This scenario makes it imperative for the administration in the state to vigorously pursue scientific transportation management, hence the creation of LASTMA. According to the Federal Road Safety Corps (FRSC), out of the 10.6 million vehicles registered in the country in 2016, over three million are in Lagos plying 9,100 roads. This huge vehicular presence is further complicated by the unregulated activities of over 200,000 minibuses, thousands of commercial motorcycles and tricycles coupled with influx of over 10, 000 people daily to the city for various reasons. Since inception, LASTMA has been working tirelessly to promote sanity and safety on Lagos roads. However, while the methods being deployed by LASTMA have yielded results in certain areas, a few have not really achieved expected results. One of such is the enforcement approach which is almost counterproductive and as such yield limited results. It is in view of this perceived shortcoming that the current administration of Mr. Akinwunmi Ambode started the comprehensive overhauling of traffic management system in the state with a view to repositioning LASTMA to embrace 21st century traffic control mechanism. With the new development, LASTMA has jettisoned the outdated approach to traffic management. Consequently, LASTMA has developed a new traffic control and enforcement protocol which is firmly premised on civility. The result is that LATMA officials now deemphasise vehicle apprehension (except

where extremely necessary), unwarranted rash decisions in towing of vehicles and indiscriminate imposition of fines. The introduction of Automated Booking Machine was also part of this new approach to traffic management in the state. To ensure that LASTMA has the required human resources to function in this new direction, various training programmes and other incentives have been made available to its officials while a 24/7 telephone lines to accommodate public complaints and suggestions have also been provided. Presently, LASTMA is working on how to establish a mutually benefitting relationship with members of the public. To re orientate and change public perception about the agency, it has re invigorated its public affairs and enlightenment departments. Additionally, the establishment of LASTMA Public Community Relation Committee is to create a platform for the public to make input and get involved in traffic control and management at the local level. It is also to enable the public interface with the agency at the grassroots level. The introduction of documentation procedure, where recalcitrant motorists are booked and given a grace period of payment and defaulters apprehended at home through the information on the motor vehicle database is a civil method of bringing offenders to book. The logic is to cause minimum discomfort to the members of the public, not to deny motorists crucial use of their vehicles, reduce man-hours being expanded on forceful enforcement and add human face to law enforcement in the state. Mamud Hassan, Head, Public Affairs and Enlightenment Department, LASTMA

T H I S D AY ˾ TUESDAY, APRIL 18, 2017

POLITICS

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

EXECUTIVE BRIEFING

When Pensioners Threaten Politicians Elsewhere, workers look ahead to their retirement with joy. But not in Nigeria. Here pensioners are owed over N285 billion in liabilities. James Emejo considers the decision of the pensioners to mobilise themselves to vote against those who owed them.

he liabilities of the Federal Government to pensioners came to the fore again last week when the Minister of Finance, Kemi Adeosun, and her Budget and National Planning counterpart, Senator Udoma Udo Udoma, appeared before the House of Representatives in plenary. Their appearance was sequel to the recent House of Representatives’ resolution summoning them to come and explain what the executive arm was doing about the over N285 billion liability to pensioners under the Contributory Pension Scheme (CPS) and over N174 billion owed those who retired under the defined scheme. The Chairman of the House Committee on Pension, Hon. Hassan Shekarau, who moved the motion leading to the summon described the condition of pensioners as “alarming and embarrassing” and a breach the constitution. He expressed worry that despite the noted challenges, there was no adequate provision in the 2017 budget to take care of the problem. Senator Emmanuel Paulker and Hon. Toby Okechukwu, had also moved motions in the Senate and the House leading to resolutions calling on government to defray its pension indebtedness. N54 Billion Controversy It was, however, a pleasant surprise for Nigerians who woke up Thursday morning to read in the news that the FG had released the sum of N54 billion to ‘clear’ its pension liabilities to the CPS. This was announced by the Minister of Finance the night preceding her appearance before the House. While some saw it as a welcome development, others saw it as a move to assuage the feeling of the lawmakers , given the anger among them over the issue of government’s indebtedness to the pension scheme. On its part, the Nigeria Union of Pensioners, in a statement faulted the announced release, insisting that the “approval of N54 billion has not cleared FG’s pension liabilities”. The pensioners also reminded the minister that even at that, “approval of payment is not the same as payment”. “It will be good for the minister to tell us when the fund was transferred to the National Pension Commission, and when it will hit pensioners’ accounts”, they stated. The statement also reads in part: “We also appreciate President Muhammadu Buhari for his show of humaneness and for the promise, through the Honourable Minister of Finance, that henceforth ‘the monthly allocation to the PENCOM based on the appropriation of 2017 will regularly be paid along with monthly salaries of Ministries, Departments and Agencies (MDAs)’, to avoid future accumulation of arrears. “However, the NUP feels the compelling need to put the facts straight as the FG’s indebtedness to the CPS is well over N280 billion. Therefore, the release of N54 billion cannot be said to have cleared FG’s backlog of pension liability. “It is a known fact that the FG has consistently under-appropriated for the CPS over the past few years as pension benefits have consistently been treated in installments as though it is a capital expenditure rather than salary for those who have served their fatherland. “NUP has it on verified record that whereas the sum N93.067,441,000.00 was needed to service FG’s statutory obligations to the CPS in 2014, but only the sum of N30,582,553,824.00 was approved, resulting in N62,484,887,175.00 deficit. “Whereas N98,705,155,450.00, was needed for the year 2015, the Budget Office only proposed the sum of N60,251,158,884.00 to the National Assembly. That alone was a shortfall of N38,453,996,566.00. “The year 2016 was even worse asN91,914,899,000.00 was required, but the

Dogara.....asks Buhari to keep his words

Budget Office proposed onlyN50,195,808,918.00 to the National Assembly, which also approved it, leaving a deficit of N41,719,090,082.00. Worst still, of the N50,195,808,918.00 approved in the 2016 budget, only the sumN18,823,428,342.00 or mandates for four months was released and cash-backed, while N31,372,380,576.00 or mandate for seven and half months was never cash-backed and released. “Importantly, we are saddened that the FG is claiming to have cleared pension arrears when

I don’t know where you got the money to bail out the states from. But wherever you got the money from, that is where we are going to get the money to solve this problem. And for the ministers who are representatives of the president, I believe you won’t make him (Buhari) break his words because his words are cherished. I want to believe this will be the last intervention we will be having with regard to the issue of pensions in this country. That is my charge

Adeosun......assured pensioners they would be paid

the mnister did not say a word regarding the over N174 billion owed pensioners who retired under the Defined Benefit Scheme (DBS). Does it mean that pensioners under this scheme have finally been condemned to life of eternal hardship, sickness, and untimely death?” They warned that “the way retirees are treated would decide whether those in service and the younger generation would cue behind government’s anti-graft war or engage in looting to prepare for life after service”. Udoma, Adeosun take the stage It was a barrage of questions for the two ministers after their presentations. Mrs. Adeosun, however, gave an assurance that the issue would be resolved when a planned reconciliation and verification processes were sorted out as government had no resources to handle the liabilities at a go. She said it would be handled over time. Earlier in his presentation, the Minister of Budget, Udoma had said that government would constitute a special committee to evolve creative measures to raise funds towards resolving the huge pension liabilities. Udoma said: “The committee is headed by the finance minister; it is to reconcile all the numbers to see how additional adjustments can be made to the 2017 budget. “We don’t have the money and the truth is that we have to look for some creative ways to raise money after the reconciliation has been done.” House insists no excuses for renege, but, while recognising the difficulties faced by government in a recessed economy, lawmakers rose in their numbers to ask that pension arrears be treated as a matter of urgent national importance. In his contribution, the Majority Whip of the House of Representatives, Hon. Ado Dogowa, commended President Muhammadu Buhari for his efforts. He, however, told the ministers that it was not enough to say that government had no money, but to table the demands before the National Assembly. On the released N54 billion, Hon. Toby Okechukwu, told the ministers that “there is a difference between release of funds and cash-backing of releases”, insisting that “while we hope that this N54 billion release was not hurriedly announced because you are appearing before us, we want to know when the much you have released will get to PenCom and pensioners”. He lamented a situation where the FG

treated pension in pits and bits as though it is a capital expenditure. “No, pension obligations should be recurrent and in fact even be on first line charge because it is a kind of salary for vulnerable members of our society who have served this country”, he reiterated. Standing with his colleagues, the Speaker, Rt. Hon. Yakubu Dogara, explained how he personally met with the president over the matter and how the president’ immediate intervention led to the release of N54 billion. Dogara said the president kept his words when he promised to provide bailout funds to states for payment of backlog of salaries and would also keep his words to clear this pension arrears. “I don’t know where you got the money to bail out the states from. But wherever you got the money from, that is where we are going to get the money to solve this problem. And for the ministers who are representatives of the president, I believe you won’t make him (Buhari) break his words because his words are cherished. I want to believe this will be the last intervention we will be having with regard to the issue of pensions in this country. That is my charge.” The speaker told the ministers. We wait for you in 2019 When he was given the opportunity to speak on behalf of Nigerian pensioners, the President of the National Union of Pensioners, Dr. Abel Afolayan, who was also admitted into the House Chamber along with a number of the elderly retirees, thanked President Buhari, the House of Representatives, the Hon. Dogara for their concern over pensioners’ plights. He, however, set the floor on a laughter galore when he told the ruling party to keep its promises as “2019 would soon be here”. The octogenarian said: “2019 is coming. We have thousands of votes. Some of us have four wives and three wives, but I have one wife. We should start seeing the payment by next month”. Although the mention of 2019 sent the entire House into laughter, it nevertheless sent the needed message to the politicans, especially the ruling party, that pension matters had become an election decider and that the senior citizens were now out to mobilise for or against politicians, depending on how far they go in paying them their benefits.

T H I S D AY ˾ TUESDAY, APRIL 18, 2017

POLITICS

In Grand Style, PDP Welcomes APC Defectors To counter the denial by theAll Progressives Congress that its members did not defect to the Peoples Democratic Party, the leadership of the party in Rivers State, last week organised a colourful ceremony in Port Harcourt to openly receive the defecting APC members. Davidson Iriekpen witnessed the event and filed this report

he city of Port Harcourt was literally shut down last Thursday when thousands of members of the All Progressives Congress (APC) in Rivers State defected to the Peoples Democratic Party (PDP). The colourful ceremony, which held at the Sharks Stadium, saw the PDP rolling out drums and mobilising their members to receive the defectors into their fold. Due to the bitter experience it received in the hands of members of the opposition party in the state and the federal government in recent times, PDP wanted to use the occasion to prove to the world that come 2019 election, it is the party to beat. In politics however, the table can turn within minutes. As a result of this, the party led by Governor Nyesom Wike and other chieftains came out in their thousands to openly receive the defected members. At the end, about 10,000 members of the APC not only renounced their membership of the party, but regretted their sojourn in the party in the first place. The defectors who were from the 20 local government areas of the state, said they were tired of being in a party that lacked leadership and ignored the welfare of its members. THISDAY gathered that PDP organised the mega rally to formally receive the defecting APC members because each time there was a news report that an APC member had defected to the PDP, the opposition party in the state would issue a counter statement to deny it. Consequent upon this, the PDP decided that it would organise a mega rally where it would formally receive the defecting APC members into its fold. While the defectors from Asari Toru were led by the Leader of Asari Toru Legislative Assembly under the administration of former Governor Chibuike Amaechi, Hon. Orolosama Amachree, the ones from Degema were led by the Deputy Chairman-elect in the council election conducted by Amaechi in May before he left office, Mr. Samuel Ikiroma. One after the other, they lamented their sojourn in the APC, eulogizing Wike for his steadfastness despite the darts thrown at him by members of the APC to distract him. Amachree said he was returning to the PDP with his followers because the APC had failed to meet their aspirations and also because of the achievements of Wike. He also lamented that APC leaders insisted they must hate and pull down the government of Wike, adding that they were told that Wike could not carry out any meaningful project in the state. “They (APC leaders) should borrow a leaf from what is happening in Akwa Ibom State. After elections, the people have come together to support the government. We should all join hands to support Governor Nyesom Wike because he means well for Rivers State,” he said. The height of the ceremony, however, was when the leader of the defectors from Degema, Ikiroma, tendered his certificate of return from the Rivers state Independent Electoral Commission (RSIEC) to the state Chairman of the PDP, Mr. Felix Obuah, saying he was tired of being in court over the election. A Federal High Court sitting in Port Harcourt had nullified the local government election conducted by Amaechi shortly before the end of his tenure in 2015. Ikiroma said they had to retrace their steps back to the PDP because of the hope it held out for people of the state. Recall that about 200 former councillors elected on the platform of the APC in 2015, had announced their plans to leave the party for the PDP. They also agreed among themselves to withdraw the cases they filed against PDP. At a meeting attended by councillorship candidates, they expressed concern over the dwindling fortunes of the party in the state and the lack-lustre manner their leaders had handled the court matter which they said had suffered several setbacks in the past two years.

PDP welcomes APC defectors in Port Harcourt

Disappointed over what he described as weak leadership of the party, Adams Ebuka said they have had enough. He said: “How can we call ourselves chairmen and councillors while others are occupying positions and enjoying the perquisties of office? We must tell ourselves the truth. It is better we withdraw the case in court and face reality. The party leaders who got jobs in Abuja and Lagos seem to be representing themselves. They have left us to fend for ourselves.” According to him, it is time for them to take their destiny into their hands. Receiving the APC members, Wike said the APC has nothing to tell Rivers people on why they should remain in that party, adding that the defection of the members to the PDP signalled the death of the political party in the state because it was founded on falsehood and deception. The governor advised PDP leaders at all levels to accommodate the new members,

We were looking for our brothers they were kidnapped through lies and deceit. We prayed for our brothers to return and today they are back. Our brothers and sisters from the APC have returned at a time when the administration has started direct empowerment of the people. Everybody who has returned has equal rights with older members of the party

saying that inclusive politics should be embraced across the board. He said: “We were looking for our brothers they were kidnapped through lies and deceit. We prayed for our brothers to return and today they are back. Our brothers and sisters from the APC have returned at a time when the administration has started direct empowerment of the people. Everybody who has returned has equal rights with older members of the party.” On his part, Chairman of the PDP in the state, Felix Obuah, lauded the defectors for their boldness and courage to leave the APC, which he said was a sinking ship. He said the event was the first batch of defectors, adding that in two weeks, another set APC members would defect to PDP. Obuah promised the defectors that they would not be treated as new entrants into the party. He also hailed Wike for creating the enabling environment for members of other parties to appreciate development in the state, stressing that it was the record of Wike that made the defectors to dump the APC. He assured the defectors that they would be treated equally as members of the party and would enjoy all the privileges and rights of members of the PDP. “I thank Wike for creating the enabling environment for what we are seeing today. If you listened to the defectors you heard them saying nobody convinced them to come back. The truth is that it is the performance record of the governor that has brought this development,” Obuah said. Also speaking at the event, the former Acting National Chairman of PDP, Prince Uche Secondus, said that Rivers State is a PDP state. He also attributed the mass defection of APC members to outstanding performance of the governor. Leader of the APC defetors, Chief Emeh Glory Emeh, said the APC has been decimated due to the performance of the governor. He said of the 84 leaders in APC in Rivers State, more than half had defected to the PDP. He said the remaining half, have already resolved to defect. Emeh assured the defectors that the Wike’s administration would accommodate them. He described the governor as a kind-hearted leader, with elastic capacity to accommodate all persons irrespective of when they joined him. The seasoned politician, who had served Rivers State in different capacities, including as commissioner for transport and aviation during the administration of Dr. Peter Odili, told the

defectors that the key to success and reward in the administration of Wike was hard work. He urged them to put in their best to ensure that the current government succeeds in providing the social and physical infrastructures required to enhance the quality of life of Rivers people. Explaining that success in the game of politics is dependent on what you bring to the table, he emphasised that Wike has been so accepted in the state because of his giant strides in infrastructural development, and that it will take donkey years for any other politician to be an alternative to the incumbent. Hear him: ”We have passed the era of rhetoric and ethnocentricity: In fact, Governor Wike has changed the tone of politics in Rivers State, from the concept of primordial consideration to ability to perform, as a precondition to voting any body into office. Rivers people should not lose sleep as the governor has combed all the crannies of the state and has attracted to himself all the relevant politicians needed for any political activity in the state, even though he has still kept the door open for new entrants.” But in a swift reaction, the state chapter of the APC said those defecting to the PDP were rejected members of the APC. The state Publicity Secretary of the APC, Mr. Chris Finebone, said in a statement he issued in Port Harcourt yesterday that the PDP was merely presenting APC rejects as defectors. He said: “Let it be on record that important APC stakeholders in Asari-Toru LGA have a dossier on the romance between Orolosama Amachree and the PDP in ASALGA over time. This culminated in a meeting they all held with Wike on December 8, 2016 in Government House, Port Harcourt. Subsequently, the APC placed surveillance on Orolosama while APC members in ASALGA distanced themselves from him especially in view of his treacherous behaviour during the December 10 rerun elections. “It is laughable to hear Chief Glory Emeh refer to APC as party of lies and propaganda. In due time, a public presentation of the series of his lies and propaganda against his present master will be made to help the public judge who between APC and Emeh revels more in propaganda. “Therefore, Orolosama Amachree formally NOTE: Interested readers should continue in the online edition on www.thisdaylive.com

TUESDAY, APRIL 18, 2017 ˾ T H I S D AY

FEATURES

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

Respite for Epe Farmers Despite the logistics and strategic support it got from the Lagos State Government in the last decade, the Nigeria Police could not contain the havoc caused by kidnappers on the lives of Epe farmers until the military was deployed last month. Gboyega Akinsanmi writes

Ambode (2nd left) signing into Law the Kidnapping Bill at the Conference Room, Lagos House, Ikeja recently. With him are the Deputy Governor, Dr. Oluranti Adebule (left); Majority Leader, Lagos State House of Assembly, Hon. Sanai Agunbiade (2nd right) and Special Adviser on Civic Engagement, Mr. Kehinde Joseph

ix weeks ago, about three scores of young farmers marched calmly and peacefully to Lagos House. Obviously troubled, they quietly sang save-our-soul songs, which earned them public solidarity and support. The young farmers, who chose to feed Lagos and by extension Nigeria, provided three major reasons for resorting to a peaceful march to bring public attention to their plight. On behalf of other farmers, Mr. Ayokunle Ore first cited threat to their lives in the hands of kidnappers. Between September 2016 and February 2017, according to him, no fewer than 25 Epe farmers and farm workers were kidnapped. In one of the incidents, Ore disclosed that the kidnappers demanded a ransom of N5 million before five abductees could be released. He, also, cited grave risk to their investment, which he puts at N20 billion. He, therefore, disclosed that more farmers and their workers then shut their operations due to what he ascribed to as the fear of falling prey to kidnappers. He said the activities of kidnappers cast pall on the investments they “have injected into farming, especially in Igbodu and Isiwo farm settlements.” Beyond grave risk kidnapping posed to their investments and lives, Ore pointed out its potential to undermine a food security programme the administration of Governor Akinwunmi Ambode unveiled sometimes in 2016. So, according to him, “kidnapping is not just a threat to our lives and investments, but also to food security of Lagos and its teeming population.” For these reasons, all the farmers called

for intervention from the state government. The call was premised on what Ore described as the complex nature of kidnapping in Epe. He said the kidnappers “often launch attacks from creeks, a terrain where they have advantage over police officers.” Aside, he said the kidnappers “often operate with sophisticated weapons.” However, according to Chief Adekunle Adebowale, the spate of kidnapping had gone down significantly. Adebowale, Isipa of Igbodu, disclosed that the incidence of attack did not go down significantly until Ambode intervened and facilitated the deployment of military personnel to different farmers’

On behalf of other farmers, Mr. Ayokunle Ore ﬁrst cited threat to their lives in the hands of kidnappers. Between September 2016 and February 2017, according to him, no fewer than 25 Epe farmers and farm workers were kidnapped

communities in Epe Local Government Area early last month. Since military deployment, Adebowale said the activities of kidnappers “have gone down significantly. At least, relative peace has returned to our communities. And the farmers and their workers have returned to their farms. Unlike what we experienced between September 2016 and February 2017, people go out and come in with little or nothing to fear again.” Rundown of Epe cases As shown in a letter the farmers addressed to the governor, the first kidnap occurred precisely on September 16, 2016. The incident involved three female farmers, whom the letter said, were members of Association of Women Farmers of Nigeria, Lagos State Chapter. Also, one farm worker and a sixmonth-old baby were kidnapped along with the three female farmers. At its peak, the victims of the first incident were kidnapped along Igbodu-Isiwo road. But exactly two month after the first case, the kidnappers struck again. This time, it was at Farmville where four farm workers were kidnapped. On November 21, 2016, kidnappers invaded Kodjo Farms, abducting at least five farm workers. The third accident took place five days after the second incident, which Ore said, created fear among the farmers. By January 19, the situation had become more agonising, perhaps unbearable when two farm workers were kidnapped at Tanda Farms. One of the victims in the fourth incident was female. On the same day, the farm manger and a customer were held at Elysian Farms. Their letter showed that the customer “was shot in the hand before being

taken into capacity.” The fifth kidnap had not been resolved when the kidnappers struck at Elysian Farms on February 14. Consequently, they abducted four farm workers, one casual worker and two operatives of a vigilante group the farm management engaged “to protect the farm and its workers. And the kidnappers demanded a ransom of N5 million on each of the seven victims.” The farmers said they “are still at the mercy of kidnappers.” They lamented the failed promises they got from the stat police command after they had a meeting with the Commissioner for Police, Mr. Fatai Owoseni. They also lamented the limitation of private efforts, which they said, had been made to engage community vigilante groups and support police patrols. The consequence was truly grave and severe for Epe farmers at large, according to a victim of kidnapping, Mr. Kazeem Adejare. Aside the threat to N20 billion investments, Kazeem said farmers paid ransom “to secure release of the victims. This is a major setback for all of us.” Also, he said farm workers resigned their appointments due to fear of kidnappers.” Kazeem said farms “were then shut and farmers relocated abroad. Our poultry farms were worst hit. Birds were desolate. Thousands died of hunger as a result. Farmers incurred huge losses running into millions of naira. Our vegetable farms withered because no worker could attend to them. Also, the rising cases of kidnapping then discouraged new investment.” Conspiracy from the creeks Already, the situation is calm with the

˾ T H I S D AY TUESDAY˜ ͯͶ˜ Ͱͮͯ͵

FEATURES recent deployment of military personnel. For Adebowale, military deployment has restored public order to Epe and its environs, though may not guarantee lasting peace. So, the local chief sought an intervention, which he said, would permanently address immediate and remote causes of kidnapping in Epe and its suburbs. The local chief, also, gave insight into how the kidnappers were operating in farmers’ communities in Epe. According to him, the kidnappers often carried out their operations through the creeks. The vandals adopted kidnapping for ransom as a mode of operation. Adebowale’s evidence was further reinforced by an allegation by the Commissioner for Information and Strategy, Mr. Steve Ayorinde that the Niger Delta militants were behind pipeline vandalism and armed operation in Ishawo, Agbede-Imuti, Igbo-Olomu and Igando, all located along Lagos creeks as well as Arepo, Awawa, Elepete and Ibafo, all along Ogun creeks. Beyond Ayorinde’s allegation in a statement he issued at the height of Ikorodu’s armed attacks in 2016, some community leaders provided useful intelligence on the dynamics of kidnapping in the state. One of the leaders, who did not want his name mentioned, said the Niger Delta militants “are actually behind pipeline vandalism and kidnapping in Lagos suburbs.” The leader, thus, explained the decision of the militants “to relocate to Lagos State.” He said it was deliberate because the Niger Delta leaders wanted oil multinationals “to relocate their head offices to the Niger Delta. This is part of the demand they made to the Vice-President, Prof. Yemi Osinbajo during different stakeholders’ meetings he had with their leaders.” He said the militants only wanted “to use sustained armed attacks to compel oil multinationals to relocate their head offices to the Niger Delta cities. The militants thought that if they could sustain armed attacks on oil infrastructure in Lagos creeks and make the state look somehow insecure, oil multinationals would be left with no other choice than to relocate to the Niger Delta cities.” However, another community leader said the governor “outsmarted them. He did not leave security of lives and properties in the state to the Nigeria Police. He took it to the Presidency with facts and findings. And that culminated in the aerial assaults that put the pipeline vandals to rout in July 2016 and the deployment of military personnel that ended kidnapping in Epe.”

The suspected kidnappers of Oniba of Iba, Duba Furejo_ Ododomo Isaiah_ Reuben Anthony and Yerin Fresh, after arraignment before a Lagos High Court, Igbosere... recently

A surveillance helicopter procured by Ambode administration for the State Police Command in November 2015

Kidnappers in the gallows As indicated in an address Ambode delivered when Lagos was admitted into the league of 100 Resilient Cities, largely, Lagos is Nigeria’s most peaceful state and a choice destination for investors nationwide. Reasons are not far-fetched. Unlike most states in the federation, he said, Lagos was free from armed insurgencies and terror attacks that plague other states.

According to Chief Adekunle Adebowale, the spate of kidnapping had gone down signiﬁcantly. Adebowale, Isipa of Igbodu, disclosed that the incidence of attack did not go down signiﬁcantly until Ambode intervened and facilitated the deployment of military personnel to different farmers’ communities in Epe Local Government Area early last month

A speed boat procured by Ambode administration for the State Police Command in November 2015

But the governor said the state did not achieve this status without strategic investment in its security sector. The state’s strategic intervention did not start until September 2007. Consequently, the state established the Lagos State Security Trust Fund (LSSTF), which it said, was put in place to support the Rapid Response Squad and other security agencies to combat in the state. Since its establishment, the Fund had raised N3.260 billion in cash and N9.201 billion in assets before Ambode took up the mantle of leadership. Six months after he assumed office, Ambode injected N4.756 billion to procure security equipment, thereby bringing the state’s support to the centrally controlled security agencies to N17.218 billion as at November 2015. Obviously, Ambode acknowledged the significance of logistic and strategic support to the security agencies his government

did not control directly. But the dynamics of criminal activities in the megacity threw up the compelling need to construct viable institutional and legal frameworks to deal with some heinous crimes like kidnapping for ransom among others. Ambode came up with the Prohibition of the Act of Kidnapping Law, 2017. Four kidnapping incidents necessitated the law because kidnapping had then become a major threat to the safety of citizens. The law was enacted “to put in place appropriate measures, particularly in public schools and other vulnerable targets, to prevent security breaches.” But its enactment became imperative due to the abduction of three students of Babington Macaulay Junior Seminary in Ikorodu, Oniba of Iba, Oba Goriola Oseni, wife of Deputy Managing Director of Sun Publishing Limited, Mrs. Toyin Nwosu and

two pupils, vice-principal and head teacher of Lagos Model College (Senior and Junior), Igbonla-Epe. With its enactment, kidnapping for ransom now attracts a penalty of life imprisonment in Lagos. But in a situation whereby a victim dies in the course of kidnap, suspects are liable on conviction to death. Beyond penalties outlined for any suspect of kidnapping, the governor said the state “will ensure full execution of the law and that all criminals will face its full wrath.” For him, one key factor has been driving the state’s sustained investment in the security sector in the last decade. Be it in Epe or Ikorodu, Ambode said, security is of utmost importance to our administration. So, according to him, his administration will, in line with Lagos strategic interest, deploy the law to address the challenge of kidnapping and punish the criminals.

IMAGES

L-R: Chairman, Board of Trustees, Augustine University, Ilara-Epe (AUI), Mr. Steve Omojafor; Chairman, Governing Council, AUI, Chief Gilbert Grant; and His Eminence, Anthony Cardinal Olubunmi Okogie, during the Turning of Sod ceremony for Faculty of Law Building in the University, in Ilara-Epe, Lagos.... recently

L-R: Ambassador Karo Ekewenu; General Manager, Marketing and Sales, MultiChoice Nigeria, Martin Mabutho and Tuface Idibia during the Big Brother Naija, winners party in Lagos...recently

T H I S D AY ˾ ˜ ͯͶ˜ Ͱͮͯ͵

Photo Editor ÌÓÙÎßØ ÔËÖË Email ËÌÓÙÎßØ˛ËÔËÖË̶ÞÒÓÝÎËãÖÓàÏ˛ÍÙ×

L-R; Big Brother NAIJA Housemates 2017 2nd runner up, Tokunbor Idowu; winner, Ejeba Michael Efe; President/Founder, Big Church Foundation, Dr. Olakunle Churchill; and ﬁrst runner up,, Bisola Aiyeola; at the presentation of plot of land each to the top three winners by Big Church Foundation in Lagos.... recently SUNDAY ADIGUN

L-R: Marketing Executive, Nigeria Ease of Doing Business Initiative (NEDBI), Adebayo Akinola; Facilitator/ Group Managing Director, CFL Group, Mr. Lai Omotola and Marketing Oﬃcer, Kazeem Alara, during a media brieﬁng and formal unveiling of Nigeria Ease of Doing Business Initiative, at Ikeja GRA,

L-R;Chairman-Recycling Group of China/SEZ Mr. Tony Lee; M.D./ CEO of OGFZA, Umana Okon Umana and Pioneer General Manager of Calabar Free Trade Zone, Dr. Sina Abgoluaye at the World Free Zone Convention held in Doha, Qatar...recently

L-R: Partner, I.dare-ng, Don Okpako; former Grouo Managing Director, Diamond Bank Plc, Alex Otti; Convener, I.dare-ng, Ndukwe Onuoha and , Founder, Min.ng, Kelechi Ekeghe during a discussion on power of ideas to drive change organized by I.dare.ng in Lagos....recently

L-R: Minister of Science and Technology, Dr Ogbonnaya Onu; Permanent Secretary, Mrs. Belema Wakama and Executive Director, Corporate Services, Bank of Industry (BOI), Mr. Jonathan Tobin, during a National fabricators workshop by the bank, in Abuja.... recently

Executive Secretary Tertiary Education Trust Fund (TETfund), Dr. Abdullahi Baﬀa; Head of Legal Unit, Adamu Abubakar; Acting Director, Education Support Services, Dr. Salihu Girel and Vice Chancellor, Gombe State University Professor Ibrahim Umar, during the commissioning of ICT building sponsored by TETfund in Gombe...recently

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Quick Takes Tillerson Earned $27.4m in 2016 US Secretary of State Rex Tillerson received compensation worth $27.4 million last year when he was chief executive of Exxon Mobil Corp, the worldâ&#x20AC;&#x2122;s largest publicly traded oil producer, regulatory filings showed at the weekend. He and other senior executives got raises even though Exxonâ&#x20AC;&#x2122;s net income fell more than 50 percent in 2016 as the company, like many of its peers, tried to cut costs and weather a period of low oil prices. The value of Tillersonâ&#x20AC;&#x2122;s compensation package last year rose about 0.5 percent largely due to a 4 percent boost in his salary to $3.2 million and an 8 percent jump in the value of stock awards to $19.7 million, an Exxon filing with the Securities and Exchange Commission showed. The value of perquisites Tillerson received from Exxon last year, including personal security and a life insurance policy, rose 7 percent to $575,850. Tillerson, 65, was nominated by then President-elect Donald Trump to be secretary of state in December. Tillerson retired from Exxon at the end of the year. He was confirmed by the U.S. Senate in early February.

Koral Energy Invests in Nigeria

MEDIA PALEY

L-R: Acting Managing Director, Mr. HaďŹ z Bakare; Chairman, Alhaji Umaru Modibbo and Executive Director, Mrs. Yvonne Isichei, all of Keystone Bank Limited, during an interactive session with the media at the bankâ&#x20AC;&#x2122;s Head oďŹ&#x192;ce in Lagos â&#x20AC;Śrecently

Local Content: Nigeria Retains $5bn of Yearly Spend in Oil and Gas Sector Ejiofor Alike The Executive Secretary of the Nigerian Content Development and Monitoring Board (NCDMB), Mr. Simbi Wabote has disclosed that about $5 billion out of the $20 billion spent annually in Nigeriaâ&#x20AC;&#x2122;s oil and gas is retained in-country as a result of seven years of implementation of the Nigerian Oil and Gas Industry Content Development (NOGICD) Act of 2010. Speaking in Lagos at the recent inauguration of the new national executive council of Oil and Gas Trainers Association of Nigeria (OGTAN), Wabote stated that the target of the NOGICD Act was to

ENERGY retain $10 billion of the yearly expenditure. He restated that before the NOGICD Act was signed into law, all fabrication, engineering, and procurement were done abroad resulting in estimated capital flight of $380 billion in 50 years, while estimated job lost opportunities was in the region of two million. â&#x20AC;&#x153;The narrative then was that nothing can be done in-country. Plants and modules fully fabricated offshore together with the technical, and even non-technical, manpower were â&#x20AC;&#x2DC;importedâ&#x20AC;&#x2122; into the country without any

structure in place to achieve knowledge transfer. The level of Nigerian Content was far less than five per cent,â&#x20AC;? he said. Wabote, who spoke on â&#x20AC;&#x153;Increasing indigenous participation and capacity development in the oil and gas industry â&#x20AC;&#x201C; The journey so far,â&#x20AC;? also revealed that the country currently has five pipe coating yards and two pipe mills out of the four pipe mills targeted before 2010. â&#x20AC;&#x153;Before 2010, only three per cent of marine vessels are Nigerian owned or Nigerian flagged; today, we have 36 per cent of marine vessels owned by Nigerians. Before 2010, we had no active dry-dock facilities. The few

we had were abandoned and left to rot away. Today, we have four active dry docking facilities in Port Harcourt, Onne, and Lagos. Over 35,000 jobs have been created on the back of implementation of the Act. Over 7,000 have enrolled on NOGIC Joint Qualification System (JQS), leading to employment. We are in discussion with an ICT consultant to use the JQS to capture more enrolments,â&#x20AC;? Wabote explained. He declared that with the NOGICD Act in place, it is no longer optional or debatable whether to comply with the law. Continued on page 22

Operators Must Account for Every Loss in Electricity Market, Fashola Insists Chineme Okafor in Abuja The Minister of Power, Works and Housing, Mr. Babatunde Fashola, has stated that culpable operators in the countryâ&#x20AC;&#x2122;s power sector must be held responsible for recorded losses incurred by the market. Fashola has also asked the Nigerian Electricity Regulatory Commission (NERC) to proactively enforce sanctions against any of the operators or stakeholders found guilty of contributing to the operational losses recorded by the market. He stated this at the just concluded 14th edition of the monthly meeting of power sector operators in Oshogbo, Osun state. â&#x20AC;&#x153;The daily losses in the power sector are avoidable and must

ENERGY be avoided. Every loss must be accounted for and paid for - be it by cash or by sanction or by the combination of both and more. This is a business and I have had cause to say that in any business that is properly run, when losses begin to occur those who run those businesses pay for them either by losing their jobs, or making refunds or by resigning. We are heading in that direction,â&#x20AC;? he explained. He further stated: â&#x20AC;&#x153;Whether it be in government, whether it be in the private sector; we will track every loss and we will apportion it at every door and we expect that those losses will be accounted for. So, this is the time for everyone to sit up, to close up and be ready

to assume his own role or ship out of the sector.â&#x20AC;? Fashola explained that because a large part of the sector was now in private hands, it was important to emphasise that the burden of compliance would tilt heavier to the side of the private sector. He added however that with the board of commissioners for the NERC fully in place, they have demonstrated that that they knew why the government appointed them to deliver on the mandate given to them by law. â&#x20AC;&#x153;It is good to now have the Commissioners of the Nigerian Electricity Regulatory Commission fully on board and demonstrably showing that they know why Mr. President appointed them and expectedly

they will commit to delivering on the mandate given to them by law and by the appointment,â&#x20AC;? Fashola said. Meanwhile, the Abuja Disco, has set up an 8-man investigative team to look into the circumstances surrounding an electrical accident that occurred recently in a neighbourhood of Nyanya, a suburb of the city. The Disco said in a statement from its Head of Public Relations and Media, Mr. Ahmed Shekarau that a preliminary report on the accident showed that an 11-Kv wire snapped and fell on the roofing sheet of a house in Nyanya. It said this led to an outbreak of fire which allegedly resulted to the death of a man and a Continued on page 22

Koral Energy International Limited (Koral) headquartered in Mauritius and focused on the African energy sector, has announced the acquisition of a Floating Production Unit (FPU) and the associated Operation and Maintenance (O&M) contract from Singapore based Mercator. Following the acquisition, Koral is focused on investing in the FPU to enhance service delivery to the Ebok field offshore Akwa Ibom State and to further increasing production operations. Commenting on the acquisition, Koral Managing Director, Patrick Vallette Dâ&#x20AC;&#x2122;Osia said: â&#x20AC;&#x153;This was a complex transaction, that required the alignment of multiple parties, across many jurisdictions, but plays to Koralâ&#x20AC;&#x2122;s strength in financial engineering and we are very happy to have delivered a sustainable and strong solution for the benefit of all.â&#x20AC;? â&#x20AC;&#x153;We believe there is a significant opportunity in Nigeriaâ&#x20AC;&#x2122;s energy sector, with a range of assets potentially available to companies like Koral, who can bring innovative financial skills combined with an understanding of African markets,â&#x20AC;? he added. The acquisition marks the companyâ&#x20AC;&#x2122;s first strategic investment in Africaâ&#x20AC;&#x2122;s energy sector. Koral was established in Mauritius to leverage emerging opportunities in Africaâ&#x20AC;&#x2122;s energy industry, with an initial focus on Nigeria.

OVH Energy Advocates Safety OVH Energy, licensee of the Oando Retail brand, recently held its third annual Free Car Diagnostics event powered by Oleum, the companyâ&#x20AC;&#x2122;s leading auto-motive lubricant brand. The 2017 edition of the event which was organised in partnership with Garutech, a renowned diagnostic company and the Nigerian Bottling Company took place at the National Stadium in Lagos, offering free auto diagnosis, oil change services and refreshments to car owners and customers. The company organised this yearâ&#x20AC;&#x2122;s first diagnostic event to ensure that customers safeguard themselves ahead of the upcoming Easter holiday season, when thousands of people usually embark on road trips to various destinations countrywide. The diagnostic services were performed by OVH Energy Marketingâ&#x20AC;&#x2122;s technical partners, Garutech a renowned automotive mechatronics outfit who specialize in vehicle diagnosis, repairs, and maintenance in Lagos.

â&#x20AC;&#x153;Before 2010, only three per cent of marine vessels were Nigerian-owned or Nigerianflagged; today, we have 36 per cent of marine vessels owned by Nigeriansâ&#x20AC;? Executive Secretary, Nigerian Content Development and Monitoring Board (NCDMB), Mr. Simbi Wabote

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BUSINESSWORLD LOCAL CONTENT: NIGERIA RETAINS $5BN OF YEARLY SPEND IN OIL AND GAS SECTOR

According to him, the Act has set minimum targets in 278 services across oil and gas value chain, with a provision for sanctions over non-compliance. He also hinted that regulations are being developed to cover other area not fully addressed in the Act such as power, construction, and ICT sectors. In his speech, the new OGTAN President, Dr. Mayowa Afe stated that OGTAN is an independent umbrella group of training service providers in the oil and gas sector, established by the NCDMB Act. According to Afe, OGTAN represents the education and training sectoral group of the Nigerian Content Consultative Forum (NCCF) under Section 58 of the NOGICD Act. Afe said the purpose of the group is to build local human capital capacity in Nigeria’s oil and gas sector, and also acts as a business group that interfaces with the operators, IOCs and the federal government.

OPERATORS MUST ACCOUNT FOR EVERY LOSS IN ELECTRICITY MARKET, FASHOLA INSISTS

child, and injuries to a woman. The statement quoted the Discos Director of Risk and Compliance, Collins Chabuka, to have said while inaugurating the probe panel that the decision was in line with the internal incident reporting and investigation procedure guidelines of the Disco, as well as the industry best practice. Chabuka said in the statement that: “It is AEDC’s internal health and safety policy requirements that all accidents are investigated by independent internal competent persons with extensive industry background, competence and knowledge. The purpose of the investigation is to highlight the shortcomings that may have led to the incident and also to recommend industry best practice and remedial measures to prevent a recurrence.”

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

Power Supply Worsens, Records Threats of System Collapse Twice in Two Days Ejiofor Alike Electricity supply has continued to worsen with the system recording threats of collapse in two days as low water levels at the hydro stations and challenges of gas supply hamper improvement in power generation in recent weeks, THISDAY has learnt. The Minister of Power, Works and Housing, Mr. Babatunde Fashola had told Arise Television, a sister broadcast arm of THISDAY Newspapers that the frequent power outages were due to low water levels at the nation’s hydro power stations, with generation averaging 3,400 megawatts. THISDAY’s investigation has revealed that the situation has worsened in the last one week with threats of system collapse occurring twice last week when the lowest daily generation went down to all-time low. According to the Daily Power Broadcast obtained by THISDAY, the lowest daily generation, which normally exceeds 3,000 megawatts, slumped to 108.70 megawatts on April 9 and 240 megawatts on April 10. The peak generation for the two days, it was learnt, was 3,831.80MW and 3,669.90MW, respectively. It was gathered that the significant drop in supply almost led to threats of system collapse on two occasions within 24 hours as the system struggled to manage less than 3,000MW, which was the average supply

during the period. The poor power situation virtually remained the same on April 11, when peak generation dropped further to 3,624.90MW, while the lowest generation was 1,554.70MW. Speaking off the records, a source at the Transmission Company of Nigeria (TCN) told THISDAY at the weekend that it was a ‘miracle’ that the system did not collapse completely as a result of the low generation. “When generation is too

high and the system collapses, that is when we blame the transmission system. But all these while, it is low generation that has been threatening the system. When generation drops to 3,000MW and below, nobody guarantees the stability of the system. So, it was a miracle that the system survived these past few days,” he explained. The Daily Average Load Allocation obtained from the distribution companies showed that the 11 Discos were allocated less than half

of their normal allocations on April 9 and 11. The power situation did not show any significant improvement at the weekend as peak generation on Saturday was around 3,856.30MW, while lowest generation was 2,690.30MW. Before the situation worsened in recent weeks, peak generation was 4,452MW on March 22; 4,072.70MW on March 29 and 4,199MW on March 30, THISDAY’s investigation further showed. Fashola had also blamed

the abysmally low generation to the shutting down of two power stations, assuring Nigerians, however, that government was determined to average generation at 3,400MW. “Two of our plants are down; they are trying to evacuate the condensates. We are, however, keeping power generation at about 3,400MW,” he had said, expressing hope that with the advent of the rain season and restoration of the hydro stations, generation would be ramped up to 4,000MW.

SEEKING BUSINESS COLLABORATION

L-R: Executive Director, Capital Markets, Nigerian Stock Exchange, Mr. Haruna Jalo-waziri; Chief Executive Oﬃcer, Mr. Oscar Onyema; Executive Vice President, Unilever Ghana/Nigeria, Mr. Yaw Nsarkoh; Company Secretary and Legal Director, Unilever Nigeria Plc, Mrs. Bidemi Ademola and Corporate Aﬀairs Director, Unilever Ghana/Nigeria, Mrs. Soromidayo George, during a business meeting between Unilever Nigeria Plc and the Nigerian Stock Exchange, in Lagos...recently

NERC Unveils Six Action Plans to Stabilise Power Sector Stories by Chineme Okafor in Abuja The new commissioners of the Nigerian Electricity Regulatory Commission (NERC), have outlined six areas the regulatory agency would focus on going forward to revive the fortunes of Nigeria’s privatised electricity market which is currently under immense operational stress. Coming almost two months after the inauguration of the board by the Minister of Power, Works and Housing, Mr. Babatunde Fashola, the commission at the last meeting of operators in the country’s power sector in Oshogbo, stated that it would focus on issues such as providing a cost efficient tariff for the sector as well as applying sanctions, where appropriate, to ensure operators comply with existing market rules. According to a communique of discussions at the monthly meeting of the operators, the Vice Chairman of the commission, Mr. Sanusi Garba, stated that the commission would in addition to committing to keeping tariffs that would ensure a self-sustaining power sector, it would enforce the commitments made by electricity distribution companies (Discos) on metering of residential consumers, and prepaid meters for government’s Ministries Departments

and Agencies (MDAs). The NERC, he added would also focus on ensuring that a centralised management of market revenues collected from all customers are maintained, that the Discos are appropriately capitalised, and procurements made within the sector are prudent. The communique also noted that the Transmission Company of Nigeria (TCN) restated its commitment to expand the country’s transmission infrastructure and improve on its operation. Meanwhile, Fashola, at the meeting also responded to claims by the Discos that the government’s recent approval of N701 billion for the Nigerian Bulk Electricity Trading Plc (NBET) to cover payments to power generation companies (Gencos) was partial and unable to solve the sector’s challenges. The Discos had through their trade association – the Association of Nigerian Electricity Distributors (ANED) made claims that the intervention fund was not the real solution to the sector’s troubles. They also asked the government to consider a holistic solution that would include them for the sector rather than what they said was a half-measure. But the minister said in response to their claims that

the government was not out to reward indolent operators in the sector with financial guarantees or aids, but operators who have shown their

commitment to productivity. He said in a statement from his senior special assistant on communication, Mr. Hakeem Bello, that: “We don’t have

contract with an association and the regulator knows what to do in terms of the exercise of its rights and we leave them to take their decisions.”

FG’s ‘7-big wins’ to Evaluate Operations of Floating Petrol Stations The federal government has said it would review the operational efficiency of all the mega floating petrol stations operated by the Nigerian National Petroleum Corporation (NNPC) within the waterways of the Niger Delta region. It said that within its recently launched ‘7 big wins’ policy direction, it plans to establish efficient modular refineries in the region, and as such would also ensure that products from the refineries are efficiently distributed across the region. According to Brenda Ataga, the Senior Technical Adviser on Downstream and Infrastructure to the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, the plan would help the government ensure regular availability of petrol to riverine residents of the region, and also eliminate instances of illegal and dangerous refining of petrol for use by them. Ataga said this in response to a question asked about the functionalities of the floating stations during a

media briefing at the corporate headquarters of the Petroleum Products Pricing Regulatory Agency (PPPRA) in Abuja. She said: “The government has initiated a 7 big wins policy, and that will enhance the refining capacity of the country through the modular refineries that would be set up in the region. A total plan is being looked at for the distribution of products from these refineries and that would include the floating stations.” Currently, the NNPC reportedly has 12 floating petrol stations in the Niger Delta, managed by its subsidiary – the NNPC Retail. The stations which were constructed in 2005 at an individual cost the corporation put then at N700 million, have however reportedly remained unproductive and unusable to riverine residents of the region. Also at a time in the past, the NNPC claimed that the floating station in Nembe, Calabar, Nkang and Ibaka

were fully operational with products available in them. However, without giving deeper details of what the review in the ‘7-big wins’ would entail, Ataga, noted that there would have to be a product distribution mechanism in the region to cut short the distance they travel to access healthy refined products. Under the ‘7-big wins,’ the federal government plans to restore the countries local refineries in Kaduna, Warri and Port Harcourt to produce at their optimum levels, and subsequently reposition Nigeria from a net importer of refined petrol products to a net exporter by 2019. It equally wants to set up colocated refineries and modular refineries to guarantee effective supply and distribution of products across the country, while attracting private sector investments and joint venture partners to boost operations in the mid and downstream oil sectors of the country.

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BUSINESSWORLD

ENERGY

Curbing Systemic Fraud in NNPC’s Downstream Operations With the recent sack of three of officials found liable in the petrol stock fraud, the Nigerian National Petroleum Corporation appears set to purge itself of mismanagement and corruption, both of which are endemic in its downstream operations, writes Chineme Okafor

NNPC Towers The NNPC last week announced it had concluded investigation into the sale without appropriate authorisation of 82 million litres of petrol valued at N11 billion by an indigenous downstream petroleum sector operator - Capital Oil and Gas Limited. Consequently, three top management staff of the corporation, who, were found culpable in the illicit act, were disengaged from its system and subsequently replaced by new persons. In a statement issued by its Group General Manager, Public Affairs, Mr. Ndu Ughamadu, which partly stated the outcome of the investigation, the corporation said the officials - Managing Director of NNPC Retail Ltd., Mrs. Esther Nnamdi-Ogbue; Executive Director of Operations at NNPC Retail Ltd., Mr. Alpha Mamza and the Manager of Distribution at NNPC Retail Ltd., Mr. Oluwa Kayode Erinoso, were relieved of their jobs. It added that their sack and deployment of new persons to take over their jobs were in line with the ongoing reforms initiated by the NNPC to cleanse all facets of its business operations of corrupt practices, and corrupt officials. Ughamadu explained that the trio of Mr. Adeyemi Adetunji, Lawal Bello, Mrs. Affiong Akpasubi, were appointed to replace the sacked staff as Managing Director of NNPC Retail Ltd., Executive Director of Operations NNPC Retail Ltd. and Executive Director of Services NNPC Retail Ltd., respectively. He also noted that Mr. Agwandas Andrawus, was appointed within the same context to head the distribution department of NNPC Retail Ltd. Exposing the irregularities The corporation’s Chief Operating Officer, Downstream, Mr. Henry Ikem Obih, who

provided details of how the infractions were perpetrated by the two downstream oil companies – MRS and Capital Oil, explained that it was discovered earlier in the year when NNPC had need to access over 100 million litres of petrol stored at the depot of Capital

Though the corporation did not outrightly disclose the parts played by its sacked officials in the entire process, insiders within it stated that they may not have committed any fraud parse in the sale of the products but perhaps failed to act appropriately when the first sign of the act was reportedly brought to their notice by relevant field officers

Oil for NNPC Retail and another 30 million litres in MRS Limited depot. Both depots are located within the Apapa area of Lagos. Ikem-Obih noted that the corporation discovered that the products had been sold by both firms without authorisation. Such development, he stated were in contravention of the throughput agreements it had with them, thus prompting a deeper investigation to uncover what transpired. He said that upon its initial investigations and demands, MRS opted to fully refund the 30 million litres of petrol it expropriated, while Capital Oil refused to refund the product. The corporation also extended the investigation to its officials who were directly involved as the acts were committed while they were in charge. The corporation further held that it would recover from Capital Oil the 82 million litres of petrol valued at N11 billion, which the company took despite the firm’s claims that it was equally owed monies by it for services rendered. It stated that in addition to taking punitive actions against parties involved in the anomaly, it would also set up new modalities to guide its engagement of throughput partners in future. The NNPC’s Group Managing Director, Dr. Maikanti Baru, stated that the Corporation under his leadership will not accept such underhand practices, and vowed he would recover the outstanding stock of the missing petrol in Capital Oil Depot. Though the corporation did not outrightly disclose the parts played by its sacked officials in the entire process, insiders within it stated that they may not have committed any fraud parse in the sale of the products but perhaps failed to act appropriately when the first sign of the act was reportedly brought to their notice by relevant field officers.

Similarly, other sources suggested that the officials may had been aware of the development, but perhaps chose to look the other way. They further alleged that one of the indicted firms had in the past committed such act and got away with it. Reforming throughput arrangements Even though one of the downstream operator – MRS, has reportedly refunded the corporation what it took from it, the NNPC said it would ensure that Capital Oil refunds its expropriated petrol stock. Baru, stated that the corporation will also set new modalities to guide its engagement of throughput partners. He therefore charged the new staff deployed to replace the sacked three, to remain committed to their duties in line with the transformation aspirations of the NNPC. Baru however did not state in clear terms the form of reforms that would be introduced in its future throughput agreements, but Ikem-Obih, in one of his interactions with journalists on the development, noted that new control measures would be introduced by the corporation in its management of future throughput transactions. Also, if properly implemented, NNPC’s planned reform of its downstream operations would come in line with a countless number of reform proposals made by the Nigeria Extractive Industries Transparency Initiative (NEITI) on the corporation to cleanse itself of reported instances of corruption within its system. The NEITI had in its various audits of the country’s oil and gas industry, charged NNPC of countless infractions in all areas of its operations, including the downstream sector where the corporation appears to have initiated new steps against corrupt practices.

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BUSINESSWORLD

ENERGY

Averting Potential Threats to Fuel Supply The recent strike by the Petrol Tanker Drivers should be a lesson for the federal government to address all issues that could potentially threaten the fuel supply chain, including the settlement of the outstanding $1.1 billion mature Letters of Credit to marketers. Ejiofor Alike reports The chronic challenges, which have over the years, led to scarcity of petroleum products in the country manifested recently in a oneday strike embarked upon by the Petroleum Tankers Drivers (PTD) section of the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG). PTD’s action could have plunged the country into another avoidable fuel crisis but for the swift intervention of the Minister of State for Petroleum, Dr. Ibe Kachikwu and the Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Dr. Maikanti Baru. However, going by experience, the drivers will renew their agitations in the months ahead to press on with their demands as the duo’s intervention only led to an increment of the bridging claims paid to the tanker owners – National Association of Road Transport Owners (NARTO), thus partially meeting only one of the numerous demands of the drivers. NUPENG had in their communique at the end of its recent Central Working Committee (CWC) meeting held at the union’s secretariat in Yaba, Lagos, drawn the attention of the federal government to some unresolved issues bordering on the welfare of workers, such as bad roads, poor remuneration, insecurity, non-passage of PIB to commercial the NNPC and the alleged excesses of some security agencies. However, the pressing issues in the communiqué were the issues of bad roads, drivers’ salaries, and extortion of drivers on the highways by security agents. South West Zonal Chairman of NUPENG, Alhaji Tokunbo Korodo, in a telephone conversation with THISDAY, identified poor remuneration, insecurity and bad roads as the major issues that fueled the agitation by the drivers. “The tanker drivers have been appealing to NARTO for salary increment but NARTO refused. NARTO’s position is they can’t increase the drivers’ salaries because the costs of spare parts have increased and the government has not increased their bridging claims. Apart from the issue of drivers’ welfare, most of the roads they ply are bad and this has resulted in accidents or damaging their trucks. Tanker drivers die every day due to bad roads and we want government to address the issue. The harassment of drivers by security agents, especially officials of Nigeria Security and Civil Defence Corps is also unacceptable,” Korodo explained. “The officials claim they are looking for stolen or adulterated products. They ask drivers for samples of their products and when the drivers cannot provide the samples because the products are sealed, they force them to break the seal,” he said. “Most of these drivers are harassed by these officers, at times the tanker and the driver will be detained for close to a month,’’ he said. Korodo further disclosed that the union wants quick resolution of the dispute between the NNPC and Capital Oil and Gas Limited. According to him, the jobs of more than 2,000 staff of Capital Oil and Gas Limited are on the line due to their closure Capital Oil facility by the federal government. “NNPC is saying that Capital Oil is indebted to it but Capital Oil has said that from its own records, the NNPC is indebted to it. We want government to intervene to ensure that they do proper reconciliation because it is affecting our members. We have over 2,000 tanker drivers in Capital Oil and they have been declared redundant since the dispute started. Having been declared redundant, the drivers might be issued sack letters and we don’t want that to happen. That is why we want government to resolve the matter,” Korodo explained. According to him, the union wants the federal government to resolve the matter so that the staff and tanker drivers would resume duty.

Queues of vehicles in a ﬁlling station Suspension of action However, the tanker drivers suspended the strike, which lasted for only one day after the federal government had announced the immediate increment of the bridging claims payable to petroleum product marketers. As part of moves to ensure uniform price of petrol across the country, bridging claims are paid to marketers for the transportation of petroleum products from the storage depots to retail outlets across Nigeria. In his opening remarks at the meeting between NNPC and leaders of the PTD in Abuja, the Group Managing Director of NNPC, Dr. Maikanti Baru, said the allowance was raised from the current N6.20 per litre to N7.20 with immediate effect. Though the drivers suspended the action following the increase in the bridging claims paid to their employers – NARTO, the government gesture failed to address the numerous demands of the drivers, including the issue of salaries, which the increment is supposed to resolve. It is obvious that the paltry N1 increase in bridging claims cannot permanently take care of the huge entitlements of the drivers. Also the demand by the drivers for the government to fix the bad roads, which claim the lives of drivers on the highways and the issue of extortion on the highways by security agents, will require the attention of the highest level of government as these issues cannot be handled by the NNPC or the Ministry of Petroleum. Apart from the tanker drivers, motorists and other road users have also lost their lives when tankers carrying petroleum products exploded after plunging into pot holes and ramming into other vehicles on the high ways. Feelers from officials of PTD indicate that unless these challenges are holistically addressed, the agitation by the drivers will resurface in the future, thus threatening the stability in fuel supply and distribution. Outstanding subsidy claims Apart from the issue of unpaid salaries, bad roads and extortion by security agents on the highways, which have led to constant protests by tanker drivers, another major issue that has the potential to threaten the current serenity in the supply of petroleum products in the country is the non-payment

of the outstanding $1.1 billion subsidy claims incurred by marketers during the subsidy regime. The marketers had repeatedly warned that unless the claims were paid, they could kill not only their businesses but also worsen the liquidity crisis in the banking sector with the attendant unsavoury implications for fuel supply nationwide. In a recent communiqué issued at the end of one of their meetings in Lagos, the marketers, under the aegis of Independent Petroleum Products Importers (IPPIs), had argued that the outstanding debt was money borrowed from banks to fund importation during the subsidy regime. The marketers contended the unpaid claims have accumulated an interest of N180 billion because of the failure of the federal government to pay the interest on the loans as agreed. The marketers, comprising Major Oil Marketers of Nigeria (MOMAN), Independent Petroleum Marketers Association of Nigeria (IPMAN), and Depot and Petroleum Products Marketers Association (DAPPMA), said their inability to pay or service the loans, had not only stalled importation of fuel by the private marketers but is also threatening the operations of the affected banks and the country’s financial system. “The CBN has also offered foreign exchange to IPPIs under a special window aimed at liquidating outstanding matured Letters of Credit at an exchange rate of N305. However, the exchange rate of N197 when Letters of Credit were initially opened for IPPIs and transactions concluded and the current CBN offer rate of N305 is an increase of 55 per cent and a significant rate differential,” the marketers explained. They said: “This means that for every 15,000 metric tonnes of petrol imported by the IPPIs at a rate of $500 per MT and whose foreign exchange differential claims have not been paid then it means that the cargo of 15,000MT imported at the N197 rate will now be given foreign exchange at the rate of N305. By implication a cargo of 15,000MT at $500 per MT is S$7,500,000 or N1, 477,500,000 at N197 rate or N2, 287,500,000 at N305 rate. If these outstanding payments to IPPIs are made at N305 they would suffer a loss of N810, 000,000 per 15,000MT cargo of petrol. Government’s delay in paying debts to IPPIs

and the difficulty they face in procuring forex at equitable rates will likely see the extinction of many of the IPPIs in 2017 thereby creating petroleum products shortages and attendant insecurity,” the marketers added. The marketers said the problem of the banks was compounded by the fact that they provided billions of dollars to finance the importation of cargoes of petrol by IPPIs. “They opened Letters of Credit at approximate exchange rate of N197 per dollar. Petrol cargoes were supplied and sold by the IPPIs at the selling prices approved and subsidised by government and the subsidy payments were calculated using the above exchange rate. Now at the beginning of 2017, the banks have not liquidated the Letters of Credit from 2014 because of lack of foreign exchange from the government. The outstanding matured Letters of Credit are currently over $1billion. The Nigerian banks involved and the entire Nigerian banking system is at risk on account of these transactions,” said the marketers. The communiqué, which was signed by their Legal Adviser, Mr. Patrick Etim, had added that there was little evidence that the government had seen the risks in further delaying the payments under the subsidy scheme. “The exposed situation of the banks is exacerbated by the current trends in the petrol market. When the fixed pump selling price of petrol was increased from N97 to N145 per litre in May 2016, it was based on an exchange rate of N285 resulting in a 45 per cent increase. On June 20, 2016 the Naira was devalued from N285 to N305, which is an increase of seven per cent but the fixed pump selling price of petrol has not been increased. This means that petrol must be subsidised,” the marketers reportedly added. The communiqué added that the outstanding claims arose largely from importation of petroleum cargoes authorised by the administration of President Goodluck Jonathan’s government, stressing that since government is a continuum, the contracts of the President Jonathan’s government will remain binding on successive governments. Since these claims have been verified by the present administration, it is important that the payment modalities be worked out to avert potential crisis.

18.04.2017

WEEKLY PULL-OUT

DEATH OF INNOCENTS AT QUEEN'S COLLEGE: CRIME OF INVOLUNTARY MANSLAUGHTER

Late Bithia Itulua

Late Vivian Osuinyi

Late Praise Sodipo

2/DASHBOARD

18.04.2017

Propriety of Order of Certiorari Concerning Executive Act of the President PAGE 4

NBA Prepares Lawyers for ‘A’Class National Conference PAGE 5

Kogi Chief Judge Assured of Establishment of Appeal Court Division in Lokoja PAGE 6

‘A Good Lawyer Must Specialise To Make Maximum Impact’ PAGE 6

QUOTABLES 'The Court of Appeal Case decided that no Legislative House in Nigeria can suspend a member for one single day. This overruled the decision in the Dino Melaye case, which allowed 14 days suspension. Because the Court said that when you suspend, you have violated the democratic rights of the people of the constituency of the suspended member. That is the position of the law today. ' – Femi Falana, SAN

Fijabi Adebo Holdings v NBC Plc: Judicial Victory Like No Other PAGE 7

'Whatever they are doing to Nnamdi Kanu touches the heart of every Ibo man. I think it's not a wise thing to give Nnamdi Kanu conditions for release. If you want to release him, drop the charges. That's why we have an Attorney-General of the Federation. For the first time, let that man learn that he is serving the people. Attorney-General of the Federation means AttorneyGeneral of the people, not just the people in power. So far, he is the worst Attorney-General that we have ever had. He's not a Democrat. He's a Politician.' – Goddy Uwazurike, Legal Practitioner, Former President, Aka-Ikenga

COLUMNIST MICHAEL JONATHAN NUMA The word“Canvass”in legal parlance means to discuss thoroughly, to advance an issue, to examine a question in detail. This column attempts to critically analyse trending legal issues across several jurisdictions bordering on topics making the rounds at the material time, ranging from judicial decisions, to policy statements, guided political simulations, and socio-economic matters to statutory interpretations by commentators within and outside the legal profession, proffering constructive criticism based on different well thought out perspectives. The writer, Michael Numa obtained his LL.B (Hons) and LL.M (Hons) from Delta State University and Queen Mary College, University of London respectively. He is a member of the School of International Arbitration London, Member of the Chartered Institute of Arbitration UK, Member of the Chartered Institute of Patent Attorneys U.K. He is the Managing Associate of Messrs Karina Tunyan (SAN) & Co in the FCT, Abuja, Nigeria. He is an Intellectual Property and Private International Law Practitioner.

Contributions to Investors’ Protection Fund and the Fraudulent Preference Risk PAGE 11

Kogi: Gov Bello, Supreme Court and Windmills of the Gods PAGE 12

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

‘Banana Republic, Septic Isle...’

he title of this piece 'Banana Republic, Septic Isle' is from a song released in 1980 by the Boomtown Rats in their album Mondo Bongo. It was a scathing response to being banned from performing in their home country, Republic of Ireland. Sir Bob Geldof, world renowned humanitarian and political activist, was a member of the Boomtown Rats and co-writer of the song. They sang about people in black and blue uniforms. It just reminded me of Nigeria, the DSS and the Nigeria Police, the unlawful detentions, the clamp down on protests and so on. As usual, I was watching the news on television the other day. The report was about the former Governor of Benue State, Gabriel Suswam suing the DSS, Federal Government and Attorney-General of the Federation inter alia, for N10 billion exemplary damages for unlawful detention since February 25th, 2017. There seems to be a wave of unlawful detentions going on these days. It reminds me of the dark days of the Abacha regime, when anyone could be thrown into jail and the keys thrown away, for the flimsiest of reasons. Ghosts of the Past Why should the democratic dispensation which we purport to be in presently, bring back such ghosts of the past, a negative déjà vu? The Constitution, which is usually suspended under a military dispensation, came back into force by virtue of the 1999 Constitution of the Federal Republic of Nigeria (the Constitution), and the Fundamental Rights of all Nigerian citizens are guaranteed by Chapter 4 of the said Constitution. DSS v Sheik El-Zakzaky Let us use the case of Sheik Ibrahim El-Zakzaky, the leader of the Shi’a Islamic Movement in Nigeria, as an example. He was arrested on December 14, 2015, consequent upon a violent clash between his Shi'a faithfuls and the army. Several people lost their lives in that encounter. He and his wife have been detained by the DSS since then. Honourable Justice Gabriel Kolawole of the Federal High Court, Abuja Division, in December, 2016, ordered the release of Mr & Mrs El-Zakzaky within 45 days of his decision, the DSS was ordered to pay the El-Zakzakys N25 million each and provide a decent accommodation for Mr El-Zakzaky and his family in Kaduna or within Northern Nigeria where the Islamic Movement exists. Till date, the El- Zakzakys remain in detention. Justice Kolawole debunked the Government’s claim that the El-Zakzakys were not being detained, but kept in protective custody, saying that there is no known law which provides for such custody in Nigeria. It gives a bad impression of Nigeria to the world, when government agencies, especially the law enforcement ones, consistently disobey and disregard court orders and judgements, paying them no mind. This type of slight not only shows scorn, disdain, disrespect, and contempt for the Judiciary and the Rule of Law by these agencies, especially as they remain unchecked by the other arms of government, it makes the International

IPOB Leader, Nnamdi Kanu

Community fearful and uncomfortable. Who wants to go to or stay in or do business in a country where court decisions hold no water? Bail is a constitutional right as guaranteed by Sections 35(1) and 36(5) of the Constitution. In the case of the accused person whose alleged offence is a capital offence (one involving murder), bail is not usually granted, except by the Court in special circumstances. For example, throughout the case of the ‘Apo 6’ who were murdered by policemen, Deputy Commissioner of Police Danjuma Ibrahim, one of the accused persons who was recently acquitted of the charges, was on medical bail, even though he was charged with a capital offence. To the best of my knowledge, Mr & Mrs El-Zakzaky are not facing capital offence charges, and the Court has ordered their release, why then, their continuous detention? All calls and protests to the DSS and Government for their release, have fallen on deaf ears. Nnamdi Kanu, the IPOB leader is also suffering the same fate. He has been in detention since October, 2015, despite being granted bail twice, first by an Abuja Magistrate Court and subsequently, by an Abuja Federal High Court.

of the countries that hold the rule of law in high esteem, Ibrahim Magu, whose record is tainted with several unlawful detentions under his watch as Acting Chairman of the EFCC, in spite of court orders to the contrary, would automatically be seen as a despot who has absolutely no regard for Fundamental Rights as guaranteed by the Constitution. His human rights record on this issue alone, would be enough to disqualify him for the position of EFCC Chairman in a democratic dispensation. Obviously, if we were in a military dictatorship, the story would be different, and maybe he would be perfect for the role. Actually, it seems that people are apprehensive of making negative comments about the EFCC issue, or to confess that Section 171 of the Constitution is not applicable to the EFCC, which is a creation of statute, the EFCC (Establishment) Act, 2004, and therefore, Magu cannot continue to act 'ad infinitum', for fear of being harassed and witch-hunted by the agency, for airing contrary views. Are we now in a police state? What happened to our right of freedom of expression guaranteed by Chapter 4 of the Constitution?

EFCC Too The Economic and Financial Crimes Commission (EFCC) is also not immune to this illegal detention syndrome. There have been several awards in damages made by Courts against the EFCC, due to unlawful detention of people. On October 21, 2016, the EFCC went as far as arresting Mr Femi Fani-Kayode on the court premises without an arrest warrant, and he was detained for 24 days. He had previously been detained by the EFCC for 67 days, despite being granted bail by the Court. One Sylvanus Okpetu, a lawyer, was unlawfully detained by the EFCC for a week, N6m was awarded against EFCC by a High Court in Abuja. In the case of the unlawful detention of Uche Secondus, the former Acting Chairman of PDP, N10m was awarded against the EFCC, while the former National Security Adviser (Rtd) Colonel Sambo Dasuki has been languishing in detention since 2015, despite being granted bail by about 3 courts! For the sake of clarity, the grant of bail does not in any way signify an acquittal from criminal charges. EFCC, DSS and co., please, note. The concept or essence of bail, arises from the worldwide constitutional position of the presumption of innocence until proven guilty, similar to the provisions of Section 36(5) of the Constitution. To be candid, in a country like USA or any

Reign of Terror It however, occurred to me that this high handedness or reign of terror that these agencies have unleashed on Nigerians, and the flagrant disregard for the rule of law being displayed by them, cannot be without the assent of the Presidency. May I seize this opportunity to remind us all that we are in a democracy in 2017, and not a fascist dictatorship in 1984. As Professor Chidi Odinkalu rightly said at a peaceful protest/call for Government to release the El-Zakzakys in Abuja last week, "The Courts are established to protect our laws and our people under law. When a man goes to court, gets an order, a responsible government obeys it. When you keep a fellow Nigerian citizen for 485 days in detention, without telling us what he has done, without giving him freedom, you violate the Constitution, you violate your office, you violate Nigerians". Breach of the Constitution If we have not even been informed of what the El-Zakzakys' alleged offences are, after over a year of detention, it seems that Government is in breach of, including but not limited to, Sections 35(3), 35(4)(a), 38(1), 39(1) of the Constitution. The question is, why should anyone in this country obey any laws, if the Government is itself is a serial law breaker? Is what is good for the goose not good for the gander? What

ONIKEPO BRAITHWAITE

THE ADVOCATE onikepo.braithwaite@thisdaylive.com

"IT HOWEVER, OCCURRED TO ME THAT THIS HIGH HANDEDNESS OR REIGN OF TERROR THAT THESE AGENCIES HAVE UNLEASHED ON NIGERIANS, AND THE FLAGRANT DISREGARD FOR THE RULE OF LAW BEING DISPLAYED BY THEM, CANNOT BE WITHOUT THE ASSENT OF THE PRESIDENCY. MAY I SEIZE THIS OPPORTUNITY TO REMIND US ALL THAT WE ARE IN A DEMOCRACY IN 2017, AND NOT A FASCIST DICTATORSHIP IN 1984 " is the essence of having laws, a Judiciary and Court System, if no one obeys them? I do however, understand that there may be an element of frustration on the part of Government, in the sense that there has been so much lawlessness, crime and looting with impunity going on in Nigeria, that Government may feel constrained to take some harsh steps to restore some sanity into our country. But two wrongs they say, do not make a right. The Government must be the Custodian of the Constitution and the law, and to the extent that the Constitution subsists, no amount of temptation should make Government and its agencies disobey the Constitution, Court decisions and/or any laws. By so doing, Government is setting a bad precedent.

Dear Editor My Dear Onikepo Braithwaite, It has been interesting having you on Board as the Editor in Chief of THISDAY LAWYER. Since you assumed duties after Mrs. May Mbu, you have brought in freshness, vitality and new perspective in the content and quality of items to your wide readers. It

was of great interest reading "The Enemy Within: Domestic Violence in Nigeria" in the edition of 28/3/2017 of your THISDAY Lawyer. More interesting is "The Other Faces of Corruption" which you highlighted in the edition of 21/3/2017 of THISDAY Lawyer. Regards.

Sheik El-Zakzaky and Wife, Zeenat

Kio, Daketima Gabriel, Esq. Port Harcourt Dear Editor, Re: Education! Education! Education! Hmmmmmm. That was a good write-up ma. All over the world, no nation develops beyond the level of its education. And besides, the level of education in any society is determined by the education of its leader(s). Ours is a pathetic story: Awolowo built the minds of his people with the weapon of education, and also built their environment with the same weapon. Today, our leaders cannot see beyond their nose. The reason for this is not far-fetched: they are not stakeholders in the nation called Nigeria. How many of our political leaders (appointed or elected) have their children as students in Public schools, including the Minister of Education? Not even Commissioners. They know the rot and they are not ready to fix it. When was the last time that Federal Government built a secondary School? When was the last time it organised a national quiz competition? Our leaders keep on building structures and leave the man, forgetting that the man that was not built will come back to destroy the structures. Adekunle Adetipe

4/LAW REPORT

18.04.2017

Propriety of Order of Certiorari Concerning Executive Act of the President

the Federal High Court (Civil Procedure) Rules 2000, which is on all fours with Order 34 Rule 1 and (2) of the Federal High Court (Civil Procedure) Rules, 2009. Responding, Counsel for the 1st Respondent posited that the Appellants were not able to show that the letter of 8th January, 2009 which was the fulcrum of their action, was a decision within the meaning and contemplation of judicial review vide a Writ of Certiorari. He submitted that since the application for judicial review was founded on Certiorari as contained in relief 7 of the claim, the other reliefs could not be entertained. He submitted further that, the other reliefs are declaratory reliefs which can only be granted at the discretion of the Court, and the Appellants failed to place all the materials before the Court, to enable it exercise its discretion in their favour. He placed reliance on REMAWA v NACB (2007) 2 NWLR (PT. 1017)155 and MENAKAYA v MENAKAYA (2001) 16 NWLR (PT. 738) 203 at 253 B - D. Counsel for the 4th to 7th Respondent agreed with Counsel for the 1st Respondent, that the Appellant’s main relief before the trial Court was for an order of certiorari to quash the 4th Respondent’s decision. He submitted that all the other reliefs revolve around this main relief, and in the absence of jurisdiction to entertain the application for judicial review, all other reliefs were bound to fail as a Court of law cannot grant declarations and injunctions in an incompetent application or suit.

Facts

ometime in March 2005, the Ministry of Petroleum Resources (5th Respondent), conducted a bidding exercise for the award of exploration rights in respect of several oil blocks. Prior to the bid exercise, the Appellants had agreed to collaborate with the Nigerian Government to develop downstream projects on the understanding that they would be awarded Production Sharing Contract (PSC) rights during the bid exercise. During the exercise, the Appellants were given pre-emptive rights over Oil Prospecting Licences (OPLs) 321 and 323. In order to fulfil the local content policy of the bid exercise, the Appellants formed a consortium with Tulip Energy Resources Limited (2nd Respondent) with respect to OPL 321 and NJ Exploration Limited (3rd Respondent) with respect to OPL 323. At the end of the bid exercise, the successful Bidder was ONGC VIDESH Limited (8th Respondent). The 1st Appellant was expected to match the 8th Respondent’s offer to be entitled to acquire the PSC rights in the two OPLs. The two oil blocks were awarded to the Appellants along with their Local Content Partners, with the understanding that the Appellants would form a new consortium with the 8th Respondent to enter into the PSCs for the two blocks. By a letter dated 8th January 2009, the President of the Federal Republic of Nigeria (4th Respondent) revoked the allocation of the oil blocks to the Appellants, on the ground that the 1st Appellant defaulted in making full payment of the prescribed bonus offered by the 8th Respondent at the 2005 bid within the specified period. Dissatisfied with the turn of events, the Appellants filed an Originating Motion before the Federal High Court seeking among other reliefs, judicial review of the decision of the President revoking the licenses. They sought inter alia, an order of Certiorari quashing the said decision of the President, on the ground that it was illegal, procedurally unfair and defeated the legitimate expectations of the Appellants. In its judgement, the trial Court declared the revocation void and granted all the reliefs sought. Dissatisfied, the 1st Respondent (Owen Petroleum Services Nig. Ltd) appealed to the Court of Appeal which allowed the appeal, set aside the judgement of the trial Court and struck out the Appellants’ suit, on the grounds that the decision of the 4th Respondent, being an executive decision, is not subject to judicial review by way of Certiorari and the trial Court lacked the jurisdiction to entertain the suit. Aggrieved by the decision, the Appellants appealed to the Supreme Court. Issues for Determination The Apex Court adopted the following issues in its resolution of the appeal thus: 1. Whether the Court of Appeal was right in holding that the decision of the late President Musa Yar’adua in voiding OPLs 321 and 323 was an executive act which was not subject to review vide an Order of Certiorari. 2. Whether the Court of Appeal was right in striking out the entire case of the Appellants filed at the trial Court, on the basis that one of the eight reliefs sought by the Appellants was not within the Court’s jurisdiction. The 1st Respondent was also dissatisfied with part of the decision and filed a cross- appeal. Arguments On the issues in the main appeal, learned Counsel for the Appellant argued that the relevant factor to be considered in an action for judicial review vide an Order of Certiorari, is the nature of the action taken and not the body that took the action. He argued that the lower Court placed undue reliance on the body that performed the act. Relying on EGBUNIWE v FGN (2010) 2 NWLR (PT. 1178) 348 at 367-368, he contended that a Writ of Certiorari may lie against the executive arm of government. He argued further that the right to revoke exploration and mining rights is vested in the Ministry of Petroleum Resources (6th Respondent), and that such power exists only in relation to Oil Prospecting Licences and Oil Mining Licences, and not in respect of Production Sharing Contracts. He submitted that the President acted in excess of his powers, by purporting to revoke the Appellants’ PSC rights, and the decision of the lower Court amounted to a total disregard of the rule of law. In response, learned Counsel for the 1st Respondent submitted that the 4th Respondent was exercising his executive powers pursuant to Section 5(1) of the 1999 Constitution, and was not acting in a judicial or quasi-judicial or ministerial capacity in which he was expected to be bound by the rules of fair hearing. He submitted that any power exercised by the Minister is derivable from the President vide Section 148(1) of the Constitution, which the President can just as well exercise himself. Counsel for the 4th to 7th Respondents aligned himself with

Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC

In the Supreme Court of Nigeria Holden at Abuja On Friday the 24th day of February, 2017 Before Their Lordships Olabode Rhodes Vivour Musa Dattijo Muhammad (Dissenting) Kudirat Motonmori Olatokunbo Kekere-Ekun Amina Augie Paul Adamu Galinje Justices, Supreme Court SC. 249/2012 Between Korean National Oil Corporation & 2 Ors.............. Appellants And Owel Petroleum Services Nigeria Ltd & 7 Ors ......Respondents Lead Judgement delivered by Hon. Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC

the explanation given by the Court of Appeal, on what a Writ of Certiorari is. He argued that the revocation of OPLs 321 and 323 by the 4th and 6th Respondents could not, by any stretch of imagination, amount to a judicial or quasi-judicial act that could be quashed by an Order of Certiorari. He submitted that the power to void the OPLs is legal and contractual, and the decision by the 4th Respondent was a purely executive act that did not arise from the decision of an inferior Court or Tribunal. In response to the Appellant’s contention that only the OPLs and not the PSCs could be voided, Counsel submitted that the PSCs cannot stand independently of the OPLs, and once the OPLs are voided, the PSCs cannot stand. On the second issue, Counsel for the Appellants argued that even if the decision of the 4th Respondent is not subject to judicial review by way of Certiorari, the Court of Appeal ought to have only struck out the prayer for an Order of Certiorari and considered the other reliefs. He referred to Order 47 Rule 1(1) and (2) of

Court’s Judgement and Rationale In determining the 1st issue, the Supreme Court held that an order of Certiorari is issued against acts and decisions of bodies and/or persons exercising administrative or judicial or quasi-judicial authority affecting rights of people, which makes it mandatory for them to act fairly. It does not lie against executive or legislative acts or mere administrative acts as such acts are not performed in accordance with the rules of fair hearing. JUDICIAL SERVICE COMMISSION OF CROSS RIVER STATE v YOUNG (2013) LPELR – 20592 (SC) AT PAGE 43 C- E. The Apex Court restated its decision in NWAOBOSHU v MILAD DELTA STATE (2003) 11 NWLR (PT. 832) 305 that no legislative or executive act is subject to the controlling jurisdiction of the Writ of Certiorari, because it is not an act performed or expected to be performed judicially. The Court opined that the relationship between the parties was contractual, and the Appellants’ complaints constituted mere allegations of breach of contract, for which a prerogative Writ of Certiorari is an inappropriate remedy. The Court held that the letter conveying the decision of the President to revoke the OPLs represents an executive act that cannot be quashed by an Order of Certiorari, having arisen from a purely contractual relationship. On the 2nd issue, it was held that the incompetence of a Court to entertain and determine the principal question in a proceeding will rob it of jurisdiction to entertain ancillary reliefs. The Court referred to TUKUR v GOVT. OF GONGOLA STATE (1989) 4 NWLR (PT. 117) 517 at 549, 567 E & 568 A –B and stated that a court cannot adjudicate over ancillary claims where such ancillary claim will inevitably involve a discussion of the main claims. On the 1st Respondent’s Cross-appeal, the Supreme Court held that having resolved the main appeal against the Appellants and affirmed the Order striking out the suit before the Federal High Court, the Cross-appeal no longer had any leg to stand on. Appeal Dismissed; Cross Appeal struck out. His Lordship, Musa Dattijo Muhammad, JSC dissented on the issue of jurisdiction of the trial Court to entertain the suit, on the reasoning that though the suit was wrongly constituted having been commenced by wrong procedure, Order 51(1) of the Federal High Court (Civil Procedure) Rules, saves such proceedings as long as miscarriage of justice is not occasioned thereby. Representation: Adeniyi Adegbonmire, SAN with O. Aliu (Mrs.) & 2 Others for the Appellants/1st to 3rd Cross Respondents. Dr Alex Izinyon, SAN with Ese Igbako (Mrs.) & 6 Others for the 1st Respondent/ Cross Appellant. O. Jolaawo Esq. with F.C. Ani Esq. & 2 Others for the 2nd Respondent/4th Cross Respondent.

"NO LEGISLATIVE OR EXECUTIVE ACT, IS SUBJECT TO THE CONTROLLING JURISDICTION OF THE WRIT OF CERTIORARI, BECAUSE IT IS NOT AN ACT PERFORMED OR EXPECTED TO BE PERFORMED JUDICIALLY"

Chief Robert Clarke, SAN and A.A. Raji, SAN with I.B. Mohammed Esq., for the 3rd Respondent/5th Cross Respondent. T.A. Gazali, Assistant Chief State Counsel, Federal Ministry of Justice with Yagana M. Sheriff Esq. (SSC) & 2 Others for the 4th to 7th Respondents. No appearance for ONGC VIDESH LTD (8th Respondent). Reported by Optimum Law Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))

18.04.2017

NEWS/5

TURNING OF SOD L-R: NBA 1st Vice President, Mr. Caleb Dajan, President, A.B. Mahmoud, SAN, Conference Planning Committee Chairman, Professor Konyin Ajayi, SAN and NBA General Secretary, Mr. Abiola Olagunju

L-R: Chairman, Board of Trustees, Augustine University Ilara-Epe (AUI), Mr. Steve Omojafor; Chairman, Governing Council, AUI, Chief Gilbert Grant; and His Eminence, Anthony Cardinal Olubunmi Okogie, during the Turning of Sod ceremony for Faculty of Law Building in the University, in Ilara-Epe, Lagos recently

NBA Prepares Lawyers for ‘A’Class National Conference Jude Igbanoi The leadership of the Nigerian Bar Association has empowered a committee chaired by Professor Konyin Ajayi, SAN to plan and deliver a world class Annual General Conference for the Association from August 25 to 31, 2017 at Eko Hotel & Suites Exhibition Centre and other venues in Lagos. The Conference will, for the first time in the history of the Association, open its doors to sister bar associations and law societies from other African countries. Addressing the media last Wednesday at the offices of Olaniwun Ajayi LLP, Lagos, NBA President Mr. A.B. Mahmoud, SAN and Professor Konyin Ajayi, SAN said the Association will through this year’s Conference, demonstrate its resolve to break away from the perennial challenges and complaints of scanty or nonavailability of Conference materials. Prof Ajayi said this year’s Conference would strictly be by online registration, and conferees would receive their materials even before the opening ceremony commences. To actualise this, the Conference Planning Committee said it would discourage registration at the conference venue, by ensuring the lawyers pay much higher for onsite registration. Responding to a question on

the judgement of the Federal High Court annulling the Constitution of the Association and why the NBA is still carrying on with its activities, Mahmoud said, "the leadership is not in contempt of court by refusing to vacate office following a Federal High Court judgement nullifying the Association's Constitution", he said. Justice John Tsoho had declared the Association’s 2015 amended Constitution illegal for non-compliance with the Companies and Allied Matters Act (CAMA), and for not being registered with the Corporate Affairs Commission (CAC). The judge granted the plaintiff's reliefs, including an injunction restraining NBA and its officers from conducting the Association’s affairs on the basis of the Constitution. Mahmoud said the leadership was aware of the judgement, which nullified all NBA constitutions since 2001 and had engaged with members and NBA trustees on the way forward. He said the Association has appealed the judgement and asked for a stay of execution, and that a further meeting would be held with the trustees "to discuss the judgement and find a way around it". Mahmoud said: "In the meantime, the Bar Association has appealed that judgement, and there is also an application to set it aside on the ground

that the action was improperly constituted, the plaintiff having sued the wrong parties. "We think this is very disruptive, and we shouldn't allow it to distract us from what we are doing. "We understand the need to respect court judgements, but we've been advised that once we have filed an application for stay, we will not be technically in contempt of that judgement. “There is also another judgement which was brought to my attention, which says exactly the opposite about the NBA Constitution.These are part of the challenges which I think we should be able to overcome. "Hopefully we should build enough consensuses in the Bar to address these challenges," Mahmoud said. The NBA President while speaking with newsmen, urged members not to create the impression that the Association is in crisis. "We are not in crisis. We're trying to win the confidence of our colleagues, so that we can continue to do what is right," he said. Chairman of the Conference Planning Committee, Prof Ajayi, SAN, promised a "world-class" conference devoid of fisticuffs by lawyers, in trying to obtain conference materials. "We intend to have a confer-

ence that rivals or betters the International Bar Association Conference." He said the Committee hopes to raise between N750million and N800million for the Conference, adding that the event would be shown live to enable people participate from outside Lagos. Besides Eko Hotel which has been fully booked, he said breakout sessions will be held at venues on Corporation Drive in Ikoyi, with shuttle buses provided. Ajayi said the Association would subsidise the Conference fee for lawyers who cannot afford to pay, such as those in the Northeast whose chambers were bombed. Speakers, he said, will be drawn from the corporate world. "We want to move away from a lawyer-centric system to meet with those who need us but do not know that they need us. It'll be a world class Conference," he said. According to him, there will be an exhibition stand for “high paying enterprises” as against a mini-market as done in previous conference venues. NBA 2nd Vice-President, Monday Ubani, urged the Committee to allow small scale traders to sell at the conference, rather than shutting them out. "It can be better managed. We should not shut out the small scale enterprises," Ubani said.

NJC's Guidelines Followed in Appointing Judges to Lagos Bench - Judicial Service Commission Akinwale Akintunde Lagos State Judicial Service Commission has refuted a recent allegation by a human rights group, Access to Justice, faulting the recent appointment of judges to the Lagos State High Court Bench. The Commission, in a statement signed by its Executive Secretary, Mrs. Ayodele Odugbesan, said the procedure that led to the appointment of the judges was in strict compliance with the guidelines as laid down by the National Judicial Council (NJC). Access to Justice had in its statement, alleged that its fact-finding inquiry revealed that the procedure adopted by the Lagos State Judicial Service Commission, fell short of the mandatory standards and failed substantially to follow the NJC judicial appointment guidelines of 2014. The group stated that while it has nothing against the newly sworn in judges or against their individual merit, it has strong concerns about their appointment process. Reacting to Access to Justice's allegation, Lagos State Judicial Service Commission stated, "The Commission would have ignored this

unfounded allegation, considering the fact that the Judicial Service Commission both at the Federal and State levels, cannot unilaterally appoint any Judge without the supervision of the National Judicial Council. "However, the Commission is of the view that, it must set the record straight, in order that the public be not deceived by the claim of A2Justice "For the avoidance of doubt, the Judicial Service Commission does not appoint, but recommends Judges to the NJC, suitable persons for nomination to the position to the position of Judges of the State High Courts in line with Third Schedule Part 11(c) 1999 Constitution of the Federal Republic of Nigeria as amended. "To the best of our knowledge,the NJC does not only issue guidelines, but also supervises the full compliance to the letter, and no judge would eventually emerge except the said guidelines are strictly followed. "Hence the procedure that led to the appointment of the judges was in strict compliance with the guidelines as laid down by the NJC", the commission stated.

Renowned Artists Applaud AGF, NCC over MCSN Approval as Collective Society Akinwale Akintunde The Attorney-General of the Federation and Minster of Justice, Mr. Abubakar Malami, SAN, has been applauded by renowned musical artists in Nigeria, for his directive which has made Musical Copyright Society of Nigeria (MCSN) a collecting society, putting an end to long years of legal battle. MSCN Chairman, Orits Wiliki and Chairman of Entertainment of Nigeria,

TEE Mac, at a press conference held in Lagos last Wednesday, described the Attorney-General's action as welcome development, capable of addressing economic loss within the copyright sector. The renowned artists also commended the DirectorGeneral of the Nigerian Copyright Commission (NCC) for his role. Wiliki said the directive of the Attorney-General, flows from his powers under Section 50 of the Copyright Act and

as the Chief Law Officer of the Federation, as provided by the Constitution of the Federal Republic of Nigeria. He stressed that it was done with a view to doing justice in the copyright sector, and bringing the desired change to the sector, in line with the economic restructuring policy of the administration of President Muhammadu Buhari. He recalled that MCSN for many years has been denied approval to operate

as a collecting society, without any reason given. According to MCSN Chairman, the refusal had led to huge crisis in the sector and indeed, in the entire entertainment sector of the Nigerian economy, which had made the industry unable to contribute its own quota to the nation’s economy. Wiliki noted that the decision of the government came from a painstaking investigation and analysis of the past events in the sector

and the Copyright Act. "The entertainment sector in many democratic and advanced countries contributes not less than 25% to their various economies, while in Nigeria the sector was reduced to a beggarly sector, even with the huge popularity of Nigeria music, films and production (engendered by Nollywood). "It was really worrisome that a sector which should be basking in huge wealth, was given a grant of Two Hundred Million Naira, to be accessed

as loans by practitioners in the industry. "The decision and resolutions of the National Assembly in 2013 was also considered and they tallied with the findings of the Honourable Minister, before finally giving the directive. The course of due process was followed, as we came to realise that the NCC which was the Respondent to MCSN’s petition, was engaged by the Office

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18.04.2017

Kogi Chief Judge Assured of Establishment of Appeal Court Division in Lokoja Yekini Jimoh in Lokoja

The Chief Judge of Kogi State, Hon. Justice Nasiru Ajanah has assured members of the Nigerian Bar Association, that a division of the Appeal Court will soon be established in Lokoja. Justice Ajanah gave the assurance when four Chairmen of branches of the NBA in the State paid him a courtesy visit, to solicit for his support to enable the State get a division of the Appeal Court, for ease dispensation of cases. According to the Chief Judge, who

L-R: Front Row Nigeria Bar Association Chairman, Mr Emmanuel Haruna in glasses, Chief Judge of Kogi State, Justice Nasiru Ajanah and Hon. Justice Sunday Otu with other Lawyers after meeting at State High Court in Lokoja recently

RENOWNED ARTISTS APPLAUD AGF, NCC OVER MCSN APPROVAL AS COLLECTIVE SOCIETY CONTINUED FROM PAGE 5 of the Honourable Attorney-General of the Federation, to respond to the issues contained in MCSN’s complaint. In the final analysis, the Honourable Minister had to direct and insist that justice and equity be done. "We take this opportunity to express our deep appreciation and gratitude to the Federal Government led by President Muhammadu Buhari, and particularly to the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, who ensured that the change promised by the Government, reached the copyright sector and creators of intellectual property at large. "The decision will most certainly have a positive effect on the economy of the Federation, especially in the area of employment and wealth creation which will in turn, lead to appreciative earning to the national treasury. "The apprehension which has apparently made the sector remain a monopoly for these many years, would be proved to be unfounded just like we have experiences in Nigeria’s Telecommunication, Aviation, Broadcasting, Banking, Oil and other sectors, where monopoly was once the order of the

day. Monopoly has equally been found to be bad in democratic and developed/developing economies with copyright system, such as in the United States of America, which has not less than 6 big societies in the music sector alone (ASCAP, BMI, SESAC, HARRY FOX AGENCY, AMRA to mention 5); France has not less than 15 (SACEM, SDRM, etc); Britain has not less than 6 (PRS, MCPS, PPL, VPL, PERFORMERS’ SOCIETY, etc); Canada has 5 (SOCAN, SODRAC, CMRRA, etc); Austria (“a one-city country”) has 4; South Africa 3 (SAMRO, NORM, SARRAL in liquidation, etc); Mauritius with less than 3 million people has 2; Brazil has not less than 6; etc. If competition and liberalisation are good in these countries and many others, it would certainly be good in Nigeria, which remains the largest economy in Africa. "From MCSN’s experience, we can boldly join in the assertion that a positive and lasting change does not happen overnight, but with time and patience of the people of Nigeria, the change being worked on by the administration of President Buhari, will most certainly translate to reality", the MCSN

Chairman said. Tee Mac, while also expressing happiness on the approval granted MCSN by NCC, said the directive of the Attorney-General, which aims at liberalising the business activities of the sector, will create the desired income and wealth in the sector, which is presently contributing less than 2 per cent of the national GDP. According to him, before now, he could not collect some of his royalties from his overseas company, because they were only ready to deal with MSCN because of its previous contracts with over 2000 collecting agencies outside the country. Tee Mac said his banks in England insisted on the Copyright Society of Nigeria (COSON), which then had the sole approval go through MSCN to access his royalties, hence his inability to get royalties for his creative works over seas. He expressed happiness that with the resolution of the rift and subsequent approval granted MCSN, he can easily access his royalties, pay his tax, resulting in increased revenue to Nigeria. He added that, this single decision by the government will result in a dramatic change of events in the music sector.

stated that the issue of having a Court of Appeal has been on the front burner for a long time, lamented that the conditions given could not easily be met, especially in the current face of economic recession. He noted that part of the conditions were the provision of befitting court rooms and five blocks of houses for Judges accommodation, which he said had hindered the establishment of the Court in the State. The Chief Judge however assured the Chairmen that he would meet with the State Governor, Alhaji Yahaya Bello for a discussion, and urged the Committee to also extend a similar visit to the President of the Court of Appeal. While warning members of the bar to desist from unnecessary cause for adjournment of cases, the Chief Judge urged them to increase the affidavit levy from N50 to N100. Earlier , the leader of the Committee Mr Emmanuel Haruna, said that the four branches have been meeting periodically, and one of the issues that bothered them was how a Court of Appeal Division can be established in Lokoja to serve the people . According to him, the Committee was set up to liase with the AttorneyGeneral of the State and the Chief Judge, to renew the desire and quest for the establishment of the Court of Appeal in Lokoja. According to him "We are suffering, our clients are suffering and our cases have suffered set backs, when we have to travel all the way and all the time to Abuja, to attend to Appeal cases. "We are using this medium to solicit the support of the State Government and the Chief Judge of the State so that this plight of ours can be addressed once and for all."

Legal Personality of the Week Maimuna Momoh Esegine

‘A Good Lawyer Must Specialise To Make Maximum Impact’ I am Maimuna Momoh Esegine. A lot of my colleagues and contemporaries call me Muna Esegine. I studied law at Bayero University, Kano and obtained my LL.B in 1991. I was called to the Nigerian Bar in 1992. I have been a private legal practitioner since then, and currently the principal partner of Muna Esegine & Co. I have been an active Bar member since 2006 and served as Publicity Secretary of the Nigerian Bar Association, Ikeja Branch from 2012- 2014. Currently, I am the Secretary of NBA, Ikeja Branch and the first female to be so elected. I am married to Dr. Jonathan Esegine and we have three sons. Have you had any challenges in your career as a lawyer and if so, what were the main challenges? I have had a few challenges in my practice, Particularly in the area of potential clients not being confident enough to entrust one with their legal representation because of being a female. What was your worst day as a lawyer? My worst day as a legal practitioner

on behalf of my Principal, Prince Adetiloye of Legal Consortium, I was tongue tied for an appreciable length of time because of the anxiety and intimidation, because the other party was represented by Chief Gani Fawenhimi, SAN of blessed memory. The fatherly understanding and the kindness of the Judge saved the day for me. What was your most memorable experience? My most memorable experience was on the16th day of December 1992, the day I was called to the Nigerian Bar. I felt on top of the world, being admitted into the prestigious profession. Who has been most inﬂuential in your life? The most influential person in life is my mother, Madam Sherifat Momoh. Maimuna Momoh Esegine

was my first appearance before a Judge of the Lagos state High Court at Igbosere, during my NYSC in 1993. I was supposed to move a motion

Why did you become a lawyer? My Guidance Counsellor when I was in secondary school, who happened to be my father Mr. Mutana Momoh of blessed memory, was the first to spot my potential and planted the seed of my desire to become a legal practitioner.

Secondly, growing up then in Benin city, I watched a weekly programme called 'the Assizes', which setting was a court room and I admired the beauty of advocacy. What would your advice be to anyone wanting a career in law? My advice to anyone who wants to have a career in law, is that such a person must have a passion for the profession to be able to endure the rigours, and also to have a high sense of responsibility with the aim of using law to create a better society. To be a good lawyer, you can pick an area of interest, specialise and make maximum impact. If you had not become a lawyer, what would you have been? If I had not been a lawyer, I would have become a lecturer in English Literature. Where do you see yourself in ten years? In ten years time I hope to become a more accomplished legal practitioner and household name in Family Law, which is my area of special interest

18.04.2017

Fijabi Adebo Holdings v NBC Plc: Judicial Victory Like No Other Stephen Ubimago analyses the recent case of Fijabi Adebo Holdings Ltd & Anor v Nigerian Bottling Co. PLC (NBC) & Anor, arising from the Claimant's' exportation of Fanta, Sprite and Coca-Cola manufactured by NBC to the UK. On arrival in the UK, the Fanta and Sprite, not meeting the UK standards, were declared to be unfit for human consumption, and destroyed. Interestingly, the Claimant's' case instituted at Lagos High Court failed. Mr. Ubimago concludes his piece with some interesting posers

Dismissal of Claimant's' Case he case of negligence instituted by one Dr. Emmanuel Fijabi Adebo against the Nigerian Bottling Company Plc (NBC) before a Lagos High Court in Igbosere failed in all material particular. “In the final analysis, based upon the pleadings and evidence led in this case, the claim of the Claimants fails,” the Court, presided over by Honourable Justice Adedayo Oyebanji, ruled on February 15. The Court dismissed as baseless and unfounded in law and fact, the entire claims made against the ace soft drink manufacturer by the said Adebo, whose principal grouse was to the effect that due to NBC’s negligence, he and his company, Fijabi Adebo Holdings Ltd, also the 1st Claimant in the suit, incurred losses in terms of capital and expected revenue on that score. The loss, according to them, was occasioned by the fact that his export shipment of Fanta and Sprite drinks, ordered from NBC’s manufacturing plant in Apapa, were sequestrated and destroyed upon arrival in the United Kingdom, as the country’s food and drugs regulators had allegedly declared the consignment unfit for human consumption, having failed UK standards. Costs: An Amusing Twist But, in an amusing twist, the court refused to award costs against Adebo, despite his utter failure to discharge the onus of proving his case against NBC, and although the bottling company had, through their counsels, urged the court to dismiss Adebo’s claims with substantial costs for being “speculative, frivolous, and vexatious.” “I make no orders as to cost in favour of the 1st Defendant,” the Court ruled. It rather turned the heat against the 2nd Defendant in the suit, the National Agency for Food and Drugs Administration and Control (NAFDAC), against which it awarded costs in the sum of N2 million. “In consideration that this case was filed in 2008, and that it has been in court for nine years, costs of N2m is awarded against the 2nd Defendant,” the Court decided. However, observers contend that the court had descended heavily on NAFDAC not so much because it was negligent in its duties as a regulator, but because for the nine years the suit lasted, it failed to put up any appearance or defence, although it had been served originating processes, being 2nd Defendant in the suit. Adebo's Claims Adebo and his company made a number of claims, chief among which was NBC’s “negligent” manufacturing practice that allowed “high” levels of sunset yellow and benzoic acid in its Fanta and Sprite products, for which UK regulators had them destroyed, allegedly for being unfit for human consumption. They therefore averred that the manufacturer breached its duty of care to him as a customer, urging the court, on that account, to award general and special damages against NBC in their favour, and in the total sum of N165.1million. In this connection, the claimants tendered in evidence a letter dated April 4, 2007 addressed to him by StockPort Metropolitan Borough Council. “The Fanta Orange sample failed due to an excess in sunset yellow colour, and both samples failed for excessive levels of benzoic acid,” the Borough Council informed him. Aside from the sunset yellow additive, the benzoic acid

in particular, was shown to be 185-188 Mgl (as revealed in the Eurofin certified analysis), which was above the 150 Mgl permissible by the regulatory standards in the UK. Prima facie, therefore, Adebo's case looked good, not until NBC drove home the home-truth to the effect that the issue of “excessive” in respect of the said additives required important qualifications, because it was not so much a question of fact as it was more of a matter of jurisdictional standards simplicita. This therefore, raises the question: was Adebo himself negligent for failing to do due diligence in first determining from careful inquiry what UK jurisdictional standards stipulate as regards the level of benzoic acid permissible in soft drinks in that territory? Answering the question in the affirmative and short of berating him on that score, the Court stated: “In exporting consumables to other countries, I believe the Nigerian exporter has a duty to ascertain the quality acceptable in the country to which the export is intended, before the goods are exported. Failure to meet the standard in another country cannot be laid at the door-step of the manufacturer.” Whereas the tolerable limit for benzoic acid in soft drinks in the UK is 150 Mgl; in Nigeria it is 250 Mgl. This is even a long shot away from the tolerable limit of same set by the World Standards Organisation, which is 600 Mgl. NBC's Defence These important facts, which diligent inquiry could have afforded Adebo were not at his disposal when he undertook to experiment with export business. It is against this backdrop that NBC argued before the Court that, as a local manufacturer, its products are bespoke for the Nigerian market, not for overseas export, otherwise they would have taken that into account. They also maintained that they weren’t aware that the Claimants had intended their said products for export, although the latter had argued to the contrary. The manufacturer explained that just as NBC holds the franchise to manufacture Coca-Cola products for the Nigerian market, so are there other companies in different parts of the world, including the UK, that hold a similar franchise to manufacture Coca-Cola products, bespoke for their specific jurisdictions. NBC, therefore, maintained that their Fanta Orange and Sprite products, just like their other consumables, conform to global best manufacturing practice, while simultaneously being compliant to local regulatory standards, stressing that even NAFDAC had severally certified them as perfectly in order in these respects. Pleading the news report on this same case in the October 30, 2008 edition of The Guardian, NBC citied how NAFDAC, under the leadership of the inimitable Dr. Dora Akunyili, went to great lengths to allay any fears that its products were unfit for human consumption. In the said publication, NAFDAC did attest to the fact that the soft drinks in issue, had been found to conform to requisite standards in Nigeria. Besides, in a Court ordered test done in June 30, 2008 and April 4 of the same year on Fanta Orange and Sprite respectively by NAFDAC, the results that emerged are as illuminating as they were confirmatory. For Fanta Orange, the test result show 188.64 Mgl to be the level of Benzoic acid, compared to the permissible limit of 250 Mgl; while for Sprite, test result show the level of Benzoic acid to be 201.06Mgl, compared yet again to the permissible limit of 250 Mgl. As for the Sunset Yellow additive in Fanta Orange, no limit was set in Nigeria,

"FOR FANTA ORANGE, THE TEST RESULT SHOW 188.64 MGL TO BE THE LEVEL OF BENZOIC ACID, COMPARED TO THE PERMISSIBLE LIMIT OF 250 MGL; WHILE FOR SPRITE, TEST RESULT SHOW THE LEVEL OF BENZOIC ACID TO BE 201.06MGL, COMPARED YET AGAIN TO THE PERMISSIBLE LIMIT OF 250 MGL. AS FOR THE SUNSET YELLOW ADDITIVE IN FANTA ORANGE, NO LIMIT WAS SET IN NIGERIA, BY EITHER SON OR NAFDAC, GIVEN THAT IT IS GENERALLY REGARDED AS SAFE FOR HUMAN CONSUMPTION"

by either SON or NAFDAC, given that it is generally regarded as safe for human consumption. It is against this backdrop that in its statement of defence, NBC argued, “that it was not negligent in the manufacturing of its products as alleged, as stringent quality control procedures were adopted in its production process to ensure that its products are safe for the consumption of the final user. “The percentage of the chemical component in the 1st Defendant’s soft drink, particularly benzoic acid, was well within the prescribed limit for human consumption set by the 2nd Defendant. The Director General of the 2nd Defendant affirmed this position. “The first Defendant further avers that there is no national limit set for “Sunset Yellow” component of its Fanta Orange product by the 2nd Defendant and maintains that the content is not harmful to human health. “In recognition of its adequate precaution in the manufacturing, bottling and selling of the 1st Defendant's products, the 2nd Defendant, which is the highest regulatory body in Nigeria, had after intensive and rigorous inspections, issued Certificate of Registration for a period of five years to the 1st Defendant in respect of its products.” The point of interest in light of the foregoing, is that the court agreed in all respects with the averments and arguments of the 1st Defendant NBC. It therefore struck out the case of the Claimants for lack of merit. Posers However, despite NBC’s resounding victory in the instant suit, some important queries emerging from its tenor have continued to agitate the mind. One, did the UK authorities implicate the Sunset Yellow additive in Fanta Orange as being excessive,[CU1] simply in relation to the regulatory standard set for the UK, as indeed there is no proven, scientific link between the additive and any human ailment? Second, how come that a judgement delivered since February 15, did not reach the mass media until exactly a month later. And when it did, it was reported in such a way as to convey the notion that the judgement was against NBC, and in such momentum as to suggest a sinister propelling force? Third, how come that media report of same failed to convey the truth, that the court decided the subject-matter of the suit, namely the claim of negligence against NBC, in its favour, while dismissing Claimants’ claim for lacking merit. Lastly, was the learned trial judge right in berating NAFDAC as failing in its regulatory duties, simply because the regulator certified as satisfactory for human consumption products which in the United Kingdom, were found to be non-compliant with the UK’s jurisdictional standard, although fully compliant with the international food safety standards? Stephen Ubimago, Legal Practitioner, Lagos

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Death of Innocents at Queen’s College: Crime of Involuntary Manslaughter Nigeria's premier girls only secondary federal institution, Queen's College, Yaba, Lagos (founded in 1927), has in the past few weeks witnessed a myriad of deaths of its students, resulting from the extremely poor sanitary conditions in the school. Chidi Anselm Odinkalu, in this article, discusses the needless epidemic which can best be described as a crime of involuntary manslaughter. He also points out the fact that these unsanitary conditions exist in most State and Federal Institutions, and proffers solutions to prevent the reoccurrence of such a tragedy

Bright Future Cut Short: Vivian, Bithia and Praise n Friday, 7 April, 2017, at Atan Cemetry, in Yaba, Lagos, a sizeable community of sympathisers attended the burial of Praise Sodipo. Praise was in her first year of Senior Secondary School (SS-1) at Queen’s College (QC), also in Yaba. She was 14 years old when she died at the Lagos State University Teaching Hospital (LASUTH), where doctors had battled for weeks to save her from an infection contracted from the school premises. Before Praise, Vivian Osuinyi and Bithia Itulua, also students of Queen’s College, had died respectively on 15 and 22 February, 2017, also from similar causes. Praise’s death brought to three, the number of QC students buried in less than two months. There are rumours that the number of deaths could indeed be higher. History of QC Queen’s College is the oldest girls-only public school run by the Federal Government of Nigeria. Established in 1927 as a complement to the older Kings College, also in Lagos, QC is one of the 104 Unity Schools in Nigeria. It was established as an elite school for instruction in values, character and skills. Like much of the rest of the country, however, this underlying mission of the school has become a victim of the Nigerian condition. The avoidable deaths of these children, is the latest evidence of this crisis of geometrical deterioration. It is also an opportunity, if those concerned, could bother to care. Sanitary Crisis The sanitary crisis in Queens College has its origins in the history of the evolution of the school somewhat. At its establishment 90 years ago, QC sat on premises meant optimally for about 95 children. With a student population now at about 4,000% of this, the school has a congestion ratio that easily outstrips the worst cases of prison congestion anywhere around. As is evident from the death of these children, it is also exhibiting pathologies associated with the worst cases of prison congestion. How children sent to a supposedly elite school, ended up in a place much worse than the worst prisons in the country should be a matter of utmost public and policy concern. Underlying this congestion crisis, is a perversion of standards of merit-based admission

into these schools, itself implying that, admission processes have become a private revenue stream for school management and officials of the Federal Ministry of Education that should oversee them. This is the origin of a tale of multi-layered criminal mis-conduct and corruptions without which it is impossible to understand how we have ended up with the death of school children in circumstances that suggest evident criminal negligence at the very least. In reality, what has happened to these children at Queens College is homicide, because it is manslaughter.

care personnel in the school were overwhelmed. Their clinical and pastoral capabilities were stretched beyond anything they could deal with. The school Management knew very well about this. They also knew that the Sick Bay was not established for this kind of emergency. At this time, the school Management and the leadership of its Parents-Teachers Association (PTA), well knew or had reason to know or suspect that the cause of the problem was the water situation in the school. On or about 1 February, the school, as a temporary measure according to them, indicated that they were shutting down the water source in the school as it was contaminated and, instead, decided to issue the students 20 bags of sachet water each from the water factory (Queens Delight) sited within the school premises. It was suggested that samples of the water in the school had been taken for laboratory testing. On 5 February, the then Principal, Dr. Lami Amodu, addressed a PTA meeting at QC and claimed that the outbreak of stooling and vomiting among “a few students was reported and it was quickly handled; only a handful of students stayed beyond a day in the sick bay and that it was a result of the beans they ate the previous day.” Virtually

A Plague of Biblical Proportions This is a background to the immediate crisis at Queen’s College. On or about 30 January, 2017, a concerned parent informed the school community that the sewage management system in the school was blocked and unsanitary. This triggered a flood of complaints from other parents, many of whom indicated that their daughters had reported or presented with various forms of infection of different parts of the body. These included skin (dermatological), vaginal (gynaecological), and abdominal (gastro-intestinal) infections, which they linked to the unsanitary conditions in the school. It was as if the school was under the spell of a plague of Biblical proportions. Cover Up by Principal, QC The state of sanitary conditions in the school were not new. The QC Old Girls Association (QCOGA), had called attention to it consistently in the past few years. Rather than have it addressed, the school management set upon a strategy of advertising the Old Girls as harbouring a Nigerian form of ill-will towards them. The result was a circular from the Federal Ministry of Education purporting to banish Old Students generally from the premises of their schools. The then QC Management took this as the alibi they needed to seek to exclude the Old Girls from oversight of its activities. Parents who sought to run a WhatsApp platform to mutually inform themselves of what was going on in the school, were required to shut down the platform or have their children excluded from the school or its boarding facilities. Instead of insisting on their entitlement to truth and to free expression, most parents chickened out of doing the right thing in defence of the best interests of their children. There are more than a few culprits in this tragic tale and between them, there

everything she said was factually inaccurate. The number of students that took ill was more than a few; the outbreak was not recent; the school had done very little about it, students were chronically ill and losing weight and the health situation in the school was becoming alarming to all but Dr. Amodu and her bosses at the Education Ministry. The parents who knew better muted their protests for fear of having their children excluded from an elite school or being de-boarded. Dr. Amodu equally claimed that she had asked the catering personnel not to give beans to the children again and told the parents that, in any case, they should expect such things in a place with many children. Then, at a time when she should have been seeking all the help in the world, Dr. Amodu, as Principal, announced measures instituted by her to curb contacts between parents and their children, many of whom were ill. In particular, she said that management had warned “students and staff never to call parents when children are sick. If they do, they shall be de- boarded. The staff of QC were seriously warned not to permit any child to use their phones to contact parents.” The school run by Dr. Lami Amodu was not just unable to look after the children in its care; it was also

"NOT TO PUT TOO FINE A POINT ON IT, THE CHILDREN HAD BEEN FED A STEADY DIET OF HUMAN FAECES FOR A LONG TIME BY A MANAGEMENT EMPLOYED TO LOOK AFTER THEM"

unwilling to do so. A Crime of Involuntary Manslaughter Less than two weeks later, Vivian Osuinyi was dead, the first confirmed fatality from the crisis. On the day the school broke for mid-term, on 22 February, the

"UNDER SECTION 222(2) OF THE CRIMINAL LAW OF LAGOS STATE (2011), WHERE QUEEN’S COLLEGE IS LOCATED, THIS MEETS THE STANDARD FOR THE HOMICIDE OF INVOLUNTARY MANSLAUGHTER. THE PUNISHMENT FOR IT UNDER SECTION 227 OF THE SAME LAW IS LIFE IMPRISONMENT. THERE IS NO OPTION OF FINE"

second child, Bithia Itulua, died. The day after, on 23 February, the Minister of Health, Professor Isaac Adewole, detoured through QC while he was in Lagos. In a release he issued later in the day, the Minister reported that “according to the school’s Nurse, no student was admitted at the sick bay for any diarrhoea disease prior to the commencement of the mid-term break

Dr. Lami Amodu, Principal Queens College

is a lot of blame to share. By the end of January 2017, the Sick Bay in the school, a facility that exists to provide mostly basic and preventive care to children, was reportedly full of ill and unwell children. All of them complained of similar ailments, presenting with symptoms of stooling, vomiting, fever, vaginal and various skin infections. The health

Professor Isaac Adewole, Minister of Health

Late Bithia Itulua

Late Praise Sodipo

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18.04.2017

DEATH OF INNOCENTS AT QUEEN'S COLLEGE: CRIME OF INVOLUNTARY MANSLAUGHTER CONTINUED FROM PAGE 9

Adamu Adamu, Minister of Education

yesterday (22nd February, 2017).” As with much of the information put out by the School Management on this crisis, this particular piece of information to the Minister was also untrue. Contemporaneously with the Minister’s release, the Principal issued a message to the PTA community blaming undisclosed “enemies of the school”, for information about the health and sanitary situation in the school, saying “there is no epidemic, epidemic is when three-quarters of the population has died!” Around the same day, a Vice-Principal reportedly complained: “we are looking after 2,800 students and we are being crucified because two die”. The Chair of the PTA, under instruction from the school Management, was quoted in several media outlets in support of the position of the Management. The Federal Ministry of Education, amidst all this carnage, kept schtum! Sicknesses Meanwhile, students were falling ill faster than any medical facility could cope with. As it turns out, in two months since January 2017, over three 1,300 students would be hospitalised with symptoms of diarrhoea, vomiting, skin ailments, high fever, serious vaginal infections or a mix of several of these. Independent laboratory analyses would later show that the water sources in the school were contaminated by different forms of E-Coli and Salmonella, infecting the children with several serious ailments, including, in particular, encephaliticTyphoid Fever. 23 of 40 kitchen workers and food handlers in the school tested positive for Amoebiasis; another three reported positive for Salmonella and another was positive for Tape-Worm. It became clear from the analyses that the boreholes that provide principal sources of water for the school, were too close in proximity to the sewage system which had contaminated them. Not to put too fine a point on it, the children had been fed a steady diet of human faeces for a long time by a Management employed to look after them. A water factory built in the school to provide water to the children, was

Suleiman Adamu, Minister of Water Resources

reportedly converted by Management or under its watch to selling the water to them. Gross Negligence, Reckless Disregard for Human Life It gets worse: the same QC Management, fully cognisant of the facts, denied them consistently, mis-led education and public health authorities, and used its powers to preclude the children from summoning help when they needed it. These facts add up to the standard of “gross negligence or reckless disregard for human life.” Under Section 222(2) of the Criminal Law of Lagos State (2011), where Queen’s College is located, this meets the standard for the homicide of involuntary manslaughter. The punishment for it under Section 227 of the same law is life imprisonment. There is no option of fine. Snatching Opportunity from the Jaws of Tragedy There is good reason for the seriousness with which Lagos State views such crimes: the right to life is the basis of all rights, and the life of children is the guarantee of future generations. In a country in which a Governor – no less – believes that Meningitis is God’s punishment for fornication, we are likely to respond to the avoidable death of these innocent children with more prayer and fasting. The likelihood that anyone will be held to account for what has transpired at Queen’s College, is low. Unsanitary Conditions Exist in

Most State and Federal Schools Yet, this is precisely the opportunity needed to address the adverse sanitary and health conditions in Nigeria’s schools, which stunt the intellectual and physical growth of children and result in avoidable health hazards of death as in this situation. Far from being unique, the situation at QC reflects the sad state of public schools around the country, and the terrible fate of children caught up in them. QC may have caught public imagination because of its history and location. But, around the same time, in Government Secondary School, Fannah in Suru Local Government Area of Kebbi State, four students also died from an outbreak of infectious diarrhoea linked to sanitary conditions in the school. Similar situation of mass infection from underlying poor sanitation exist in most public schools across the country operated by both Federal and State Governments. The Way Forward This is where a partnership is needed between government at all levels, both State and Federal, and involving the Ministries of Health, Water Resources and Education. So far, the Federal Ministry of Health, which appeared interested in this situation, seems to have derailed or got busy elsewhere. The Federal Ministry of Education has been missing in action and the Federal Ministry of Water Resources would, justifiably, only take the lead from these other two lead

"QC MAY HAVE CAUGHT PUBLIC IMAGINATION BECAUSE OF ITS HISTORY AND LOCATION. BUT, AROUND THE SAME TIME, IN GOVERNMENT SECONDARY SCHOOL, FANNAH IN SURU LOCAL GOVERNMENT AREA OF KEBBI STATE, FOUR STUDENTS ALSO DIED FROM AN OUTBREAK OF INFECTIOUS DIARRHOEA LINKED TO SANITARY CONDITIONS IN THE SCHOOL"

Ministries. The only entity to have emerged from this tragic episode so far with any credit is the Lagos State Government, which stepped in to advice against the re-opening of the school in the face of this crisis. Under pressure, the school acquiesced reluctantly to defer re-opening after its mid-term. In addition to these departments of Government, there are three others whose voices and skills are now needed. First, there is reason to invite the police to investigate the circumstances of the death of these children, with a view to determining whether or not charges of involuntary manslaughter or negligent homicide are not made out under the Criminal Law of Lagos State. Those found culpable should get their day in court to defend themselves. Children sent to school to learn don’t just die like this without someone being held to account. Second, while this is going on, the Chief Judge of Lagos State could usefully consider convening a Coroner’s Inquest into the death of the Queens College Children. Third, as these steps proceed, the Office of the Senior Special Assistant to the President on the Sustainable Development Goals (OSSAP-SDGs), could become a rallying point for mobilising system-wide intervention on sanitation and health in public schools. The SDGs create aspirations towards zero-hunger, good health and well-being, quality education and access to clean water and sanitation in SDGs 2, 3, 4 and 6 respectively. These can easily form a programming charter for the OSSAP-SDGs on a scalable model involving partnerships with other government departments, private sector, philanthropies and old students. This is the only way to guarantee that the underlying cause of the death of these innocent children – a society that does not care for much besides the subsistence and vanities of those that run it for the time being – is addressed and their souls can find peaceful rest. Prof Chidi Odinkalu, Immediate Past Chairman of National Human Rights Commission, President -General of the Unity Schools Old Students Association (USOSA)

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Contributions to Investors’ Protection Fund and the Fraudulent Preference Risk Dr. Kubi Udofia's discusses the Investors Protection Fund (IPF), which was established to compensate investors who suffer financial losses resulting from several factors, including insolvency or negligence of any dealing member firm. The article places some emphasis on the sources of the IPF, and Insolvency law's rule against fraudulent preference

Introduction nvestors’ Protection Fund(IPF) is a quasi-insurance scheme which securities exchanges and capital trade points in Nigeria are required to set up pursuant to section 197 of the Investments and Securities Act, 2007. The primary aim of investors protection funds, is to compensate investors who suffer financial losses resulting from (i) insolvency or negligence of any dealing member firm, and (ii) embezzlement of securities, money or property in the custody of any dealing member firm or any of its directors, officers, employees or representatives in relation to securities, money or property in the course of its business as a capital market operator: sections 198, 204(a) and 212(b) of the Investments and Securities Act, 2007. In 2012, the Nigerian Stock Exchange (NSE) created its investors protection fund with a seed capital of about NGN625 million. There are eight sources of funds for an IPF, one of which is monies by dealing member firms: sections 202(a) and 209 of the Investments and Securities Act, 2007. Accordingly, Rule 3.02 of NSE’s Investors Protection Fund Rules 2013 (IPFR) requires dealing members to contribute (i) NGN1 million prior to the acquisition of a dealing membership licence, (ii) NGN1 million prior to a dealing member firm’s acquisition and (iii) an annual premium. Dealing members may also be levied where there is deficiency of funds in the IPF. Insolvency law’s rule against fraudulent preference The rule against fraudulent preference under section 495 of Companies and Allied Matters Act, 2004 (CAMA) and section 46 of the Bankruptcy Act, 1979, aims at reversing transactions between an insolvent company and a creditor which were effected within three months prior to the commencement of formal insolvency proceedings, with a view to preferring the creditor. Accordingly, for a transaction or payment to constitute a fraudulent preference, the following factors must be established: (i) a factual preference, (ii) the preference must have been given with a view to prefer the creditor, and (iii) the preference must have been given within three months before the commencement of formal insolvency proceedings. The rule against fraudulent preference reinforces the wellestablished pari passu principle of insolvency law, which is to the effect that similarly situated creditors must be treated equally. The rule against fraudulent preferences also plays an anti-deprivation role by preserving the assets of insolvents from diminution. Given that the rule operates retrospectively, preferential transactions which are not vulnerable at the time they are made, may become tainted by a subsequent commencement of formal insolvency proceedings. Conversely, in the absence of formal proceedings, such transactions will remain valid and enforceable.

Contributions to Investors Protection Fund in the vicinity of insolvency Where contributions are made by a dealing member firm to the Investors’ Protection Fund within three months prior to the commencement of the dealing member firm’s insolvency proceedings, such a contribution will clearly constitute a “factual” preference. The rule against fraudulent preference does not invalidate mere factual preferences, but preferences actuated with a view to prefer a creditor or group of creditors: Sharp v Johnson (1899) AC 419 at 421. In the case of New, Prance & Garrard’s Trustee v Hunting (1897) 2 QB 19 at 27, the word “view” in section 48 of the old English Bankruptcy Act 1883 (which is similar to section 46 of the Nigerian Bankruptcy Act, 1979) was equated with “intention” or “object.” Accordingly, to establish fraudulent preference, it has to be shown that the intention or object of a payment, transfer or transaction was to place the creditor in a better position than it would have been in an insolvent winding up proceedings. Under section 198(a) of the Investments and Securities Act, 2007, one of the two objects of the Investors’ Protection Fund, is expressed as being to compensate investors who suffer pecuniary loss arising from the insolvency of a dealing member firm. This clearly constitutes a preferential treatment of those investors who are indisputably unsecured creditors. Instructively, it is inconsequential that payment is not made directly to investors. It suffices that investors are the ultimate beneficiaries, and the insolvent dealing member firm has “suffered” (i.e. permitted) the payment from its estate. Assets in the IPF are to be kept in a separate bank account pending investment: section 203 of the Investments and Securities Act, 2007, Rule 3.03 of IPFR. It appears that this provision seeks to create a trust so as to ring-fence and protect such funds. However, it is highly doubtful if this trust can effectively shield contributions made to an Investors’ Protection Fund, where the contributing dealing member firm is in the vicinity of insolvency. First, the monies contributed to the fund will be from the insolvent dealing member firm’s estate. Second, the rule against fraudulent

"INVESTORS’ PROTECTION FUNDS HAVE THE POTENTIAL OF BOOSTING INVESTORS’ CONFIDENCE, AND ACCELERATING THE GROWTH OF NIGERIA’S CAPITAL MARKET"

preferences under section 46(1) of Bankruptcy Act 1979 covers payments in favour “of any person in trust for any creditor.” It is suggested that the trust device would have been more effective (at the commencement of insolvency proceedings) if dealing member firms were required to pay monies received from investors into the separate bank account. In this latter scenario, the investors would be (regarded as) beneficiaries of the trust and not creditors: In re Kayford Ltd (1975) 1 WLR 279 at 281. Conclusion Investors’ Protection Funds have the potential of boosting investors’ confidence and accelerating the growth of Nigeria’s capital market. However, a contribution by a factually insolvent entity may constitute fraudulent preference, with the consequence that such payment may have to be disgorged for the benefit of the general body of the dealing member firm’s creditors. As part of ongoing efforts towards revising Nigeria’s insolvency laws, the Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) has recommended for an increase in the vulnerable preference period from the present three months to six months for non-connected persons, and two years for connected persons. If this recommendation is implemented in a revised legislation, it will increase the risk of contributions to Investors’ Protection Fund constituting fraudulent preferences. Accordingly, as is the practice in some jurisdictions, policy/lawmakers need to consider expressly excluding important capital market rules, transactions and arrangements from the ambit of our insolvency law. This will ensure certainty of these transactions and obviate the need for future and unnecessary litigations over these issues. A proactive legislative intervention will also safeguard the validity of capital market arrangements, prevent systemic risks and enhance efficient functioning of Nigeria’s capital market. Dr Kubi Udoﬁa, Insolvency Law Expert, Head of Corporate and Commercial Law Practice Group, Fidelis Oditah & Co., Lagos

Court Resolves 10 Years Land Dispute Case in Favour of Defendants Akinwale Akintunde An Ikeja High Court has restrained one Bamidele Jemiyo, the Claimant in a disputed land suit, from trespassing on a parcel of land, situated along the Lagos-Epe express road, close to Chevron Headquarters. Justice Kazeem Alogba in his judgement, also declared the Defendants, Mr. Atiku Abogun and Chief Semiu Abogun, the persons entitled to the right of occupancy on the said disputed two plots of land measuring approximately 1385.629 square metres. The judge in his decision said the Claimant through her counsel, I. Takuro, failed to prove that she is the rightful owner of the land in dispute, while the Defendant's counsel, Ebun Adegboruwa, proved their case beyond reasonable doubt. The Claimant, Bamidele Ejemiyo instituted the case in July, 2007 seeking a court declaration that she is the person entitled to the right of occupancy to the disputed two plots of land. Amongst other reliefs, she also sought an order of perpetual injunction restraining the Defendants, either by themselves, their servants or agents, from trespassing or further trespassing on the disputed land.

At trial, the Claimant testified for herself, wherein she laid claim to ownership of the land in dispute more particularly delineated in Survey Plan No ISO/LA/42B.83 dated November 18, 1983, which originally belonged to Justice Anthony Aina Michael Ekundayo and Mrs. Margaret Modupe Ekundayo, by virtue of a Deed of Assignment dated March 21, 1992, executed in their favour by the accredited representatives of the Ojomu Chieftaincy Family of Ajiran. She testified that the said family had from time immemorial been in exclusive possession and control, as owners of the said land, and have exercised maximum acts of ownership without let or hindrance from anyone in respect of the entire area at Igbo Efon in the Eti-Osa Local Government Area of Lagos State, which title had been confirmed by several court judgements and the Lagos Offical Gazette No. 24 Vol. 27 date June 23, 1994. The Claimant said upon purchase of the two plots of land in dispute, she was issued a Purchase Receipt dated May 22, 1995, by Justice and Mrs. Ekundayo. According to her, she took possession of the land, erected a fence round it with two big gates, and remained in undisturbed possession until sometime in 2005 when the 1st Defendant, Atiku Abogun,

encroached on the land which she reported to the 2nd Defendant, Chief Semiu Abogun, who was the Village Head of the area then. She said the 2nd Defendant perused her title documents, confirmed same, but still requested that she paid the 1st Defendant some money, to allow peace to reign. She added that she also paid another N100,000 to the Land Administrator of the Ojomu Family. In his testimony during trial, Chief Atiku Abogun, the 1st Defendant, told the court that the land in dispute was situate within the Igbo Efon Community, and belonged to it, having been in undisputed possession since time immemorial. Atiku stated that neither the Claimant nor her predecessors in title, had ever exercised any right of ownership or been in possession of the land, adding that the Defendants had no structure on the disputed land nor any dealing with the Claimant. The Defendant also explained that, he never broke into or destroyed any fence or gate on any land of the Claimant. Atiku also debunked the sale of any land in Igbo Efon to the Claimant or her vendors, as well as any title of the Ojomu Chieftaincy Family over any land in Igbo-Efon, as the family had no land there.

He explained that the Ojomu Chieftaincy Family is an illegal and unregistered entity, engaged in preparing spurious layout plans to grab lands belonging to other communities, through acquisition and other excision by Lagos State Government. But Justice Alogba in his judgement, said he observed that none of the exhibits tendered by the Claimant showed that the land in dispute being claimed by her, was purchased from the Ojomu Cheftaincy Family as she could not show any grant from the Ojomu Chieftaincy Family or one to her vendors. The judge said the Claimant failed to prove that the Defendants were customary tenants of Igbo-Efon land or that same was owned by the Ojomu Chieftaincy Family. "Having failed to prove her root of title, the identity of the land she's claming, the Claimant failed to prove any entitlement to the declaration of title she sought in the case. "Her claims for perpetual injunction and damages must also crumble, being consequential reliefs that can only be granted if her claim for declaration of the title succeeded. "All the claims of the Claimant are hereby, dismissed in their entirety for lack of proof as required by Law", the judge ruled.

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18.04.2017

Kogi: Gov Bello, Supreme Court and Windmills of the Gods Yisa Eneyiramoh, in his article, discusses the Bill passed by the Senate to amend the Electoral Act, 2010, consequent upon the death of late Prince Abubakar Audu, APC Kogi State Gubernatorial candidate, which occurred before the election was concluded; and its impact on the election, examining the judgement of Hon. Kekere-Ekun, JSC in the case of Faleke v INEC & Yahaya Bello, which was instituted as a result of the vacuum created by Audu's death “We are all victims, Anselmo. Our destinies are decided by a cosmic roll of the dice, the winds of the stars, "the vagrant breezes of fortune that blow from the windmills of the gods.” - H.L. Dietrich

Death of Prince Audu n March 30, 2017, Senate passed a Bill to amend the Electoral Act, 2010, including a proposed legislative remedy for the perceived mischief or ambiguity caused by the death of a candidate after the commencement of elections, and before the declaration of a winner by INEC, as was the case during the Kogi gubernatorial election. In other words, it is a legislative response to the judgement of the Supreme Court in SC.648/2016; otherwise called Faleke v INEC & Yahaya Bello. The Amendment directs INEC to suspend the election for 21 days, and the party whose candidate died be given 14 days to conduct another primary to choose a new candidate, while INEC shall continue with the election, announce the final results and declare a winner. Analysis of FALEKE v INEC & ANOR While giving reasons for dismissing the appeal filed by Hon. James Abiodun Faleke at the Supreme Court against judgement of the Court of Appeal sitting in Abuja, Justice K.M.O. Kekere- Ekun of the Supreme Court had this to say: This appeal was heard on Tuesday, 20th September, 2016. On that day I dismissed the appeal and promised to give my reasons for so doing today, the 30th September, 2016. It all began when in preparation for the Kogi state Governorship Election scheduled for November 21, 2015, the All Progressive Congress (APC) held primary elections on August 29, 2015 to choose its flag bearer. Several members of the party, including the late Prince Abubakar Audu and the incumbent Governor Yahaya Bello, contested the said primary whereat the late Prince Abubakar Audu emerged the winner while Gov. Yahaya Bello came second. The appellant herein (Faleke) did not take part in the primary election. Having won the primary election, the late Prince Audu nominated the appellant, Faleke as his running mate and both names were submitted to the INEC, the 1st respondent herein, by the APC as its candidates for the governorship election. The election was held as scheduled on 21/11/2015. At the close of the polls, the late Prince Audu/Faleke ticket was leading with 240,867 votes while the PDP was in second place with 199, 248 votes. However, as a result of certain electoral malpractices discovered to have occurred in 91 polling units, the 1st respondent (INEC), relying on its Manual for Election Officials (updated version) by a Public Notice issued on 22nd November, 2016, declared the results of the election inconclusive, on the ground that the total number of registered voters in the disputed 91 polling units where elections had been cancelled, which was 49,953, exceeded the margin of votes between APC and the PDP, which was 41,353 votes and could therefore affect the final outcome of the election. Unfortunately, Prince Abubakar Audu passed on, on 22nd November, 2015 before the conduct of the supplementary election. The news of his demise was communicated to the 1st respondent (INEC) vide a letter dated 23rd November, 2015. By a letter dated 24th November, 2015, INEC requested the APC to substitute the deceased with a suitably qualified candidate. The APC substituted the deceased with the 2nd respondent, Yahaya Bello, who had come second in the party’s primary and notified the 1st respondent-INEC accordingly. The supplementary election took place on 5th December, 2015 in the 91 polling units. The APC, with the 2nd respondent as its new candidate, scored 6,885 votes as against 5,363 votes scored by the PDP, its closest rival. The votes were added to the votes earlier scored by the respective parties on 21st November, 2015, and the 2nd respondent was declared the winner of the election and returned as the duly elected Governor of Kogi state. Faleke’s petition at the election tribunal and subsequently on appeal, was anchored mainly on the construction of Sections 179(2) and 181 (1) of the 1999 Constitution as amended. He specifically asked the Supreme Court to declare that Yahaya Bello could not rightly appropriate the votes cast for the joint

Late Prince Abubakar Audu

ticket of the late Prince Abubakar Audu and himself at the Governorship election of 21/11/2015. However, Justice Kekere-Ekun held that Sections 179(2) and 181 (1) of the Constitution are not self-executing. ‘’There must be a declaration or return of a candidate as the winner of an election before the sections becomes applicable, and to hold otherwise, would lead to a situation where anyone could declare himself as the deemed winner of an election, which would certainly lead to anarchy. ‘’....there was no declaration or return of any of the candidates who participated in the election of 21/11/2015 as winners having regard to the declaration of INEC that the election was inconclusive’’, Justice Kekere-Ekun maintained. ‘’Having discovered electoral malpractices in 91 polling units in the State, it was proper for the 1st respondent- INEC to consult and apply the provisions of its Manual to determine the next course of action in the circumstances. I do not agree with Chief Olanipekun, SAN, with due respect, that to resort to its manual amounted to a flagrant disregard of the supremacy of the constitutional provisions as contained in Section 179 (2). Justice Kekere-Ekun said Chapter 3 paragraph 3.11, step 14 of the Manual for Election officials (updated version) at page 325 of volume 1 of the record provides that the State Collation/ Returning Officer for the Governorship for the ’’Final Collation and Declaration of Governorship Election at state level shall: Step 14 : ‘’Where the margin of win between the two leading candidates is not in excess of the total number of registered voters of the polling unit(s) where elections were cancelled or not held, decline to make a return until another poll has

"’IT FOLLOWS THEREFORE, THAT AS THE APPELLANT (FALEKE) AND PRINCE AUDU WERE NOT RETURNED AS DULY ELECTED, THERE WAS NO BASIS FOR THE APPLICATION OF SECTION 181 (1) OF THE CONSTITUTION, WHICH ALLOWS A DEPUTY GOVERNOR ELECTED WITH A DULY ELECTED GOVERNOR, TO STEP INTO THE GOVERNOR’S SHOES IN THE EVENT OF DEATH OR ANY OTHER FACTOR, LEADING TO HIS INABILITY TO SUBSCRIBE TO THE OATH OF ALLEGIANCE AND OATH OF OFFICE’’"

taken place in the affected polling unit(s)...’’ ‘’The provision is clear and straight forward and did not require a foray into any other provisions in the Manual for it to be effected. There is no dispute as to the fact that the margin between the votes scored by the late Prince Audu and the appellant (Faleke) on the one hand, and Capt. Wada and Mr. Awoniyi, on the other hand was 41,619, which was less than the total number of registered voters in the 91 polling units where votes were cancelled. I therefore, agree with the court below that the 1st respondent- INEC was correct to have declared the election inconclusive on the basis of the number of registered voters in the 91 affected polling units’’. For any electoral officer to base his consideration on the number of registered voters who had collected their PVCs or the geographical spread of the votes already cast, the learned jurist said, would have been wrong. ‘’Neither the court nor learned counsel is entitled to read into provision what it does not contain’’ ‘’The election conducted on 21/11/2015 was inchoate, until after the conduct of the supplementary election of 5/12/2015 which brought the entire process to conclusion. ‘’It follows therefore, that as the appellant (Faleke) and Prince Audu were not returned as duly elected, there was no basis for the application of Section 181 (1) of the Constitution, which allows a Deputy Governor elected with a duly elected Governor, to step into the Governor’s shoes in the event of death or any other factor, leading to his inability to subscribe to the Oath of Allegiance and Oath of Office’’. ‘’It must be remembered that the appellant and the 2nd respondent are both members of the APC. I agree with the concurrent findings of the two lower courts that by virtue of Section 221 of the Constitution and Section 137 (1) of the Electoral Act, the APC being the party which would be declared the winner in the event of their success at the polls as per AMAECHI v INEC (supra), the said APC had a legal interest in the votes cast on 21/11/2015, and was entitled to substitute a candidate of its choice to contest the election to the conclusion. I agree with J.B.Daudu, SAN, that the votes garnered by the Prince Audu/Hon Faleke ticket on 21/11/2015 were votes garnered on behalf of the political party and therefore, the issue of transfer of votes did not strictly arise, Justice Kekere-Ekun held. In the same vein, Justice Nwali Sylvester Ngwuta who read lead judgement in the appeal No. SC. 674/2016 between CAPT. IDRIS ICHALLA WADA & 2 ORS v YAHAYA BELLO & 2 ORS, also dismissed it, saying it lacked merit. Justice John Inyang Okoro who read the lead judgement in Appeal No. SC.689/2016, that is Labour Party v Yahaya Bello, dismissed it too; just as Justice Musa Dattijo Muhammad, in appeal No. SC,687/2016, filed by African Democratic Congress (ADC) v Yahaya Bello and two others dismissed it; concluding that ‘’the incompetent appeal is resultantly struck out’’. Following the Supreme Court judgement on 25th October, 2007, in the Amaechi v Omehia appeal, in which the apex court declared the substitution of Amaechi as illegal, null and void and of no legal efficacy, consequently, ordering removal of Omehia and swearing in of Amaechi, the Senate amended the Electoral Act and introduced Section 141 into it; stating that, ‘’An election tribunal or court shall not under any circumstance declare any person a winner of an election in which such a person has not fully participated in all the stages of the said election’’. Amaechi had scored 6,527 out of the total votes of 6,577, while others scored 28, 10, 6 and 4 respectively, in the PDP governorship primary in Rivers state against 2007 elections. PDP substituted him with Celestine Omehia who didn’t participate in the primary, but won the governorship election. Amaechi sought redress in the courts and the apex court sent Omehia packing. In the same manner, reactions against the Supreme Court decision affirming Alhaji Yahaya Bello’s governorship, prompted the federal legislature setting to amend Electoral Act ‘’to fill in the gap’’; which to a substantial extent, has not rubbed off the principles in Supreme Court judgement in the Faleke v Bello case. But for now, the governorship of Yahaya Bello, highly scripted and acted by nature at its best; and akin to a dice of fortune tossed from the windmills of the gods, remains, just as Amaechi remained for eight years. Yisa Eneyiramoh, Legal Practitioner, Ebiya, Ajaokuta

18.04.2017

THE FEDERAL REPUBLIC OF NIGERIA FEDERAL MINISTRY OF INDUSTRY, TRADE AND INVESTMENT (FMITI) GROWTH AND EMPLOYMENT (GEM) PROJECT CREDIT No. 4882-NG.

CALL FOR PROPOSALS (CFP) FOR INNOVATION HUBS UNDER THE INNOVATIVE MARKET GRANTS WINDOW. The Growth and Employment (GEM) Project, a World Bank Group funded project implemented by the Federal Ministry of Industry, Trade and Investment (FMITI) is pleased to invite proposals from existing private sector operators with innovative, viable and sustainable proposals for the establishment of Innovation Hubs in South- East, South West, North-West, North-East or North-Central Zone of Nigeria. Building on the recommendations of the Strategic Framework and High Level implementation plan for Job Creation in Nigeria, and as part of the Federal Government's drive to boost job creation, youth employment and enterprise development in Nigeria, the Job Creation Team in the Office of the Vice-President (OVP), working with FMITI and other government ministries and agencies, is supporting the establishment of Innovation Hubs across Nigeria. Innovation Hubs are commonly defined as virtual or physical spaces that allow for collaboration among all or a combination of the following: private sector, public sector, academia and civil society. In many instances, these hubs act as market enablers, providing the necessary support and facilitation needed to spark and accelerate innovative ideas and business models. As part of a broader innovation ecosystem, hubs tend to serve as communities, work spaces, or research centers attracting, retaining and building talent. Innovation Hubs will serve as catalysts to move the Nigerian economy to become a knowledge driven and smart economy, capable of rapidly accelerating industrialization by serving as talent acceleration points for entrepreneurship and young Nigerians in competitive sectors of the economy. Competitive sectors may include but are not limited to Digital and Innovative Solutions, Professional Services, Construction, and Manufacturing and Agro-allied Technologies. The specific objectives of each of these hubs will be driven by the socio-economic characteristics and the innovation and entrepreneurship needs assessed for each of the regions. However, the hubs should share the following common objectives: ? Empower and create job and income raising opportunities for youth, the self-employed (including farmers)and existing micro, small and medium (MSMEs) enterprises within the GEM sectors: Information Communication Technology, Entertainment, Light Manufacturing (Agri-business and processing), Hospitality, and Construction or any activities relating to any of these sectors; ? Increase overall productivity of MSMEs resulting in improved competitiveness of targeted local goods and services; ? Encourage and increase regional innovation activity across priority sectors in regional economies; ? Leverage and mainstream business development services developed from MSMEs as part of the GEM project. See Annex for details; ? Ability to complement, leverage and build on existing innovation related support activities and efforts, unless there are shown to be uncompetitive or distorting the market; ? Provide example for workable collaboration that will trigger uptake, scale and crowding-in by other investors and entrepreneurs. This CFP is aimed at providing financial support to the first wave of these Innovation Hubs in the abovementioned five selected geopolitical zones. GEM project will award up to five winners (i.e. grantees) with a maximum of one innovation hub per selected zone. Submitted proposals will first be screened for complete submission of required documentation and then be evaluated on the pre-agreed selection criteria noted below. Winning proposals will receive between US$100,000.00 and US$1,000,000.00 as grant award, based on, among others, the impact of the proposed Hub business plan and its financial sustainability within the targeted zone. Proposals must seek to identify an applicable and sustainable business model where the Innovation Hub can leverage the market opportunities and competitive advantages of its area, and where the way forward is based on a critical mass of potential clients. Proposals should also consider how hubs can potentially service beneficiaries of the GEM project. The submission deadline will be May 22, 2017 at mid-night Nigerian Time (GMT+1 hour).Any applications received after this date shall not be processed. WHO CAN APPLY Proposals which GEM will consider for funding under this window must meet the following eligibility criteria: ? The Grantee must be a for-profit private sector company, partnership (aka consortium), or sole Proprietorship(s). ? The GEM funding requested for by potential Grantees must not be less than US$50,000.00 and not more than US$1,000,000.00 equivalent. Please note that grants will be paid in Naira equivalent at the time of the withdrawal. ? The Grantee must provide 50, 35 or 20 percent matching fund depending on the proposed geopolitical zone in the form of cash or cash equivalent (acceptable to the Government). ? The Grantee is not insolvent, declared bankrupt, is not under receivership, has made no arrangement for the benefit of its creditors, has not petitioned or applied to any Court or tribunal for the appointment of a receiver or a trustee for itself/himself or any part of its/his property, nor has commenced against it and pending any legal proceedings for its dissolution, liquidation, reorganization or readjustment of its debt. ? The Grantee shall meet the following business registration and operation requirements: - The Business of the Grantee must be registered either as a Business Name or Company at the Corporate Affairs Commission (CAC). - Where all the members of the Business Entity are not involved in the Business to which this grant is being made, the member(s) involved must have the majority share or interest in the Business Entity (i.e. minimum of 51%). - Where the member(s) to administer, and manage the Grant funded business does not have majority interest, he/it/they shall obtain a notarized undertaking from the other members not to interfere with the Grant funded Business and also granting him/it/them full authority to operate the business. HOW TO APPLY Proposal need to be submitted following the steps given below: a) Log on to the Business Innovation and Growth (BIG) Portal at www.bigportal.org.ng and download the required forms under the Innovative Market Window link; b) Complete the Application Form template and the Project Financial Modeling template; c) Submit the forms in section (b) above and other required documents to the email gem.project@ng.pwc.com with a subject title: Proposal for Innovation Hubs, followed by your firm's name. Please note that no submissions will be accepted on any other platform or a different email address. Handwritten submissions will not be accepted. OTHER REQUIRED DOCUMENTATION In addition to filling up the Application Form and the Project Financial Modeling template, the applicants must submit the following additional documents; 1) Scanned original copy of business registration with the Corporate Affairs Commission (CAC);

2) Scanned copies of Federal Government of Nigeria issued identification (such as international passport, National identity card or driver's license) of the business owner(s); 3) Scanned copy of the annual financial statements of the immediate past year (and other documentation to provide evidence of funds to match the proposed grant); 4) Scanned copy of Tax Certificate from authorized public sector revenue authority 5) CVs of the business owner (s) and other key people involved in the project in line with staffing section in the application form; 6) 18-month implementation timeframe with key milestones and expected tranche disbursement, and 7) Copy of articles and memorandum of association for limited companies, or any other document with similar details for other forms of business. If consortium arrangement application, proposals should submit 1, 2 and 3 of above stated documents for each consortium member as well as other key documents referencing prior collaboration among the consortium members. SELECTION CRITERIA Applications will be evaluated based on the following criteria: a. Rationale for this specific Innovation Hub. The applicant will be assessed on his capacity to: (1) clearly define the market failure the Innovation Hub will be addressing. A market failure is here defined as a problem that prevents private sector to grow and justifies a public intervention (here GEM project);(2) describe issues faced by the private sector in the selected specific industry (if relevant) and in the selected geopolitical zone; (3) describe how the Hub will address these cross-country and/or specific challenges and; (4) provide a clear rationale for the location. Overall, proposal must demonstrate that Innovation Hubs will be established within the context of a solid market, a sound financial base and strong community support and are filling a clear market failure. b. Relevant support to start-ups and MSMEs. The applicant will propose a clear list of activities being proposed by the Innovation Hub â&#x20AC;&#x201C; based on a clear understanding of the constraints faced by start-ups and MSMEs. This can include: rental spaces, equity investment in MSME, incubator, business consulting, etc. The applicant will also indicate the profile of the potential clients and a draft selection criteria for entering the Hub. c. Business Plan and Financial sustainability. GEM Innovative Market Grant finance will support financial resources to allow selected Innovation Hubs to start operations, however proposals must have a sound, longer term financial plan that identifies a variety of e.g. new/ potential funding sources and predicts the nature of the hub and its expenses going forward. Proposals should present a robust business model that can lead to future sustainability, including a realistic assessment of potential financing and revenue sources beyond the funding period, governance arrangements that reinforce sustainability and a strategy that ensures strong ownership of local stakeholders. d. Leadership and management capacity. The following aspects will be assessed as part of the evaluation: i. Previous knowledge and experience establishing and manage the Innovation Hubs including the capacity to build and manage complex organizations, and strong internal governance frameworks by at least one of the consortium members. ii. Competencies of leadership and technical team. Innovation Hubs business plans must identify strong leadership and management skills and ensure the team has required experience and competencies from the private sector for its implementation. Furthermore, proposals will be assessed on their capability to identify and engage potential part-time staff e.g. trainers or mentors) that would be able to come in on a more ad-hoc basis and in relation to particular technology or market issues. iii. Proposed operational risk mitigation plan to address risks such as those arising from external systemic constraints that would limit the viability of the proposed hub, such as legislation, skills, financial processes and flows, critical infrastructure, etc. e. Quality of Partnerships: Proposals will be assessed on their ability to leverage partnerships and alliances in order to maximize hub's objectives such as collaborating with other like-minded hubs, cooperating on projects (e.g. with corporates, government, academia and other startups) that promote information exchange and create strong business networks, and promotional activities that strengthen ties with local business and community leaders. Applicants should show proof of previous collaboration or ongoing dialogue for any partnership included in the application. f. Clear Development Objective, Measurable Results and Effectiveness: The business plan must clearly demonstrate how it seeks to have a direct and positive impact on local economy, on innovation and contribute to GEM's project objectives (sales and employment growth of supported MSMEs). The applicant will also define a clear innovation agenda for her Hub. Proposals must have clear and measurable results framework. For more information about the selection process or any further enquiries or clarifications, visit https://bigportal.org.ng/wp-content/uploads/2017/04/InnovationHubsCFP.pdf for send questions by email to gem.project@ng.pwc.com on or before May 22, 2017. Application forms can also be downloaded at https://bigportal.org.ng/wpcontent/uploads/2017/04/ApplicationFormInnovationHubs.docx

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Buhari v Yar’Adua Book Review Title:

Buhari v Yar’Adua: Facing the Future

Author::

Soyombo Opeyemi

Reviewer:

Dr. Kayode Oyende

he book, Buhari v Yar’Adua: Facing the Future is mainly a collection of articles written by the author about the 2007 general election which the current President Muhammadu Buhari lost to former President Yar’Adua of blessed memory. The articles, amongst others, have as their subject-matter the comments of the author on the electoral contest or litigation, which followed the loss and the resolution of the electoral disputes, one way or the other, both at the Presidential Election Petitions Tribunal and at the Supreme Court of Nigeria. The case referred to above is BUHARI v INEC & OTHERS (2008) 19 NWLR (part 1120) 419 decided at the Supreme Court. The suit originated at the Court of Appeal, via a petition presented by General Mohammadu Buhari, the then presidential candidate of the All Nigeria Peoples Party (ANPP). Contents of the Book The book contains 179 pages of readable prose. It is compelling and irresistible, written in clear analytical prose, witty, pungent and very frank. Chapter One discusses the case of Buhari v Yar’adua (2008) and the consequence of the non- serialisation of the ballot papers used in the conduct of that election. Chapter Two is titled ‘A judicial coup’. It discusses tenure extension judgement of the courts in some States of the Federation, the Code of Conduct Bureau and the power of the Attorney- General of the Federation, and the power play which prevented the then Vice-President, Dr. Goodluck Jonathan from taking over power in the absence of his boss. Chapter Three discusses the case of AREGBESOLA v OYINLOLA (2010). This case itself is topical, as it reminds us of the tussle in the case of NWOBODO v CC ONOH (1984) I SCNLR 1 and the volte face by Chief FRA Williams in AJASIN v OMOBORIOWO ( 1984). The legal tussle had to do with whether the standard of proof required in an election petition containing averments which border on a criminal allegation, is proof beyond reasonable doubt, or proof bordering on the balance of probabilities. Chapter Four contains reflections of the author on the interpretation of some sections of the Constitution particularly Section 308, which dwells on the immunity being enjoyed by public officers, and the case of AG LAGOS STATE v AG FEDERATION AND 35 ORS, on the constitutionality of the withholding of the revenue allocation to Lagos State by the Federal Government. Chapter Five discusses the proposal to amend the 1999 Constitution of the Federal Republic of Nigeria and the controversy on whether a presidential assent by way of a signature, is required before the 1999 Constitution can be validly amended

under sections 9(2) and 58 of the Constitution, a highly technical area. (See sections 9(2) and 58 of the 1999 Constitution. ) Chapter Six discusses the role of the Supreme Court in safeguarding our democracy. This is via the constitutional power given under section 6 of the Constitution to adjudicate over disputes between individuals and governments and to decide disputes between the States and the Federal Government in the Federation. How has the Supreme Court fared in this regard? The author’s analysis of the case of Buhari v INEC once again, is instructive and he delivers an incisive post- election analysis based on the dissenting judgement of Oguntade, JSC (rtd) and in the case of SWEM v DZUNGWE (1966) NMLR 297. Briefly, the latter case was about an appeal filed by the 1st Respondent (an NPC candidate) against the Appellant (an UPGA candidate) asking that the election of the latter to the House of Representatives should be declared invalid on the grounds of substantial irregularities and non-compliance with the Electoral Act of 1962. The Court held, amongst other issues, that once a petitioner establishes non-compliance and the court or other tribunal cannot say whether or not the result of the election could have been affected by such non-compliance, the election will be voided on the ground that civil cases are proved by a preponderance of accepted evidence. In Buhari v INEC ( or Buhari v Yar'Adua), the proof required by the Court of Appeal was proof beyond reasonable doubt! The authority of SWEM v DZUNGWE cited above pointed the way forward over forty years ago! This is the burden that the author sought to discharge in this book and in my view, he discharged it creditably. Finally, Chapter Seven discusses the prognosis of the former Editor of THISDAY, Godwin Agbroko and his predictions. The author delivers a powerful citation on the qualifications of a social critic. The Meat of the Book Now to the ‘meat’ of the book. The bone of contention is the interpretation of Section 146(1) of the Electoral Act, 2006. The section states thus: “An election shall not be liable to be invalidated by reason of non-compliance with the provisions of this Act if it appears to the Electoral Tribunal or court that the election was conducted substantially in accordance with the principles of this Act and that the non-compliance did not affect substantially the result of the election”. Here Soyombo Opeyemi breaks

down the meaning of this section in a readable and witty manner. He compares section 146(1)) quoted above with section 145(1)(b) of the Electoral Act. Now, non-compliance with the provisions of this section is to be measured by its weight in the mind of the judge when evaluating the evidence adduced by the petitioner, and in particular the defence adduced by the respondent to debunk the evidence of the petitioner. Where the non-compliance comes from corrupt practices, section 145(2) provides the answer. Section 45(2) of the Electoral Act, 2006 provides: "Ballot boxes shall be bound in booklets and numbered serially". This provision is mandatory, and not merely for audit purpose. This was not the procedure adopted in the election that was being challenged by Muhammadu Buhari and the petitioner proved this. The decision of the Election Petitioner Tribunal was affirmed by Niki Tobi, JSC (rtd), who held that the petitioner had not proved his case, and that the case must be dismissed for substantial non-compliance! However, solace must be found in the dissenting judgement of Ogun-

"BUHARI V YAR’ADUA: FACING THE FUTURE IS THEREFORE VERY TIMELY, AND A WARNING TO INEC AND ALL THE POLITICAL PARTIES AND POLITICIANS TO GET THEIR ACTS TOGETHER AND LEARN LESSONS FROM THE PAST"

tade JSC earlier discussed above, who referred to the case of Swem v Dzungwe and the principles of a fair electoral contest which are reiterated as follows: (1) Inclusiveness- all persons must be eligible to vote and should not be precluded from voting. (2) Transparency- ballot papers are to be serialised and bound in booklets. (3) Secrecy- voting is to be by open-secret ballot. See section 53(1) Electoral Act, 2006. Where these three principles are absent, the election is a sham and lacks credibility. Buhari v Yar’Adua: Facing The Future is therefore very timely, and a warning to INEC and all the political parties and politicians to get their acts together and learn lessons from the past. However, the author seemed to prefer the standard English spellings, but some words are spelt in the American spelling ways. For example, serialising (page 19); sync is wrongly spelt (page 43), ‘lean’ ought to be learn (page 83). For engaging these issues robustly and courageously and despite being a media practitioner, the author deserves a lot of commendation. It is a book that is highly recommended and a must for all citizens interested in the reform of our electoral system and the Judiciary. It should also adorn our private collections in our homes, and the public libraries and educational institutions. Dr. Kayode Babatunde Oyende, Lecturer, Faculty of Law, Lagos State Universit

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18.04.2017

GUESS WHO???

L-R: Oluyemisi Aromasodu (Ayeni), This Day Lawyer Editor, Onikepo Kuye (Braithwaite) and Folajogun Akinsete (Akande) in our Queen's College Days in the late 1970's

L-R: Oluyemisi Ayeni, Onikepo Braithwaite and Folajogun Akande, September, 2016

T H I S D AY TUESDAY APRIL 18, 2017

T H I S D AY ˾ ˜ ͯͶ˜ Ͱͮͯ͵

BUSINESSWORLD

INDUSTRY

Of What Use is Another DFI? Crusoe Osagie examines the mandates of the Banks of Industry and Agriculture, along with that of the recently licensed Development Bank of Nigeria, asking if there is truly any need for another development finance institution

Adeosun Nigeria is in desperate need for economic growth and development. An analysis of the country’s demographics further buttresses this fact. As a matter of fact, when one considers the structure of Nigeria’s population, with youths constituting up over 70 per cent, vis-a-vis the nation’s contracting economy, it can throw the discerning into some sort of panic. For example, the age structure in Nigeria shows that people aged between 0 and14 years make up 42.79 per cent of the population; 15-24 years: 19.48 per cent; 25-54 years: 30.65 per cent; 55-64 years: 3.96 per cent and 65 years and over: 3.12 per cent. The above figures show that the population of Nigerians 54 years and younger is over 90 per cent, indicating that nearly the entire population in Nigeria is in the active production bracket. The puzzle is how to keep these young people numbering over 140 million, gainfully employed. It is therefore difficult to fault the decision of the government to set up a new development finance institution (DFI) even though a couple of them are already in place, set up by the same government for virtually the same purpose. So, it was mostly cheers when recently the federal government announced that it had approved the commencement the Development Bank of Nigeria (DBN). The Federal Executive Council (FEC) approved a $1.3 billion loan credit facility for the institution. The approval came on the heels of a memo submitted by the Finance Minister, Kemi Adeosun seeking council’s ratification on the loan’s request. Adeosun said $500 million of the amount would come from the World Bank, $450 million dollars expected from the African Development Bank, and $200 million from German development finance institution, KFW. According to the finance minister, another $130 million would come from the French Development Agency to make up the $1.3billion earmarked for the commencement of the bank. “As you know, the Development Bank of Nigeria recently received its licence and is being funded by some long term loans from some of our development partners.

Olagunju “So the World Bank had given us 500 million dollars repayable over 21 years and all of this is at a concessional rate. “The African Development Bank is giving us 450 million dollars and KFW are giving us 200 million dollars and the French Development Agency are giving us 130 million dollars. “To access this money, we are ready to disburse but there are two requirements that we need to make and one of them is the legal opinion by the Attorney-General of the Federation and the other is the National Assembly approval. “Before it goes to the National Assembly, it needs to be approved by FEC and the FEC simply approved today that these loan requests should go to the National Assembly for approval. “So we can access this money and the Development Bank of Nigeria can take off fully as it is expected to transform Financing of our Micro Small and Medium Enterprises (MSMEs) sector. “The council enthusiastically approved these facilities which are on long term, meaning that the DBN will be able to lend to our MSMEs over much longer periods and at much lower rates. “So the impact on the SMEs will be quite considerable.” According to her, the loans are also concessionary with interest rates of less than two per cent and have very long repayment period of up to 21 years. The loans are aimed at allowing the bank to lend to Small and Medium Enterprises (SMEs) for a longer period with interest rate lower than in commercial banks. With the finance minister having spoken with so much enthusiasm, it is still necessary to debate the appropriateness of the decision to introduce another development finance institution when the Bank of Industry (BOI) and the Bank of Agriculture (BOA) seem to have similar mandates as the DBN. Bank of Industry The BOI is Nigeria’s oldest, largest development financing institution. It was reconstructed in 2001 out of the Nigerian Industrial Development Bank (NIDB) Limited, which was incorporated in 1964. The bank took off in 1964 with an

authorised share capital of 2 million (GBP). The International Finance Corporation (IFC), which produced its pioneer Chief Executive held 75 per cent of its equity along with a number of domestic and foreign private investors. Although the bank’s authorised share capital was initially set at N50 billion in the wake of NIDB’s reconstruction into BOI in 2001, it has been increased to 250 billion in order to put the bank in a better position to address the nation’s rising economic profile in line with its mandate. The institution’s vision is to be Africa’s leading DFI operating under global best practices, to transform Nigeria’s industrial sector by providing financial and business support services to enterprises. The institution is mandated to provide financial assistance for the establishment of large, medium and small projects as well as the expansion, diversification and modernisation of existing enterprises; and Bank of Agriculture As for BOA, it is the nation’s foremost agricultural and rural development finance institution. It was incorporated in 1972 as Nigerian Agricultural Bank (NAB), in 1978, the name was changed to Nigerian Agricultural and Co-operative Bank Limited (NACB) to reflect the inclusion of co-operative financing into its broader mandate. In October, 2001, following the federal government’s effort to streamline the operations of its agencies, that were believed to be performing overlapping functions, three institutions Nigerian Agricultural and Cooperative Bank Limited (NACB), People’s Bank of Nigeria (PBN) and the risk assets of the Family Economic Advancement Programme (FEAP) were merged to form Nigerian Agricultural, Co-operative & Rural Development Bank Limited. In October 2010, following the rebranding of the Bank to reflect its institutional transformation programme, the Bank adopted the new name Bank of Agriculture Limited (BOA) The Bank is wholly owned by the Federal Government of Nigeria with its shares held by Central Bank of Nigeria (CBN) (40 per cent) and Federal Ministry of Finance Incorporated (MOFI) (60 per cent). It is supervised by

Federal Ministry of Agriculture and has an authorised share capital of N50 Billion The Banks key mandates include: Provision of credit to support all activities in the agricultural value chain; provision of nonagricultural micro credit to the poor segment of the society comprising rural artisans, petty traders etc; capacity development for the promotion of co-operatives and agricultural information systems; provision of technical support and extension services; boosting of opportunities for self-employment in the rural areas to stem rural-urban migration and inculcation of banking habits at the grass-roots of Nigerian society. The BOA prides itself as Nigeria’s largest DFI and one of Africa’s leading agricultural finance institution. It is also said to be the Nigerian DFI with the highest rural operational outlets comprising 136 outlets, six zonal offices and the head office, spread across the 36 states of Nigeria and the Federal Capital Territory. The Bank has deep institutional knowledge of rural micro and agricultural financing with over 40 years of experience. It maintains strategic partnerships with international and multilateral institutions like USAID, IFAD, World Bank, African Development Bank (AfDB) and ECOWAS Bank for Investment and Development (EBID). Clear Overlap of functions A critical look at the mandates and missions of the two preexisting development finance institutions: BOI and BOA, show vast similarities and points of convergence with that of the DBN. All three institutions can provide financing for MSMEs, all of them target single digit interest rates, all of them have the superintending goal of socio-economic development. Why therefore must we have all three with clear duplicity of functions? The setting up of this new institution throws up a lot of new liabilities: human capital, fixed assets, among many others. Could the new initiative that resulted in the establishment of DBN not have been channeled through the BOI and BOA? If not, then why not put the two older institutions down and fuse their functions into the DBN.

T H I S D AY TUESDAY APRIL 18, 2017

T H I S D AY ˾ TUESDAY, APRIL 18, 2017

PROPERTY & ENVIRONMENT DevelopersRolloverProfitforLackofEstateLoans The property market in South Africa is set for a jolt in the face of heated arguments for and against land redistribution that is set to happen any time soon. On top of it all is the raging Xenophobic attacks. But a realtor, Abbey Adenigba, Chief Executive Officer of Abaden Properties Pty Ltd., believes these events should not pose a problem to Nigerians who invested in the market or plan to do so, if they seek advice of professionals on ground. Bennett Oghifo reports

he harsh economic environment has introduced a near unbearable cash crunch, even in banks, and this has raised interest rates that make borrowing very unattractive. The situation is getting bleaker with the Federal Mortgage Bank of Nigeria not providing estate development loans. There are ways round this, said Mr. Taiwo Ogunbodede, “Our company is a going consign that has been on for over nine years and we have done projects overtime. The company has its own internally generated revenue. It is not our first project. What is done over time is that you enter project A and in real estate business what you do is move the profit of project A to the next project to start it and once you start the next project and with the sale off-plan you keep on building.” On bank loans, he said “Another option is to go to the banks. The interest rate in the banks today is about 30 per cent per annum but I don’t know how you’re going to do it. Of course, you can go to the bank for a bridge loan for two to three months but today banks are not willing to lend to real estate. Orangeville and Shepherd II Apartments… Cross & Churchill focuses on the development and sale of serviced plots and residential property. Ogunbodede said the poor financial environment and market survey had made it imperative for his company to

scale down their project type. The market, he said was no longer suitable for mansions and villas. “What the market needs now are small size, well-finished apartments that are not only functional, but also affordable.” Cross & Churchill is employing venture capital and other funding arrangements in its two new projects, Orangeville and Shepherd II Apartments, said Ogunbodede. Orangeville is located in Okun Ajah while Shepherd II is at Ibeju Lekki. Orangeville has a block of 24 apartments, comprising 12 units of 2-bedrooms and 12 units of 3-bedrooms; Shepherds II has 16 units made up of 8 units of 2-bedrooms and 8 units of 3-bedroom apartments. He said Orangeville, also known as The Berkshire Apartment, is designed as an iconic development and that its location is in ‘mid-town Lekki’ with easy access from the mainstream neighborhoods of Lekki Phase1, Ikate, Jakande and Chevron and the Central Business District of Victoria Island, Ikoyi, Marina and Broad Street. The property is built on three floors, and according to the concept, “blends modern attitude with traditional delight to create contemporary living with high specification facilities. It has bespoke living and dining rooms which were crafted with residents’ extra coziness in mind.” Other facilities include visitors’ toilet, maid room, storage room, spacious living room, dining area, comfortable master’s bedrooms, fully-fitted

Architectural presentation of Shepherd II apartments

kitchen with heat extractor, contemporary bathroom, toilet designs and fittings, beautiful floor design with vitrified tiles, spacious and carefully conceived floor plan, and massive headroom allowance in every space. Shepherds II Apartments, the promoter said is a “well-crafted luxury home that offers a blend of modern attitude with traditional neighbourhood comforts that bring a new meaning to urban living.” The project is located shortly after Adiva Plains/Beechwood Estates, Lakowe Lake Resorts and Mayfair Gardens. It is

about 5 minutes’ drive before the Amen Estates and about 8 minutes’ drive before the junction of the proposed new Lagos Airport. It also has visitors’ toilet, maid room, storage room, spacious living room, dining area, comfortable master’s bedrooms, fully-fitted kitchen with heat extractor, contemporary bathroom, toilet designs and fittings, beautiful floor design with vitrified tiles, spacious and carefully conceived floor plan, and massive headroom allowance in every space. It has security post, gate

house and full security apparatus; water treatment plant, paved premises, drains and walkways, parking space for, at least, two cars per apartment, and central generator which is not included in the purchase price. Uptake… The company, he said has plans for easy uptake, explaining that “Before now, we were demanding as high as 30 per cent down-payment from buyers. Now, for these our new projects, we are asking for just 10 percent and the rest payment

spread over 24 months.” The concept, he said was in line with the company’s mission ‘to be the destination for the provision of affordable, innovative and customer-centric real estate solutions within Nigeria and Sub-Saharan Africa landscape’. According to him, “They also align with our vision of a property market where we want ‘to be the dynamic provider of cutting edge real estate products and services with trust, professionalism and robust customer care as our operating philosophy.”

Improper Layout of Construction Sites Cause Lagos Group Flays new Environmental Law, Avoidable Accidents, Fatalities, Say Builders Call for Review Avoidable fatalities, accidents, waste and double-handling are the effects of improper layout of sites during construction, according to the Nigerian Institute of Building. Thus, they want construction site layouts defined by a registered builder. Construction site layouts should be well defined and designed at the commencement of a building construction project by a registered builder, according to the nation’s builders. These are some of the outcomes of the 2017 edition of the mandatory continuous professional development programme of the Nigerian Institute of Building (NIOB), held in four different locations in the country- Lagos and Abuja (29-30th March, 2017), Katsina and Uyo (5th -6th April, 2017). The participants, in their communique signed by Bldr.

Kunle Awobodu, Chairman Professional Development & Practice Committee Nigerian Institute of Building said, “Temporary site layout planning for building construction works are services rendered by builders that the Nigerian public should take advantage of.” They said construction methodology has effects on project deliverables such as time, cost and quality. “On the same project, different construction methodologies will lead to different project outcomes. “The use of construction methodology on building projects in Nigeria with its attendant advantages is not yet pervasive. Consequently, Nigerian public and private clients are enjoined and required to embrace the use of Construction Methodology Document duly

prepared by registered builders for their building construction works. Registered builders are equally enjoined to prepare this critical document on all their building projects for all public and private entities.” While the construction methodology is a precursor to the preparation of construction programme, a construction programme has implication on time, cost, resource deployment, safety and even the legal status of a project. Some collapsed buildings are attributable to unrealistic and unprofessionally projected time frames. Consequently, the Workshop enjoins all public and private sectors procuring and executing entities to request for and use Construction Programme duly prepared by registered builders for time and other resource management.

Bennett Oghifo A Lagos group, Concerned Citizens Forum, has decried the State’s new environmental law, and has called on the government to review it in the interest of the people. The group, which described the new law as “draconian, unprogressive and antipeople,” said it was designed to mortgage the state to foreign interests. Thus, they urged the government and the State House of Assembly to take a second look at the law and do away with some provisions that would likely inflict hardship on the people and completely mortgage the state to foreign interests. They flayed the government for imposing a new waste discharge levy on

the embattled local waste managers, arguing that the new charge of N2,000.00 on every trip they made to the waste dumps cannot hold, adding that it was a new tactics devised to send them out of the business at all cost. In a statement issued in Lagos and signed by its Convener, Comrade Michael Olayiwola, the group called on the government to immediately embark on a review of the law, stating that if implemented as it was, it would not only render many workers jobless, but would also kill local capacity development and investment in the state, which is a cardinal interest of the government. The group questioned the rationale of a law with the tendency to replace Nigerians with foreigners in the state’s waste

disposal management and to leave the people at the mercy of some shadowy elements in government, who are determined to corner the wealth of the state for themselves. Comrade Olayiwola accused the state government of trying to wholly make a foreign company, Visionscape, which has just set up its corporate headquarters at Heritage Place, Lugard Avenue, Ikoyi, Lagos, to take over the business of waste collection and disposal in the State, wondering why a government that has professed to be keen about youth empowerment and human capital development should embark on displacing Nigerians and small scale businesses owned by them and substituting them with foreign business interests that have no known business root in the country before now.

T H I S D AY ˾ TUESDAY, APRIL18, 2017

PROPERTY & ENVIRONMENT

Xenophobia, Land Redistribution: Nigerian Investors in SA Property Urged to Seek Professional Advice The property market in South Africa is set for a jolt in the face of heated arguments for and against land redistribution that is set to happen any time soon. On top of it all is the raging Xenophobic attacks. But a realtor, Abbey Adenigba, Chief Executive Officer of Abaden Properties Pty Ltd., believes these events should not pose a problem to Nigerians who invested in the market or plan to do so, if they seek advice of professionals on ground. Bennett Oghifo reports South Africa’s property market is a huge investment terrain with stable yields, said the Chief Executive Officer of Abaden Properties Pty Ltd., Abbey Adenigba, who has done 20 years in that country, most of them dealing in real estate. Regardless, deep feelings and other sentiments are filtering into the market, which is the reason Nigerian investors and prospective ones have been advised to talk to professionals, particularly in the wake of the impending land redistribution and recent Xenophobic attacks that targeted some real estate. Xenophobic attacks effect on Nigerian investors... Recent Xenophobic attacks left a dent on the South African image, as one of the drivers of investments into the country has been embarrassed by the negativity of xenophobia, Adenigba said. “Let me be sincere that xenophobia was not part of historic New South Africa, having lived there for 20 years. Until 2008 that we started hearing xenophobia, for one reason that we should understand, some foreign nationals like Ethiopians, Somalians and Mozambicans including few Nigerians began trading in the

township, wherein economic opportunity is limited. Obviously, it will come a time when the indigenes will be sensitive to the prosperity of some individuals within the same hardship township. Again, most of these small traders don’t employ. Government did not take it serious because they do not understand the key issues in the communities. Another point is leadership, inappropriate statements about foreigners escalated attacks in 2015 and in 2016, which became worse. Since the government has taken serious steps to address xenophobia, including litigations on anyone who induces strife against foreigners and their establishments.” He said, “Most of our investors were worried, telephone never stopping ringing but by God’s grace we have segmented our property locations and none of our clients was affected. Though, there are other dimensions of this phenomenon I can’t discuss here, nevertheless peace has been restored in all townships and suburbs, including the Central Business District. However, I advise potential investors to seek professional assistance for all types of investments in

L-R: Managing Director of NIPEN; Mr. Regis Tromeur; Director, Pastor Sola Ajidagba; Auditor, Mr. Taiwo Oyaniran; Chairman, Board of Directors, Mr. Steve Faderin; and Auditor, Mr. Kayode Sodipo, at the 41st Annual General Meeting of CFAO NIPEN, held in Lagos... recently

South Africa.” He advised prospective investors to do proper consultations before venturing into deals and business partnerships. “I have found it funny that Nigerians avoid the professional Nigerians in South Africa, and likely in other countries, who can give them the true service and of course

with fees. Many cases have come up to me from colleagues in real estate, who are looking for a Nigerian buyer that paid a deposit and disappeared. “There are cases where properties have been hijacked because they belonged to some individuals that cannot be traced. What I advise is that consultation is crucial in

Other challenges Nigerian investors face...

There is the concern about repatriation of investments funds, Adenigba said, stating that “it is a huge concern. I have convinced many clients and assured the repatriation of their capital if the Reserve Bank is well notified. We do send rental income and sales proceed on behalf of investors to any part of the world.”

that the defendants had no structure on the deputed land nor had any dealing with the claimant. The defendant also explained that he never broke into or destroyed any fence or gate on any land of the claimant. Atiku also debunked the sale of any land in Igbo Efon to the claimant or her vendors, as well as any title of the Ojomu Chieftaincy Family over any land in igbo-Efon as the family had no land there. He explained that the Ojomu Chieftaincy Family is an illegal and unregistered entity, engaged in preparing spurious layout plans to grab lands belonging to other communities through acquisition and other excision by Lagos State Government. But Justice Alogba in his judgment said he observed that none of the exhibits tendered by the claimant showed that the land in dispute being claimed

by her was purchased from the Ojomu Cheftaincy Family as she could not show any grant from the Ojomu chieftaincy Family or one to her vendors. The judge said the claimant failed to prove that the defendants were customary tenants of Igbo-Efon land or that same was owned by the Ojomu Chieftaincy Family. “Having failed to prove her root of title, the identity of the land she’s claiming, the claimant failed to prove any entitlement to the declaration of title she sought in the case. “Her claims for perpetual injunction and damages must also crumble being consequential reliefs that can only be granted if her claim for declaration of the title succeeded. “All the clams of the claimant are hereby dismissed in their entirety for lack of proof as required by Law,” the judge ruled.

generally, Mr. Faderin said that additionally, stiff competition from cheaper, substandard competitors created a pricing gap for NIPEN’s products. He stated that in spite of this scenario, the ‘Premium Ball Pen and Crates categories maintained about the same

sales volume as the previous year. He said, “in the Razor category, whilst we sustained our market leadership position, the overall market contracted due to the decline in disposable incomes and the unrelenting assault by counterfeiters.”

a regulated business environment like South Africa’s. “The current political issue is no deterrent to the economic stability! I can bet on that, the market has already summarised the end of such issues.”

Court Resolves 10-Year Land Dispute in Favour of Defendants Akinwale Akntunde An Ikeja High Court has restrained one Bamidele Jemiyo, the claimant in a disputed land suit, from trespassing on a parcel of land situated along the Lagos-Epe express road close to Chevron Headquarters. Justice Kazeem Alogba in his judgment also declared the defendants, Mr. Atiku Abogun and Chief Semiu Abogun the persons entitled to the right of occupancy on the said disputed two plots of land measuring approximately 1385.629 square metres. The judge in his decision said the claimant through her counsel, I. Takuro failed to prove that she is the rightful owner of the land in dispute, while the defendant’s counsel, Ebun Adegboruwa proved beyond reasonable doubt their case. The claimant, Bamidele Ejemiyo instituted the case

in July 2007, seeking court declaration that she is the person entitle to the right of occupancy to the disputed two plots of land. Amongst other reliefs, she also sought an order of perpetual injunction restraining the defendants, ether by themselves, their servants or agents from trespassing or further trespassing on the disputed land. At trial, the claimant testified for herself wherein she laid claim to ownership of the land in dispute more particularly delineated in Survey Plan No ISO/ LA/42B.83 dated November 18, 1983, which originally belonged to Justice Anthony Aina Michael Ekundayo and Mrs. Margaret Modupe Ekundayo by virtue of a Deed of Assignment dated March 21, 1992 executed in their favour by the accredited representatives of the Ojomu Chieftaincy Family of Ajiran.

She testified that the said family had from time immemorial being in exclusive possession and control as owners of the said land and have exercised maximum act of ownership without let or hindrance from anyone in respect of the entire area at Igbo Efon in the Etiosa Local Government Area of Lagos State, which titled had been confirmed by several judgments and the Lagos Offical Gazette No. 24 Vol. 27 date June 23, 1994. The claimant said upon purchase of the two plots of land in dispute, she was issued a Purchase Receipt dated May 22, 1995 by Justice and Mrs. Ekundayo. According to her, she took possession of the land, erected a fence round it with two big gates and remained in undisturbed possession until sometime in 2005 when the

1st defendant, Atiku Abogun encroached on the land which she reported to the 2nd defendant, Chief Semiu Abogun, who was the Village Head of the area then. She said the 2nd defendant perused her title documents, confirm same but still requested that she paid the 1st defendant some money to allow peace to reign. She added that she also paid another N100,000 to the Land Administrator of the Ojomu Family. In his testimony during trial, Chef Atiku Abogun, the 1st defendant told the court that the land in dispute was situate within the Igbo Efon community and belong to it having been in undisputed possession since time immemorial. Atiku stated that neither the claimant nor her predecessors in title had ever exercised any right of ownership or been in possession of the land, adding

CFAO NIPEN Leads in Plastics Manufacturing Fadekemi Ajakaiye CFAO NIPEN, the licensee manufacturers and distributors of BIC products including the internationally renowned ‘BIC Cristal Pen’, ‘BIC Shaving Sticks Range & Lighters’ and ‘Premium Ball pens’ and also

one of the major B to B plastic players with leading position in Crates and Closure Caps categories, has continued its leadership in Nigeria’s plastics industry in spite of the economic recession. This was stated by Mr. Steve Faderin, the Chairman of the

Board of CFAO NIPEN, during the 41st Annual General Meeting of its stakeholders held in Lagos, recently. Whilst considering the annual general report and accounts of the company, a subsidiary of the CFAO group in Nigeria, the shareholders

noted that the weakening of Naira, scarcity of foreign currency, drastic fall of over 70% in oil prices have badly impacted the business environment. Noting the trending recession facing the business of manufacturing in the country

T H I S D AY TUESDAY APRIL 18, 2017

TUESDAY APRIL 18, 2017 ˾ T H I S D AY

INTERNATIONAL

email:foreigndesk@thisdaylive.com

Monitors Criticise Turkey Referendum; Erdogan Denounces ‘Crusader Mentality’

A defiant Turkish President Tayyip Erdogan denounced the West’s “crusader mentality” on Monday after European monitors criticised a referendum to grant him sweeping new powers, which he won with a narrow victory laying bare the nation’s divisions. Supporters thronged the streets honking horns and waving flags, while opponents banged pots and pans in protest in their homes into the early morning. The main opposition party rejected the result and called for the vote to be annulled. Election authorities said preliminary results showed 51.4 percent of voters had backed the biggest overhaul of Turkish politics since the founding of the modern republic. Erdogan says concentrating power in the hands of the president is vital to prevent instability. But the narrowness of his victory could have the opposite effect: adding to volatility in a country that has lately survived an attempted coup, attacks by Islamists,

a Kurdish insurgency, civil unrest and war across its Syrian border. The result laid bare the deep divide between the urban middle classes who see their future as part of a European mainstream, and the pious rural poor who favour Erdogan’s strong hand. Erdogan made clear his intention to steer the country away from Europe, announcing plans to seek to restore the death penalty, which would effectively end Turkey’s decades-long quest to join the EU. “The crusader mentality in the West and its servants at home have attacked us,” he told flag-waving supporters on arrival in the capital Ankara where he was due to chair a cabinet meeting, in response to the monitors’ assessment. In the bluntest criticism of a Turkish election by European monitors in memory, a mission of observers from the 47-member Council of Europe, the continent’s leading human rights body, said the referendum was an uneven contest. Support for a “Yes” vote dominated

campaign coverage, and the arrests of journalists and closure of media outlets prevented other views from being heard, the monitors said.

“In general, the referendum did not live up to Council of Europe standards. The legal framework was inadequate for the holding of a genuinely democratic

process,” said Cezar Florin Preda, head of the delegation. While the monitors had no information of actual fraud, a last-minute decision

by electoral authorities to allow unstamped ballots to be counted undermined an important safeguard and contradicted electoral law, they said.

North Korea on ‘Maximum Alert’ after US Threats North Korea has warned its army is on“maximum alert”after the US vice president visited the heavily militarised border between the two Koreas and reiterated Washington’s position that“all options are on the table”in dealing with Pyongyang. Sin Hong-chol, North Korea’s deputy foreign minister, told Al Jazeera in an exclusive interview on Monday that Donald Trump’s administration“should look at the world with open eyes”. “The time of dictating orders by brandishing the US military might has gone. If those businessmen in power in the US thought of intimidating us by any military or sanction threats - as the [Barack] Obama administration used to do and failed - they will soon ﬁnd out such threats are useless,” Sin said.

“If we notice any sign of assault on our sovereignty, our army will launch merciless military strikes against the US aggressors, wherever they may exist, from the remote US lands to the American military bases on the Korean peninsula, such as those of Japan and elsewhere.” Sin also said the six-nation talks aiming to make the Korean peninsula free of nuclear weapons were “throttled at birth”. “The nuclear weapon in our possession is not illusion; it is not a commodity that may be traded for American dollars nor is it for sale. So it cannot be put on the negotiating table with the aim to rip it off,” he said. Tensions between Pyongyang

and Washington have soared in recent weeks, as a series of North Korean missile tests have wrought ever-more bellicose warnings from Donald Trump’s’s administration. On Monday, US Vice President Mike Pence - visiting the world’s most heavily militarised border that divides the two Koreas - hinted military options against the North have not been ruled out. “The people of North Korea, the military of North Korea should not mistake the resolve of the United States of America to stand with our allies,” Pence said, adding“the era of strategic patience is over”. “All options are on the table as we continue to stand shoulder to shoulder with the

people of South Korea,”he said from the village of Panmunjom, inside the Demilitarised Zone (DMZ). On Sunday, Pyongyang conducted its latest missile test, which the US and South Korea said crashed in failure after only a few seconds upon launch. The Trump administration has indicated it will not allow North Korea to develop an intercontinental ballistic missile capable of delivering a nuclear warhead to the western United States. Pyongyang insists it needs a powerful arsenal - including atomic weapons - to protect itself from what it says is the ever-present threat of invasion by hostile US forces.

T H I S D AY TUESDAY APRIL 18, 2017

TUESDAY, APRIL 18, 2017˾ T H I S D AY

NEWSXTRA

Military Expresses Concern over High Wave of Crime in Tertiary Institutions Paul Obi ÓØ ÌßÔË The Nigerian military yesterday expressed great concern over the increasing cases of extremism, terrorism and kidnapping in the nation’s education tertiary institutions. It warned that the trend portends a great danger to the nation’s security and intelligence gathering. The Commander, National Defence College (NDC), Rear Admiral Samuel Alade, stated this in Abuja at the ongoing national security workshop organised by the NDC, Associated Management Consulting and National Commission for Colleges of Education (NCCE) with the theme: ‘Proactive and Sustainable Intelligence Gathering and Response in Tertiary Institutions.’ Alade who was represented by Major General Ede Gabriel Ode, said though cases of extremism and other social

vices in tertiary institutions were not new, the rising wave and the sophistication of acts of kidnapping and terrorism associated with academic institutions are now at an alarming rate. The commander contended that given the high wave of extremism, terrorism and kidnapping, “the nation is in dire need of universal response mechanisms to these threats in our institutions of learning. “The idea is to seek strategic approaches or techniques for preventing kidnapping, terrorist attacks and violent extremism in tertiary institutions in Nigeria,” he added. Alade further added that the aim of the workshop is to “cover all categories of tertiary institutions in the country and hopefully extend to elementary and secondary schools.” The Minister of Education, Adamu Adamu, who was represented by the Director

of Tertiary Education in the ministry, Hajia Fatima Ahmed Jiddun, reiterated the commitment of the federal government to eradicate extremism and other social vices from tertiary institutions. Jiddun that “disturbing cases of kidnapping and other threats

to academic activities must be addressed for education to flourish.” She stressed that government is not only worry but concerned about making sure that “students are counselled against being vulnerable to these vices.” Jiddun also urged: “The

leadership of tertiary institutions to remain resolute in guiding their students against extremism, terrorism, kidnapping and other social vices.” Presentations were also made by the Associated Management Consulting, the Infrastructural

Concessionary Regulatory Commission (ICRC) and the National Commission for Colleges of Education (NCCE). Participants were drawn from the nation’s universities, polytechnics and colleges of education across the country.

Shekarau: PDP will Bounce Back in 2019 Mohammed Aminß ÓØ ÙÕÙÞÙ˿ Former Kano State Governor, Malam Ibrahim Shekarau, yesterday expressed optimism that the Peoples Democratic Party (PDP) would return to power in 2019. Shekarau made this known to journalists shortly after the 22nd annual Ummah Convention with a theme: ‘Agriculture: A Panacea for Nigeria’s Economic Recession” in Sokoto. He expressed optimism that the PDP would overcome its challenges before the 2019 election. Shekarau, who is also a former Minister of Education, described the imbroglio in the PDP as a challenge which would be resolved very soon, adding that the PDP would soon bounce back. He noted that the ongoing squable in the party would only strengthen the PDP leadership to restrategise ahead of 2019. According to him, it is premature to comment on his next political move, as his preoccupation is the unity of the party. “I cannot comment on my next political move at the moment. Right now we are trying to fix our party and make it stand firmly because of its internal wranglings. “I am assuring you we will come out of these challenges stronger and adequately prepared for the next general election. “In fact, I have no doubt that all things being equal, we will reclaim all the states we lost to the APC and the country,” he stressed. He stated that the creation of states was a serious setback to the nation’s development because of lack of uniformity in decision making and implementation. The former governor observed that the efforts of states and the federal government in the area of agriculture were not enough

to remove the country out of the wood, adding that there must be a body such as marketing board, to coordinate their activities which would bring about cohesion and even development. He emphasised that the Kano groundnut pyramid wouldn’t had been possible without the Northern Nigeria Marketing Board at the time. He pointed out that this coordination was very necessary for economic development and lack of it would only make the nation’s efforts fruitless. The former governor observed that when Kano State banned the Almajiri, people kept trooping to Kano for the same purpose because there was no such policy in other states. “So in a situation where there is no uniformity in decision making and implementation nothing will work because all the tiers have their individual limitation. The federal government cannot make policy on fertilizer for the state and vice visa,” he averred He noted that the Economic and Financial Crimes Commission (EFCC) lost some of its cases in the court because it was hasty in prosecuting them. “If you rush anything it would ultimately crash. The EFCC lost the cases because it was in a hurry to prosecute them without conducting a proper investigation,” he said Shekarau however, declared his support for the ongoing fight against corruption and advised the federal government to be just and fair to all. He maintained that injustice would only lead to anarchy and national calamity. Shekarau also urged the federal government to improve on the welfare of security agents in the country, as they are critical stakeholders in the crusade. “They are the ones conducting all these investigation and if they are not well fed they could compromise,” he added.

LANDMARK ACQUISITION

L-R: Executive Director , Legal Services, Mobil Plc, Paul Obi; Chief Executive Officer, Nigerian Stock Exchange, Oscar N.Onyema; Group Managing Director (GMD), NIPCO Plc, Venkataraman Venkatapathy; Managing Director, Mobil Oil of Nigeria (MON), Tunji Oyebanji; and Group Executive Director, NIPCO, Alhaji Abdulkadir Aminu, during the closing gong to celebrate the landmark acquisition of majority shareholding by NIPCO in MON by NSE in Lagos...recently

FG Set to Pay Backlog of Stipends, Allowances of Amnesty Beneﬁciaries Ndubuisi Francis ÓØ ÌßÔË The Special Adviser to the President on Niger Delta and Coordinator of the Presidential Amnesty Programme, Brigadier General Paul Boroh (rtd), said the Amnesty Office has prepared the necessary documents for the payment of all the outstanding stipends and allowances to beneficiaries of the Programme. Boron disclosed that the Amnesty Office has concluded all arrangements with the Finance Ministry, the

Budget Office, Office of the Accountant General of the Federation and the Central Bank of Nigeria (CBN), and received assurances that the necessary funds to pay the backlog of the 2016 stipend, training, education, vocation and empowerment of the beneficiaries will soon be released. According to him, what is left was the necessary cash backing for the balance of 2016 payments. A statement issued by the Communications Consultant to the Amnesty Office, Mr.

Owei Lakemfa, said Boron however clarified that there will be no payments for any part of 2017 is possible because the budget for the current year is yet to be passed or signed into law. He commended what he described as the exemplary conduct of the Amnesty beneficiaries in the trying times the programme faced due to the paucity of funds and assured that the worst is over. Boroh also assured that adequate provisions have been made in the 2017 budget to ensure that the financial

challenges are not experienced again. He admonished the beneficiaries to take advantage of the federal government’s focus on agriculture including the liberal loans like the Central Bank’s Anchor Borrowers Programme and those of the Bank of Industry, adding that the Amnesty Office has its own set of agriculture and aquatic programmes and training which are being gradually expanded to encompass all the beneficiaries.

Kwara Local Govt Moves to Avert Incessant Farmers, Herdsmen Clashes

Subjects cattle rearers to registration Hammed Shittu in Ilorin As part of efforts to reduce incessant clashes between farmers and herdsmen in Baruten Local Government Area of Kwara State, the management of the local government council yesterday disclosed that herdsmen migrating to communities in the rea would hence forth be subjected to registration before they could be allowed to settle in any community in the area. Baruten council area is an agrarian community that shares boundaries with the Republic of Benin and had in recent time witnessed

clashes between herdsmen and farmers which left some persons dead. The chairman, Transition Implementation Committee (TIC) of the local government area, Alhaji Musa Gobir, dropped the hint to journalists in Ilorin, the state capital, during a chat. According to him, “The registration of herdsmen migrating to the communities in the area became imperative in view of the incessant clashes with farmers in the local government.” He also clarified that the council was not ‘‘against any Nigerian willing to settle in

the area regardless of ethic affiliation as long as they are ready to live peacefully with one another,” maintaining that such person must have traceable identity. Gobir added that the management of the council would also this week convey a security meeting to resolve the issue so as to boost the socio economic development of the council. He said the meeting would be attended by the leaders of the Miyeti Allah Cattle Breeders Association in the state where issues relating to the recent clashes with farmers would be resolved amicably. Gobir said: ‘‘Fulani people

know themselves; even if you commit a crime here and run to Sokoko, they know themselves.’’ He opined that the people of the community ‘‘have lived peacefully with herdsmen for over 30 years, adding that some of their children now speak our language without any hindrance. “The problem is not with the owners of the cows but the herdsmen who were entrusted with the care of the cows.’’ Gobir therefore advised the people of the council to continue to live in peace in order to accelerate the socio economic development of the area.

TUESDAY, APRIL 18, 2017˾ T H I S D AY

NEWSXTRA

Research Expert: In 22 Years, FG, States, LGs Earned N101tn from Oil Sector Alone Ademola Babalola in Ibadan For 22 years, the federal, states and local governments shared N101:51trillion from oil revenues in Nigeria, a research professor at the Centre for Econometrics and Allied Research (CEAR), Adeola Adenikinju, has disclosed. Adenikinju, also a Director, Centre for Petroleum, Energy Economics and Law (CPEEL), University of Ibadan, made the disclosure at the 2016/2017 annual inaugural lecture of the University of Ibadan. In the lecture entitled: ‘Energy and Nigeria’s Economic Development: A troubled but indispensable marriage,’ Adenikinju who traced the history of Nigeria’s

oil wealth with the nation’s problem famously reduced to ‘how to spend the money’ because of its corresponding longest price oil boom between 1999 to 2007 as the price of oil rose from $26/barrel in 1998 to $140/barrel in 2007, however decried the level of underdevelopment and poverty ravaging the mass of its people. He nevertheless stressed that oil brought some good fortunes to Nigeria as it provided the resources that financed the second, third and fourth National Development Plans, the number of tertiary institutions rose, roads and bridges were constructed across the countries; Nigeria expanded her infrastructure

and physical asset base, often with big projects that later became ‘white elephant’ projects. “The high fiscal dependence of all the levels of government; federal, states and local governments on oil revenues between 1993 and 2015 stood at N15.3trillion, N19.15 trillion and N67.06trillion respectively. Imagine what the money could have been spent upon in terms of schools, roads, hospitals and other developmental projects!” The above notwithstanding, Adenikinju added:, “However, falling oil revenue widened the federal government deficit

from N1.2trillion in 2013 to N1.4trillion in 2015 and an estimated N2.2trillion in 2016 thus resulting thereafter in 40 per cent of states running a deficit of more than 30 per cent of their revenue, according to the report of the Federal Government Economic Recovery and Growth Plan (ERGP) of 2017. He said the lifestyles of politicians and their allies made it difficult for people to accept the sacrifice that higher oil prices would have translated into meaningful development especially if the deregulation of the sector and

huge subsidy payments which were mainly beneficial to the rich at the expense of the poor were anything to go by. Expressing worry on why agriculture, which was the mainstay of Nigeria’s economy and development indices not far from India, China, Indonesia, Singapore, South Korea, Malaysia and the like, nosedived to a sorry state, the professor also rue why Nigeria’s GDP per capita which was higher than those of China, India and Indonesia in 1960 did not maintain the kind of leaders it had then, so as to be among the most

diversified and developed economies of the world today. On the way forward, Adenikinju who described energy resource as a development help-meet divinely provided for Nigeria notwithstanding the leaders non-challance attitude to harness their potential and make use of their research works to fast track the nation’s growth, also prophesied a prosperous future for Nigeria especially when the energy sector properly occupies its role as a well nurtured ‘development help-meet’.

NIPCO Outlines Growth Strategy for Mobil Oil Ejiofor Alike The Group Managing Director of NIPCO Plc, Mr. Venkataraman Venkatapathy, has outlined measures being put in place by the majority shareholders in Mobil Oil Nigeria Plc to make the recent acquisition of ExxonMobil’s 60 per cent stake a game changer in the downstream sector. Specifically, the deal which would ensure increase in the production of Mobil brand of lubes which has remained a cherished brand in the lubricant market and a restart of its aviation business among others. According to a statement by the company at the weekend, Venkatapathy disclosed this on the historic occasion of the closing gong at the Nigerian Stock Exchange (NSE) on the invitation of the Exchange to celebrate the successful completion of the largest acquisition witnessed in the Nigerian downstream sector in Lagos. He said the acquisition which marks NIPCO ’s avowed resilience in the Nigerian economy will see a significant expansion in the production of lubes and ensure its availability across the country in a manner not seen before and thus making the company bigger. “As an efficient oil marketing company, NIPCO acquisition of MON majority shares would also bring economies of scale to the firm ,benefitting Nigerians and grow the economy further” the GMD declared. According to him, the visit to the Exchange being the first public appearance after the attainment of majority shareholding in MON offered veritable opportunity to share thoughts with the bourse on the milestone and the Group efforts to assure investors of immense

benefits. “To all discerning investors the deal is a big welcome to a new dawn and a new era that will usher in stability, prosperity, sustainability and growth in the downstream sector in particular and the industry in general,” he said. Venkatapathy noted that the deal would also make the NIPCO Group bigger not only just due to the acquisition but also the new business lines that come with it to make the company one of the most proficient and best run outfit in the downstream industry. He asserted that the group overall goal is an improved performance of the company as an integrated oil firm through increased presence and efficiency in all its line of business without any job losses. Venkatapathy commended the NSE management for the invite and the preeminent role given to the company barely few weeks after completing the acquisition process stressing that it marks the confidence reposed in the new majority shareholder of MON. He assured the NSE that the expected due diligence would be implemented in all transactions in the market to spur investors confidence in the new management. Earlier the Chief Executive Officer, NSE, Mr. Oscar Onyema, said the closing gong ceremony was organised to support and recognise the recent milestone of NIPCO especially the acquisition of majority shareholding in MON. He expressed great optimism that the deal, which remains a major landmark event in the oil industry, would add value to the sector as well as increase the confidence of investors.

REJOICING WITH THE COUPLE

L-R: Enugu State Governor, Ifeanyi Ugwuanyi; congratulating his Personal Assistant, Mr. Dubem Onyia (Jnr), and his wife, Queen, after their wedding at St. Mary Catholic Church, Trans Ekulu, Enugu....yesterday.

Frank Writes Buhari, Demands Full Disclosure of Looted Recoveries, Culprits Onyebuchi Ezigbo in Abuja The Deputy Publicity Secretary of the All Progressives Congress (APC), Timi Frank, has urged President Muhammadu Buhari to fulfill the promise he made to Nigerians to disclose how much has been recovered so far suspects and from whom they were recovered. Against the backdrop of the raging controversy over the ownership of wads of foreign currencies and naira notes totalling about N13 billion recovered by the operatives of the Economic and Financial Crimes Commission (EFCC) in an apartment in Ikoyi, Lagos, Frank said the president should order a transparent investigation to unravel the culprit. In an open letter addressed to President Buhari, the APC Deputy spokesman said apart from disclosing the total amount so far recovered from looters, the president should instruct the EFCC to declare the true owners of monies being recovered. Regarding the recent

money recovered in an Ikoyi apartment, Frank said in view of the claims and counter claims over the likely culprit, especially the one by the Nigeria Intelligence Agency (NIA) that the money belonged to it, President Buhari should take steps to clarify the situation. Frank said though he appreciated the sincerity, zeal and single-mindedness with which President Buhari has been seeking to vanquish corruption in this country, it would be equally good if he keeps Nigerians informed at all times on what has been recovered and from whom. “In the light of the grave concerns being expressed and far-reaching implications presented to the country in view of the recent cash discoveries, permit me to urge the EFCC to be more open as to the true owners of monies being recovered. Mr. President, I want to also say that it is time you fulfill this administration’s promise to disclose to Nigerians how much has been recovered so

far and from whom they were recovered,” he said. Frank said there are many pertinent questions agitating the minds of Nigerians over the Ikoyi discovery adding that as a party man that is close to ‘ordinary Nigerians’, he is inclined to ask the following questions: “Is it true that the latest cash haul from an apartment in Ikoyi, belongs to the NIA that had reportedly laid claim to the money? The EFCC needs to clarify this. “If the money recovered from the Ikoyi apartment was approved and released by the last administration for “covert operations” as claimed, why was the money not kept in the bank or stored in a safe in any of its officially recognized offices nationwide? s the said Ikoyi apartment more secured than the well protected and guarded Offices of the agency across the country? Is the apartment the property of the NIA? If not, who leased it to them? “Is the apartment a bank? Is it correct to say that the

money belongs to a high profile Nigerian in or outside government now allegedly being shielded? How could the agency have stashed such humongous amount in a building being shared by non-security personnel or neigbours without the presence of its operatives, if only to keep an eye on the money? Frank also wonder why the agency did not return the money back to government coffers, if it was unable to carry out its intended ‘covert’ operation almost two years after the money was released to it, but instead decided to keep the cash in an unguarded location. He said that not until the EFCC makes public the real owner of the money, it will be difficult to convince Nigerians that the money belongs to the NIA. He also suggested that the President asks another competent security agency like the Department of State Services (DSS) to independently investigate and unravel the true owner of the fund in order to put the present controversy to rest.

TUESDAY, APRIL 18, 2017˾ T H I S D AY

NEWSXTRA

Court Issues Contempt Notice against Kachikwu over OML 13 Baru allegedly shuns AGF, oil minister to mislead Buhari Ejiofor Alike A Federal High Court sitting in Abuja presided over by Justice John Terhemba Tsoho has issued notice of consequences of disobedience to order of court to the Minister of State for Petroleum, Dr. Ibe Kachikwu, over revocation of three oil blocks in Oil Mining Lease (OML) 13 by President Muhammadu Buhari, who acted in his capacity as the Minister of Petroleum. The contempt notice against Kachikwu in suit No. FHC/ ABJ/CS/21/2017, signed by the Court Registrar, Mr. Felix Udofia, was at the instance of Hi Rev Exploration and Production Limited, one of the three companies that won the blocks in the 2007 oil licensing rounds. The Attorney General of the Federation (AGF) and Minister of Justice, Mr. Abubakar Malami (SAN), was also joined as a co-defendant in the suit where Justice Tsoho had ordered the parties to maintain status quo and followed it up with the notice of consequences of disobedience to order of court. The winners of the oil blocks alleged that the Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Dr Maikanti Kacchala Baru, and the Managing Director of Nigerian Petroleum Development Company (NPDC), Yusuf Matashi, misled President Buhari to revoke the oil blocks without putting Malami and Kachikwu in the picture. In a memo routed direct

to President Buhari and dated December 20, 2016, which was obtained by THISDAY, Baru acknowledged that Oil Prospecting Leases (OPLs) 2001, 2002 and 2003 in OML 13, which were recovered from Shell by the administration of former President Chief Olusegun Obasanjo, were “inadvertently revoked” by Obasanjo’s administration and “back-converted to greenfield OPL and resized into OPLs 2001, 2002 and 2003 and offered under the 2007 Licensing Round.” However, the winners of the blocks argued that Maikanti’s letter, which insisted that the OPLs belong to NPDC, did not disclose that NPDC also submitted a bid for one of the blocks in the 2007 open licensing round but lost as a result of low bid. THISDAY gathered that SPDC had operated the three blocks until 1995 when Ken Saro-Wiwa was hanged by the military regime of the late Gen. Sani Abacha. Following the execution of Saro-Wiwa, the Ogoni people, who had sacked Shell from their area since 1993, also denied the oil giant access to the oil blocks, which are located in the neighbouring Iko Community in Eastern Obolo Local Government Area of Akwa Ibom State. With this development, THISDAY gathered that the only access Shell had to Eastern Obolo was a long journey through Port Harcourt, Aba, Ikot Ekpene and Eket.

This led to the shut-in of the fields until 2007 oil bid round, where Jahcon International Ltd won OPL 2001, while Oil and Industrial Services Ltd won OPL 2003, with commitments to pay signature bonuses of $ 46 million and $34 million, respectively. OPL 2002 was won by Hi Rev Exploration and Production with a commitment to pay $66 million as signature bonus. But Shell went to court on the day of the licensing round and obtained injunction to stop the transfer of the assets to the winners. The case dragged till 2015 when all the parties reached an agreement to settle out of court, which formed the judgment of the Federal High Court. Consequently, Jahcon International and Oil and Industrial Services Ltd made payments for signature bonuses of $46 million and $34 million in accordance with the agreement with the

federal government, which was adopted as the consent judgment of the Federal High Court in the suit No. FHC/ ABJ/CS/282/2007. However, on December 20, 2016, Baru wrote a memo routed direct to the President requesting that the awards be revoked, and all three bocks merged and renamed OML 13 as in pre-2007 era and the OPLs given to the NPDC by executive fiat. Citing documents available to THISDAY, the winners of the blocks alleged that Baru forwarded the request direct to the president without seeking legal advice from the Ministry of Justice, or consulting the Minister of State for Petroleum. In the letter, Baru reminded President Buhari that “First Schedule of the Petroleum Act, Section 25 grants the minister, the power to revoke any licence or lease based on the minister’s opinion of performance on the license or

based on non-compliance with the Petroleum Act.” Baru added that “the inadvertent back conversion of OML 13 contravenes the principle of classification of OPLs and OMLs under the First Schedule of the Petroleum Act as the lease area met all requirements for conversion to an OML and already achieved a commercial production of 33,500 barrels of oil equivalent per day (bopd), which is above the stipulated 10,000 bopd.” The NNPC boss also requested the president to grant approval for NPDC to bear “the refund to the offerees of OPLs 2001 and 2003 for the sums of $46 million and $34 million, respectively, and thus absolves DPR of such refund obligation.” Following the President’s approval, also dated the same December 20, 2016, the Director of DPR, Mr. Mordecai Dantani Ladan

wrote two letters, dated February 15, 2017, informing Jahcon International Ltd and Oil and Industrial Services Ltd of the revocations of the acreages, citing “a review of the reconversion process of the former OML 13 to OPLs 2001, 2002 and 2003”. THISDAY gathered that even before the President granted the approval to revoke the blocks, Ladan had in a letter with reference number PI.LM/3900/S.V.1/234 of October 6, 2016, informed the Managing Director of Hi Rev Exploration & Production Limited of the revocation of OPL 2002, citing the company’s failure to pay $33 million, representing 50 per cent of signature bonus within 90 days from June 1, 2015 when the settlement agreement was reached. The revocation prompted Hi Rev Exploration to seek legal action against Kachikwu as the President, who doubles as the Minister of Petroleum enjoys immunity.

ACCOUNTANT GENERAL: TSA NOW OVER N7TN be briefed by the Minister of Finance. They have seen the openness and have accepted what government has put in place and the economic team. This is why we are achieving remarkable success amidst recession,” he said. On staff welfare, Idris said: “The welfare of the staff of the Office of the Accountant General of the Federation is one of my cardinal objectives since I assume office. It is even a core objective I must say as managers of the treasury. Welfare as you may know promotes the best out of the staff apart from making them serve the system very well. There are different types of welfare for the staff of the OAGF. Some border on entitlements, training to enhance the capabilities of the staff. We have also done very well in the provision of brand new staff buses we sourced from public spirited organisations including banks.” “On the part of the Federal Treasury Academy, we have done very well in building hostel facilities, renovation of infrastructure and provision of generators, furniture for the

classrooms and the auditorium and the provision of sporting facilities among others. Right now, there is an ongoing discussion with some real estate developers to build four hundred one bed-room and two-bedroom houses at our land situated at Federal Treasury Academy Orozo, Abuja.” According to him, “these developments are targeted at lower cadre officers. All these are some of the initiatives we have put in place. We pay the first 28 days to staff on first come first serve basis and each month we set aside the sum of N5 million towards that. Any staff that gets admission to tertiary institutions on part-time basis and would not disrupt his or her job schedule is allowed. So far we have given approval to such staff almost one thousand, most especially Nasarawa State University and University of Abuja. “We train them and also promote them, we maintain facilities here at the headquarters, we maintain and buy new furniture, apart from making the office environment

DIPLOMATIC VISIT

L-R: Chinese Ambassador to Nigeria, Zhou Pingjon; Minister of Information and Culture, Alhaji Lai Mohammed; Permanent Secretary ministry, Mrs. Ayotunde Adesugba; and Liaison Officer, Mr. Lawal Sale, during a courtesy visit by the Chinese Ambassador to the minister in office in Abuja...recently

Go Beyond Sacking Ofﬁcials Involved in Oil Theft, Senate Tells NNPC Damilola Oyedele ÓØ ÌßÔË The Senate has urged the Nigerian National Petroleum Corporation (NNPC) to go beyond mere sacking or redeployment of some officials involved in theft of 132 million liters of fuel, but to embark on a complete restructuring of its operations to avoid recurrence of such incident. The upper legislative chamber, reacting to the recent sack of some officials of the oil corporation for the theft of petroleum products kept in the tank farms of two firms: MRS Oil and Capital Oil, noted that the current structure of the NNPC’s

operations allows its officials and other firms to appropriate national resources for personal use. In a statement issued by its spokesman, Senator Sabi Abdullahi, yesterday, the Senate recalled that the NNPC took the recent action in response to a motion moved by the Chairman of its Committee on Petroleum Downstream Sector, Senator Kabiru Marafa. “The Senate is appalled that NNPC is not contemplating on doing something about the involvement of officials of the Petroleum Products Marketing Company (PPMC) which actually played key roles in the missing products

case,” Abdullahi said. “It is instructive that NNPC did not do anything on the case until the matter was raised on the floor of the Senate and the press picked the matter up from the motion. The unauthorised sale of 132 million litres of fuel kept in the storage tanks of MRS and Capital Oil designated as strategic reserves is a grave occurrence. This probably is not the first time it is happening and NNPC must review its operations. It should in fact carry out a shake up in the PPMC,” Abdullahi stated. Following the Senate debate of the motion on the theft of the fuel, the NNPC sacked

two senior officials and redeployed some others. Its spokesman, Ndu Ughamadu, said the sack and deployment were in line with the ongoing reforms the corporation initiated to cleanse it of corruption. The NNPC lost 130 million litres through a breach in its throughput transactions with MRS and Capital Oil, the statement read, adding that while MRS had returned the product it sold from the stock Capital Oil is yet to refund the 82 million litres it sold, insisting that NNPC owed it on past business transactions. The fuel sold by Capital Oil is allegedly valued at N11 billion, the statement added.

TUESDAY, APRIL 18, 2017˾ T H I S D AY

NEWSXTRA

Olanipekun Refutes Being Author of ‘No One is Fighting Corruption, It’s a Circus Show’ Akinwale Akintunde A Senior Advocate of Nigeria (SAN), Chief Wole Olanipekun,

has refuted a story with the headline: ‘No One is Fighting Corruption, It’s a Circus Show,’ attributed to him by some

PRESCOM: Nigeria Lags Behind ECOWAS Countries in Arms Marking The Presidential Committee on Small Arms and Light Weapons (PRESCOM) has said Nigeria is lagging behind other ECOWAS countries in the tracing, marking, security and safe-keeping of weapon stockpiles. This is coming as the stakeholders in the elimination of Small Arms and Light Weapons (SALW) have called for the speedy passage of the bill for an Act the National Commission on SALW (NATCOM). The Chairman of PRESCOM, Ambassador Emmanuel Imohe, disclosed this at end of the two-day high-level sensitisation/advocacy seminar on marking, record keeping and tracing of SALW in Abuja organised with the support of the Bonn International Centre for Conversion (BICC) and Office of National Security Adviser (ONSA). Imohe in his remarks made available to journalists yesterday, however, assured that by the virtue of the high-sensitisation programme, Nigeria is kick-starting the process of catching up with the rest of the sub-region. He noted that the ECOWAS Convention on SAWL mandates member states to embark on a comprehensive weapons and ammunition marking programme, which is the need to bring about better accountability on the part of governmental organisations in

the security and safe-keeping of the government stockpile of weapons. “I should mention, at this juncture, that the rest of Africa is already taking the lead on this project,” he noted. He said: “ By embarking on weapons marking programme, Nigeria will be answering to one of the very critical international and regional requirements foe stemming the tide of the proliferation and loose movement of illicit weapons within our jurisdiction. “Markings in general involve the process of stamping or engraving unique identification information or codes on weapons to ensure that their passage from manufacture to end-user could be accounted for. It is like imprinting a DNA on the weapons and ammunition.” In the same vein, the Commissioner, Political Affairs, Peace and Security, ECOWAS Commission, Mrs. Halima Ahmed, commended Nigeria for starting the process of institutionalising the weapons marking exercise in compliance with the provisions of Article 18 of the ECOWAS Convention on Small Arms. Ahmed expresses optimism that the process will give the needed push to the “on-going effort at ensuring strict compliance with the various provisions of the convention.

media platforms particularly the online and social media. According to a statement he made available to THISDAY yesterday, he the said story was sad to be extracted from a portion of the convocation lecture he delivered on March 30, 2017 at the Ekiti State University (EKSU) which was titled ‘Breaking the Jinx - The Cyclical Nature of Nigeria’s Problems’. The senior advocate said for non-altruistic reasons, some lines, words, adjectives, sentences and phrases which were not part of the lecture were quoted and, in a most unfair manner. “My attention has just been drawn to the above-captioned publication which is now making the rounds on various media platforms, particularly the online and social media in the said publication, for non-altruistic reasons, a portion

of the convocation lecture I delivered at the Ekiti State University (EKSU), as part of the events marking the 22nd convocation ceremony of the university titled ‘Breaking the Jinx - The Cyclical Nature of Nigeria’s Problems’ on March 30, 2017, was quoted and, in a most unfair manner, some lines, words, adjectives, sentences and phrases which were not part of the lecture, and I never intended to include in the lecture, have now been added under the above caption, and has now been published, distributed, and disseminated as having emanated from me, and also as my reaction to the discovery of large sums of money in different currencies by the Economic and Financial Crimes Commission (EFCC) at a residential apartment in Ikoyi, Lagos,” he added. Olanipekun, a former President of the Nigerian

Bar Association (NBA), said without being immodest, he had been intervening in national affairs over the years with altruistic and patriotic motives as part of his contributions to the larger and enduring interest of the Nigerian collective, but that the said publication is not his and not only strange but also alien to him. “The public is hereby informed that the said publication is not mine. It is not only strange, but also alien to me. I did not make or authorise it, neither did I grant any interview, make any comment or express any opinion, either in respect of the discovered cache, the EFCC as an institution or Mr. Ibrahim Magu as a person. The EFCC disclosed the discovery of the different cash sums to the public on April 12, 2017 whilst

the convocation lecture I delivered at EKSU was so done on March 30, 2017. Naturally and logically, on the said March 30, 2017, I could not have commented on an event that was to occur thirteen days thereafter. While dissociating himself from the said publication, the legal icon advised those behind the said story to refrain from its continued publication or be bold enough to put their names as the authors. “Having put the foregoing on record, I dissociate myself wholly, completely and universally from the publication, and advise those behind the said story to refrain from its further or continued publication, or be bold enough to put their names as the authors and/ or publishers,” he added.

RESOURCE PERSONS

L-R: Chief Operating Officer, 141 Worldwide Advertising, Bunmi Oke; Convener, Double Impact Platform, Co-Founder and Executive Director, Falcon Corporation Limited, Audrey Joe-Ezigbo; Principal Partner, Azimuth Nigeria Limited, Kola Oke; Managing Director, Verbatim Communication Limited, Bidemi Mark-Mordi, at the April edition of Double Impact in Lagos...recently.

Glo Kick-starts Nationwide Mega Music Tour in Awka IPC Condemns Gruesome Telecommunications company, at the seams with a sensational Emiboizy, Titilaptop, Emkizzy, crowd wild in ecstasy. The entrance of the dance last Saturday feeling for over 6 hours. The Tonero, Videch and Zyryes, who Killing of Bayelsa Journalist, Globacom, kick-started its Mega Music show was anchored by two all showcased their talents to hall act, Runtown, took the Tour in Awka, Nollywood top rated actresses, the admiration of their fans. show to an even higher Calls for Urgent Investigation Nationwide Anambra State, with multiple Mercy Johnson Okojie and Two Glo subscribers, who level as he performed his Nigeria has condemned the brutal murder of Mr. Famous Giobaro, of the Bayelsa Stateowned radio station, Glory FM 97.1, who was shot dead by unknown gunmen at his residence on April 16, 2017. Giobaro, who worked as a Desk Editor in the station, was reportedly attacked in his house located in a mini estate at the INEC Road area in Yenagoa, the state capital, by unknown gunmen who broke into his apartment around 5a.m. and shot him many times in the stomach at close range and left without stealing anything. It was gathered that the killers gained access to his house by climbing the fence through a ladder after cutting the barbwires. Director of IPC, Mr. Lanre Arogundade, in a statement yesterday (April 17, 2017), said the killing of the journalist brings to fore serious concerns for the safety of journalists in Nigeria.

“We are calling on the Bayelsa State Government to show commitments and investigate the alleged assassination of Giobaro who is a staff of the state government. This is one incident that should not be allowed to lie low and we also call on the Inspector General of Police to investigate the matter with a sense of urgency,” Arogundade stated. According to Arogundade, the killing has again reinforced IPC’s beliefs that journalists’ are under threat in Nigeria. “We have had many unresolved issues with journalists in recent past and it will be a rape on democracy under this dispensation if a journalist can just be gunned down in such a manner,”Arogundade added while sympathising with family members of the journalist and the Bayelsa State Council of the Nigerian Union of Journalists (NUJ) in particular.

waves of musical explosions that kept young residents of the prime Eastern city elated and energised. The music concert held at the Marble Arch Event Centre, paraded a galaxy of stars from the nation’s music and Nollywood industries. It proved to be a perfect Easter gift for fun seekers in the Anambra State capital and environs as they were treated to the best of music and dance. Six A-list music stars including the darling of Marvin Records label, Di’ja, Afropop poster boy, Timaya, King of the Streets, Olamide, Nigeria’s fastest rising music superstar Runtown, Queens of Afropop, Yemi Alade and Omawumi, performed at the show and unleashed a kind of kinetic energy Awka has never seen before. The crowd responded in equal measure and released a corresponding zestful energy which kept the show bursting

Ebube Nwagbo. Legends in the nation’s movie industry such as Patience Ozokwor, aka Mama G, Richard Mofe-Damijo, RMD, and the lead character in the TV Series, Professor Johnbull, Kanayo O. Kanayo, made celebrity appearances at the show to the delight of the crowd. They were complemented by the delectable actress, Angela Okorie, Among top government dignitaries who enjoyed the show were the Secretary to Anambra State Government (SSG), Professor Solo Chukwulobelu, the Managing Director of Operation Clean and Healthy Anambra (OCHA Brigade), Hon. Kenneth Okonkwo, and the MD/CEO of Anambra State Broadcasting Service (ABS), Nze Uche Nworah. The show opened with dancing competitions, followed by performances by local artistes in Awka such as

had already competed in the online engagement activity vide #glosings60seconds, Endless Pella Iyke and Chief Priest, also used the platform to demonstrate their talent. Di’ja, who opened the night, was awesome as she moved from one hit track to another. She complemented her performance with the introduction of Thelma, an Igbo ethno-rapper, who proved that what Phyno can do, a woman can also do. She was an instant hit with the crowd. The next act of the night was Omawumi and her band. The Itshekiri-born singer was simply indescribable as she performed her hit tracks, kokoma, What a Bang Bang, Bonsue, Somori and As I Dey. RMD, who appeared on stage to educate the crowd about the Glo Café application, took time to mime Phyno’s Fada Fada track and dished out some dancing steps that sent the

songs including Fijo Gbowo, Emergency, Bend Down Pause, Walahitalahi, Superwoman and Mad Over You. Yemi Alade and her band added great energy to the enthralling night as she sang her hit tracks: No do me, Kom Kom, Kissing, Ferrari, Taking over me, Charlie, Tangerine and Pose. The crowd could not contain the excitement each time Yemi Alade paused and froze during her break dance. Timaya, who followed immediately with his Dem Papa signature tune dazzled the crowd further with I concur, Overdose, Money no dey, closing with Won fe pami. Just when the evening was reaching its crescendo, Olamide came on stage and held the thousands of people in the hall captive for over 40 minutes. In quick succession, he raced through all his hit songs, making the crowd to scream endlessly. A few of the

TUESDAY, APRIL 18, 2017˾ T H I S D AY

CRIME&PUNISHMENT

Arase: How to Detect, Prevent Crimes in Nigeria Christopher Isiguzo in Enugu A former Inspector-General of Police (IG), Mr. Solomon Arase, at the weekend advocated a new legislation or amendment of extant laws to make installation of Close Circuit Television (CCTV) cameras as compulsory components for approval of public and commercial buildings in Nigeria. This came as the incumbent IG, Ibrahim Idris, declared that for the country to effectively tackle the increasing spate of crimes and criminality, all segments of the nation’s security especially the police, Department of State Services (DSS) and the military must unite and pull efforts together. Idris said the present day crimes had become more organised, complex and sophisticated and as such required team work to be checkmated. Speaking in a paper he presented during a sensitisation workshop for law enforcement agencies on telecommunications issues, organised in Enugu on Wednesday by the Nigerian Communications Commission (NCC), Arase stated that the deployment of CCTV and other ICT tools would help in detection and prevention of crime in the country as they have done in other developed nations. The former IG stated that ICT knowledge does not depend on rant, advocating that officers with a good knowledge of ICT should fished out and properly deployed while new ICT-

compliant officers should be recruited to enhance prevention and detection in modern ICT society where crimes have gone dynamic. He said it was the effective use of the ICT that helped the police apprehend the suspected Fulani herdsmen that attacked Nimbo community in Enugu State in 2016, as well the kidnappers of former Secretary to the Federal Government of the Federation and elder statesman, Chief Olu Falae, seven of whom he had been convicted recently. “While ICT has assisted in dealing with security issues, it has also compounded security too because the criminals, the oraganised crimes we are dealing with, those guys are also very conversant with ICT, so you must be a dynamic security agent to be ahead of them because they keep on deploying it. I’m sure you read about two or three days ago how they said South Korean people were trying to hack into our banks, it’s an international crime, organized crime and it is trans-national; so you must be able to have the wherewithal, the intellectual depth to be able to deal with the issues,” he said. In a keynote address, the IG, Idris, who was represented by the Assistant Inspector General of Police (AIG) Zone 9, with headquarters at Umuahia, Abia State, Mr. Hosea Hassan Karma, said security agencies must think afresh and acquire new skills and knowledge from the workshop, and chart a new course in the enforcement of the laws and other extant regulatory

Seven Arrested over Alleged Assassination Attempt on Melaye Yekini Jimoh in Lokoja Kogi State Police Command has arrested seven persons in connection with the assassination attempt on Senator Dino Melaye in his country home, Aiyetoro-Gbede, in the state. The assassins had last Saturday invaded the house of Melaye, shooting sporadically which destroyed two vehicles and riddled his building with bullets. THISDAY reliably gathered yesterday from sources close to the state Police Command that when members of Criminal Investigation Department (CID) searched the home of the Administrator of Ijumu Local Government Area, Hon. Taofiq Isa, at Odokoro, a suspected black Prado Sport Utility Vehicle (SUV) used for the operation was recovered alongside ammunition. The sources further disclosed that the seven suspects were arrested at different locations while the black SUV and the ammunition have been impounded by the state police command. It was

also gathered that the security agents are still hunting for the remaining suspects while the command has ordered Isa to report to the state police command. Meanwhile, the state Police Public Relations Officer, William Ayah, while reacting to the report, said investigation was still on. However, the Ijumu administrator, Isa, who doubles as the ALGON chairman, had earlier denied any involvement in the assassination attempt. According to him, he had been busy attending to his wife who is ill. He urged Dino to prove his allegation against him, saying: “I’ve never been a violent man. My running battle with Dino if any is because I have asked him to stop vilifying the state Governor, Yahaya Bello. “Let him (Dino) prove it. I lost my uncle a week ago, and I’m still attending to my ill wife as well as busy supervising the APC re-registration programmes. I’m democratic and law abiding. I challenge Dino to prove his case.”

instruments designed to beat all forms of criminality. “We must strive to always accommodate and co-operate with each other including institution of national strategic and economic importance in the discharge of onerous function of security-tending of our country as no organisation

has the capacity to do it alone.” Earlier in a welcome address, the Executive ViceChairman/CEO of NCC, Prof. Umar Garba Danbatta, stated that the workshop was organized to sensitise law enforcement officers on some key challenging issues in telecommunication regulation

in Nigeria, stressing that it is one in the series of organised conscious self-activity of the commission instituted to underline our belief in forging strategic partnerships with a spectrum of stakeholders. Represented by the Head, Compliance, Monitoring and Enforcement, Efosa Idehen,

Prof. Danbatta disclosed that the long term objective of the workshop is to enhance the commissions’ ability to regulate effectively in order to consolidate the exponential gains recorded in the telecommunication industry in Nigeria.

FREE TRAIN RIDE A cross-section of Easter holiday makers returning to their various destinations from the Osogbo Railway Terminous through the free train ride provided by the Osun State Government...yesterday

Security Agencies, CSOs Seek End to Violence against School Children Emmanuel Addeh in Yenagoa The Face Initiative, a civil society organisation, in collaboration with the police, the International Federation for Women Lawyers (FIDA) and other stakeholders, have called for an end to violence against school children, especially during school hours. The groups said in Yenagoa, the Bayelsa State capital, yesterday that they were worried by what they described as the “alarming rate of violence against students in Bayelsa State,” by those supposed to protect them. To this end, the Face Initiative, is seeking a framework for dealing with issues bordering on cases of infraction or violence inflicted on school children in the state

by teachers and other educators in Bayelsa schools. Presenting what it said was a comprehensive research project on the subject to the authorities of the Bayelsa State Ministry of Education, the group particularly urged the government to rid the state of gender-based violence in all public and private schools in the state. “Part of the recommendations in the research is the need for the government to instill discipline in all schools in the state, and the need for all students to be compelled to leave the school premises back to their respective homes immediately the last bell rings. “This is because a greater proportion of violence against students take place in the

school,” Inatimi Odio, the Executive Director, Face Initiative said. During the workshop in Yenagoa, Mr Odio posited that children are exposed to several forms of violence at school and urge the stakeholders to work towards ending the menace. He noted that the stakeholders’ workshop was meant to sample views as to how to end the raging issues in the state. In his comments, a lecturer at the Niger Delta University (NDU) Prof. Ibaba Ibaba, who was the lead speaker at the event, stressed the need for the society to give attention to gender based-violence. He also urged the Bayelsa State Government to get a policy framework to deal with issues relating to violence in

schools in the state Ibaba, who highlighted some forms of school related gender based violence, stated that some major culprits in the violence against students, especially female children, were male corps members and school teachers. However, he faulted the school managers for what he described as their “inability to regulate the school environment for effective and violence-free learning” In their separate goodwill remarks, the Chairman of FIDA in the state, Dise Erhisere, senior police officers as well as Powei Otrofanowei, a representative the state Ministry of Education, vowed to ensure that the menace was nipped in the bud.

Abductors of Ondo Oba Reduce Ransom to N3m James Sowole in Akure Abductors of a first class traditional ruler, the Oniyani of Iyani Akoko in Akoko South West Local Government Area of Ondo State, Oba Joel Sunday Daodu, yesterday slashed the ransom demanded for the release of the monarch to N3 million. A source close to the family told THISDAY that the abductors, who called a family member asked the family to make the money available today (Tuesday) by 9a.m.

However, the abductors, who at the weekend asked the family to make available N15 million for the release of the monarch, did not disclose the place where the money should be dropped. Speaking on the matter, the Police Public Relations Officer for the Ondo State Command, Mr. Femi Joseph, said men of the command were monitoring the abductors giving the assurance that the monarch would be freed. Joseph, who did not disclose how much the men had gone said the command was on top

of the situation to ensure the safe return of the oba. The monarch was kidnapped last Saturday along Ose Oba Akoko axis of Ikare-Owo road almost the same spot where the Regent of Akungba Akoko, Princess Toyin Omosowon was kidnapped about two years ago. It was gathered that the monarch was riding in the same vehicle with his second in command when the abductors struck. Speaking on the incident, the Olowa of Ogbagi said it is high time that the government

provide security for monarchs. He said they had written to the government on the need for at least on policeman for monarchs but nothing had been done. He also decried the treatment being given to traditional rulers, who were being treated with respect in the past but had not been turned to another thing. The monarch therefore demanded that government should revert to the old tradition whereby Oba were being treated with respect and honour.

TUESDAY, ͹΀˜ ͺ͸͹Ϳ ˾ T H I S D AY

TUESDAYSPORTS

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

CONFED CUP

Adokiye Cautions Rivers Utd to be Warry of Rayon Sports Femi Solaja with agency report Following the two nil win by Nigeria’s only hope in continental club competition, Rivers United over Rayon Sports of Rwanda, former International, Adokiye Amiesimaka has warned the players to be prepared for a stiff challenge in the reverse fixture of the CAF Confederation Cup playoff tie. The Nigerian club had brushed aside the Rwandans on Sunday in the first leg match at the Yakubu Gowon Stadium, in Port Harcourt to put themselves in the driver’s seat for qualification for the group stage of the competition. But Amiesimaka, a member of Nigeria’s Africa Cup of Nations (AFCON) winning squad of 1980, who watched the match, has now urged players and the technical crew not to be lulled into a false sense of security. “First, I want to say congratulations to Rivers United FC of Nigeria for an encouraging performance (on Sunday),” Amiesimaka remarked “A 2-0 (result) is as good a scoreline as any. Only 1-0 may turn out to be safe, just as 4-0 may not be safe. “In this game, any margin is as safe or precarious as you make it. “It is possible to lose at home, but win away. It is possible to win at home and also win away. “It is possible to win at home, but lose away. It is possible to lose, home and away. “Each instance has happened before. Any result is possible. To win is simply to make sure you score more goals than you concede,” he said. The former chairman of defunct Sharks Football Club then urged the Rivers United team to press home their advantage in the return leg by playing to their strengths while ensuring their underbelly is not exposed. “Know your strengths and build on them. Know your weaknesses and strive to

Rivers United players celebrating the second goal prevent your opponents from capitalising on them. “In like manner, know your opponents’ strengths and strive to neutralise them, just as you should identify their weaknesses and work to capitalise on them. “That is what the game is, a contest of wits, whether home or away and as long as refereeing is fair, it shouldn’t make much difference to any solid team with the right attitude whether it is playing home or away,” Amiesimaka concluded. The second leg match comes up on April 22nd athlete imposing 300,000 capacity Amahoro stadium in Kigali. Rivers United needs to avoid three goals deficit without scoring and be assured of a place in the group stage of the African club second tier club competition.

Ighalo Out for One Month with Ankle Injury Super Eagles forward, Odion Ighalo will reportedly be out of action for a month after the Nigerian striker picked up an injury in Chinese Super League action over the weekend. The Super Eagles player left the pitch in the 73rd minute of Changchun Yatai’s 3-2 loss to Shanghai Shenhua on Saturday. Ighalo was immediately rushed to hospital near the Development Area Stadium, with the club fearing that he has has suffered a recurrence of an old injury as he was felled on the ankle. Initial reports suggest the former Watford player will spend four weeks out of action. The good news for Super Eagles coach, Gernot Rohr is

CAF: Glo Congratulates Ahmad, Pinnick National telecoms operator and passionate corporate supporter of football in Africa, Globacom has congratulated the newly inaugurated President of Confederation of African Football, Mr. Ahmad Ahmad and the President of Nigeria Football Federation, Mr. Amaju Pinnick who was recently elected as a member of CAF Executive Committee. In a press statement in Lagos yesterday, Globacom described

the victory of Ahmad as a fitting proof of his sterling leadership qualities in the world of football. “As a business that is highly committed to the promotion of football in Africa as evidenced in our sponsorship of CAF Awards for the past 12 years, we want to reassure you of our support in your quest to move African football forward,” Glo said. The company added that

Ahmad’s wealth of experience will not only usher in a new era of innovation and positive change in CAF, but will also lead African Football to unprecedented heights during his tenure. Congratulating the Nigerian Football Federation President, Globacom affirmed that African Football and indeed Nigerian Football will benefit immensely from Pinnick’s determination and wealth of administrative

experience in football at the grassroots and national level. “This is a well-deserved elevation. It is an attestation to your hard work and dedication to the round leather game,” Glo said in the letter. The company prayed that God will continue to endow the two football administrators with excellent spirit, good health and divine wisdom in the discharge of their new roles in African football.

ZENITH WOMEN’S B’BALL LEAGUE:

First Bank, Dolphins Win again as First Phase Ends The first phase of the National Women’s Basketball League sponsored by Zenith Bank ended yesterday in Abuja. A total of 18 teams from various parts of the country took part in the competition which started on April 10 at

the Package B Sports Hall of the National Stadium in Abuja. However, three top contenders maintained an unbeaten run so far in the league series which is expected to continue in Kaduna from May 1. First Bank, Dolphins and

Customs after the last round of matches maintained unbeaten run in the event. First Bank defeated Taraba Hurricane 60-15, Dolphins whipped Zamfara 71-27 while Customs defeated Oluyole Babes 70-21.

The phase two expected to take place in Kaduna could witness more fireworks when the top teams meet one another. From Abuja, the league moves to Asaba, Ibadan and the grand finale is scheduled to take place in Lagos.

Ukpong Anticipates Tough Challenge in Jide Bademosi U-19 Cricket Tourney

Ighalo that the injury will not affect his availability for the team’s next competitive fixture, a 2019 Africa Cup of Nations qualifier against South Africa in early June.

Tournament coordinator for the First Jide Bademosi U-19 cricket tournament,Okon Ukpong foresees a tough contest among the four teams that will be taking part in the tourney meant for teams in the South West region. The tournament gets underway from tomorrow at the Liberty Stadium Ibadan. Organisers said only four states; Lagos, Ogun, Osun and host Oyo will be represented in this maiden edition, which is an initiative of Energy and

Mineral Resources(EMR) who are also the sponsors. Team Osun have already arrived Ibadan and are training hard to ensure they get acclimatised to both the playing conditions and the facility on offer. “They have been in Ibadan for two days now,” Ukpong said yesterday in Lagos, pointing out that Osun’s early arrival could give them an advantage over other teams from outside Ibadan.

“It is not going to be business as usual for the teams because the level of seriousness among them is high and I predict a very keen competition ahead,” he added. As he spoke, the Lagos U-19 team was in training at the Tafawa Balewa Square Cricket Oval in preparation for the tournament. Team co-ordinator and First Vice Chairman of the Lagos State Cricket Association, Barnaby Ephraim told our reporter that Team Lagos was

targeting history. “We want to be the first winners of this tournament and the trophy. We will do our best to ensure we come back victorious,” he stressed. Chairman of EMR, Seye Fadahunsi said they decided to sponsor the four-day event as part of their corporate social responsibility. “We want to provide a platform where budding cricketers will meet, socialise and foster relationship among themselves.

T H I S D AY ˾ TUESDAY, APRIL 18, 2017

TUESDAYSPORTS

UEFA CHAMPIONS LEAGUE

Shaky Madrid Defence Set for Lewandowski Challenge Real Madrid’s struggling defence will probably have to keep Bayern Munich’s deadly striker Robert Lewandowski at bay in the Bernabeu to reach the Champions League semifinals. Real will be defending a 2-1 lead from the first leg of the quarterfinal, which the Polish hitman missed with the shoulder injury that also kept him out of the German side’s 0-0 draw at Bayer Leverkusen in the Bundesliga on Saturday. However, Lewandowski trained on Sunday and is poised to return as Bayern look for goals tonight against a Real side that have kept only one clean sheet in their last 12 games. “I’m fine. I’m very pleased I was able to take part in training today. Everything’s OK,” said the Pole, who is Bayern’s top scorer with 38 goals in 40 games in all competitions. Javi Martinez is banned after his first-leg red card, while Bayern may also be without the injured Mats Hummels and Jerome Boateng, who both missed the Leverkusen clash. “Of the three (injured), Lewandowski has the better chance of being fit to play,” said Bayern manager Carlo Ancelotti. “It will be very difficult in Madrid but we still have confidence. We still have an opportunity and we’ll do our best.” Lewandowski has seven Champions League goals, level with Borussia Dortmund forward

UEFA Fixtures Today Leicester vs Atletico Madrid Real Madrid vs Bayern M

Real Madrid players in their final training ahead of the match against Bayern Munich tonight Pierre-Emerick Aubameyang and only behind Barcelona’s Lionel Messi (11) and Paris St Germain’s Edinson Cavani (8). He is also joint top of the Bundesliga scoring charts with Aubameyang on 26 goals this season. Lewandowski joined Bayern from Dortmund in 2014, a few

months after Real Madrid knocked the Bavarians out of the Champions League at the semifinal stage. Bayern were thrashed 5-0 on aggregate three years ago but Madrid’s defence is weaker now than it was then. Pepe broke two ribs in this month’s Madrid derby with Atletico and misses the Bayern game along

with French centre-back Raphael Varane, who still has a hamstring problem. That leaves Sergio Ramos and Nacho Fernandez as the pairing at the heart of the defence for Real, who are also without forward Gareth Bale due to his calf injury. Madrid last kept a clean sheet

against minnows Alaves on 2 April, and have not looked solid at the back all season. They beat Sporting Gijon 3-2 on Saturday but conceded two sloppy goals, needing a 90th-minute winner from Isco to help them keep title rivals Barcelona at arm’s length. “They had two chances and

scored two goals,” Real coach Zinedine Zidane said after the game. “(The players) all lost concentration, we weren’t switched on for the free-kick (that led to Sporting’s second goal).” The Madrid side could pay a high price for any similar slip-ups against Bayern, particularly with Lewandowski lurking.

Terry Set for Chelsea Ambitious Leicester Plots Atletico’s Downfall Exit Chelsea captain John Terry will leave the club at the end of the season after more than two decades there. He is their most decorated individual, with four Premier League titles, one Champions League, five FA Cups, a Europa League and three League Cups. He has made 713 Chelsea appearances since his 1998 debut - 578 as captain. “I feel I still have plenty to offer on the pitch but understand that opportunities here at Chelsea will be limited for me,” Terry, 36, said. Centre-back Terry, who has scored 66 goals for the club he joined as a 14-year-old, has made just four Premier League starts this season. He is the club’s third highest all-time appearance maker, behind Ron Harris and Peter Bonetti, and holds the club record for appearances as captain Terry, who made his debut for Chelsea as a 17-year-old in a 1998 League Cup match, has gone on to score 40 Premier League goals over 19 years. He has played almost all of his career at Chelsea, other than six loan appearances for Nottingham Forest in 2000.

“I will, of course, always be a Blue and am desperate to end my final season as a Chelsea player with more silverware,” said Terry, whose team have a four-point lead at the top of the Premier League table. “I’ve always been conscious that I depart at the right time, in the right way, and I feel that the end of this season is the right time for the club and I.” Terry, the club and Premier League’s top-scoring defender, is one of just five defenders to have won the PFA Player of the Year award. He retired from international football in 2012 after winning 78 England caps and signed a one-year contract extension with the Blues in May 2016. “I’m eager to carry on playing and so will be looking to continue with a new challenge,” Terry added. “Words cannot describe the love I have for our football club and our amazing Chelsea fans. You mean the world to me and I will never forget the incredible journey we’ve been on.” Chelsea director Marina Granovskaia said: “He will always be held in the highest regard by everybody at Stamford Bridge and we look forward to welcoming him back in the future.”

Leicester City remain a surprise guest at the top table of European football but a place in the Champions League semifinals beckons if they can overturn a 1-0 first-leg deficit against Spanish heavyweights Atletico Madrid. The Premier League outfit have made a remarkable progression to the last eight and on Tuesday face a side who have thrived on adversity to compete in two Champions League finals in the last three years, having made it to four successive quarterfinals. Leicester were outclassed for large parts of the first leg at a fervent Vicente Calderon Stadium but, crucially, return to the King Power Stadium tonight with their storied opponents well in their sights after Antoine Griezmann’s solitary goal. “I think they are betting everything on the second leg,” Atletico’s charismatic manager Diego Simeone told reporters after a tough first encounter with the Midlands side. “It was a hard-fought match. It’s a good win for us but the second leg will be difficult. It’s all still to play for. “As for the second leg, we anticipate a fantastic English atmosphere. The tie is still 50/50. Nobody sees us already in the semifinal.”

Leicester Coach, Shakespeare (middle) in ﬁnal training session with his players… yesterday In the last round, Craig Shakespeare’s Leicester side overcame a similar 2-1 deficit against Sevilla, winning 2-0 at home in the return to set up the Atletico showdown. Once relative Champions League unknowns, however, Atletico are now true European giants and will provide the sternest test yet of Leicester’s fairytale continental adventure. “We know we have to be more open because we need a goal and one of Atletico’s plusses is their ability on the counter-attack,” Shakespeare told reporters after the defeat in Madrid.

“But we are still alive and we want to stay in the competition. I have seen enough throughout the squad. We know what we are about at the King Power and know what we need to do. “Atletico are a very good team, their work ethic is exceptional. We are aware of that, but we are still in this tie. “We know it is a going to be a very difficult return match, but we have very good record at the King Power.” Atletico welcome back striker Kevin Gameiro, who missed the first leg with hamstring problems, to the squad, but are without midfielder Tiago,

who returned from injury as a late substitute in Saturday’s 3-0 Liga win over Osasuna but has been left out. Atletico’s Croatia defender Sime Vrsaljko and Argentina midfielder Augusto Fernandez are also missing through injury. English champions Leicester, meanwhile, could be without several key defenders through injury and suspension. Captain Wes Morgan has not played since the return leg with Sevilla and is doubtful, Robert Huth is suspended while Yohan Benalouane limped out of Saturday’s 2-2 draw at Crystal Palace.

T H I S D AY TUESDAY APRIL 18, 2017

Mrs Olufunke Sunmonu September 12, 1956 - April 3, 2017

With a deep sense of loss but total submission to the will of God, the Sunmonu Family announces the passing away of their Wife, Mother and Grandmother, which occurred on April 3rd, 2017 after a brief illness. Survived By: Husband, Children and Grandchildren

BURIAL ARRANGEMENT Wednesday, April 19th, 2017 at 5.00pm Service of Songs at RCCG, City of David Parish. 1 COD Church Road, Off Ligali Ayorinde Street, Victoria Island Extension, Lagos.

Thursday, April 20th, 2017 at 10.00am Funeral Service at RCCG, City of David Parish. 1 COD Church Road, Off Ligali Ayorinde Street, Victoria Island Extension, Lagos.

May her gentle soul rest in the bosom of God Almighty. SIGNED:

Mr. Mutiu Sunmonu CON On behalf of the family

Tuesday April 18, 2017

UT H

& RE A S O

Price: N250

MISSILE AI to FG “In 2016, Oyo State passed a law making kidnapping punishable with execution... These steps by state and federal authorities are retrogressive and unjustiﬁable as there is no evidence to suggest that the death penalty deters crime more eﬀectively than other punishment, or that it serves any useful deterrent purpose.” – Amnesty International (AI) giving a thumbs down to the federal government in its recently released 2016 report, which placed Nigeria second behind China among countries still prescribing capital punishments unmindful of the sanctity of human lives.

TUESDAY WITH REUBENABATI abati1990@gmail.com

The Abuja-Kaduna Airports: A Testimony

have just returned from Abuja travelling through the Kaduna airport. As we disembarked from the aircraft and moved towards the arrival section, I could hear an announcement being made. The diction of the announcer was clear. She didn’t sound like those On-Air-Personalities (OAP, they are called) who speak as if they have hot water on their tongues. Airport continuity announcers in Nigeria tend to imitate these OAPs. This has been for me a great source of irritation. The last time I travelled from Lagos to Abuja, for example, I missed my flight because I just could not figure out what was being said. I was stranded because someone chose to speak fake English. The electronic boards at Nigerian airports where they are available, are unreliable and so, you invariably have to rely on those announcements. The way I go round this sabotage is to keep asking people, or going to the departure gate to find out if the flight had been called or not. So, when I got to Kaduna and found a difference, I was glad that the bad habit at the Lagos and Abuja airports had not yet been exported to Kaduna. It was also the first time I would travel in that direction since the Abuja airport was shut down and traffic was diverted on March 8, to Kaduna, to allow the Federal Government repair the damaged runway in Abuja. Six weeks, they said it would take. I found myself in Kaduna five weeks later. I met an upgraded Kaduna International Airport. The upgrade is not yet completed but I hope when the diverted traffic from Abuja disappears, the uncompleted parts of the airport will be sorted out and the airport can be put to better use, and not abandoned, and the investment would not be allowed to waste. At the arrival section, a group of persons reiterated the announcement that had been made as we arrived. “Free buses to Abuja are available, please join the buses outside to take you to Abuja, show your ticket and boarding pass please”. Another lady said: “if you want to travel by train, please join the buses outside to take you to the train station, it is free.” This got me curious. It turned out that the Federal Government had indeed made arrangements to make life easier for persons who had to travel from the Kaduna airport to Abuja. I took a look at the buses. Chisco buses. Coaster buses. I also spoke with a few persons who had travelled through the Kaduna airport en route Abuja. The feedback was positive. I was told the bus ride takes about three hours, the train ride about one hour, twenty minutes. But one guy differed. “I think,” he said, “it is better to charter a cab. If you take a cab, you can get to Abuja in about two hours. If you take the bus, you may have to wait for the bus to fill up, and then for security reasons, the drivers will not drive fast, if you are not careful, you could be on the road for four hours.” “I guess security is more important than speed”, I said. “But they will go and drop you at the Abuja airport, and you will spend another one hour getting to the town, and in that case, you will still have to take a cab and pay.” “Why Abuja airport?”

Sirika “That is what they do” “But come to think of it, is it possible they will go and drop people in front of their homes?” “Well, I am a man in a hurry. Time is everything. I don’t take the bus or the train. I just take a cab and move.” “What of the helicopter shuttle?” “I am sorry I don’t know anything about that. It is better and cheaper to take a cab.” “And how much is that?,” I asked. “Between N25k and N30k. But you can also join with other people. If two other persons join you to take a cab, you’d end up paying at most N10k.” “But is it not better to go with what government has provided, for security reasons?” “There is no serious danger on the road, particularly if you travel during the day, and not wait till it gets dark. There are policemen and FRSC men keeping watch all the way to Abuja. You don’t have to worry about anything. I have been on this route every week since they shut down the Abuja airport.” I had an appointment to keep in Abuja and time was not on my side. I could not afford a four-hour journey, so I embraced the guy’s advice, and took the cab option, and just as I had been told, the road to Abuja was safe and stress-free. I made it in good time and did not miss my appointment. On my way back, two days later, the trip was even smoother and faster. But I ended up not travelling after spending so much time at the airport. My return ticket was wrongly booked: instead of Kaduna to Lagos, I had a Lagos to Kaduna ticket! This turned out to be a blessing in disguise, though. It gave me the opportunity to take a better look at the airport. At the VIP section, and elsewhere, the staff appeared polite and helpful, obviously delighted with their assignment. Free drinks, coffee and water, were offered at the VIP section. The missed flight also gave me the opportunity to spend more time with my friend and colleague, Umar Sani who lives in Kaduna. Umar Sani the Cat as I call him, is the Media Adviser to former Vice President Namadi Sambo. I spent the night in his house, and as always we shared reminiscences. We exchanged views

about the present and worries about the future. This was accompanied by day-long enjoyment of dollops of pounded yam, freshly prepared pepper soup with fish from Kogin Kaduna, delicious ram suya, and Hausa music from the old masters. One particular Hausa musician caught my attention, he actually sounded, beat by beat, like the late Yusuf Olatunji were it not for the difference in language. But the night became darker when we received the news of the sudden and untimely death of Gordon Obua, our former colleague who served as Chief Security Officer to President Goodluck Jonathan. Obua, like many of the Jonathan boys, went through a lot in the last nearly two years. Umar Sani and I tried to reach many of our other colleagues. One said he was scared about tomorrow and what else would happen. Another said he was so sad, he just chose to go to bed. The grief was deep and widespread; the shared emotion was touching. Everyone worked with the CSO. Nobody can access the President or any part of the Villa, without an encounter with the CSO and his team. The Presidential Villa is not an ordinary workplace, it is, every part of it, a security zone. Our return journey to the airport the following morning was less excitable, marked as it was by unspoken thoughts and pregnant reflections. I made it to Lagos. Looking back, the Federal Government and the Kaduna State Government, the Federal Airports Authority of Nigeria (FAAN), the Nigerian Civil Aviation Authority (NCAA) and other stakeholders who were involved in managing the process of diversion of traffic from the Abuja airport to Kaduna deserve our commendation. They have not done badly at all. The airport handled many flights daily, including international flights by Ethiopian airlines – the only foreign airline operating in Nigeria that embarked on a voyage of faith and support to Kaduna. I am aware that some travellers have had cause to complain about the lack of a seating area at the ticketing section in Kaduna, the insistence of the airlines on cash payment, the absence of restaurants and Automated Teller Machines (ATMs), and the relatively relaxed security around the airport at certain periods of the day. Nonetheless, I offer a pass mark. Hadi Sirika, the Minister of State for Aviation and Nasir el-Rufai, the Governor of Kaduna State both promised that there would be no problem. They have so far kept their word. We may just have found in the management of the rehabilitation of the Nnamdi Azikiwe airport, and the diversion of traffic to Kaduna, a template for inter-governmental co-operation and government-civil society strategic interface on key national issues. When the idea of the diversion was first mooted, we were all skeptical. Foreign airlines operating in Nigeria kicked, other stakeholders in the aviation sector protested, the general public was worried. I wrote a piece titled “Before the Abuja airport is shut down” (January 10) in which I gave voice to these concerns. I accused the Federal Airports Authority of Nigeria of incompetence and inefficiency,

citing the mismanagement of the renovation of the Port Harcourt and Owerri International Airports. In other countries, airport runways are not abandoned for 21 years, and if they have to be repaired, the entire airport is not shut down and travellers put through discomfort. In Glasgow, Scotland, an entire runway was fixed within weeks of off-traffic operation, at night. I later wrote another piece – “A visit to the Gusau Institute” (February 7) in which I complained, parenthetically, about the horrific nature of the Kaduna-Abuja road and the likely threat to travellers. Criticism obviously helps but that is if the concerned party is willing to listen. Optics also matters. Stakeholders complained previously about the shambolic state of the Kaduna airport. I met a better airport, in varying stages of improvement. I wrote about the bad state of the road linking Kaduna and Abuja. The potholes seem to have been fixed. It also seems as if the state Governor has appealed to the bus drivers on that road to drive more carefully, the motorcyclists to stay off the highway and the trailer-drivers to be more circumspect. I also complained about how difficult it was to get information on the purchase of train tickets between Abuja and Kaduna. The Nigeria Railway Corporation may still have a lot to do to improve the quality of its services, but it managed in the last six weeks, to attract significant interest and patronage. Governance is not as difficult as it is made to appear- just do what is right and put the people first. What remains all things considered, is the need to place greater emphasis on the value of maintenance culture as an element of the infrastructure management process. We tend to wait until everything breaks down in this country before we attend to them. We prefer the fire-brigade approach and although we love infrastructure, we do not have in place a system for maintaining assets. We have problems because we run government with the mentality of children. Children love new things, and are impressed by toys. But in due course, they spoil the toys or they get distracted and abandon them. In the same manner, government sets up structures, impresses itself and the public and then moves on until everything collapses. This institutionalized culture of waste and leakage is deplorable. It falls short of best practices elsewhere. The Minister of Aviation says the Abuja airport is now ready and that it will be back to business on the promised date of April 19. He has taken journalists to the airport to assess progress. The Vice President and the Minister of Information also visited. The promptitude with which the Abuja airport renovation has been handled is un-Nigerian. I actually don’t mind if the Ministry of Aviation takes additional two weeks to get everything properly in place. When eventually traffic returns to the airport, the Federal Government and the Kaduna State Government should work together to ensure that the hopes that have been raised about the Kaduna airport are not dashed. The investments made there in the last six weeks should be wellmanaged and the still on-going upgrading of the airport should be completed.

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