Tuesday 30th May 2017 by THISDAY Newspapers Ltd

Bad Times Are Over, the Future is Bright, Says Osinbajo Promises to sign 2017 budget soon Vows to bring corrupt persons to justice

Omololu Ogunmade in Abuja Acting President Yemi Osinbajo yesterday urged Nigerians not to despair over the prevailing economic

hardships, assuring them that the worst days were over and the future was brighter. In a nationwide broadcast to commemorate the midterm anniversary of President

Muhammadu Buhariâ&#x20AC;&#x2122;s administration, he said the most difficult phase of economic crisis had been overcome and encouraged Nigerians to look forward

to a brighter and more promising tenure. Osinbajo who said there was increasing intensity of the light coming at the end of the tunnel, also

sought the co-operation and support of Nigerians in the administration's bid to achieve its goals and objectives. While assuring that the

2017 budget would soon be signed into law to pave way for the execution of the goals and objectives of the Continued on page 8

Oyegun: APC Will Give Buhari Automatic Ticket in 2019â&#x20AC;Ś

Page 9

Tuesday 30 May, 2017 Vol 22. No 8076. Price: N250

www.thisdaylive.com TR

UT H

& RE A S O

Akwa Ibom State 2017 Democracy Day Celebrations Witness Unprecedented Crowd

T H I S D AY TUESDAY MAY 30, 2017

The African Banker Awards is internationally recognized as the landmark finance event to reward achievements, commend best practices and celebrate excellence in African banking.

African Bank of the Year Thank you very much; We could not have done it without you.

T H I S D AY TUESDAY MAY 30, 2017

TUESDAY, may 30, 2017 • T H I S D AY

PAGE EIGHT

OPEC Will Resist Sabotage by Shale Oil Producers, Says Kachikwu Ejiofor Alike with agency reports The Minister of State for Petroleum, Dr. Ibe Kachikwu, has stated that the Organisation of Petroleum Exporting Countries (OPEC) would resist any deliberate action by shale producers to sabotage the oil market. In their continuing efforts to stabilise the oil market, 14 OPEC member countries and 10 participating non-OPEC producing countries, led by Russia, extended their production adjustments, which originally started January 1, 2017, for a further period of nine months, beginning July 1, 2017. The move will keep roughly two per cent of global production off the market in an attempt to boost prices. Despite attempts by the cartel to reduce the excess

inventory in the market to boost prices, Reuters reported that in the Permian Basin - the largest US oilfield producers are pumping at the fastest rate in years, taking advantage of new technology, low costs and steady oil prices to reap profits at OPEC's expense. OPEC has acknowledged the global clout of shale but seeks to hinder its growth by keeping just enough oil supply on the market to hold prices below $60 per barrel. “All shale companies in the US are small companies. The reality is that at $50 to $60 a barrel, (the US oil industry) can't break beyond 10 million barrels per day,” Reuters quoted Noureddine Boutarfa, who represented Algeria at the OPEC meeting, as saying. “For all OPEC members, $55 (per barrel) and a

maximum of $60 is the goal at this stage," said Iran's oil minister, Bijan Zanganeh. “So, is that price level not high enough to encourage too much shale? It seems it is good for both,” he added. OPEC has, however, realised that supply cuts and higher prices only make it easier for the shale industry to deliver higher profits after it found ways of slashing costs when Saudi Arabia turned up the taps three years ago. OPEC meets again in November to reconsider output policy. Though many OPEC members now appear to believe that shale has to be accommodated, there are indications that another fight is around the corner as Kachikwu has hinted that the cartel might review its strategies in the event of any sabotage by the shale

producers. “If we get to a point where we feel frustrated by a deliberate action of shale producers to just sabotage the market, OPEC will sit down again and look at what process it is we need to do, Reuters quoted Kachikwu as saying. The history of the relationship between OPEC and the US shale oil industry has evolved a great deal since the cartel discovered it had a surprise rival emerging in a core market for its oil around five years ago. US shale bankers went to Vienna during the recent OPEC meeting and the cartel is said to be planning to send top officials to Texas in a bid to understand whether the two industries can co-exist or are poised to embark on another major fight in the near future.

“We have to coexist,” said Khalid al-Falih, Saudi Arabia's energy minister, who pushed through OPEC production cuts in December, 2016. Riyadh's previous strategy was to pump as much oil as possible and try to kill off US shale with low oil prices. Shale's limitations, including rising service costs were discussed by OPEC. "We had a discussion on (shale) and how much that has an impact," said Ecuador Oil Minister, Carlos Pérez. “But we have no control over what the US does and it is up to them to decide to continue or not,” he reportedly added. When the OPEC delegates asked the chief executive of Permian oil producer, Centennial Resource Development Inc, Mark Papa, to give a presentation

on shale's potential, he reportedly appeared to have played his cards close to his chest. “In terms of the threat, we still don't know how much (US shale) will be producing in the near future,” Venezuela's oil minister, Nelson Martinez, said after the talk. Some US shale leaders may also want a better insight into OPEC's thinking and help OPEC understand that shale is not a flash in the pan. Some of OPEC's customers are happy to see an alternative as India, the world's third-largest oil consumer, said it was looking to the United States for greater supply. “The new normal has to be accepted,” India's energy minister, Dharmendra Pradhan, had said ahead of the OPEC meeting.

(power and Petroleum,) Industrialization and Transport infrastructure. Every step of the way we will be working with the private sector, giving them the necessary incentives and creating an environment to invest and do business. "Our vision is for a country that grows what it eats and produces what it consumes. It is for a country that no longer has to import petroleum products, and develops a lucrative petrochemical industry. Very importantly it is for a country whose fortunes are no longer tied to the price of a barrel of crude, but instead to the boundless talent and energy of its people, young and old, male and female as they invest in diverse areas of the economy." While recalling how Boko Haram insurgency had been degraded, the acting president identified herdsmen clashes with farmers in many parts of the country, which he said had culminated in loss of several lives and properties, as the recent threats to security in Nigeria, assuring that the menace would be accordingly dealt with. "We are working with state governments, and tasking our security agencies with designing effective strategies and interventions that will bring this menace to an end. We are determined to ensure that anyone who uses violence, or carries arms without legal authority is apprehended and sanctioned," he stated. In another development, Osinbajo while speaking in the Presidential Villa, at an occasion organised to showcase government activities on the Social Investment Programme in commemoration of Democracy Day, said Buhari, during the presidential campaign of 2015, had observed that poverty was endemic in various parts of the country and insisted that they must do something about it if they won. He said it was that expression, which led to the invention of SIP, noting that economic development

could only be achieved in a territory where people live above poverty level adding that SIP was invented to fight poverty and unemployment. According to him, N-Power is the largest post-tertiary job creation platform in Africa with recruitment done in a transparent form without any need for connection before qualified graduates could be recruited. He also said part of SIP was N100 billion social housing scheme which he said would be the largest housing project in Nigerian history. The scheme, he added, would provide developers with the opportunity to obtain 80 per cent of the cost of developing an estate as loan while any Nigerian who can afford as little as N30,000 per month would be able to buy a house of his own. Disclosing that the N-Power portal would be re-opened on June 13, this year, the acting president described SIP as one of the largest, diverse and complicated programmes in scope. He said it was not a favour to any beneficiary but rather the right of anyone found to be qualified. He also said even though the N30, 000 monthly salary being paid to every beneficiary of N-Power looked small, it was good for anyone who had been jobless over the years to take-off from that point. Also speaking, Special Adviser to the President on SIP, Mrs. Maryam Uwais, described the programme as a bond between the government and the people as contained in the manifesto of the All Progressives Congress (APC). According to her, the programme provides a level playing field for the poor, unemployed and vulnerable Nigerians through a transparent process, disclosing that N80 billion had so far been released for the programme out of which she said N41 billion had been spent. She also said 70,000 identified poor households from nine states with valid bank verification numbers

were currently being paid N5,000 monthly stipend as social assistance while 350,000 others had also been identified in 12 states. Uwais added that N400 billion had been approved in the 2017 budget for the programme with additional N100 billion for the housing project. In his own speech, the Minority Leader, Senator Godswill Akpabio, who commended the government for the programme, advised the administration to capture many more vulnerable Nigerians in the scheme. Akpabio also advised the federal government to expand the scope of SIP to orphanages and other places where there were downtrodden Nigerians and equally ensure that the programme was given better publicity so that Nigerians in the rural areas could also benefit from it. However, the Senate President, Dr. Bukola Saraki, and Speaker of the House of Representatives, Hon. Yakubu Dogara, who were expected to give goodwill messages at the event were conspicuously absent. They were not also represented. The event which witnessed testimonies of beneficiaries of the scheme, was graced by ministers, expatriates and party officials including the National Chairman of the APC, Chief John OdigieOyegun.

BAD TIMES ARE OVER, THE FUTURE IS BRIGHT, SAYS OSINBAJO administration, Osinbajo recalled the comment once made by Buhari that old Nigeria was gradually giving way to a new nation. "We also know that this journey will of necessity take time. But we will not succumb to the temptation to take short-cuts that ultimately complicate the journey. We did not find ourselves in crises overnight, and we simply do not expect overnight solutions to our challenges. "The most important thing is that we are on the right path, and we will not deviate from it, even in the face of strong temptation to choose temporary gains over long-term benefits. As the President has summed it up: 'The old Nigeria is slowly but surely disappearing, and a new era is rising.' And so we commemorate this second anniversary of our administration with confidence and optimism. "I firmly believe that we have put the most difficult phase behind us; and we are witnesses to the everincreasing intensity of the light at the end of the tunnel. We ask for your continued cooperation and support, to enable us realise all our best intentions and ambitions for Nigeria. On our part we will continue to carry you along on this journey, speak to you, explain the challenges, and share our vision," he said. The acting president who said the administration had been focused on the war against corruption, lamented the alleged looting of public funds by unscrupulous Nigerians in the previous administrations. However, he admitted that the anti-corruption process had been slow because corruption had been fighting back, aided by the slow pace of the nation's justice administration. Disclosing that the implementation of the Treasury Single Account (TSA) was one of the deterrents meant to curb corruption, Osinbajo added that its coverage had been expanded to include more efficient accounting and budgeting systems. "We have

also launched an extremely successful whistle blower policy," he added. He listed other measures designed to check corruption by the government to include the Efficiency Unit in the Federal Ministry of Finance, which he said had been used to plug leakages running into billions of naira, adding: "We have ended expensive and much-abused fertilizer and petrol subsidy regimes." He also said in line with the administration's promise to invest in the future, the federal government had not only pumped $500 million into the Sovereign Wealth Fund, it had also raised the Excess Crude Account by $87 million. Nevertheless, he said, the greatest challenge confronting the administration was economic crisis, pointing out that the government was concerned about the pains Nigerians have gone through, observing that some had lost jobs to the economic crisis, others have had to cope with high cost of food prices while some, notably in the states, could not even obtain regular salaries, a situation, he said, had resulted in medium and short-term interventions meant to rebuild the economy as well as federal government's bailout funds to the states along with social interventions programme. Listing other achievements of the government to include the employment of 200,000 unemployed graduates through N-Power online portal under the SIP platform, he said micro credit had also been given to a million artisans, traders and market women and huge investment made in rail network, adding that a number of the government initiatives were targeted at young persons. He also disclosed that in pursuit of power sector recovery plan, N701 billion payment assurance scheme was launched in March to resolve hiccups militating against the financing of operations of gas suppliers and generation companies. Emphasising that the recently passed 2017 budget

would boost government's economic recovery plan when signed into law, Osinbajo cited what he described as the successful Eurobond recently launched, describing the N1.2 trillion spent on capital projects in 2016 fiscal year as a milestone in the history of the country. He said: "We opened the year with an overwhelmingly successful Eurobond Offer – evidence of continuing investor interest in Nigeria. We have also launched the Economic Recovery and Growth Plan (ERGP) 2017-2020, to build on the gains of last year’s Strategic Implementation Plan. And the implementation of our 2017 Budget, which will soon be signed into law, will bring added impetus to our ongoing economic recovery. “In the 2016 Budget we spent 1.2 Trillion Naira on infrastructure projects, another milestone in the history of this country. Our 2017 Budget will double that investment." Hinting on government's plan to invest in parks, special economic zones, social housing programme, industrial parks and a desire to make Nigeria a manufacturing hub, Osinbajo said the government's housing programme would provide less expensive mortgages for low-income individuals and families across the country. He also emphasised government's commitment to invest in food security, energy, agriculture, industrialisation, transport infrastructure, home made goods and as well stop importation of foreign items for local consumption including fuel. According to Osinbajo: "These plans offer yet more evidence that we are ramping up the pace of work; the work of fulfilling all that we promised. In the next two years we will build on the successes of the last two. We have demonstrated a willingness to learn from our mistakes and to improve on our successes. “The critical points that we must address fully in the next two years are: agriculture and food security, Energy,

TOP GAINERS LAWUNION PRESCO DANGOTECEM LINKAGEASSURANCE UACN TOP LOSERS OANDO ETERNA

NGN NGN 0.04 0.84 2.00 49.00 6.51 163.01 0.02 0.54 0.46 15.60 NGN NGN 0.83 7.79 0.37 3.52 FIDSON 0.18 1.74 DIAMONDBANK 0.09 0.91 ZENITHBANK 1.03 1.03 HPE Nestle Nig Plc ₦798.00 Volume: 670.964 million shares Value: N7.912 billion Deals: 4,034 As at yesterday 26/5/17

% 5.0 4.2 4.1 3.8 3.0 % 9.6 9.5 9.3 9.0 5.6

T H I S D AY • TUESDAY, MAY 30, 2017

STARTERS

Oyegun: APC Will Give Buhari Automatic Ticket in 2019 Insists ruling party has done well

Two-Minute Briefing NEWS Lagos Generates More IGR than 30 States Combined Fourteen states are insolvent as their Internally Generated Revenues (IGR) in 2016 were far below 10 per cent of their Federation Account Allocations (FAA) in the same year. Page 38

EDITORIAL Biafra: 50 Years after

With the warning issued last Friday by the Nigeria Police Force against market closure in the five South-east states being planned for today by IPOB. Page 15

POLITICS Rethinking theAntiOyegun Onyebuchi Ezigbo in Abuja The National Chairman of the All Progressives Congress (APC), Chief John Odigie-Oyegun, has said that President Muhammadu would be given the right of first refusal for the party’s presidential ticket in the 2019 election. The party chairman spoke yesterday in Abuja while addressing the media on the midterm scorecard of the APC- led administration, insisting that Buhari had performed well. He also spoke on the party’s midterm convention and said it would have to wait until the president returns from his medical leave in London, explaining that it was such an import activity of the party that the president should not miss. Oyegun down played the impact of the ill-health of Buhari on governance and the party, saying it would not adversely affect the APC’s bid to retain power in 2019. "The thinking that ‘will he be president in 2019’ is really not doing any good, his need today is good health. When we get to 2019, it is for him to decide if he wants to run or if he doesn’t want to run and to consult the party on his decision,” he said, adding: “If he wants to run good and if he doesn’t want to run the country isn’t bereft, the party isn’t

bereft of capable hands." However, Oyegun said the issue of the candidacy of the party in the 2019 presidential election was not a priority now but that what was important was for all to pray for God to restore the president to robust, good health. According to him: "Why build bridges if there is no river to cross? Why don’t you wait until you come across a river then you build a bridge. With all due respect, for what it stands for, what is critical today is that our prayer is our good Lord will restore the president to robust, good health; that is the first thing. "But the prime thing that he will be considering today isn’t to think of 2019. It is to have his health fully restored and I am sure he will give anything just to have his health restored. Let’s terminate it at that point; when 2019 comes we will deal with the issues that arise.” When asked to comment on the alleged frosty relationship between the presidency and the party leadership, Oyegun denied alienating himself from the seat of power, but said he was always in good communication with Buhari. He said: "I have done a lot of things with the president in the past. I have known him from the civil service days; I have known him from the military head of state days. I was one

of his close aides. So let them enjoy themselves and pose for photograph. That isn’t the issue. The issue is that we communicate and the relationship is cordial. Oyegun described Buhari as a man who does not like to be in the crowd and one who has resolved not to dip his hands into public treasury to fund party activities. He said as far as the party was concerned the president's uncompromising stance on corruption was a major contribution to the change agenda. The national chairman also spoke of the state of the country's economy and what efforts were being made to get it out of recession in order to reduce the hardship pf Nigerians. He said the APC-led administration was making renewed efforts to revamp the power sector, which was intended to correct all the current abnormalities affecting the electricity sector. On the People Democratic Party’s (PDP) critique of his party’s poor handling of the economy, Oyegun said APC met a lot of challenges on assumption of power. He said that much of the problems that came in the way of rebuilding the economy were not foreseen, while others could be traceable to the mismanagement of the past by the PDP administration.

NEMA Adopts Cash Transfer in Relief Response Kasim Sumaina in Abuja In an effort to reposition relief response and ensure transparency in line with emerging global best practices, the National Emergency Management Agency (NEMA), has adopted cash transfer as one of the strategic ways of reaching out to disaster victims. The Director General of NEMA, Mr. Mustapha Maihaja, disclosed this at a Cash Transfer Preparedness Programme, organised for staff of the agency and the Nigerian Red Cross by the International Committee for Red Cross (ICRC) in Abuja. Represented by the Director of Relief and Rehabilitation, Kayode Fagbemi,

the DG said: “I have no doubt that this Cash Transfer Preparedness Programme is important considering the complex nature of relief management. This I believe, will surely lead to a paradigm shift in the management of relief operations in Nigeria in order to give dignity to the displaced population, especially in the North-east.” According to him: "Humanitarian scenario in Nigeria had become complex as a result of different emergencies being witnessed in recent years." He solicited the support of ICRC in the development of guidelines for Cash Transfer Programming in the country. Also speaking at the event, leader

of delegation from ICRC, Mr. Eloi Fillion, said the transfer of knowledge to NEMA would ensure sustainability, as ICRC might not be everywhere to provide assistance. The training covered thematic areas of ascertaining pre-conditions for cash transfer; modalities of cash transfer mechanisms; types of response of options; implementation process and practical scenario. Cash Transfer Programme is a tool for cash transfer to support population affected by disaster to meet multiple needs in ways that maintain human dignity, provides access to food and shelter and help rebuild or protect livelihoods.

corruptionWar President Muhammadu Buhari’s approach to the fight against corruption may have recorded some modest success, it is however becoming clearer that it is unsustainable. Page 16

FEATURES A Season of Killings in Niger

Laleye Dipo writes on the wanton destruction of human lives by villagers and herdsmen for flimsy reasons Page 18

BUSINESS Power Operators Seek

Harmonisation of Market’s Trading Currency Operators in Nigeria’s electricity market have called for harmonisation of the trading currency used in the market to reflect uniformity in payment terms for services… Page 21

NEWSXTRA Police in Imo, Anambra Ask

Residents to Ignore Sit-athome Order Ahead of today’s sit-at-home order by the Indigenous Peoples of Biafra (IPOB) to mark the 50th anniversary of the declaration of Biafra in 1967, the Imo and Anambra State Police… Page 39

INTERNATIONAL North Korea Fires Scud-class Ballistic Missile, Japan Protests North Korea fired at least one shortrange ballistic missile on Monday that landed in the sea off its east coast, the latest in a fast-paced series of missile tests defying world pressure… Page 35

SPORTS Conte DefendsVictor Moses,

Insists He’s Not a Cheat Chelsea gaffer, Antonio Conte has come to the defence ofVictor Moses by insisting the Nigerian international is not a cheat despite his dive in the FA Cup final against Arsenal last Saturday. Page 45

T H I S D AY TUESDAY MAY 30, 2017

COMMENT

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

WANTED: OPEN BIDDING FOR THE REFINERIES Open bidding process gives the best investor possible, argues Dan D. Kunle

read a statement from a national daily recently credited to Dr. Ibe Kachikwu, Minister of State for Petroleum Resources, in Vienna, Austria, where he attended the 172nd OPEC meeting. Kachikwu’s contradictory utterances further confirm and reinforce my humble conviction that he should use his good offices to open up these refineries for International Competitive Bidding (ICB). This will be in tandem with the philosophy of President Muhammadu Buhari and best global practices. May I also remind the minister that his utterances do not reflect and comply with the simple rules of public governance in a democratic setting. Furthermore, crude oil refinery concession or ‘farm out’ or privatisation is not as highly technical as the minister is claiming in his statements. This is because it was done before and I wish to refer him to BPE/NCP 2007 refinery privatisation closure. One of the world leading investment banks, First Boston Credit Sussie (now Credit Sussie) was the federal government privatisation adviser on the four refineries. PNB Paribas also gave BPE advisory support for the final closure of Port Harcourt and Kaduna refineries. We still have these Nigerian professionals and expertise both in BPE and around the country to handle this new ambitious ‘highly technical’ refinery concession through an open and fair bidding competition. The minister contradicted himself by the statement that the bidding process is open to all willing investors. But how will all the willing investors with technical and financial capabilities know across the globe if he does not advertise what the government wants to sell or concession with all the criteria and ground rules for them to comply with? Do you think the whole world will be aware by watching you on TV, talking about the refinery concessions in Nigeria as a ‘talk advertisement’ from Houston, Texas to Lagos to Vienna, yet you are going to be the umpire for the bid evaluations and awards? Kachikwu claims that the federal government has decided to concession all refineries by August 2017 is a welcome decision, but he must ensure that the process is through an open bid competition via the appropriate statutory federal government bodies NCP/ BPE/ ICRC to enable Nigerians have a ‘bidders beauty parade’. This is the essence of the open bid process because it will give us the best and most beautiful investor possible. As proprietary as the case with GE/ Nigeria Railway narrow gauges’ advantage was, the Federal Ministry of Transport went ahead to place an advert for other ‘would be’ investors to compete with GE. At least this will, to a certain extent, give

KACHIKWU CLAIMS THAT THE FEDERAL GOVERNMENT HAS DECIDED TO CONCESSION ALL REFINERIES BY AUGUST 2017 IS A WELCOME DECISION, BUT HE MUST ENSURE THAT THE PROCESS IS THROUGH AN OPEN BID COMPETITION

credibility to GE propriety know-how in railway engineering when they eventually get declared as the final winner. It appears from the minister’s utterances in the last one month that he is bent on giving out these refineries to the crude oil swap candidates without open bid, which he would have achieved on behalf of the Presidency to enhance the transparency obligation, with a minimum of three weeks advert in some local and international media. The invitation to bid would have closed by now. The choices are open bid or no open bid; this unnecessary debate could have been avoided. Yes, “People keep mentioning Agip and Oando Plc but nobody has made the final decision on those”. This statement further portrays the bias for Oando and Agip. Are Agip and Oando the only repairer and operators in the world? Part of the minister’s statement says: “Agip and Oando are probably the front runners because they have put a lot of work on that but you are not in the technical committee”. What is the meaning of this in transparency? You are not a member of the technical committee as Mr. Minister of State for Petroleum and Chairman of the Board of NNPC but you are privileged to know that Agip and Oando have put a lot of work into this transaction. How does this help our transparency image? My humble advice to Mr Kachikwu is for him to allow BPE/ NCP or ICRC to handle this transaction in the most transparent manner. Oando for example bidded along with others for Port Harcourt refinery in 2006/2007 and lost. Today any of these companies may win if they do their homework, but it must be through an open transparent competitive bidding. Finally in Kachikwu’s public declaration from Vienna, he said he is the Chair of the steering committee waiting for the technical committee to finish their work before the steering committee will then take it to the NNPC Board. If this process is not yet concluded, why then has he started talking about Oando or Agip taking Port Harcourt refineries and how then does his public utterances give confidence to other would be investors in any of the refineries? In summary, this whole transaction appears to be a mockery of ourselves and our processes in Nigeria because we the ordinary citizens have no power to interrogate the minister’s actions and inactions. For him to use the statement ‘Hullabaloo about the transparency has no basis,’ is to say the least. dankonsult@yahoo.com

CREATING A NIGERIAN NATIONAL SPIRIT

Wilfred Usani argues that this is only possible when government is expressive of the consent of the people

have argued in my previous essay that Nigerians do not feel a sense of “ownership” of government in the same way in which they feel or have for their ethnic nationalities or their personal things or causes. Nigeria is a country of many ethnic nationalities (250 as some statistics say) and government is the instrument that binds these nationalities together under a single country called Nigeria. My argument has been that because Nigerians do not feel that social, traditional, historical or cultural connection or affinity with this machinery called “government” that can engender that sense of “ownership” they are unable to feel loyal or committed to it and correspondingly unable to inspire a Nigerian “national spirit”. To create and inspire a national spirit, we must transform “government” to something that Nigerians see as their own, something through which they can advance themselves and their ethnic national aspirations. It must be for them something that is designed and aimed at advancing their interests, protects and provides for them and allows them to pursue their aspirations in the modern world. I believe that to inspire a national spirit we must recreate the nation and found it upon the basis of the ethnic nationalities that presently consist in the territory called Nigeria. To understand this assertion better, we must look at the history of this geographical entity we call Nigeria. Historically, the entity called Nigeria was put together by the British through colonialism. Before the colonialism of the British, the peoples of Nigeria lived as different ethnic nations under their own indigenous forms of government. There were the bigger kingdoms and empires such as the Oyo Empire, the Benin Kingdom, the various Hausa States (later Emirates),the Kanem-Bornu Empire, Nri Kingdom and the many other smaller kingdoms and chiefdoms of the smaller ethnic groups that fall within the territory. Some of these ethnic nationalities were at war with each other at the time the British arrived. When the British took control of this territory, they pulled all these nations together as one territory and called it “Nigeria” (after the River Niger) and put in place a single system of government to administer the territory and these different ethnic nations together as one for their own administrative

convenience. This was done purely for the convenience of the British in administering the territory. They did not seek or pretend to seek the opinion of the people. In many areas, the British assumed control by deceiving the leaders of the people. In other areas where the people refused to be deceived, the British took control by force. The government which the British put into place and the system of laws was aimed purely at exploiting the people and their resources for British interests. There was absolutely no consideration for the people, their cultures or their interests. The system was designed to hold the people captive and subjugate them to British interests. For the people, government therefore was an alien thing, something imposed upon them by their British conquerors. This view of government as being an alien thing is best illustrated by how in my native dialect (Yakurr). “Work” in the civil service or the public service to this day is called “the white man’s work” when literally interpreted. In the quest for independence, this system as put in place by the British was the system that was to be inherited and taken over by the Nigerian political leaders. The interesting thing about the politics of independence was that it was understood by all the parties - the British and the agitators for independence that whoever controls this system of government had control of the territory called Nigeria and consequently its peoples and its resources. It was a contest for power. The politicians and their political parties were formed and aligned largely along the lines of the various ethnic nationalities. The Northern Peoples’ Congress (NPC) - represented the largely Hausa/Fulani dominated Northern Region, the Action Group (AG) - represented the Yoruba dominated Western Region and the National Council for Nigeria and the Cameroons (NCNC) - represented the Igbo dominated Eastern Region. There were other parties that represented the interests of minority ethnic groups in the country such as Bornu Youth Movement, United Middle Belt Congress, etc. The agendas of these parties were to advance the causes and interests of their ethnic nationalities. Capturing control of the government was therefore necessary or useful as it was a means of using that control of the government to do for their

ethnic nationalities what the British were doing for themselves. The point here is that the philosophy of the government put in place by the British was to keep control of the territory called Nigeria and exploit its resources for the benefit of the British. The politics of independence was therefore driven by this philosophy - to seize control of the government and correspondingly control the resources of the territory called Nigeria and exploit it for the benefit of the ethnic nationality of the party in power. Seizing control of government was therefore largely seen as conquest of the other ethnic nationalities by the ethnic nationality that dominated or controlled the government. This perception of government has prevailed all through the politics of Nigeria. It informed and drove the political conflicts of the first Republic leading up to the military coup and counter - coup of 1966. When the military seized control of government from the civilians it further accentuated this perception of government as being alien from the people. The military governments were of course largely dictatorial and restrictive of the peoples’ rights. Under the military, government was captured by a new ruling elite who used the machinery of government to further their interests and perpetuate themselves in power much like the colonialists. The differences in ethnicity became the pawn in the arsenal of the new ruling elite to manipulate the people so as to keep themselves in power. The ordinary Nigerian felt further alienated from government and viewed the military in power as their new conquerors who had taken over from the British. The point being made is that historically and to this day, the system of government as we have it in Nigeria is not expressive of the free will, consent and interests of the peoples of Nigeria and so to the various peoples, government is still an alien phenomenon which if you are fortunate to capture control of, you can use to benefit yourself, your family, your ethnic group and your friends! This is the reason why politics is such a deadly venture in our climes! People see politics as the means by which to control governmental power and resources for personal, ethnic and fraternal self- interests and aggrandisement and so many people are prepared to kill and be killed for it! It is not about service.

Most people see government as the quickest means to wealth and power. Under the current democracy, the Nigerian Constitution which established the current system of government is a creation of the military which they imposed on the civilian political class. It lacks the autochthonous character which can confer upon it that intrinsic legitimacy that can inspire confidence in the Nigerian people that the government belongs to them and that it exists to serve and advance their interests. Because of this fundamental deficiency, the current system of government though democratic is not able to address the deficit of national spirit in Nigerian national life. I reiterate that to create and inspire a national spirit we must conceive and build a country with a government that is the product of the free will and consent of the peoples of Nigeria and whose purpose and objective is to foster, protect and advance the aspirations of all the ethnic nationalities and people that consist in the Nigerian nation. I believe that “Nigeria” must be “founded” again not by the British or European colonial masters but by the ethnic nationalities that consist in Nigeria and this new “Nigeria” must have a government and a system of laws that is designed to meet the aspirations or further the interests of the ethnic nationalities that founded it (as opposed to how government was designed by the colonial masters to further their own interests). It is only in this way that the ethnic nationalities and peoples of Nigeria will take ownership of Nigeria and cease to see government as an alien institution which must be raped and exploited! When a very proud Yoruba man or Ijaw man or Igbo man or Kanuri man or a Hausa/Fulani man sees government as something which he created and put in place to promote or advance his interests, he will give his life to protect the government! If the country is recreated in this way, government can become an object of common interest among the ethnic nationalities and this object of common interest will be the inspiration for a Nigerian “national spirit”.

Usani is Senior Partner in the Law Firm of Ethan & Magdiel and former Special Adviser and member of the Cross River State Executive Council

T H I S D AY •TUESDAY MAY 30, 2017

EDITORIAL BIAFRA: 50 YEARS AFTER The Nigerian system is still plagued with iniquities

ith the warning issued last Friday by the Nigeria Police Force against market closure in the five South-east states being planned for today by the Indigenous People of Biafra (IPOB), the Movement for the Actualisation of the Sovereign State of Biafra (MASSOB) and the Biafra Independence Movement (BIM), we hope critical stakeholders will work to avoid needless violence. But the central question which the authorities must ponder upon remains: Why does Biafra keep recurring and featuring in our national political landscape 50 years after its declaration and 47 years after the end of the Nigerian civil war? Today presents an opportunity for such national introspection. On this day (May 30) in 1967, the late Emeka Odumegwu-Ojukwu, then a Colonel in the Nigerian Army, declared secession of the then Southeastern region which he proclaimed the Republic of Biafra. That marked the beginning of an avoidable civil war that claimed the WHY DOES BIAFRA KEEP lives of millions and set RECURRING IN OUR back the development NATIONAL POLITICAL of the nation. LANDSCAPE 50 YEARS While it is true that AFTER ITS DECLARATION genuine grievances AND 47 YEARS AFTER THE of Igbo people are being diminished by END OF THE NIGERIAN a plethora of mostly CIVIL WAR? self-serving “Biafra Platforms”, they must nonetheless be addressed in the interest of national cohesion and stability. Besides, there is a school of thought that strongly believes that, apart from the insanity called Boko Haram, every separatist movement in today’s Nigeria is fuelled by gross inequities and brazen injustices created and sustained by the current structure. The Biafra narrative must, therefore, be seen as a metaphor for a country that does not work for the greater majority of its people. However, it should worry critical stakeholders that the

Letters to the Editor

ghosts of the civil war are still hovering all over the place, especially for the Igbos. The situation is not helped by the disposition of the current administration. Statutory government appointments; federally funded physical and social infrastructure and even ongoing plans and discussions about further investments in national development clearly suggest, even to casual observers, that the Southeast is continually being short-changed.

I T H I S DAY

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

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

EDITOR-IN-CHIEF/CHAIRMAN NDUKA OBAIGBENA GROUP EXECUTIVE DIRECTORS ENIOlA BEllO, KAYODE KOMOlAfE, ISRAEl IWEGBU, IJEOMA NWOGWUGWU GROUP FINANCE DIRECTOR OlUfEMI ABOROWA DIVISIONAL DIRECTORS pETER IWEGBU, fIDElIS ElEMA, ANThONY OGEDENGBE DEPUTY DIVISIONAL DIRECTOR OJOGUN VICTOR DANBOYI SNR. ASSOCIATE DIRECTOR ERIC OJEh ASSOCIATE DIRECTORS hENRY NWAChOKOR, SAhEED ADEYEMO CONTROLLERS ABIMBOlA TAIWO, UChENNA DIBIAGWU, NDUKA MOSERI GENERAL MANAGER pATRICK EIMIUhI GROUP HEAD fEMI TOlUfAShE DIRECTOR, PRINTING PRODUCTION ChUKS ONWUDINJO TO SEND EMAIL: first name.surname@thisdaylive.com

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

STATE POLICE AND TRUST FUND BILL

here has been a renewed agitation for making the component states of the federation more productive by flipping the exclusive legislative lists in favour of the federating states. Proponents of this reform have suggested various nomenclature such as restructuring, true federalism, etc. One major derivative of that reform is the institution of state police. A major downside of restructuring with state policing as a derivative is that it is cast in the media as a zero sum game. For instance, there seems to be a consensus that the topmost in the list of asphyxiating problems bedevilling the Nigerian nation is corruption yet proponents of restructuring cannot see any need to push various anti-corruption bills with the National Assembly through as an alternative to a swiping restructuring that may feed the incentive for civil war. The Police Force Reform Trust Fund Bill has been domiciled at the National Assembly since 2008 yet the legislature is not in a hurry to pass the bill. Let’s imagine state police apparatus under the control of Rotimi Amaechi, Ayo Fayose or Nyesom Wike. Will this not amount to an ignition of anarchy? A governor that can use his security details to physically prevent EFCC or DSS from performing their jobs cannot be entrusted with state police.

n rationalising this unfortunate state of affairs, Labour and Productivity Minister, Dr. Chris Ngige last week reduced a serious issue to the political arithmetic of the voting pattern in the 2015 presidential elections. “Politics is a business in a way, you invest in a business and you reap a profit. But we played bad politics; we made a bad investment because they (South-east voters) invested in the (Goodluck) Jonathan presidency. They invested in Jonathan more than the South-south where he hails from…even in a family where the head goes to the farm to harvest his yams, those who accompany the farmer to the farm get more share,” said Ngige. As tragic as that may seem, Ngige is only taking a cue from President Muhammadu Buhari, who said from the early days of his administration that the distribution of opportunities under his watch would be determined by the nature of support he got at the election. Against the background that the beauty of participatory democracy lies in creating equal opportunities, government must be prevailed upon to build an inclusive society. At the colloquim on “Biafra: 50 years after’’ organised by the Yar’ Adua Foundation last week, Acting President Yemi Osinbajo spoke on the strength of our diversity as a nation. Unfortunately, there is little evidence that the current administration is mindful of that diversity and the imperative of building a society for all, beginning with giving the South-east people their dues regardless of how they voted at the last election. That explains why the lopsided appointments under President Buhari only reinforced the perception that the Igbos are yet to be fully re-absorbed into the one family of Nigeria. We hope the administration will work to put that right in the interest of our country.

The decibels resonating restructuring must be moderated with guarded introspection. What we forget is that what constrains any Nigerian president in turning the police to personal agent of vendetta is the oversight function of the National Assembly. This oversight restraint is absolutely absent at the state level where state houses of assembly are mere appendages of the executive. A social media clip where a legislator was kneeling down to beg a state governor for merely criticising the governor can attest to the master-servant relationships that exist between the executive and the legislature at the state level. It is trite to say that toothless state assemblies pose a veritable danger to the orchestrated true federalism particularly as it affects state police. Rather than pushing this nebulous restructuring that spells doom for the corporate existence of Nigeria with civil war as a proximate corollary, the National Assembly should progressively pass reformative bills pending with it. Nobody has articulated how restructuring will end corruption, yet the more allocation various states of the federation get, the more impoverished the people become, the more governance is degraded and the more reckless governors become. Corruption and not restructuring deserves the greatest attention. Bukola Ajisola, bukymany@yahoo.com

PROBLEM WITH LAW AND BANKING GRADUATES

he preferred ambition of most intending WAEC candidates who have a craving for arts and likewise, those who feel academically unworthy of studying medicine and other “demanding” science-related courses, are first driven towards the study of law and banking and finance. Securing these highly-rated courses, are known to be quite competitive. As a result, unsuccessful candidates are left to grudgingly settle for other disciplines which are slightly considered “less pleasant.” Parents do feel a pinch of disappointment as well. The law profession and a career in banking, are regarded in certain homes as a tolerable excuse for having a light head for science, thereby missing out on fellow prominent and economically viable courses like medicine and engineering. Other courses outside this celebrated category are commonly viewed as mediocre or a little below expectation. This bias, to a large extent, has prompted the continuous proliferation of lawyers in Nigeria, which sadly leaves a bulk of young attorneys with little or no feather to fly with at the crowded labour market. Recruitment at the banking sector nowadays, continue to amaze us, as almost anybody can be hired for banking duties regardless of his or her course of study. A good zoology degree (added with

some wits and ‘street smarts’) can set the ball rolling to a terrific career at the banking hall! Despite this shift from the norm, a lot of Nigerians still troop en masse to pursue a degree in banking and finance, disregarding the least patronised courses which could be of more value to them and the nation. Our society is saturated with more “idle” and inexperienced lawyers, with fewer cases available to them. The fate of some young lawyers who are attached to chambers of the older and experienced ones, lay in the extremely meagre income they are compelled to make do with. These young lawyers, may need to tarry for many years in a dicey gamble of attaining their full potential. Some jilt the profession for greener pastures after a dry spell of success, forfeiting the long years of academic investment. As Nigeria prepares for life outside oil, we must begin to nurse the adolescent areas of our economy into adulthood. We need a new wave of certified professionals in agriculture, ICT, theatre arts (to reignite the creativity in our promising entertainment industry), tourism/hospitality, marketing/ business administration (which is cardinal for entrepreneurship), fashion/graphic designing, etc. It will serve a great deal, if our academic population can curtail their pursuit of some overhyped “prominent courses” (which we can presently do without). Nimi Princewill, princewill.nimi@yahoo.com

T H I S D AY • TUESDAY, MAY 30, 2017

POLITICS

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

TWO YEARS IN THE SADDLE

Rethinking the Anti-corruption War President MuhammaduBuhari’s approach to the fight against corruption may have recorded some modest success, it is however becoming clearer that it is unsustainable. This may be a convenient time for the administration to carry out a comprehensive overhaul of its anti-corruption war, writes Tobi Soniyi

Buhari...trying to railroad judiciary into his corruption fight

Introduction President Muhammadu Buhari rightly, in our view, made the fight against corruption one of the main priorities of his administration. The president is right to do so because Nigerians agreed that corruption remained endemic and has continued to militate against the development of the country. The United Kingdom based Chatham House, the Royal Institute of International Affairs , in a recent publication titled, ‘Collective Action on Corruption in Nigeria, a Social Norms Approach to Connecting Society and Institutions’ stated that close to $400 billion was stolen from Nigeria’s public accounts from 1960 to 1999 and that between 2015 and 2014 some $182 billion was lost through illicit financial flows from the country. “This stolen common wealth in effect represents the investment gap in building and equipping modern hospitals to reduce Nigeria’s exceptionally high maternal mortality rates-estimated at two out of every 10 global maternal deaths in 2015, expanding and upgrading an education system that is currently failing millions of children; and procuring vaccinations to prevent regular outbreaks of preventable diseases,” the report added. In view of this high level of corruption in the country, many cast their votes for Buhari because he promised to be tough on graft. True to his words, the president did not disappoint. Many arrests were made. Prosecution is ongoing in many courts while some have voluntarily returned money they stole. All this reinforced the position of the president. Approach to Fighting Corruption However, while there is a unanimity of views that the country must fight corruption, opinions begin to differ when the question is how

to do it. Speaking at the Anti-corruption Summit in London in May 2016, the president noted that tackling corruption was not going to be easy. He however made a commitment. He said: “I am not unaware of the challenges of fighting with corruption in a manner consistent with respect for human rights and the rule of law. As a country that came out of prolonged military rule only sixteen years ago, it will clearly take time to change the mentality and psychology of law enforcement officers. I am committed to applying the rule of law and to respecting human rights. I also require our

Adopting a quick fix approach will not solve the problem in the judiciary. If anything, the president’s approach has further complicated the issue. Presently judges are no longer keen in helping him push his anticorruption fight

security agencies to do the same.” At that summit, the president admitted that there were cases where rule of law was brushed aside citing threat to national security and to prevent the individuals involved from escaping from the country. By and large, the president appeared to favour a quick fix approach and seemed not to have given adequate thought to while past approaches to stop corruption failed. This lack of historical perspective explains the high handedness that had characterised his approach to the fight against corruption including the idea of raiding judges’ houses at night. Those who supported the president’s approach are quick to point to the recovery of huge sums of money as justification. To them, the end justifies the means. But, others who are more circumspect believe that a military approach, which the president adopted in 1984 when he was the military head of state, would not solve the problem. Former Chairman of the Governing Council of the National Human Rights Commission, Dr Chidi Odinkalu said: “if 1984 was a tragic first time, 2016 could be the farcical encore. There is never a right way to a wrong thing but there is sometimes a wrong way to do the right thing. When that happens, the damage can be lasting.” By brushing aside respect for the rule of law, the president is trying to do the right thing in a wrong away. Freedom and liberty of the citizen is not negotiable. Our constitution provides that an accused person remains innocent until his guilt is proved and that a person arrested should be released on bail without delay or be charged to court. The constitution is greater than the office of the president. If the president does not obey the provisions of the constitution, why should

he expect Nigerians to so do? One of Nigeria’s foremost legal luminaries, Chief Afe Babalola, SAN once observed that, “It was not the prison yard created all over by the foreign legal system or the batons and guns wielded by the men in uniform that deterred any citizen from committing evil or crimes but the inherent powerful sanctions of morality and public opinion.” Although, it is good to fight corruption formally by charging the corrupt to court, that alone would not solve the problem. Just like the Chatham House’s report cited earlier said, “Nigeria’s ongoing anti-corruption efforts must now be reinforced by a systematic understanding of why people engage in or refrain from corrupt activity, and full consideration of the societal factors that may contribute to normalising corrupt behaviour and desensitising citizens to its impacts.” In other words, there is need for this administration to consider a holistic approach to the fight against corruption. That will be a sustainable way which is more likely to outlive even the present administration. Accusation of One-sided Corruption War The president has been accused of going after only people who were not members of his party. While not holding brief for the president, it is understandable that those in opposition party would likely be more affected having just relinquished public offices to the ruling party. Speaking recently at the ‘Platform Nigeria’ convened by the Covenant Christian Centre in Lagos, the Vice President, Prof. Yemi Osinbajo rejected the allegation that the government was targeting only members of the opposition. He said: “Well, I don’t agree that the anti- corruption fight is one-sided. What I think is that obviously there was a federal

T H I S D AY • TUESDAY, MAY 30, 2017

POLITICS government that was in place for 16 years and a lot of what you are seeing in terms of prosecution is at the federal level. Obviously the corrupt activities that took place when there was the federal government and the same political party that was in power for 16 years. “So invariably you are bound to find more persons within that period who may have committed actions that are subjected to one form of trials or the other.” Not done, the vice president continued: “The other point to note is that if you look at the governors of the states that are being prosecuted, you will find that there are some governors who belong to the ruling party who are also being prosecuted. So it is not one-sided and one thing I want to make clear is that as far as the president is concerned; that is, President Buhari. He is absolutely committed to this fight against corruption and he cannot see the difference between one party and another. “This is in fairness to him because I discuss with him regularly on these issues. I think he is very, very committed to ensuring that anyone who infringes on the law of the land with respect to corruption will be dealt with. I believe that is the way that we want to carry on.”However, it will be unfair to dismiss the allegation that the anti-corruption war is one sided as baseless. The president for a while found it difficult to accept that members of his own party and those working for him were equally corrupt. First, the president was reliably informed that some members of his cabinet approached judges seeking to influence the course of justice, but the president turned a deaf ear to the allegation. Secondly, why was the Secretary to the Government of the Federation, Babachir Lawal not handed to anti-corruption agencies for investigation and prosecution? When did it become the practice to ask an administrative panel to investigate crimes? That amounts to preferential treatment. The Judiciary as an Impediment At the beginning of his tenure, the president invited the judiciary to come on board in his fight against corruption. When it appeared that this arm of government did not heed this call, the president expressed frustration. In his speech at the 55th Annual General Conference of the Nigerian Bar Association held in August 2015, the president said: “Ability to manipulate and frustrate the legal system is the crowning glory of the corrupt and, as may be expected, this has left many legal practitioners and law courts tainted in an ugly way.” Addressing judges at the 2015 All Nigerian Judges Conference, Buhari said: “While it is undeniable that the judiciary continues to make incremental progress in playing its constitutional role, it is still the consensus of observers that overall levels of judicial service delivery still leaves much to be desired. Urgent reforms therefore, remain imperative in several areas. “Unfortunately, in recent years, perhaps more than ever before, allegations of judicial corruption have become more strident and frequent. Some of the available surveys on public perception of the judiciary clearly show that the judiciary is losing the trust and esteem of the Nigerian population. “This is dangerous indeed for our fledgling democracy. Democracy and the fundamental, freedoms and rights and assurances for the protection of private and public rights rely entirely on a judiciary, whose integrity is unimpeachable. “There is both local and international dissatisfaction with long delays in the trial process. In the past few years, this has become especially so for high-profile cases of corruption, especially where they involve serving or former political office holders. Corruption transfers from public coffers to private pockets, resources required to deliver social and economic justice. “Government’s attempt to recover such assets in accordance with the law, are often faced with dilatory tactics by lawyers, sometimes with the apparent collusion of judges. These tactics are often not directed at reaching any conclusion or affirming innocence or guilt, but at stalling trials indefinitely, thus denying the state and the accused person the opportunity of a judicial verdict.” Last year, the president got tired of talking

Their houses were raided at night

and authorised an overnight raid of the houses of some selected judges. The raid generated heated debates among lawyers and the general public especially on whether the Department of State Security Service has the legal power to investigate judges for corruption. It also brought the judiciary against the executive as the former suspected that the raid was aimed at intimidating the judiciary. Again, the president was under the impression that it was judicial corruption alone that was responsible for the delay in prosecuting corruption cases. Since the judges houses were raided and few of them charged to court, are corruption cases now being handled faster? The answer of course is no. Although, few corruption cases might had been hampered by inducement of judges, the truth is that the judiciary has its own problems. Had the president taken a holistic view of the judiciary, he would have discovered that the judiciary needed help not intimidation. Adopting a quick fix approach will not solve the problem in the judiciary. If anything, the president’s approach has further complicated the issue. The generality of the judges are no longer keen in helping him push his anti-corruption fight. At the beginning, the judiciary appeared not to want to join issues with the president. However, before he retired, the former Chief Justice of Nigeria, Justice Mahmud Mohammed reacted. Speaking at the swearing in of 30 judges appointed for the Federal High Court,

However, it is wrong to assume that the judiciary alone should be blamed for this state of affair. In this wise, the former CJN was right to say that all the blames should not be heaped on the judiciary. In essence, there are enough blames to go around. Clearly, both the executive and the judiciary are blame worthy

the then CJN said: “With each allegation that passes, the need is ever present for the judiciary to address this issue and I feel it necessary to once again do so. I will not hide away from the reality that some judges and judicial staff may be complicit in corrupt practices, however, I must assert that corruption within the judiciary is only imbibed by a minute minority. “However as the saying goes, he who alleges must prove. This will indeed be done where accusers themselves avail us the particulars of these incidences of judicial corruption as well as the identity of the perpetrators, so that the National Judicial Council can act promptly and appropriately to remove such deviants from the Bench.” The CJN, had also at a meeting with the Attorney General of the Federation and Minister for Justice, Abubakar Malami, SAN, said lack of political will to prosecute politically exposed persons on the part of the executive was the reason why many politicians charged with corruption had not been convicted. The number of corruption cases and the amount involved are such that should give the leadership of the country nightmare. A report by Professor Bolaji Owansanoye titled ‘Justice or Impunity’ prepared for Stop Impunity Nigeria Campaign put the total amount allegedly embezzled and in respect of which charges are pending in courts at about N1.3 trillion. The cases included that of 15 former governors, four former ministers, five former lawmakers, seven former federal public servants, five former state public servants, eight from the banking sector. All these cases are stalled and hope that they will be successfully prosecuted is fading every on daily basis. So, the president is right to complain. However, it is wrong to assume that the judiciary alone should be blamed for this state of affair. In this wise, the former CJN was right to say that all the blames should not be heaped on the judiciary. In essence, there are enough blames to go around. Clearly, both the executive and the judiciary are blame worthy. To start with the judiciary, the rules of courts are such that allow cases to remain on trial for many years. The judiciary must accept full responsibility for refusing to reform itself and allowed itself to be manoeuvred by lawyers. Some judges have been compromised and are not helping matters. The courts continue to manually record proceedings and waste so much time when courts in other jurisdictions now allow proceedings to be recorded electronically. The prosecuting agencies which are parts of the executive also have their own share of

the blames. Sometimes, it is the prosecutor that asks for criminal cases to be adjourned. They keep on amending charges. The charges against the Senate President, Dr. Bukola Saraki, before the Code of Conduct Tribunal had been amended not less than four times. The prosecutor sometimes was not in court. Yet, the prosecutor is the agent of the executive, but tomorrow the executive will blame the judiciary for delaying the trial. On several occasions, former National Security Adviser, Sambo Dasuki, was not brought to court for trial. Recently, one of his counsel, who is also a former Attorney General of the Federation accused the government of deliberately frustrating Dasuki’s trial. The report cited above also found that the Economic and Financial Crimes Commission appeared to be overwhelmed by high incidence of corruption in Nigeria and also had to contend with yearly decrease in its budgetary allocations. Sometimes, the anti-corruption agencies try to overdo it by filing more than necessary charges. For instance, EFCC that is struggling to get conviction for a few counts of offence will pile up many counts and will end up not being able to successfully prove any. At times, those with responsibility for prosecuting corruption cases play to the gallery and rush into arresting and filing charges without conducting a thorough investigation. In fact, these agencies start to investigate after the suspects had been arrested. The trial of a former Bayelsa Governor, Timipre Silva, for alleged corruption was bungled by the prosecution. He had been arraigned with offences that appeared similar before four different judges of the Federal High Court. This is clearly an abuse of the process of the court. Rather than continue to trade blames, both the executive and the judiciary should carry out a soul searching. The Chief Justice of Nigeria should seek to identify how the judiciary can help the fight against corruption and find ways to reduce the length of time it takes to conclude cases. He should tell judges to strike out cases that are not diligently being prosecuted. The executive, especially the office of the Attorney General of the Federation, should identify its own shortcomings. After all, it is the duty of the executive to investigate and prosecute. Anti-corruption agencies should stop playing to the gallery and should arrest suspects only after they have gathered enough evidence to prosecute. Until then, the brickbats between the executive and the judiciary will only continue while those who looted the treasury continue to enjoy their loots.

TUESDAY, MAY 30, 2017 • T H I S D AY

FEATURES

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

A Season of Killings in Niger Laleye Dipo writes on the wanton destruction of human lives by villagers and herdsmen for flimsy reasons

The mosque where the first 21 people including the Imam were slaughtered by suspected herdsmen

irst, it was the desecration of a place of worship in Etogi Village in Gbara ward in the Mokwa Local Government Area of Niger State where 21 persons, including a man of God, who were thanking Allah for making them to see another day were killed when herdsmen stormed the holy place and snuffed out their lives. According to eyewitnesses, they were slaughtered like rams with blood flowing from the mosque as if it was an abattoir. Twenty four hours later another carnage was reported in Tunga Malam Village, a cattle market not too far from Paiko, the headquarters of Paikoro Local Government Area, when five persons were killed in cold blood over an undisclosed disagreement between a villager and Fulani man. It was in the same Paikoro Local Government Area where four Fulani herdsmen were killed a couple of months back over grazing of animals into farmlands, an incident that spread to Kpadna in Bosso Local Government Area leading to the killing of several people and destruction of property worth several millions of naira when men of the Nigerian army invaded the communities in search of arms and ammunition they claimed were hidden in the village which allegedly had been used to attack the Fulani herdsmen. The state government had set up two commissions of inquiry to look into the "remote and immediate causes" of the Paiko and Kpadna disturbances. The panels discharged their duties but months after the submission of their findings,

the government is yet to come out with a

According to reports, the attackers invaded the 1,500 population small island community coming through boats and riding on motorcycles. The invaders surrounded the village to ensure no one escaped. Allegedly led by the children of Yuguda, the attackers, after slaughtering those saying the early morning prayers in the mosque, were led from one house to the other by these children where men and children were brought out and killed like fowls. The attackers requested for money from their victims which they collected and still killed the villagers

position or release a white paper, even after the Senator representing the area in the National Assembly Senator, David Umaru, asked the government to implement the report of the commissions of inquiry. This inaction by the government may have strengthened villagers and Fulani herdsmen to take laws into their hands as the last two incidents have shown. The incident at Etogi Village was the second in recent times. A couple of months ago the villagers and the Fulani herdsmen who had settled in the community were said to have clashed, leading to the murder of a Fulani man. The clash, just like the recent one, was over the refusal of the Fulani settlers to pay royalty to the natives for the land they were given to stay, farm and graze their cattle. The demand for royalty caused a misunderstanding leading to the killing of a Fulani man. The timely intervention of the leadership of both the natives and the Fulani's as well as the security agencies did not allow the crisis to escalate. “The killing of a herder was managed but it appears they (herders) were not satisfied and decided to retaliate,” Police spokesman Bala Elkana said while reacting to the last skirmish between the villagers and the Fulani settlers. There is a story that when fishing business thrived in Etogi some 60 years ago, the community released some of their land to the Fulani herdsmen in exchange for royalties. However fish farming in the area is reported as not being lucrative any longer,

resulting in the villagers making moves to reacquire their land. It was said that the villagers reached another agreement with the herders for them to use the land for dry season farming and that the Fulanis should allow the harvest of rice and other farm produce before allowing their animals graze on the land. Alhaji Abubakar Taofiq Tauheed confirmed this much when he said the refusal of the Fulani settlers to respect the terms of the agreement was partly responsible for the frictions between the villagers and the Fulanis over the years. A youth leader in the community, Jibril Kpogi, blamed the latest crisis between the Fulanis and the community on one of the Fulani leaders whose name he gave as Tanko Yuguda. According to Kpogi, Yuguda had become "untouchable" and even boasted of having god-fathers in Bida, the headquarters of their emirate and in Minna, the state capital. Yuguda was said to have the largest number of heads of cattle in the community and by extension the richest man there. After the last skirmish between the Fulanis and the community which led to the arrest and detention of Yuguda for one week by the police in Minna, he (Yuguda) was reported to have, after his release, threatened to deal with the villagers. He reportedly moved out his cattle and family from the settlement. Kpogi, narrating how the herders wreaked havoc on their community, claimed that it was Yuguda’s four children, Babari, Nda, Namadu, and Chepa that showed the houses

• T H I S D AY TUESDAY, MAY 30, 2017

FEATURES of villagers to the attackers before they embarked on the slaughtering spree. On how the village head escaped the assault, it was said that the invaders allowed him to run away because ‘’he has been sympathetic to the cause of the Fulani settlers.’’ The village head surfaced when the state acting governor Alhaji Ahmed Mohammed Ketso visited the troubled community for an on-the-spot assessment, to the consternation of his subjects. According to reports, the attackers invaded the 1,500 population small island community coming through boats and riding on motorcycles. The invaders surrounded the village to ensure no one escaped. Allegedly led by the children of Yuguda, the attackers, after slaughtering those saying the early morning prayers in the mosque, were led from one house to the other by these children where men and children were brought out and killed like fowls. The attackers requested for money from their victims which they collected and still killed the villagers. The deputy village head was said to have been caught in the bathroom where he was taking his bath before coming out for the early morning prayers; he was gunned down there. One Soje Jibrin, according to an eyewitness, was killed along with seven of his children while Adamu Usman who asked his wife to show where he kept his money was slaughtered after the money had been taken. It was said that one Abdullahi Yanda, the richest man in the village, lost more than N3m to the attackers before he was shot. All efforts to locate Tanko Yuguda have so far proved abortive. The affected village has become a ghost of itself. Women were seen carrying their luggage on their heads, heading towards the river bank for journeys to unknown destinations; stench from decomposing dead bodies buried in shallow graves and rotten fish abandoned by their owners, who had either died or fled, filled the air. Eleven graves where those that were massacred were shown to the state’s Acting Governor, Alhaji Ahmed Mohammed Ketso, who was on an on-the-spot assessment of the troubled community. Three of the graves lying side by side were that of a father, his wife and son. A bowl containing the decomposing liver of the wife of the man was placed on her grave. Similarly, the remains of the Imam of the village mosque, Imam Saidu and the Deputy village head, Alhaji Ahmadu Tella, who were both killed by their attackers, lay close to each other. Most part of the ground was also blood

This is not acceptable, it is a heinous crime against innocent citizens of this country and I can assure you that my men are equal to the task, we will fish out the perpetrators of this crime and we will bring them to face the law. This act is condemnable because they have raped, they maimed and they have killed innocent citizens, so what I can assure you is that wherever these people are, we will find them and make them face the crime that they have committed

Acting governor of Niger State, Alhaji Ahmed Mohammed Ketso (3rd left), accompanied by the state Commissioner of Police, Muazu Zubairu, during an on-thespot assessment of Efogi Village where 27 people lost their lives

Some of the graves where those that died were buried

stained. Kpogi debunked the claim that only 21 persons died in the attack. According to him, some of the villagers were forced into the river Niger where they reportedly drowned while others who ran into the forest were yet to be seen. The mosque that witnessed the attack was under lock and key when the acting governor visited. One interesting scenario in the community was that no Fulani herdsman was either in the troubled area or in their own settlement. The acting governor, Ketso expressed sadness at the large number of human lives lost for no just cause and warned that the government ‘’will no longer tolerate the killing of innocent people in the state for whatever reason,’’ Ketso said in reaction to the massacre and similar incidents that had taken place in the state in the last couple of months. "As a responsible government, we cannot fold our hands and watch the people being killed like animals under whatever excuses. This type of senseless act will no

longer be tolerated by this government. "We will do everything possible to protect the people because that is our responsibility as a government; what I have seen here today and the testimonies from the people, is a crime against humanity which must not be allowed to repeat itself. "We have witnessed a number of killings here in this state and it is time we rise-up to the occasion and deal with those involved decisively. Nothing is worth the life of the people.’’ Kesto, who was accompanied to the community by the state’s Commissioner of Police, Muazu Zubairu, said the state government would work closely with all the security agencies in the state to check the activities of these armed bandits, stressing that:“as a government, we will assist them with logistics, we have started discussion with them.” The state’s Commissioner of Police, Zubairu, also described the massacre as a “heinous crime”, assuring that the perpetrators would be fished out, and

punished accordingly. “This is not acceptable, it is a heinous crime against innocent citizens of this country and I can assure you that my men are equal to the task, we will fish out the perpetrators of this crime and we will bring them to face the law. "This act is condemnable because they have raped, they maimed and they have killed innocent citizens, so what I can assure you is that wherever these people are, we will find them and make them face the crime that they have committed.” The state’s Emergency Management Agency has put the death toll in the crisis at 27, saying three corpses were recovered from the forests while three others died at the Federal Medical Centre, Bida. The police however ascribe excessive consumption of alcohol as the cause of the disturbance. Police Public Relations Officer, DSP Bala Elkana, said three suspects each have been arrested in connection with the two incidents. He also said peace has returned to the troubled communities.

IMAGES

L-R., Corps Marshal, FRSC, Boboye Oyeyemi; Vice Chancellor, Federal University of Technology Owerri (FUTO), Prof Francis Eze ?and, Deputy Corps Marshal, Training, Demola Lawal during FRSC ‘ s visit to FUTO to discuss take off of FRSC Academy Udi, Enugu as a degree awarding institution in

L-R; Managing Director/Chief Executive Officer, Planet Projects, Mr. Biodun Otunola, Popular Actress, Mrs. Ajoke Jacobs; President, International Facility Management Association (IFMA) Nigeria Chapter, Mr. Pius Iwundu and Key Note Speaker, Dr. Christopher Kolade at the 2017 World Facility Management Day Celebration in Lagos...recently

L-R: Lisa of Ikate-land, High Chief, Moruf Elegushi; Lagos State Commissioner for Transportation, Mr. Anofi Elegushi; Member Lagos State House of Assembly, Hon. Rasheed Alimi; Commissioner for Special Duties and Intergovernmental Relations, Mr. Seye Oladejo, representing the State Governor, General Manager of LASEMA, Abiodun Tiamiyu and the Permanent Secretary in the Ministry, Mrs. Adebunmi Adekanye, during the cutting of the tape to commission the new Lagos State Emergency Agency (LASEMA) Response Unit, at Lekki, Lagos....recently

(L-R) General Manager, Techplus, Taiwo Oyewole, Project Director, Eruke Ideh-Ichofu, Project Director, Ezenwanyi Edokpolo and the Executive Director, Connect Marketing Services, Tosin Omoyajowo at the 2017 Techplus stakeholder’s parley in Lagos...recently

T H I S D AY • TUESDAY, MAY 30, 2017

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

L-R: Special Adviser to the Lagos State Governor on Education, Mr. Obafela Bank-Olemoh; Deputy Governor and Commissioner for Education, Dr. Oluranti Adebule; Commissioner for Information & Strategy, Mr. Steve Ayorinde and the Special Adviser to the Governor on Housing, Mrs. Aramide Giwanson, during the Ministry ministerial press briefing to mark the 2nd year in office of the present Administration in Lagos State, at Alausa, IkejaÖrecently

From back roll: L-R: Group Public Relations / Events Manager, Dufil Prima Foods Plc., Tope Ashiwaju; Coordinator, Indomie Fan Club, Faith Joshua, Head of Marketing Indomie, Manpreet Singh with children of Indomie Fan Club at the 2017 Indomie Children Day Celebration in Apapa Amusement park, Lagos... recently

L-R: Chief Executive Officer Protergia Nigeria Limited , Mr. Ayodeji Deji; Minster of Power Works and Housing, Mr. Babatunde Fashola ; Acting Permanent Secretary Ministry of Power Works and Housing, Alh. Chubado Jada; and Assistant Director Energy Department Ministry of Power Works and Housing, Mr. Ali Abubakar, during the inauguration of 100KWP Rooftop Solar PV System in Abuja...recently

L-R; The Managing Director, FrieslandCampina WAMCO Nigeria PLC, Mr. Ben Langat; Chief Operating Officer, CPEMEA Royal FrieslandCampina, Mr. Roel van Neerbos; Chairman, FrieslandCampina WAMCO Nigeria PLC, Mr. Jacobs Ajekigbe; and Chairman, Supervisory Board, Royal FrieslandCampina, The Netherlands, Mr. Frans Keurentjes at the 44th Annual General Meeting of FrieslandCampina WAMCO Nigeria Plc in Lagos,.. recently. SUNDAY ADIGUN

T H I S D AY • TUESDAY, MAY 30, 2017

BUSINESSWORLD NIBOR OVERNIGHT 1-MONTH

R A T E S 21.3750 21.0038

3-MONTH 6-MONTH

A S

22.5331 24.6856

A T

NITTY 1-MONTH 2-MONTH 3-MONTH

M A Y 20.1827 19.0286 19.3855

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

2 6 , 6-MONTH 9-MONTH 12-MONTH

2 0 1 7 21.3861 21.5058 22.5392

EXCHANGE RATE N305.35/ US DOLLAR AS AT LAST FRIDAY

Quick Takes SIIFZ Lauds OGFZ Policy Review

FIRSTBANK FLAGS OFF FINANCIAL LITERACY PROGRAMME

L-R: Permanent Secretary, Ministry of Education, Ebonyi State, Mrs. Comfort Abia Onyike; Zonal Head, Public Sector Group, South East Zone, FirstBank, John Okoye; Secretary to Ebonyi State Government, Professor Bernard Odo; Group Executive, Retail Banking South, FirstBank, Nnaemeka Ejeh; Relationship Manager, FirstBank, Chioma Nweze; and Commissioner for Education, Ebonyi State, Professor John U.Eke at the flag off of the FirstBank Financial Literacy Programme in Ebonyi State...recently

Power Operators Seek Harmonisation of Market’s Trading Currency Chineme Okafor in Abuja Operators in Nigeria’s electricity market have called for harmonisation of the trading currency used in the market to reflect uniformity in payment terms for services rendered and contracts entered into. According to the communiqué of a meeting convened by the Market Operator (MO) department of the Transmission Company of Nigeria (TCN), the operators want every transaction, such as tariff, payment for gas and energy supplied to be denominated in one single currency as against the existing practice of paying for gas in dollars and other services in naira.

ENERGY The communiqué also revealed that the 11 electricity distribution companies (Discos) also called on the National Assembly to pass a law that would set up a special court to swiftly adjudicate cases of electricity theft in the country. The meeting was part of the MO’s quarterly activities aimed at developing the electricity market. It had in attendance, the electricity generation companies (Gencos), Discos, TCN, Nigerian Bulk Electricity Trader (NBET), Bureau for Public Enterprise (BPE) and Nigerian Electricity Regulatory Commission (NERC); amongst others.

According to the communique, the Gencos also declared that they have the capacity to generate up to 8,500 megawatts (MW) of electricity and thus requested that the transmission and distribution capacities of the Discos and TCN be improved on to accommodate that. The Gencos, it explained equally called for the centralisation of market collections and appropriate disbursement of revenue based on agreed percentages. Additionally, the Gencos requested for the activation of their existing contracts with the NBET and denomination of gas price in naira as it agrees with the call from Discos for harmonisation of currency for

all transactions in the market. “Gencos called for alignment of market payment with the gas payment cycle. The Gencos also demanded for a payment mechanism for the outstanding N504 billion. Discos on their part, called for implementation of the last tariff review for the end users. They also called for immediate payment of MDAs outstanding debts in order to improve liquidity in the market as well as a holistic approach of addressing the sector challenges not only the upstream. According to the communique, the Discos and TCN called for cost-reflective tariff that assumes no borrowing. Continued on page 22

Shell Commences ‘Skeletal’ Loading of Crude Oil from Trans-Forcados Pipeline Ejiofor Alike After months of repairs, Shell Petroleum Development Company (SPDC) has restarted the Trans-Forcados crude export pipeline with the completion of the loading of the first tanker – Astro Perseus, at the Forcados terminal, THISDAY has learnt. The crude oil tanker, it was learnt, has been scheduled to depart to Takoradi in Ghana. The Trans-Forcados pipeline was first attacked by the Niger Delta Avengers in February 2016, the first attack on a subsea pipeline in the country. A spill that occurred on February 14, 2016 on the subsea crude oil export pipeline, had forced Shell to declare force

ENERGY majeure on Forcados liftings a week later. Attempts to repair the 48-inch pipeline were frustrated by further attacks by the militants. For instance, the pipeline resumed exports in October 2016 after it was repaired but was shut down in November after the militants bombed the subsea facility for the second time. But an official of one of the companies that feed crude into the Forcados stream told THISDAY on condition of anonymity at the weekend that ‘skeletal’ loading had resumed at the facility with the loading of the first tanker – Astro Perseus.

According to him, a second crude oil tanker, Densa Orca, had arrived at the Forcados export terminal since May 22, at the instance of Vitol, which will load crude within the first week of June. “After Vitol, other oil trading companies such as Oando and Sahara Energy will likely load the next cargoes. Liftings have not resumed fully as the pipeline is still being text-run; it is still a sort of skeletal loadings. That is why Shell has not lifted the force majeure declared after the bombing incident in February 2016,” he explained. Before the militant attacks, the Forcados stream accounted for between 200,000 and 240,000 barrels per day of Nigeria’s

crude exports. SPDC and other upstream companies operating in the western Niger Delta evacuate crude oil and condensates through the pipeline to the export terminal. Companies that were hit by the bombing of the subsea pipeline included Shell, Seplat, Shoreline Resources Limited, Neconde, First Hydrocarbon Nigeria (FHN) and NPDC. The Group Managing Director of Obijackson Group, the parent company of Neconde, Mr.Ernest Azudialu-Obiejesi told THISDAY recently that the company was producing between 51,000 barrels per Continued on page 22

The Snake Island Integrated Free Zone (SIIFZ) has applauded President Muhammadu Buhari for the recent approval of a policy review in the nation’s oil and gas logistics services, describing the policy review as a catalyst designed to boost operations, eliminate the entrenched monopoly and remove bottlenecks that had inhibited development over the years. Reacting to the development, the Chairman of Snake Island Integrated Free Zone (SIIFZ), Alhaji Abdulahi Yusufu, commended the federal government for ensuring that a practical approach and well informed decision was taken to address the deep-rooted problems affecting the growth and development of the oil and gas logistic services. “Free zones operators, investors both local and foreign, terminal port operators will henceforth experience relief while the enormous economic potentials of the sector will positively impact on the economy because of the policy review. The policy guarantees importers ‘the right to choose terminals or ports of their choice for the discharge of their cargo.’ This hitherto was impossible due to the monopolistic advantage enjoyed by Intels,” he said. The SIIFZ Chairman recalled that free zones stakeholders and ports terminal operators earlier this year had raised alarm against the proposed Bill to amend the Oil and Gas Export Free Zone Authority (OGEFZA), which if passed could have entrenched Intels’ monopoly in the sector.

Shell Celebrates Performing Students

Beneficiaries of Shell Petroleum Development Company (SPDC) Joint Venture undergraduate scholarship who have consistently earned excellent grades have been inducted into a new mentorship programme aimed at grooming them for entry into the oil and gas industry and motivating them to maintain their top academic performance. “Our Shell Meet Scholars programme is an extension of our joint venture’s education initiative for undergraduates in our areas of operation. It is our way of giving recognition to beneficiaries of our university scholarship scheme who have consistently maintained a CGPA of 4.5 and above in their courses of study,” said SPDC’s Social Investment and Social Performance Manager, Gloria Udoh when 18 out of the 22 students visited the corporate headquarters of the company in Port Harcourt. She said that with the programme, the scholarship scheme has taken a more sustainable character as SPDC will encourage the 22 students to maintain their current academic grades by having SPDC mentors assigned to them. “They also qualify for automatic internship placement in the company and free enrolment to the Shell-built Port Harcourt Literary Society Library,” Udoh added.

Global LNG Prices Drop

Asian LNG spot prices fell last week due to a lack of significant new demand from the Middle East and others as supplies emerged from Papua New Guinea, Angola, Abu Dhabi and Russia Spot prices for July delivery LNG-AS were assessed at $5.45 per million British thermal units (mmBtu), down five cents from the previous week. Demand from Argentina to South Korea and Japan did little to lift July prices above later months and establish a backwardation curve, one trader said, instead pointing to relatively flat prices in Asia’s high-demand summer months. “Demand is not getting weaker but the problem is that all the demand from the Middle East, places such as Egypt, has been committed, and there is not much new demand coming to push up spot prices,” a trader said. But additional supplies from new project start-ups are around the corner. Test cargoes from Chevron’s Wheatstone project in Australia are due from June or July. Meanwhile, exports from Train 4 at Cheniere’s Sabine Pass plant are to start in September.

“Two years ago, when our Chairman came, part of the priority sectors that President Muhammadu Buhari put before him was the refineries” President/CEO, GE Nigeria, Dr. Lazarus Angbazo

T H I S D AY • TUESDAY, MAY 30, 2017

BUSINESSWORLD POWER OPERATORS SEEK HARMONISATION OF MARKET’S TRADING CURRENCY

However, it was noted that tariff reviews should be based on proper tariff studies taking into consideration all possible impacts. The communiqué added: “Discos called for subsidy in the market to support purchasing power of the population, and that government should remember to redeem her earlier promise of the N100 billion subsidy.” On electricity theft, which has reportedly become a prevalent challenge for the Discos, which called for legislative action or backing to address cases of electricity theft and delinquent customers through the introduction of special electricity courts which will have time limit to address disputes and issues of delinquent customers. “Delinquent customers should be made to pay interest on their outstanding bills”, they stressed. SHELL COMMENCES ‘SKELETAL’ LOADING OF CRUDE OIL FROM TRANSFORCADOS PIPELINE

day and 52,000 bpd from Oil Mining Lease (OML) 42 before the militants bombed the Forcados pipeline. He added that after the attacks, his company experienced zero production for six months before production was ramped up to its current level of 15,000 bpd. Some marginal field producers such as Pillar Oil, Midwestern Oil and Gas, Platform Petroleum and Energia also convey their crude oil through the pipeline. However, some of the marginal field producers have another alternative route through the pipelines operated by the Nigerian Agip Oil Company (NAOC) to carry their crude oil to Brass Export Terminal. Seplat Petroleum Development Company Plc is also planning to bypass the Trans-Forcados pipeline with the Amukpe-Escravos pipeline, which is scheduled for completion this year.

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

PENGASSAN: Nigeria Lost over $235bn to Non-passage of PIB Seeks passage of four other aspects of reform bill

Ejiofor Alike Oil workers under the aegis of Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) has stated that Nigeria has lost over $235 billion as a result of its inability to pass the Petroleum Industry Bill (PIB) into law since the reform in the Nigeria’s oil and gas industry was kick-started 17 years ago. The union has therefore charged the National Assembly to pass the other aspects of the PIB - the Petroleum Fiscal Framework Bill; the Petroleum Industry Downstream Administration Bill; the Petroleum Industry Revenue Management Framework Bill and the Petroleum Host Community Bill, into law. In a statement at the weekend, the Chairman of NUPENG and PENGASSAN Petroleum Industry Bill Committee, Comrade Chika Hyginus Onuegbu commended the Senate led by the Senate President Senator Bukola Saraki and its Joint Committee on the Petroleum Industry Governance Bill (PIGB) led by Senator Tayo Alasoadura for the passage of the Petroleum industry Governance Bill (PIGB) 2016. He said the passage of the PIGB was a milestone achievement, especially as it was not an Executive Bill. Onuegbu, however, noted that the PIGB only deals with the one aspect of the PIB, which is the governance and institutional framework of the

Nigerian petroleum industry. “Also, when you consider that Nigeria has lost over $235 billion due to its inability to pass the Petroleum Industry Bill into law since the reform in the Nigerian Petroleum industry was kick-started 17 years ago. We therefore look forward to the concurrent passage of the Petroleum Industry Governance Bill (PIGB) into law by the Federal House of Representatives and also eventual accent by the President of Nigeria,” he

explained. He added that the passage of the PIGB is commendable but will not deliver the full benefits of the intended reforms except if the other aspects of the PIB are also legislated. Onuegbu also argued that there is no mention of the Petroleum Host Community Fund in the PIGB, adding that one of the major challenges facing the industry is host community and Niger Delta issues.

According to him, before the recent truce initiated by the Acting President when he visited the Niger Delta, militant Attacks in the region had led to significant amounts of shut-in production at onshore and shallow offshore fields. “You will recall for instance that Nigeria’s 2016 budget was based on Crude oil export of 2.2mln bpd with MTEF projections of 2.347mln and 2.469mln bpd for 2017 and 2018 respectively. Unfortunately, due to the Militancy in the

Niger Delta, Nigeria’s crude oil export in 2016 only averaged some 1.5mln bpd creating a deficit of some 700,000 bpd in export, thereby worsening her economic crises and pushing the country deeper into recession, exchange rate crises, and stagflation. Therefore, it is important that any legislation to address the challenges in the Nigerian oil and gas industry must make provisions on how to effectively address the Petroleum Host community issues,” Onuegbu explained.

BRAINSTORMING ON LEADERSHIP

L-R: Country Manager, Weber Shandwick, Jerry Sawyer; Chairman, NIPR, Lagos Chapter, Segun McMedal; MD, Weber Shandwick Africa, Jill Hamilton; former NIPR Chairman, Lagos Chapter, Nkechi Alli-Balogun and Founder, Prime Weber Shandwick, Carl Fredrik at the Weber Shandwick PR Leadership forum in Lagos...recently ABIODUN AJALA

NNPC in Talks with Investors for R&D, NLNG, NCDMB Sign Shipping Businesses Service Level Agreement on Texas, where he affirmed that the gaps in the healthcare Chineme Okafor in Abuja Compliance response from the Chinese delivery in Nigeria,” said The Nigerian National Petroleum Corporation (NNPC) is in talks with American and Chinese investors interested in working to grow the corporation’s business interests in the non-core oil sectors of its operations. The corporation, which disclosed this in a statement, added that so far, it has identified potential investors to collaborate with in expanding its research and development (R&D), health, shipping and telecommunications business interests. These investors, it noted are Americans and Chinese. According to the corporation, the collaboration was necessary following the volatility in crude oil prices in the international market. NNPC explained that it would look to its non-core oil sector to stay afloat, adding that it has specifically established contacts with some Chinese investors to partner in its R&D venture. The statement quoted the Chief Operating Officer in charge of Ventures at the corporation, Dr. Babatunde Adeniran to have said this at the recent 10th edition of the Annual sub-Saharan Africa Oil and Gas Conference in Houston,

prospects had been favourable. Adeniran, the statement noted, said the NNPC had also extended it dragnet to American investors who he affirmed were interested in working with the corporation on R&D. He said there had been low investment in R&D in the industry in sub-Sahara Africa, thus necessitating NNPC’s commitment to key in to maximise available opportunity in the sub-sector and region. Adeniran, further outlined in the statement which was signed by NNPC’s Group General Manager, Public Affairs, Mr. Ndu Ughamadu, other non-core oil and gas sectors that are of interest to NNPC to include healthcare, shipping and telecommunications. On health, he stated that NNPC has 52 clinics across Nigeria, indicating it perhaps has the largest healthcare investment owned by a single business entity in Nigeria. “NNPC Medical is already talking to top class medical centres across the world for partnership. Billions of dollars went into medical tourism in Nigeria yearly. NNPC is poised to take advantage of

Adeniran. In a similar development, the corporation also disclosed that it has received about 34 bids submitted by different companies for the digitisation of all of its legacy documents domiciled in its corporate headquarters. It explained that the bid opening exercise was conducted in the full glare of representatives of the bidding companies and Civil Society Organisations (CSOs) in Abuja. Quoting its Group General Manager, Information and Technology Division (ITD), Mr. Danladi Inuwa, at the bid opening, the corporation said the exercise was geared towards having electronic copies of all NNPC documents in line with global best practices. “I am happy that there is much show of interest in this process. The process is going to be transparent from the beginning to the end and we want the best yield in terms of value addition and best services and this was why the bid tender was extended to twelve (12) weeks,” Inuwa who was represented by represented by General Manager Applications, Mr. Kunle Osobu.

Ejiofor Alike The Nigerian Content Development and Monitoring Board (NCDMB) and the Nigerian Liquefied Natural Gas (NLNG) Limited have signed a Service Level Agreement (SLA), committing to compliance with the provisions of the Nigerian Content Act and timely approvals of documents. The Executive Secretary of NCDMB, Mr. Simbi Wabote and the Managing Director of NLNG, Mr. Tony Attah signed on behalf of their organisations in Abuja. The SLA, first of its kind to be entered between a regulator and another entity in the oil and gas industry would be adopted as the template for managing documentations, contracting and expatriate quota between the Board and international and local operating companies. The agreement obligates NLNG to submit to the NCDMB documents like the Quarterly Job Forecast, Nigerian Content Plan, Bidders List, Nigerian Content Evaluation Criteria, Nigerian Content Technical Bid among others. By the terms of the agree-

ment, the Board has to respond on specific timelines and should the Board fail to respond in accordance with the provisions of the SLA, NLNG can proceed with its tendering process. Speaking at the event, Wabote acknowledged that NLNG’s operations are time sensitive, adding that the SLA would ensure that “NLNG is not exposed to violations and NCDMB is not a blocker to the business.” He said the SLA was a key strategy of shortening the contracting cycle, cutting the cost of projects and improving compliance with the Nigerian Content Act. Speaking further, Wabote explained that activities of the NCDMB impacts on the business of the NLNG while the company’s operations also influence how the Nigerian Content Act is viewed by stakeholders. He also canvassed for greater collaboration between the two organisations, requesting for NLNG’s support towards the development of a dry dock facility in the Niger Delta region, to cater for the maintenance of big vessels, including LNG carriers.

T H I S D AY • TUESDAY, MAY 30, 2017

BUSINESSWORLD

ANALYSIS

Despite Flashes of Recovery, Nigerian Economy Remains in Distress Two years on, a combination of factors including delayed response by the federal government to the structural adjustments needed to avert an economic crisis, policy inconsistencies, missteps and outright lack of political will to embrace whole-hearted reforms, pushed the economy on a negative trajectory. Ndubuisi Francis writes that in spite of recent reversals in some macroeconomic fundamentals, the economy is still on a long path to recovery After nearly five years of stability, the price of oil in the global market took a plunge in the middle of 2014 and continued a precipitous journey south. Towards the end of that year, the price of the commodity had taken a slide by over 40 per cent from June when it was on a high of $115 per barrel to below $70 a barrel. This was to trigger a lot of concerns and reactions by a motley crowd of state and non-state actors. The administration of former President Goodluck Jonathan under whose watch the fall in oil price commenced came up with a cocktail of belt tightening measures to stave off a looming revenue squeeze. On the heels of the global uncertainty occasioned by the fall in commodity prices, including oil, the International Monetary (IMF) and the World Bank had advised Nigeria and other emerging markets, low/middle income, commodity-dependent countries to evolve contingency plans to continue managing their economies. As part of measures to ensure a more sustainable revenue profile in the 2015 budget, the then government unveiled a set of measures to tackle the huge revenue gap created by the falling oil price and massive decline in production occasioned by oil theft in the Niger Delta. Emphasis was placed on increasing non-oil revenue, including surcharges on luxury items. Beyond raising additional revenues, the government said the implementation of the surcharges policy was designed to send a compelling message of addressing socioeconomic inequalities in the country. Luxury surcharges were therefore introduced on private jets with all local and foreign registered private jets operating in Nigeria to pay an annual surcharge of N3,200 per kilogramme based on the weight of each aircraft. There was also a 50per cent import tax adjustment on Yachts, just as Champagnes, wines and spirits attracted an import adjustment tax of 50per cent. International travel surcharge also came into the mix. All first and business Class foreign air travels tickets attracted a flat rate of N15,000 per ticket as foreign travel surcharge. Besides surcharges, the Federal Ministry of Finance, in conjunction with the Federal Inland Revenue Service (FIRS), as a short-term measure, also conducted a review of the implementation of the Pioneer Status incentive granted to some oil and gas companies. This was targeted at unlocking some additional tax revenues in 2015. Consequently, 22 companies, which were granted Pioneer Status contrary to the provisions of the Industrial Development Act were identified. The Nigeria Investment Promotion Council (NIPC) was directed to restrict the Pioneer Status granted to the 22 companies to three years and the FIRS raised assessments on four of the companies that were liable to pay. It was also in tandem with the belt tightening measures and efforts to address the huge revenue shortfall engendered by the fall in oil price that the National Assembly, for the first time in many years, acquiesced to a 25 per cent cut in its annual budget of N150 billion in 2015. These were some of the fiscal measures the Jonathan administration embarked upon to address the plummeting oil price before leaving the stage for the then incoming Buhari government. It is instructive that while the revenue squeeze set in, the then Coordinating Minister for the Economy and Minister of Finance, Dr. Ngozi Okonjo-Iweala had repeatedly told Nigerians that tough times were ahead. She had also

Buhari assured that there was no need for panic as the then government would address the challenges with appropriate measures. When the Jonathan administration lost power, she had also admonished the incoming administration to muster the political consensus on how to build fiscal buffers, noting that had the Excess Crude Account (ECA) not been depleted, the unfolding economic difficulties occasioned by the fall in oil prices would have been mitigated. She recalled that during her stint as finance minister under former president Olusegun Obasanjo, between 2003 and 2006, the need to build fiscal buffers was explored, culminating in the creation of the ECA. According to her, with the $22 billion that administration left in the ECA, the country was able to weather the global financial meltdown between 2008 and 2009, when oil prices plummeted to about $40 per barrel from about $147 per barrel without borrowing. Okonjo-Iweala expressed regret that on her return as finance minister in August 2011 under the Jonathan administration, the ECA had plummeted to about $4billion, adding that it was on record that she had mounted a strident but futile campaign on the need to build the buffers again. Her clamour for the rebuilding of the ECA, she said, was drowned by a cacophony of voices from the federating states to share everything. She stressed that with the revenue drop arising from the fall in oil price, many had wondered whether it was an act of irresponsibility on the part of the government not to have saved when oil prices were high, noting that it was that insistence to share accruals in the ECA that depleted the fiscal buffers. How IMF perceived the previous govt’s measures Following the steps taken by the past government to address the price shock, the Managing Director of the International Monetary Fund (IMF), Christine Lagarde had described them

Adeosun as ‘excellent’. Lagarde said both the monetary and fiscal policies were commendable, and urged the then incoming administration headed by Buhari to build on the legacies. Lagarde, who observed that the right measures had been put in place to manage the price shock, said: “I will like to say that the economic policy that has been in place, especially in the last few months has been really excellent, whether it is the fiscal tightening of the exchange rate of depreciation, or general focus on keeping the economy afloat despite the major external shocks as a result of low oil prices. “The right measures have been taken, the right policies have been put in place, and very clearly now, a lot of work should continue to be done by the next team. But the problems remain the same—the external shocks are the same, the prospects for the oil prices are reasonably low and the efforts to diversify the economy as has just been attempted by the current team will hopefully continue, for the benefit of Nigeria,” she said. State of the economy before Buhari assumed office Although, the price of oil had dropped to about $46 per barrels at the time the last administration was leaving office, the economic fundamentals were still strong. Nigeria’s real GDP grew by 3.96 per cent year-on-year in the first quarter of 2015. The official exchange rate of the naira to the dollar was N198/$. The foreign reserves stood at about $32 billion and inflation rate was at a single digit of about 9 per cent. The journey to recession Among the wrong steps taken by the incumbent administration and which ultimately contributed to the current negative trend was to allow the economy rudderless for over six months after the president assumed office. Uncertainty pervaded the landscape as there was no cabinet in place,

and no economic direction was provided. For a country that already lost half of its revenue to drop in oil prices, it was unfathomable. Foreign direct investment went to the nadir and existing foreign investors, divested billions of dollars from the economy while local ones were left in the lurch. When the cabinet was finally constituted by president Buhari, a sucker Punch has already been dealt the economy. Even when the cabinet was in place, the problem of an economy bereft of direction persisted. There was no economic team to provide the much-desired economic roadmap. Fiscal measures were for a long time not forthcoming. On the monetary side, when the Nigerian economy started to experience considerable slowdown in GDP, the Central Bank of Nigeria (CBN) attempted to stem the tide, and in November 2015, introduced the asymmetric corridor to encourage banks to lend to businesses rather than deposit with the CBN. This was counter-productive and rather increased excess liquidity instead. In 2016, the CBN hiked its benchmark Monetary Policy Rate (MPR) to mop up excess liquidity and ease the pressure on the Naira as well as inflation. Further effort to stabilise the naira continued in 2016, and CBN was compelled to peg the naira around N200/$ to N300/$ at the interbank segment. This was expected to make the naira gain some stability. Rather, the interbank rate and the parallel rate widened as the apex bank managed to keep the interbank rate at around N300/$. As oil revenue continued to nosedive, the naira went into a free fall against the dollar with dwindling oil revenue and depleting foreign reserves. When the country slipped into recession in the second quarter of 2016, many analysts believed the worst economic contraction in Continued on page 24

T H I S D AY • TUESDAY, MAY 30, 2017

BUSINESSWORLD

ANALYSIS DESPITE FLASHES OF RECOVERY, NIGERIAN ECONOMY REMAINS IN DISTRESS

29 years would have been averted but for the delayed response by the Muhammadu Buhari administration to the structural adjustments needed to navigate through an economic crisis. That failure, they posited, resulted in a contraction of the gross domestic product (GDP) growth rate of 2.06 per cent in the second quarter of 2016. But instead of admitting that it had taken a number of missteps that could have averted the worst economic contraction in 29 years, the presidency and Ministry of Budget and National Planning attempted to put a spin on the damning economic data released by the NBS and engaged in a game of one-upmanship with the International Monetary Fund (IMF), assuring Nigerians that the economy will beat the fund’s gloomy forecast of -1.8 per cent for the year. One other misstep of the Buhari administration was the way it managed the Niger Delta issue, a region from where the bulk of the nation’s revenue is tapped. This exacerbated the nation’s woes as militants blew up oil installations, culminating in drastic revenue losses. The country bled from both price and quantity shocks. Flowing from a cocktail of these factors and more, Nigeria officially slipped into a recession based on NBS’ GDP growth figures for Q2 2016, which showed that the economy contracted by 2.06 per cent, compared to the negative growth of 0.36 per cent recorded in Q1 2016. Since then, the economy has recorded fifth consecutive contractions or negative growth. Hardship Although most Nigerians and corporate entities have been buffetted by the negative impact of heavy loss in oil revenue, they had managed to stay afloat. However, the economy’s slide into recession in the second quarter of 2016 has worsened the situation for individual and corporate Nigerians. As at the second quarter of 2016, the NBS reported that 4.8 million Nigerian had lost their jobs. The banking sector was among the worst hit due to the implementation of the Treasury Single Account (TSA). The manufacturing sector also got a bitter pill of the economic downturn with capacity utilisation at very low ebb. Cost of food has also hit the rooftops and most families can barely afford three square meals a day. Parents whose children and wards are studying abroad cannot afford the foreign exchange needs due to the scarcity and high exchange rate of the greenback. Many are on a suicide binge as the economic monster bares its fangs. These economic adversities are still very much around although optimism is strong in the air that Nigeria will exit recession soon following positive signals on some economic fundamentals. How the govt has managed the economy In preparing the 2016 Budget, which was the first the Buhari administration put together by itself, the government opted for an expansionary budget. The Buhari administration, in a bid to pull the country out of recession, decided that a potent way was to resort to huge spending and consequently embark on an expansionary budget of N6.06 trillion in 2016. It also introduced the Social Intervention Programme (SIP) with a N500 billion allocation in 2016. Under the SIP, the national home school feeding programme was one of the four social investment programmes for poor and vulnerable Nigerians designed by the administration. The other three programmes were: N-Power Volunteer Corps, which was designed to hire half a million unemployed graduates; Government Enterprise and Empowerment Programme (GEEP), which provides soft loans ranging from N10,000 to N100,000 for artisans, traders, market women, amongst others; and the Conditional Cash Transfer, which provides a stipend to the most vulnerable and poorest Nigerians. Similarly, the Budget 2017, which was recently passed the 2017 Appropriation Bill of N7.441 trillion by the National Assembly is retaining a budget of N500 billion for the SIP. $30bn External Borrowing Plan In the 2016 Budget, the federal government

But there are allegations that some governors diverted the bailout. However, the Federal Ministry of Finance has set up Financial Sustainability Plan to check abuses by states in the management of bailouts and states’ finances. Efficiency Unit The federal government also last year set up an Efficiency Unit (E-Unit) to monitor its agencies and ensure all expenditures are necessary and represent the best possible value for money. The E-Unit is domiciled at Federal Ministry of Finance and is expected to review all government overhead expenditure, to reduce wastage, promote efficiency and ensure quantifiable savings for the country. It works across all Ministries, Departments and Agencies to identify and eliminate wasteful spending, duplication and other inefficiencies, and is expected to identify best practices in procurement and financial management and share such knowledge with the MDAs to ensure its adoption Economic Recovery and Growth Plan (ERGP) The medium-term ERGP (2017-2020) which was initiated by the Ministry of Budget and National Planning, has among its broad strategic objectives, restoring sustainable, accelerated inclusive growth and development; investing in the people; and building a globally competitive economy. It targets the growth of Nigeria’s gross domestic product, GDP, by 2.19 per cent in 2017 and 7.0 per cent by the end of 2020. It also envisages reducing inflation to single digit by 2020 and increasing federal government’s revenues from N2.7 trillion in 2016 to N4.7 trillion in 2020. It prioritises key turnaround interventions and enablers to generate concrete, visible impact by 2017 and articulates medium term economic policies for implementation between 2017 and 2020. It equally focusses on achieving macroeconomic stability; economic growth and diversification; competitiveness and business environment; and governance and security.

Emefiele

Director-General of the Debt Management Office, Abraham Nwankwo set out to borrow $29.96 billion from multilateral institutions to finance capital projects and budget deficit under the medium-term

One other misstep of the Buhari administration was the way it managed the Niger Delta issue, a region from where the bulk of the nation’s revenue is tapped. This exacerbated the nation’s woes as militants blew up oil installations, culminating in drastic revenue losses. The country bled from both price and quantity shocks

External Borrowing Plan. The approval of the borrowing was mired in controversy when it was presented to the National Assembly. Eurobond Issue Nigeria’s $500 million notes under the $1.5 billion Global Medium Term Note programme was recently consolidated to form a single series with the existing $1 billion notes, which the country issued in February and will mature by 2032. The federal government therefore announced that it priced its offering of the $500 million aggregate principal amount of notes at a yield of 7.5 per cent under the $1.5 billion (increased from US$1 billion) Global Medium Term Note Programme. The N1 billion notes (Original Notes) were issued on February 16. The terms and conditions of the $500 million notes, said the statement, will be identical to those of the Original Notes, paying a coupon of 7.875 per cent per annum and maturing on February 16, 2032. When the $500 million Eurobond was issued, it was eight times oversubscribed. The proceeds of the Eurobond are to be channeled into defraying domestic debts. Bailout to states By September 2015, about 27 states of the federation were broke and were unable to pay salaries. The governors, cap in hand, approached the federal government for a lifeline. Consequently, a bailout was arranged for the states. At the last count, N1.5 trillion has so far been given to the states as bailout.

Tax Reforms Nigeria’s tax-to-GDP is considered about the lowest in Africa. In realisation of this and the quest to bolster the revenue base, a national tax policy review committee was consequently put in place by the government. The committee has already turned in its report, but the present government says it seeks to raise taxes, not reform taxes. The acting President, Prof. Yemi Osinbajo recently approved the revised national tax policy to address low taxation in the country. The Finance Minister, Mrs. Kemi Adeosun said: “What the (review) committee report has shown is that we should look at actually increasing VAT on some luxury items. At five per cent, we have lowest VAT. “And while we don’t think VAT should be increased on basic items, if you are going to drink champagne, for instance, in the UK, you drink champagne, the VAT is 20 per cent. So why should it be 5 per cent in Nigeria. “So, they have made recommendations that we should pull out some luxury items and increase VAT on those items immediately. “And I think that is a very valid and sensible suggestion which we are going to take to the national assembly to see how we can implement it.” Budget performance The federal government recently disclosed that N1.2 trillion of a capital budget of N1. 5trillion in the 2016 budget had been implemented. Although many feel the impact is not being felt. The good thing is that the administration has decided to give capital investment increased attention even in the 2017 Budget. The Downsides Despite some positive signals in the economy, the recent report by the NBS has been everything but positive in many fronts. In its “Selected Banking Sector Data”, the NBS said banks reduced their lending to the economy by N115billion in the first quarter of 2017, even as Nigerians withdrew N1.5trillion through automated teller machines (ATMs) during the quarter. Continued on page 26

30.05.2017

WEEKLY PULL-OUT

‘I INHERITED MOST OF THE PRESENT NBA CHALLENGES’

NBA President, A.B. Mahmoud, SAN

2/DASHBOARD

30.05.2017

Effect of Notice of Withdrawal of Appeal Not Served on Respondent PAGE 4

NBA-SBL Rolls Out Programme for its 11th Annual Conference PAGE 5

NBA President Seeks Collaboration with Muslim Lawyers on Islamic Banking PAGE 5

Capital Market Solicitors Elect New Exco PAGE 6

QUOTABLES

'The way our system is fashioned and designed, and operates, when you go to a court of law, you cannot have a draw game. There must be a winner and there must be a loser. In our system, a loser has a chance of appealing to the highest court eventually. So you can't say because the Government or any agency has lost a case in the High Court, they have lost a case.' – Honourable Justice Walter Onnognen, GCON, Chief Justice of Nigeria 'In any given country, when you have agitation from all over the country, and the agitation is being propelled again by violence, it tells you that compulsorily, it is a time to have a rethink.' – Ayo Opadokun, Lawyer, General Secretary, NADECO

‘Acquiring Skills and Professionalism to Achieve Career Goals is Vital’ PAGE 6

Two Lawyers Elevated to Partnership at Sefton Fross PAGE 7

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

ADERINSOLA FAGBURE Aderinsola Fagbure is a keen writer having written her first article which was published by the junior section of a national daily, at the age of five. She is a graduate of Igbinedion University Okada and has just completed a Master’s degree in Corporate Law at the University College London. Her column, “In black and white” discusses the need for innovation on the Nigerian legal scene particularly in the fields of Mergers and Acquisitions, Corporate Finance, Corporate Governance and Energy Law.

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

GUEST COLUMNIST OLAWALE FAPOHUNDA

Saving the NBA from Itself

Desire for a Public Interest Lawyer voted for AB Mahmoud, SAN for the NBA Presidency, and I got many lawyers in my circle to do the same. I had nothing against the candidature or person of JK Gadzama, SAN. Indeed, I find Gadzama a very likable person and irrespective of what anybody says about him, one cannot take away his accessibility, willingness and ability to engage lawyers of all ages. My vote was influenced by the desire to have a public interest lawyer, at the helm of affairs of NBA. I have severally agonised at the inability of the NBA to achieve its public interest potential. The successful NBA Presidencies have been those with the public interest flair of Alao Aka- Bashorun, who under very difficult political circumstances, placed the NBA at the heart of governance in Nigeria. Successive NBA Presidencies- JB Daudu, Rotimi Akeredolu and Austin Alegeh took up important access to justice issues. They established a template for a lawyers association that sees no contradiction between working in the interest of its members and working for the public good. 'A Brave New Bar' The election of AB Mahmoud, therefore, came with a lot of expectations. Many lawyers are probably unaware of his civil society network. Add this to his very impressive corporate contacts, and many of us cannot be faulted for thinking that his vision of ‘a brave new bar’ will be more than an election slogan. In August 2017, it will be one year since that historic election that ushered in AB Mahmoud, and if the truth be told, leadership has taken flight from the NBA. There is a palpable air of disappointment and concern about the future of the NBA. To be fair, the crux of the problem relates to the NBA 2016 National election and the resulting legal proceedings challenging the integrity of the electoral process. In addition, the problem caused by the application of the 2015 NBA Constitution, resulting in conflicts in some branches, particularly Ikeja and Abuja branches, culminating in the nullification of the NBA Constitution, have in many ways placed obstacles on the road to a brave new bar. There have also been a number of own goals. Quite apart from what strangely appears to be a deliberate policy of institutional weakening which has left the NBA bureaucracy in dire straits, the position flip flops and an inexplicable unwillingness to sustain the important milestones of previous administrations, have all combined to leave the association in an unenviable state. It is normal these days to hear leaders of the bar, helplessly speak about the ‘complex nature of the situation’, emphasising that there can be no easy solution. Outside the ‘complexity of the situation’, sentiments have drifted towards ethnicity and religion. The office of the President of the NBA or that of the Chairman of a Branch is a call to Pro-bono Service. It is therefore, difficult to understand why non-paying, thankless part time positions, should evoke so much emotion and passion akin to a do or die scenario. Surely it cannot be about enhancing ones CV! Need for a Crisis-Free NBA We now need to reverse the politisation of the NBA and halt this race to the bottom. As an important first step, there should be a collective appeal to JK Gadzama, to reaffirm his commitment to strengthening the Bar. As a consummate bar man, it cannot be his desire to see the NBA engulfed in crisis. There are definitely lessons to be learnt from the 2016 NBA elections. The electronic voting system was a bold and radical initiative, to simplify and reduce the cost of our elections. It must be obvious to all, that there is

NBA President, Abubakar Mahmoud, SAN

room for improvement, in order to ensure that the process is better understood by lawyers. Of course, ensuring that many more lawyers are Internet compliant, is an important step. This collective appeal should also be extended to those lawyers that have taken the association to court. We need the activism, energy and legal skills of these lawyers to solve many rule of law and human rights challenges, facing the poor and vulnerable in Nigeria today. There are too few lawyers working on justice sector reform matters. Specifically, there is a deficit of lawyers working in prisons. We have more than 20,000 prisoners across the 240 prison facilities in Nigeria, that are in urgent need of legal advice and representation. Obtaining a court order declaring their prolonged incarceration illegal and unconstitutional, will, in my considered opinion, be far more self-fulfilling than obtaining a court order against the NBA. For those who find prison litigation boring, there are over 3,000 Boko Harm detainees, who desperately require legal representation. It is sad that the current state of uncertainty within the NBA, has made it difficult for the leadership of the Bar to respond in a coherent and result oriented manner to the needs of the legal profession and the country as whole. How can the NBA complain about the inability of the Buhari Administration to make rapid progress on issues of administration of justice, a core mandate of the NBA, if we are struggling with the administration of the Bar? The second year anniversary of the Buhari administration will have been a good opportunity to take stock of the state of the justice sector, and complain about the lack of meaningful progress across the sector. Despite several requests, we are yet to see Buhari’s Administration's vision, policy statement and action plan for the justice system

"IN ALL, IT WILL BE HELPFUL FOR THE LEADERSHIP AND AGGRIEVED LAWYERS, TO KEEP REMEMBERING THAT THE NBA IS A PROFESSIONAL ASSOCIATION, AND NOT A POLITICAL PARTY"

in Nigeria. We have complained about the state of the judiciary, the police, the prisons and justice institutions like the Ministry of Justice, Legal Aid Council and the National Human Rights Commission. Given its current crisis, how can the NBA tell the Buhari Administration that on judicial reform, it is simply unacceptable that the most significant intervention in the judiciary over the last two years, was the invasion of the houses of judicial officers and the failing attempts at prosecuting those arrested? Concerning the police, is the NBA in its current shape able to tell the Buhari administration that two years of change has done little to change public perception of corruption, impunity, absence of accountability, incompetence, and failure to control the law and order situation? Is the NBA in a position to tell the Buhari Administration that, keeping thousands of persons in our prisons without trial, is not simply a law, justice and human rights issue or about costs, it is also now one of national security. The evidence of this can be seen first hand in the on-going struggle of our security agencies, including the Nigerian Military, to find secure prison facilities for arrested insurgents, who constitute a clear and on-going threat to the peace and stability of Nigeria. That over the two years of the Buhari Administration, justice institutions established to respond to the needs of the poor and the vulnerable, the Legal Aid Council and the National Human Rights Commission, are themselves now poor and vulnerable, and are struggling to fulfil their mandate. Reconciliation and the Need for a Change of Direction It must be increasingly obvious to the NBA leadership now, that a change of direction is urgently required. The silly practice of profiling those ‘who voted for us and those who voted against us’ should be stopped forthwith, as a component of on going peace-building efforts. Pretending that all is well in the midst of court cases and increasing vocal opposition to the administration, is simply ridiculous. The NBA President and his team should take additional deliberate steps to reach out to those aggrieved not only by the existence of his administration, but the policies of previous ones. With just over a year before the next cycle of campaigns begins, the NBA leadership must now take a realistic look at what is achievable for the bar and for the people of Nigeria. In my respectful view, hope is not lost. Peace and the setting aside of the Federal High Court judgement nullifying the NBA Constitution are attainable goals. The agenda, going forward, must now be limited and focused. The process of professionalising the Bar should be pursued with additional vigour. The lawyer’s verification exercise should continue. The delays encountered by lawyers in obtaining stamps should be addressed. The NBA should now provide strategic direction on administration of justice reforms, including taking up a leading role in facilitating Access to Justice for the indigent. The proposal to establish a National Pro- Bono Centre within the NBA Secretariat, should be implemented. It is also important that the NBA continues to engage Justice Sector related committees in the National Assembly. We have had more than 10 years of unsuccessful legislative advocacy for the enactment of key justice sector bills including the Police Act Amendment Bill and the Prisons Act Amendment Bill. In all, it will be helpful for the leadership and aggrieved lawyers to keep remembering that the NBA is a professional association, and not a political party. Olawale Fapohunda, Managing Partner, Legal Resources Consortium

4/LAW REPORT

30.05.2017

Effect of Notice of Withdrawal of Appeal Not Served on Respondent

S Facts

ometime in March 2009, the Governor of Osun State appointed the Appellants as Chairman, Secretary and Member respectively, of the Osun State Independent Electoral Commission (OSSIEC). Their names were submitted to the Osun State House of Assembly (OSHA) – the Defendant/Respondent – for confirmation. The Appellants appeared before the Defendant/Respondent for screening and confirmation of their appointments, and submitted their curriculum vitae within a relatively short notice while only two of the Appellants submitted their credentials together with the curriculum vitae for screening and confirmation. The Claimant/ Respondent posited that without the submission of credentials by all the Appellants, the screening and confirmation should not hold, but the position was overruled by the majority and the Defendant/Respondent confirmed the appointments of the Appellants. The Governor then proceeded to swear them in accordingly. Dissatisfied with the procedure adopted in confirming the Appellants, the Claimant/Respondent commenced an action by way of an Originating Summons against the 2nd Respondent at the High Court of Osun State in Suit No. HOS/ M41/2009. The trial Court delivered judgement granting the reliefs as claimed. Aggrieved by the decision, the Defendant/ Respondent appealed to the Court of Appeal and applied for stay of execution. Subsequently, the Defendant/Respondent filed a Notice of withdrawal of the appeal, and issued fresh invitations to the Appellants (already sworn-in members of OSSIEC) for screening and confirmation. By a majority vote of members of the Defendant/Respondent, the Appellants’ appointments were confirmed and the Governor swore them in the second time. In view of the foregoing, the Claimant/Respondent contested the new position by filing another suit at the High Court of Osun State in Suit No. HOS/M.70/2010, where he challenged the validity of the Notice of Withdrawal of the Appeal. He argued that the Notice was technically incapable of terminating the appeal, because it was incompetent for want of service, and that the appeal and application for stay of execution were still valid and subsisting. In effect, he argued that the screening and re-confirmation were irregular, and constituted an abuse of court process. The trial Court agreed with the position of the Claimant/Respondent and granted the reliefs claimed by him. The trial court made a further Order dissolving the OSSIEC and directed the Appellants to vacate their offices. The Appellants, who were not parties at the trial Court, sought the leave of Court to appeal as interested parties and thus, appealed the decision. However, the Court of Appeal resolved the issues in the appeal against them and dismissed the appeal. Hence, the Appellants further appealed to the Supreme Court. Issues for Determination The Appellants formulated four issues for determination; however, only two of the said issues were considered by the Apex Court in the determination of the appeal. These issues are: 1. Whether the Court of Appeal was correct in upholding the decision of the trial Court that the Notice of withdrawal filed by the Appellants against the judgement of the High Court in Suit No. HOS/ M41/2009 was not served on the Claimant/Respondent. 2. Whether the Court of Appeal was right in upholding the decision of the trial Court that the Appellants have no interest in the matter before the trial Court and that the proceedings did not breach the Appellants’ right to fair hearing. Arguments On the 1st issue, Counsel for the Appellants contended that the issue of non-service of the Notice of withdrawal of the appeal in Suit No. HOS/M41/2009 was not canvassed or determined at the trial Court; hence, the decision of the Court of Appeal on same was in error, being outside the case before it. The Respondents, on the other hand, submitted that the issue of whether the Notice of Withdrawal filed by the Appellants was not a valid withdrawal, was an issue raised, argued and settled by the trial Court and affirmed by the Court of Appeal. On the second issue, the Appellants argued that, as at the time the Claimant/ Respondent filed Suit No.

HOS/M41/2009, the due process for the appointment and confirmation of the Appellants under Section 198 and 199 of the Constitution of the Federal Republic of Nigeria, 1999 had been complied with; hence their right and interest in the matter had already accrued. The Appellants submitted that, in view of this and contrary to the decision of the Court of Appeal, they were necessary parties to the suit and the proceeding in the suit; their absence as parties, amounted to a denial of their right to fair hearing and the proceeding was therefore, a nullity. Conversely, the Respondents argued that the due process for the appointment and confirmation of the Appellants under Section 198 and 199 of the Constitution had not been complied with and until that was done, the Appellants did not have any established right or interest in the matter.

In the Supreme Court of Nigeria Holden at Abuja On Friday, the 3rd Day of April, 2017 Before Their Lordships Walter Samuel Nkanu Onnoghen (CJN) Mary Ukaego Peter-Odili Kumai Bayang Aka’ahs Ejembi Eko Sidi Dauda Bage Justices, Supreme Court SC. 102/2013 Between 1. Hon. Justice Titus Adewuyi Oyeyemi (Rtd) 2. Chief Remi Alabi 3. Barrister Ezekiel Ogunjuyigbe 4. Hon. Adebisi Gbolagade .............. Appellants 5. Alhaji Rasak Adegbile 6. Surveyor Akinboye Ogunola (Chairman and Members of Osun State Independent Electoral Commission) And 1. Hon. Timothy Owoeye (For and on behalf of other Members of the Action Congress in the Osun State House of Assembly) ......Claiman/Respondent 2. Osun State House of Assembly ......Defendant/Respondent Lead Judgement delivered by Hon. Sidi Dauda Bage, JSC

"IN DETERMINING THE FIRST ISSUE, THE SUPREME COURT AGREED IN PRINCIPLE WITH THE COURT OF APPEAL, THAT IT IS ONLY WHERE A NOTICE OF WITHDRAWAL HAS BEEN FILED AND SERVED ON THE RESPONDENTS, THAT THE APPEAL WILL BE DEEMED DISMISSED. THE APEX COURT HOWEVER, HELD THAT THE ONLY REMEDY AVAILABLE TO THE RESPONDENT COMPLAINING THAT A NOTICE OF WITHDRAWAL IS INEFFECTUAL, IS TO FILE AN APPEAL"

Court’s Judgement and Rationale In determining the first issue, the Supreme Court agreed in principle with the Court of Appeal, that it is only where a notice of withdrawal has been filed and served on the Respondents, that the appeal will be deemed dismissed. The Apex Court however, held that the only remedy available to the Respondent complaining that a notice of withdrawal is ineffectual, is to file an appeal. The Court held further that the existence of a suit on appeal and the fact that the Claimant had earlier objected to the non-service of Notice of Withdrawal on him, shows that issues had been joined and the logic of judicial sanctity dictates that the earlier suit and its appeal ought to be rested one way or the other including whether or not the appeal was validly withdrawn. The objective of the notice of termination in the instant case, is to voluntarily put an end to a judicial process or terminate the objective for seeking judicial remedies. The Claimant/Respondent ought to have pursued the appeal and made the issue of non-service of the notice of withdrawal, a ground to seek reliefs to set aside the proceedings of 30th March, 2010 and 1st April, 2010 by the House of Assembly and the then Governor of Osun State, instead of filing a new suit. Relying on its decision in NTUKS v NPA (2007 13 NWLR (Pt. 1051) Page 392, the Court held that the only remedy open to the Respondent, was to apply by way of an interlocutory application in the appeal, for an order setting aside the purported Notice of Withdrawal and his resort to a fresh action in Suit No. HOS/M.70/2010 was a wrong procedure and an abuse of court process. Their Lordships stated that since the appeal had not been entered at the time of filing the Notice of Withdrawal, the filing of same at the trial Court clearly and effectively put an end to the appeal. On the second issue, the Supreme Court relied on the right to fair hearing as provided in Section 36(4) of the Constitution of the Federal Republic of Nigeria, 1999 and held that where the right of obligation of a person is in question and is to be determined by a Court or Tribunal, he is entitled to be heard, as it is an immutable principle of natural justice that no one is to be condemned unheard. The Apex Court held that Suit No. HOS/M.70/2010 was not just to challenge the internal proceedings of the Defendant/Respondent, but also to deprive the Appellants of their established rights as established members of OSSIEC. The suit was a protest suit by the Claimant/Respondent against the seeming improper withdrawal by the Appellants of the appeal against the decision of the Court in the earlier Suit No. HOS/M41/2009 and as at 30th March, 2010 the Appellants had been re-screened and re-confirmed and consequently sworn in. The Supreme Court opined that the Appellants are persons interested in the suit and ought to have been joined as necessary parties by the trial Court, because all the reliefs being sought were directed at their rights and interests. The Court also held that the effect of an Order not specifically claimed and made against persons not joined as a party is that such order is a nullity and of no effect. On this basis, the Supreme Court held that the further Orders of the Court of Appeal dissolving the OSSIEC and directing the Appellants to vacate their respective offices were null, void and of no effect. Appeal Allowed. Representation: S. K. Olowolagba for the Appellants. A.A. Afolabi with T. Adegboyega, K. Alimi for the 1st and 2nd Respondents. Reported by Optimum Publishers Limited (Publishers of Nigerian Monthly Law Reports (NMLR))

30.05.2017

NEWS/5

ANNUAL GENERAL MEETING L-R: Mrs. Elizabeth Idigbe, FCIArb, Mr Muhammad Dele Belgore, SAN, C.Arb and Mrs Mia Essien, SAN, C.Arb during the 17th Annual General Meeting of the Branch, recently.

COMMISSIONING L-R: Chairman, House Committee on Judiciary, Hon. Funmilayo Tejuoso, former Chief Judge of Lagos State and Honoree, Justice Sikiru Adagun, Lagos State Attorney General and Commissioner for Justice representing the State Governor, Mr. Adeniji Kazeem and the representative of Lagos Chief Judge, Hon. Justice Opeyemi Oke, at the official commissioning of Sikiru Adagun Courthouse, at Ajegunle Apapa, Lagos Photo: Kola Olasupo

NBA-SBL Rolls Out Programme for its 11th Annual Conference

Jude Igbanoi

The Nigerian Bar Association Section on Business Law, last Tuesday, unfolded its programme for its 2017 Annual Business Law Conference which is scheduled to hold from Sunday, June 18 to Tuesday, June 20 at the Eko Hotel & Suites, Victoria Island, Lagos, Nigeria. The Conference, which is in its 11th edition, is tagged, ‘Law and the Changing Face of Legal Practice’, and will seek to address the global evolution of legal practice, the future of the profession, innovative trends and the impact of disruptive technology on the practice of law. A major highlight of the 2017 Conference, be will a session on globalisation and the prospect of open borders vis-à-vis the provision of legal services. Another highlight will be a session on how the practice of law is changing at a rapid speed in other jurisdictions, and examining how prepared Nigerian firms are to embrace this new facet of the profession. There will also be a Corporate Counsels’ session, which will provide an opportunity for legal practitioners to network with General Counsel and other in-house counsel. The Conference which is expected to attract lawyers from other jurisdictions, will host cocktails, an opening dinner for Conference delegates, dignitaries, special guests and the media. In a media parley addressed by the NBA-SBL Chairman, Mr. Olumide Akpata, and the Conference Planning Committee Chair, Ms. Bunmi Fayokun, they said the Keynote Speaker is expected to be the Senate President of Nigeria,

Dr. Bukola Saraki. The first session of the Conference will be a discuss on ‘The Future Of Legal Practice – Are You Ready?’ Akpata said "This session brings together a panel of local and international veterans across the professional services firms, to discuss the future of the Nigerian legal practice. Panelists will draw on lessons from other professional service firms in identifying the future direction of the legal services industry". Panelists include, Gbenga Oyebode MFR, Chairman Aluko & Oyebode, Dotun Sulaiman, Chairman Financial Reporting Council Nigeria, Mia Essien, SAN, Partner, Principles law firm, Kem Iheanacho, Partner Latham & Watkins, Moray Mclaren. The second session is expected to take delegates through the challenges peculiar to Nigerian lawyers in terms of building capacity, and the panel will focus on legal education at universities and the law school. The role of CLE programs and on the job training, as well as international experiences will also be highlighted. It will be chaired by Professor Konyinsola Ajayi, SAN and Panelists include, Professor Ernest Ojukwu, SAN, Partner, OFY Lawyers, Olamide Oladosu, Partner, Clifford Chance, Dr. Mirian Kene Kachikwu, General Counsel, Seplat, Kenneth Okwor, Associate, Templars. The third session will be on ‘Creating an Efficient System of Justice Delivery’. The Session will be Chaired by Dr. Babatunde Ajibade, SAN. The Main Speakers are Fola Arthur-Worrey/ Prof. Fidelis Oditah, QC, SAN, while Panelists include, Ingo Herbert,

Consul General of the Federal Republic of Germany, Justice Nnamdi Dimgba of the Federal High Court, Abuja, Seun Abimbola, Attorney- General of Oyo State, and Igonikon Whyte, Partner, Templars/Malaysian nominee. The fourth session will focus on Technology, Innovation and the Law Firm of the Future This session is designed to address two major subthemes: Technology in the changing face of law practice and professional development; and Substantive law issues in the digital economy. Discussions will touch on leveraging technology to improve service delivery, law firm management and professional development; as well as online reputation, cryptocurrency, the malaise of fake news, over-the-top services, and new platforms threatening to disrupt legal education and legal services delivery in Nigeria as we know it. NBA-SBL pioneer Chairman, Mr. George Etomi, will kick off Session Five on Day Two of the Conference, speaking on ‘Re-Defining The Provision Of Cross- Border Legal Services: Globalising Your Practice.’ Subthemes include, “Forms of collaboration with foreign firms – do networks, alliances, ‘best friends’ really work?” Regulating free movement for the benefit of the profession; “Creating truly global alliances: How do we ensure that Nigerian lawyers get the best opportunity to participate fully in evolving landscape of law practice?” Other speakers in the other

sessions include Jay Krishna, Professor of Law, Indiana University Panelists are, Nina Bowyer, Partner, Herbert Smith, Nankunda Katangaza, Co-Founder, Hook Tangaza, Daniel Agbor, Dafe Akpedeye, SAN, Principal Partner, Compos Mentis, Mr. Asue Ighodalo, the immediate past Chairman of the NBA-SBL Tinuade Awe, Adesegun Akin-Olugbade, Chioma Madubuko, Olamide Abudu, and Mrs. Safiya Mohammed. One major highlight that would excite lawyers at this year’s Conference, is that the SBL is bringing back the popular ‘Health & Wellness’ segment of the conference. Ms. Fayokun said "Amid long hours, heavy workload and the pursuit of client satisfaction, the Nigerian lawyer’s physical and mental health is increasingly at risk. In this session, wellness experts will discuss health risks peculiar to the legal profession, and mitigating practices for achieving a balance between the demands of the profession and a healthier life". The theme of this session is "DEAD LAWYERS DON’T WORK – EMBRACING A LIFESTYLE OF HEALTH AND WELLNESS". Subthemes are: Incorporating health and wellness into a busy life”, “Coping with stress”, and “Balanced diet plans” Panelists are, Dr. Maimuna Kadiri (Mental Health Practitioner), Dr. Yemi Johnson/ (Cardiologist) and Sherese Ijewere (Nutritionist). On the entertainment session, the subtheme is "The Changing Face of the Entertainment Industry – Prospects and Opportunities".

‘Government Excuses for Disobeying Court Orders Negates Principle of Separation of Powers’ Akinwale Akintunde A human rights advocacy group, Access to Justice, has decried the Federal Government’s continued excuses for disobeying court orders on the alleged illegal detention of Sheik El-Zakzaky and Rtd. Col. Sambo Dasuki, despite courts’ orders asking it to release them on bail. The group in a statement signed by its Deputy Director, Dr. Adenike Aiyedun, said it appears that the Buhari administration – which promised to uphold

the Constitution, has upstaged the Constitution and exhibited, unbridled arrogance to its provisions within the stated context. According to Access to Justice, Mallam Garba Shehu, the Special Assistant to President Muhammadu Buhari on Media and Publicity on May 24, 2017, while trying to justify the continued detention of the duo, had said that Sheik El-Zakzaky was being kept in ‘protective custody’ in his own interest and that of the public. On Sambo Dasuki, Shehu had claimed the retired Colonel

is still being investigated “for other criminal offences” with respect to which he has not been granted bail, stating that his release may jeopardise ongoing investigations. But the group, expressing its dismay, stated that the executive branch of government has no power or authority to second-guess the judgements of competent courts or the effect of their orders, in order to disobey the courts or deny the adjudicated rights of Nigerians. “Where the executive

arrogates to itself, a general right to sit as a court of appeal over judgements and orders of constitutionally established courts, it clearly makes courts of law irrelevant in protecting the rights of citizens, but and indirectly usurps the powers and functions of the judicial branch of government. “This sabotages the whole idea of a constitutional democracy and the rule of law, as it denies courts their legitimate role, as

CONTINUED ON PAGE 6

NBA President Seeks Collaboration with Muslim Lawyers on Islamic Banking Akinwale Akintunde

two parties. “Besides, the Islamic finance system does not allow investments that harm people or the environment, thereby promoting sustainable finance", he said. The Accountant, noted that, the options that Islamic finance offers in funding public infrastructure and empowering small business will help bail the country out of recession. Popoola also noted that, Nigeria was experiencing recession for the second time, as the country had experienced recession in the 1980s. “Before this current experience of recession, the last time Nigeria was in recession was about 25 years ago. “That was in 1987, when the Gross Domestic Product (GDP) recorded consecutive negative growth of -0.51% in the first quarter. “Recession does not happen overnight, the ominous signs are always there. During the recession of the 1980s, the signs of things to come were apparent in the early 1980s, when the then Federal Government declared ‘Austerity Measures'. “The signs of the 2016 recession, were also manifested in the preceding years. Real GDP growth slid from 6.3% in 2014 to 2.7% in 2015, and finally, to a negative of -1.5% in 2016. “Just as it was in the 1980s, Nigeria again, this time, found itself in recession, because of the challenge of earnings from oil." Popoola added that Nigeria is currently exiting the recession, and that there have been recent improvements in the earnings from the oil industry. He made various suggestions as to where the country can overcome the recession, and get on the path of growth and development. “There needs to be a diversification of the economy and massive investment in infrastructure, there needs to be a re-orientation of Nigerians, as appreciating our products is imperative. “Peace and stability has to be restored to all parts of the country, as it is crucial and a pre-requisite for any economic development. “Foreign direct investment needs to be nuances and the promotion of Small and Medium Enterprises (SMEs) needs special attention, as there is a need to separate SME development from

The President of the Nigerian Bar Association (NBA), Mr. Abubakar Mahmoud, SAN, has called for collaboration between NBA and Muslim Lawyers' Association of Nigeria (MULAN) on Islamic banking projects. Mahmoud made this call in his remarks at the annual national conference of MULAN, held in Lagos last weekend. According to the NBA President, national indices, showed the inequalities between some certain groups, adding that this becomes problematic in countries, and developing Islamic finance can bridge the gap between the groups. “I will like to thank Mr. Ahmed Popoola for an enlightening speech, the NBA and MULAN, should collaborate on a proposal on Islamic banking, which can be adopted by financial organisations. “When we look at national indices, we notice the inequalities between some certain groups. “This becomes problematic in countries, and developing Islamic finance can bridge a gap between the groups", Mahmoud said. The NBA President noted that his presence at the conference, was to express support and solidarity for MULAN. “I want to thank the leadership of MULAN for the leadership it is providing, and I will like greater partnership between the NBA and MULAN", Mahmoud said. Earlier in his keynote address, Mr Ahmed Popoola, an Accountant and Managing Director of Credit Bureau, a financial organisation, said Islamic banking will help to bring to an end to the current economic downturn being experienced in the country. Speaking on the theme of the conference, ‘Pulling Nigeria Out of the Economic Recession', Popoola said Islamic finance is an alternative option worth exploring, to raise funds for public works, and to support the private sector access to finance. “Islamic finance is an alternative option worth exploring, to raise funds for public works and to support the private sector access to finance. “Worldwide, Islamic finance is no more peripheral to conventional finance, as it is being operated in 75 countries, including western nations. “People think that the Islamic financial system is based on faith, but it is based on justice for the CONTINUED ON PAGE 6

30.05.2017

Capital Market Solicitors Elect New Exco Akinwale Akintunde

The Capital Market Solicitors Association (CMSA), last week, elected news executives to take charge of the affairs of the Association for the next two years. In an election conducted during the Association's 16th Annual General Meeting (AGM) held in Ikoyi, Mrs. Ayotunde Owoigbe of Banwo & Ighodalo, emerged unopposed as the CMSA Chairman, while Mr. Benjamin Obidegwu, Managing Partner of Hermon, Barristers and Solicitors was elected as the Vice Chairman of the Association. Mrs. Owoigbe and Mr. Obidegwu were the Association's Vice Chairman and Secretary respectively, before the new election conducted by the Chairman of the Board of Trustees, Chief Odujirin. Other newly elected officers are Mrs. Damilola Adetunji of Odujnrin & Adefulu as Secretary, Mr. Odiaka Vincent Iweze of Pentagon Partners as Assistant Secretary, Mrs. Ebelechukwu Enedeh of Punuka Attorneys as Financial Secretary and

Mr. Tamuno Atekebo of Streamsowers & Kohn as Treasurer. Also elected are Mrs Tolulope Moseli of Edward Ekiyor & Co as Socal/Welfare Secretary, and Mrs. Ogonna Chinedu-Eze of Udo Udoma Bello Osagie as Public Relations Officer. Earlier, during the AGM, the immediate past Chairman, Mrs. Yinka Edu, thanked all the immediate past Executive Committee and members of the Board of Trustees for their unflinching support for her administration. Edu said the word that characterised the Nigerian business environment and economy during the period of her tenure, was “uncertainty”, but she and her team were able to achieve so much for the Association. “Our economy was adversely affected by external shocks, in particular the systemic effect of the fall in the global price of crude oil. The uncertainty built around FX availability, monetary policies coupled with some tough fiscal policies in 2016 weakened investors' confidence towards investment, particularly in the equity market.

L-R: Mr. Odiaka Vincent Iweze, Chief Zik Obi, Mrs. Damilola Adetunji, Chief Oladipo Odujinrin, Mrs. Ayotunde Owoigbe, Chief Olu Rotimi Williams, Mrs. Ebelechukwu Enedeh, Mr. Benjamin Obidegwu, Mrs. Ogonna Chinedu-Eze and Mr. Tamuno Atekebo , new CMSA Exco with members of Board of Trustees

Despite this uncertainty, the year 2016 was an exciting and eventful year for the Association. “In the course of the year, we organised a number of activities, which required time-

NBA PRESIDENT SEEKS COLLABORATION WITH MUSLIM LAWYERS ON ISLAMIC BANKING CONTINUED FROM PAGE 5 poverty alleviation programmes. Speaking, Alhaji Femi Okunnu, SAN, decried the low level of western education among people of the Islamic faith. “I am extremely happy that muslim lawyers came together to form MULAN, the level of education among Muslims is very low, we are still behind in western education. “If you look at the list of successful candidates at the bar exams in the law school, we still find that the number of Muslim brothers and sisters called to bar compared to our Christian brothers and sisters, is as low as 10 to 15 percent. “This trend also occurs in other professions such as medicine. Though efforts are being made in the northern part of the country, a lot still needs to be done in giving the Muslim child access to education." The Chief Judge of Lagos State, Justice Oluwafunmilayo Atilade, in her remarks, stated that the theme of the event was of high relevance, as it affects every Nigerian. Atilade who was represented by Justice Kudirat Jose, commended MULAN for its strides in the justice sector.

“MULAN was created just 10 years ago, and because of its successes in the justice sector, I thought it had been in existence for a longer period. “As lawyers, we should be members of MULAN, and make our mark in the justice sector. “The theme for today and other topics to be discussed, are highly relevant to us. “I thank you all once again and I pray that this conference will be a resounding success",

she said. Also, MULAN President, Alhaji Kamal Daud, commended the Federal Government for its effort to lift the country out of the present economic quagmire, and in rescuing the recent released 82 Chibok Girls. "We do believe that the Government will not relent, until all the girls have secured their freedom from captivity", he added.

consuming commitment from the Executive Committee, and I would like to thank the Exco for their huge contribution, particularly during the past year”, Mrs. Edu stated. According to her, part of her administration’s achievement include publishing of the first two editions of the CMSA Newsletter, organisations of Summits, have nominations of a number of individuals from our member firms to assist the SEC, NSE and FMDQ or to sit on Committees set up by those Organisations. “I am very proud and honoured to have chaired the Association over the last 2 years. I am proud of the progress that the Association has continued to make during this period and its collaboration with other institutions, both locally and internationally”, she added.

'GOVERNMENT EXCUSES FOR DISOBEYING COURT ORDERS NEGATES PRINCIPLE OF SEPARATION OF POWERS' CONTINUED FROM PAGE 5 protectors of the rights of citizens. Without this protection, citizens remain completely at the mercy of government, and their rights in perpetual jeopardy. Hence, we find the defence by the Federal Government of Nigeria, to be completely self-serving, disingenuous and audacious. “We consider it obnoxious and irresponsible to say, as our government has done, that detaining citizens who have utilised every means available to oppose their incarceration, is in the best interest of those same citizens. It is also untenable to say that government plans at some

point in the future to charge citizens for crimes, and without judicial authorisation, keep crime suspects in custody in disobedience of court orders. This grievously offends the rule of law. “Finally, it appears that the Buhari administration – which promised to uphold the Constitution - has upstaged the Constitution and exhibited, unbridled arrogance to its provisions within the stated context. We therefore, argue that this recalcitrance by the government, will make it difficult for courts to play their constitutional role of being the last hope of the common

man and defender of constitutional liberties, both for the strong and weak, and the rich and poor. Where people are at any risk and need to be protected, they normally request for such protection, and responsible governments avail their citizens of the assistance of security personnel. “We would hereby, like to remind the government of the day that it may someday be haunted by the precedent that it is now setting, as it is impossible to fight impunity, with a higher level of impunity”, the group stated.

Legal Personality of the Week Olushola Abiloye

‘Acquiring Skills and Professionalism to Achieve Career Goals is Vital’ My name is Olushola Abiloye. I graduated from the Enugu State University in 2008. I won the prestigious Chief Richard Akinjide, SAN best prize for constitutional law. I was offered employment as a Lecturer by the Enugu State University and as Legal Counsel by the then Intercontinental Bank in the same year, which I declined to pursue a career in private legal practice. Before joining the law firm of Messrs Adepetun, Caxton-Martins, Agbor & Segun (ACAS-LAW) in 2015 as a Senior Counsel, I worked and acquired legal experience with the law firms of Richard Akinjide, SAN & Co and Olisa Agbakoba & Associates respectively. I obtained my Masters in Law (LL.M) from the Obafemi Awolowo University, Ile-Ife in 2013 with concentration in International Trade and Investment Law. I am currently pursuing a Ph.D in International Law and Jurisprudence at the Faculty of Law, University of Lagos. I am an adept researcher, and I have written several published works on maritime law, public interest matters, arbitration, to mention a few. I am a Notary Public of Nigeria and a Fellow of the Chartered Institute of Arbitrators. I am also an active member of the Nigerian Bar Association (NBA), Maritime Arbitrators Association of Nigeria (MAAN), Maritime Committee of the Section on Business Law (SBL-NBA), Nigerian Maritime Law Association (NMLA) and the Nigerian Institute of Management (Chartered) Have you had any challenges in your career as a Lawyer and, if so, what were the main challenges? One of several challenging situations which I encountered early in my career, was being

What was your worst day as a Lawyer? I have never had a worst day. There have been challenging days, but it is part of the process every lawyer must go through. Challenges sharpen us and make us better. What was your most memorable experience? My admission into Fellowship of the Chartered Institute of Arbitrators in 2015. I was the youngest lawyer admitted into fellowship. I also won the first and the best prize for Award Writing.

Olushola Abiloye

tasked by Chief Akinjide, SAN at 4am to prepare pleadings in Lagos to be filed in Abuja on the same day to challenge a land acquisition in Abuja. My young practitioner’s mind could not comprehend how to organise the tasks, let alone set about handling them. Chief was very strict, but he believed in me. I was able to perform the task, travel from Lagos to Abuja and face a very distinguished Senior Advocate at the Federal Capital Territory High Court. Handling those instructions, as challenging as they seemed at the time, has provided the platform for several Appellate Court work in which I have since been involved.

Who has been most influential in your life? I recall been asked to identify a role model early in my junior secondary school years. Without breaking sweat, I determined that role model to be my father – Mr. Fredrick Sunday Abiloye! More than twenty years down the line, my response to your present question remains as it was in junior secondary school. The influence of my father in building and shaping my outlook in life has been immense. In professional life, my most significant influences have come from the founding Partners of ACAS- LAW – Mr. Sola Adepetun, Mr. Afolabi Caxton-Martin, Mrs Funke Agbor, SAN and Mrs. Kemi Segun. I have also been refined by my relationship with Chief Richard Akinide, SAN and Dr Olisa Agbakoba, SAN.

Why did you become a Lawyer? Lawyering has been part of growing up. I had nephews who practice law in Nigeria and the United Kingdom. They were doing very well in life and in their families. I grew up with the mindset that the surest way to success, was being a lawyer.

What would be your advice to anyone wanting a career in law? I will narrow down my response to this question, to developing a career in law practice as the scope of a career in law, is extremely wide. Law practice in today’s world is a broad and expansive profession, with nearly unlimited areas to venture into. Choosing to build a career in law practice can be a big decision, one that may involve some soul searching and talking to established practitioners, to find out what they do certainly helps. After deciding to practice, finding one’s best fit within the law and acquiring the skills and professionalism to achieve career goals, are even more vital processes. The practice of law is constantly evolving, and individual interests and skills must also evolve. It is clearly not enough today, to get through the five years of University with a degree, and one year of law school. Aspiring lawyers must create a strategy to investigate many different paths while simultaneously reflecting on how their interests, skills, and motivators are compatible with their aspirations. All things considered, Law practice is ultimately rewarding in all respects. If you had not become a lawyer, what career would you have chosen? I would have opted for a career in the Nigerian Army. I recall with fond memories my years at the Nigerian Military School where my exposure to basic military drills and instructions, and a general sense of order, discipline and camaraderie were formed. The huge sense of patriotism and duty to be derived from the knowledge that, by serving in the Army, one would be directly demonstrating love for his country, were more compelling reasons. Where do you see yourself in ten years? At the pinnacle of my career, with ACAS-LAW globally acknowledged as a top 100 Law Firm.

30.05.2017

Dealing with Contractor's Insolvency in Construction Contracts – Nigerian Law Perspective This article by Dr. Kubi Udofia discusses some of the consequences that arise from a building contractor's insolvency, while also examining remedies and buffers which an employer may bring to bear to mitigate losses and minimise disruptions, resulting from a contractor's insolvency

N Introduction

igeria’s construction sector is a vital economic growth driver. The sector provides physical infrastructure in relation to power, roads, rail, bridges, real estate, industries which drive industrialisation and economic growth. The Nigerian Institute of Building claims Nigeria’s construction industry is worth around US$69billion and employs 5% of Nigeria’s 180 million people. In its last released Labour Productivity Report (Q3 of 2016), the Nigerian Bureau of Statistics, estimated that Nigeria’s workforce stood at 80,669,196. The construction sector’s workforce thus, constitutes 11.65% of Nigeria’s total workforce. Nigeria currently has an infrastructure deficit of $300billion and the 30-year Integrated Infrastructure Master Plan, launched in 2014, projects that Nigeria will require roughly $3trillion for infrastructure development over 30 years, to close the infrastructure gap. The above highlights the importance of a stable construction sector and timely project delivery. A contractor’s insolvency may result to allocation of insufficient resources, compromise in the quality of work, increase in defects, substantial time and cost overruns, default in related contracts and subcontracts and non-completion of the project. A contractor’s insolvency will adversely affect a range of parties, including its employer. Employer’s payment obligations Payment provisions are vital in construction contracts. Depending on parties’ agreement

and the nature of the contract, payment may be in advance, conditioned on completion of work, based on the amount of work done, contingent upon milestones etc. An employer will understandably be concerned, where a contractor who has received advance payment becomes insolvent. Such employer may become an unsecured creditor, if the contractor becomes insolvent, with little hope of receiving dividend. Advances to contractors may be secured by parent company guarantees (PCGs) and advance performance bonds (APBs). An employer may require an undertaking from a parent or affiliate of the contractor, to guarantee the performance obligations of the contractor. Upon a contractor’s insolvency, its employer must be cautious not to act in a manner which may discharge a guarantor of its obligations. Depending on the terms of the PCG, such acts may include employment of a new contractor, variation of the contract without required notices/consents, termination of the contract etc. An employer making advances may require the contractor to provide an advance payment bond (APB). A typical APB will provide for payment of the employer by the bond issuer of up to an agreed amount if the contractor becomes insolvent. APBs provide an additional layer of security given that they are usually provided by third parties who would not be affected by the contractor’s insolvency. From an employer’s perspective, it is advisable for APBs to be on-demand, to ensure payment immediately on demand and without preconditions. An employer may also employ a retention fund clause, which would typically require the employer to retain a percentage of each payment, as a buffer, against insolvency resulting

to non-completion. A retention fund is purely a personal monetary obligation which does not constitute a trust. The employer merely holds back money as opposed to setting same aside: MACJORDAN CONSTRUCTION LTD v BROOKMOUNT EROSTIN LTD (1992) BCLC 350 at 359-360. Accordingly, a retention fund may not provide foolproof protection to an employer upon its contractor’s insolvency. The funds may be regarded as having already been earned by the employer and ought to be turned over to the liquidator. Retention may therefore constitute fraudulent preference or breach the pari passu rule. Payment of subcontractors The risks of time and cost overruns may be mitigated, where an employer retains the services of subcontractors upon the contractor’s insolvency. Retaining subcontractors may be difficult where a contractor had defaulted in payments. Such payment defaults can be reduced by requiring contractors to include a “pay-when-paid” clause in subcontracts. This will require a subcontractor to be paid within a specified period after the contractor has been paid; reducing the risk of such monies being trapped in subsequent insolvency proceedings. An employer may also adopt direct payment clauses, which will authorise the employer to make direct payments to unpaid subcontractors, where the contractor defaults. Direct payment clauses convert an employer’s duty to pay contractors into a right to pay subcontractors and setoff the equivalent amount against sums due to the contractor. However, direct payments made three months prior to commencement of the contractor’s liquidation, may constitute fraudulent preference: s.495 of Companies and Allied Matters Act, 2004 (CAMA), s.46 of the Bankruptcy Act, 1979. Further, direct payments made after the commencement of proceedings may violate the pari passu rule and may be void pursuant to s.413 of CAMA: MERCHANTILE BANK OF NIGERIA v NWOBODO (2000) 3 NWLR (Pt 648) 297 at 318H. Accordingly, an employer making direct payments to subcontractors, should obtain an undertaking by the subcontractors to indemnify the employer against any liability the employer may have to pay a similar amount to a liquidator. As a viable alternative to direct payment clauses, a trust can be created in favour of subcontractors. An employer’s advances to a contractor for the specific purpose of paying subcontractors, but which has not been paid to them at the time the contractor becomes

"UNDER COMMON LAW, INSOLVENCY DOES NOT CONSTITUTE A FUNDAMENTAL BREACH OF CONTRACT, WHICH ENTITLES AN EMPLOYER TO TERMINATE THE CONTRACT. A LIQUIDATOR MAY OPT TO PERFORM THE CONTRACT"

Two Lawyers Elevated to Partnership at Sefton Fross Akinwale Akintunde Sefton Fross, a Nigerian law firm, has announced the admission of Messrs. Olufemi Oguntokun and Adeola Owoade into Partnership, with effect from May 1, 2017. According to the Managing Partner, Mrs. Olayemi Anyanechi, the admission of the two Partners, is a further attestation of the Firm’s commitment to provide excellent and efficient legal services to its clients, and to the provision of bespoke legal services to its local and international clients. “The admission of the two new Partners comes as part of the strategic restructuring of Sefton Fross to firmly re-position itself as a foremost law firm in different practice areas within the global legal circle. “The admission of Femi and Adeola is a confirmatory statement that at Sefton Fross, we intend to

Olufemi Oguntokun

Adeola Owoade

build a lasting institution that will survive its founder. Femi and Adeola are renowned experts in their fields of practice, and their admission to the Partnership of Sefton Fross will contribute significantly to the growth of the Firm and in delivering excellent legal services to our

clients. I congratulate the duo and welcome them on board”, she stated. Olufemi Oguntokun – Femi has fifteen years’ extensive and varied experience advising business concerns on the corporate, commercial and regulatory aspects

of business undertakings, and the documentation of complex business and investment transactions. He also has experience advicing industry groups and regulatory bodies on the institution and review of regulatory frameworks for both new and existing industries in Nigeria. While the larger part of his professional practice experience has been devoted to acting as an outside counsel, he has also served as Company Secretary and Legal Counsel to CR Services Plc., overseeing that company’s conversion to public status, stock exchange quotation and licensing by the Central Bank of Nigeria. As Legal Adviser to the Credit Bureau Association of Nigeria, Femi worked closely with the Central Bank of Nigeria and the International Finance Corporation, to develop the first set of

CONTINUED ON PAGE 10

insolvent would be held on a resulting trust in favour of the employer: BARCLAYS BANK v QUITCLOSE INVESTMENT (1970) AC 567 at 580. The money will not fall into the insolvent contractor’s estate and a liquidator will have to pay back the money to the employer: CANARY WHARF CONTRACTORS LTD v NIAGARA MECHANICAL SERVICES INT’L LTD (2000) 2 BCLC 425 at 433-4. An employer may also negotiate for collateral warranties from the contractor. The collateral warranties should include “step-in” rights entitling the employer to step into the contract between the contractor and sub-contractors, upon the latter’s insolvency. Such step-in rights will enable the employer to work on the same terms the contractor agreed with subcontractors; minimising time and cost overruns. Plants and Materials on Site To avoid disruption of work when a contractor goes bust, an employer may employ vesting clauses, which provide that ownership of materials and plants shall transfer to the employer once they are brought on site: HART v PORTHGAIN HARBOUR CO LTD (1903) 1 Ch 690 at 694-695. Care must be taken to avoid a re-characterisation of the vesting clause as a charge. Whether the vesting clause has the effect of transferring ownership, is a question of construction of the clause: In re Cosslett (Contractors) Ltd (1998) Ch 495 at 506. Where the clause provides for transfer of ownership upon a contractor’s liquidation, it may be void for breach of the anti-deprivation rule: In re Harrison (1880) LR 14 Ch D 19 at 25. The anti-deprivation rule invalidates contractual provisions designed to remove assets from the estate of an insolvent upon liquidation: BELMONT PARK INVESTMENTS PTY LTD & ORS v BNY CORPORATE TRUSTEE SERVICES LTD & ANOR (2012) 1 AC 383. Where there are retention of title clauses in favour of the contractor, a liquidator will have a rightful claim to the plants and materials. However, where the materials have been incorporated into the project or affixed to land, they become assets of the employer. The principle quicquid plantatur solo solo cedit (i.e. whatever is affixed to the soil belongs to the soil) will apply: ORIANWO v OKENE (2002) 14 NWLR (Pt 786) 157 at 193E-F. Whether an asset remains a chattel or becomes part of the land depends on (i) the degree of annexation to the land, and (ii) the object of the annexation: ELITESTONE LTD v MORRIS & ANOR (1997) 2 All ER 513 at 518 and 519. Termination Under common law, insolvency does not constitute a fundamental breach of contract which entitles an employer to terminate the contract. A liquidator may opt to perform the contract as was the case in In Re Toward (1884) 14 QBD 310. However, it is common for parties in construction contracts to make insolvency an event of default, entitling the solvent party to terminate the contract. An example of this can be seen in the Multilateral Development Bank’s harmonised edition of General Conditions made in collaboration with the International Federation of Consulting Engineers - FIDC (June 2010). Further, the contract may empower the employer, upon the contractor’s insolvency, to withhold monies until (i) the works have been completed, (ii) all defects liability period has expired, and (iii) all defects have been rectified. An employer may also terminate its contract on the ground of repudiatory breach. A repudiatory breach is a fundamental breach that entitles the injured party to terminate the contract, and sue for damages: SAKA v IJUH (2010) 4 NWLR (Pt 1184) 405 at 405D-E. Repudiatory breach may either be due to inability or unwillingness of the contractor to perform its obligations. Insolvency does not constitute repudiatory breach, given that the liquidator may decide to continue and complete the contract. Accordingly, an employer who seeks to rely on repudiatory breach as a basis for termination, must proceed with caution to avoid incurring liabilities for breach of the contract. Conclusion An employer may adopt diverse contractual measures to insulate itself from, or mitigate, the adverse effects of a contractor’s insolvency. It is expedient to incorporate the safeguards into the contract from the outset, as opposed to doing so on the eve of insolvency, to reduce the risk of breaching certain principles of insolvency law. Dr Kubi Udofia, Legal Practitioner, Insolvency Law Expert, Head of the Corporate and Commercial Law Practice Group, Fidelis Oditah & Co.

8/COVER

30.05.2017

NBA President, A.B. Mahmoud, SAN

‘I Inherited Most of the Present NBA Challenges’ Unarguably, the Nigerian Bar Association (NBA), is Africa’s largest and most vocal professional body. Despite some internal bickering, the umbrella body of Nigerian lawyers, has continued to discharge its societal role as the voice of the masses and the watchdog of the society. The NBA President, Mr. A.B. Mahmoud, SAN, in a chat with Onikepo Braithwaite and Jude Igbanoi, reaffirmed his resolve to continue to champion the ideals of the Association in the interest of all Nigerian lawyers, against the background of litigation which has trailed his tenure, over the irregularity of not registering its constitutional amendment at the Corporate Affairs Commission. He also spoke on the October, 2016 DSS raids on the homes of judicial officers, which was widely condemned, and urged the Government to allow some of the judges who have not been found culpable or charged to court, to be cleared, so that they can resume sitting.

hat informed the decision of the Nigerian Bar Association (NBA) to introduce universal suffrage and also conduct electronic voting, which resulted in your being elected as President of the Association? What was wrong with the delegate system that obtained in

the past? As you are aware, the Nigerian Bar Association is perhaps, the most influential and prestigious professional association in the country. This is not only because of our size, but also over the years, we have become very influential in shaping national discourse and perhaps, influencing public policies. The leadership positions of the NBA have thus, become highly sought after amongst lawyers for a variety of reasons. In the past, this has led to major crisis. In 1992 at our annual convention in Port Harcourt, there was a major rift. This led to

"THE NEW CONSTITUTION INTRODUCED UNIVERSAL SUFFRAGE, ELECTRONIC VOTING AND ALSO SOUGHT TO STREAMLINE OUR BRANCHES BY INTRODUCING UNIFORM BYE-LAWS. IT WAS OBVIOUS THAT THERE WAS RESISTANCE IN MANY QUARTERS. SOME OF THESE GRIEVANCES WERE NOT RESOLVED AND SPILLED INTO MY TENURE. IT WAS AGAINST THIS BACKGROUND, THAT SOME OF THE LEGAL CHALLENGES TO OUR 2015 CONSTITUTION WAS LAUNCHED BY SOME OF OUR COLLEAGUES"

some sort of interregnum until about 1998. Part of the response to that crisis was to introduce a delegate system for electing our leaders. This worked for a while, but became problematic. Many of our members felt alienated. Besides, elections became subject of serious manipulation. In 2015 my predecessor Mr. Augustine Alegeh, SAN initiated a series of reforms, which led to a major constitutional review. The new constitution introduced universal suffrage, electronic voting and also sought to streamline our branches by introducing uniform bye-laws. It was obvious that there was resistance in many quarters. Some of these grievances were not resolved and spilled into my tenure. It was against this background, that some of the legal challenges to our 2015 Constitution was launched by some of our colleagues. We have been trying to address and resolve these grievances, but clearly some of them are deep seated. However, we are committed to a process of addressing these grievances and carrying everyone on board. We recognise too, that there is a need to undertake further constitutional review, to address the concerns of our various

30.05.2017 "IN MY VIEW, THE ELECTRONIC VOTING SYSTEM HAS COME TO STAY. THE ONLY QUESTION WILL BE TECHNICAL: SIMPLIFYING THE PROCESS, MAKING IT MORE USER FRIENDLY, AND PROVIDE ADDITIONAL SAFEGUARDS TO ENHANCE THE CONFIDENCE OF OUR MEMBERS"

interest groups. We certainly want to look again at our branch structure, leadership succession and perhaps, what measures can be introduced to strengthen the electoral process. In my view, the electronic voting system has come to stay. The only question will be technical: simplifying the process, making it more user friendly, and provide additional safeguards to enhance the confidence of our members. What is the impact of the March, 2017 Federal High Court decision nullifying the 2015 NBA Constitution which brought your leadership into power? Some are suggesting that the Judgement not only nullified the Constitution, but also rendered all the elections at national and branch levels conducted under that constitution void. What is your position on this issue? Our understanding of the Federal High Court decision, is that the last valid NBA Constitution was that of 2001 which was registered in 2004. From that time on, the NBA Constitution had two or so major amendments, under which we have had at least three or four past Presidents. Now the suggestion that all that has been done since 2004 by the NBA has been legally wiped off, is of course, something that has far reaching implications for the legal profession, and it is capable of throwing the

COVER/9 profession into complete disarray. It is for this reason that we decided to appeal the decision. That appeal is presently being pursued. Now the complaint of the litigants as we understand it, is not that any of the NBA Constitution was not validly passed or amended by its members, and at properly convened general meetings. The complaint is that the Constitutions ought to have been registered with the Corporate Affairs Commission. I should point out that, the process of registration of the 2015 Constitution was initiated by the past administration of Mr. Alegeh. It was delayed but not abandoned. The Companies and Allied Matters Act does not stipulate a time frame for this. The Courts have not said that the Constitution cannot be registered. So we view this as an irregularity, which can be cured. We are hoping that Corporate Affairs Commission will register the Constitution, and put an end to the controversy. Regardless of that however, we have also been consulting with the Trustees and other stakeholders, including some of our colleagues with grievances, to put our heads together as colleagues to resolve all these matters, in the interest of the profession and in the interest of the country. The country needs a strong legal profession with a strong voice, and this is not the time for us to consume the Association in our internal bickering. After almost one year as NBA President, how far have you gone in realising your election slogan of ‘A Brave New Bar'? What is your agenda? What have you done differently? What reforms have you made so far? Much has been done, and is being done to actualise our vision of ‘A Brave New Bar’. As you are aware, we have four focus areas in our programmes: Regulation of the legal profession; more Representation of our members’ interests; Re-engineering of the Association itself, and promotion of Public Interest, what we call 3Rs and P. One of the first major initiatives which we embarked upon, was to set up a high powered Committee under the chairmanship of Chief Anthony Idigbe, SAN, to undertake a holistic review of the regulatory objectives and architecture of the legal profession, and address certain key policy issues aimed at raising and enhancing

ethical and professional standards. That Committee has been extremely successful in carrying out its work, and it is about submitting its final report which will include a comprehensive draft legislation (which will replace the Legal Practitioners Act), and far reaching policy recommendations that we are confident, will greatly enhance the quality of the legal profession in Nigeria. The Committee pursued its assignment with great energy and enthusiasm. It held several consultations with stakeholders, and also held town hall meetings across the country. At the last NEC meeting in Aba in March, we approved the NBA Strategic Plan, which was developed by my administration. This is a major achievement, which we hope will provide a clear pathway for our programs and activities, and form the basis of collaboration with our partners. Indeed two weeks ago, we held a donors conference at which many donor agencies and development partners, were in attendance. The strategic plan was presented to them, and this was received with great interest. We have indeed, been negotiating major support with some of the agencies. I am confident that major announcements will be made in the coming weeks on various partnerships. We are introducing a new level transparency and good corporate governance, in the affairs the bar association. We just engaged the Services of KPMG to undertake a review of our financial processes, management and reporting. This we hope will introduce a new level of prudence, transparency and integrity in our financial management. Our accounts will be properly audited and published, commencing this year by a world class Audit firm. This we hope, will enhance the confidence of our members and also of our partners. There are several other initiatives that are about to be unfolded on mentoring and internship for young lawyers, on disciplinary processes on Continuing Professional Development and trainings, all aimed at enhancing the quality of the legal profession. Our flagship activity in the NBA calendar is the Annual General Conference. Prof. Koyinsola Ajayi, SAN is heading the Planning Committee for the Conference in August. This year’s Conference is going to be a major international event. It is being organised, at a level that has never been seen in the history of the legal profession in Nigeria. The Planning Committee is bringing unprecedented innovations and completely new thinking into the Conference, that will bring value to our members and the legal profession in general. Several global thinkers and resource persons have already confirmed their participation. The Conference Planning Committee, will unveil its plans immediately after the NEC meeting holding in the coming week. So I will like to say that, in spite of the distractions from some of our colleagues, we have remained focused on our goals and objectives. My only concern is that, some of these distractions which often get unduly elevated in the social media, create anxiety amongst some of our partners. It is doing incalculable damage to the image of the legal profession in Nigeria. I will therefore, urge our colleagues to be conscious of this and moderate their conduct. What is the essence of the Niger Delta and the North East Task Forces which your NBA Administration set up? In the run up to the NBA elections last year, my colleagues and I in the course of our tours across the country, came to the realisation that the situations in the North East and in the Niger Delta were grave. The crises in the two regions had impacted greatly on our members, and also on the local communities. The crisis in the North East has created the 3rd largest number of internally displaced persons in any conflict in the world. That of the Niger Delta, aside from the huge environmental impact and the devastating consequences on the local communities, has also had a huge impact on the national economy. We therefore, decided that if I won the election, we must do something to address these issues, not only as a demonstration of our concern and solidarity with the victims of the conflict, but as a means of rebuilding confidence in the legal profession by ordinary Nigerians. The two Task Forces were constituted under the leadership of Chief Albert Akpomudje, SAN for the Niger Delta and Prof. Muhammad Tabiu, SAN for the North East. A tremendous amount of work has been done already by the two Task Forces. We are also looking to scaling things up in collaboration with our development partners. The NBA is currently working with a number of civil society groups and government departments with the support of the MacArthur Foundation, to develop a Transitional Justice Framework for the country. This, we hope, will be crucial in facilitating the reconciliation process in the various conflict areas in the country such as Southern Kaduna, where I led a special NBA mission last February. Why did the NBA leadership come out so strongly against the DSS raid on the Judiciary? Many saw it as the NBA and its senior lawyers, supporting corruption instead of condemning it. Well these matters must be viewed in context. We woke up in early hours of I think, 8th October, 2016, to the news that armed men had invaded homes of CONTINUED ON PAGE 10

10/COVER

30.05.2017

‘I INHERITED MOST OF THE PRESENT NBA CHALLENGES’ Judges, including Justices of the Supreme Court. Now this was unprecedented and unheard of in the history of this country. Not even under military rule. In our NBA Constitution, the protection of the independence of the judiciary is one of our primary objectives. For several hours after the raid, there was no information as to who was behind it or what the purpose was. I personally placed calls to various government officials but there was no information. Under these circumstances, we were alarmed as to what was going on. I had to summon a meeting of the leaders of the Association, to discuss the events. It was under these circumstances, that our initial statement was made. Nevertheless, regardless of the accusation against the judges, which accusations we subsequently came to know of, there was absolutely no justification for those raids. There can be none in any democratic society. All the allegations were matters within the remit of civil police. The Judges were not terrorists on whom such midnight raids and violent assault could be justified. In our subsequent statements, we urged that the affected judges, especially those that had made public statements on the matters, which were circulating in the social media, should recuse themselves from judicial functions until the investigations were over, and a decision taken on possible trials or otherwise. Again this position was misconstrued. This position was taken in the public interest, to protect the public image and confidence in the judiciary. We thought it was inimical to judicial administration, to have judges sitting in court in the midst of those controversies. The NBA has stated its position again and again, that we condemn corruption in all its ramifications in whatever sphere of public life. This means we will fight corruption, even if it is within the judiciary or the legal profession. The perception that is building up, that the fight against corruption has become a mere cliché, should not allowed to take root. Some people question the sincerity of government. It is now felt that the Executive branch is protecting its own, the Legislature is doing the same, so the Judiciary must also do the same. I think this is unfortunate. It is a recipe for descent to anarchy. The NBA will remain resolute its condemnation of corruption, and will continue to contribute to the fight, whether in the Judiciary, the legal profession or other public spheres.

CONTINUED FROM PAGE 9

"I SHOULD POINT OUT THAT THE PROCESS OF REGISTRATION OF THE 2015 CONSTITUTION, WAS INITIATED BY THE PAST ADMINISTRATION OF MR. ALEGEH. IT WAS DELAYED BUT NOT ABANDONED. THE COMPANIES AND ALLIED MATTERS ACT, DOES NOT STIPULATE A TIME FRAME FOR THIS. THE COURTS HAVE NOT SAID THAT THE CONSTITUTION CANNOT BE REGISTERED. SO, WE VIEW THIS AS AN IRREGULARITY WHICH CAN BE CURED"

"WE ARE INTRODUCING A NEW LEVEL TRANSPARENCY AND GOOD CORPORATE GOVERNANCE, IN THE AFFAIRS OF THE BAR ASSOCIATION. WE JUST ENGAGED THE SERVICES OF KPMG TO UNDERTAKE A REVIEW OF OUR FINANCIAL PROCESSES, MANAGEMENT AND REPORTING. THIS, WE HOPE, WILL INTRODUCE A NEW LEVEL OF PRUDENCE, TRANSPARENCY AND INTEGRITY IN OUR FINANCIAL MANAGEMENT"

Oil Mining Licenses: Appeal Court Hears Chevron’s Suit Against Brittania-U Akinwale Akintunde The Court of Appeal, Lagos Division, has fixed June 5, 2017 to hear an appeal filed by Chevron USA Inc. and others, against Brittania-U Nigeria Limited. The Appellate Court fixed the date, after listening to the submissions of lawyers representing both parties in the suit. Other Appellants in the suit are BNP Paribas Securities Corp., Mr. Hermant Patel, and Seplat Petroleum Development Company Limited. In the appeal filed over two years ago, Chevron is challenging the judgement of a Federal High Court sitting in Lagos, which assumed jurisdiction to entertain a suit on the divestment of Chevron’s interest in Oil Mining Licenses 52, 53 and 55. At the last adjourned date, Brittania-U Nigeria’s counsel, Mr. Abiodun Owonikoko, SAN, told the court about a pending application seeking

to dismiss the Appellants' appeal, for want of diligent prosecution, because of failure to transmit the record or file Appellants’ brief. He said the Appellants filed a motion for extension of time to compile and transmit the record of appeal. Owonikoko said his client had filed an application to dismiss the appeal, because of the Appellants’ delay in prosecuting the appeal. The Court awarded N20,000 cost to Brittania-U, after Owonikoko withdrew the motion to dismiss the appeal, after the Appellants' counsel said the record of appeal had been compiled and transmitted. Brittania-U sued the Defendants (Appellants) over the Oil Mining Leases numbered 52, 53 and 55, sold by Chevron. It also took the matter to the Supreme Court, following the Appeal Court ruling which vacated an order of interlocutory injunction by a High Court, restraining Chevron

and Seplat from concluding any deal on the oil leases. Chevron had offered for sale OMLs 52, 53 and 55, and as is usual, invited bids from interested firms. The sale of the assets became controversial, after Chevron allegedly failed to make a public announcement of a winner, a reserve bidder and unsuccessful bids. It then allegedly, turned its back on the highest bidder, Brittania-U, and began to deal with Seplat behind the scene. Brittania-U went to court to contest Chevron’s action of not declaring it winner, after it posted a $1.67 billion bid for the three assets, an amount later revised to $1.015 billion after both companies’ officials met in Houston, United States. Seplat was said to have posted a bid of $630 million, for the same assets.

TWO LAWYERS ELEVATED TO PARTNERSHIP AT SEFTON FROSS CONTINUED FROM PAGE 7 regulations for the industry in 2008 and its subsequent replacements. Femi has perceptive analytical skills, and a firm grasp of underlying and tangential issues embedded in complex transactions. Femi leads the Firm’s Corporate and Commercial Practice. Adeola Owoade - Adeola is an astute commercial litigator with excellent skills in litigation practice and all forms of ADR, including arbitration, mediation, and conciliation. He has represented numerous corporate

clients, multi-national corporations and financial institutions in commercial disputes before the Courts in Nigeria, local and international arbitrations. He is painstaking in his legal analysis of technical issues, and is a consummate master of details. Adeola holds a first degree in Law from Obafemi Awolowo University, Ile-Ife, Nigeria graduating with First Class (Hons) and was the best graduating student in the Faculty of Law of his set, and the overall best graduating student in the University. He also holds a Master

of Corporate Law degree from the University of Cambridge, United Kingdom, graduating also with First Class (Hons). He is one of the first Herbert Smith Freehills’ African Scholars of the University of Cambridge. He is also an accomplished legal author with several scholarly publications to his credit. Adeola leads the Firm’s Dispute Resolution Practice. Sefton Fross is a Nigerian law firm with expertise across its different practice areas, spanning multiple sectors and industries.

The NBA is aware that there are some of the judges who recused themselves, but have not been charged to court. We have previously called for such Judges to be cleared and allowed to resume their judicial functions. We reiterate that call. How would you rate the Buhari Administration’s respect for the rule of law and obedience to court orders? The continued detention of Sheik El-Zakzaky and his wife, and the former NSA Rtd. Colonel Sambo Dasuki, suggests a lack of respect for the court decisions. The bail conditions given to Nnamdi Kanu have also been criticised as ridiculous. Kindly, comment on this. In my statement in Lagos on 10th December, 2016, at the commemoration of the International Human Rights Day, the NBA strongly condemned the continued detention of both Shiek El- Zakzaky and all other persons, against express court orders. This is clearly not in consonance with democratic or constitutional governance. We have raised these issues on a number of occasions with the Government, and I would like to reiterate the call by the Nigerian Bar Association to the government, to respect the judicial decisions and act in accordance with the tenets of the rule of law. Now, having said that, the Buhari Administration must be commended for its efforts at restoring peace and security in the North East Region. We must remember that rule of law and humans rights protection, have a much broader connotation than obedience to court orders, as important as that is. A lot of human rights violations occur in the wider context of inability of the state to provide security and protection to its citizens. Notwithstanding these modest achievements, however, we are still far from where we should be as a country. Conflict amongst various communities, whether in Southern Kaduna, or various other places between herders and farmers, or in the Niger Delta, or even in the area of crime prevention and control, much needs to be done. The Attorney-General of the Federation has been widely criticised for his lacklustre performance as Justice Minister, including what some see as his lack of vision for justice administration and his inability to properly and effectively prosecute the government’s fight against corruption. What is your comment? I think there are a number of initiatives that the Attorney- General is working on. The NBA has been invited to a number of meetings in his office, as part of stakeholder engagements. For instance, we were invited for the discussion on the anti- corruption strategy, open government initiative, the justice- sector policy etc. Perhaps the Attorney-General needs to speak more on the various initiatives to create awareness. I have in various meetings with him, assured him of the support of the Nigerian Bar Association in the work he is doing. I am sure there are many more areas we can work on together.

30.05.2017

COVER/11

Tinubu Square in the 1960s

LAGOS: FROM BRITISH COLONYTO FEDERATING STATE

Brigadier Mobolaji Johnson, First Military Governor of Lagos State

12/COVER

30.05.2017

Lagos: From British Colony to Federating State Lagos State has just turned 50, and as the State celebrates its Golden Jubilee, Stephen Kola-Balogun x-rays the socio-political and economic development of Lagos State, from the status of a British Colony to its present status as a federating unit of the Federal Republic of Nigeria; the only State which has not been divided by the Federal Government, since its creation in 1967

Carter Bridge about 50 years ago

Oba Dosumu and the British n the 6th of August 1861, Lagos became a British Colony, following a seven-day standoff with the British Navy. Earlier, Oba Dosumu and his Chiefs had been invited aboard the British Naval Steamer, the Prometheus. While there, Acting Consul. William McCoskry, told him that Her Majesty’s government had decided to occupy Lagos and gave him 48 hours grace to discuss with his Chiefs and sign a Deed of Cession. On 1st August, McCoskry, Bedingfield (Commander of the Prometheus) and others visited the Oba for a response to their proposition. Dosumu refused to sign, and was less than nice to his visitors. He accused them of being impostors and they in turn, advised him to reconsider. Unknown to the Oba, the expatriate community and their African charges had been informed that he would cede Lagos. Upon his refusal, McCoskry and others adopted a ‘sign-or-we-destroy’ stance. Prometheus’ guns were pointed at Lagos Island, a forceful reminder of a bombardment that occurred much earlier in 1851, that caused panic amongst Lagos residents. Initially, the Oba stalled, but two days later, Dosumu signed the papers whereupon the Prometheus fired a gun salute and the British flag was hoisted. For about 40 years thereafter, the Colony of Lagos continued to evolve on its own and remained separate and insulated from other neighbouring territories.

Protectorate of Southern Nigeria However, at the turn of the 20th Century, on the 1st of January, 1900 to be precise, the Protectorate of Southern Nigeria came into being. Its boundaries were defined by an Order in Council, which added the Southern portion of the territories of the Royal Niger Company to the Niger Coast Protectorate (NCP). The NCP enacted the Ordinance Extension Proclamation, which extended the reach of its law throughout the new territory. The new Protectorate had its headquarters in Calabar. Further north, more or less at the same time that the Protectorate of Southern Nigeria was being created, General Fredrick Lugard was reading the Queen’s proclamation to assembled units of the Royal Niger Constabulary and the West Africa Frontier Force North of the Niger. Thereafter, the Union Jack was raised as a sign of British authority, guns were fired in salute and the military band played the anthem. Thus, the Protectorate of Northern Nigeria, a territory stretching over 256,400square miles with an estimated population of 9,269,000 was born. Colony of Lagos to Colony of Southern Nigeria In the same vein, the turn of the 20th Century precipitated the end of the insulation that the Colony of Lagos had hitherto enjoyed from neighbouring British territories, and on 16th February, 1906, the amalgamation of the Colony of Lagos with the Protectorate of Southern Nigeria became official, with the renaming of Lagos as Colony of Southern Nigeria under Letters of Patent. An Order in Council of the same date, demarcated

the borders of Southern Nigeria from the Atlantic Ocean to the South, French territory to the West, the Protectorate of Northern Nigeria to the North and Northeast and German territory to the East. In actual fact, the amalgamation process actually started two years earlier, with the appointment of Sir Walter Egerton as both Governor of Lagos and High Commissioner of the Protectorate of Southern Nigeria. The two administrations when fully amalgamated in 1906 became known as ‘the Colony and Protectorate

"THE IBADAN GENERAL CONFERENCE OF 9TH JANUARY, 1950, WAS NIGERIA’S FIRST CONSTITUTIONAL CONFERENCE. ONE OF THE MOST SEMINAL ISSUES THEY ALL AGREED ON, WAS AN ARGUMENT FOR TRUE FEDERALISM. THEY ALL AGREED THAT THE REGIONAL STRUCTURE WAS TO BE MAINTAINED, BUT THAT EACH REGION SHOULD BE ALLOWED TO DEVELOP AT ITS OWN PACE"

of Southern Nigeria’ with headquarters in Lagos City. For administration purposes, the territory of the former Colony of Lagos was now designated Western or Lagos Province of the Protectorate of Southern Nigeria. The Amalgamation of Northern and Southern Nigeria The British however, were bent on having a single unified administration of the Southern and Northern Territories, and amongst the various submitted and well thought out memoranda for amalgamation, that of Fredrick J. D. Lugard appeared the most impressive and eventually it received the nod of approval of the British authorities and on Thursday 1st January 1914, Fredrick J. D. Lugard was called upon to conduct a ceremony that united the Protectorates of Northern and Southern Nigeria into one country. Lugard assumed the title of Governor-General and the country became known as the Colony and Protectorate of Nigeria. Nigeria was eventually divided into Northern and Southern Provinces, each governed by a Lieutenant- Governor appointed by His Majesty King George V, but subject to the control of the Governor-General. Significantly, Lagos became the seat of the central government and the authority of Lagos Colony’s Executive Council was extended across the country. The Richards Constitution Then a propitious occasion for a good start, after the problems of the Richards’ years and an opportunity to regain the ground lost during CONTINUED ON PAGE 12

30.05.2017

COVER/13

LAGOS: FROM BRITISH COLONY TO FEDERATING STATE 1861 – 1967

Governor Akinwunmi Governor of Lagos State

Ambode,

Incumbent

the Richards’ years of 1943 – 1947. Governor John Macpherson in 1948 promised that the Richards’ Constitution would be reviewed, and that Nigerians would be part of the process. A series of preliminary conferences took place at village, district, provincial and regional levels before a general gathering at Ibadan. Nigeria's First Constitutional Conference: Emergence of Macpherson Constitution The Ibadan General Conference of 9th January, 1950, was Nigeria’s first Constitutional Conference. One of the most seminal issues they all agreed on, was an argument for true Federalism. They all agreed that the regional structure was to be maintained, but that each region should be allowed to develop at its own pace. The Nigerian Constitution which emerged from the proceedings of the General Conference of 9th January, 1950 was called the Macpherson Constitution (which came into effect in 1951). It recommended to the Secretary of State for the Colonies that there should be three regions- the Northern, Eastern and Western Regions, with the independent municipality of Lagos. This recommendation was however, varied by the Secretary of State for the Colonies on the advice of the Legislative Council of Nigeria by merging Lagos with the Western Region. As a consequence of this decision, Lagos for the first time, became subjugated under one of the regions in Nigeria. There had been some difference of opinion about the treatment of Lagos, the capital of the country, which, with the immediate surrounding country areas, had hitherto been administered separately from the Western Region, of which it formed a geographical part. Anomalies of the Macpherson Constitution On the basis of the proposals put forward by the Western and Lagos Regional Conferences, it was first proposed that Lagos should be included in the Western Region, but the General Conference itself recommended by a majority that it should be administered as an independent municipality, not under the Western Region. The Select Committee of the Legislative Council had proposed by a majority that Lagos should form part of the Western Region, but with special safeguards to allow for its position as the capital. The three members of the Legislative Council representing Lagos submitted a minority report opposing this, in spite of the fact that the representatives of Lagos at the General Conference who were not members of the Legislative Council, had taken the opposite view. Soon, the anomalies of the Macpherson Constitution with regard to Lagos became so serious that a Constitutional stalemate ensued. The continued merger of Lagos with the West was resented by citizens of Lagos, and violent demonstrations took place. It soon became obvious that the future of Lagos had become of paramount importance. Action Group v NCNC The Secretary of State at the time summoned

CONTINUED FROM PAGE 12

The Marina, Lagos today

a conference in London to review the situation, since there was a major difference in opinion between the Chief Obafemi Awolowo led Action Group and the Nnamdi Azikiwe led National Council for Nigeria and Cameroun (NCNC). Kola Balogun as General Secretary of the NCNC at the time, was selected to argue his party’s case for the separation of Lagos from the Western Region and he put their case as follows: “Lagos has been known to be the capital of Nigeria since the amalgamation in 1914. Naturally, the Central Government of Nigeria has been sufficiently confident in maintaining this tradition, and has sunk a lot of money in developing the city. Central Government assets in Lagos amount to millions of pounds. Most importantly, however, is the tradition that has been built around Lagos as the capital of Nigeria. Certainly, a tradition of about half a century old ought not to be lightly thrown aside, if we are in search of order, progress and good government. The Ibadan General Conference of 1950 was opposed to the merger of Lagos with the Western Region. This can be taken as the unmistakable feeling of the people of Nigeria. Ever since the merger, there has been a lot of unrest on the matter. One may recall that a demonstration of the people of Lagos on this issue early last year, almost turned into a riot when the demonstrators marched to the Government Lodge to demand the separation of Lagos from the West. His Excellency the Governor, I am sure, remembers this incident very clearly. Apart from tradition, there is the administrative inconvenience resulting from this merger. Lagos is sufficiently important, even as a commercial and cultural centre, to take orders from no other place but Lagos. The spectacle of Lagos taking orders from Ibadan, the administrative and political headquarters of the Western Region, is painful and inconvenient to the extreme. It is very well for simple townships like Oshogbo, Ogbomosho, Oyo, Ijebu-Ode and so on to have their files endorsed by Ibadan; but to treat Lagos in the same way, is psychologically frustrating and administratively circuitous. At this stage it may be pertinent to consider what people live in Lagos. The majority of the population is Yoruba-speaking; but there is a large, very large, population of non-Yoruba speaking peoples from all over Nigeria. It may be interesting to turn up the statistics of Lagos; one may find that this non-Yoruba element amount to over 40%. No true consideration of the welfare of Lagos can be made without taking into

account, the interest of these very important non- Yoruba elements. It may be proposed that Nigeria should find another capital. Certainly, the outcome of this will be a new financial outlay of a considerable amount to be undertaken by the Central Government. This will be a wasteful duplication which the country can hardly afford to meet. The suspicion we have in Nigeria today, can be removed to a large extent, if Westerners, Easterners and Northerners can come to Lagos and feel that they are on a politically neutral ground. It will have a healthy effect on our politics. Lastly, I want to state that as a Yoruba, it is a great pride to me that Lagos has been and is so much desired by our people to be the capital of Nigeria. I implore that no Yoruba who is around this Conference table shall do anything which will harm the prestige and glory of Lagos. Let it not be regretted a decade from now: “The glory that was Lagos”. Let her glory be heightened from day to day from now by allowing this ancient city to continue to fulfil her historic destiny. For our part, we of the NCNC, see immense usefulness in making Lagos a free and unfettered capital of our great country, Nigeria. God grant that better counsel prevails”. Despite the strong stance taken by the NCNC with regard to Lagos, the Action Group refused to relent and insisted on keeping Lagos under the Western Region, presumably for political convenience, even though the people of Lagos were violently opposed to this. There was a serious deadlock and the conference finally agreed that the Secretary of the State, Mr. Oliver Lyttleton (later known as Lord Chandos) should arbitrate. After carefully weighing up the arguments, the Secretary of State finally declared as follows: “Therefore, while Her Majesty’s Government understands very well the feelings of the Action Group delegation, they have nevertheless felt bound to decide that, in the wider interests of Nigeria as a whole, Lagos should become Federal Territory and should be directly under the Federal Government”. Most accounts on the historical development of Lagos, appear to have deliberately left out the period when Lagos became subjugated under the Western Region. This is rather unfortunate, because by all accounts, this period has turned out to be

"MOST ACCOUNTS ON THE HISTORICAL DEVELOPMENT OF LAGOS, APPEAR TO HAVE DELIBERATELY LEFT OUT THE PERIOD WHEN LAGOS BECAME SUBJUGATED UNDER THE WESTERN REGION. THIS IS RATHER UNFORTUNATE, BECAUSE BY ALL ACCOUNTS, THIS PERIOD HAS TURNED OUT TO BE A SIGNIFICANT AND IMPORTANT TURNING POINT IN ITS EVOLUTION"

a significant and important turning point in its evolution. Nevertheless, the question still remains why the cover-up? Could it be because Chief Obafemi Awolowo's supporters and sympathisers, embarrassed by the role their leaders played in trying to keep Lagos submerged in the Western Region for political gain and purpose, do not want the truth to be told? How about those who fought to free Lagos from the administrative nightmare of having to take orders and instructions from Ibadan, have they ever been acknowledged or recognised for the role they played in removing these administrative shackles? History tells us that, the Federal Government eventually took steps to protect Lagos from the aspirations of politicians, by creating the portfolio of Minister for Lagos Affairs in the late 1950s. The first occupant of that portfolio was Muhammadu Ribadu, a grand-uncle of the wife of our current president Mrs. Aisha Buhari. Another occupant of this portfolio was Alhaji Yar’adua the father of the late President Umar Yar’adua and the late Shehu Musa Yar’adua. Significantly, all the occupants of this Ministerial position on Lagos Affairs were Northerners. This was perhaps, deliberate, to ensure that Southern politicians particularly the Yoruba, would never again take advantage of the City of Lagos for political gain or favour as was the case in the early 1950s. Creation of Lagos State: May 27th, 1967 By the time the 1st Republic collapsed in 1966 culminating in the advent of Military Rule, Lagos was amongst the twelve newly created federating unit states that emerged on the 27th of May, 1967 from the four existing Regions of North, East, West and Mid-West. It was the smallest of all the States created and the population of the State at the time of creation was just over 700,000 compared with over 20,000,000 today. Ironically, in a complete U-turn, part of the territory of the old Western Region that administratively controlled Lagos such as Ikeja, Ikorodu, Epe and Badagry were added to the territory that made up the old Colony of Lagos to create modern day Lagos State. Brigadier General Mobolaji Johnson (Rtd.) has the singular honour and distinction of being the first Governor of Lagos State, while Chief J. A. Adeyemi- Bero, Mr. F. C. O. Coker, Mr. Arthur Howsen-Wright and Mr. Justice Idowu Agoro were the first new Executives of the State. The City of Lagos remained the Capital of the Federal Republic of Nigeria until the seat of Government was itself moved (as earlier predicted, at considerable expense) to Abuja on the 12th of December, 1991. Nevertheless, the remarkable growth of Lagos from British Colony to a Nigerian Federating Unit State in the course of just over a century, has itself resulted in fifty stable years of Lagos State evolving as a civil, democratic, prosperous and egalitarian society in modern contemporary Nigeria. This is without doubt worthy of celebration. Itesiwaju Eko lo je wa logun. CONGRATULATIONS LAGOS STATE!!! Stephen Kola-Balogun, Legal Practitioner, former Commissioner for Youth Development, Osun State

14/

30.05.2017

IN BLACK AND WHITE ADERINSOLA FAGBURE

afagbure@yahoo.com

The National Collateral Registry - A Welcome Development

n recent times, there has been a lot of news concerning the efforts being made by the Presidency and all the relevant stakeholders, towards improving Nigeria’s ranking on the Word Bank Doing Business Report. It has become a matter of concern that the country is ranked poorly, having been placed 169 out of the 183 countries considered in 2017. In response to our poor performance, The Presidential Enabling Business Environment Council (PEBEC) set out a 60-day National Action Plan, with a view to improving efficiency in business registration, the visa issuing process, land registration procedure among others. PEBEC is expected to simplify export procedures and related documentation, by leveraging on technology, with a view to removing administrative bottlenecks and bureaucracy. Online Company Registration I attended a PEBEC stakeholders meeting recently, which had in attendance representatives of the Corporate Affairs Commission (CAC), Standards Organisation of Nigeria (SON), the Central Bank of Nigeria (CBN), and other important regulators. In terms of starting a business, a number of reforms were highlighted, including the fact that company name search is now functional on the CAC website and that documents can therefore be uploaded, enabling esubmission of registration documents. It was also mentioned that the FIRS e-payment solution is now integrated into the CAC portal, to enable estamping and that company registration can as such be completed without involving the services of legal practitioners. The progress made thus far towards ensuring seamless online registration is laudable. However, the online process is still fraught with challenges, particularly those relating to the reliability of technology. It is no news that the relevant portal is almost always down. This makes a 24-hour turn-around time for busi-

ness registration, from submission to conclusion almost impossible. A number of lawyers are upset with the development which seeks to ensure that company registration can be completed by a business promoter, without involving a solicitor. I know this reform may reduce earnings for professionals, but it is a necessary step towards promoting SMEs and international best practice. Property Registration In the area of registering of property, the sworn affidavit is no longer required to conduct title searches at the Lagos Land Registry, and a complaint mechanism has been made available online. I am particularly excited about the fact that, in a bid to assist small businesses in obtaining credit, the National Collateral Registry (a CBN/ IFC Initiative) has become fully functional. In most jurisdictions across the globe, the creation of security interests in moveable properties, are as commonly acceptable as real property, especially among individuals and small businesses, given that such security interests are more accessible and easily realisable. The Registry, was made operational by Part III of the Central Bank of Nigeria’s Regulations on Registration of Security Interests in Movable Property by Banks and other Financial Institutions (Regulations No, 1, 2015), because the appropriate Bill is still pending before the National Assembly. The

said Bill is at its third reading stage. The objective of the Regulation, is to provide a regulatory framework for accessing credit facilities that are secured by movable property, the creation and perfection of security interests and the realisation of such security interests Lending and Borrowing The website, (www.ncr.gov.ng) is presently available for the use of lenders, to determine if any prior security interests exist for a collateral being pledged by a borrower. The lender can also register his or her own security interest in the said collateral. This is meant to provide more information on a borrower’s collateral, to forestall a situation whereby lenders are unaware that assets have been or are being pledged multiple times. It makes it possible to easily confirm the status of a movable asset, because the database is public. The provision of this information helps make lenders more confident in granting loans. There has also been increased sensitisation on the usage of credit bureaus, which provide the credit history of borrowers and shares it among lenders. It must be mentioned that a uniform criteria for credit ratings, should be adopted across the various agencies, to minimise the confusion being created by varying standards among Credit Bureaus. Given the volatility of small

"I AM PARTICULARLY EXCITED ABOUT THE FACT THAT, IN A BID TO ASSIST SMALL BUSINESSES IN OBTAINING CREDIT, THE NATIONAL COLLATERAL REGISTRY (A CBN/ IFC INITIATIVE) HAS BECOME FULLY FUNCTIONAL. IN MOST JURISDICTIONS ACROSS THE GLOBE, THE CREATION OF SECURITY INTERESTS IN MOVEABLE PROPERTIES, ARE AS COMMONLY ACCEPTABLE AS REAL PROPERTY"

businesses and the high credit risks that these concerns portend to lenders, they are often subjected to high interest rates and very strict collateral requirements. Many small businesses cannot boast of fixed assets such as land, buildings, plants and machinery. A large proportion of their assets are in the fluid cum movable form, and as such their collateral usually takes this form. As the principle goes, you cannot give what you do not have (nemo dat quod non habet). Based on the opportunities in agri-business among others, the Collateral Registry regime, allows Nigerian farmers and entrepreneurs, to unlock significant sources of capital with assets that would otherwise not be looked at by lenders as acceptable collateral. I am aware cows and stock are currently listed on the platform. In my view, the establishment of this online platform is a significant move towards encouraging banks and other financial institutions in Nigeria, to increase lending to MSMEs. Amongst other things, the Regulation like the Bill of Sale Act, will create a wider pool of assets that can be utilised as collateral for loans or other obligations required to be collaterised. The availability of more funds to this sector will, without doubt, enhance the liquidity of the real sector of the Nigerian economy. In addition to guaranteeing a wider pool of collateral, the Regulation also provides protection for Obligors and their collaterised assets, by providing clear rules for the creation and realisation of security. Increased publicity and awareness is, however, required to support the successful operations of the registry. The conclusion at the PEBEC workshop which I align with, is that local banks should be encouraged to make use of the moratorium window provided by the apex bank. Further, partnership between the financial institutions and the judiciary is encouraged, to ensure efficient speed of enforcement where a claim arises, particularly because of the volatile nature of movable assets.

30.05.2017

/15

INSIGHT ABUBAKAR D. SANI

xL4sure@yahoo.com

Emir Sanusi: Alleged Misappropriation and a Dethronement That Never Was

Introduction t is no longer news that the probe launched by the Kano State House of Assembly into the alleged misappropriation of the sum of N6billion, inter alia, by the Emir of Kano, His Royal Highness Muhammad Sanusi II, has been dropped at the instance of the State Governor, Dr. Abdullahi Ganduje. This was reportedly sequel to the intervention of well-meaning Nigerians, including Acting President Yemi Osinbajo, the Sultan of Sokoto, Alhaji Aliko Dangote, former President Ibrahim Babangida and others. Notwithstanding this obviously welcome development, I believe that it will not be out of place to interrogate the merits or otherwise of the charge of misappropriation, in particular, levelled against the His Royal Highness, not least because the Emir’s legendary irrepressibility might yet ensure that the suspension of the probe turns out, in the not too distant future, to be but a temporary truce -a lull in the fighting - before the resumption of full-scale hostilities. And this time, the outcome might not be so favourable for at least one, if not all, the combatants Appropriation and Misappropriation But, first, what is “appropriation”? It is defined as “a legislative body’s act of setting aside a sum of money for a public purpose” - see BLACK’S LAW DICTIONARY, 8th edition. Page 110. Accordingly, to misappropriate funds is to spend or utilise public funds for a purpose, or to an extent which is different from or greater than that for which it was intended or authorised by the appropriating authority. Public funds are appropriated in what is commonly referred to as ‘a budget’. A budget is, in fact, a law called an Appropriation Law - which is passed by the National or a State House of Assembly. See Sections 120 – 123 of the 1999 Constitution. Section 10(2) – (4) of the Kano Emirate Council Special Fund Law 2004 provides that the accounts of the Emirate shall audited by an auditor approved by the Auditor-General, who shall submit a report thereon to the Emirate Council, which shall, in turn, submit same to the State Governor. This provision appears to be inconsistent with Section 125(3)(b) and (5) of the Constitution which authorises the State Auditor-General: i. To comment on the annual accounts of the council and the report of the external auditor thereon; and ii. Within 90 days of his receipt of the Accountant-General’s financial statement and annual accounts of the State, to submit his report thereon to the State House of Assembly, upon which the House shall cause the report to be considered by the House Committee on Public Accounts. Allegation Against Emir: IllMotivated To the extent that a budget is a law, an allegation that public funds have been misappropriated is simply shorthand for saying that, based on the

Emir Mohammed Sanusi II

reports of both the Auditor-General and Accountant-General of the State, the House Public Accounts Committee believes that reasonable grounds exist, to presume that funds approved by the House for the Emirate Council in an Appropriation Law, were applied in a manner that was inconsistent with that Law. Accordingly, in the absence of any ‘red-flag’ or ‘flags’ in either the Auditor-General/ Accountant-General’s report(s), or that of the House Public Accounts Committee, the allegation levelled against the Emir is, in my view, ill-motivated. Assuming, without conceding, that those reports, or any of them, indicted the Emir, that is by no means conclusive, as the all-important question is, whether there is divergence or inconsistency between the purpose and quantum of funds appropriated in a budget passed by the House, and the actual expenditure profile of the Emirate. Obviously, if no such divergence exists - or, indeed, if no such appropriation was made – no law has been violated, and this charge is untenable. I believe that the provisions of Section 11 of the Emirate Council Special Fund Law which require the expenses of the Emirate to be backed by a budget approved by the Governor are anomalous, because they are somewhat out of sync with Section 121(1) & (2) of the 1999 Constitution, which confers the power of approv-

ing State budgets (including those of its organs like the Emirate Council) on the State House of Assembly; the Governor’s role in this regard is merely to prepare and lay the budgetary estimates before the State Assembly. More importantly, in my view, that provision of the Law is merely directory and not mandatory, notwithstanding the word ‘shall’ used therein. This is because the Supreme Court has consistently held that, there is no general rule for determining when that word implies either a peremptory or a directory mandate; in every case, what is paramount, is the object of the statute, which is to be construed as a whole. See SPEAKER, BENDEL HOUSE OF ASSEMBLY v OLOYO (1983) 7 S.C. 85 @ 225, per Nnamani, JSC. The same applies to Section 120(3) & (4) of the Constitution which provides as follows: “(3) No moneys shall be withdrawn from any public fund of the State, other than the Consolidated Revenue Fund of the State, unless the issue of those moneys has been authorised by a Law of the House of Assembly of the State; “(4) No money shall be withdrawn from the Consolidated Revenue Fund of the State or other public fund of the State except n the manner prescribed by the House of Assembly”. The position of the Supreme Court on the import of the word ‘shall’ used in an enactment, was somewhat modified

"ACCORDINGLY, IN THE ABSENCE OF ANY ‘RED-FLAG’ OR ‘FLAGS’ IN EITHER THE AUDITORGENERAL/ACCOUNTANT-GENERAL’S REPORT(S), OR THAT OF THE HOUSE PUBLIC ACCOUNTS COMMITTEE, THE ALLEGATION LEVELLED AGAINST THE EMIR IS, IN MY VIEW, ILL-MOTIVATED"

in IFEZUE v MBADUGHA (1984) 1 S.C.N.L.R 327 @ 349, where the court held, per Eso, JSC, as follows: “Whenever a statute creates a duty, the first primary question for judicial decision is what is the sanction that has been provided for its breach. No statute creates an obligation without anticipating a breach. Is there any sanction? If there is, then it is mandatory. It is absolute. Where the court cannot interfere to compel performance, or indeed, punish the breach of duty, the Act is directory.” This principle was followed in N.E.W. Ltd. v DENAP Ltd (1994) NWLR pt. 338, and was codified in Section 36(12) of the 1999 Constitution thus: “No one may be convicted of a criminal offence unless that offence is defined and the penalty therefor prescribed in a written law. See also Article 7(2) of the African Charter on Human and Peoples Rights. To the best of my knowledge, no such statute has been invoked against the Emir in relation to the charge of misappropriation of the funds of the Emirate. Assuming, without conceding, that such a law exists, it must – like all penal statutes – be strictly construed for the benefit of His Royal Highness: OHUKA v THE STATE (1988) 2 S.C. pt. II pg. 139. In UMOERA v C.O.P.(1977) 7 S.C. 12, the Supreme Court held that that this legal requirement manifests in four ways, viz:i. that express language is required for the creation of the offences alleged; ii. that words describing the elements of the offence should be strictly interpreted; iii. that any statutory conditions precedent to the infliction of punishment should be fulfilled to the letter; and iv. that all technical provisions should strictly be observed Conclusion While spending funds which have not been appropriated may be legally inappropriate, it is neither illegal nor does it amount, without more, to corruption. Under the law, misappropriation of public funds, per se, it is not a strict liability offence; there must be something more – an element of moral turpitude – which taints such expenditure and strongly hints at corrupt enrichment on the part of the affected public official. Above all, such conduct must be clearly expressed to be punishable as a criminal offence under the provisions of a penal statute. In order to sustain the charge of spending funds appropriated for the Emirate contrary to the provisions of an Appropriation Law enacted by the State House of Assembly, it must be established that a written law unambiguously penalises – not merely prohibits – that conduct. Both the Emirate Council Special Fund Law and Section 120(3) & (4) of the Constitution fail this test. In a nutshell, therefore, if there is any ambiguity in the terms of the statute(s) which His Royal Highness is alleged to have contravened in respect of the allegation of misappropriation of funds, or reasonable doubt that any offence at all was committed, it must be resolved in the Emir's favour, leading, inevitably, in law, to the collapse of any further investigation or even trial.

16/

30.05.2017

T H I S D AY • TUESDAY, MAY 30, 2017

BUSINESSWORLD

ENERGY

Angbazo: Nigeria is a Good Investment Destination In this interview, President/CEO, GE Nigeria, Dr. Lazarus Angbazo said despite the challenges Nigeria is contending with, her outlook is looking better and it remains one of the countries that offers the greatest investment opportunities. Chika Amanze-Nwachuku presents the excerpts: be better off and GE will be better off for it.

GE has signed a number of MOUs with the federal government on power, transport and health care; can you give us a breakdown of what is happening in these areas? You are putting me on memory lane because the MoU is a cascade of something that was precedent to that which is a country-to-company agreement, which we signed in 2009. We signed it with amazing aspirations for the country. But I can tell you that the sustainability of this country-to-company agreement over three administrations shows that we really seized a moment of defining what a public-private development partnership could look like. When we signed the agreement, it was a broad commitment to jointly developing solutions that meet the critical needs of the country, articulated by the country. Despite changes in government and changes in party, the need of the country has remained the same. That is why we have stayed the course. The country-to-company agreement was about infrastructure: power, oil and gas, healthcare and transportation, and that include road, rail, as well as aviation. From when we signed the agreement till today, GE has invested so much in terms of making sure that the full portfolio of GE is represented in the Nigerian business. No other country in Africa has the completeness of the GE portfolio as Nigeria

Angbazo

If you go and look at the different assets of the NRC, whether it is the Apapa site, the Zaria workshop or Enugu or Onitsha; walk the rail tracks, you will see the amount of work we have to do to even have a baseline understanding of the what needs to happen to restore the rail system of Nigeria to be an important part of the economy of this country. It is an amazing amount of work that is underway. We are far from finishing. But I want to say that unlike that history of that sector, I’ve seen a tremendous amount of tenacity and commitment in getting to a solution where we can see a marked improvement of the relevancy of that sector to the economy

does. We’ve grown from about 200 people to close to 600. We are proud to say that when everybody else was divesting, we doubled down on our commitment in terms of the local supply chain with our Calabar investment. We intend to have Mr. President unveil our Calabar manufacturing plant in the third quarter of this year. The consequences of that investment are that we are going to have a step change in terms of job creation directly and enabling jobs through supply chain, partners, and sub-contractors. Our contractors, Julius Berger has already created over 1,000 jobs on that project. GE’s operation creates a lot of economic activities. Our jobs are some of the best jobs in Nigeria; and that is 95 per cent Nigerians. There is no other country on the continent in the GE footprint that comes close in terms of the fact that Nigerians are at the helm. We’ve cascaded the country-to-country agreement to specific projects with specific targets particularly rail, which is now that most topical. I appreciate the vision and the tenacity of the President, and his team, especially the Minister of Transport and the team at the Nigerian Railway Corporation (NRC), as well as some of the leaders in the agencies that have been working on this concession. The amount of preparatory work that needs to happen for this concessioning to be successful is humongous. This is a sector that has never really been invested in. If you go and look at the different assets of the NRC, whether it is the Apapa site, the Zaria workshop or Enugu or Onitsha; walk the rail tracks, you will see the amount of work we have to do to even have a baseline understanding of the what needs to happen to restore the rail system of Nigeria to be an important part of the economy of this country. It is an amazing amount of work that is underway. We are far from finishing. But I want to say that unlike that history of that sector, I’ve seen a tremendous amount of tenacity and commitment in getting to a solution where we can see a marked improvement of the relevancy of that sector to the economy. So the launch, the concession process, and a request for proposal to this stage, where we’ve submitted; and very surprisingly, based upon reporting – I have no personal knowledge of this – it appears that GE and its consortium was the only entity that submitted a proposal. There is the need for Nigerians to understand that needs to happen for Nigeria to have a

good rail system. This is important because our country is going nowhere without power and transportation. All Nigerians should be committed to making sure that we have leadership and focused momentum. When we see people trying do things right, let’s encourage them. Why Nigeria? Commercially, there is a motivation. This is the largest country on the continent. This is the sixth biggest country in the world by population, projected to be the third biggest country in the world. How do you operate anywhere on the continent without focussing and understanding and developing a strategy for Nigeria? Nobody could tell GE to do business in Nigeria. People can talk about the corruption; they can talk about the security, and other challenges. We are not blind to these things, but we believe that we need to bet on the long term prosperity of this country. We believe that the status quo is going to get better. We believe the outlook of the country is going to get better. If we believe that, then our commercial strategy has to align with the aspiration of the country. As I said, the needs of the country have not changed. Leadership has changed; our methodologies and approaches to going after those issues have changed, but the basic needs have not changed. When you look at our portfolio as a business, it is like marriage made in heaven. There is no other company, in my humble view that has got the capability, the range of options and solutions, the leadership mindset to really look at a country like Nigeria and say we have to become development partners. That is really why. It really took us a long time to articulate why Nigeria. I can go back to presentations we made five to 10 years ago to try and convince GE why Africa, and why Nigeria. This leadership has encouraged me; they have inspired me with their commitment of time to come and dialogue with our leadership; to say we are really willing to work with you on your toughest issues, if you are willing to work with us. Some of these things we cannot do by ourselves, but we are a global company with a tremendous network of expertise and history of experience and track record. Rail has been one of those areas; power is another one. We are so busy. We have so many things to work on; we have so many opportunities to make a difference. If we do it right, the country will

Can you put a figure to the investment of GE in Nigeria? Let me tell you why I cannot give you a number. I’m not sure that is even the right question. This is because some of our investments are multi-year; we have to execute them over multiple years. As the years go by things go up, things go down. I’ll give you the example of our Calabar investment. We started out with a commitment of $250 million, which is just the building and the equipment. And then we also announced at that time that the companion investment in terms of supply chain, local sourcing will bring it up to about $1billion. That investment was to give us capability to execute on some of the projects that the country wanted to do in the oil and gas sector. We know what has happened to the oil and gas industry globally. Projects were cancelled globally. Rather than us cancelling our project, we stayed that course. We haven’t finished but we have spent over $100 million dollars on this project. We’ve slowed it down, we’ve scaled it to need but we have continued to spend when some of the biggest names globally cancelled projects. On rail, I don’t want to talk about numbers prematurely. GE and its partners will have to look at a very large capital investment to do that kind of thing we are talking about. This is going to be a multi-year, multi-sector investment. What is important is the sequence, progress and pull through in the commitments that we’ve made. We are doing funding facilitation, which means we are putting our balance sheet; we are providing funding for some of the Independent Power Plant projects that are under development. We have put money; we’ve put in equity in other people’s projects, Nigerian projects. I can tabulate all of that and give to you but you know what is going on with those projects. They are being stalled, either because of gas or because of arguments around PPA, tariffs and all of that. The quantum of GE’s investment remains significant. I think it is an underservice for me to come and give you numbers and say here they are. Another reason why I’m reluctant to do tabulation is that we operate in a competitive environment. I’m not going to spill the secrets of my house to everybody else. What challenges are you facing in the power sector; why are we not seeing results as we ought to? Number one is on the new developments, which is the IPPs where we are putting money to private investors, private Nigerian companies; just going through the development phase with the government, getting their PPA, because if they don’t get their PPA, the funding is not going to come through. To get that PPA, they need to get assurance of gas and if the gas is not provided there is no assurance of generated power. And there is no assurance of a PPA. You also have to have an assurance of evacuated power. We know how degraded the grid infrastructure is in Nigeria. We’ve had issues. Another thing is that we are not starting from a plain sheet of paper. We have an operating model, where the end of the value chain in terms of distributed power, is the front end of the value of chain in terms of money flow. The Discos who distribute the power are the ones that get the money. The people upstream, the gas producers, are not getting paid. What kind of rail technology are you bringing to Nigeria? Today, I think 90 per cent of Nigeria’s rail track network is narrow gauge. The concession is really about that narrow gauge. It is about how do we operationalise what it is today? We’ve Continued on page 26

T H I S D AY • TUESDAY, MAY 30, 2017

BUSINESSWORLD

ANALYSIS ANGBAZO: NIGERIA IS A GOOD INVESTMENT DESTINATION because he was the Petroleum Minister when the refineries were built, he has emotional ties to them. Our scope in any refinery is pretty small. We can just stay back and say, you guys go fix it, when you are ready to work; you need us and our equipment. We didn’t do that. We offered that we can leverage our global networks of partners, put together a consortium and participate in whatever process that is put out to get the best recovery plan for the refineries. There has been a public tender process. The process is continuing. Nothing formal has happened. The NNPC is doing its own work as well; like doing a baselining to determine what is there and what needs to be done. For example, the rail concessioning, I’ve been working on it in the past seven years. It is even now that we are getting to the point where we can even have documents to start negotiating terms and conditions. We declared our interest to participate in the process. We respect the process. We want to wait for them to tell us.

got about 175 million metric tonnes of freight that go on road, less than 0.01 per cent goes on track. Part of the economic revival of the country is to operationalise the narrow gauge for the purpose of moving some of the freight off roads and getting it on the track to be the stimulant for economic growth, whether it is up North or down South; agricultural commercialisation. This is the focus of the concessioning. It is about investing in the track network, operationalising it and bringing the commercial rail operation in Nigeria to global standards. The intent of the

There is no other company, in my humble view that has got the capability, the range of options and solutions, the leadership mindset to really look at a country like Nigeria and say we have to become development partners. That is really why. It really took us a long time to articulate why Nigeria. I can go back to presentations we made five to 10 years ago to try and convince GE why Africa, and why Nigeria

Angbazo concession is to make it a commercially viable and sustainable freight operation. We cannot ignore passengers either. But what makes a rail system sustainable and viable anywhere in the world is the freight. That is what pays for the passenger services. Passenger service is a social good, by and large. What passengers pay from Abuja to Kaduna cannot pay for the operation of that service. Sooner or later when government runs out of money and something breaks down, that is how everything breaks down when you depend on government to keep it sustainable. We know government does not have an infinite pocket. This is really the intent, in terms of where do we start? Government can continue to develop the standard gauge so that we have a bi-modal system. The narrow gauge could be dedicated to freight with some passengers and the standard gauge can then be used for predominantly passenger services. Then you

can introduce high-speed trains. High speed means electricity. Fix electricity before you talk about high speed trains. The locomotives we have are for freight. They can also be used to convey passengers, but it is a complete waste of horsepower. One locomotive that GE makes is equivalent to 125 trailers. So, one locomotive should be able to take 125 forty-foot container trailers off the road. NNPC recently said it’s working with GE in revitalising refineries. What role is GE playing in this? We’ve got fairly large oil and gas business, which cuts across upstream, midstream and downstream, which is inclusive of the refineries. Two years ago, when our Chairman came, part of the priority sectors that President Muhammadu Buhari put before him was the refineries, and said he wants to come and see progress. I believe

What is GE doing in Nigeria’s aviation sector particularly in relation to the plan for a national carrier? Our early participation in that process is in providing benchmark studies on what GE has done with other national carriers around the world. We have a group within our aviation business called GE AVS Solution. The Minister of State for Aviation invited us to work with his team to share our lessons learned from supporting the takeoff of national carriers around the world. We are very keen on supporting that process. We have two aviation businesses: one that manufactures the engines and the avionics, and another one, which is a leasing business, where we lease the aeroplane frame. Both businesses are active in Nigeria. And the consulting team also has within it an infrastructure investment team. So airport infrastructure is something they can support. GE signed MOUs with northern states on solar projects. What is happening with those projects? We have technical teams on the solar projects that are going to specific sites. A team just came back from Niger State where they looked at some sites where the solar project will be. That is the much I can tell you now.

DESPITE FLASHES OF RECOVERY, NIGERIAN ECONOMY REMAINS IN DISTRESS The NBS’ report also disclosed that banks’ lending to 17 sectors of the economy fell to N16 trillion in the first quarter of 2017 from N16.12trillion in the fourth quarter of 2016, indicating a decline of 0.71 per cent or N114.8 billion. Yet in another report, the NBS, said the total value of capital imported into Nigeria in the first quarter of 2017 stood at $908.27 million, the lowest in ten years. The Capital Importation Report, released by the bureau, when compared to the $1.55 billion that the economy attracted in the fourth quarter of 2016 represents a $640.61 million differential or 41.36 per cent decline. The decline in investment inflow, the report said, was due to the fall in “other investment” and portfolio investments category made up of equity, which dropped from $176.44 million in the fourth quarter of 2016 to $101.99 million in the first quarter of 2017. Loans also declined from $917 .01 million to $369.28 million while bonds, which stood at $25.4 million at the end of the last quarter of 2016, recorded nothing in the first quarter of the current fiscal year. “Capital importation was particularly low in January, at $187.9 million; this was only the fourth month since 2007 in which capital importation was less than $200million,” the NBS’ report said. Mounting Debts The International Monetary Fund (IMF) has stated that Nigeria’s debt to its Gross Domestic Product (GDP) would hit 24.1 per cent by 2018. At the end of 2015, the nation’s debt to GDP was 12.1 per cent, which climbed to 18.6 per cent at the close of the 2016 fiscal year. By the 24.1 per cent for 2018, this translates to a situation where the nation’s debt to GDP ratio would have risen by 100 per cent within a space of three years-(from 12.1 per cent in

2015 to 24.1 per cent in 2018). The IMF, in its World Economic and Financial Surveys, which was released last week equally made a projection that Nigeria’s present level of indebtedness would have peaked at 23.3 per cent of GDP by the end of 2017. The Debt Management Office (DMO) had put Nigeria’s total debt profile as at December 31, 2016 at $57.39 billion (N17.36 trillion). Of this amount, the external debt component stood at $11.41 billion (N3.48 trillion), while the domestic debt stock stood at $45.98 billion (N13.88 trillion). Nigeria’s debt consists of domestic and foreign debts, owed by the federal and subnational governments. While the nation’s debt to GDP ratio is considered one of the lowest in Africa, there is growing apprehension occasioned by the spate of debt accumulation in recent years. The World Bank had recently expressed concern over the ratio of debt payment to revenue. The Bretton Wood institution argued that reduced revenue earnings might render the country’s debt unsustainable. A total of N1.84 trillion was provided for in the 2017 budget for debt servicing. The 2017 Budget recently passed by the National Assembly has a projection of N2.35 trillion to be borrowed. Similarly, the 2016 budget projected a borrowing of N1.84 trillion for deficit financing. According to the Senior Economist at the World Bank office in Nigeria, Yue Man Lee, for the nation’s interest payment to be sustainable, the country had to boost its revenue base or work towards balancing the debt profile. “Nigeria’s debt-to-GDP ratio is relatively low. What is of concern is the ratio of interest payment to revenue. That is what is concerning. This reflects the fact that there has been a massive drop in revenues because of drop in oil revenues.

“There are two main strategies to reduce this debt burden. One is to increase the revenues. Here, in order not to be vulnerable to the volatility of the oil sector, the critical thing is to increase the non-oil revenues – the VAT, the income taxes and the excises outside of oil. This is something we have been discussing with the government about,” Lee said. Outlook As the last two quarters saw negative economic growth decelerate, fuelling optimism that the country is well on its way out of recession, the journey seems far, nevertheless. According to the latest GDP figures by the NBS, in its Q1 GDP report, the economy contracted by 0.52 per cent (year-on-year) in real terms. This was 0.15 per cent higher than the rate recorded in the corresponding quarter of 2016 (revised to –0.67 per cent from –0.36 per cent) and higher by 1.21 per cent points from the rate recorded in the preceding quarter (revised to –1.73 per cent from –1.30 per cent). Inflation rate has also continued a downward trend. From 18.55 per cent in December 2016, Nigeria’s inflation rate increased to 18.72 per cent in January 2017, came down to 17.78 per cent in February, 17.26 per cent in March and 17.24 per cent in April. The IMF had forecast a growth of 0.8 per cent in 2017 while the World Bank’s forecast is 1 per cent. However, the CBN Governor, Mr. Godwin Emefiele, who spoke at the end of the Monetary Policy Committee (MPC) meeting of the central bank last week, reaffirmed his earlier projection that the nation’s economy would exit recession in the third quarter of the year, predicating his optimism on emerging macroeconomic variables. Emefiele said with negative growth decelerating, increased capacity utilisation, and consecutive decline in the inflation rate,

among others, his earlier forecast that the nation would exit the recession was valid. “My view is that with all the positive signs we see: inflation tending downwards, GDP improving to the extent that negative movement has decelerated greatly and we have seen foreign exchange going to the real sector and industrial capacity is beginning to improve, we’ve seen positive signs in various economic sectors. “So I am very confident that at the end of the third quarter, we will be out of the recession,” Emefiele declared. He also stated that the central bank cannot determine what the convergence point of the various forex rates would be, adding however, that based on the indicators, the rates were already converging. Emefiele recalled that about three months ago, the local currency was trading at above N500 to the dollar on the parallel market, but has appreciated to between N370 and N375/$. IMF Outlook Nigeria might be on its way out of recession, but the IMF predicted a 2.6 per cent growth for sub-Saharan Africa in 2017. However, the Fund put a caveat that Nigeria and others must embark on strong policy actions with a view to changing the dwindling economic fortunes of the region. Putting in place a strong macroeconomic stability, tackling of structural weaknesses, and strengthening of social protection for the vulnerable are three key immediate measures the Fund recommended towards a robust economic growth in sub-Saharan Africa, the IMF said in its 2017 sub-Saharan Africa Regional Economic Outlook. These are the areas the federal government should target for sustained growth beyond and not put every attention on how to exit recession.

T H I S D AY TUESDAY MAY 30, 2017

www.nasconplc.com

Closeness to Allah

Forgiveness of Past Mistakes

Ramadan Kareem

Doors of Heaven open and Doors of Hell closes

creativexone

Sadaqat (Pleasing Allah through giving)

aaan0212

T H I S D AY • TUESDAY, MAY 30, 2017

PROPERTY & ENVIRONMENT S/Court Judgement: Shangisha Landlords Association Advise Homeowners to Rectify Titles The Chief Judge of Lagos State recently gave the Landlords Association of Shangisha, Lagos authorisation to enforce a 2012 judgement of the Supreme Court in its favour, after a long-drawn legal battle with the Lagos State Government over a prime piece of land consisting 549 plots. Now, the Landlords are asking everybody who did not buy land from them to rectify their purchase with them. Bennett Oghifo reports

he Shangisha landlords, the original owners of the land in the Shangisha Village Scheme, later called Magodo Scheme II in Kosofe, acquired by the Lagos State Government for overriding public interest, wanted their land back and had a long-drawn legal battle with the government, which began in 1988 and ended at the Supreme Court in their favour on February 10, 2012. They eventually got a warrant of execution of the Supreme Court judgement dated 16th March 2017 and are set to enforce. The Landlords Association of Shangisha, Lagos, actually considered using violence to evict all the occupants of the land for which the Supreme Court gave them judgement over the Lagos State Government but they have now resolved to give everybody who did not buy land from them to rectify ownership of such land with them. It is a fair deal and the only way out, said the Landlords Association of Shangisha, recently, in a press statement signed by its Chairman, Chief Adebayo Adeyiga. “The only way out is for the Judgment debtors and their agent/ privies i.e the Magodo Residents Association (MRA) to reach the Landlord Association of Shangisha/Magodo (Judgment creditors) to enable them rectify their title with the Judgment creditors or in the alternative let them concede all the unoccupied parcel of land and landed properties to meet the judgment land of 549 plots.” When talk broke of violent takeover of their property, after the Chief Judge of Lagos State signed the Possession Order, the Magodo Residents Association (MRA) called a press conference to say they had approached a High Court in Lagos to set aside the warrant of possession issued by the Chief Judge of Lagos State in execution of a judgement of the Supreme Court in favour of the Shangisha Landlords Association, led by Chief Adebayo Adeyiga. The Chairman of MRA, Mr. Kunle Eludire, at the press conference at the Estate Secretariat, had

of an affluent king.”

Ambode

claimed the Shangisha Landlords Association was set to enforce it by invading the homes of residents of Magodo. Eludire also appealed to the Lagos State Governor, Mr. Akinwumi Ambode, the Inspector General of Police, Director of State Security, among others, to intervene to prevent what, he noted, would end in mayhem. The disagreement... The Shangisha Landlords association said “It is unfortunate that the judgment debtors have suggested allocation of alternative land which does not seem to be reasonable and contrary to the judgment of the SCN (Supreme Court of Nigeria) which decided only on the said Shangisha village scheme land now known as

Magodo Scheme II aforesaid. How can the Lagos State Government (Judgment Debtors) suggests that the Judgment creditors should allow their illegal benefactors/trespassers/contemnors who claimed to be members of the Magodo Residents Association (MRA), who build their houses in contempt of the interlocutory order granted by the court of competent jurisdiction to remain on the adjudged land while the Judgment Creditors who ought to be entitled to the fruit of their judgment, are advised to vacate the said land for another alternative land which they must have deceptively collected from other families/ community in the name of overriding public interest. It is like saying, that the owner of a stolen goat be forced to leave the goat for the thief because the latter is rich and he is a prince

Attempts at alternative resolution... The Shangisha Landlords Association said they tried to resolve the matter with the government and that “there was no meeting or negotiation between us and Lagos State Government or its Agents since the National Judicial Council directed the Chief Justice of Lagos State (Hon. Justice Olufunmilayo Atilade) to give us authority to possess the Magodo Scheme II land through her writ of possession of 16th March 2017, which the Lagos State Government prevented her from signing for over five years. That shows how Lagos has relegated the rule of law and ridiculed the judgment /orders of the Supreme Court of Nigeria with ignominy. “We are on the side of the rule of law. Whatever action the Lagos State Government is taking to prevent the execution of the judgment is tantamount to obstruction and perversion of Justice and that will be addressed by the authorities concerned.” The Landlords said, “Not minding our victory (Supreme Court), we tried all methods known in conflict resolution, including auditing the remaining lands, having several meetings with one time Attorney General and Solicitor General (Mr. Ade Ipaye and Mr. Lawal Pedro) all to no avail. They said the Scheme is not designed for poor people, the Supreme Court of Nigeria lambasted, Mr. Adeniji Kazeem and warned against the refusal of Lagos State Government to comply with the judgment/order of the Supreme Court of Nigeria. “On June 2nd 2016, the A-G Lagos State on behalf of the Judgment Creditors; invited us to a meeting where we gave him memorandum for settlement, he just slept over it. Instead the Lagos State Government organized two groups of people to do everything to destroy the writ of possession as ordered by the NJC. “In August 2016, we wrote Governor Akinwunmi Ambode to step into the matter, copying Oba of Lagos, Oba Rilwan Akinolu (Oba in Council).”

Enugu Shows the Way in Mass Housing Programme Laurence Ani Given how increasingly elusive it is bringing the dream of mass housing to fruition, any promise to provide one often sounds more like platitudes invoked by politicians to secure the people’s votes than anything else. With Nigeria’s current housing deficit estimated at 17 million and a moribund mortgage sector hobbled by rising interest rates, the dream of affordable mass housing has never seemed more forlorn. “Interest rates are high for both developers and home buyers, and the tenor of debt remains too short. As a result, we have to find a way to accelerate the provision of affordable homes,” the country’s finance minister, Mrs. Kemi Adeosun, told heads of global finance corporations recently at the World Bank/ International Monetary Fund Spring Meetings in Washington. The grim situation becomes

even direr with the further disclosure that the deficit figure rises annually by 900,000. However, the solution that Adeosun craves may actually have begun in Enugu State. Last year, Governor Ifeanyi Ugwuanyi launched an ambitious mass housing programme that reduced the burden of the usually huge equity contribution on the public to a tolerable level. The Ugwuanyi administration paid over 50 percent equity contribution for Enugu State civil servants between grade levels 01-10 for the purchase of 100 units of one-bedroom flats at Elim Estate, Ibagwa Nike, Enugu. Barring radical gestures such as that implemented by the Enugu State government, owning personal homes was more often than not a Herculean task even for senior level public servants, let alone workers below the mid-level cadre. Indeed, with the country’s

N18,000 minimum wage this should not come as a surprise. So, in realistic terms, the rather meager disposable income of the Nigerian worker makes total fulfillment of mortgage obligations largely impracticable. Viewed against this intractable backdrop, Governor Ugwuanyi’s intervention takes a greater significance and, even more so, given that the successful allottees have since taken possession of the apartments. The gesture was not one driven by electoral consideration; it was essentially the fulfilling of a pledge to provide decent and affordable housing expressed during the gubernatorial campaign and boldly re-echoed at his inauguration on May 29, 2015. “We will deploy government services to create fair and equal opportunity for every willing citizen, to make a living and create wealth, educate our children and enjoy life in a

peaceful and secure environment,” Ugwuanyi said in his inaugural address. The governor’s vision is being implemented through the Enugu State Housing Development Corporation which has since established various categories of estates complete with the requisite infrastructure. It is a vision that has earned the Ugwuanyi administration a resounding accolade, albeit one for which it would rather be modest. Ugwuanyi, despite the impressive scorecard recorded in just two years, betrays no obsession for the limelight. For him, building mass housing projects, fixing roads, constructing bridges, establishing new schools and hospitals and expanding their capacities are just a part of the raison d’etre for governments anywhere they exist. So he would rather not gloat about these. Yet, such mindset does not

diminish the sheer scale of the projects especially at a time all but a few states are able to meet the most basic statutory obligations such as paying salaries and pensions. It’s instructive the mass housing programmes as well as many other capital projects were carried out despite the drop in allocation to states from the federation account (Enugu State is actually one of the least recipients of this monthly disbursement. It has nonetheless been adjudged as one of only three states capable of meeting their recurrent obligations, according to a report published last year by BudgIT, a data simplifying firm) That’s credit to the governor’s creative deployment of resources and his ability to inspire a new thinking to bolster the state’s revenue base. Of course, paying salaries and pensions and executing infrastructural projects (as Enugu and a few states do)

may truly be considered reasons that make the existence of states expedient. But they become really big issues when governments can neither pay their workers and pensioners as and when due, nor create opportunities to enable the people to acquire the most basic human needs. To the beneficiaries though, such arguments are merely academic. That is the reason the most profound message about the impact of the Governor Ugwuanyi administration’s housing policy could be gleaned from this simple statement by a female beneficiary. “Without this laudable initiative, I could not have conceivably become a home owner,” she declared proudly on receiving the keys to her apartment from the governor. * Ani resides in Enugu and his writings could be read further on Twitter @AniLaurence and laurenceani.blogspot.com.

T H I S D AY • TUESDAY, MAY 30, 2017

PROPERTY & ENVIRONMENT

Land Dispute: Oniba Family Urges Ambode to Enforce Court Judgement Akinwale Akntunde The Oniba of Iba kingdom, Oba Yushau Goriola Oseni has urged the Lagos State government to ensure compliance with a Supreme Court judgement on the ownership of its land at Ilemba Awori and Ilemba Hausa communities in Ojo town. Oba Oseni and the Oniba Chieftaincy family accused the Elete family, a neighbouring riverine community, of trespass. In a petition to Lagos State government dated April 18, 2017, the Iba kingdom urged the government not to encourage the conversion of their land by the Elete family, since the state government through its Ministry for Local Government and Chieftaincy Affairs, were defendants in the suit no LD/1219/1974,FCA/L/108/79 and SC.24/1983 which was decided in Oniba’s favour by the Supreme Court in 1984. The petition written by their counsel, Mr. Adetunji Orisalade

was titled, ‘Unlawful Act of Invasion and Forceful Occupation of Ilemba Awori Town by the Elete Family Members and Attempt to Cause Breach of Peace’. They stated that Iba town received information that the government had granted Elete family an approval for the installation of Elete as an Oba, adding that government also relinquished the two communities’ as territories to the communities. According to Orisalade, the said communities traditionally belong to the Oniba of Iba in which he has always installed a traditional ruler (bale) in pursuance of the Oniba’s family ownership right over it. Orisalade said the Elete family is the land owners among the clusters of communities, adding that their land is domiciled in the riverine. He recalled how the Elete family once sued the Oniba of Iba over ownership of the said

communities but that they were repeatedly defeated as the case dragged through the High Court until it was struck out at the Supreme Court in February 27 1984. The petition reads in part: “That a family adjudged not to own Ilemba Awori and Ilemba Hausa by the highest court of the land cannot be granted same or made a chief or Oba over same by any executive fiat. “It is instructive to note also that by virtue of the said judgement supra, the issue of the ownership of Ilemba Awori community and rights over the chieftaincy there have been permanently sealed and same found to reside in our clients. “It is equally instructive to note that by virtue of the said judgement, the legally

sanctioned authority to create chieftaincies within ilemba Awori and rule over same is the Oniba of Iba. “However, it is sad that in spite of their active participation in the above cases which were even instituted by them, and the knowledge of the verdicts therein, the Elete family have been indulging in some unwholesome and unlawful act with a view to forcefully take over as one of the communities under the Elete family and rule their riverine communities therefrom. “This is untenable in law, clearly wrong and most unacceptable to our client who shall equally and forcefully resist same.” Orisalade said while the Oniba of Iba was not opposed to the creation of a monarch for Elete, it maintains that Elete

should restrict its reach to their traditional riverine areas and not encroach on the disputed communities.” Similarly, a letter dated April 21 2017 and signed by Orisalade Adetunji Taiwo on behalf of Oniba family, has been sent to Governor Ambode with the title: ‘Attempts at violating the judgment supra by official of the Lagos State Government.’ While the letter was copied to Governor Ambode; the petition was copied to the Governor of Lagos State; Office of the Attorney-General and Commissioner for Justice; Commissioner for Local Government and Chieftaincy Affairs; and the Commissioner of Police. In his reaction, the Elete of Ete kingdom, Oba Nafiu Daoda Oduowo Iya, politely declined to comment on the Supreme

Court judgment. He, nonetheless, absolved himself and his subjects of any wrongdoing. However, one of the monarch aides, Abdulahi Adeyinka, said the monarch of Iba had taken the matter to the police and that it had already been settled there. “This same petition was taken to Police Command at Area K Police along Lagos/ Badagry expressway, where the Assistant Area Commander of the place invited both of us. “Police said they could not intervene on matters bordering on boundary adjustment, moreso when the two parties are within the same Iba local government. The police have therefore advised that both parties should write to the Lagos State Ministry of Survey which is capable of producing boundary adjustment for both parties,” Adeyinka added.

No-Slips Limited Unveils Solution to Slippery Floors, Bathtubs Fadekemi Ajakaiye No-Slips Limited has been appointed the official Nigerian representative of Suresteps, a safety floor and bathtub treatment company based in Canada. Suresteps offers long-lasting chemical treatment that creates an invisible, sophisticated tread design into the surface of hard mineral floors and porcelain/ enamel bathtubs. The Executive Chairman of No-Slips Limited, Mr. Charles Igbinidu confirmed this development while addressing journalists, recently. With this appointment, Mr. Igbinidu said that the company has been given the sole right to market and deliver Surestep’s Non-slip products and services to her Nigerian clients. He explained that it is commonplace to see janitors display “wet floor” signs as a ritual when they clean floors in public spaces; they adhere to this ritual, perhaps as a result of company policies, to comply with government regulations or just out of genuine care for their visitors’ safety. What is certain, however, is that there is a very high possibility of people slipping and falling when floors are wet and one fall is all that’s needed to do a heavy damage to a company’s reputation, resources and peace of mind. According to Igbinidu, an unfortunate event like that may leave a company with many things to contend with. There are law suits, bad publicity, government liabilities etc. He also revealed that stories abound of people who slipped and fell in their private spaces such as bathrooms or even while diving into swimming pools; the fall most times is fatal. Igbinidu said the vision of No-Slips Limited is to make offices and homes safer by reducing the chances of slip and fall accidents occurring adding that there has been reports of people who lost their lives as a result of slip

and fall accidents, while there are also reports of those who have sustained life threatening injuries or permanent disability at their places of work as a result of wet and slippery floors. “We all have experienced a slip at some time or another and it always comes as a surprise, we can never seem to be too careful. The consequences sometimes are unpleasant” he said. He recalled the incident that happened to a friend of his who slipped in his bathroom while trying to have a shower, hit his head and died. “This kind of sorrowful incident can easily be avoided if precautionary measures are put in place and that is where ‘No-Slips’ comes in. We treat your floors, bathtubs, swimming pool floors with Surestep Products to make them resistant to slips and prevent falls when floors are wet. The product has been developed and proven for concrete, quarry tile, spanish tile, ceramic tile, glazed brick, marble, terrazzo, porcelain/ enamel, and many other hard mineral surfaces. Every floor and bathtub treated with Surestep is guaranteed to have an increased coefficient of friction for at least six months to two years,” he said. Igbinidu added that, though some Nigerians are aware of slip and fall accidents which according to him is one of the most common domestic accidents in Nigeria, they are yet to come to the reality of its dangers and how to prevent it. According to him, “empirical research and experience have shown that accidents don’t just happen, they are caused and almost all dangers to which we are exposed at home are often due to our negligence or making. “Sometimes, parents may forget to mop wet floors or wipe greasy substances that have spilled on the floor causing slip and fall accidents in the home and resulting to injuries. The most affected are children.

L-R: Director, NIMET, Dr. Mohammed Matazu; Director, Nigeria Hydro-logical Service Agency (NIHSA), Mr. Moses Beckley; Special Adviser to Lagos State Governor on Environment, Mr. Babatunde Hunpe and the Commissioner for the Environment, representing the Governor, Dr. Babatunde Adejare, during a 2-days stakeholders summit, on the negative impacts of flooding of Ogun River and adjoining towns and villages, in Lagos... recently KOLA OLASUPO

Nations Ocean Ajayi Advocates REITS at United Conference set to Mobilise London Forum Action to Reverse Marine array of financial outlets such Fadekemi Ajakaiye as Pensions funds, Insurance Degradation The Managing Director, companies and the Capital Propertygate Development and Investment Plc., Mr. Adetokunbo Ajayi has advocated the use of Real Estates Investment Trusts (REITS) as a potent window for enhanced financing of real estate investment. This he stated while addressing experts at the meeting of the African Chapter’s first Global Real Estate Institute (GRI) Club in London recently. At the event tagged, “Trends Shifting in Real Estate Capital Flows in Sub- Sahara Africa,” Ajayi said REITS would enable developers in African continent to raise funds internally as against over-dependent on foreign investors. The focus of the London forum was how Africa compares to other emerging markets of the world while members considered the impact of regulations, policy changes, and obstacles preventing flows of foreign capital into Africa. Ajayi stated that African continent should explore funding opportunities in an

market by leveraging on REITs. He said that rather than devoting significant energies chasing after foreign investors who demand a great deal of persuasion, in the light of structure, challenges and competition from other regions of the globe, operators should begin to seriously look inward for funding. The London forum observed that there is lack of liquidity in the African market and absence of secondary market, adding that with this economic challenge, investors are turned off. As attention had turned to Eastern Europe, with reduced investment flow from South Africa, the Meeting unanimously agreed that investment into the African real estate market from international investors has slowed down. A member however pointed out that the continent had begun to witness some improvements as countries like Ghana and Zambia are beginning to pick up while liquidity in the exit market is believed to be deepening.

Bennett Oghifo

The United Nations will bring together Heads of States, Heads of Governments and other high-level delegates, representatives from civil society organisations, the business community, intergovernmental and UN agencies as well as renowned personalities, and other ocean and marine life advocates at the Ocean Conference on 5 to 9 June to spur action to improve the state of the world’s oceans. This is contained in a statement by UN Department of Public Information, which said, “With the health and sustainability of the global ocean sharply deteriorating, the Conference comes at a critical moment. Human activities are having major impacts on the ocean, affecting everything from the viability of marine habitats to the quality and temperature of the water, the health of marine life, and the continued availability of seafood. Ocean

deterioration has broader implications as it affects poverty eradication, economic growth, sustainable livelihoods and employment, global food security, human health and climate regulation—many of the critical goals needed to achieve the 2030 Sustainable Development Agenda.” The Ocean Conference, the first UN conference of its kind on the issue, will focus on achieving the targets of Sustainable Development Goal 14, highlighting the need to conserve and sustainably use oceans, seas and marine resources for sustainable development. Mandated by the UN General Assembly, the Conference was originally scheduled to take place in Fiji. But Cyclone Winston caused heavy damage to the island in 2016 and the Conference was moved to New York. The Governments of Fiji and Sweden are co-hosting the Conference, and Fiji will kick it off with a special cultural ceremony at 9 a.m. on 5 June, prior to the formal opening.

T H I S D AY TUESDAY MAY 30, 2017

Continued S/N

CUSTOMER NAME

ITEM OF IMPORT

DATE OF FUND UTILIZATION

EXCHANGE RATE

AMOUNT ($)

T H I S D AY TUESDAY MAY 30, 2017

Continued S/N

CUSTOMER NAME

ITEM OF IMPORT

DATE OF FUND UTILIZATION

EXCHANGE RATE

AMOUNT ($)

T H I S D AY TUESDAY MAY 30, 2017

Continued S/N

CUSTOMER NAME

ITEM OF IMPORT

DATE OF FUND UTILIZATION

EXCHANGE RATE

AMOUNT ($)

RC 103022

T H I S D AY TUESDAY MAY 30, 2017

TUESDAY MAY 30, 2017 • T H I S D AY

INTERNATIONAL

email:foreigndesk@thisdaylive.com

North Korea Fires Scud-class Ballistic Missile, Japan Protests North Korea fired at least one short-range ballistic missile on Monday that landed in the sea off its east coast, the latest in a fast-paced series of missile tests defying world pressure and threats of more sanctions. The missile was believed to be a Scud-class ballistic missile and flew about 450 km (280 miles), South Korean officials said. North Korea has a large stockpile of the short-range missiles, originally developed by the Soviet Union. Monday’s launch followed two successful tests of mediumto-long-range missiles in as many weeks by the North, which has been conducting such tests at an unprecedented pace in an effort to develop an intercontinental ballistic missile (ICBM) capable of hitting the mainland United States. North Korea was likely showing its determination to push ahead in the face of international pressure to rein in its missile programme and “to pressure the (South Korean) government to change its policy on the North,” South Korea’s Joint Chiefs of Staff spokesman Roh Jae-cheon said.

It was the third ballistic missile test launch since South Korea’s liberal President Moon Jae-in took office on May 10 pledging to engage with the reclusive neighbor in dialogue. Moon says sanctions alone have failed to resolve the growing threat from the North’s advancing nuclear and missile programme. The missile reached an altitude of 120 km (75 miles), Roh said. “The assessment is there was at least one missile but we are analysing the number of missiles,” he said. North Korea, which has conducted dozens of missile tests and tested two nuclear bombs since the beginning of 2016 in defiance of U.N. Security Council resolutions, says the program is necessary to counter U.S. aggression. The White House said President Donald Trump had been briefed about the launch. The U.S. Pacific Command said it tracked what appeared to be a short-range ballistic missile for six minutes and assessed it did not pose a threat to North America. The United States has said it

was looking at discussing with China a new U.N. Security Council resolution and that Beijing, North Korea’s main diplomatic ally and neighbour, realises time was limited to rein in its weapons program through negotiations. Trump portrayed the missile test as an affront to China in a morning post on Twitter. “North Korea has shown great disrespect for their neighbor, China, by shooting off yet another ballistic missile...but China is trying hard!” he wrote. U.S. Defence Secretary Jim Mattis, asked what a military conflict with North Korea might look like if diplomacy failed, warned on Sunday it would be “probably the worst kind of fighting in most people’s lifetimes”. “The North Korean regime has hundreds of artillery cannons and rocket launchers within range of one of the most densely populated cities on Earth, which is the capital of South Korea,” Mattis told CBS news program “Face the Nation”.

T H I S D AY TUESDAY MAY 30, 2017

TUESDAY, MAY 30, 2017• T H I S D AY

NEWS

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

Lagos Generates More IGR than 30 States Combined Fourteen states are insolvent as their Internally Generated Revenues (IGR) in 2016 were far below 10 per cent of their Federation Account Allocations (FAA) in the same year. The index, which was released yesterday by Economic Confidential, an Economic Intelligence Magazine, showed that without the monthly disbursement from the Federation Account Allocation Committee (FAAC), many states are unviable, and cannot survive without the federally collected revenue. The IGR are generated by states through Pay-As-You-Earn Tax (PAYE), Direct Assessment, Road Taxes and revenues from Ministries, Departments and Agencies (MDA)s. The report as contained in the Annual States Viability Index (ASVI), further indicated that the IGR of Lagos State of N302billion is higher than that of 30 states put together excluding Lagos, Ogun, Rivers, Edo, Kwara and Delta States whose IGRs are very impressive at more than 30 per cent each. The 30 other states merely generated a total of N258billion in 2016. The latest report on IGR revealed that only Lagos and Ogun States generated more revenue than their allocations from the Federation Account by 169 per cent and 127 per cent

respectively and no any other state has up to 100 per cent of IGR to the federal largesse. The IGR of the 36 states of the federation totalled N801.95 billion in 2016 as compared to N682.67 billion in 2015, an increase of N119.28 billion. While the report provides shocking discoveries to the effect that 14 states which have less than 10 per cent IGR may not stay afloat outside the Federation Account Allocation due to socio-political crises including insurgency, militancy and herdsmen attacks, others lack foresight in revenue generation drive coupled with arm-chair governance. The states that may not survive without the Federation Account due to poor internal revenue generation include Borno which realised a meagre N2.6billion compared to a total of N73.8 billion it received from the Federation Account Allocation (FAA) in 2016 representing about four per cent Others are: Ebonyi with IGR of N2.3 billion compared to FAA of N46.6bn representing five per cent Kebbi N3.1 billion compared to FAA of N60.88 billion representing 5.14 per cent; Jigawa with N3.5 billion compared to N68.52 billion of FAA representing 5.15 per cent and Yobe with IGR of N3.24nn compared to N53.93 billion of FAA representing 6.0 per cent

within the period under review. Other poor internal revenue earners are Gombe which generated N2.94 billion compared to FAA of N46 billion representing 6.26 per cent; Ekiti N2.99 billion compared to FAA of N47.56bn representing 6.28 per cent; Katsina N5.54 billion compared to FAA of N83bn representing 6.65 per cent and Sokoto N4.54 billion compared to FAA of N65.97 billion representing 6.88 per cent. Meanwhile Lagos State remained steadfast in its number one position in IGR with a total revenue generation of N302bn compared to FAA of N178 billion which translate to 169 per cent in the twelve months of 2016. It is followed by Ogun State which generated IGR of N72.98 billion compared to FAA of N57 billion representing 127 per cent. Others with impressive IGR include Rivers with N85 billion compared to FAA of N134bn representing 63 per cent; Edo with IGR of N23bn compared to FAA of N59 billion representing 38 billion. Kwara State however with low receipt from the Federation Account has greatly improved in its IGR of N17 billion compared to FAA of N49 billion representing 35 per cent while Delta with IGR of N44 billion compared to FAA of N126 billion representing 6.88 per cent. The ASVI further showed

that only three states in the entire Northern region have IGR above 20 per cent. They are Kwara, Kano, and Kaduna States. Meanwhile eight states in the South recorded over 20 per cent IGR in 2016. They are Lagos, Ogun, Rivers, Edo, Delta, Cross River, Enugu, and

Oyo States State. The states with the poorest IGR of less than 10 per cent in the South are Imo, Bayelsa, Ekiti, and Ebonyi States while in the North we have Niger, Nasarawa, Sokoto, Katsina, Gombe, Yobe, Jigawa, Kebbi and Borno States.

It, however, said he IGR of the respective states can improve through aggressive diversification of the economy to productive sectors rather than relying on the monthly Federation Account revenue that largely come from the oil sector.

UI Shut over Students Protest Authorities at the University of Ibadan yesterday closed down the institution following students protest. The Vice Chancellor, Professor Idowu Olayinka, stated that the closure followed protest by students and forestall breakdown of peace on campus. All undergraduates were ordered to vacate the campus latest by 6p.m. The institution had earlier fixed first semester examination for June but the examination

will now commence on July 17. The Vice Chancellor however said postgraduate students can continue with their lectures. Students had yesterday block major highway on Mokola-UIOjoo causing gridlock. This was sequel to the resolutions of the students congress reached on Saturday where it was agreed that the management be given two days ultimatum to constitute Students Welfare Board and set up fact finding committee to look into the

issue of Hot-plates in halls of residences. The students also resolved that there will not be any examinations if the university fails to issue it ID cards which were paid for last session and this session at the rate of N650 and N1,300 respectively. They also vowed to disrupt Governor Abiola Ajimobi’s press conference which was earlier scheduled to hold inside the institution forcing the programme to another venue.

Telcos Raise the Alarm over Threat to Telecoms Business, Broadband Plan Emma Okonji Tier II telecoms operators (Telcos) have raised the alarm over lingering threats that could cripple the operations of telecommunications in the country with the attendant effect of derailing the broadband plan of the federal government. The Tier II operators, made up of notable broadband companies, , said the threat, if not nipped in the bud, could collapse telecoms operations and truncate the national broadband plan that seeks to achieve 30 per cent broadband penetration by 2018. The operators therefore asked the Nigerian Communications Commission (NCC), the telecoms industry regulator, to take immediate and decisive steps to avert the looming threat of strangulation, which

its members currently face. The leaders of the Tier II telecoms operators made the call during a visit to the Executive Vice Chairman of the NCC, Prof. Umar Garba Danbatta, in his office in Abuja recently. The delegation was made up of the Managing Director of Smile Communications, Mr. Godfrey Efeurhobo; Managing Director of Spectranet, David Venn; Director Regulatory and External Affairs of ntel, Mr. Osondu Nwokoro, and the Chief Commercial Officer of Swift Networks, Mr. Chuma Okoye. They warned that a systemic industry failure threat with likely negative collateral and great national socio-economic implications is in the offing. According to them, the industry is in a situation where all operators are finding

it difficult to justify the required investment case for additional capital expenditure (CAPEX) for network capacity expansion to improve quality of service to customers. They further noted that the network operating expenditure (OPEX) of telecommunications operations has skyrocketed in the last 15 months by over 85 per cent with revenues remaining relatively flat. Most operators, they observed, are currently struggling with meeting obligations to their suppliers particularly Network Vendors, TowerCos and servicing loan obligations. This worrying trend, they noted, included even some of the Tier I operators. According to them, a perfect storm is brewing and if not headed off, would result in the collapse of key players in the industry. This is because

the domino effect of bankruptcy of any of the Tier I or Tier II Operators on the entire ecosystem particularly, banking, employment, corporate and SMEs businesses, constitutes a major threat to the economic recovery and growth plan of the current administration. Such bankruptcy and consequent collapse will also substantially lessen competition with its attendant deleterious impact on consumer choice and attainment of the broadband objectives of the country, the group warned. The delegates stated that the NCC’s declaration of 2017 as the Year of the Telecoms Consumer can be derailed by failure of operators to deliver on the expected quality of service particularly on data experience due to the weak investment case to support additional CAPEX as a result of

deteriorating market conditions. Symptoms of the declining fortunes of operators, they stated, were already evident in the market as debts continue to grow and overall service quality continues a downward trend. “As it is, there is a grave threat to the broadband agenda of the federal government and expected dividend from growth in broadband penetration envisaged in the economic recovery and growth plan 2020,” the group said. This threat, they warned, would materialise if the market is not sanitsed and the Tier II operators are not protected to encourage and justify the capital investment required to continue to invest and improve broadband penetration in the country. The Tier II operators also bemoaned their deteriorating fortunes due to predatory

pricing and cross subsidy of data using voice by Tier I Operators who possess significant market power. This they said remained a challenge the NCC must intervene to stop. The group however applauded the various interventions of the NCC in engaging other stakeholders in ameliorating the difficulties that operators face. They expressed their gratitude to Danbatta for intervening with the Central Bank of Nigeria (CBN) to reduce the burden of forex liquidity. They also commended him for his role in leading the campaign to educate the populace that base stations emissions do not cause cancer as erroneously thought. They however implored him to protect the Tier II operators and save their operations from total collapse.

TUESDAY, MAY 30, 2017• T H I S D AY

NEWSXTRA

Police in Imo, Anambra Ask Residents to Ignore Sit-at-home Order DSS hires youths to stage street protest today, IPOB alleges

Amby Uneze in Owerri and David-Chyddy Eleke in Awka Ahead of today’s sit-at-home order by the Indigenous Peoples of Biafra (IPOB) to mark the 50th anniversary of the declaration of Biafra in 1967, the Imo and Anambra State Police Commands have urged indigenes and residents in the two states to ignore such threat and go about their lawful businesses without fear of molestation. A statement signed by the Imo State command’s Public Relations Officer, Andrew Enwerem, described the order as not only inciting but represented an unpatriotic and hostile propaganda against the sovereignty of the Nigerian state. He said: “The attention of the Imo State Police Command has been drawn to the statements, claims, publications and posts circulating on the social media by groups who claim to be representing IPOB, Movement for the Actualisation of Sovereign State of Biafra (MASSOB) and Biafra Independence Movement (BIM), directing law abiding citizens and innocent Nigerians to sit at home on May 30, 2017,

in remembrance of the struggle for Biafra independence. The Inspector General of Police (IG) has already declared the publication and utterances illegal and deliberate attempt to disrupt public peace, safety and security. “He has accordingly directed all state Commissioners of Police to place their states on red alert and ensure that these unpatriotic elements do not infringe on the rights of other persons and therefore cause a breakdown of law and order. He further directed that security officials must be polite, civil, fair but firm in dealing with the situation.” The Imo State Commissioner of Police, Chris O. Ezike, acting in conjunction with heads of other security agencies have assured all citizens and residents of the state to go about their lawful business and not to fall prey to the propaganda and directives, ensuring that they have the capacity and capability to protect them. The command also advised parents and guardians to restrain their children and wards from engaging in violent conduct and other acts likely to bring them in confrontation with the law,

adding: “already, security forces/ agencies have begun a show of force and other simulation exercise within the metropolis aimed at sensitising the public and building their confidence that they will be protected.” Also, the police in Anambra State assured residents of the state not to heed the call to sit-at-home order. The state Commissioner of Police, Sam Okaula, in a telephone interview with THISDAY, said his men are very prepared to secure the people, adding that declaring a sit-at-home protest is not a lawful way by any group to pursue a legal cause. “We will not allow anyone take the laws into his hands. If they are pursuing a cause, they

should go about it the normal way. We urge everyone to go about their normal duties,” Okaula said. Meanwhile, IPOB, through its spokesperson, Emma Powerful, has maintained that the declaration of May 30, 2017 as remembrance day celebration and sit-at-home was to honour and remember fallen heroes and heroines of Biafra. He said in spite of the IG’s directive for a clampdown on pro-Biafran groups, IPOB will ensure that the sit-at-home exercise must be extended to other parts of Nigeria where Biafrans and supporters of Biafra have presence like Kano, Kaduna, Jos, Makurdi, Ibadan, Benin, Abuja, Lagos, Lokoja, Jigawa, Jalingo, Mubi, Yola,

Lafia and other cities. According to Powerful, “The sit-at-home exercise will be the best thing to happen to the people of Biafra in the last 50 years. It will be monitored by the international observers, and after May 30 sit at home, the struggle for Biafra freedom will move to another level, therefore everybody, both old and young, man and woman must stay indoors, no protest, no movement of any kind or vehicular in Biafraland from 6a.m. to 6p.m today. Also, Powerful has raised an alarm over alleged plans by the Department of State Services (DSS) to sabotage the May 30 sit-at-home protest. He told THISDAY yesterday that it had intercepted

information that the DSS had procured hundreds of T-shirts, which they would give out to hired youths to stage street protests. Powerful said the game plan was for the service to use the youths to cause trouble so as to turn back and blame it for making trouble, while justifying its plan to kill innocent youths. He said: “There is information that the DSS arranged hundreds of youths with T-shirts written IPOB that will come out on the streets to cause confusion. They will say that IPOB is causing problem in the town. “The soldiers have perfected this arrangement to kill our people, therefore we are calling Biafran to stay indoors to avoid being their victim.”

NBA Flays Continued Detention of Dasuki, El-Zakzaky Alex Enumah in Abuja As the country yesterday commemorated this year’s Democracy Day, the Nigerian Bar Association (NBA) has voiced its displeasure over the continued detention of a former National Security Adviser (NSA), Col. Sambo Dasuki (rtd), and the leader of Islamic Movement of Nigeria (IMN) popularly known as the Shi’ite group, Ibramim El-Zakyzaky, and his wife, by the federal government despite court orders which granted them bail. The National President of the NBA, A.B Mahmoud (SAN), who disclosed the position of the association during a press briefing in Abuja yesterday, remarked that such disobedience to court orders is uncalled for and does not show compliance to rule of law. “The NBA is appalled at the continued detention of certain individuals in blatant disobedient to court orders. Among these individuals are El-Zakyzaky his wife and Dasuki. While we recognise the seriousness of the charges in which individuals were held, we nevertheless viewed their continued detention as unjustified and contrary to the express court orders. We call on the government to without further delay, respect theses orders,” Mahmoud stated. Similarly, the NBA further called for the termination of investigations against judges who were accused of corruption but have not been charged before the court since the past eight months.

Mahmoud said: “In the wake of the arrest and detention of certain judicial officers by the Department of State Services (DSS), the NBA had taken the view that the judges affected should recluse themselves from judicial functions until the investigation and outcomes of those investigations are determined, we note that nearly eight months after those investigations were launched, some of the judges have not been prosecuted or charged before any court of law. “This situation is completely unsatisfactory and unacceptable. The NBA calls on the government to terminate the investigation against those judges to enable them resume their work as judicial officers.” On the alleged plans to overthrow the current administration by the military, while the NBA condemned the move in strong terms, it, however, commended the military for its timely intervention. “In recent days there have been suggestion in the media of possible instigation from segment of political class for military intervention in the governance of the country, this follows statement credited to the Chief of Army Staff of unorthodox approaches by politicians to the Nigerian military. The NBA wishes to express its concerns and condemned in very strong terms any such move from whatever quarters. Nigeria democracy and democratic institutions must be imperiled by any undemocratic change of government.”

APC BIG WIGS

R-L: Acting President, Prof. Yemi Osinbajo; SSAP on National Assembly Matters (Senate), Senator Ita Enang; Minister of Health, Prof. Isaac Adewole; All Progressives Congress (APC), National Chairman, Chief John Odigie-Oyegun; and APC National Secretary, Alhaji Bolaji Abdullahi, during the National Social Investment Programme event held at the State House in Abuja....yesterday SUNDAY AGHAEZE.

Two Dead, 14 Rescued in Lagos Building Collapse Whistle blowing, way out of incessant building collapse, says LASG

Chiemelie Ezeobi In yet another building collapse in Lagos, two persons were yesterday brought out dead from the rubbles of a three-storey building at No. 9 Daddy Alaja Street, Oke Arin, Idumota area of Lagos Island, while 14 other survivors who were rescued sustained varying degree of injuries. The bodies of the deceased had since been deposited at the Lagos Island Hospital mortuary, while the 14 persons who were rescued were treated at the emergency unit of the hospital before they were allowed to go home. Prior to the collapse, the 17-man crew were working at the site of the three-storey building that was undergoing reconstruction, when the ground floor suddenly gave way, burying the workers underneath the structure. One of the workers, 38-year-

old Taiwo Omilani, however, narrowly escaped death as he had just stepped out to buy some necessities when the building collapsed. Confirming the incident, the General Manager, Lagos State Emergency Management Agency (LASEMA), Mr. Adesina Tiamiyu, said it was the prompt response by emergency responders that culminated in the rescue of 14 victims from the collapsed building. He said: “The agency received a distress call via the toll free number 767/112 concerning a collapsed three -storey building on the Island, which prompted the immediate activation of the Agency’s Emergency Response Team (ERT) and other responders to the scene of the incident. “The other responders include the Lagos State Ambulance Service (LASAMBUS), Lagos State Fire Service, Lagos State Building Control Agency

(LASBCA), National Emergency Management Agency (NEMA), the Nigeria Police Force, and the Nigeria Security and Civil Defence Corps (NSCDC). “The agency immediately mobilised all these stakeholders to the scene and successfully rescued 14 victims with various degrees of injuries, who were immediately moved by the LASAMBUS and LASEMA Response Unit (LRU) ambulance to Mainland Hospital for further treatment, while two other bodies were recovered dead from the debris and were handed over to the family members for burial.” Meaanwhile, the state government has insisted that whistle blowing is the surest way to tackle the incessant building collapse in the state, adding that Lagosians must be willing to assist government by raising

alarm whenever they see any illegal development in any area of the state. The Commissioner for Physical Planning and Urban Development, Wasiu Anifowoshe gave the charge at the site of the collapsed building at No 9, Daddy Alaja St. Idumota, Lagos Island, which was a defective three storey building under illegal renovation with occupants still residing in it. Anifowoshe said: “This is one out of several worrisome experiences we face everyday on the job. Dealing with illegal developments here and there in Lagos State should be a joint effort between Lagosians and Government. We need information of such unlawful activities from responsible Lagosians so as to be able to curb the excesses of unscrupulous developers and owners of property in Lagos State.”

TUESDAY, MAY 30,2017• T H I S D AY

NEWSXTRA

Rice Smuggling: FG Threatens to Shut Borders with Neighbouring Countries The federal government has threatened to shut some land borders if the smuggling of rice continues from neighbouring countries. The Minister of Agriculture and Rural Development, Audu Ogbeh, gave the warning yesterday while speaking with journalists on some of the federal government’s achievements in the agriculture sector in the last two years in Abuja. Ogbeh, according to the News Agency of Nigeria (NAN) said the decision had become necessary to encourage local rice farmers and to enable the country achieve self-sufficiency in rice by 2018.

“We believe they are determined to sabotage the efforts that we are making to guarantee self-sufficiency in rice and to save foreign exchange which we don’t have. “They insist on bringing in rice through the land borders, avoiding the duties and the levies we put on them and they are definitely bent on sabotaging our efforts and we are getting increasingly unhappy with them. “And I must say that very soon, if they persist, we will take very nasty measures against them. “We will like to advise our neighbours, who believe that the ECOWAS treaty means that

Nigeria is a volunteer nation for economic suicide. “We have no such plans, destroying our own economy to make any neighbour happy. “The ECOWAS treaty number two does not suggest that any country can be an avenue of smuggling foreign goods not produced in that country for dumping in his neighbours territory. “If they insist, I do not think that government is far away from considering permanently closing certain borders very near us and when we do, nothing will make us change our minds on the issue, ECOWAS treaty or not,” Ogbeh warned. The minister said that the

importation of rice reduced from 580,000 tonnes in 2015 to 58,000 tonnes by 2016. According to him, by the end of this year, we will eliminate the difference because more people are growing rice in the country. He said the federal government would distribute no fewer than 200 rice mills to millers across the states of the federation to encourage fresh milling of locally produced rice in order to make them more palatable than the imported ones. Ogbeh said the move would save about $5 million for the country daily when achieved. According to the minister, about three months ago, there was this cry about Nigeria going

to starve and we told them that there would be no such thing. “We have never produced as much grains as we did in the last two years in this country’s’ history. “We have fed not only Nigeria, we have fed West Africa and there are still thousands of tonnes in people’s warehouses. “Those who bought grains and stored believing that starvation was near and they will make huge profit, they are now begging us to take off the grains from them because they are getting stucked. “The only shortfall we have is maize because of the disease called the armyworm. “We are dealing with that

and this planting season, we are going to support farmers to make sure that we bring that disease under control. “We have done amazing things in agriculture in two years, we are still going,” Ogbeh said. The minister said the government was working toward achieving self-sufficiency in staples within the next two years excluding wheat. He said that government’s ambition was that in five to six years from now, Nigeria should be able to earn between N10 to N30 billion from exportation of agricultural produce annually to service the country’s debts and build robust foreign reserves.

EU Says Only Nigeria Can Fix Its Problems Youths brainstorm on #FixingNigeria... Mobilises for political activism Onyebuchi Ezigbo and Senator Iroegbu in Abuja The European Union (EU) has called on the Nigerian youth to be actively involved in the politics and leadership of the country, saying only Nigerians can solve the nation’s problems. The Deputy Head of EU Delegation to Nigeria and West Africa, Mr. Richard Young, made the call yesterday at the youthorganised May 29 Democracy Day programme tagged: ‘#FixingNigeria #Democracy Day,’ in Yar’Adua Centre inAbuja. Young said outsiders can only make suggestions but the ultimate solution to Nigeria’s challenges lies with Nigerians and stressed that youths have a great role to play in this regard. According to him, the youths are the future and this fact is at the centre of next month’s joint meeting of the EU and African Union (AU) in Abijdan, Ivory Coast. He said: “We think the young men and young women are the future of what we stand for both here in Nigeria and Europe. This is also what we will be discussing at the meeting of AU and EU in Abidjan. “On the subject; ‘Fixing Nigeria, Sustainable Democracy and Imperatives’, it is only Nigerians that can solve their problem. Instead of telling you how to fix Nigeria, I am simply going to tell you two simple things.” The EU envoy while quoting the popular CNN anchor, Mr. Fareed Zakaria, said democracy is a “system marked by free and fair elections, freedom of press, rule of law, protection of individual rights and religion, association i.e constitutional democracy. “It’s when these rights are abused that people resort to extremism to challenge an affront to their rights.” Young however, noted that true federalism is one of the best structure of government best suited for a country like Nigeria

to enjoy the full democratic values. He cited a Noble Prize winner, Mr. Roger Milson, who postulated that, “Decentratlisation and democracy can improve governance. He is a strong advocate of federal institutions.” Earlier, the youth activists, participants and panelists called for active mobilisation and active political participation of over 70 million youths in the nation’s leadership and democratic governance. The thousands of youth who stormed Yar’Adua Centre also demanded for open and genuine discussing on Nigerians future including the issues of restructuring and fiscal L-R: Director, Monitoring and Evaluation, Nigerian Content Development and Monitoriing Board (NCDMB), Mr. Akintunde Adelana; President, Dangote Group of Industries, Alhalji Aliko Dangote; and Executive Secretary, NCDMB, Mr. Simbi Wabote, after firming up an federalism. One of the youth panelists agreement on maximising local content in the construction of Dangote Refinery project....recently and Executive of Access Enterprise Mr. Walter Okoye, noted: “The mindset of depending on people’s to do something for them has permeated every facet of our youths. I think no matter what for arbitration, the lawyer of enhance growth of businesses climes, modern insolvency you do everyone should be Alex Enumah in Abuja the company rushes to court.” and the economy, assured laws have favoured the involved in politics and youths “Nigeria’s Supreme Court is BRIPAN of the judiciary’s alternative debt resolution make up of 70 per cent of the The Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, the only one that sits every day cooperation in tackling their mechanisms that would population.” In the same vein, another has advised Nigerians to always of the week. Last week alone, challenges. He directed the save the business, and by youth activist and political employ other avenues of dispute we delivered 22 judgments,” association to liaise with the extension the company, rather National Judicial Institute than kill it. researcher, Ms. Josephine resolution before rushing to the he added. While stating that Nigeria According to him, this (NJI) on the training for Itoyah, called for a thorough court, thereby saving parties prognosis into the country’s and judges a lot of resources development results to a judges particularly those currently lacks effective law problem starting from how the and energy that should be situation where the courts in the High and Appeal on insolvency, the president maintained that the court has various hitherto independent channelled into something are filled with a lots of cases, Courts. Earlier, the President a critical role to play particularly with some of them dragging tribes and kingdoms were more rewarding. Justice Onnoghen who for years until they get to the and Chairman of Council, in the speedy dispensation of forcefully fused together to lamented that a lot of cases Supreme Court after a lot of BRIPAN, Sola Oyetayo, told insolvency cases. form the union. He added that BRIPAN Itoyah noted that failure to at the Supreme Court ought resources including precious the CJN that the principal understand this and create a not to have been in court in court time would have been focus of modern insolvency had already submitted a draft legislation is no longer the bill in the National Assembly workable union amongst these the first place, advised lawyers wasted. He appreciated BRIPAN liquidation and elimination that tends to shift focus from naturally competing groups to cultivate the habit of giving would present a huge challenge good and right counsel to their for the visit, noting that of insolvent entities but the liquidation of ailing companies interaction such as this, remodelling of the financial to their survival and ultimate for leadership, democracy and clients at all times. The CJN stated this in coupled with the proposed and organisational structure flourishing. good governance in the country BRIPAN is of the position “Do we really understand Abuja during a courtesy visit training for judges would of debtors experiencing what it means to create a by members of the Business provide better understanding, financial distress so as to that if the drive for Foreign state, being a country... what Recovery and Insolvency keep the judges abreast with permit the rehabilitation and Direct Investment (FDI) must I see is different Kingdoms Practitioners of Nigeria development in the area continuation of their business. yield desired results, then According to Oyetayo, much attention should be paid being forced together ... since (BRIPAN), who were in his as well as enhancement then we view our country office to solicit support of of speedy dispensation of insolvency should not be to the principle and practice from our own enclaves and the judiciary in promoting dispute relating to insolvency criminalised but be seen as of insolvency, as investors a state of sickness that needs would always want to be sure perspectives. This made us to the practice of insolvency matters. Onnoghen, while stressing right attention to be healthy of what will likely happen to think of what to get out of the and restructuring in Nigeria. their investment if and when “When there is a breach the need to create conducive again. country and not to contribute,” He disclosed that in other they decide to exit. rather than the parties going environment that would she remarked.

SEEKING COLLABORATION

CJN Cautions against Unnecessary Filing of Suits

Says Nigerian businesses need conducive environment to survive

TUESDAY, MAY 30, 2017• T H I S D AY

NEWSXTRA

Anti-graft War: Selective Justice Better than No Justice, Says Osunbor Ejiofor Alike Former Governor of Edo State, Prof. Oserheimen Osunbor, has stated that selective justice for the looters of the country’s treasury is better than no justice at all. Speaking against the backdrop of criticisms in some quarters that selective justice was being adopted by President Muhammadu Buhari in combating corruption. Osunbor added that,there is no country on earth where law enforcement agencies are able to arrest every criminal or prosecute all those arrested and secure their convictions.

According to him, the police in developed countries are known to spare criminals in the underworld known to them who help provide the vital clues or information leading to the arrest of dangerous criminals. The former governor who is also a former Chairman of the Nigerian Law Reform Commission, argued that the law gives the prosecution the discretion as to whom to prosecute, adding that they may choose to turn a co-accused into a prosecution witness if this is in the interest of diligent prosecution. “Public concern must be to ensure that whoever is charged

to court with the commission of an offence receives fair trial and gets justice in accordance with the law,” he said. “In a well-structured system of plea bargaining, a criminal may be spared prosecution or get away with a light sentence if he agrees to testify as a prosecution witness against the kingpin or mastermind of the crime where, otherwise, it would be difficult to secure a conviction. Regrettably, in Nigeria, some people are quick to erroneously label this selective justice, not knowing or pretending not to know that it is legitimate, permissible and valid under our

laws,” he explained. According to him, the Nigerian constitution “gives the Attorney General the power of nolle prosequi to discontinue the trial of any person if this is in the public interest, the interest of justice and due process.” He said the law enforcement agencies must be encouraged to do more to investigate, arrest and bring, to justice every criminal big or small because the rule of law demands nothing else. “However, given a choice between selective justice and no justice at all, the former must prevail. Selective justice is far better for society than

Abubakar Momoh, Renowned Professor and Civil Society Leader, is dead A prominent Nigerian civil society leader and Director General of the Independent National Electoral Commission’s Electoral Institute, Abubakar Momoh, has died. Momoh, a professor, who sat on the board of several nongovernmental organisations, died early yesterday, his associates said. According to Premium Times, his associate and lawyer, Abdul Mahmoud, confirmed the development.

“It’s true, I have just spoken to his brother-in-law,” he wrote on his Facebook Page.. Until his death, Abubakar was the dean of the Faculty of Social Sciences at the Lagos State University (LASU). “Abubakar obtained PhD in political theory and began his lecturing career in 1988,” his profile published by the African Leadership Centre, says. He has served on various boards and scientific committees including those of the Centre for

Democracy and Development, and Council for the Development of Social Science Research in Africa. He was the national treasurer of the Academic Staff Union of Universities (ASSU) between 1991 and 1995. He has been a researcher and lecturer at many universities across the world, including being visiting research fellow, Institute of Development Studies, University of Helsinki, Finland; fellow, Department of Peace

and Conflict Research, Uppsala University, Sweden. Momoh has also been on several technical teams of the African Union Commission, and most recently was involved in designing the African Governance Architecture and elections benchmarking for the African Union. He has also served as an election observer to several African countries on behalf of ECOWAS and African Union. He has also served as an election observer to some European countries.

allowing any thief to get away with his loot. With the recoveries of stolen money being recorded we can see that government’s approach is yielding good result despite the hue and cry about selective justice. There are many defences under our Constitution, the Criminal Code and Penal Code as well as the various statutes creating offences (such as the EFCC Act) available to persons facing criminal trials but selective justice is not one of them. People should stop pleading it in defence of suspects because it is unknown

to our jurisprudence,” he added. Specifically, he argued that “In a well-structured system of plea bargaining, a criminal may be spared prosecution or get away with a light sentence if he agrees to testify as a prosecution witness against the kingpin or mastermind of the crime where, otherwise, it would be difficult to secure a conviction.” He further argued that it was difficult for all criminals to receive same kind of judgement or prosecution.

DEMOCRACY DAY...

TUESDAY, MAY 30, 2017• T H I S D AY

DEMOCRACY DAY...

Buhari Has Fulfilled Campaign Promises, Says Lai Mohammed Our correspondents The Minister of Information and Culture, Lai Mohammed, yesterday said President Muhammadu Buhari’s administration has fulfilled its campaign promises to Nigerians despite dwindling revenue. Mohammed made the pronouncement at the presentation of the National Social Investment Programmes (N-SIP), Report Card event to mark the second anniversary of Buhari’s administration in Abuja. The theme of the report card presentation was “Showcasing the Achievements of National Social Investment Programmes: A Smile for Every Nigerian.” He said through N-SIP, the federal government provided employment to 200,000 unemployed graduates, engaged 57,000 people through Government Enterprise and Empowerment Programme (GEEP) and empowered about 26,000 ordinary Nigerians through Conditional Cash Transfer (CCT). Mohammed said under the National Home Grown School Feeding Programme (NHGSFP), government was able to serve about 25 million meals to 1.2 million pupils all over the country in order to make leaning conducive. The minister added that the APC-led federal government under its school feeding programme Enugu State Governor, Ifeanyi Ugwuanyi, acknowledging cheers from the crowd, during the 2017 Democracy Day celebration at the had employed no fewer than 12,000 cooks across Michael Okpara Square, Enugu....yesterday. 36 states and the FCT. The minister said that in spite of dwindling resource, of the state are declaring an additional recruitment to adhering to democratic conduct that would deploy adding that with the punitive steps he had taken to between since 2016, the federal government was able of 1,000 people unto the feeding table. These people democratic ideals to develop every sector of the state nip the insurgency in the bud, he has proven his to add an additional $7 billion to its foreign reserves. will be fully recruited, taken and absorbed by this in order to make it an international model of good mettle as a leader worth his salt. Mohammed disclosed that the Buhari administration garment factory.” He, however, stated that the people of the state had governance. had been able to attract $500 million to the Sovereign This was as the governor issued a statement been made to groan under the savage occupation of Wealth Fund (SWF), and increased the Excess Crude We’ll Complete all Inherited congratulating the state and Nigeria or sustaining the Boko Haram elements before the president came $87 million. democracy and remaining united and focused on on board on May,29, 2015, affirming that he exhibited Projects, Says Sokoto Govt “All these we did despite the very tight resources,” Sokoto State Deputy Governor, Alhaji Ahmed its path to greatness. the courage of a fearless and intrepid leader whose the minister said. The governor, however, stated that democracy, resolve on engendering peace in the Boko Haram Aliyu, has said the state government is determined to complete all road projects inherited from the like Rome, was not be built in a day and that it enclaves was never shaken in the face of any threat. took conscious efforts from both the people and the Wike: Our Investments in immediate past administration. Aliyu, who is also the state Commissioner for government to make the system of governance work. Benue Grants 43 Prisoners Amnesty Infrastructural Devt Have Works and Transport, made the assertion yesterday Benue State Governor, Samuel Ortom, yesterday Engendered Growth Rivers State Governor, Nyesom Ezenwo Wike, while briefing journalists on the achievements recorded Okowa Dedicates Success to God, granted amnesty to 43 indigenous inmates serving jail terms in various prisons across the state as part has declared that his administration has over the by the state government in the past two years. Thanks Deltans He maintained that the state Governor, Aminu Governor Ifeanyi Okowa of Delta State yesterday dedicated of the activities to mark this year’s Democracy Day. last two years made unprecedented investments He announced this during the official launch of this in the development of infrastructure which have Tambuwal, would not abandon any single project the success of his administration within two years in year’s cropping season/fertilizer sales and distribution engendered growth in the service sectors leading left by his predecessor. office to God and the support of Deltans. According to him, some of the road projects left to economic boom in the state. In an inter-denominational praise and worship ceremony which also commemorate with his second In a state address at a town hall meeting and by the immediate past administration had been programme christened ‘Delta State 2017 Thanksgiving years in office, held at the IBB Square, Makurdi. The governor disclosed that he decided to used the accountability forum to mark the second year completed while others are still ongoing. and Praise Day’ held in Asaba, Okowa who attended anniversary of his administration yesterday, Wike the ceremony with his wife, Edith; his deputy, Kingsley powers conferred on him, as the executive governor stated that his administration has placed the state Bauchi Seals Deal for $27.5bn Otuaro and his wife, Ebi, said the event was in obedience of the state to freed those inmates in the prisons as a democracy gift to them. on the path of rapid development after the failure Investment to the word of God. of the immediate past government. While noting that with such event, “Delta State A Bauchi State Government delegation has arrived The governor declared that moribund businesses in China to sign a partnership agreement worth will continue to prosper and glorify God,” Okowa Despite Challenges, We are Making are gradually re-opening shops in the state while $27.5 billion investment in solid minerals to explore thanked God that peace had returned to all parts of Steady Progress as a Nation, Says new local and foreign investments have also been selected minerals as well as establish a Pithead Power the state after security challenges in the creeks which Senator Adeola attracted to the state. Plant project that will contribute 3,500 megawatts led to the destruction of pipelines in the state. The senator representing Lagos West senatorial district, He said his administration had also eliminated of electricity to the national grid in partnership He expressed confidence that the state would recover Senator Solomon Adeola, has called on Nigerians multiple taxation to ensure that businesses thrive with a Chinese consortium of investors. speedily with full repairs of damaged pipelines as he to continue their active participation in Nigerian for the benefit of the people. The state Governor, Mohammed Abdullahi thanked Deltans for their support for his administration. democratic practice as this is the only way to nurture Abubakar, who disclosed this yesterday while and strengthen all the institutions of the system of I Have Not Betrayed Trust of A’ presenting his score card in the second year Ugwuanyi Pledges Good Governance, government. In his goodwill message to mark the nation’s 18 Ibom People, Emmanuel Boasts anniversary of his administration, said his Dividends Enugu State Government yesterday rolled out years of uninterrupted democratic rule, Adeola noted Akwa Ibom State Governor, Udom Emmanuel administration had delivered dividends of democracy who is celebrating his second year in office and 18 given the paucity of resources; unrealistic monthly the drums to celebrate of the second anniversary of that the nation has not done badly in running its years of interrupted democracy yesterday said he wage bill of over N5 billion and corruption in the the state Governor, Ifeanyi Ugwuanyi, even as the democracy as well as creating strong democratic values governor reaffirmed his readiness to leave lasting and institutions that make it difficult for anyone to has not betrayed the faith the people of the state system. He revealed that the projects, when completed, legacies by the end of his tenure. contemplate any other rule aside democracy. reposed in him when elected as the governor of would generate 10,000 direct and indirect In a statement made available to THISDAY yesterday The event which was held at the Michael Okpara state two years ago. square, Enugu, attracted notable personalities including by his Media Adviser, Chief Kayode Odunaro, the Regrettably though, the governor, during a employments to youths in the state. past and present leaders of the state such as the Deputy Ogun State gubernatorial hopeful said: “At 18 years broadcast and at a rally held at the Uyo Township Stadium to mark the anniversary in the state, Ahmed: Why Kwara Stepped Down President of the Senate, Senator Ike Ekweremadu and of uninterrupted democratic rule with Nigeria overcoming democratic challenges, and sometimes other members of the National Assembly. expressed concern that despite efforts to stabilise Democracy Day Celebrations The governor, who addressed the crowd, promised desperate economic situation, we can only continue the polity and the economy, there is still clog in the Kwara State Governor, Alhaji Abdulfatah Ahmed wheel of progress of the state as a people. yesterday said his administration decided to step to continue with his vision to provide good governance to grow our democracy to greater heights like other “On this second anniversary of our administration, down the 2017 Democracy Day celebration due and other basic needs of the people of the state in advanced democracie we have come here to celebrate prosperity, report to the ongoing celebration of the 50th anniversary order to “build the Enugu State of our dreams,” Your Vote is Your Power, Uzodimma notwithstanding the economic difficulties in the country. Reminds Nigerians progress and renew our deep and unbridled of the state. While thanking the people of the state for their commitment to the development of our beloved Ahmed in a statement issued and signed by For sustaining democracy for 18 years, Senator state, the land of promise, undying hopes, dreams his Chief Press Secretary, Alhaji Abdulwahab Oba, unparalleled support, solidarity and prayers, he also Hope Uzodimma has lauded Nigerians, even as and aspirations.” also rejoiced with Kwarans as the nation marks promised that his administration will continue to run he urged them to always use their votes to elect an open and accountable government. the 2017 Democracy Day. political leaders who they can hold accountable. The governor, who advised Kwarans to uphold In a goodwill message in Abuja to mark Ayade Employs another 1,000 the prevailing peace and understanding in the Kano Benefits from Buhari’s Fight Democracy Day celebrations yesterday, Uzodimma Workers in Garment Factory who represents Imo West in the Senate, said In the spirit of the Democracy Day celebration, Cross state, said such understanding is crucial for overall against Terrorists, Says Ganduje River Governor, Prof Ben Ayade, has announced development of the state. Governor Abdullahi Umar of Kano State has Nigerians should see the occasion of Democracy He stressed the need for Kwarans to live in described the state as a great beneficiary of President Day anniversary as deep reflection on the power of the recruitment of additional 1,000 workers in the peace and harmony and respect for one another’s Muhammadu Buhari’s sustained offensive against their votes without which no political office holder state garment factory. can assume office. The governor, who disclosed this to journalists differences. Boko Haram terrorist group He noted that the awesome power of votes must yesterday during the inspection of some ongoing Speaking at a town hall meeting convened to projects in the state, said the gesture was a deliberate Obaseki Says All Hands on Deck showcase his two-year score-card as governor yesterday, be used wisely to elect God-fearing leaders who measure to put food on people’s table. Godwin Obaseki of Edo State has assured the Ganduje said the president is the one who can be would protect and defend the interest of the people According to him, “We the government and people people of the state that his administration is committed said to have achieved his goal on security100 per cent, particularly the less privileged.

T H I S D AY TUESDAY MAY 30, 2017

T H I S D AY • TUESDAY, MAY 30, 2017

TUESDAYSPORTS

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

A F T E R M AT H O F FA C U P R E D C A R D

Conte Defends Victor Moses, Insists He’s Not a Cheat Duro Ikhazuagbe with agency report Chelsea gaffer, Antonio Conte has come to the defence of Victor Moses by insisting the Nigerian international is not a cheat despite his dive in the FA Cup final against Arsenal last Saturday. Moses was sent off for a second bookable offence in the 68th minute after he went down in the Arsenal penalty area under the mere suggestion of contact from Alex Oxlade-Chamberlain. Referee Anthony Taylor, having already booked Moses for a tug on Danny Welbeck, was in a good position to spot the dive and issued a second yellow card for simulation. That effectively reduced the Blues to 10 men in that final they were seeking a second trophy to add to the Premier League this season. Arsenal went on to win the trophy with a 2-1 victory at Wembley. That face-saving victory is now partly responsible for why talks of a new deal is on the table for French man Arsene Wenger who endured a torrid season with calls from a section of Gunners supporters for his sack. But Conte refused to hang Moses out to dry and hinted that the 26-year-old could have gone to ground due to tiredness rather than with the intention to cheat the referee.

“Honestly, I did not see the situation,” the Italian said via FourFourTwo. “I do not know for sure, but there is a lot of attention on this moment. Sometimes I think it could be tiredness,” Conte said. “We are at the end of the season and a lot of players are tired and then there is a lot of pressure.” Though Conte did admit his player went to ground without contact, he insisted that Moses would not have tried to deceive Taylor. “Moses is an honest player and if there was this situation he was tired and he did not want to cheat the referee,” Conte added. Arsenal were winning 1-0 at the time of Moses’s dismissal thanks to Alexis Sanchez’s fourth-minute opener - which was awarded by the referee after the linesman had initially ruled it offside. Ten-man Chelsea equalised against the run of play through Diego Costa but Aaron Ramsey headed home less than three minutes later to hand Arsene Wenger his seventh FA Cup the most of any manager in the competition’s history. Barely 24 hours after that FA Cup final, Moses formally tied the knots with the mother of his two children at a private ceremony Huddersfield players celebrating the victory over Reading as well as the promotion to the Premier League… yesterday in London. Only his close associates were invited to the private party.

Dosu, Others to Scout at Shuffle Select 2017

Former Nigeria international, Joseph Dosu, will be among scouts at the Shuffle Select 2017 Talent Hunt scheduled to hold between June 19 and June 22 at the Agege Stadium, Lagos. Others are UK-based scouting agency ISTVAN and a former player and agent, Ibrahim Odeyinka who is also the organiser. The four-day event, organised by Thotsplay Concepts in conjunction with Brooke House College, England will hold from 7am on each day. Odeyinka explained that the programme is aimed at selecting players who ages range from 14 to 17 years to study in the United Kingdom. The selected players would also play football as well as be exposed to standard facility, “The most outstanding player during the selection will be awarded 100 per cent two-year A-level scholarship and access to playing football in the UK while the other five players would be on 50 per cent scholarship,” the organiser said. The Brooke House College, which was introduced in 2008, had garnered over 60 players, aged 13 to 19 from all ethnic backgrounds, 12 of who have since progressed to playing professional football. The Academy, which also has U-14, U-16, U-18 and U-19 teams, plays in the Central Conference League, Junior Premier League

and cup competitions, in addition to ISFA, ESFA camp and County cups. “Participants will be exposed to various training and competitive games under UEFA licensed coaches who would help them to harness their football skills for onward playing deals in clubs like Manchester United, Manchester United, Arsenal and others,” Odeyinka further said. The academy has graduated players who include Nigeria’s Chigozie Mbah to the professional cadre and have gone on to ply their trade in clubs and national teams around the world. The organiser said players must possess O’level or secondary school transcript to be eligible to participate in the exercise.

Huddersfield Town Promoted to Premier League Huddersfield Town has won promotion to the English Premier League with a 4-3 victory on penalties over Reading in the Championship play-off final at Wembley Monday afternoon. Huddersfield finished the Championship season in the fifth position with 81 points before going into the play-off. Town will now join Newcastle United and Brighton as the teams to play in the topflight Premier League next season. Christopher Schindler struck the

winning spot-kick, after Danny Ward had saved from Reading’s Jordan Obita. The Terriers’ Izzy Brown missed the best chance in normal time, placing wide from two yards at the far post. Town will return to the top flight for the first time since 1972, but Reading who finished third on 85 points in the regular season now faces a fifth straight year outside the Premiership. What perhaps makes

Huddersfield’s play-off final win even more incredible is that they scored just once in their three play-off games. Their season has been marked by their ability to find a way to win games, with 22 of their 25 league victories coming by a single-goal margin. Despite so many victories, they ended the regular season with a negative goal difference. They scored 56 times and conceded 58 goals. Promotion to the Premier League

vindicates David Wagner’s decision to turn down both Aston Villa and German side Wolfsburg before Christmas. Whether they can now buck the trend which has seen the last three Championship play-off final winners relegated straight back to the second tier remains to be seen but their new standing should make a compelling case for the 45-year-old to remain at the John Smith’s Stadium this summer at least.

Valverde Replaces Enrique at Barcelona Barcelona has appointed Ernesto Valverde as its head coach on a two-year deal, with an option for a third. Former Barca forward Valverde announced last week that he was leaving Athletic Bilbao after four years in charge.

He replaces Luis Enrique, who revealed in March that he would leave the club - who finished second in La Liga at the end of his three-year contract. Enrique led Barcelona to the treble in his first season, the

domestic double in 2016 and the Copa del Rey this year. They Catalonian club defeated Alaves 3-1 in Sunday’s final - his last match in charge. Barca President Josep Maria Bartomeu praised 53-year-old

Valverde’s “ability, judgement, knowledge and experience”, adding: “He promotes young players and he plays the Barca way.” Valverde’s presentation as Barca’s new coach will take place on Thursday.

Makris, Ezeh Win Inaugural SMT Work and Play Tournament British-born Peter Makris and Uche Eze have emerged winners of the inaugural Work and Play event that featured amateur car racing and golf tournament at Shagamu over the weekend. While Makrsi emerged tops in the Auto Rally event; Eze, branding zero handicap picked the golf prize in his category. Managing Director of SMT Volvo, Ade Ojuoko, said that the event achieved its purpose in bringing together sportsmen from different corporate background

together for the purpose of recreation, fun and networking. According to him, “We had that in large dose over the weekend, but equally important aspect of the game for us in SMT Volvo is social investment in the local community that had played host to our businesses. The event was also an opportunity to engage the community and fete them,” he said. Ojuoko said that the later reason informed the inclusion of local bikers in a bike race during the

auto rally while school kids were treated to Children’s Day party during the event. In the Auto Rally, Makris’ Toyota Prado clocked 6 minutes 47 seconds to beat Adrian Egonu’s Nissan Exterra by three seconds to the runner up place while Kingsley Uwatse crossed the finish line in 7 minutes 0.9 seconds for the third place. The Auto rally was held on an 800meters track and featured different classes of vehicles including saloons.

Uche Eze meanwhile, returned 71 gross to clinch the best gross prize at the one day golf tournament that concluded the two-day event on Sunday May 28. He defeated Abiodun Oyewoga, a three handicapper with two strokes. Ayo Onabolu, picked the best net trophy at the event, shooting 68 nett, while Deji Esan finished two shots adrift of Ayo to pick the second place trophy. Thirteen handicapper, Latifat Mohammed was the star lady at

the event, returning a brilliant 84 gross to outclass ladies in her category. Hassan Abiodun ‘s 74 nett was also enough to win the net prize for ladies where Hannah Obadina had to settle for the runner-up spot with four shots behind. Captain of the Club, Lanre Opakunle, said that SMT Volvo has set a new record in event sponsorship at the club stressing that the club and members are anxiously looking forward to a follow-up edition.

T H I S D AY TUESDAY MAY 30, 2017

Tuesday May 30, 2017

UT H

& RE A S O

Price: N250

MISSILE Akpabio to APC

‘’If it is not Panadol, it can’t be the same as Panadol. I believed that if it were PDP--between 2015 and 2017, we would have made more significant progress. A lot of plans have been outlined but, not much has actually been seen in terms of progress and delivering of campaign promises; most of the campaign promises have actually not been met.” Senate Minority Leader, Godswill Akpabio knocking the All Progressive Congress (APC) for its dismal performance two years into the Buhari’s regime.

TUESDAY WITH REUBENABATI abati1990@gmail.com

Democracy, Biafra and a Sense of History

t is sad that many Nigerians today talk glibly about the possibility of a coup or of military intervention in politics. They make it seem as if this democracy is something we can exchange for something else. We need to be reminded, as we celebrate democracy day 2017, how we got to this very moment, and how precious democracy is to us as a sovereign people. From 1966 to 1999 (with the short break of civilian rule from 1979 – 1983) the military dominated the political landscape in Nigeria. It was eighteen years ago yesterday when our country returned to civilian rule. The military practically overstayed their welcome. The first military coup in Nigeria was in January 1966, followed by the counter-coup of July 1966, and then the civil war of 1967-70 which turned Nigeria into a military theatre more or less as the Federal forces engaged the Biafran secessionists in a fratricidal war that resulted in the loss of more than a million lives, starvation and the tearing apart of the Nigerian fabric. The military would remain in charge of Nigeria and its affairs for more than 30 years in total, and it is worth remembering that virtually every successful coup was welcome by the people. It was thought particularly in the 70s that the military had a role to play in many developing countries in Africa to ensure stability and national discipline. The civilians who took over from the colonialists in Nigeria and Ghana, to cite two close examples, proved worse than their predecessors, and hence the usual argument for military intervention was corruption, and the need to keep the country together, and check the excesses of the civilian rulers. Military rule was perhaps closer to what the people had known traditionally and also under the colonialists. Kings or feudalists who did not tolerate any form of opposition, or free expression governed the traditional communities and likewise, the colonial masters were dictators. The military continued in that tradition. In-fighting among the emergent military elite and the competition for power eroded discipline, and resulted over the years in more coups. To be fair, military intervention in Nigerian politics yielded some positive dividends, and created a leadership cadre, and indeed till date, the influence of the military in Nigerian politics, as seen in the transmutation of many military officers into professional politicians, remains a strong factor in the making and unmaking of Nigeria. But by 1990, with the global wave of democratization, glasnost and perestroika, the collapse of the Berlin wall, and the greater emphasis on human rights, and the rise of civil society, the Nigerian public began to subject the military to greater scrutiny than was hitherto the case. After a fashion, every military government presented itself as a corrective regime, with the promise to hand over power in a short while to civilians. By 1986, the Babangida administration after a year in office had launched a political transition programme, beginning with the establishment of a 17-man Political Bureau. In 1989, the ban on political activities was lifted. The military junta would later ban these existing political parties and create its own parties, the Social Democratic Party and

President Muhammadu Buhari the National Republican Convention. This seemingly endless transition programme and increased civil society activism merely drew more attention to the military and its record in the public sphere. The people began to demand an inevitable return to civilian rule. They complained about the human rights abuses of the military, the apparent domination of power by the Northern elite, the marginalization of other groups in Nigeria, and the spread of injustice and inequities. When a Presidential election was held on June 12, 1993, and the SDP candidate, Chief MKO Abiola won the election- an election that was adjudged to be free and fair, Nigerians felt that the hour of their liberation from military rule had come. But the Babangida administration refused to announce the final results and subsequently, it annulled the election. It was a disastrous moment for the Nigerian military and the administration. It also marked the beginning of a national crisis that dragged on for six years. The Nigerian people were inconsolable. In the course of the crisis, General Ibrahim Babangida had to “step aside”, handing over power to an Interim national Government (ING), which was soon shoved aside by General Abacha. Between 1993 and 1999, Nigeria had three different leaders: Chief Ernest Shonekan, General Sani Abacha and General Abdusalami Abubakar. The ensuing struggle for democracy was long and momentous. Progressive Nigerians and the civil society turned against the military. The South West declared that it had been robbed. MKO Abiola fought for his mandate. The international community ostracized the Abacha government. Nigeria became a pariah nation. The media was in the forefront of the struggle, and many journalists were jailed, hounded into exile, publishing houses were set ablaze. Anyone who criticized the soldiers was framed for one offence or the other and thrown behind bars. The progressive forces insisted that the military must go. “Never Again”, the people chorused. There had been no other moment like that in contemporary Nigeria. The martyrs of that people’s revolution were the ones that

died, including Chief MKO Abiola who died in Abacha’s detention camp, the many innocent persons who were shot by the military, and every one who suffered one major loss or the other. The heroes were the valiant men and women who stood up for democracy and justice and opposed military tyranny. The villains were the soldiers who trampled upon the people’s rights, and their opportunistic agents in civil society. On May 29, 1999, Nigeria returned to civilian rule. It was the day of our country’s second liberation, liberation from the “years that the locusts ate.” In the month of June, there would be another historic date for Nigerians, that is June 12, a definite milestone in Nigerian democracy even if the Federal Government has been largely in denial since 1999. MKO Abiola deserves to be honoured post-humously not just selectively by states in the South-West but by the Nigerian Government as a kind of restitution, and by this, I mean a formal declaration, for record purposes, that he was indeed the winner of that June 12, 1993 election. This brief excursion to the recent past is important because it is so easy to forget. I have met young Nigerians who have never heard of Chief MKO Abiola. In a country where history is no longer taught in schools, that should not be surprising. The Nigerians who were born in 1993 are today out of university, and many of them may never have experienced military rule. They were still children when their parents fought for this democracy. Whoever makes the mistake of even remotely suggesting any form of return to military rule is an enemy of the Nigerian people. Such persons would be taking this country back to 18 years ago and beyond. Whatever may be the shortcomings of our democracy, this system of government has served the Nigerian people well. We may worry about the form or the shape, or the character of our democracy, the opportunism and imperfections of the professional political class, or the weakness of certain institutions but all told, this is a much better country. The best place for the military is to function under a constitutional order and to discharge its duties as the protector of national sovereignty. Any soldier who is interested in politics should resign his commission, and join a political party, politics being an open field for all categories of persons, including ex-convicts, prostitutes and armed robbers. I find the auto-suggestion of military intervention gross and odious. It is regrettable that those whose duty should never in any shape include scare-mongering were the ones who started that nonsensical discussion in the first place. For the benefit of those who do not know or who may have forgotten, we once lived in a certain country called Nigeria, ruled by the military, where the rights of citizens meant nothing. The soldiers were our rulers. They were above the laws of the land. The people were their subordinates. They called us “bloody civilians.” The media was not free. Your insistence on free speech could land you in jail. Under the guise of enforcing discipline, the military treated the people as if

they were slaves. Everything was done “with immediate effect!”, including the suspension of human rights. Today, democracy has given the Nigerian people, voice. There is a greater consciousness of the power of the people, as well as the need to hold persons in power accountable. The electoral process is still imperfect, but the people are now supremely confident of their right to choose. But not all our problems have been solved. For example, exactly 50 years ago today, the late Emeka Odumegwu-Ojukwu, hero of the Biafran Revolution, led the people of the Bight of Biafra on a secession move out of Nigeria. He said: “…you, the people of Eastern Nigeria, Conscious of the Supreme Authority of Almighty God over all mankind, of your duty to yourselves and prosperity; Aware that you can no longer be protected in your lives and in your property by any Government based outside Eastern Nigeria/ Believing that you are born free and have certain inalienable rights which can best be protected by yourselves. Unwilling to be unfree partners in any association of a political or economic nature… Now, therefore, I, Lieutenant-Colonel Chukwuemeka Odumegwu-Ojukwu, by virtue of the authority and pursuant to the principles recited above, do hereby solemnly proclaim that the territory and region known as and called Eastern Nigeria together with her Continental Shelf and territorial waters shall henceforth be an independent sovereign state of the name and title of The Republic of Biafra…” In other words, the people of Eastern Nigeria no longer felt free or protected or respected inside Nigeria. They opted out. In the Ahiara Declaration of 1969, Ojukwu summed it all up as follows: “When the Nigerians violated our basic human rights and liberties, we decided reluctantly but bravely to found our own state, to exercise our inalienable right to self-determination as our only remaining hope for survival as a people.” The civil war ended on January 12, 1970 but 50 years since the declaration of secession by the people of Eastern Nigeria, Igbos are still protesting about their relationship with the rest of Nigeria. But significantly, they are not the only ones complaining. Farmers are complaining about pastoralists, indigenes about settlers, Christians about Muslims and vice versa, women about men, men about women, youths about the older generation, the people of Southern Kaduna are unhappy, other Northern minorities too, the people of the Niger Delta have been unhappy since the Willink Commission of 1957/58, the other over 400 ethnic nationalities that are not recognized in Section 55 of the 1999 Constitution are also wondering whether they are truly part of this union…Basic human rights and liberties are still being violated. Nigeria remains a yet unanswered question. Democratic rule may have opened up the space, but our country still suffers from a kind of hang-over. The people are free, but they are today everywhere in chains: politically, economically and ethnically. This is the sad part of our democracy, but the best part are the many lessons that the people are learning about the meaning, the nature and the cost of the choices that they make or that they have made.

Printed and Published in Lagos by THISDAY Newspapers Limited. Lagos: 35 Creek Road, Apapa, Lagos. Abuja: Plot 1, Sector Centre B, Jabi Business District, Solomon Lar Way, Jabi North East, Abuja . All Correspondence to POBox 54749, Ikoyi, Lagos. EMAIL: editor@thisdaylive.com, info@thisdaylive.com. TELEPHONE Lagos: 0802 2924721-2, 08022924485. Abuja: Tel: 08155555292, 08155555929 24/7 ADVERTISING HOT LINES: 0811 181 3086, 0811 181 3087, 0811 181 3088, 0811 181 3089, 0811 181 3090. ENQUIRIES & BOOKING: adsbooking@thisdaylive.com