SEC: We Didn’t Invite EFCC into MTN Nigeria's Listing Probe Allays fears of investors Obinna Chima and Goddy Egene The Securities and Exchange Commission (SEC) yesterday said it did not invite the
Economic and Financial Crimes Commission (EFCC) into its ongoing investigation of the process that led to the listing of MTN Nigeria Communications Plc’s shares on the Nigerian
Telco's share price falls further
Stock Exchange (NSE). A top official of the Commission, who did not want to be named, disclosed this in a telephone chat with THISDAY, yesterday,
insisting that SEC has the capacity and wherewithal to fully investigate the matter, adding that the issue must be handled with caution and due process in view of the
global implications for local shareholders and foreign investors. "Nigerian Stock Exchange is a global market so we must follow global best practices in
all we do so as not to scare investors,� the regulator said. The SEC official said they had to speak out based on Continued on page 8
Northern Govs Ask Buhari for More Decisive Action on Insecurity... Page 8 Tuesday 28 May, 2019 Vol 24. No 8814. Price: N250
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S’Court Imposed Strangers on Zamfara, Says Oshiomhole INEC pledges stricter implementation of electoral law Onyebuchi Ezigbo and Adedayo Akinwale in Abuja National Chairman of the All
Progressives Congress (APC), Mr. Adams Oshiomhole, yesterday faulted the judgment of the Supreme Court that
ceded all elective positions in Zamfara State, earlier won by his party, to the opposition Peoples Democratic Party
(PDP). He described the judgment, in which the apex court nullified the victory of APC
candidates in the state in the last general election, as tantamount to handing over the state to strangers.
Oshiomhole lamented the judgment on the day the Continued on page 6
1966 Coup, Counter-coup: I Was All in It, Says Buhari Yet to discuss future of ministers with anyone Rates N’Assembly, police low Shola Oyeyipo in Abuja President Muhammadu Buhari yesterday went down memory lane, reviewing his career in the military and said it was hellish even as he recounted that he lived through the momentous events, particularly in 1966, which witnessed coups, counter-coups and later a civil war. The president spoke during a pre-recorded interview aired by the Nigerian Television Authority (NTA) last night and commented on various issues of national interest, including his second term priorities, shape of his next cabinet, the nation’s worsening insecurity and relationship between the executive and legislative arms
of government among others. Buhari, who in his assessment of institutions of government rated the National Assembly and the Police low in performance, said he expected a higher level of efficiency from military service chiefs, refraining from blaming them for the escalating insecurity situation in the country. Responding to a question: ‘Who is Buhari?’ from the show anchor, the president said: “I think I went through hell throughout my career in the military. I was a lieutenant in Lagos during the first coup, January 15, 1966. If you bother about Nigerian history, you Continued on page 8
President Signs Budget, Analysts LEADING BY EXAMPLE‌ Code of Conduct Bureau, Prof. Muhammad Isa (left), and President Muhammadu Buhari, during the presentation Call for Efficient Execution... Page 6 Chairman, of asset declaration forms to the president at the Presidential Villa, Abuja... yesterday godwin omoigui
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President Signs Budget, Analysts Call for EfďŹ cient Execution N’Assembly’s adjustments will hamper execution, Buhari warns Dogara: Executive, legislative divergence normal Obinna Chima in Lagos and Omololu Ogunmade in Abuja Following the signing of the 2019 budget into law yesterday by President Muhammadu Buhari, analysts have advised him to ensure proper implementation to stimulate economic activities. However, the president has warned that the adjustments made to the budget by the National Assembly would make its implementation difficult, particularly in accordance with the provisions of the Economic Recovery and Growth Plan (ERGP). While signing the 2019 Appropriation Bill into law, the president promised to push for a review of the document by the next National Assembly. The president who signed the budget in his office in the State House Abuja, said the budget of N8.92 trillion passed by the National Assembly was N90 billion higher than the N8.83 trillion proposal he presented to the parliament on December 19, 2018. According to him, National Assembly members reduced some of the proposals he made in the budget and simultaneously increased others, including introducing fresh allocations into the budget. The president said the adjustments by the National Assembly would make implementation of the budget difficult, particularly in accordance with the provisions of the ERGP. However, he said even though he had opted to sign the budget, he would yet engage the leadership of the Ninth National Assembly to review the document when it resumes in June.
However, the president thanked the members of the National Assembly for their efforts in getting the document passed, recalling that the 2019 budget was christened budget of continuity, with a view to moving the country forward and fostering the policy of inclusiveness, diversified and sustainable growth. He said he would ensure the improvement of the budget process with a view to speeding up budget consideration and consequently return the country to the January to December budget cycle. He said: "You will all recall that in December 2018, I presented our 2019 budget proposal with the theme 'Budget of Continuity.' Our goal was to use this budget to move the economy further on the path of inclusive, diversified and sustainable growth. "Back then, I proposed a total expenditure of N8.83 trillion to the National Assembly for appropriation targeting strategic and impactful projects and initiatives. “However, the 2019 Budget I will be signing into law today provides for aggregate expenditures of N8.92 trillion. This is an increase of N90.33 billion over our submission. "This increase reflects changes introduced by the National Assembly. In some areas, expenses we proposed were reduced; while in other areas they were increased. There were also certain areas where new additions were introduced into the budget. More details of the approved budget will be provided by the Honourable Minister of Budget and National Planning. "Of course, some of these changes will adversely impact
our programmes making it difficult for us to achieve the objectives of the Economic Recovery and Growth Plan (ERGP). "Although I will be signing this bill, it is my intention to continue to engage the National Assembly to ensure we deliver on our promises. I will therefore be engaging with the leadership of the Ninth National Assembly, as soon as they emerge, to address some of our concerns with this Budget. "We will also look at how to improve the budget process so that, amongst other things, we can speed up budget consideration processes and return the country to the January to December fiscal year timetable."
Dogara Reacts to Buhari’s Complaint Reacting to the president's complaint on the handling of the budget by the National Assembly, Speaker of the House of Representatives, Hon. Yakubu Dogara, said there was nowhere in the world where the executive and legislature agree on the budget. Dogara responded as Senate President Bukola Saraki, who ought to have done so as the leader of the National Assembly, arrived late at the signing ceremony from another engagement. According to him, it is the responsibility of the executive to make budget proposals while on the other hand, it is the responsibility of the legislature to appropriate in accordance with priorities as representatives of the people. He said instead of resorting
to name calling, it would be more important to reach a consensus aimed at promoting progress. "Well, I have told you that the job of the National Assembly is not to agree with the executive, I don’t think any congress in the world does that. "By the constitution and design, the executive informs us what they intend to do and the representatives of the people in the National Assembly decides what is priority since they represent the people. "It is going to be a knotty area but we will continue to define the relationship between the executive and the legislature. Whether it is Britain or US, wherever it is, there is always a strain on this issue of budget because it deals with high stakes distributional issues as to who get what, which part of Nigeria gets this and that, so it will continually be an issue. "We should not be defined by those issues rather we should define those issues by forming consensus that is the part to progress and we will continue to do that," Dogara said. Earlier, Minister of Budget and National Planning, Senator Udo Udoma, had described the document as a collective endeavour between the executive and the National Assembly. The 2019 budget is made up of N4.65 trillion recurrent expenditure, N2.94 trillion capital expenditure, N2.25 trillion for debt servicing and N502.58 billion statutory transfer. Among those who witnessed the signing of the budget were Vice-President Yemi
Osinbajo; Dogara; Deputy Senate President, Senator Ike Ekweremadu; Senate Chief Whip, Prof. Sola Adeyeye; Deputy Senate Leader, Senator Bala Ibn Na'Allah; Chairman of the Senate Appropriation Committee, Senator Danjuma Goje and Chairman, Senate Committee on Finance, Senator John Owan Enoh.
Analysts Seek Implementation to Stimulate Economic Activities Shortly after the president signed the budget into law, analysts, in separate interviews with THISDAY, urged him to speedily implement the budget by not delaying the appointment of members of the Federal Executive Council who will oversee the implementation. They said this was necessary to address the rising incidence of poverty and unemployment in the country. The Managing Director of Kairos Capital, Sam Chidoka, said there was need for the government to pursue expansionary economic policies to reflate the economy. “As the budget has been passed, they need to make sure that the capital component of the budget is released as and when due, so that it can stimulate growth in the economy. “The budget has a benchmark of three per cent growth; in the first quarter we did only two per cent and that means that for every other quarter we must be growing at over three per cent to meet that. “But to achieve that, we really need to expand the economy and we need to allow
the private sector through policies to begin to fit into the system. So, you can’t be saying verbally you want to reflate the economy and by policies you are actually contracting the economy, it can’t work,� he said. Also, the Chief Economist of the Securities and Exchange Commission (SEC), Prof. Uche Uwaleke, urged the president who will be inaugurated for another term of four years tomorrow, to hit the ground running by implementing the budget. He said: “One of the ways is to ensure that his cabinet is quickly constituted. That is because if there is a delay in putting together the cabinet, that would affect the implementation of the budget. “But I am happy that the disposition of the president today is not to delay in appointing his cabinet members. “I believe he wants to leave a legacy and I am sure he has identified capable hands to help him do that. One of the good things he has done in my view, in recent time, was the reappointment of the Central Bank of Nigeria Governor. “That is expected to ensure continuity in monetary policies.� He stressed the need to focus more on the capital component of the budget, just as he advised the federal government to be conscious of the country’s debt burden in its attempt to finance the budget. “So, we should be careful when we are borrowing, by ensuring that whatever we borrow is tied to infrastructure and capital projects,� he added.
S’COURT IMPOSED STRANGERS ON ZAMFARA, SAYS OSHIOMHOLE Independent National Electoral Commission (INEC) handed over certificates of return to all PDP candidates in the state, including the governor-elect, Alhaji Bello Matawalle. At the occasion, INEC said there were 809 pre-election cases pending in various courts nationwide, challenging the conduct of primaries by political parties for the 2019 general election, while the court has compelled the commission to withdraw 64 certificates of return. Oshiomhole, who broke the party's silence on last week's Supreme Court judgment against his party, said APC did not get justice in the case. He said the worse APC had expected was for the apex court to order for a repeat of the elections. He told journalists, who had accosted him after a meeting of the APC National Working Committee in Abuja, that the only option left for the party was to approach the court of God for judgment. When asked for his reaction to the judgment, Oshiomhole said: "How can you ask me how I feel if the people of Zamfara voted in the manner that they did and the court says that those votes were wasted? Meanwhile, at the time those votes were cast, a High Court had ruled that
those candidates were validly nominated. "Supreme Court had declared as waste all the votes for APC in the election of governor, Senate, House of Representatives and State House of Assembly in favour of the opposition PDP. "There is something that I learnt from Lord Denning, a famous British Supreme Court Justice, that the law has to be interpreted taken into account the intention of the lawmakers, and try to deliver justice in its purest form." He added that as far as the party was concerned, there was no justice. Oshiomhole added: "So, there is no justice when on the ground of technicalities, you imposed on the people of Zamfara State not just a man or a woman but a whole party’s candidates from governor to Senate and others that they didn't elect. "If the court thought we were wrong, then justice would have demanded that we repeat; but you cannot use technicalities because we are in a democracy. There is nothing democratic when court-imposed strangers to govern a people; but we understand that after the Supreme Court we can only go to the court of God. To that extent, we must obey
the court. But what we got in Zamfara is a judgment that didn't translate to justice." When pressed further on whether the party will sanction APC members in Zamfara, who took the party to court, that led to the Supreme Court nullifying all the elections of the party’s candidates, Oshiomhole, declined a comment. In its judgment, the Supreme Court had held that the APC should not have participated in the election because it did not hold valid primaries to pick its candidates. Justice Paul Adamu Galinji, who read the lead judgment, last Friday declared all votes cast for the APC as “wasted votes� and ordered that all parties with the second highest votes in the elections and the required spread, should be recognised as the duly elected candidates. In line with the Supreme Court order, INEC, last Saturday, declared all PDP candidates in Zamfara State as winners of the governorship, National Assembly and House of Assembly elections.
INEC Pledges Stricter Implementation of Electoral Law Meanwhile, INEC yesterday warned that it would no
longer accept the submission of names of candidates by political parties under Section 31 of the Electoral Act 2010 (as amended) unless there is evidence its officials monitored the primaries conducted by the various political parties, in compliance with the provision of Section 87 of the Act. The Chairman of INEC, Professor Mahmood Yakubu, said the commission took the decision to forestall the recurrence of the present situation in which it had been forced to withdraw 64 certificates of return earlier issued to winners whose the court had nullified their candidacy. Besides, the commission is awaiting the determination of 809 pre-election cases pending in various courts across the country, and whose judgments could affect its activities. Yakubu spoke in Abuja during the presentation of certificates of return to governor-elect, deputy governor-elect, senators-elect and members-elect of the House of Representatives from Zamfara State. He said the presentation of certificates of return to winners of any election conducted by INEC was a statutory responsibility required of the commission under Section 75 of the Electoral Act 2010 (as
amended). In compliance with the judgment of the Supreme Court, Yakubu presented 12 certificates of return to the governor-elect, deputy governor-elect, three senators-elect and seven members-elect of the House of Representatives. He added that on Friday, 24 certificates of return would be presented in Gusau, Zamfara State capital, to winners of the state Assembly election. The chairman reiterated the importance of conducting proper primaries before elections to reduce the spate of litigations associated with them. Yakubu stated, “At the moment, there are 809 pre-election cases pending in various courts across the country challenging the conduct of primaries by political parties for the 2019 general elections. ‘’This is clearly more than the total number of petitions currently before the various election petition tribunals nationwide challenging the outcome of the main elections. “In our last update, the commission reported that 25 certificates of return had been withdrawn and issued to persons declared winners by courts of law. Since then, three more certificates have been
withdrawn by court order. With the Zamfara case, the figure has now risen to 64. “In addition, the commission is studying nine more judgments we were served in the last one week in which primary elections conducted Continued on page 8
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NGN NGN 0.05 0.55 7.00 77.00 0.02 0.24 0.28 3.82 0.02 0.28 NGN 0.04 0.36 0.25 2.25 0.24 2.32 GOLDINSURE 0.02 0.21 JAIZ BANK 0.04 0.46 HPE Nestle Nig Plc â‚Ś1,580.00 Volume: 214.684 million shares Value: N2.784 billion Deals: 3,856 As at yesterday 27/5/19 See details on Page 31
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Northern Govs Ask Buhari for More Decisive Action on Insecurity President promises not to let Nigerians down Omololu Ogunmade in Abuja Nineteen governors from the northern part of the country yesterday met with President Muhammadu Buhari in Abuja and appealed to him to take more decisive and swifter action on the violence ravaging the region. The region has come under massive pillage by Boko Haram insurgents in the North-east, armed bandits and kidnappers in the North-west, and killer herdsmen in the North-central. Faced with prospects of economic and social degradation due to the virtually unchecked violence of these non-state actors, the governors demanded and got audience with the president, asking him to save the region from the devastation of the criminals. At the end of the meeting yesterday, Governor Aminu Masari of Katsina State told State House Correspondents that Buhari listened attentively to
them and pledged to take more concrete actions to end the reign of the hoodlums who had made life uncomfortable for the citizens of the region. He said the president assured them that serious steps would be taken to restore public confidence in the ability and capacity of the government to execute its constitutional responsibility of securing lives and property of the citizens. Masari said the governors briefed the president on the escalating security concerns in the region and called on him to stop the banditry, kidnappings and cattle rustling that had combined to foist a security siege on the northern part of the county. According to him, the decision to meet the president over security crisis confronting the north was taken at a meeting of northern governors 10 days ago in Kaduna. He said whereas insecurity used to be prevalent in the North-
east because of the activities of Boko Haram, the trend has changed in recent times with escalating cases of banditry and cattle rustling in the North-west and North-central. He added that the governors resolved to meet the president to express their concerns and to find a way of restoring public order. He said they told the president on the need to act on the matter quickly and decisively to forestall the situation getting out of hand. The president, on the other hand, assured them that something drastic would be done to bring the menace under control. Masari said: "The issue that brought us to the president is about the rising insecurity in the North-west, North-central and North-east. North-east is known for Boko Haram insurgency but of recent, what was known to be cattle rustling in North-west and some parts of North-central has turned out to be something
different from what we had before. "So, this concern made us to come and brief the president so that urgent action would be taken in order to curb this deadly menace of banditry, which is gradually graduating into insurgency. You know the North-west with a vast forest area going to North-central and then even going out of Nigeria. "So, we need to act quickly and decisively so that it doesn’t turn into something else like what we had in the North-east.� Asked on the development on the kidnap of Magajin Gari Daura 26 days ago in front of his house, in Daura, Katsina State, Masari said: “I think the police are working seriously and they have made some progress but for obvious reasons, they cannot disclose all what they have done for security reasons but work is going on.� Present at the meeting aside Masari were Alhaji Aminu
Tambuwal (Sokoto), Senator Atiku Bagudu (Kebbi), Malam Nasir el-Rufai (Kaduna), Alhaji Abdulaziz Yari (Zamfara), Mr. Simon Lalong (Plateau), Alhaji Sani Bello (Niger), Alhaji Yahaya Bello (Kogi), Alhaji Abubakar Badaru (Jigawa) and Alhaji Kashim Shettima (Borno).
Later yesterday, Senior Special Assistant to the President on Media and Publicity, Malam Garba Shehu, in a statement, quoted the president as saying that he will not let the nation down on security. He quoted the president: "The security of the country is on my mind 24 hours of the day. I get daily and weekly situation reports. "I have listened to your brief. I will look into your recommendations. I am acutely aware of the situation, but I have
learnt more today. He said the president bemoaned the ravaging effect of unchecked corruption in the past on the country’s armed forces, saying “the terrible effects of mismanagement were prevalent, and these are the consequences.� “If you follow the efforts we are making within the system, you will see that we have curbed much of the corruption that is there. See the recoveries that we have made – money, landed property. We are not going as fast as we want under the system, but we will keep trying to improve it,� the president added. Buhari said he would increase the frequency of his meetings with security chiefs and keep updating himself. Buhari also told the governors that normalcy had returned to the North-east, adding that the governors warned that banditry was posing a dangerous threat and needed to be tackled with equal swiftness.
failed to expose the criminals living among them. He also took a swipe at the police and traditional rulers, saying they ought to be at the forefront of the battle against criminal activities in various communities where they operate, but have failed. While promising to reverse the trend, he said the police were not given uniforms and guns to impress people but rather to distinguish them and empower them to fight criminals. He said: "I feel very bad indeed because there are failures of neighbourhood security in the sense that those who are perpetrating these atrocities against communities, state and the country, they come from somewhere in Nigeria. “Their neighbourhoods know them. And we have the traditional rulers, then of course, the police at the frontline, the police in every major town and city in this country. As I said, they were
not given the uniforms and the riffles to impress anybody but to secure the people. In this, I think the community leaderships and the police have failed this country." While alluding to his efficiency in his days as a military officer, Buhari said he was the only military personnel in his own time, who commanded three out of the four divisions at the time. According to him, something went wrong with the military particularly between 1999 and 2014, which he said affected the sense of efficiency and accountability of military personnel. He said: "You see, I was the only officer that commanded three out of the four divisions the first division was in Lagos; the second division in Ibadan, the third division in Jos “I am still expecting more but I am thinking of what happened between 1999 to 2014. I suspect that a lot of things went wrong, including
accountability and efficiency of the military and other law enforcement agencies." Buhari also spoke on his frustrations and concerns in the last four years, pointing out that though some progress had been made in the anti-graft war, he is frustrated by the slow pace of the fight. According to him, “In the process of going through the police, investigations and later prosecution, the process is slowed down and is frustrating. "My frustration is that we cannot move faster in the prosecution and punishing the real big graft. We made some progress. We recovered a number of assets – fixed assets and money in banks, including in Europe and America, but under this system, you can’t be too much in a hurry, even including using whistle blowers. "You have to go to the police to go through the rigmarole of full investigations before prosecution. That is my biggest frustration really."
requesting information and documentation related to the listing of our shares on the Nigerian Stock Exchange (NSE). MTN Nigeria has not been accused of any wrongdoing by the EFCC. “We wish to reiterate that we received all regulatory approvals required to list our shares on the Nigerian Stock Exchange, as publicly confirmed by the Nigerian Stock Exchange and the Securities and Exchange Commission (SEC). “As a law-abiding and responsible corporate citizen, we are cooperating fully with the authorities. We are committed to good governance
and to abiding by the extant laws of the Federal Republic of Nigeria.� The unprecedented rise in the shares of MTN shortly after listing was alleged to be a manipulation aimed at driving the price of the stock high before any share offering through an Initial Public Offering (IPO). THISDAY had reported that investors on the NSE and stakeholders waiting to purchase MTN shares through an initial public offering might do so at a very high premium whenever the telco decides to float the IPO. This was because of the free float accommodation and some other waivers MTN
Nigeria was granted by the capital market regulators to pave the way for its listing. Meanwhile, the shares of MTN Nigeria Communications Plc fell further yesterday as investors reduced demand following reports of the ongoing probe. The stock had appreciated by 65 per cent within one week after its listing from N90 to N149. However, it began to depreciate last Friday, falling to N140. But when trading resumed yesterday, MTN shares declined further by N10.00 or 7.14 per cent to N130.00 per share. Investors traded 10.217 million shares.
of names of candidates by political parties under Section 31 of the Electoral Act 2010 (as amended) unless there is evidence, monitored by the commission, of compliance with the provision of Section 87 of the Act. “Party members interested in contesting elections start as aspirants before they emerge as candidates through the
democratic process of direct or indirect primaries enshrined in Section 87 of the Electoral Act. “It is only after they comply with this requirement of the law can their names be submitted to INEC under Section 31. We shall continue to work with the political parties to ensure strict compliance,� Yakubu added.
Responding on behalf of the PDP candidates, Matawalle commended President Muhammadu Buhari for not interfering in the judicial process during the legal tussle despite his party, APC, losing to the PDP. He also commended INEC for ensuring equality, fairness and level playing ground for all political players in the state.
President Promises Not to Let Nigerians Down
1966 COUP, COUNTER-COUP: I WAS ALL IN IT, SAYS BUHARI read about coup and counter coup, civil war, coup, counter coup. I was all in it, including in detention for three and a quarter years. So, I am fully qualified, you know, [to be called] as a suffering Nigerian.� But he thanked Nigerians for showing him love, noting that after been rejected thrice in the presidential elections, they found him worthy of leadership in the fourth and fifth runs. Speaking on his impending second term, he appealed to Nigerians to trust him to make a good judgment on the choice of his next set of ministers. He said if no one has had any cause so far to accuse any of his first term ministers of corruption or any act of misdemeanour, Nigerians should then be confident that he would again make the best choice for his second term in office. Disclosing that he was yet to discuss any issue relating to the next choice of his ministers with anybody and would not start the discussion with the interviewer,
Buhari reiterated that Nigerians should trust him to decide on who among the ministers he will retain and those he will bid the final goodbye. "I have said goodbye to them for the fours years. I haven't discussed it with anybody. You won't be the first person I will discuss it with. And anybody who hasn't got any evidence against any minister should trust me - which of the minister I will retain; which one I will say goodbye and very sincerely to. I won't go beyond that because I haven't discussed it with anybody yet," he said. Buhari also lamented the strained relationship he had with the National Assembly, saying he confronted Senate President Bukola Saraki and Speaker of the House of Representatives, Hon. Yakubu Dogara, on their decisions to delay budget passage for seven months. The president who said he rated the two leaders low on the issue of patriotism, said
he told them that their action was harmful to the economy but his hands were tied by the constitution which orders him to pass through them. He said: "I spoke personally to the Senate President Bukola Saraki and the leader of the House, Dogara. They could not deny it. I told them how do they feel to hold the country to ransom for seven months without passing a budget? I said for seven months they were hurting the country. So really, in terms of patriotism, I think I rated them very low indeed. "Going by the provisions of the constitution, there are things that must pass through the National Assembly but to hold a budget for seven months cannot be justified.� Asked how he felt on the rampant cases of kidnap and other forms of insecurity threatening the country, Buhari said he felt very bad, blaming the menace on people in the neighbourhood whom he said
SEC: WE DIDN’T INVITE EFCC INTO MTN NIGERIA'S LISTING PROBE media reports that the EFCC was involved in the matter and the negative implication such might have on the market, added: “We (SEC) are investigating the matter thoroughly. We are going through all the transactions, each and every crossing, and would base our findings on the facts and the law. “If there is any infraction(s), the matter would be directed to the Investment and Securities Tribunal (IST) which is a superior court under the jurisdiction of the Supreme Court of Nigeria: we will prosecute whoever is found wanting or apply the necessary sanction if such a case is
established by the facts." “So, this is not a law enforcement or police issue , that is why we never invited the EFCC. The IST is like a court of coordinate jurisdiction and so we couldn’t have invited the EFCC. SEC has the competence and capability to handle this under the law. “So, we are allaying the fears of global investors that there is no cause for alarm. Everyone should calm down and allow the market function as it should." THISDAY had reported that SEC had launched a probe into the process that led to the listing of MTN Nigeria on the NSE, even though
the exchange had defended the telco. But the EFCC at the weekend moved into MTN’s office and quizzed top officials of the telecoms company after demanding vital documents, regarding the listing process on the exchange. But in a statement signed by its company Secretary, Uto Ukpanah, MTN had said it was never accused of any wrongdoing by the EFCC. According to the statement, “MTN Nigeria Communications Plc (MTN Nigeria) received a letter on May 23, 2019 from the Economic and Financial Crimes Commission (EFCC)
S’COURT IMPOSED STRANGERS ON ZAMFARA, SAYS OSHIOMHOLE by different political parties were upturned by the courts.� According to him, the Zamfara case is not the first pre-election case determined by the Supreme Court arising from the recent party primaries, stressing that the apex court had earlier determined the case of Lere Federal Constituency in Kaduna State, which the
commission had already complied with and issued the certificate of return to the winner. said it was therefore important to continue to emphasise to the political parties that their obligation to conduct credible primaries for the nomination of candidates, adding that the country’s democracy in particular and
electoral process in general can never be virile unless political parties rise to the challenge of internal party democracy. “It is in this context that the latest judgments of the Supreme Court are crucial steps in strengthening our electoral jurisprudence. “Going forward, we will not accept the submission
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Group News Editor Ejiofor Alike Email Ejiofor.Alike@thisdaylive.com, 08066066268
Jos Violence Claims 13 Lives, 27 Houses Seriki Adinoyi in Jos No fewer than 13 people were killed in the violence that erupted in Jos on Sunday afternoon, a community leader in the area, Mr. Richard Bapi, has said. He said six corpses had been deposited at the Jos University Teaching Hospital (JUTH) while others were immediately buried by their relatives. Bapi gave the number of houses destroyed in the violence as 27. A source close to the hospital management also confirmed
to THISDAY that at least six corpses were deposited at the JUTH mortuary while some of those who sustained gunshot injuries of various degrees were being treated. But the Plateau State Police Command put the casualty figure at five. Armed soldiers were seen yesterday arresting residents of Tina Junction, Dutse Uku and Bauchi Ring Road, all in Jos North Council. The indiscriminate arrest of innocent people triggered fresh tension as women in the area came out to protest.
Buhari: Nigerians Notorious for Cutting Corners
But it was gathered that soldiers went further to arrest the protesting women. The new corpses recovered yesterday included that of Mr. Daniel Haruna, a carpenter. Also killed in the crisis was Michael Chuwang, the youth leader of St. Michael Catholic Church in Nasarawa Gwong, while another unidentified corpse at Yan Trailer near the Fellowship Baptist Church was also found. A retired soldier, simply identified as Babayale, who was hit by a stray bullet in the presence of his wife and children, and was rushed to the hospital, died in the process.
His wife, on hearing it, collapsed and was also rushed to a hospital. Meanwhile, Police spokesman, DSP Mathias Terna Tyopev, in a statement said five people were killed and 12 houses burnt. He said: “On May 26, 2019 at about 11.30hours, the Plateau State Police Command received a report from one Sarki Arum of Tina Area of Jos North Local Government Area of Plateau State that one Enoch Monday of Tina was seen lying motionless at an area between Dutse Uku and Angwan Damisa in Jos North Local Government Area.
“The command immediately mobilised to the area and removed the body to Plateau Specialist Hospital where he was confirmed dead by the doctor on duty and corpse deposited at the mortuary of the same hospital. “Youths of the area started protesting when news of Enoch’s death filtered into the community. The Area Commander Jos Metro mobilised personnel of the divisions within his jurisdiction and moved with the Commanding Officer of 8 Police Mobile Force (8PMF) and the Divisional Police Officer of Nasarawa Gwong Divison under whose jurisdiction the crime was
committed to the scene of the crime. “As a result of the protest, five persons lost their lives and 12 houses were burnt down. With the efforts of the Area Commander Jos metro, the Commander of Operation Safe Haven, the Commanding Officer 8 PMF (Police Mobile Force) and the Divisional Police Officer (DPO), Nasarawa Gwom Division, the situation has been brought under control.” According to the statement, “The area is being patrolled. Residents of the area are enjoined to remain calm. Efforts are on to track and arrest those who were involved in the criminal protest.”
Receives assets declaration forms Says they will fight back when he leaves office Omololu Ogunmade in Abuja President Muhammadu Buhari yesterday in Abuja described Nigerians as a group of people that is notorious for cutting corners and unaccountable public life. The president made this remark while receiving asset declaration forms in the State House from the Code of Conduct Bureau (CCB) ahead of his inauguration tomorrow for a second term in office. He thanked the CCB team led by its Chairman, Prof. Mohammed Isa, for leading an institution which he said was at the vanguard of the fight against corruption in accordance with the principle of his administration to promote accountability. Buhari promised to fill the form quickly and submit it to the agency with the instruction that the bureau should keep his forms very well when returned, saying he knew that some people who believe that they should not be questioned but are being questioned would move against him after leaving office in 2023. While thanking the threemember team for accepting to serve in the agency, Buhari said CCB’s existence was vital because the country depends on its assistance in the fight against corruption as his government strives to showcase Nigeria to the world as an accountable country. “I am very pleased; I think I am meeting you for the first time since your appointment. I have never met you before. I thank you for accepting to be in this very important institution and I thank you very much for serving me my forms which I must fill constitutionally before my second term of office. “I think we cannot over emphasise the importance of your office because Nigerians are notorious for shortcut in service and public responsibilities and we are trying to impress our nation and the world that this administration is based on accountability. “It is only institutions like you that will bail us out from the efforts that we have been making to make sure that people in public office do not abuse that public office and that those who come in and those that are leaving in certain positions should make sure that they hold the integrity of the office and of the country
generally. “I am very pleased that you are here. I assure you, I will quickly fill this form and dispatch it back to you so that at the end of 2023, I believe there are a lot of people that will like to take it back on me. “So, please, make sure you keep it safely because there are people who believe they shouldn’t be questioned and some of them are already in trouble. I expect them to fight back and this is one of the instruments. So, I hope you will keep it when I finish. Thank you very much indeed.” Earlier, the chairman of the bureau, Isa, said they were in the State House to present the forms to both the president and Vice-President Yemi Osinbajo in accordance with the provision of the constitution that public officers should declare their assets at the beginning and end of their tenures. Isa who congratulated the president on his re-election, also thanked him for his appointment, assuring him that the bureau would do its work with every sense of honesty. “We first have to start by expressing our sincere gratitude to Mr. President for finding us worthy of being appointed to head this very important and sensitive agency as a pioneer anti-corruption institution. Mr. President, we are very much grateful for this honour done to us and we want to assure you that we will do our work with every sense of honesty. “Secondly, we want to congratulate you for winning the 2019 general election and for the inauguration that is forthcoming on 29, May. Mr. President, as part of the constitutional requirements, there is need for every public officer - president, vice-president, minister, members of the National Assembly to swear on his assets declaration and liabilities in compliance with paragraph 11 sub one of the Part one of Fifth Schedule to the Constitution. “Mr. President, it is in view of this we found it pertinent to present ourselves and also present forms to Mr. President and the vice-president for end of tenure and beginning of new tenure in office. The forms are readily here with us for presentation.” Isa was accompanied to the meeting by his colleagues Murtala Kankia and Dr. Emmanuel Attah.
BUDGET SIGNING...
L-R: President Muhammadu Buhari; President of Senate, Dr. Bukola Saraki; Minister of National Planning, Senator Udoma Udo Udoma; Governor of Central Bank of Nigeria, Mr. Godwin Emefiele; Senator Owan-Eno; Senator Danjuma Goje; Senior Special Assistant to the President (House of Representatives), Hon. Umar El Yakubu; and Minister of Finance, Zainab Ahmed, during the signing of the 2019 budget at the Presidential Villa, Abuja...yesterday
ASUU Wants Nigerians to Caution FG to Honour Agreement Adedayo AkinwaleinAbuja The Academic Staff Union of Universities (ASUU) has called on well-meaning Nigerians to caution the federal government to honour its agreement with the union to forestall further industrial crisis in the country’s tertiary education sector. The union’s President, Prof. Biodun Ogunyemi made the call in an interview with the News Agency of Nigeria (NAN) in Lagos. The union’s National Executive Committee (NEC) had at the end of its meeting at the Federal University of Technology, Akure (FUTA) in Ondo, on November 4, 2018, declared a ‘total, comprehensive and indefinite’ nationwide strike.
The strike was however suspended on February 7, 2019, after series of negotiations between the parties and other concerned stakeholders. But Ogunyemi said: “Government has not kept faith with our MOA signed on February 7. “What government ought to have done, they do not want to do any more. They have literally gone to sleep. “For instance they had promised before the suspension of the strike, to set up visitation panel to our universities within two weeks and three months after government has not done anything in that regard. “At least not to my knowledge that they had put any panel in place
nor inaugurate any. “By February 28 of this year, government had promised to pay the union, N25 billion part payment of outstanding arrears of the earned academic allowances. “Our renegotiation with Dr. Wale Babalakin had promised to put us in a more cordial path with fair guidelines when we came back to the renegotiation table but now, there seem to be no change of attitude on the side of government.” According to him, the union has a timeframe attached to every action, hence the current call for caution on the part of government. He explained that government had told the union that the funds
had been approved, but Ogunyemi said that there was a huge difference between approval of such funds and its implementation. He said that three months after the said approval, the funds were yet to get to the union. “Our members have begun to express doubts about government’s promise to fulfill its pledge faithfully. “And when this pressure begins to mount there is nothing the leadership can do because leadership must hearken to the voice of followers. “The point is that we are not keen about disrupting the academic calendar. What we are doing is to express our worries and carry the public along.
Daura Emirate Council Suspends Sallah Celebrations over Security Concerns Francis Sardauna in Katsina The Daura Emirate Council in Katsina State has stated that it has suspended all activities lined up to mark the forthcoming Eid-Al-Fitr Sallah celebrations scheduled to commence next week. The Danejin Daura, Malam Abdulmumini Salihu, disclosed this on behalf of the emirate
council in a statement issued in Daura yesterday. Salihu said the suspension of the Sallah activities was due to the recent unfortunate security breaches bedeviling some parts of the state. He said that the recent happenings which led to the kidnap and brutal killings of some innocent citizens of the state were
saddening and unfortunate. The emirate said it would use the period to commiserate with the government of the state, citizens and the victims’ relations over the unfortunate development. It added that during the day, only two raka’at Eid prayers would be observed, after which marathon prayers
and supplications would be conducted to invoke divine intervention over the precarious security challenges. The council, however, directed all the 16 district heads, 245 village heads and ward heads to organise and supervise prayers in their areas of jurisdictions, with a view to achieving lasting peace and stability nationwide.
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NEWS
Presidency: Buhari will Not Sign Stupid Bills from National Assembly Says it can’t promise Boko Haram will be eradicated
The Senior Special Assistant to the President on Media and Publicity, Mr. Garba Shehu, has stated that President Muhammadu Buhari has rejected a high number of bills because he has to analyse such documents closely so that he will not sign stupid bills into law. Shehu has also said he cannot guarantee whether or not President Buhari’s administration will put an end to Boko Haram insurgency. Shehu who was a guest on Channels Television’s Sunrise Daily, said this in Abuja yesterday. The president’s spokesman had accused the 8th Assembly of frustrating Buhari especially in the area of delaying the passage of the budget in 2018. When challenged with facts showing that President Buhari had rejected more bills from the National Assembly than any other president in Nigeria’s history, Shehu said the president did it for the right reasons as he could not sign stupid bills into law. Shehu was asked to react to claims by the Senate that it had passed 306 bills which is the highest number of bills passed by a legislative arm of government in Nigeria’s history while Buhari had the record for the highest number of rejected bills. In his reaction, however, Shehu said Buhari was known to be meticulous with his work. He said during the minimum wage bill amendment, for instance, the president drew up a list comprising ministers, stakeholders and even members of the judiciary to evaluate and
agree with the contents of the bill before signing it. Shehu said such painstaking processes take time but it helps prevent the president from signing stupid bills. The president’s spokesman said, “Let me say that the president is very methodical in dealing with matters such as this. A president could sit in that powerful office and act like he knows it all and I think in this country, we have had such Presidents but President Buhari is different because whenever bills come for signature, he will ask that a long list of stakeholders be drawn up. For example, the Minimum Wage Bill he which signed. “Prior to that, labour groups had been demanding that he sign immediately but he refused and identified all stakeholders, ministers and even the judiciary were made to sign off on it and when this process is on, it takes a lot of time. “Sometimes deadlines are issued and re-issued. However, the point is that at the end of it, a thorough job is done so that the President does not sign stupid documents and that is important for this country.” He said the seven-month delay in passing the 2018 budget should be featured in the Guinness Book of World Records. Shehu said, “The delay which was experienced in 2018 in which the National Assembly held unto the budget for seven months is good enough for the Guinness Book of Records and the President
lamented this.” When asked if ministers who failed to appear before the National Assembly to defend their respective budgets did not contribute to the delay, Shehu said the parliament should have summoned such ministers if it were true. He said the legislative arm of government had the power
to order the arrest of persons without immunity but the fact that they did not enforce such powers showed that they were only looking for excuses. The president’s aide, however, failed to explain why Buhari had failed to sign the Electoral Amendment bill 2019 into law. Shehu also said he cannot guarantee whether or not the
Buhari’s administration will put an end to Boko Haram insurgency. He acknowledged that while the federal government is still cracking down on Boko Haram insurgency, new security challenges have emerged. Asked if terrorism has come to stay or it will phase out completely, Shehu said:
“I can’t promise you that Boko Haram will or will not be eradicated but it is an ongoing challenge globally even in the more advanced, more weaponised nations, it is still a challenge.” He, however, said Boko Haram has “faded away”, and that the federal government is doing all it can to tackle banditry and kidnapping.
PROJECT INAUGURATION…
R-L: Yobe State Governor, Ibrahim Gaidam (middle), being assisted by the Deputy Chairman, Victims Support Fund (VSF), Tijjani Musa Tumsah, during the inauguration of Potiskum Local Government Area Secretariat reconstructed by the VSF after it was destroyed by Boko Haram...yesterday
You Lack Political Relevance to PipelineVandalism Adversely Affecting Host Communities, Comment on 2023 Presidency, Says Buhari Obi Tells Amaechi He said Buhari while the fishes in the sea are affected. communities. Omololu Ogunmade in Abuja Ernest Chinwo in Port Harcourt The vice presidential candidate of the Peoples Democratic Party (PDP) in the 2019 presidential election and former Anambra State Governor, Mr. Peter Obi, has declared that the Minister of Transportation, Mr. Chibuike Amaechi, lacks the competence to talk about which geo-political zone that will produce the president in 2023 because he lacks political relevance in Rivers State. Addressing journalists after the lecture/book presentation in honour of Rivers State Governor, Nyesom Wike, in Port Harcourt yesterday, Obi wondered why Amaechi who is not from Southeast would want to speak for the zone. Flanked by Senator Uche Ekwunife and Senator-elect, Sandy Onoh, the former Anambra State governor said: “Amaechi is not from the South-east; so, he cannot speak for us. “He is not in any position to make such statements because even him that is in APC, he did not contribute anything to the success of that election. “He did not even achieve anything in his own state. Those of us from the South-east who are from the PDP contributed to the success of our party”. He added: “For example, PDP in my state got 95 per cent. They
(APC) didn’t even get 25 per cent in Rivers State. So, he is not competent to speak on the presidency in 2023”. On the second term inauguration of Wike, he said the Rivers State governor has performed exceptionally well, as evidenced by his numerous projects. He said: “What is happening in Rivers State is that every area has seen very visible improvement. He has done very well. “The lecture and book presentation elucidated the performance of the Rivers State Governor, “ Obi added. On the growing insecurity in the country, Obi said the only way to achieve peace is for the Buhari’s administration to unite the people and tackle insecurity headlong. “Everybody has to be involved. The president has to work with the governors and the governors should work with the local government councils. We are Nigerians. We have no other country; so, everyone must be involved,” he said. He said that the major way to end insecurity is to create jobs for the teeming unemployed youths. “As long as the youths remain unemployed, we have a crisis, “ he added. He said that INEC should be independent, so that it can work without favouring any group.
President Muhammadu Buhari yesterday in Abuja said the destruction of oil facilities by vandals was having adverse effects on host communities as well as the majority of the people and the environment more than the government. The president made this remark while receiving South-South Monarchs Forum (SSMF) led by King Edmund Daukoru, Mingi XII, Amanyanabo of Nembe Kingdom, at the State House. A statement by presidential spokesman, Mr. Femi Adesina, said the president appealed to South-south elders to do more to end pipeline vandalism in their
He also said the president told the traditional rulers who came to congratulate him on his re-election and discuss issues of specific relevance to the zone, that they were culturally and traditionally positioned to complement government efforts in enhancing security in the Niger Delta. He also said Buhari charged them to educate the youths on the dangers that such nefarious activities posed to both the environment and the economy. ‘‘You need to educate the people that the destruction of installations is hurting the majority of the people. ‘‘If pipelines are blown and the waters are polluted, it affects both the fishermen and farmers. Even
‘‘These people who blow up the installations are hurting the people more than they are hurting the government,’’ Adesina quoted the president as saying. He also said the president decried the spate of kidnapping in the area, urging the royal fathers not to relent in their support to security agencies to effectively contain the negative trend. Adesina added that the president responded to an inquiry by the group on 10 per cent equity participation for host communities in solid minerals and whether the same was applicable to the oil sector.
responding to the inquiry, said: ‘‘The Constitution is very mindful of the way resources are shared. The 13 per cent derivation means that relative to whatever you are producing, 13 per cent is given to your states. ‘‘Then, whatever is offshore in the continental shelf belongs to the nation. Again your states get their own shares. This means your constituencies get two shares, the 13 per cent derivation and the balance in the continental shelf, which is shared among the 36 states of the Federation and the Federal Capital Territory.
I’m Leaving N42.5bn for Ihedioha’s Take off, Says Okorocha Amby Uneze in Owerri The governor of Imo State, Rochas Okorocha, has disclosed that he is leaving behind N42.5 billion for his successor, Hon. Emeka Ihedioha, stating that he decided to keep such amount for the in-coming governor so that there won’t be excuses in carrying out activities of the state government. Okorocha made the disclosure while swearing-in eleven Permanent Secretaries including the new AccountantGeneral and Permanent
Secretary, Donald Igbo, and the new Head of Service, Mrs. Ngozi Ama Eluma, explaining that N8.1 billion of the money was meant for the payment of salaries and capital projects, while N5.2 billion was for pension arrears. He also stated that N7.6 billion was meant for the renovation of schools, while N21.6 billion was mapped out for rural roads, totaling N42.5 billion, adding that following petitions from the Peoples Democratic Party (PDP) chieftains, the Economic and
Financial Crimes Commission, (EFCC), blocked the money for the payment of arrears of pension and others, at the point of starting the payments. Addressing the new permanent secretaries, the governor advised them to do their best to reposition the civil service system, protect the integrity of the state and shun corruption, adding that workers in the state Civil Service should put in their best in the service of their fatherland. He said “remember God in discharging your duties.
Discharge your duties without fear or favour and also defend your State when the need arises. I gave this State my best. I will do all I can to support the incoming government. Imo State Government have kept aside a total of N4.5 billion for the in-coming government, and for that reason, I will set up a sub-committee to make sure that the projects they are attached to, come to fruition even when I am out of office or when I will not be available because government is a continuum.
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COMMENT
Editor, Editorial Page PETER ISHAKA Email peter.ishaka@thisdaylive.com
IN OBEDIENCE TO CULTURE AND TRADITION
Various groups rally in support of the Oba of Benin for banning community development association, writes Awuya Otaihenkhole
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very society is endowed with certain basic sets of code and ethics that regulate and govern their existence as a people. A recalcitrant heart that rebels against the immutable order of God is opened to ancestral wrath. Ancestral judgements are great and people that fail to apply themselves to wisdom and reasons are unavoidably confined to self-destruction. The Edo people, particularly, the Benins consider every perceived attempt to tarnish, undermine or challenge the sovereignty of His Royal Majesty, Omo N’Oba N’Edo, Uku Akpolokpolo, Oba of Benin, as affront and sacrilege that should attract spontaneous anger. Since Oba Ewuare II ascended the throne in 2016, various groups and individuals have openly expressed satisfaction with his achievements and indeed have attracted encomiums from members of the international community like the British Government, the American envoy to Nigeria, the European Union, the Swedish Government, religious leaders and organisations. Everyone is happy and appreciative of His Royal Majesty over his decision to ban the Community Development Association (CDA). The Edo State Government supported it through the instrument of legislation. The Benin monarch’s decision was in direct response to the widespread outcry by the people over the unwholesome, antagonistic and inhuman activities of the operators of community development association who in their selfish desires, transformed themselves into what was generally regarded as community destructive association and land grabbers, who constantly unleash terror on prospective land developers who are unable to comply with their exploitative policy. The people rely on the Oba to rescue them from excruciating deprivation and bondage. In addition, the achievement of the reigning monarch in his relentless fight against human trafficking and cultism is legendary, especially in the outstanding and commendable roles of Oba Ewuare II Foundation in the resettlement and rehabilitation of victims of human trafficking and illegal migration through impartation of diverse skills and financial empowerment to the victims who remain grateful for the opportunity given to them to reignite their lives. Characteristically therefore, it was not unexpected when some strata of the Edo society congregated at Urhokpota premises, at the Oba Ovonramwen Square, Benin City, on Friday, 17th May, 2019, in response to the subversive, rebellious and treacherous acts against the revered throne of Benin Kingdom by the enemies of the Oba and the land. Armed with the full compliments of their spiritual endowments, traditional priests of different divinities, deities, fraternities, cults and other stakeholders in the spirit realm, they came to rain curses on these
THE ACHIEVEMENT OF THE REIGNING MONARCH IN HIS RELENTLESS FIGHT AGAINST HUMAN TRAFFICKING AND CULTISM IS LEGENDARY, ESPECIALLY IN THE COMMENDABLE ROLES OF OBA EWUARE II FOUNDATION IN THE RESETTLEMENT OF VICTIMS OF HUMAN TRAFFICKING AND ILLEGAL MIGRATION
identified enemies of the crown and other evil doers. Urhokpota premises, the site of the uncommon event, was filled to the brim by priests, priestesses, chiefs, Enigie, market women and other interest groups to raise their voices and place curses on this societal deviants that scandalously insulted the sacred crown of Benin. Notable among the array of spiritualists classifications are: Ohen-Okhuaihe, Ohen-Ovia, Ohen-Nikhuo, Ohen-Ake, Ohen-Ikhuokhuo, Ohen-Ogba, Ebo-ke-Ebo, Oghidian, Ayelala, Esango, Ekhorosioba and the Ewaise group. To begin the invocation of curses, the spiritualists first gathered various shapes of traditional intermediary implements of communication and intercession to perform the rites of convoking the power of the guiding spirits of the ancestors of the land, the uncountable divinities and deities to come and infuse their actions with seal of efficacy. Afterward, the procession moved through some traditional routes and roads in Benin City, where they visited a number of traditional sites such as Aro-Edion-Edo, Aruosa N’Ogbelaka, Erimwindu, Ekpenede, Aro-Emotan shrines, among others. In each of the location, the visibly charged and angry spiritualists lay bare their grievances against the culprits. They all came to a peaceful climax with prayers for the continuous well-being, prosperity, robust health and longevity of Ewuare II, Oba of Benin and the royal household, as well as the peace and progress of Edo land. Prior to the actions of the spiritualists, a group of Edo youths under the aegis of Benin National Congress expressed sense of dejection and took to the streets of Benin City to denounce what they described as unwarranted assault on the revered throne of Benin and the attempt being made by some elements to desecrate Benin customary norms and culture. The youths posited that to avoid breakdown of law and order, the police and other security agencies should as a matter of urgency effect the arrest of the culprits. The youths cautioned that failure to heed their advice may be injurious to the peace and harmony in the state. Similarly, the Esogban of Benin, Chief David Edebiri challenged the Edo State Police Command to rise to its statutory responsibility. Reacting to the lingering violation of the laws regulating chieftaincy matters in Edo State, the Esogban called on the police to do the needful by effecting the arrest of the culprit for unlawfully arrogating to himself the title of Ogiamienship. In all of this, it is not farfetched that the revered monarch, Ewuare II, N’Ogidigan, Oba of Benin is indeed a living deity. Otaihenkhole wrote from Ehor, Edo State
A DATE WITH DESTINY Kayode Akinmade pays tribute to Dapo Abiodun, Ogun State governor-elect
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estiny, says former US Secretary of State William Bryan, is no matter of chance; it is not a thing to be waited for but a thing to be achieved. For Prince Dapo Abiodun, the Ogun State governor-elect, nothing can be truer: not only will he on May 29 be sworn-in as the fifth Executive Governor of the Ogun State, he will, with friends, family and well-wishers, in fact be rolling out the drums to mark his 59th birthday. And so while in other climes, May 29 would mean just a change of guards at the government houses, in Ogun, it will be a day of double celebration and multiple thanksgiving, and rightly so. But there is a thrilling story behind that story and the facts of history, not least the anguish of memory, will have at least a mention, for not even the most perceptive of seers could have imagined that the road chosen and taken over 20 years ago would be paved with so many tears and thorns for a man whose only desire was, and still is, to be a blessing to all and sundry. Dapo Abiodun’s political voyage has indeed been long and bumpy but not as an aimless wandering in the desert. In all of that, he remained focus on the goal. Today he is being handsomely rewarded for his doggedness and persistence. The tears of yesterday have dissolved into smiles of triumph. Destiny, as Bryan notes in his famous polemic, has at last been now achieved after years of hard work. After all, do not our elders say that hard work does not kill but it is in fact the refusal to be hard-working that does? The dream was nurtured during the General Sani Abacha botched transition programme where he contested under the UNCP as a senator, but the death of Abacha meant it was not to be. It was there in 1999 when he contested for a senatorial seat under the Peoples Democratic Party (PDP) in Ogun East, losing out to Chief Biyi Durojaiye of the Alliance for Democracy (AD) and congratulating him as a good sportsman. It was there when he,
along with a few others, built up PDP in Ogun State as one of its major financiers and most committed members. Of course when Chief Olusegun Obasanjo emerged president, his supporters believed that he was the candidate for the Ogun ministerial slot, but he was of a different view, arguing that the leader of the party in the state, Chief Jubril Martins-Kuye, should not be relegated in the scheme of things and ignoring all entreaties to use his influence within the party to get a ministerial slot over and above Martins-Kuye. Martins-Kuye strolled into the portfolio of Minister of State for Finance and then the political maneuvering in Ogun started, as devious characters affronted by the rising profile of Dapo Abiodun went to town with fake news, proudly intent on his political decimation. The corollary: his name was conspicuously absent when nominees were announced for board appointments and it took his personal relationship with Obasanjo for him to be made chairman of the Nigerian Telecommunication barely a year to the end of Obasanjo’s first term. But Abiodun would not let go of his dream: he took all this with calm and equanimity and went all out to contest the governorship primary of PDP in Ogun State, backed by friends who hosted him to a banquet at his 43rd birthday in Ikoyi, Lagos. The roll call: Alhaji Aliko Dangote, Mr. Femi Otedola, Chief Jimoh Ibrahim, Mr. Tunde Odubela, Chief Niyi Aebayo, Ms. Modupe Ozolua, Ach. Biodun Faari, Mr. Ayodele Fayose, Dr. Bukola Saraki, Chief Tokunbo Afikuyomi, Chief Musiliu Obanikoro, Kashim Imam, the late Muhammed Waziri, Chief Mike Adenuga and a host of others. And when he lost the primary through the intricacies within the PDP in Ogun State to Otunba Gbenga Daniel, a man who between 1999 and 2001 was affiliated to Afenifere and the AD, Dapo Abiodun did not bother or dither: he invited Daniel to a breakfast meeting at his Maryland, Ikeja home, collapsed his campaign structure into Daniel’s and changed the posters in all his campaign offices across the state to Daniel’s. He mobilised funds and logistics for
Daniel and also campaigned with him throughout the state. He knew the day would come when he too would sing a victory song. That day of course did not come in 2007, he also supported Daniel’s election for a second term of office. Nor did it come in 2011, for he was involved in a domestic accident which took him off the political radar for a while, with God’s help surviving the accident that could have claimed his life. Nor was Abiodun among the victory party in 2015 when he contested against Buruji Kashamu for a senate seat but lost in questionable circumstances. Looking at the political situation in the country and holding firm to his resolve to preside at Oke Mosan, he pitched his tent with APC in Ogun State, then fully backed the second term emergence of the now outgoing Governor Ibikunle Amosun. Then came 2019, the year of reward. Overcoming the antics and roadblocks mounted against him by the incumbent government led by Amosun, his bosom friend (his posters, billboards were removed while the state machinery was stacked against him), he won the APC primary and went ahead to win the election proper. Welcome to the fifth executive governor of Ogun State. Unlike some with no proverbial second address, Dapo Abiodun joined politics with a rich resume. He attained good success in business and contributed immensely to national development. As the Chief Executive Officer of Ornamental Forge, a firm that specializes in metal fabrication and design, between 1994 and 1999, Prince Abiodun served as Federal Government contractor, supplying almost all security and bulletproof cars and doors. Most of the major industrial estates in Lagos and Abuja had his input. He was in fact so versatile and famous as a security merchant that when in Lagos between 1995 and 1997 there was an upsurge in crime and banditry, when car snatchers presumably from neigbouring Republic of Benin were holding sway in the Centre of Excellence, the then Military Administrator of Lagos State , Col. Mohamed Buba Marwa had to call on him to deploy his security
expertise to combat the menace. Dapo Abiodun was able to initiate two major interventions: one was the Vehicle Tracking System. This was a device which people subscribed to and installed in their cars, such that whenever they had any issues with intruders wanting to make away with their vehicles, they would seemingly yield the vehicles to the usually armed criminals and thereby safeguard their lives, then strike fast, and very hard. They would contact Abiodun’s company, INNOVATION, through a dedicated line and the vehicle would be demobilized within seconds. But that was not all: Dapo Abiodun was the brain behind Alarm Network. There was Alarmnet, a security device that keeps intruder at bay. All that is required is a touch of button, the company and the police would be alerted immediately. In a matter of minutes, security operatives would have surrounded the house and ensured the arrest of the intruders. This initiative was what led to the Operation Sweep project by the Lagos State government. Officials of the Operation Sweep were under the office of Dapo Abiodun and immediately it received a distress call, his office, through ICT tools, would connect the occupants of a threatened house with OPS operatives who were domiciled on the first floor of Alarmnet office beside the State Secretariat in Alausa. Within minutes, information would have got to the squad patrol nearest the people in distress. The OPS were divided into zones: the patrol would move in and within the spate of five minutes, the area would have been cordoned off, pronto, no escape for assailants. But for politics, Abiodun’s initiatives would have achieved far more successes than it did in Lagos. Significantly, this man of destiny is also an oil magnate, the CEO of Hyden Petroleum. In the oil industry he is one of the biggest players. As he begins the task of taking Ogun to greater heights tomorrow, May 29, the next chapter of his appointment with destiny may have just began. Akinmade, a two-term Commissioner of Information in Ondo State, wrote from Abuja
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T H I S D AY TUESDAY, MAY 28, 2019
EDITORIAL The Rights Of Married Women Women should be accorded their rightful place in the society
T
hree years ago, proceedings were disrupted in the House of Representatives when female members kicked against the outcome of voting on “citizenship and indigeneship” for women in the course of the constitutional amendment process. The provision sought to alter section 25 of the constitution to give married women the right to choose indigeneship either by birth or marriage for the purpose of appointment or election into public offices. With no fewer than 240 votes needed for the amendment to pass, the members could only secure 208 votes. A day earlier, the Senate had voted down the same amendment as well as the proposed 35% affirmative action for appointive positions. However, common sense seems to be prevailing in the National Assembly with the recent passage by the House of Representatives of an amendment to the Federal Character Commission Establishment Act 2010. The IT MAKES NO SENSE TO amendment grants DISCRIMINATE AGAINST married women the HALF OF OUR POPULATION option of choosing FROM CONTRIBUTING TO either their fathers or husbands’ states NATIONAL PROSPERITY or local government AND WELL-BEING of origin. “A married FOR ARCHAIC AND woman shall have the OPPRESSIVE REASONS option to lay claim to her state or local government of origin for the purpose of implementation of the Federal Character formulae at the national level or state level as the case may be,” the amended Section 2 of the FCC Act now reads. This is a positive development that aligns with our oft-stated position that gender equality is not just a human rights issue, it is essential for the achievement of sustainable development and a peaceful, prosperous world. Therefore, circumscribing access to opportunities that ultimately empowers women is counterproductive. Women are not the objects of pleasure of men or properties to be used and disposed
Letters to the Editor
of. Indeed, women have the same intrinsic worth as men. Therefore, any custom that seeks to discriminate against them on the basis of their marital status cannot and should not stand. Until now, the National Assembly has consistently failed to appreciate that fact. It is therefore our hope that the Senate will concur with the House of Representatives to do the needful. Discriminated against at every level in our country, women and girls traditionally are denied equal treatment regarding access to education, inheritance rights, human resources development and sustainable economic growth. At a period they are seeking equal treatment and participation in issues that concern them and their families, the lawmakers cannot continue to diminish our women by denying them what ordinarily should be their rights.
T T H I S DAY EDITOR BOLAJI ADEBIYI DEPUTY EDITOR DAVIDSON IRIEKPEN MANAGING DIRECTOR ENIOLA BELLO DEPUTY MANAGING DIRECTOR KAYODE KOMOLAFE CHAIRMAN EDITORIAL BOARD OLUSEGUN ADENIYI EDITOR NATION’S CAPITAL IYOBOSA UWUGIAREN MANAGING EDITOR JOSEPH USHIGIALE
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, EMMANUEL EFENI DIVISIONAL DIRECTORS BOLAJI ADEBIYI, PETER IWEGBU, ANTHONY OGEDENGBE DEPUTY DIVISIONAL DIRECTOR OJOGUN VICTOR DANBOYI SNR. ASSOCIATE DIRECTOR ERIC OJEH ASSOCIATE DIRECTORS PATRICK EIMIUHI, SAHEED ADEYEMO CONTROLLERS ABIMBOLA TAIWO, UCHENNA DIBIAGWU, NDUKA MOSERI DIRECTOR, PRINTING PRODUCTION CHUKS ONWUDINJO TO SEND EMAIL: first name.surname@thisdaylive.com
o the extent that women make up about 50 per cent of the Nigerian population, it makes no sense to discriminate against half of our population from contributing to national prosperity and well-being for archaic and oppressive reasons. Sadly, for years, the National Assembly has been found wanting in its role to help achieve the goals of promoting gender equality on several occasions. In September last year, for instance, a watered down version of the Gender and Equality Bill passed a second reading in the Senate, and was referred to the committee on judiciary, human rights and legal matters. The first bill put forward six months earlier, and which included equal rights for women in marriages, divorce, property ownership and inheritance, was voted down. That bill was rejected because senators said “enacting a law to accord women equal rights with men was un-African and anti-religious”. While we call on the senate to speedily concur with the House amendment to Section 2 of the FCC Act, it is also important to stress that enacting a law is just the beginning of the journey. Both the government and the society must also be willing to jettison all practices that circumscribe the rights of our women and prevent them from fulfilling their potential.
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.
DEALING WITH RISING RATE OF SUICIDES
R
ecent happenings across the country show that there is an alarming upsurge in incidence of suicides. Nigerians are considered lovers of life and as such would never contemplate suicide for whatever reason. But recent occurrence in the country has since changed that. Experts have affirmed that this current situation might not be unconnected with prevalence of depression among Nigerians. The Medilexicon’s medical dictionary depicts depression as medical conditions that disrupt a person’s thinking, feeling, mood, ability to relate to others and daily functioning. Depression is more than just a feeling of being sad or moody for a few days. Symptoms of depression include feeling sad or empty, loss of interest in favourite activities, over eating, or not wanting to eat at all, not being able to sleep or sleeping too much, fatigue, feeling of hopelessness, irritation, anxiety, guilt, aches, pains, thought of death or suicide, erratic or changed behaviour, loneliness, desperation, among others. It can also lead to marital troubles as depression victims find it very hard adjusting to family values and ethics. Causes of depression are complex and vary, depending on the particular disorder and individuals. Genetics, drugs, loss, disease or injury, neurocognitive and psychological mechanisms, and life experiences, society and culture, can all contribute to depression in people. The most common view, however, is that depression tends to result from genetic vulnerabilities and environmental stressors that combine to trigger disorder. From all indications, the nation’s tough economic situation has increased the number of citizens who run the risk of clinical
depression. Reports indicate that the rate of marital break-ups has increased while matrimonial violence occasioned by economic woes has equally multiplied significantly while more men now abscond from home to escape growing economic responsibilities. Thus, we now have more women who are over-burdened with excruciating domestic pressures. Cases of pronounced mental health condition have also unsurprisingly increased. Along major cities in the country, you are likely to come across clean and beautifully dressed compatriots who talk and walk alone, actually without any destination in mind. This, to medical workers is a vital sign of depression induced insanity, which if not quickly attended to could lead to serious psychiatric condition. Obviously, if depression is not properly addressed, it could culminate in suicide. The resilience of a typical Nigerian as well as his dynamic spiritual fortitude makes suicide the least of his contemplations. Recent events have, however, altered this entire hypothesis. So, Nigerians are not, after all, immune from suicide. Depression could also result into mental illness. Mental illnesses are medical conditions that disrupt a person’s thinking, feeling, mood, ability to relate to others and daily functioning. Mental illnesses cannot be overcome through “will power” and are not related to a person’s “character” or intelligence. This illness falls along a continuum of severity. The causes of mental illness are complex and vary according to the particular disorder and individuals. Genetics, early development, drugs, a loss of family member, disease or injury, neurocognitive and psychological mechanisms, and life experiences, society and culture, can all contribute to the development or progression of
different mental disorders in people. The most common view, however, is that mental disorder tends to result from genetic vulnerabilities and environmental stressors combining to cause patterns of dysfunction or trigger disorder. No matter how seemingly the effects of mental health issues are, whether it is depression, epilepsy, dementia alcohol dependence or death, they can be managed effectively with the affected individual living a reasonably normal life. Not managing mental health in the workplace has a huge impact on individuals and is equally bad for business too, with an estimated annual cost to employers of over 25 billion pounds. Recent survey indicates 40 per cent of employers view workers with mental health conditions as a significant risk while 42 per cent of employers are still underestimating the relevance of mental health in their workplace. Given the negative perception from employers, many applicants may feel that it is in their best interest not to disclose their mental conditions. Today, 73 per cent of work places across the globe still have no formal mental health policy. To stem current tide of depression, mental illness and suicide across the country, the federal government must make concerted efforts to fix the economy. The National Assembly should be more involved in activities that would make our economy to become buoyant. State governments should look inward to develop their local economies while faith-based organisations, NGOs, the media and relevant government agencies should be resolute on the futility of suicide. At family level, more channels of communication should be opened. Emotional healing occurs whenever a problem is shared. Tayo Ogunbiyi, Ministry of Information and Strategy, Alausa, Ikeja
16
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TUESDAY MAY 28, 2019 • T H I S D AY
NEWSPAPER ANNOUNCEMENT
(This announcement appears as a matter of record only)
FIRST ALLY CAPITAL LIMITED
FIRST ALLY ASSET MANAGEMENT LIMITED
RC: 1191465
RC: 1204564
On behalf of Announces the result of the allotment of the Offer for Subscription of 1,000,000,000 Units of N1.00 each at par in the FAAM Money Market Fund With respect to the Prospectus dated March 18, 2019 1. A total of 339 applications for 1,157,340,000 Units were received in connection with the Offer. 2. All the 339 applications for 1,157,340,000 Units were valid under the terms of the Offer, and were accepted and processed accordingly. 3. The 157,340,000 Units representing the oversubscription was absorbed as provided in the Prospectus. 4. The Offer was therefore 115.73% subscribed. The Basis of Allotment is as follows; Range 5,000
-
100,000
No of Applicants 161
105,000
-
1,000,000
77
1,005,000
-
10,000,000
10,005,000
-
100,005,000 &
5,030,000
5,030,000
% Units Allotted 0.44
22.71
41,755,000
41,755,000
3.61
82
24.19
316,860,000
316,860,000
27.38
100,000,000
17
5.01
531,765,000
531,765,000
45.95
Above
2
0.59
261,930,000
261,930,000
22.63
339
100.00
1,157,340,000 1,157,340,000
100.00
Total
% No of Applicants 47.49
Units Applied Units Allotted
The above stated basis of allotment as well as this announcement has been cleared by the Securities & Exchange Commission.
The Fund Statement for the Units allotted will be sent to allottees by the Registrars, United Securities Limited, 9, Amodu Ojikutu Street, Victoria Island Lagos, not later than June 7, 2019. ISSUING HOUSE
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T H I S D AY ˾ TUESDAY MAY 28, 2019
18
POLITICS
Group Politics Editor NSEOBONG OKON-EKONG Email nseobong.okonekong@thisdaylive.com (08114495324 SMS ONLY)
TRENDING NEWS
The Charm in Being Governor of Governors Nseobong Okon-Ekong writes that the emergence of Governor Kayode Fayemi of Ekiti State as Chairman of the Nigeria Governors Forum is a challenge to his skills at rebranding
C
ommendations have understandably been flowing the way of Dr. Kayode Fayemi following his emergence as chairman of the Nigerian Governors Forum
(NGF). The Ekiti State governor emerged the consensus of his fellow governors at the election for a new chairman of the group on Wednesday night. Understandably, Fayemi is the governor who has the distinction of having served previously before he failed to win a second term. Last year, he bounced back into reckoning when he won another four-year term as governor of Ekiti State. This must have been one of the strong points that recommended Fayemi. The consensus on Fayemi came against predictions of a rancorous election to lead the association grouping governors of the two major parties in the country; the All Progressives Congress, APC and the Peoples Democratic Party, PDP and the lone governor of the All Progressives Grand Alliance, APGA. Fayemi’s natural joviality may have been in the consideration of some people paved the way for him to have become the governors’ governor. However, nearly everyone knows that in Nigeria’s slippery and sophisticated political setting, neither friendliness nor sociability is of serious advantage in the hustle for political ascendancy. So, there is no doubt that the governors would have looked beyond the joy that is reflected in Dr. Fayemi’s natural beam. With their choice of Fayemi, it is a pointer that the governors have purposed to chart a friendly path with the different stakeholders that they have to relate with, including The Presidency. This is not to say that Fayemi can railroad his colleagues into decisions against their individual and collective will. But his disposition is certainly important. A former journalist, lecturer, security expert and development consultant, Dr. Fayemi’s emergence as chairman of the NGF puts him in position to aggregate the recurring social agitations in the polity for harmonious resolution with the central authorities. There is no doubt that Nigeria is presently faced with security concerns, a situation that at one time caused his immediate predecessor, Abdulaziz Yari of Zamfara State to consider abandoning his role as chief security officer of his state. Having Fayemi take over from Yari is a big challenge. With Yari as the Governor of Governors, the NGF, was not considered a serious pressure group. The body could not play its expected role because the man at the helm of its affairs was weighed down with credibility problems. Remarkably, since Fayemi re-emerged as governor of Ekiti State, he has without much noise sustained the peace in his state even managing the delicate issue of the anti-grazing law championed by his predecessor. A former lecturer on security issues, Dr. Fayemi, is expected to rise to help champion a positive resolution to the security menace by harnessing the issues as provided by fellow governors and working in synergy with federal authorities to change the narrative. There is no doubt that the security issue is likely to be a major consideration for all those enthused with the emergence of the Ekiti governor as chairman of the NGF. However, those who know his antecedents alongside his wife in the development sector will be stimulated to observe how the NGF during his time will approach
Fayemi
the country’s developmental challenges. In that direction, the governor would be expected to rekindle the NGF’s peer review mechanism that a few years ago became a central thrust for competitive development among the states in the country. Arguably, Fayemi will engender in his colleagues a sense of developmental competition. It is unfortunate that in the last few years as politics took a central position in the NGF that the peer review mechanism
The consensus on Fayemi came against predictions of a rancorous election to lead the association grouping governors of the two major parties in the country; the All Progressives Congress, APC and the Peoples Democratic Party, PDP and the lone governor of the All Progressives Grand Alliance, APGA
among the governors took backstage. With Fayemi on the saddle, those who had wished for the sustenance of the programme will be definitely hoping to see a revival in one way or the other. It is against this background of expectations that commendations for the governors as a whole have continued to flow. Remarkably, congratulations have come from across the political divide in the country, indicative of Dr. Fayemi’s good position to act as a mediator in terms of political bickering. Among the first to congratulate him was Senator Ike Ekweremadu, the deputy president of the Senate, a major leader of the PDP. This is a loud testimony to the personality of Fayemi, his acceptability and ability to build bridges across partisan lines. “Congratulations to His Excellency, Governor #Kayode #Fayemi and His Excellency, Governor #Aminu #Tambuwal on their election as new Chairman and Deputy Chairman, respectively, of the Nigeria Governor’s Forum, #NGF. “Their emergence as leaders of the influential body at a time of serious economic and security challenges like this is a call to an exacting service, but they’re equal to the task. I also congratulate the NGF for the smooth and unanimous choice of leadership. I wish both leaders a successful tenure and divine guidance. All the best.” The APC in a statement on Thursday also congratulated Fayemi on his emergence in a statement issued by its National Publicity Secretary, Mallam Lanre Issa-Onilu saying: “The NGF’s unanimous election of Fayemi to lead the Forum till 2021 is indeed a right choice judging by Fayemi’s proven record of progressive leadership and experience as a development expert, minister, governor, among other endeavours. “Since its establishment, the non-partisan Nigeria Governors’ Forum has been a strategic partner in deepening democracy
and entrenching good governance in the country. We are confident that the NGF under Fayemi’s leadership will continue in this best practice by cooperating and supporting the President Muhammadu Buhari-led APC administration in delivering on the Change Agenda for Nigerians, particularly as the country gears up for the next four year of the administration’s renewed mandate. “The APC wishes Fayemi a very successful and impactful tenure and look forward to cordial relationship between the NGF and the President Buhari-led APC administration. This undoubtedly will ensure the successful implementation of the Next Level plans for our collective progress as a country.” One of the most profound words of commendation came from a political associate of the governor’s, Dr Olusegun Osinkolu who served as the director-general of the 2019 Buhari/Osinbajo Campaign. In a statement on Thursday, he urged the governor to use his new platform to address the issues and contentions in the land. “Governor Fayemi must be a vociferous voice against injustice in the land. He must place high premium on the benefit accruing to Nigerians rather than personal political pursuit for history to be fair to him. “He should also be circumspect of the fact that those profiting from the deeply entrenched lopsidedness in our nation always loved to weaken the forum and throws it into crisis. “Our dear governor must be conscious of this and prepare had to ensure a more cohesive body that can deliver democracy dividends to the Nigerian citizens.” Dr. Fayemi’s job has indeed been well cut for him; the polity is waiting for him to act his role. How he is able to rebrand the NGF and lift the reputation of the group to attract more respect is one of the immediate challenges he has to tackle with a resolute determination.
T H I S D AY ˾TUESDAY MAY 28, 2019
19
TRENDING NEWS
More Troubles for Senator Ogbuoji
Benjamin Nworie writes that Senator Sonni Ogbuoji, representing Eboni South senatorial district is embattled on all sides
S
enator Sonni Ogbuoji was the governor ship candidate of the All Progressives Congress in Ebonyi State in the 2019 general election. Not only that he lost woefully to the incumbent, David Umahi, the Senator cannot say with certainty that all is well with his political carrier. For Ogbuoji it seems to be raining trouble from all quarters. He has been disowned by his own party in the state. APC loyalists see him as the bad omen’ that has brought misfortune for the party. A coinage ‘Ogbuoji Example’ has since found its way into the common street exchange of the people after he was accused absconding from the state three weeks to the governorship election. The coinage which has gone viral, according to the formulators, is now used to buttress an unserious candidate in an election. It describes a candidate whose main target was to grandstand and attract attention. The Ogbuoji Example connotes unseriousness and mere political jamboree and exercise. Anybody attributed with the ‘Ogbuoji Example knows he or she isn’t in any serious contest to win but to massage his or her political ego. Ogbuoji’s poor outing in the last governorship election generated mixed feelings among his followers and onlookers. Ogbuoji was said to be loaded with plenty money. He was seen as the only man that had the financial muscle and energy to challenge Umahi. Even at that, it was surprising how Ogbuoji could not penetrate the Presidency and utilize the impact of his APC controlled Federal Government. It was rumoured that the APC in Ebonyi relied on a plan to announce results that will be written from Abuja and that the election was just a mere formality. This threat rattled and unsettled PDP in the state. PDP also threatened the Independent National Electoral Commission (INEC) and other individual to write their will and be ready to die as anything short of a credible poll won’t be tolerated. The often touted ‘federal might’ could not be released to him and the electioneering came and left Ogbuoji as spectator in the game. His followers and supporters looked on in sheer bewilderment. This ugly development started shortly after the 2015 general election when Ogbuoji was reelected to represent Ebonyi South Senatorial zone. After his reelection, he became distant from the state and started absconding from Umahi and PDP events in the state. As early as that time, he was became the being rumoured as a major challenger to Umahi’s second term in 2019. Having survived a recall protest from his zone, the embattled Senator has been sacked from the Senate by a Federal High court sitting in Abakaliki . The Presiding Judge, Justice Akintola Aluko also ordered him to refund all monies be it salary, allowances or any other benefit from the position of Senator from the date of his defection from the Peoples Democratic Party (PDP) to APC to the coffers of government. The Court said it has been sufficiently and tremendously established by credible evidence that Ogbuoji defected to the APC in January 2018 and not January 2017 as he claimed in his defense. Justice Aluko therefore declared that Ogbuoji “is guilty of unholy political flirting and coquetry which the makers and drafters of the constitution resolved to outlaw by the enactment of section 68(i)g of the constitution.” Though he has appealed the judgment, but the development has turned him intoa political orphan in the state and he has become a subject of mockery on Ebonyi political environment. To further worsen his matter, the Governorship Election Petition Tribunal
Ogbuoji
sitting in Abakaliki on May 15 struck out Ogbuoji’s case against Umahi and the PDP. The Chairman of the Tribunal, Justice A. Abdulkarem struck out the petition against Umahi following the motion of withdrawal of the petition filed by Ogbuoji’s counsel, Mr Michheal Odo, which was not opposed by the counsel to Umahi, Okechukwu Otukwu. Ogbuoji’s withdrawal of his petition has resurrected mixed feelings in some quarters that Ogbuoji secured the APC governorship ticket, just to lobby for a ministerial appointment or any other meaningful appointment in Buhari’s administration. Since after the election, heaps of blame and accusation have been poured on Ogbuoji for allegedly masterminding the poor performance of APC in Ebonyi in the national elections. A group, known as Ebonyi APC Youths Vanguard explained that the party failed in the Ebonyi state because Ogbuoji allegedly created factions in the party and also used the governorship ticket as a personal enterprise always disagreeing with everybody in the party. Noting that Ogbuoji was not only a “bad influence but a destructive element that must be removed if the party must survive in Ebonyi state,” the group noted that it was not unaware of the fact that Ogbuoji had engaged in publicity bliss claiming to have generated over 90,000 votes for President Muhammadu Buhari when he actually lost his ward, local government and senatorial zone in the presidential election. The President of the group, Chuks Obeh while briefing newsmen further explained that the failure of APC in Ebonyi state started when Ogbuoji allegedly did not allow the National and State House of Assembly primaries to hold in his Ebonyi South zone but singlehandedly handpicked his cronies while other candidates who won their primaries in Ebonyi Central and North zones were shortchanged and replaced unilaterally. Obeh said, “For instance, in Ebonyi Central senatorial zone, President Buhari scored 37,655 votes which was the product and hard work of our National Assembly candidates; Senator Julius Ucha, candidate for APC Ebonyi Central and Comrade
Chinedu Ogah, APC Ezza South/Ikwo Federal Constituency. In Ebonyi North, President Buhari got 34,249 votes whereas in Ebonyi South senatorial zone where Senator Ogbuoji is not only a serving senator representing the zone but also the governorship candidate of the APC, President Buhari scored only 18,722 votes which is less than half of the votes the President scored in Ebonyi Central Zone.” Another hard knock came from the Ogbuoji Campaign Council over the failure of the APC in the state. The Director General of the Campaign Council, Senator Anthony Agbo alleged that Ogbuoji embezzled the campaign fund meant for Ebonyi state, which made the party not to campaign vigorously during the electioneering. Agbo said that immediately the council was set up by Ogbuoji on Dec. 2, 2018, it swung into action and drew a campaign blueprint which it presented to the APC governorship candidate but regretted that the campaign plan was never put to use. He added that Ogbuoji shunned all efforts made by the council, stakeholders and party leaders to bring genuine peace and reconciliation among House of Representatives and state assembly candidates whose tickets were changed in Abuja. The council noted that the irreconcilable differences between Ogbuoji and other major stakeholders dealt a deadly blow on the party in the state and regretted that all efforts to bring the two leaders to a reconciliatory talk failed woefully. Agbo said, “The council sat down to produced a comprehensive and detailed campaign blueprint which captured activities that were to be carried out at local governments, wards, communities and village levels as well as individual contacts and consultations. This was presented to Ogbuoji who told us that he was so pre-occupied with arranging issues relating to the election at Abuja level and that we should keep it in view.” “After the APC primaries in the state, the names of several persons who won the House of Representatives and state house of assembly tickets were changed in Abuja. This generated a very volatile and inflammable situation in the party that
later gave rise to multiple litigations. The council made several representations to Ogbuoji and party leadership in the state for the reversal of the damaging action but the appeal was not heeded. Ogbuoji refused to attend a reconciliation meeting convened twice by former Governor Martin Elechi which was attended by key party leaders.” “We wish to state categorically that since the inauguration of the council till the last election held on March 9, that the council did not receive any money from the APC governorship candidate or from any person or source. The DG and members used their private vehicles all through the period. No single financial request presented by the council to Ogbuoji for the purpose of the campaign no matter big or small was ever honoured. The party went into the election with N2,580, 000 released by Ogbuoji on the eve of the election.” Prior to the 2019 general election, Senator Ogbuoji parted ways with the PDP when he saw that both his third term return ticket to the Senate or his governorship ambition were not assured in the PDP. Perhaps, he may have considered that the state governor had earlier declared his seat vacant for the 2019 election. The development pushed him to the All Progressives Congress, where he later secured the APC’s ticket to run for the governorship election. At that time, the APC became a beautiful bride in Ebonyi politics. Some interested aspirants from the PDP saw the APC as a profitable alternative and platform to drive their ambition to fruition. However, little did they know that the hope entrusted in the APC would hit the rock due to wrong permutations. A chieftain of the PDP in the state who defected to the APC to contest Senatorial election lamented that he left the APC with much disappointment, after noticing that Ogbuoji was nowhere to be found after winning the governorship primary of APC. He recounted how he made efforts several times to discuss with Ogbuoji and chart new fronts on the election, but such efforts were crippled.
T H I S D AY t TUESDAY MAY 28 , 2019
20
FEATURES
Group Features Editor: Chiemelie Ezeobi Email chiemelie.ezeobi@thisdaylive.com, 08152252325
Some of the newly acquired buses for the Lagos Bus Services
Commuting in Comfort with the New Lagos Bus Service The new Lagos Bus Service has opened a new vista for the state’s teeming passengers to commute in comfort, Rebecca Ejifoma writes
A
fter years of commuting in rickety buses popularly known as ‘Danfo’ a new vista has been launched for Lagosians as the face of public transportation in Lagos is set to change for good with the coming of Lagos Bus Services Limited (LBSL), a company of the state government. Incorporated in August 2016 as a Transport Asset Acquisition, Operations, and Advisory Services Company, Lagos Bus Service (LBS) is the brain behind the new, medium and high capacity buses steadily making an appearance across the Lagos metropolis. As Lagos evolves into a smart city, LBSL is positioned to create a very competitive space in the Transport Industry where urban mobility guarantees a market for mass transit transport operators; with availability and pricing as key decision drivers. LBSL is tasked with the responsibility of ensuring the orderliness, proper coordination and progress of the industry in Lagos. At the heart of the LBSL mandate are commuters, everyday Lagosians, who rely on bus services to get to and from their homes and places of interests. By engaging mass transit operators and ensuring a market that is free and rewarding for all, the commuter is guaranteed the best bus services at the best prices and in very comfortable atmosphere. Among other responsibilities, the Lagos Bus Services Limited is set “to be the dominant service provider within the transit sector in Nigeria and the industry reference point in Africa.” Launch Launched on April 24, 2019, by President Muhammadu Buhari, the buses are a key component of the Bus Reform Project, an initiative of the Lagos State Government. The Bus Reform is to redefine the public transportation system in Lagos, with the injection of modern buses and terminals targeted to transform the way residents commute within the state. Expectedly, the new buses under the Bus Reform Initiative (BRI) with free services on five routes, would redefine public transportation and make the state globally competitive. The free service was launched across five routes, including Berger to Tafawa Balewa Square (TBS), Berger to Oshodi, Oshodi to TBS, Ikeja to Alausa and Ikeja to Oshodi to commemorate the Workers Days, after which normal service is to start on May 2, 2019. Comfort and Safety Speaking at Ikeja Bus Terminal, one of the modern terminals constructed as part of the BRI, an official of the Lagos Bus Services Limited, the operator of the buses, Mr Timi Olajide said it was a good thing that the buses have now been finally launched for the use of the people. He said out of the 5,000 buses planned for the initiative, the government was launching the scheme with 820 high and medium capacity buses, adding that asides the intelligent transport system component of the initiative which will aid Lagosians to plan their journeys, comfort and safety of the people have also been factored into the whole process. “In each of the buses, we have six emergency exits and First Aid Box, while every seat has a dedicated USB port for charging of phones, free Wi-fi, television and CCTV cameras which are linked to our control centre to monitor everything going on in the buses, among other features. “We have also taken the issue of people with disabilities specially and there are seats reserved
Oguntona
for them in the buses,” Olajide said. Commendable Development At the Oshodi Transport Interchange, a crosssection of Lagos residents who enjoyed the free service, lauded the state government especially Governor Akinwunmi Ambode for the buses and the infrastructure provided to support the transport reforms, saying the development was commendable. To ease the daily movement of millions of Lagos commuters, 800 of the expected 5000 buses have been delivered to the state; 50 of these buses have already been deployed on five routes across Lagos as part of a pilot phase. The deployment of the new buses by LBS is designed to address the inadequacies of the existing unreliable transportation system in Lagos, which hitherto was a mishmash of unregulated yellow mini buses, loosely regulated transport services like the ride-hailing taxis, and regulated mass transit bus services like BRT. Procured with government funds, the Brazilian-built Marcopolo buses are a wonder on wheels, equipped with air conditioning and priority seating for the physically challenged, the elderly, and pregnant women. Each bus has six emergency exits and a first aid kit, free WiFi, television, and CCTV cameras linked to a control centre to monitor everything going on in the buses and every seat has a dedicated USB port for charging phones. Changing the Narrative Over the last decade or so, commercial bus operations within the Lagos metropolis have largely been a free market where just about anything goes. LBS is set to change that. According to the Managing Director, Mr. Idowu Oguntona, “the company’s mission is to provide smart and sustainable bus transportation solutions to meet the needs of the modern city of Lagos. To achieve this lofty vision of being the dominant service provider within the mass transit sector in Nigeria, we have created a competitive space where urban mobility guarantees a market for mass transit operators, with whom we would make available the means to move Lagos residents in comfort, with adequate capacity and affordable pricing”. The initial 800 buses would be leased to reputable private bus operators through an operating lease model which will put into consideration all stakeholders in the transport sector. The bus operators will use three bus depots located at Ilupeju, Anthony, and Yaba to ensure that the buses are deployed, sustained and maintained properly. Bus routes will be allocated to the operators for effective implementation of the Bus Reform Project.
Operating companies are certified professional public transport service providers who will operate the assets according to the approved Service Level Agreement. It was also gathered that the vehicles are of uniform specification, which will be expected to run on predictable schedules, and ply routes supported by appropriate infrastructure for efficient and effective mass transit. Operations will be driven by technology, service delivery, creative, engaging, and exciting rider experience. Accordingly, an Intelligent Transport System (ITS) under which the new Lagos buses will operate will be deployed. This includes an electronic information system which provides real time passenger information to commuters; such as estimates of bus arrival and departure times as well as information about the nature and causes of service delays. Also, electronic ticketing will be put in place to ensure prompt boarding of passengers and revenue protection, to reduce waiting time at boarding points. Drivers and attendants are to be trained and certified to work in a respectable and courteous manner, properly kitted uniforms and official identity badges for easy identification to the entire public. Infrastructure provided for smooth operations include bus shelters, lay-bys, bus flags, terminals, and depots at various strategic points along the routes. Expectations To achieve the goal of seamless passenger movement as envisioned by the Lagos Bus Reform Project, the state has been divided into five Strategic Transport Zones. The transport zones shall identify transport and traffic dynamics and the efficient implementation of the project. These Strategic Transport Zones are Ikeja, Lagos Island, Oshodi, Abule Egba, and strategic linkages (other routes). The five zones are the major transport hubs in Lagos. Each hub is characterised by major transport activities and also serve as prominent key destinations of commuters. Each of the zones also contain transport sub-hubs which are major trip destinations from other parts of the state. Oguntona is confident that the new Lagos buses would boost the confidence of Lagos residents in the use of public transportation facilities. “Perhaps we are not too far off from a time when commuters will park their cars and use the new Lagos buses for their daily commute. Imagine the possibilities of commuting with ease and stress free within Lagos”, he added. Speaking further, he quipped that that the intention of LBS is to develop a strong emotional connection with the average Lagos commuter. It aims to do so by building a clear competitive advantage in brand, service, pricing, availability, and customer service. “That is why the new Lagos buses are presented in an image which differentiates them from alternative transport systems, and communicates in a clear, consistent, and attractive manner; the company’s commitment to provide decent, efficient, modern public transportation,” he added. Capable Leadership Oguntona as a seasoned finance and management expert, with over 17 years of dynamic professional work experience; in private and public sectors, is a natural leader, with proven executive management track record and several years of experience in leadership, start-ups, leading change management, treasury management, financial accounting and audit. Prior to joining LBSL as Chief Executive Officer in 2016, Oguntona served as the Managing Director
of LAGBUS Asset Management Ltd (LAGBUS), where in addition to his responsibility of providing strategic direction for LAGBUS’ operations, he championed the implementation of the Lagos State Bus Reform Initiative. Before his engagement at LAGBUS, Idowu worked with Notore Chemical Industries PLC, (a leading conglomerate with businesses in agro-allied, power and real estate), where he was part of the team involved in raising $222million medium-term syndicated project finance for acquiring and refurbishing the assets of National Fertiliser Company of Nigeria (NAFCON). Idowu started his professional career as a civil servant with Lagos State Government in 2001, where he worked in various roles with the Lagos State Office of the Auditor-General for Local Governments. He obtained a Bachelors degree in Accounting from Bayero University, Kano, in 2000 and a Masters of Business Administration (MBA), from Lagos State University in 2005. He qualified as a Chartered Accountant with the Institute of Chartered Accounts of Nigeria (ICAN) in 2004 and later became a Fellow of the same Institute (FCA) in 2014. Shola Oni, on the other hand is a seasoned engineer and the Technical and Asset Management Director, whose job is to ensure the buses are in good conditions always. She started her career in Automobile Engineering as an apprentice in the United Kingdom going through the City & Guilds apprenticeship programme and obtained a degree in Automobile Engineering from Bolton University, Lancashire. Her 22 years post-degree experience spans across the public and private sectors of transportation having worked at fairly senior levels with the Office of Rail Regulator, Strategic Rail Authority, Department for Transport and First Group all in the United Kingdom and more recently LAGBUS Asset Management. She was the first UK female appointed Engineering Director working with First Group in the bus division, one of the biggest transport operating companies with accountability for the operation of the engineering function and depot infrastructure across multiple depots and a large fleet size. Shola has also managed various projects including a £6.5m Scottish FirstGroup smartcard upgrade project, £10m York FirstGroup fleet replacement and more recently the Lagos State Bus Reform Project for which she was the technical lead. Operations are overseen by Oluseyi Osiyemi, a Transportation Specialist with extensive experience in planning, operations, and management of multimodal transportation systems in Africa, Europe, and Australasia. He has also led the development of institutional and governance framework for urban bus services operating contracts/franchise agreements, in line with world's best practices. As a professional, Osiyemi is passionate about development of sustainable transportation systems in Africa. As an astute project manager, his strength lies in working with multi-disciplinary teams from inception to implementation of public transportation projects. Before joining LBSL, Osiyemi served as General Manager for LAGBUS for almost four years. He was the Group General Manager of KK Group in Uganda. He worked as a Consultant the kampala Centre for Logistics and Transport. He was also Chief Executive Officer for Pioneer Easy Bus Limited. Mr. Osiyemi is a graduate of the Olabisi Onabanjo University where he obtained a BSC in Geography and Regional Planning. He holds an MSC from the Oxford Brookes University and a Diploma in Project Management from Chiefly Business School.
T H I S D AY t TUESDAY MAY 28, 2019
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FEATURES
Ugwuanyi’s Footprints in Enugu and Another Four Years of Good Governance Samson Ezea
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omorrow, May 29, Governor of Enugu State, Rt. Hon. Ifeanyichukwu Lawrence Ugwuanyi and his deputy, Mrs Cecilia Ezeilo, will be sworn-in into office for their second term, after being resoundingly and massively reelected in March 9 governorship election, following their remarkable achievements and good governance in office in the last four years. It would be recalled that four years ago, precisely, May, 29, 2015, in an epochal event at Michael Okpara Square, Independence, Layout, Enugu, Ugwuanyi, after 12 years of quality representation at the House of Representatives as member representing Udenu/ Igbo-Eze North Federal Constituency was sworn in as the fourth executive governor of Enugu, amidst celebrations, hope and expectations. His cominginto office was confronted with myriad of daunting challenges that include recessed economy, paucity of funds, backlog of unpaid workers’ salaries, arrears of pensioners, infrastructural deficits, unemployment and others. These apart, Ugwuanyi also became the first governor of Enugu State since 1999 to emerge on opposition platform following his party, Peoples Democratic Party (PDP)’s loss of the presidency to the All Progressives Congress (APC). Not deterred by these obvious discouraging and enormouschallenges, Gov. Ugwuanyi in his inaugural speech, committed the affairs of the state to the Almighty God and unveiled a four-point agenda of his administration, namely; employment generation, social services and good governance, rural development, security and social justice. Without hesitation, Ugwuanyi’s administration hit the ground running, by bringing to bare the governor’s financial prowessand prudence in reforming, rejigging and repositioning the state’s Internal Revenue Service (IRS) system for better performance and improved revenue generation. This singular action improved significantly the states’ Internally Generated Revenue from N14b in 2016 to N18.4b in the first ten months of 2017 and now 22billion, thereby placing the state in a good financial stead, even without the monthly federation allocation as revealed by The Economic Confidential in its 2018 Annual States Viability Index (ASVI) released recently. Also introduced in the day-to-day running of the government by Ugwuanyi were good governance, equity, fiscal discipline, accountability and transparency. Since then, governance in the state took a new direction geared towards peaceful co-existence, total integration, good governance and even development across the state. Ugwuanyi’s leadership style which is inclusive, progressive and eclectic is unprecedented in the state’s leadership history. In the last four years of his first term in office, Ugwuanyi’s administration has presence and footprints in virtually all the 450 autonomous communities, 17 local councils and three senatorial zones in the state. All the sectors of the state economy had witnessed his government’s interventions like never before with rural development, education, health, infrastructure, security, workers’ welfare, youth empowerment, taking the lead. Across the state, roads like Opi-Nsukka dual carriage way, Obechara Road Junction-Umuakashi Mechanic village-Ikenga Hotels Junction-Enugu Road Nsukka Junction and Umuezebi-Nru Junction have been completed. Others include extension of Agbani-AforAmurri Road, the extension of Ituku Road, the construction of Ogonogoeji- Ndi Akpugo Road ( Atavu Bailey Bridge-AforOnovo) the construction of the 42-metre span Bailey Bridge and road works across River Nyama to Amichi, linking Umuogo and Umuagba Amaechi Uno/ Obinagu community, all in Nkanu west LGA. Of note is that the AgbaniAmurri Road was constructed newly for a community that has never witnessed any form of development or government presence on its land in the past 100 years. In the same vein, the Ogonogoeji-Ndiagu-Akpugo Road
Ugwuanyi during his swearing-in ceremony in 2015 at Michael Okpara Square Independence Layout, Enugu
from Atavu Bailey Bridge to Afor Onovo is the first state government road in the entire Akpugo land since the creation of the Enugu State. Not left out is the popular and historic Milliken Hill Road, Ngwo, constructed in 1909, but was abandoned for several decades before Ugwuanyi’s administration reconstructed it with streetlight. The three-kilometre road is part of the 12-kilometre 9th Mile-EkochinNgwo- Miliken Hill-New Market federal road which state government recently rehabilitated to serve as alternative route for commuters and motorists plying Enugu-Onitsha Expressway. Also within the state capital, Ugwuanyi’s administration has executed numerous road projects at Holy Trinity Street and Bishop Michael Eneje Street, Nawfia Street, Ibuza Street, Isi-Uzo Street all in Independence Layout Enugu. Also asphalted are Mount Crescent, GRA Enugu, Dental School-Tipper Garage Road, Trans Ekulu, Enugu; Loma LindaTimber Shed Road and many others. In the last four years Ugwuanyi’s administration has spent not less than N45b in road construction and reconstruction across the state. These are not inclusive of the numerous road projects awarded by Ugwuanyi’s administration close to his reelection that are ongoing and nearing completionnow. In the education sector, through the Enugu State Universal Basic Education Board (ENSUBEB), Enugu is among the states that have paid their counterpart fund making it possible for them to access the Federal Government Universal Basic Educationfund. In the last four years, ENSUBEB has built and renovated more than 400 primary school classrooms, provided learning and teaching facilities and recruited more than 2000 teachers and is currently recruiting 1500 teachers. Also recruited by Ugwuanyi’s administration through the Post Primary Schools Management Board ( PPSMB) are more than 1200 secondary teachers in addition to the 857 volunteer teachers( engaged during the past administration) who were recently regularised as permanent staff. Of great emphasis is the fact that Ugwuanyi’sadministration has in the last four years equitably distributed developmental projects and appointments across the state in spirit of unity, equity and fairness to the admiration and happiness of all and sundry in the state. This is a clear departure
from the practice in the past that created bad blood among political stakeholders in three senatorial zones in the state.Ugwuanyi has not only continued to maintain the infrastructure he met on ground, he has built new ones, completed and still completing the abandoned ones across the state. After many decades without any national or international trophy in its kit, the state-owned Rangers International Club with the massive support of Ugwuanyi’s administration in the last four years had won the 2015/2016 Nigeria Professional Football League and the 2018 Federation Cup. Notwithstanding that his administration inherited backlog of salary of workers and arrears of pensioners, Ugwuanyi never engaged in buckpassing or blame game for one day. His government boldly took the bull by the horn by clearing the outstanding salaries, promotion and introduced prompt payment of workers. Since then, workers in the state receive their salaries every 23rd of the month and 13 month in December as bonus. That is the first of its kind in any state in Southeast zone. This is despite the fact that Enugu State is not oil producing state and is almost at the bottom in the cadre of monthly Federation allocation. This made the national leadership of Nigeria Labour Congress (NLC) and workers in the state to confer on him the award of Most Workers Friendly Governor in Nigeria. Also being gradually addressed by Ugwuanyi’s administration is the arrears of pensioners that have piled up for years due to failure of the past governments to clear it. In the last four years of Ugwuanyi’s administration, Enugu State has recorded the lowest crime rate. This milestone which brought about the peacefulness of the state was attested to by the leadership of Police Service Commission. This was responsible for the prevailing peace in the state, before, during and after 2019 elections. The overwhelming support Ugwuanyi’s administration enjoyed in the state in the last four years and his resounding victory in his reelection is a clear testimony of his outstanding performance in office and style of leadership that give everyone,irrespective of religion, tribe, status and party affiliation sense of belonging in the affairs of the state. That is why from Enugu West, East to North, among the artisans,
Christians, Muslims,workers, youths, adults, residents, visitors, religious leaders, oppositions and others in Enugu and beyond, Ugwuanyi is a unique exemplar in leadership. He is a performing, peaceful,responsible and responsive leader any day, anytime. He remains the most available and accessible governor by the people in Nigeria today. He is not only always in the State, he is always handy and live up to his responsibilities as governor. It is for this reason and others that Ugwuanyi’s chieftancytitle, Gburugburu has become a brand, movement and household name in Enugu State today. His style of politics is emulative and tolerant. Unlike other political leaders, Ugwuanyi has in the last four years used power as shield to protect and unite the people, instead of the usual sword, political office holders normally use power as to divide and oppress the people, especially perceived enemies. This and many other feats and giant strides of Ugwuanyi’s administration endeared him and his government to the hearts of Enugu people and made his first term in office peaceful, developmental, progressive and eventful. Critically dissecting Ugwuanyi’s first term in office, there is no doubt that his administration has excellently and committedlyimplemented his government’s four-point agenda for the betterment of the people, he has gone extra miles to stabilise the politics of the state and stimulate its economy with sound economic policies and implementations. As Ugwuanyi takes oath of office for second term tomorrow, expectations and hope are high among the people, especially in the light of the positive actions, steps and decisions hisadministration has taken since he was reelected. There are clear indications that with the massive support of the people, availability of fund and God’s guidance, Ugwuanyi’s second term in office will be more inclusive, developmental and uniting than his first term. He will consolidate on his first term’s remarkable achievements, expand the frontiers of good governance and takes the state to enviable heights. And Surely, Enugu State will continually remain in the hands of God. t &[FB XSPUF GSPN *OEFQFOEFODF -BZPVU Enugu State
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WEEKLY PULL-OUT
‘2019 SBL CONFERENCE WILL GO BEYOND RHETORIC’
28.05.2019
Seni Adio, SAN
2/DASHBOARD
28.05.2019
Propriety of Contractor being liable for Criminal Misappropriation of Contract Sum PAGE 4
Lagos CJ Pledges Support for Visually-Impaired Students, Orphans PAGE 5
Adegboruwa, Ozoani, Rhodes-Vivour, 13 Professors, 64 Others Shortlisted for Elevation to SAN PAGE 5
Stakeholders Brainstorm on how to Deepen the Growth of Technology, Media and Telecoms Law at DOA Annual Business Series
QUOTABLES ‘My hope is that, this time around, the President will be both President and Presiding. Because, for the first term, my view is that, the President was absent. He was neither President or Presiding, and a lot of things went wrong.’ – Dr Chidi Anselm Odinkalu, former Chairman, National Human Rights Commission (Nigeria), Senior Legal Officer for Africa, Open Society Justice Initiative ‘The difference between dictatorship and democracy, is the National Assembly. Once you subjugate the National Assembly to irrelevance, and you regard it as an irritation, then you have a full blown dictatorship.’ – Clement Nwankwo, Lawyer, Human Rights Activist, Founder, Constitutional Rights Project
PAGE 6
‘Lawyers must Innovate, or be ready to Perish’ PAGE 6
COLUMNISTS DR. MIKE OZEKHOME, SAN, OFR, FCIARB, PH.D, LL.D Constitutional Democracy, means a system of government, in which political and governmental power, is defined, limited and shared by a grundnorm called the Constitution, which provides inbuilt checks and balances. This column seeks to fiercely discuss constitutional, legal and political issues, with a view to strengthening, deepening and widening the plenitude and amplitude of democracy and good governance, without fear or favour. The writer of this column, Dr. Mike Ozekhome, SAN, is a Constitutional Lawyer, Human Rights Activist, Pro-Democracy Campaigner, Notary Public and Motivational Speaker. He co-founded the Civil Liberties Organisation (CLO), Nigeria's pioneer human rights league, on October 15,1987, the Universal Defenders of Democracy (UDD), in 1992, and with Chief Gani Fawehinmi and others in 1998, the Joint Action Committee of Nigeria (JACON), to push out the military. In his early days, he lectured at the University of Ife. Dr. Ozekhome is an author of many books. He is also a Special Counsel at the International Criminal Court (ICC), atThe Hague.
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.
DR. KUBI UDOFIA Dr. Kubi Udofia holds a Doctorate degree in Law from The University of Nottingham, a Certificate in International Risk Management from the Institute of Risk Management, London, a Masters degree in Corporate Law from University College, London and a Bachelors degree from University of Uyo in Nigeria. Called to the Nigerian Bar in 2007, Dr Udofia is the Head of the Corporate and Commercial Law Practice Group, at Fidelis Oditah & Co. He is an acknowledged expert in Insolvency and Restructuring Law in Nigeria.
ONIKEPO BRAITHWAITE EDITOR JUDE IGBANOI DEPUTY EDITOR AKINWALE AKINTUNDE REPORTER TUNDE BUSARI GROUP HEAD OCHI OGBUAKU II ART DIRECTOR
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Election Tribunals: Hopes and Fears
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Voluntary Withdrawal must say that, Honourable Justice Zainab Bulkachuwa, the President of the Court of Appeal, did the right thing by ‘voluntarily’ withdrawing as the Chairman of the 2019 Presidential Election Petition Tribunal, without allowing the issue to become a full blown long drawn out saga, as is usually the case in Nigeria. Well, maybe her decision was not totally voluntary, because not only had there been a bit of an outcry about her role in the Tribunal, the Petitioner at the said Tribunal, Alhaji Atiku Abubakar, through his legal team had brought an application, seeking for an order that Justice Bulkachuwa recuse herself from further sitting on the Tribunal, or participating in the proceedings in the matter between Alhaji Atiku Abubakar and President Muhammadu Buhari; and that she be replaced, by another Justice of the Court of Appeal. It seems that, the basis for the Petitioner’s application, was that Justice Bulkachuwa’s husband and son are not only card carrying members of the All Progressives Congress (APC), her husband, is a Senator-elect of the APC, the ruling party that President Buhari belongs to, and there was a likelihood of bias against the Petitioner. Question about Bias Understandably, the question arose about bias in favour of the APC, and how neutral Justice Bulkachuwa could and would be, with two of her close family members, her husband and her child, being members of the APC. Who knows? Who is to say for certain, that she could actually not be neutral, and may not have any, or the same political leanings/affiliations as her family members? Additionally, some could argue that, the decision as to who emerges victorious in the Abubakar v Buhari matter, has no direct bearing on her husband’s position as a Senator-elect, and therefore, they have nothing to gain from it. Furthermore, in the event that her Tribunal gives judgement, perverse or otherwise, the decision would not necessarily be final, as there is still an appeal process to be followed, that is, the decision of the Tribunal could still be overturned by the Supreme Court. But, by now, the whole of Nigeria is familiar with the famous saying of Lord Justice Heart in the case of R v Sussex Justices Ex parte McCarthy 1924 1 K.B. 259, that “Justice must not only be done, but also seen as done”. “The basic principle there, was that it was not sufficient that justice was done, it was necessary that there be no circumstances as to raise the question of bias and unfairness in the decision of the Judges.” That is why, I respectfully, disagree with the unanimous decision of the Tribunal, dismissing Alhaji Abubakar’s application, for want of evidence to support same. It is trite that, in cases involving allegations of bias or the likelihood of same, “there must be cogent and reasonable evidence to satisfy the court that there was in fact, such bias or real likelihood of bias as alleged.... the mere vague suspicion of whimsical, capricious and unreasonable people, should not be made a standard, to constitute proof of such serious complaints”. See the case of Deduwa v Okorodudu & Ors 1976 1 NMLR 237. In the Supreme Court case of Rafiu Womiloju & 6 Ors v Fatai Ogisanyin Anibire & 4 Ors SC.211/2002 (in which the lead judgement was delivered by the Acting Chief Justice of Nigeria, Hon. Ibrahim Tanko Muhammad), his Lordship stated that “For an allegation of judicial bias to succeed, the accuser must establish his allegation on some extra judicial factors/ reasons, such as where such factors or
reasons are absent, such ‘perceived’ judicial bias is insufficient to justify disqualifying a Judge from participating in a case which is properly brought before him for adjudication. The allegation cannot be founded on mere conjecture or hearsay”. I submit that, the familial relationships of her Lordship, are cogent and reasonable evidence, if not to prove actual bias, but to suggest a real likelihood of bias, enough to satisfy the Tribunal, that the Petitioner’s application be granted. The existence of Justice Bulkachuwa’s familial relationships, and the political affiliations of husband and son, are not mere suspicions or conjecture, they are facts which amount to admissible evidence.If Justice Bulkachuwa’s family factors were absent, it would be unlikely that issues of such 'perceived' judicial bias, would have been raised against her Lordship. Reasonable Man’s Test If we used the reasonable man’s test, the question would be, whether it could be inferred by a reasonable person sitting in court, that there is a real likelihood of bias against one party, that is, that Justice Bulkachuwa could or would be partial to the APC Respondent, that is, President Buhari, given her family circumstances. I believe that, the answer to that question, is Yes. To the extent that a reasonable man would question whether she would remain impartial, the proper thing to do, was for the Tribunal to grant the application (and for her Lordship to withdraw from the matter, as she did) – so that justice can be seen to be done. This particular matter, is very much within the public domain, and it is of great
interest to majority of Nigerians, because it involves the Presidency of our country. Most people believe that, it is therefore unlikely, that the topic would not have been discussed within the confines of the home of the Bulkachuwas, no matter how fleetingly, and given the political affiliations of those that may have raised the issue with her at home, they would certainly prefer a situation in which their fellow APC member emerges victorious at the Tribunal, and may try to influence her to go in the same direction as them. Permit me to state that, I do not believe that, this impugns her Lordship’s integrity, or level of uprightness. This is simply a matter of the perception/impression of the reasonable man. Rule 2 C 1 (Disqualification) of the Code of Conduct for Judicial Officers and Rule 12.1 of the Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria, provide that “A Judicial Officer should disqualify himself in a proceeding in which his impartiality might reasonably be questioned.....”; and the Rule does not limit the circumstances for disqualification, to only those listed in it. It is my considered opinion that, this situation comfortably fits into the category of disqualification. Rule 2.3(B) of the American Bar Association Code of Conduct provides inter alia that: “A Judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice......including but not limited to bias, prejudice......based upon race, sex, religion....ethnicity......or political affiliation......”. Here, political affiliation which is not explicitly mentioned in
ONIKEPO BRAITHWAITE
THE ADVOCATE onikepo.braithwaite@thisdaylive.com onikepob@yahoo.com
“THAT IS WHY, I RESPECTFULLY, DISAGREE WITH THE UNANIMOUS DECISION OF THE TRIBUNAL, DISMISSING ALHAJI ABUBAKAR’S APPLICATION, FOR WANT OF EVIDENCE TO SUPPORT SAME....THE FAMILIAL RELATIONSHIPS OF HER LORDSHIP, ARE COGENT AND REASONABLE EVIDENCE, IF NOT TO PROVE ACTUAL BIAS, BUT TO SUGGEST A REAL LIKELIHOOD OF BIAS, ENOUGH TO SATISFY THE TRIBUNAL, THAT THE PETITIONER’S APPLICATION BE GRANTED”
the Nigerian Code of Conduct, features expressly. The issue of bias or unfairness, is crucial, because the existence of bias, will certainly lead to the less favoured party being denied of his/her constitutionally guaranteed right to fair hearing, as provided for by Section 36(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) (the Constitution). A denial of this right to fair hearing, vitiates the proceedings, and renders them null and void, and of no effect – Rafiu Womiloju & 6 Ors v Fatai Ogisanyin Anibire & 4 Ors (Supra); Otapo v Sunmonu 1987 1 NWLR Part 58 at Page 587.
President of the Court of Appeal, Hon. Justice Zainab Bulkachuwa
Conclusion: Food for thought Let me conclude by saying that, I received the decision of the Presidential Election Tribunal with mixed feelings. On the one hand, I am happy that Honourable Justice Bulkachuwa did the right thing, by withdrawing from the Atiku/Buhari Panel. On the other hand, the decision of the Panel dismissing the application of the Petitioner in respect of bias, an application which obviously had merit and ticked the boxes of requirements for being granted, as can be seen from judicial precedent (and the Code of Conduct), makes one wonder about how justice will be meted out, in the various Election Petition Tribunals.
4/LAW REPORT
28.05.2019
Propriety of Contractor being liable for Criminal Misappropriation of Contract Sum
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that, the conditions under Section 78 of the Penal Code Law for adjudging a convict to make compensation to any person injured by the offence, have not been met in this case. The Respondent on its part, submitted that the Court of Appeal was right in affirming the order of the trial court, for the Appellants to make a restitution of the sum of N14,000,000.00.
Facts
he Appellant in the second appeal (2nd Accused), was awarded contracts by Kwara State Government Millennium Development Goals (MDG) for the drilling and provision of forty-three (43) motorised boreholes in some Local Government Areas in the State. However, the Appellant in the first appeal (1st Accused person), as the Managing Director/Chief Executive Officer of the 2nd Accused company, paid a cumulative sum of N14,000,000.00, from the 2nd Accused company’s bank account to some Kwara State Government officials, for onward payments to third parties. Further to the above, the Appellants were jointly charged before the High Court of Kwara State on a three count charge, for the offences of criminal misappropriation under Section 308 of the Penal Code Law. The Prosecution called three witnesses and tendered the 1st Accused person’s extra judicial statements (Exhibits 11-14), while the 1st Accused person testified as the sole defence witness. The testimony of the 1st Accused person, was to the effect that he paid the monies alleged to have been misappropriated, to government officials, including a certain Ademola Banu (PW3, who was the officer in charge of the MDG projects and Special Assistant to the Governor of Kwara State on MDG projects) at the instance of the Governor of Kwara State, in line with his understanding with the State Government, that 50% of the profit from the contract will be given to some third parties to maintain some local politicians who could have been patronised for the purpose of executing the contract. The 1st Accused person testified further that, they could not afford to go back to the sites to complete the contracted jobs, owing to the payments made in line with the political arrangement. His stance was that they completed 35 boreholes, and only eight remained uncompleted. PW3 denied this political arrangement, but the trial court believed the testimony of the 1st Appellant, and disbelieved that of PW3. At the conclusion of trial, the trial court convicted the Appellants on the three count charge and sentenced them accordingly, but with an option of fine. Order for payment of restitution in the sum of N14,000,000.00 was also made, though the court found that, the sum was paid by the Appellants and received by officials in charge of Kwara State MDG at the material time. Dissatisfied with the decision of the trial court, the Appellants unsuccessfully appealed to the Court of Appeal; necessitating the further appeal to the Supreme Court. Issues for Determination The following issues were considered by the court in its determination of the appeal: 1. Whether the Court of Appeal was right in affirming the decision of the trial court, that Exhibits 11-14 amounted to confession to the offence, having regard to the totality of evidence and the special circumstances of this case. 2. Whether the Court of Appeal was right to affirm the conviction of the Appellants by the trial court, for the three count charge of criminal misappropriation of N14,000,000.00. 3. Whether the Court of Appeal was right in affirming the order of the trial court, for restitution of the sum of N14,000,000.00 having regard to the facts and circumstances of this case. Arguments In arguing the first issue, Counsel for the Appellants stated that, the extra judicial statement of the 1st Accused person in Exhibits 11-14 which were heavily relied on by the lower courts, were not confessional statements or admissions of the offence of criminal misappropriation. Rather, they are defences that the payments were directed by the Chief Executive of Kwara State, and that the Appellants never intended to dishonestly cause any wrongful loss to Kwara State MDG which awarded the contracts. On the contrary, it was argued for the Respondent that, Exhibits 11-14 were confessional statements which were free and voluntary confessions of guilt and sufficient proof thereof, as long as they are direct and positive. On the second issue, the Counsel contended on behalf of the Appellant that, to constitute the offence of criminal misappropriation under Section 308 of the Penal Code Law, the Accused person must have misappropriated or converted to his own use, a moveable property or money, with the intention to cause a wrongful gain to himself or another, or to cause wrongful loss to any person. He argued that, these ingredients were not established in the instant case. Further, he stated that, elements of the offence must be inferable from the confessional statement, after the test of veracity of the confession has been carried out by the court. He relied on the case of BAKARE v STATE (1968) 1 All NLR 364 at 370, amongst other cases. He submitted that, the statement of the 1st Appellant, which the Prosecution termed as confessional, was not an admission of the commission of the offence, and that the essential ingredients of the offence were not made out. Counsel submitted that, there was doubt as to whom the N14 Million belonged to, and that
Hon. Ejembi Eko, JSC
In the Supreme Court of Nigeria Holden at Abuja On Thursday, the 21st day of February, 2019 Before Their Lordships Mary Ukaego Peter-Odili Chima Centus Nweze Amina Adamu Augie Ejembi Eko Sidi Dauda Bage Justices, Supreme Court SC960/2017 & SC961/2017 Between Oladimeji Mohammed Edun.........Appellant v Federal Republic of Nigeria. ...........Respondent And Zarab Ventures Limited ...........Appellant v Federal Republic of Nigeria. ...........Respondent (Lead Judgement delivered by Hon. Ejembi Eko, JSC)
the doubt should be resolved in favour of the Appellants. He referred to the case of ISAH v STATE (2008) NCC 578 at 609. In response, the Respondent stated that, the concurrent findings, conclusion and orders made were on firm ground, and the Supreme Court has no option but to uphold the earlier decision of the two lower courts. Finally, on the third issue, Counsel argued for the Appellants
“OWNERSHIP OF THE MONEY PAID TO THE 2ND APPELLANT AS CONSIDERATION FOR THE CONTRACT, REMAINS THE PROPERTY OF THE 2ND APPELLANT, AND IT WAS BEING MANAGED BY THE 1ST APPELLANT. IT FOLLOWS THAT, THE TWO CANNOT, IN THE CIRCUMSTANCES OF THIS CASE, BE GUILTY OF MISAPPROPRIATING THEIR OWN MONEY”
Court’s Judgement and Rationale In respect of the first issue, the Supreme Court referred to Section 28 of the Evidence Act and held that, a statement made by an Accused person will not be regarded as confessional, unless by the statement, the accused admits his guilt and/ or the commission of the offence he was charged with. The court also opined that a confessional statement proves the guilt, and not the defence or innocence of an accused person. To secure conviction for criminal misappropriation, it is necessary to prove that, the accused person had the necessary intention of causing wrongful gain on himself or another, or to cause wrongful loss to any other person. The statements in Exhibits 11-14 are not confessionals or admissions of the offence of misappropriation; rather, the statements are defences offered by the 1st Appellant, which shows that the Appellants never intended to cause wrongful loss to Kwara State MDG. Finally, the Court held that, Exhibits 11-14, which were part of the Prosecution’s case, were outright denials of the offence, and were at variance with the Prosecution’s case. The Prosecution had thereby, put forward, two versions of the same transaction – one inculpatory and the other, exculpatory. The contradictions were material, and they cast reasonable doubt on the case put forward by the Prosecution which ought to be resolved in favour of the Appellants, as the Court cannot pick and choose which account to believe where there are material contradictions in the Prosecution’s case - BOY MUKA v THE STATE (1976) 10 SC 305. In resolving the second issue, the Apex Court considered the definition of criminal misappropriation under Section 308 of the Penal Code, which states that “whoever dishonestly misappropriates or converts to his own use any movable property, commits criminal misappropriation.” The Court also considered the case of SAMUEL AHMADU SABO v COMMISSIONER OF POLICE (1973) NNLR 207 and held that, in each offence, an Accused person may be convicted for criminal misappropriation, if he dishonestly misappropriates or converts to his own use, property in his possession, even though he came into possession of that property by way of entrustment. The Court held that, the charges against the Appellants, state that the money was entrusted to the Appellants by Kwara State MDG, but none of the charges gave particulars of the terms by which the money was entrusted to the accused persons. However, the 1st Appellant gave evidence that, contracts were awarded to the 2nd Appellant, but the Governor of Kwara State directed that some of the contract sum be paid to certain politicians, and he complied with this directive. PW3, who should have confirmed the entrustment, denied it, but this was disbelieved by the trial court. Therefore, the evidence of the 1st Appellant stood unscathed. The undisputed evidence before the court, suggests that the 2nd Appellant was paid part of the agreed contract sum, being consideration payable by Kwara State MDG, for the drilling and provision of motorised boreholes. This rebuts the contention that, the Appellants were entrusted with the money for construction of boreholes. Their Lordships reasoned that while entrustment and dishonest misappropriation are the necessary ingredients of the offence of criminal breach of trust, entrustment is not necessarily an element of the offence of criminal misappropriation. Our jurisprudence does not approve of the notion that, an owner of a property can be convicted for misappropriating his own property. This was confirmed by the Supreme Court of India in A 1965 SC 1433 at 1436; 1965 CriLJ 431. Ownership of the money paid to the 2nd Appellant as consideration for the contract remains the property of the 2nd Appellant, and it was being managed by the 1st Appellant. It follows that the two cannot, in the circumstances of this case, be guilty of misappropriating their own money. Based on the foregoing, the Supreme Court considered the issue of restitution spent, as there was no basis to order restitution. The Court therefore, set aside the judgement of the Court of Appeal, and in its stead, made an order acquitting and discharging the Appellants. Appeal Allowed. Representation: Salman Jawendo, Esq. and I. E. Iyang, Esq. for the Appellants in both appeals. Faruk Abdullah, Esq. for the Respondent in both appeals. Reported by Optimum Publishers Limited (Publishers of Nigerian Monthly Law Reports (NMLR))
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TAX BREAKFAST SEMINAR L-R: Executive Chairman, Federal Inland Revenue Service (FIRS), Mr. Babatunde Fowler, Managing Partner, Hermon Barristers and Solicitors, Mr. Benjamin Obidegwu, Deputy Director Legal, FIRS, Mrs. Egodi Adedeji and Partner, Hermon Barristers and Solicitors, Dr. Jerome Okoro at a Tax Breakfast Seminar organised by KPMG at Lagos Intercontinental Hotel Victoria Island, recently
VALEDICTORY COURT SESSION Mrs. Adero Fadahunsi Olagbegi (left) and Chairman, Executive Committee of Magistrates Association of Nigeria, Lagos State Chapter, Chief Magistrate Adejumoke Olagbegi-Adelabu, at the Valedictory Court Session held in Akure, Ondo State in honour of her late father, Olowo of Owo, Oba D.V. Folagbade Olateru-Olagbegi, last week
Lagos CJ Pledges Support for Visually-Impaired Students, Orphans Akinwale Akintunde Lagos State Chief Judge,Honourable Justice Opeyemi Oke, has pledged the continued support of the State Judiciary to the inmates of the Bethesda Home for the Blind (BHB), Idi-Oro, Mushin, and orphans and abandoned children at Optimal Children Home (Orphanage), Isheri, Magodo, Lagos. Justice Oke made the promise when she visited the two homes last Thursday, to lend the support of the Lagos State Judiciary, and made donations to them along with Judges and Heads of Department of the Judiciary. The Chief Judge told the Visually-Impaired Students and management of Bethesda Home, that the State Judiciary will continue to support them, in all their activities. “Lagos State Judiciary, will never forget you. Anywhere I go after my tenure, I will continue to remind my successors on the need to continue to assist
you, because I want you to be happy every time”, she assured them. She assured them of more visits to the home, by the in-coming Chief Judges of the State. Justice Oke who expressed happiness about the academic excellence of the blind students and their determination to succeed in life, also assured those who are yet to pay their admission fees into different universities, of the support of the Judiciary for payment of such fees. While commending them for not allowing their challenges to draw them, she admonished them to be dedicated to their studies. “As long as you are dedicated to your studies, help will always come your way”, she said. The Chief Judge also commended one of the inmates, Mustapha Yusuf, a final year student of Philosophy at the University of Lagos (UNILAG),
Akoka, for his talent in Gospel Music and composing different tracks to soothe every challenge and positive situation confronting them. Responding to questions from journalists, Justice Oke remarked that her visits to the two homes were significant, as it was part of her programmes towards her bowing out of office. “We need to sow seeds into many lives, particularly the less privileged. We shouldn’t leave everything to the government. I am fulfilled that, despite their challenges, they still have the heart to thank God for His mercies. Earlier in her welcome address, Miss Philomena Cyprian, a 300-level student of Guidance and Counseling at the University of Ibadan, disclosed that 86 inmates of the Bethesda Home are in various universities across the country, studying different courses. She said 21 of the students would be graduating this year
from the universities with degrees, while 25 others wrote this year’s Joint Admission and Matriculation Examination (JAMB). “Your attitude to the less privileged, is not something we can sweep aside. Your life is worthy of emulation and has removed all the disorders in our hearts. Our joy is beyond measure”, Philomena remarked in appreciation of all the support promised them by Justice Oke. At Optimal Children Home, Isheri, Magodo, the founder, Mrs. Lola Ayo-Adedeji, disclosed that the Centre has 26 children in its care, out of which 22 are presently in schools. She said two orphans of the home, presently reside abroad. She said the children were abandoned by their parents, and picked from refuse dump on the streets, adding that, the visit by the Chief Judge and donation of different electrical appliances, has encouraged her to want to do more.
Adegboruwa, Ozoani, Rhodes-Vivour, 13 Professors, 64 Others Shortlisted for Elevation to SAN Akinwale Akintunde Eighty Lawyers have been shortlisted for consideration for the next conferment of the award of Senior Advocate of Nigeria (SAN) by the Legal Practitioners’ Privileges Committee (LPPC). Among the Lawyers are human rights crusaders, Mr. Ebun-Olu Adegboruwa and Mr. Emeka Ozoani, Mrs Adedoyin Rhodes-Vivour and 13 Professors. The duo of Adegboruwa and Ozoani are among the 64 in the ‘Advocate Category’, while 13 Professors are among the 'Academic Category'. The Professors are, Joseph Abugu, Damilola Olawuyi, Olaide Gbadamosi, Mamman Lawan, Uchefula Chukwumaeze, Oludayo Amokaye, Alphonsus Alubo, Rasheed Ijaodola, Sampson Erugo, Edward Oyelowo Oyewo, Oghenemaro Emiri, Bankole Akintoye Sodipo and
Police Charge Six with Assault, Malicious Damage Peter Taiwo
Appeal Court Dismisses Ecobank’s Winding-Up Petition against Honeywell Akinwale Akintunde The Court of Appeal sitting in Lagos, has ruled that the Federal High Court was wrong to have declined to grant an application filed by Honeywell Flour Mills Plc, seeking to dismiss a Winding-Up petition filed by Ecobank Nigeria Limited against it (Honeywell). The Appellate Court in a judgement delivered by Hon. Justice Biobele Georgewill and unanimously agreed to by Hon. Justice Tom Yakubu and Hon. Justice Gabriel Kolawole, held that the appeal filed by Honeywell through its counsel, has merit, and set aside the High Court decision. Honeywell Flour Mills Plc; Anchorage Leisures Limited
and Siloam Global Limited had sued Ecobank in suit No: FHC/L/CS/1219/2015, asking the court to declare that they were no longer indebted to Ecobank, having paid an agreed sum of N3.5 billion, as the full and final payment of their debt to the bank. The court however, made an order that, all parties should maintain status quo in the matter. Despite the pending suit between the parties, Ecobank proceeded to file a WindingUp petition against Honeywell on October 16, 2015 in Suit No: FHC/L/CP/1569/2015 along with a Motion Ex-parte, seeking five orders against Honeywell. But, Justice T. Tsoho of the Federal High
Court, Lagos, refused the application, adjourned the case, and directed the Applicant to put Honeywell on notice. Instead of putting Honeywell on notice as directed by the court, Ecobank on November 9, 2015, filed a subsequent Winding-Up petition against Honeywell before Justice M.N Yunusa in Suit No: FHC/L/CP/1689/2015, over the same subject-matter as the earlier petition. Justice Yunusa however, granted Ecobank’s WindingUp petition. Following Justice Yunusa’s decision granting Ecobank’s second Winding-Up petition, Honeywell filed a Motion on Notice on November 24, 2015, praying the court to discharge
the ex-parte orders and also dismiss the second petition, on the grounds of abuse of court process, amongst others. Justice Yunusa, in his ruling delivered on December 4, 2015, declined Honeywell’s application, by refusing to vacate all the ex-parte orders and also refused to dismiss Ecobank’s petition. Dissatisfied with Justice Yunusa’s decision, Honeywell through its Lawyer, Bode Olanipekun, SAN, promptly filed a Notice of Appeal on December 14, 2015, asking the Appellate Court to set aside Justice Yunusa’s ruling and dismiss Ecobank’s petition, for being an abuse of the
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Afeisimi Badaiki. In a newspaper advertorial signed by the (LPPC) Secretary/Chief Registrar of the Supreme Court, Hadizatu Mustapha, the body said the 80 shortlisted Lawyers had scaled through the first and second advocates’ filtration, academic pre-qualification exercise, and the appeal process, preparatory to the award of SAN for the year 2019. “Any complaint(s) presented to the Legal Practitioners’ Privileges Committee, must be accompanied with a verifying affidavit deposed to before a court of record in Nigeria. “10 copies of such comments or complaints, must be submitted at the office of the Secretary, Legal Practitioners’ Privileges Committee, at the Supreme Court of Nigeria Complex, Abuja, not later than 4:00 p.m. on Monday, 17th June, 2019”, it added.
The Nigeria Police has charged six men before a Lagos State Magistrate Court sitting in Igbosere, Lagos, for allegedly dispatching hoodlums armed with cutlasses and other dangerous weapons, to a parcel of land in Anthony area of Lagos, an offence punishable under Section 411 of the Criminal Law of Lagos State of Nigeria 2015. The six men who were arraigned before Chief Magistrate Folake Oshin, are Kayode Aiyetiwa, Badmus Gbenga, Monsuru Ajani, Abubakar Rotimi, Kayode Onasanya and Dele Abiodun Adeshina. The accused persons, who all pleaded not guilty to the charges, were also accused of assaulting one Ayodele Opeyemi and Lawal Abideen, thereby committing an offence punishable under Section 171 of the Criminal Law of Lagos State 2015. They were also charged with threatening violence, by using dangerous weapons to
chase away workers from the said piece of land and thereby committed an offence punishable under Section 56(1) of the Criminal Law of Lagos State of Nigeria 2015. In count five, the suspects were charged with assaulting one Akinluyi Onilere, by beating him with an iron rod on his head, which caused him grievous bodily harm, and thereby committed an offence punishable under Section 173 of the Criminal Law of Lagos State. All the offences were committed, between March and April 2017. In count six, the suspects were charged with damaging one bulldozer at a site located at Anthony, and thereby committed an offence contrary to to Section 339 and punishable under Section 350 of the Criminal Law of Lagos State 2015. The case has been adjourned to July 24, 2019, for continuation of trial.
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Stakeholders Brainstorm on how to Deepen the Growth of Technology, Media and Telecoms Law at DOA Annual Business Series Peter Taiwo Lawyers, industry practitioners, regulators and other stakeholders, were last Thursday brought together at the 2nd Annual Business Law series of Duale, Ovia & Alex-Adedipe (DOA), to brainstorm on how to deepen the growth witnessed so far, in the Nigerian market. The theme of this year’s event, which held at the Wheatbaker Hotel, Ikoyi, Lagos, was ‘Investment In Nigeria’s Telecommunication, Media and Technology Market’. And, the issues were exhaustively discussed, in three panels. A former Managing Director of Diamond Bank PLC, Mr. Uzoma Dozie, spoke on the need of the financial sector to go digital, to enhance efficiency in line with global trend. Sessions were on ‘Investment in Mobile Payment And Financial Inclusion’, focusing on the Nigerian Communications Commission and the Central Bank of Nigeria, and their regulatory duties in the mobile payment space. Panelists included Usoro Usoro of MTN Mobile Financial Services, Jay Alabrabra, Co-Founder, Pagatech Limited, and Adedeji Olowe, CEO, Trium Networks Limited.
Another session was chaired by Sanyade Okoli, CEO, Alpha African Advisory. There was also a session on ‘Technology Investment and the Growing Need for Intellectual Property Protection’, moderated by Kenneth Muhangi, an Intellectual Property Lawyer and Partner KTA Advocates, Uganda. The session also featured Mrs. Odunayo Eweniyi Co-Founder/COO Piggytech Global Limited. Muhangi said, in East Africa, Blockchain technology has been adopted and listed for IP protection. Kenneth Obiajulu, Co-Founder/CEO Farmgate Africa, Eloh Umeh, Founder, Terragon Group, both observed that, there is a need to pay more attention to the legal regime of IP protection, and that Lawyers and the regulators need to create a synergy to actualise this. Gbenga Haastrup, Chief Risk and Legal Officer InterSwitch, anchored another panel which was on ‘Nigerian TMT Investors – Opportunities and Investments Emerging Across The TMT Space in Nigeria.’ On the panel were Adetayo, Bamiduro, CoFounder and CEO of MAX.NG, Maya Horgan Famodu, Partner, Ingressive Capital, Olumide Soyombo, Founder, Bluechip Technologies Limited, and Eric Idiahi,
L-R: Elo Umeh, founder, Terragon Group; Soibi Ovia, partner, Duale, Ovia and Alex-Adedipe (DOA) Law Firm; Adeniyi Duale, managing partner, DOA Law Firm, and Adeleke Alex-Adedipe, partner, DOA Law Firm, at the 2nd DOA annual business series
Co-Founder, Verod Capital Management Limited. The event further strengthened the law
firm of Duale, Ovia & Alex-Adedipe, as a forerunner in the TMT advocacy in Nigeria.
Legal Personality of the Week Prince Ikechukwu Nwafuru
‘Lawyers must Innovate, or be ready to Perish’ Risks Aspects of Derivatives and Central Counterparty Clearing (CCP) Transactions. I was among the ten Young lawyers/ Risk officers/Compliance officers, who won the NSE Scholarship on the basis of the Essay Competition, across Nigeria.
Please, give a brief introduction of yourself My name is Prince Ikechukwu Nwafuru. I obtained a Law Degree from Ebonyi State University, Abakaliki, before proceeding to the Nigerian Law School, Lagos Campus. I am currently leading one of the teams in the Advocacy and Dispute Resolution Practice Group at Paul Usoro & Co. As a corporate and commercial litigation Lawyer with strong advocacy and research skills and some transaction experience, I have advised and represented indigenous and multinational clients on a broad range of practice areas and highly complex legal issues. I have also garnered some experience from Election Petition litigation, having been in the team that represented various clients at the Election Petition Tribunals up to the Supreme Court. Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges? The practice of law by its very nature, is fraught with challenges, and it is in successfully navigating through the labyrinth of these challenges, that you make your mark as a great Lawyer. These challenges range from, meeting timelines without sacrificing quality on the altar of speed, keeping to the tradition of first-class and quality legal services, dealing with few difficult clients who do not see things from Lawyers’ perspectives, to coping with work pressure and lack of quality time for family and friends. The others are regular challenges; frustration with the court system and peer pressure, etc. God has always steered me through these challenges. What was your worst day as a Lawyer? The days I fell short of expectations, constitute my worst day. Each time I work on any assignment, I strive to achieve excellence, by paying attention to detail and putting my best foot forward. I often feel distraught and sad, when despite all efforts and industry invested in an assignment, only to discover later, some avoidable and not-so-avoidable errors.
Prince Ikechukwu Nwafuru
However, I often take such disappointing moments in my stride, with a resolve to be more thorough going forward. What was your most memorable experience as a Lawyer? I have had a number of memorable moments, such that it would be difficult to pigeonhole them, in one most memorable experience. As a trial lawyer, I would start with my memorable courtroom experience. Recently, my Firm successfully arrested a Vessel to secure a maritime claim for a foreign client, based on maritime lien in a bunker supply transaction governed by the USA laws. The case involved a not-so-developed area in maritime law in Nigeria, and I played a pivotal role in that success story. Away from the non-exhaustive courtroom experience, another of my memorable experiences, was when my essay “How Companies Can Benefit from the Introduction of Exchange Traded Derivatives to the Nigerian Capital Market”, earned me a scholarship to the Nigerian Stock Exchange (NSE) Training on the Legal and
Who has been most influential in your life? As a Christian, I acknowledge God as the author of my life. I also appreciate my brothers and family, for their continued support and prayers. My mother (may her soul rest in peace) made a lasting impact in my life, and I will continue to miss her. Back in my University days, my lecturers impacted positive values in me. I appreciate Prof. Andrew Chukwuemerie, SAN, and Prof Omari Amaka, SAN. Our Senior Partner and the current President of the Nigerian Bar Association, Mr. Paul Usoro, SAN, has really influenced my life in very many positive ways. I also owe my modest experience in maritime law to our Managing Partner, Mrs. Mfon Usoro; and I regard Desmond Ogba, a Partner at Templars, very highly. Why did you become a Lawyer? At that younger age, when I made that decision, it was not so clear to me, beyond the admiration and fantasy that influenced my choice. But, I also knew then that, I needed a professional platform where I could make the most impact in the society. Law allows one, to engage in social engineering. I chose to become a Lawyer, because the profession affords me the noble platform to solve problems, help the helpless, add value, and partake in the creation of an orderly society. What would be your advice to anyone wanting a career in law? Let me borrow from the write-up of Ashvena Ankammah, the Founder & CEO at Nexus Academis “The real challenges of junior Lawyers in Africa.” In that article, Ashvena ventured into a very unpopular topic, advising young and aspiring Lawyers, not to build their career goal around money. Thus, “the first question you need to ask yourself
is, why? Why did you decide to study law? The second question is, what? What kind of Lawyer do you want to become? (a social engineer or a social parasite). Also, the third question is, who? Who do you look up to, to inspire yourself? Who are the leading players in the industry?” I believe anyone wanting a career in law, should be guided by the above principles. With the gradual disruption and intrusion by Artificial Intelligence and Technology in legal practice, both established and aspiring Lawyers must innovate, or be ready to perish. I am not unmindful of the fact that, at the moment, Nigeria does not have a deep market to accommodate the kind of specialisation, being preached today. What I propose in the stead, is a cluster specialisation which would allow a lawyer to specialise in two or three practice areas, rather than being a general practitioner or a jack-of-all trade. Tutelage or pupilage in a good firm, is also advisable. This will afford young Lawyers, the opportunity to understudy successful Lawyers and learn the business side of law. Partnership should be encouraged, as it provides budding Lawyers the opportunity to pull skills together, and benefit from economies of scale and shared values. Lastly, anyone wanting a career in law, should focus on equipping himself/herself with the right skills, towards providing value-added legal services in the 21st Century economy. Once you create value, money will follow. If you had not become a Lawyer, what other career would you have chosen? I would have been in the Fourth Estate of realm. Being a Journalist, would have provided me the opportunity to impact the society as well. Where do you see yourself in ten years? In ten years from now, I want to see in me, a more improved Lawyer, with the right skill set and attitude, providing solutions to clients’ even in most complex problems, whilst pursuing excellence and adding value to the legal profession and the society, at large.
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TALKING CONSTITUTIONAL DEMOCRACY DR. MIKE OZEKHOME, SAN, OFR, FCIARB, PH.D, LL.D
SMS only to 08098898888
Nigeria’s Presidential System: Taming the Unruly Bull in a China Shop (Part 7)
I
Introduction t was Molly Ivins that once theorised that, “we need to reform the political system, or we’ll lose the democracy. I don’t think it’s that hard. It doesn’t take rocket science. We’ve done it before successfully at the Presidential level, and tried it several places at the State level”. Last week, we dwelt on what constituted presidential system, and then commenced an exploration into the differences between presidential and parliamentary systems of government. We also considered the methods of separations, in the process of electing and/or selecting heads of government. Now, read on. Differences between Presidential and Parliamentary Systems of Government 2. Separation of Powers (Continues) President elected separately from Legislature In a presidential system, the President (who is the Chief Executive, as well as the symbolic head of government), is chosen by a separate election from that of the legislature. The President is elected directly by the people, and is answerable to the voters. The President then appoints his or her cabinet of Ministers. Ministers usually are not simultaneously members of the legislature, although, their appointment may require the advice and consent of the legislative branch. Because the senior officials of the executive branch are separately elected or appointed, the presidential political system is characterised by a separation of powers, wherein the executive and legislative branches are independent of one another. Presidents have great control over their cabinet appointees who serve at the President’s pleasure, and who are usually selected for reasons other than the extent of their congressional support (as in parliamentary systems). In contrast, the British Prime Minister is more constrained to represent his/her parliamentary party, in the Cabinet. The US represents the strongest form of presidentialism, in the sense that the powers of the executive and legislative branches are separate, and legislatures often have significant powers. The same applies to Nigeria. Parliamentary systems, unlike presidential systems, are typified by a fusion of powers between the legislative and executive branches. The Prime Minister (who is the Chief Executive), may be elected to the legislature in the same way that all other members are elected. The Prime Minister is the leader of the party that wins the majority of votes to the legislature (either de facto, or in some cases, through an election held by the legislature). The Prime Minister is a Member of Parliament, and is directly responsible to that body. The Prime Minister appoints Cabinet Ministers. However, unlike in the presidential system, these members are typically themselves legislative members from the ruling party or ruling coalition. Thus, in a parliamentary system, the constituency of the executive and legislature, are the same. If the ruling party is voted out of the legislature, the executive also changes. Continued co-operation between the executive and legislature, is thus, required for the government to survive, and to be effective in carrying out its programs. In a parliamentary system, the legislature holds supreme power. No Clear-cut Separation of Powers in a Parliamentary System Parliamentary systems are thus, characterised by no clear-cut separation of powers between the executive and legislative branches, leading to a different set of checks and balances, compared to those found in presidential systems. Parliamentary systems usually have a clear differentiation between the Head of Government and the Head of State, with the Head of Government being the Prime Minister or Premier, and the Head of State often being a figurehead, often either a President (elected either popularly or by the parliament), or a hereditary monarch (often in a constitutional monarchy).
“.....IN A PARLIAMENTARY SYSTEM, THE CONSTITUENCY OF THE EXECUTIVE AND LEGISLATURE, ARE THE SAME. IF THE RULING PARTY IS VOTED OUT OF THE LEGISLATURE, THE EXECUTIVE ALSO CHANGES....IN A PARLIAMENTARY SYSTEM, THE LEGISLATURE HOLDS SUPREME POWER”
Checks and Balances A host of Latin American presidential systems, have provided a further constitutional check on the power of the President in this regard, likely due to a history of authoritarian executive rule. For example, in Honduras, Mexico, Nicaragua, Panama and Paraguay, a President is not allowed to serve more than one elected term. In other countries, including Nigeria, Ecuador, El Salvador, Guatemala and the US, the President is not allowed to serve for more than two consecutive terms.
President Muhammadu Buhari
Total Responsibility by President It is also instructive to note that, in a presidential system, total executive responsibility is assigned to the President as an individual, not collectively to a Council of Ministers, as in the parliamentary system. The President’s cabinet is not made up of legislators, but of any individuals considered able by the President and approved by the Senate. In fact, legislators are barred from holding executive offices, and vice versa. Conversely, the President cannot make laws. He can veto, but the legislature can override, if there is broad consensus. A presidential system's separation of the executive from the legislature is sometimes held up as an advantage, in that each branch may scrutinise the actions of the other. In a parliamentary system, the executive is drawn from the legislature, making criticism of one by the other, considerably less likely. A formal condemnation of the executive by the legislature, is often considered a vote of no confidence. According to supporters of the presidential system, the lack of checks and balances means that misconduct by a Prime Minister, may never be discovered. Avenues for Criticism Critics respond that, if a presidential system's legislature is controlled by the President’s party, the same situation exists. However, it is instructive to note that, even in such a situation, a legislator from the President’s party, is in a better position to criticise the President or his policies, should he deem it necessary, since the immediate security of the President’s position is less dependent on legislative support. In parliamentary systems, party discipline is much more strictly enforced. If a parliamentary Backbencher publicly criticises the executive or its policies to any significant extent, then he/she faces a much higher prospect of losing his/ her party's nomination, or even outright expulsion from the party. Even mild criticism from a Backbencher, could carry consequences serious enough (in particular, removal from consideration for a cabinet post), to effectively muzzle a legislator with any serious political ambitions. 3. Legislative – Executive Terms and Removal from Office Another striking difference between presidential and parliamentary systems, is rooted in the power to remove a Chief Executive or to dissolve the legislature. In parliamentary systems, the Chief Executive’s term of office is directly connected to that of the legislature, while in presidential system, the terms are not linked. Separation of Powers In a presidential system, in harmony with the notion of separation of powers, presidents and members of the legislature are separately elected for a given period. Presidents have no authority, to remove members of the legislature. Premature removal of either legislative members or the President, can only be initiated by a vote in the legislative chamber and under particular conditions. In Nigeria, for instance, the procedure for removal of the President is quite herculean and rigid, such that it can be termed as an “almost impossible exercise”. (Section 143 of the Constitution). Thus, under normal circumstances, even if the political party that the President represents becomes a minority in either or both houses of the legislature, the President may still remain in his position for the full term for which he was elected.
Removal of Prime Minister In a parliamentary system, the Prime Minister can only be removed from office in two ways. The first is through a ‘no-confidence’ motion, which is usually filed by the opposition or a coalition of opposition parties. The “no confidence” motion calls for a vote in the legislature, to demonstrate that the legislature no longer has confidence in the Prime Minister (the Chief Executive) and his cabinet of Ministers. If the vote passes by a majority, the Executive, including the Prime Minister, is forced to step down. Since the Prime Minister and his cabinet of Ministers are members of the legislature, this brings about new legislative elections. The term of the Prime Minister, therefore, is generally linked to that of the rest of the legislature. The second step is that, the Prime Minister can be removed by his/ her own party members, in a setting outside of the legislature. For example, it is on record that, Prime Minister Margaret Thatcher was removed by her party vote, and replaced by John Major, during the Conservative Party caucus. 1. Legislative Function In parliamentary and presidential systems, the legislative body deliberates political, economic and social issues, and is required to enact new laws. One of the major differences of these systems, lies in the legislature’s power (or lack thereof) to formulate and initiate legislation. Policy Formulation In a presidential system, the legislature formulates its own agenda and passes its own bills. The legislature, typically formulates and introduces legislation. It is possible, nonetheless, that the legislature can and often work closely with the executive branch in formulating legislation, mostly when the same party is in power in both branches. The executive can draft laws, but members of the legislature must introduce them on the floor. Some presidential systems, however, limit the legislature’s power to amend the proposed executive budget, and a president may force the legislature to act on legislation within a certain period. Characteristics of Legislative Functions in a Presidential System or Governance are as follows: a. Law Making Functions: The legislature tends to have broad powers, to amend any legislation. However, lack of resources and other factors, may act to blunt this power. In some countries, like Mexico, during the period of one-party domination, the President effectively controlled the Congress’ lawmaking function. Standing and Ad-hoc Committees: b. Legislatures in presidential systems, are more likely to have specialised and permanent standing committees and subcommittees, with a number of professional staff to help draft, review and amend legislation. Large congressional staff in the United States, came about in the post-World War II years, with the greatest growth in the sixties and seventies. Staff and other resources, are typically much greater in the U.S. presidential system, than in the Latin American or other presidential models. c. Via the committee system, the legislature has extensive powers to call expert witnesses, members of the cabinet, presidential advisors, etc. for public or private hearings, before the legislature. d. The President can veto legislation, which can only be overridden by a two-third vote in the legislature. In parliamentary systems, the executive (meaning the Prime Minister, cabinet and bureaucracy) wheels the legislative agenda, and individual legislators have minimal political power, to introduce their own legislative initiatives. Characteristics of Legislative Functions in a Parliamentary System are as follows: Budget/Revenue: The chief executive and his/her cabinet, initiate any piece of legislation affecting the budget or revenue. In the UK and other similar models, legislatures can only amend legislation on narrow, technical terms. 1(To be continued). THOUGHT FOR THE WEEK “To assume all the powers, is not good for anybody. Power corrupts, and absolute power corrupts absolutely. All those experiments, have a bad ending”. (Rafael Correa).
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‘2019 SBL Conference will Go Beyond Rhetoric’ Again, the Nigerian Bar Association Section on Business Law (NBA-SBL), is set to host Lawyers from around the world, to its annual flagship event, the Annual Business Law Conference. This year’s Conference, is expected to be somewhat different from that of previous years, as the Section is bringing in expert resource persons from other jurisdictions, to speak on a wide range of issues, including the economy, foreign investments, laws regulating the business environment, health, security, remuneration for young Lawyers and many more. In a chat with Onikepo Braithwaite, NBA-SBL Chairman, Mr. Seni Adio, SAN spoke on the choice of this year’s theme ‘Growth, Investment and Employment: Beyond Rhetoric’, and why the Section is again, sponsoring 100 young Lawyers to the attend the event, which will hold at the Eko Hotel & Suites Expo Centre, from June 26 – 28, 2019. He also shared some of his thoughts on the state of the legal profession in Nigeria, and how the signing of the CAM Bill into law by the President, will go a long way to ease doing business in Nigeria, and make our business environment one of the most competitive in the world
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he 2019 Annual Business Law Conference is scheduled to take place in Lagos between June 26-28, 2019, and the theme is, “Growth, Investment & Employment: Beyond Rhetoric”. Do you think the conversations can be harnessed, to bring about practical and pragmatic solutions towards investments and economic growth? Absolutely. Indeed, that is not just implicit in the theme, it is explicit! We are getting beyond Rhetoric!!! To illustrate, a substantial portion of the Conference, is intended to perform a “TRIAGE” on the Nigerian economy. Triage is typically used in a medical context, and essentially means providing treatment in order of priority after diagnoses. The first plenary session will comprise of very senior business leaders and economists, who will perform the triage by, amongst other things, assessing key elements and areas of the Nigerian economy, and proffer interventions and solutions, in order of priorities on the immediate term, as well as, medium to long-term. We understand that the Conference will be held at Eko Hotel and Suites in Victoria Island, Lagos. How will your members and delegates register? Will it be online like last year? Are non-Members of NBA SBL, welcome at the Conference? Registration will definitely, be online. We have to be forward looking, and the Conference is open to Lawyers across the country and, indeed, globally, regardless of whether you are a member of the SBL or not, although we encourage our learned colleagues to join the Section, in order to be notified about and receive the benefits of the Section’s knowledge impacting programs throughout
the year. What plans do you have to ease the financial burden of the Conference for young Lawyers, and make it affordable for them to attend? We intend to sponsor about 100 young Lawyers, from various parts of the country and diverse institutions. For other Lawyers, it’s always a great idea, to take advantage of the early bird rates. For those attending gratis, we made the application process a bit interesting, by asking the prospective young delegates to record a video of themselves stating why they want to attend, and what they hope to accomplish by attending the Conference. We have received a deluge of responses, and many of them have been quite interesting and inspiring. The SBL has always had as part of its focus, attracting foreign investors to Nigeria. But, given the parlous state of our security nationwide, does this Conference have a segment to discuss insecurity and its attendant impact on investment? Indeed, we do. I don’t want to give too much away. However, the issue of security, is a conversation that we all have on a daily basis, and dare I say even repeatedly during the course of the day, whether at lunch, dinner, commuting to and from work, at watering holes – the list is endless. Specifically, we have a session with the acronym “HSE”, and I don’t mean Health, Safety and Environment, as the acronym is used in the oil and gas industry. Relating to the Conference, it means “Health, Security and Economy”. Thus, the issue of security (more like the lack thereof), will be incisively examined. OneofthemainattractionsofSBLAnnualConferences,isth eHealth Talk, where Lawyers have benefitted immensely from medical advice and screening by Nigerian medical
Seni Adio, SAN Photos: Kolawole Alli
doctors who come from abroad to discuss and even treat, various health issues. This has been relegated to the background in the past few Conferences, and yet, Lawyers are dying in worrisome numbers from stress, hypertension and other work-related health issues. What plans, if any, does SBL have to bring the health of Lawyers to the fore, during the 2019 Conference? Your assessment is correct, that the SBL historically has put the spotlight on the health of Lawyers and their overall health and wellbeing. This year, still keeping at the fore the wellbeing of our colleagues, we have a break-out session on issues concerning sexual and other forms of harassment in the workplace. It is a very important issue – the workplace should be a safe environment, so we have decided to give the issue priority this year. How does the SBL promote the delivery of qualitative business services to the public (directly or indirectly)? Definitely through our training programs implemented primarily through our specialty committees, of which we have approximately 22. To give one example, in March 2019 we launched the SBL Banking and Finance Academy, at which training was provided to young, mid-level and even senior Lawyers in the areas of banking and financial law and documentation. Notably, we had about six global
“WE INTEND TO SPONSOR ABOUT 100 YOUNG LAWYERS FROM VARIOUS PARTS OF THE COUNTRY, AND DIVERSE INSTITUTIONS. FOR OTHER LAWYERS, IT’S ALWAYS A GREAT IDEA, TO TAKE ADVANTAGE OF THE EARLY BIRD RATES”
international firms in-country, to provide training. Tellusabitaboutyourself? I used to be an avid runner, but I am not as consistent as I once was. I ran two Boston marathons, and ran several half-marathons in my younger days. My lineage is steeped in teaching, and law. My maternal grandfather, Pa J. S. Ogunlesi was nick-named “Accurate Man” at Igbobi College and taught students who became very noble and eminent Nigerians, including Professor Emeritus S. A. Babalola – Professor of African Languages and Literature, Professor Emeritus Vidal Fowler, and the corporate law icon, Chief (Dr.) Chris Ogunbanjo, OFR, CON. Similarly, my maternal grandmother, Chief (Mrs.) Tanimowo Ogunlesi founded Children’s Home School and Christ High School, both in Ibadan. Her students included Chief (Mrs.) Leila Fowler, MFR and Sir Remi Omotoso, MFR. In law, both my parents were jurists, my father, Hon. Justice Mashood Adio, Chief Judge (Rtd.), Oyo State, and mother, Hon. Justice B. A. Ogunlesi-Adio, was the Administrative Judge of the Ogun State High Court, before her early transition. My practice is focused primarily on commercial litigation/dispute resolution, competition law/ consumer protection, business advisory, and legislative advocacy. I am Managing Partner of Copley Partners, a litigation and business law boutique law firm. Going back to the Conference, what extra curricular activities do you have lined up? You had to go there! You know that, at the SBL we work hard, and we also know how to unwind. Amongst other activities, we have a health walk, and we are also considering a road race for those who fancy themselves as athletic, or just for the camaraderie. We also have a variety night, at which Lawyers who have gone into other spheres, discuss their sources of inspiration and how they veered into fashion, music, entertainment and other creative fields. Of course, we also have a household name and groundbreaking artist performing at our closing party, which promises to be a lot of fun. How would you describe the role of the Rule of Law in our Society?
The rule of law runs through the entire fabric and landscape of any society, and ours is no exception. You know, often times, we tend to think about the rule of law as something “magical” – it is not. Quite the contrary, in most facets and respects, it is quite simple and straightforward. It is the dispositions to skirt around rules, that, invariably, complicates matters. The Rule of Law, is perhaps, the oldest common law principle, dating to the magna carta. Lord Denning described the magna carta, as the “greatest constitutional document of all times”. It formed the basis of the American Constitution, in 1787. Here, one of our pre-eminent jurists described the rule of law and, I paraphrase as follows: The Rule of Law is a very serious matter, abhors arbitrariness, requires judicial independence, and is in the interest of the government all its citizens, per Oputa JSC. Ifyouweretoattemptacriticalassessment/diagnosisofthestateof the legal profession in Nigeria today, what would be your diagnosis, vis-à-vis global best practices? Integrity, integrity, integrity. Again, here too, the issue, the diagnosis and prescription are very simple. At the outset, I will tell you that, one cannot and must not, paint with broad strokes on this issue. The noise is always loudest, when people misbehave. However, nobody seems to care about or celebrate, those that innately and consistently do the right things. And, integrity includes the relationship amongst legal practitioners, and how we interact amongst ourselves. I can tell you that, if this quality can be taken for granted, we will not have the issues that have befallen us. Put another way, whereas, there is no jurisdiction where the system or the practitioners within it are perfect, there are very high levels of predictability in professional conduct and judicial decisions. Likewise, there are very high levels of congeniality, amongst legal practitioners. Indeed, oftentimes, the level of civility is so warm that, some Judges at times, proscribe certain types of agreements amongst counsel. To illustrate, it is commonplace for counsel to file Joint
“THE SIGNING OF THE CAM BILL INTO LAW, WILL NOT ONLY EASE DOING BUSINESS IN NIGERIA, IT PORTENDS MAKING OUR BUSINESS ENVIRONMENT, ONE OF THE MOST COMPETITIVE WORLDWIDE” Motions for Extension of Time and have counsel append the name of opposing counsel; or counsel to file a motion caption “Un-Opposed Motion for .....” At a minimum, that exemplifies two things, trust and collegiality. Trust, because you dare not sign someone’s name, without their explicit approval. And, likewise, you sign knowing that you will not get to court, and opposing counsel would disavow his prior approval. There are other areas that require immediate intervention including, reforming our Rules of Professional Conduct to be less nuanced and appositely address the conduct of legal practitioners, as well as fittingly align with various realities, including advancements in technology. Other issues, such as infrastructure, teaching syllabuses, continuing legal education, remuneration and so forth, are beyond the scope of this interaction. As a Senior Advocate of Nigeria, how doyou think the development of Nigeria’s legal industry would impact local businesses and foreign investments? Your question dovetails into some of the statements, which I made earlier. Succinctly stated, a robust, transparent and CONTINUED ON PAGE 10
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‘2019 SBL CONFERENCE WILL GO BEYOND RHETORIC’
predictable legal system, collectively constitutes the sine qua non for economic growth. Put another way, take away those ensembles and what will you have - chaos, anarchy, recession and possibly, even worse. Fortunately, while we have same way to go, there are many bright spots, and the mind set of a critical mass of those in leadership positions, is fiercely towards further development of a robust, transparent and predictable legal system. As the oft-quoted saying goes, “charity begins at home”, thus, I can personally attest to the many innovative developments in the Lagos State Judiciary, that are intended to and, most cases, facilitate prompt and transparent resolution of disputes and, simultaneously, penalise dilatory tactics by counsel. I believe I am also at liberty to
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reference the access to promptly resolving commercial disputes, under the auspices of the Lagos Court of Arbitration (LCA) and, equally notable, the training provided by the LCA in conciliation, mediation, arbitration and related matters. In sum, the importance of a robust, transparent and predictable legal system, cannot be over-stated. There are high hopes that the Companies And Allied Matters (CAM) Bill will make Nigeria’s business environment as competitive as its counterparts around the world, and create a new form of legal identity for Nigerian businesses; given its potential, shouldn’t this law be expeditiously passed? To answer the second part of your question, the law has already been passed by the
“THERE ARE OTHER AREAS THAT REQUIRE IMMEDIATE INTERVENTION, INCLUDING REFORMING OUR RULES OF PROFESSIONAL CONDUCT TO BE LESS NUANCED, AND APPOSITELY ADDRESS THE CONDUCT OF LEGAL PRACTITIONERS, AS WELL AS FITTINGLY ALIGN WITH VARIOUS REALITIES, INCLUDING ADVANCEMENTS IN TECHNOLOGY”
National Assembly. It is awaiting the assent of the President, and we are very hopeful that, His Excellency, President Muhammadu Buhari, GCFR, will assent to it. Regarding the first part of your question, the signing of the CAM Bill into law, will not only ease doing business in Nigeria, it portends making our business environment one of the most competitive worldwide. I am particularly passionate about this Bill because, amongst other things, it overwhelmingly favours Medium, Small and Micro Enterprises (MSMEs), by removing various unnecessary bottlenecks, such as the requirements of filing annual returns together with financial statement of affairs, providing for partnerships to have limited liability, incorporation of limited liability companies by single shareholders and directors specifically providing for holding of meetings through multimedia and, generally, attracting operators in the informal sector to take advantage of the benefits of incorporation/registration. Importantly, for large businesses, amongst other advantages, it provides for and encourages business rescue and re-organisations,
unlike the commonplace practice of receiverships and liquidations, as well as containing robust provisions on mergers and acquisitions. So, for the foregoing reasons and others too many to be mentioned, I wholeheartedly endorse the Bill and, pray that Mr. President assents to it. By the way, I would be remiss, if I fail to quickly add that, I make the foregoing statements not just personally, but also in my capacity as Chairman of the Nigerian Bar Association Section on Business Law (NBA-SBL). Is the Nigerian Bar Association - Section on Business Law (NBA-SBL) actively involved in the engagements to amend some of these business-related laws? If so, to what extent? Indeed, with every sense of humility, the NBA-SBL has been privileged to be working collaboratively with the Office of The Presidency, through the Presidential Enabling Business Environment Council (PEBEC). In similar vein, the SBL has also been collaborating with the National Assembly, and the Nigerian Economic Summit Group (NESG) on various aspects of law reform, concerning the ease of doing business in Nigeria and making our economy more competitive. Notably, the tripartite collaboration, culminated in the establishment of a special purpose vehicle called the National Assembly Business Environment Round Table (NASSBER), which is a landmark innovation evincing the unique cooperation and coordination between the Bar, Business Community, and Legislative arm of our National Government. Some of the law reform initiatives, include the CAM Bill previously discussed, amendments to the Investments and Securities Act, and the Omnibus Bill. I must, at this juncture, highlight the fact that, the NBA-SBL is able to provide the expertise and resources required for these collaborations, based on the sacrifice of the member law firms which provide personnel, finance and various other resources, pro bono, to the Section, to implement these initiatives. In closing what do you anticipate will be the take-away from the Conference? A succinct communique, proffering solutions for inclusive economic transformation, in which legal practitioners will be an integral part.
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Admissibility of Unregistered Title Documents in Nigeria: A Paradigm Shift towards Justice Moses Benjamin & 2 Ors v Adokiye Kalio & Anor [2018] 15 NWLR [Part 1641] 38 This article by Gbenga Bello, examines the position of the law vis a vis proof of ownership of landed property with unregistered documents of title, before the advent of Supreme Court’s landmark decision in the case of Benjamin v Kalio, which rendered the former position void, on account of it being inconsistent with the Constitutions of the Federal Republic of Nigeria
O
of the constitutionality of Section 20 of the Rivers State Land Instruments (Preparation and Registration) Law.
Background
ne of the most prevalent risks associated with the purchase and ownership of landed property in Nigeria, is the risk of a challenge to title to such property by a rival claimant. The bureaucracy and attendant high costs of registration and perfection of title to land in the various land registries located all over the country, usually leaves a purchaser overwhelmed when a rival claimant appears suddenly, with a seeming superior title document to the property. The situation is further aggravated by the fact that, in an ensuing suit over dispute to ownership of landed property, a party seeking a declaration of right to ownership has a steep mountain to climb. Such a claimant has an onerous task of leading credible evidence, to convince the court that he has a better to title to the property and can only rely on the strength of his case, rather than the weakness of his adversary’s case – See Okelola v Adeleke (2004) LPELR-2438(SC): Pastor J. Akinlolu Akinduro v Alhaji Idris Akaya (2007) LPELR-344(SC). Although the Supreme Court has in Idundun & Ors. v Okumagba & Ors. (1976) 9-10 SC 227 at Pp. 246-250, decided that title to land may be established by (1) proof by traditional history (2) by production of document of grant (3) by proving acts of ownership (4) by proving long undisturbed possession (5) proving ownership of adjoining lands, however, proof of title by documentary evidence in modern times has become more pervasive. It is in this context that, the proof of title to land by documentary evidence will be discussed. r Proving title to land by Documentary Evidence Prior to Benjamin v Kalio Prior to the decision in Benjamin v Kalio, a party seeking declaration of title to land, was expected to prove title, by tendering admissible title documents. One of the crucial conditions for the admissibility of any document relating to title, was that the title document must have been registered – See Okafor v Soyemi (2001) 2 NWLR (pt.698) 465; Obienu v Okeke (2006) 16 NWLR (pt.1005) 225; Alhaji Abubakar v Abubakar Waziri (2008) NWLR (pt.1108) 507; Nsiegbe v Mgbemena (2007) 10 NWLR (pt.1042) 364. Proof of title by a Certificate of Occupancy (C of O) is relatively easy, as the C of O itself or the certified true copy (CTC) thereof (in case of loss or destruction of the original), is admissible for the purpose of proving title – See Section 86(1) and 89 (e) of the Evidence Act. For unregistered documents (Deeds of Assignment and other Conveyance) however, the Supreme Court had been consistent that, where a document which purports to vest title in land is a registrable instrument and such instrument is unregistered, the unregistered document is inadmissible for the purpose of proving title to the land - Shittu v Fasawe (2006) All FWR (Pt 946) 671 at 690 -691 C-D: (2005) 14 NWLR (Pt 946) 671; Ogbimi v Niger v (2006) All FWLR (Pt 317) 390 at 400 D-H; Djukpan v Orovuyevbe (1967) I All NLR 134. The jurisprudential basis for the
“....IN MY JUDGEMENT; A PIECE OF EVIDENCE PLEADABLE AND ADMISSIBLE IN EVIDENCE BY DINT OF THE EVIDENCE ACT, CANNOT BE RENDERED UNPLEADABLE AND INADMISSIBLE IN EVIDENCE, BY A LAW ENACTED BY A STATE HOUSE OF ASSEMBLY UNDER THE PREVAILING CONSTITUTIONAL DISPENSATION”
inadmissibility of unregistered documents, is anchored on the fact that, by reason of several Land Instrument (Registration) Laws of various States, no instrument could be pleaded or given in evidence in any court as affecting land, unless the same had been registered - See Section 20 of the Land Instrument (Preparation and Registration) Law, Cap. 74, Laws of Rivers State 1999; Section 15 Land Instrument Registration Law (Cap L58), Laws of Lagos State of Nigeria 2005. The Supreme Court had, on this basis, rejected admissibility of unregistered documents relating to land until the case of Benjamin v Kalio was recently decided by it. Suffice to say however, that, unregistered title documents may be admitted in evidence for other purposes, other than to prove title. The Supreme Court had held in several cases that, although such unregistered instrument is not admissible to prove title, it is however, admissible to prove payment of money, coupled with possession, to establish an equitable interest in land which may give rise to enforcement by an order of specific performance - See Edokpolo & Co Ltd v Ohenhen (1994) 7 NWLR (Pt. 358) 511; Anyabunsi v Ugwunze (1995) 6 NWLR (Pt. 401) 255; Ogunbambi v Abowaba (1951) 13 WACA 22. r Benjamin v Kalio: The facts In this case, the Appellants instituted an action at the High Court of Rivers State, claiming declaration of title to a piece of land, and averred that the land formed part of a larger parcel of land originally owned by Chief Otopo, the founder of Otopo House of Abuloma town in Rivers State. The Appellants claim was also that the family enjoyed exclusive possession of the land, without any rival claim. The Respondent did not dispute the Appellants’ root of title to the land, but claimed that the disputed land was sold to them by the Appellants’ family, and that by reason of the sale, the Appellants ceased to exercise ownership rights over the disputed land. The Respondents tendered the Deed of Conveyance evidencing the sale transaction, which was admitted as Exhibit ‘L’ by the trial court, upon a finding that the deed of conveyance was properly pleaded and admissible. At the conclusion of trial, the court dismissed the Appellants claim, and granted the Respondent’s counter-claim and also awarded the Respondents damages for trespass. On appeal to the Court of Appeal, the Court of Appeal affirmed the judgement of the trial court, but reduced the award of damages from N1,500,000 to N750,000. The Appellants further appealed, to the Supreme Court. One of the issues raised at the Supreme Court, was whether Exhibit L, a registrable land Instrument which was not registered in accordance with the provisions of the Rivers State Land Instruments (Preparation and Registration) Law Cap. 74 1999, was admissible in evidence. In view of fact that, the issue touched on the interpretation of the Constitution, the Supreme Court empowered a full panel of Seven Justices of the Court, to consider the issue
t 5IF %FDJTJPO PG UIF 4VQSFNF $PVSU The Supreme Court considered the provisions of the Constitution, vis-à-vis the provisions of Section 20 of the Land Instrument Registration Law of Rivers State and Ejembi Eko JSC delivering the leading judgement of the Court, held as follows: “It is obvious to me, upon a painstaking and dispassionate perusal of Section 20 of the Law, Cap 74 of Rivers State, that the Rivers State House of Assembly had purportedly enacted a piece of legislation on evidence. Their legislative intent or purport is clear and categorical, that no land instrument, mandatorily registrable, which is not so registered ‘shall not be pleaded or given in evidence in any court as affecting land’. This is clearly an act of legislative trespass into the exclusive legislative terrain of the National Assembly prescribed by the Constitutions, since 1979. Section 20 of the Law Cap. 74 Rivers State, has therefore, rendered inadmissible Exhibit L, a piece of evidence that is relevant and admissible under the Evidence Act... ... ... ... In my judgement; a piece of evidence pleadable and admissible in evidence by dint of the Evidence Act, cannot be rendered unpleadable and inadmissible in evidence, by a law enacted by a State House of Assembly under the Prevailing constitutional dispensation.” Okoro JSC in his concurring judgement, was even more categorical when he held that, to the extent that Section 20 of the Land Instrument (Preparation and Registration) Law Cap 74, Laws of Rivers State, 1999 purports to legislate on the admissibility of a document, which is an exclusive preserve of the Evidence Act, the provision of the Law is void to the extent of its inconsistency with item 23 part 1 of the second schedule to the Constitution 1999, which places evidence on the exclusive legislative list. The Supreme Court therefore, unanimously rendered the provisions of State laws requiring registration as a pre-condition for pleading and admissibility of documents relating to title, unconstitutional and void for inconsistency with the Constitution. t &GGFDU PG UIF %FDJTJPO The effect of this judgement is clear, the first being that, a State law cannot purport to render inadmissible a piece of evidence which is admissible under the Evidence Act (a legislation enacted further to the exclusive legislative list of the National Assembly). By this token, the Supreme Court restated the cascading hierarchy of our laws. It would also appear that, the Apex Court has by implication overruled its earlier decisions in Shittu v Fasawe (2006) All FWR (Pt 946) 671 at 690 -691 C-D: (2005) 14 NWLR (Pt 946) 671; Ogbimi v Niger v (2006) All FWLR (Pt 317) 390 at 400 D-H; Djukpan v Orovuyevbe (Supra) which hitherto decided that, an unregistered title document cannot be pleaded and was inadmissible. Secondly, the relevant provisions of the various Land Instrument (Preparation and Registration) Laws of the various States which states that, unregistered instruments cannot be pleaded and admitted to prove title, are now void for being inconsistent with the Constitution, as such objections to their admissibility for the purpose of proving title to land are no longer tenable in our courts, based on the Supreme Court’s decision in Bejamin v Kalio. Furthermore, this decision brings an encouraging comfort to purchasers of land or property who are yet to register their title, to use Conveyances to prove their title in court, and thereby doing away with technical objections to admissibility of such instruments. This decision lends support to commercial pursuit, as it will encourage transfer of property with relative ease, so that a purchaser who is yet to register his title will, nonetheless, be able to prove his title by evidencing the sale and conveyance without technical objections. This, in the writer’s view, is a move towards achieving justice over technicalities, in our courts. Gbenga Bello, Legal Practitioner, Partner, Folashade Alli & Associates, Lagos
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INSOLVENCY DISCOURSE DR. KUBI UDOFIA
k.udofia@live.com
Exploring a Liquidator’s Power to Disclaim Arbitration Agreements
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The Liquidator’s Power to Disclaim Contracts ommencement of winding-up proceedings, does not automatically terminate the affected company’s pre-insolvency contracts, save in some exceptional cases. Some pre-insolvency contracts, may be useful for the beneficial winding-up of the company. For instance, contracts for the supply of utilities and other basic services, may be essential for an advantageous winding-up. It may also be cost-effective or time-saving for a liquidator to maintain existing contractual relationships, rather than engage in new transactions. Not all pre-insolvency contracts, may be beneficial to the company. Some transactions may be laced with burdensome obligations, without appreciable or commensurate benefits. In other cases, a liquidator may realise that, there are far cheaper alternatives with comparably less onerous obligations. In these instances, performing obligations under those contracts, may injudiciously dissipate the company’s limited resources. Section 499(1) of the Companies and Allied Matters Act, 1990 (“CAMA”) empowers a liquidator to decline performing pre-insolvency contractual obligations, which the liquidator views as being onerous. Under this provision, a liquidator may, subject to leave of court, disclaim property of the company consisting of (i) land of any tenure burdened with onerous covenants, (ii) shares or stock in companies, (iii) unprofitable contracts and (iv) any other property that is unsaleable or not readily saleable by reason of its binding the company to perform an onerous act, or to the payment of any sum of money. The liquidator’s power to disclaim, is one of the mechanisms with which corporate insolvency law furthers its assets-preservation objective, for the benefit of the general body of creditors. Liabilities which arise from onerous or unprofitable contracts after the commencement of the winding-up proceedings, will rank as expenses of the liquidation: Re Nottingham General Cemetery [1995] Ch 683. A disclaimer obviates the need to fritter the debtor’s assets, in performing obligations under such unbeneficial contracts: In re Park Air Services Plc. [2000] 2 AC 172 at 184. In addition, the company is relieved of burdensome contractual obligations that may have contributed to its insolvency – albeit belatedly: Chattanooga Memorial Park v Still, 574 F.2d 349 at 350–351 (6th Cir.1978). Effect of a Disclaimer on Contracts A liquidator can only disclaim, executory contracts. Executed contracts, cannot be disclaimed: Capital Prime Plc v Worthgate Ltd (2000) 1 BCLC 647. The most widely accepted definition of executory contract, is Professor Vern Countryman’s exposition. According to Professor Countryman, executory contracts are agreements under which the obligations of both the insolvent entity and the other party to the contract, are, so far, unperformed, that the failure of either to complete performance would constitute a material breach excusing the performance of the other: Countryman V., Executory Contracts in Bankruptcy: Part I, 57 Minn. L. R. 439, 460 (1973). In essence, a disclaimer is a unilateral
repudiation of an executory contract. The executory contract is determined from the date of the disclaimer, together with the rights, interests and liabilities of the company in the disclaimed contract or property: Section 499(2) of CAMA; Re Park Air Services Ltd (1996) 1 BCLC 547 at 549. A disclaimer does not have the effect of a rescission. There is no retrospective termination, of accrued rights and liabilities. The company is only released from all future obligations, under the disclaimed contract: Re No. 1 London Ltd [1991] B.C.C. 118 at 119. This explains why only executory contracts, are capable of being disclaimed. Executed contracts that have been fully or substantially performed cannot be disclaimed. Instructively, the repudiatory breach from a disclaimer, relates back to the date immediately preceding the commencement of the insolvency. This effectively makes counterparties who are injured by a disclaimer, pre-insolvency unsecured creditors. Section 499(7) of CAMA provides that a counterparty injured by a disclaimer, is deemed to be an unsecured creditor to the amount of the injury, and is entitled to prove in the winding up. This may be a source of irritation, to such counterparties. As unsecured creditors, they may likely receive nothing or at best, a small fraction of the damages, as opposed to full compensation. Disclaiming an Arbitration Agreement Arbitration Agreements as Executory Contracts A typical arbitration agreement, will fit into Professor Countryman’s definition of an executory contract. Typically, an arbitration clause imposes reciprocal obligations on counterparties, to resolve disputes through arbitration. So long as the parties have not duly referred disputes to arbitration, there remains unperformed obligations. By their nature, arbitration agreements are often executory, as opposed to being
executed. Where a party has exercised its right under the arbitration agreement and referred a dispute to arbitration, the arbitration agreement becomes an executed agreement. Once executed, arbitration clauses cannot be disclaimed. Where arbitral proceedings have commenced prior to the commencement of insolvency proceedings, although the arbitral proceedings may be stayed pursuant to Section 417 of CAMA, a liquidator cannot disclaim the arbitration clause at that point, as it has become executed. This position may be contrasted with the position under Polish law, which provides that, in the event of insolvency, arbitration clauses become a nullity: Syska v Vivendi Universal SA [2008] EWHC 2155 (Comm). Disclaiming All or Nothing and the Principle of Separability In exercising his power to disclaim contracts, a liquidator must disclaim all or nothing. A liquidator who seeks to disclaim a contract, must disclaim the whole contract. The liquidator will not be permitted to disclaim just a part of the contract and adopt, assume, or take benefit of other parts. A liquidator must thus, disclaim the whole contract, or adopt the whole contract for performance. With regard to arbitration agreements, it is settled that, arbitration clauses are separable from their underlying contracts. In consequence, arbitration agreements usually survive their underlying contracts, and remain in force after the termination of the underlying contracts: NNPC v Klifco (Nigeria) Ltd (2011) 10 NWLR (Pt 1255) 209 at 242B-D; BCC Tropical Nigeria Ltd v Government of Yobe State (2011) LPELR-9230(CA) 14A-F. As previously explained, a disclaimer amounts to a repudiation of the contract. Where a contract is disclaimed, an arbitration clause in the contract, ought to survive the “repudiation”, given the principle of
“ACCORDINGLY, WHERE A COMPANY WOULD BE REQUIRED TO EXPEND LARGE SUMS OF MONEY, AS SECURITY FOR COSTS AND EXPENSES OF THE ARBITRATION, IT WOULD CONSTITUTE A JUSTIFIABLE GROUND, FOR A COURT TO GRANT LEAVE TO DISCLAIM THE ARBITRATION AGREEMENT”
separability of arbitration agreements. This was the reasoning in Selby’s Market Inc v PCT, 2007 WL 788921 (D. Del. 3/16/07) where a U.S District Court held that, since rejection (which is substantially the functional equivalent to a disclaimer) under Section 365 of the U.S. Bankruptcy Code constitutes a breach of a contract, as opposed to a termination, cancellation or rescission, it stands to reason that, an arbitration clause survives rejection of the underlying contract. Accordingly, a liquidator who desires to disclaim the arbitration clause with its underlying contract, would have to specifically and independently disclaim the arbitration clause. Disclaiming the underlying contract alone, will not automatically amount to a disclaimer of the arbitration clause in the contract. This may be viewed as an exception to the rule that, a liquidator may either disclaim all or nothing. However, a better view is that, this does not fall within the purview of that rule, given that arbitration clauses are separable and distinct agreements from their underlying contracts. Requirement of leave of court A liquidator’s power to disclaim, is subject to leave of court, a requirement which English law has jettisoned in its present insolvency law -- the 1986 Insolvency Act: Re Hans Place Ltd [1992] BCC 737 at 746. A court will have to be satisfied that, an arbitration agreement which the liquidator seeks to disclaim, is unprofitable. A liquidator may satisfy this requirement, by showing that referral of a dispute to arbitration, may result to the company incurring enormous costs to the detriment of the creditors. In Re CAN 103 753 484 Pty Ltd (in Liquidation) formerly Blue Chip Devt. Corporation Ltd [2011] QSC 64, the Supreme Court of Queensland in Australia granted leave to liquidators to disclaim an arbitration agreement, on the basis that it imposed undue and burdensome financial obligations on the company, to the detriment of its creditors. For instance, the arbitration agreement required the company, on referring a dispute to arbitration, to, inter alia (i) pay $20,000 to each defendant, (ii) pay all arbitrator’s anticipated costs, and (iii) incur travelling and accommodation expenses to the city of the arbitration. Accordingly, where a company would be required to expend large sums of money, as security for costs and expenses of the arbitration, it would constitute a justifiable ground, for a court to grant leave to disclaim the arbitration agreement. Postscript Although still a largely uncharted path, there is no reason why a liquidator, should not be able to disclaim an arbitration agreement. The conundrum however, appears to be the uncertainty, in relation to the remedy which the injured counterparty is entitled to. Section 499(7) of CAMA provides that, injured parties are entitled to prove for damages as unsecured creditors. However, it is settled that, the appropriate remedy for breach of an arbitration agreement is not damages, but the enforcement of the agreement: Onyekwuluje v Benue State Government [2015] 16 NWLR (Pt 1484) 40 at 88D-F. Ordering specific performance, would defeat the very purpose of the disclaimer. It would tantamount to, reversing the disclaimer.
28.05.2019
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INSIGHT ABUBAKAR D. SANI
xL4sure@yahoo.com
08034533892
Sickle Cell Marriages: To be or not to be?
T Introduction
he Law recently passed by the Anambra State House of Assembly, which reportedly bans marriages between couples who fail to present evidence of their sickle cell status, deserves more than passing scrutiny. The Anambra State Sickle Cell Disease Control and Eradication Law 2019 has the declared goal of eradicating sickle cell anaemia in the State, as well as protecting those living with it from discrimination, stigma, abuse and exploitation. This is all well and good, of course. However, as ever, the problem lies in the enabling legal framework. None of this is more compelling than the Constitution of the Federal Republic of Nigeria 1999. To the extent that, all laws owe their validity to the Constitution, it is worthwhile to ponder to what extent, if any, the said law is consistent with the Constitution. Does Anambra State or any other State in the Federation, have the power to regulate marriage or otherwise prescribe conditions for their solemnisation, in the manner which the Anambra Law does? Come to think of it, is the National Assembly itself competent to lay down what amounts to roadblocks or obstacles, under whatever guise, in the path of intending couples? Let’s find out. Object of the Law As previously stated, the law bars parents, guardians or any other group(s) of persons from giving out their children/wards in marriage, without first demanding (and obtaining) a certificate of the sickle cell status of those children/wards. It provides further that, no religious body or marriage registry “shall perform solemnisation of Holy Matrimony” between couples who wish to tie the knot, without first obtaining a sickle cell disease prevention certificate from the couple. To give teeth to the Law, it prescribes a sentence of three years imprisonment and/or a fine, to those who contravene it. To ensure compliance with its provisions, the Law establishes a structure (called the “Monitoring Committee”) to be constituted in accordance with its provisions. By the way, . . . What is Sickle Cell Disease? According to Wikipedia, the free online data source, “sickle cell disease is a group of blood disorders, typically inherited from a person’s parents. The most common type, is known as ‘sickle cell anaemia’. It results in an abnormality in the oxygencarrying protein haemoglobin found in red blood cells, which leads to a rigid, sickle-like shape under certain circumstances. Typically beginning from around 5-6 months of a person’s life, it manifests in a number of health problems such as attacks of pain (sickle cell crisis), anaemia, swelling in the hands and feet, bacterial infections and stroke. Sickle cell disease occurs when a person inherits two abnormal copies of the haemoglobin gene, one from each parent. A person with a single abnormal copy does not usually have symptoms, and is said to have sickle cell trait. Such people are also referred to as carriers. Three quarters of sickle cell cases, reportedly occur in Africa. A recent report by the World Health Organisation estimated that around 2% of new born babies in Nigeria were affected by sickle cell anaemia, giving a total of 150,000 affected
“PRESCRIBING PROOF OF ONE’S HEALTH STATUS AS A CONDITION FOR SOLEMNISING MARRIAGE, IS ONE OF THE MOST INVIDIOUS FORMS OF DISCRIMINATION, TO EVER BE CODIFIED IN OUR STATUTE BOOKS. IT IS NOT ONLY UNPRECEDENTED: IT IS UNACCEPTABLE.....THE SAID ANAMBRA STATE LAW IS SIMPLY ULTRA VIRES, INVALID, NULL AND VOID”
children, born every year in the country. Diagnosis is by a blood test, and some countries test all babies at birth for the disease. Diagnosis is also possible during pregnancy. Care of people with sickle cell disease may include, infection prevention with vaccination and antibiotics, high fluid intake, folic acid supplementation, pain medication and blood transfusion. A small percentage of people, can be cured by a transplant of bone marrow cells”. Is Legislation Appropriate for Tackling the Disease? While it is undoubtedly the raison d’etre of any Government to ensure the welfare and security of its people, it is equally clear that this constitutional obligation, is not a licence for a Government to pass any legislation which might violate the civil liberties of the self-same people. Does the Anambra anti-sickle cell disease law, fall into this category? Well-intentioned as the law evidently is, does it go too far? Does the State Government even possess the Constitutional vires to prescribe conditions for celebrating or solemnising marriages? We shall investigate presently, but it does seem that, on a global scale (at least as far as my limited research goes), the Law is an extreme case of State intervention in a situation that is admittedly worrisome, if not actually of epidemic proportions. Mercifully, (because it is hereditary and not contagious), sickle cell disease is neither ebola nor HIV. Little wonder, then, that even in the United States where the prevalence rate of the disease is approximately 1 in 5000, State intervention has been restricted to routine neonatal and new born baby screening. Indeed, in that country, sickle cell disease is recognised by the U.S. Social Security Administration, for the purposes of disability claims - no more. Why is Nigeria different? That is the question. What better place to start than the Constitution? According to Item 61 of the Exclusive Legislative List (read along with Section 4(3)) of the 1999 Constitution of the Federal Republic of Nigeria, “the formation, annulment and dissolution of marriages other than marriages under Islamic law and customary law” is the exclusive preserve of the National Assembly. By virtue of Item 68 of the same List, this power extends to “any matter incidental or supplementary to any matter mentioned” in the List. Assuming without conceding that the health status of intending couples, can be considered to be incidental or supplemental to the powers of the National Assembly to regulate marriages under the Constitution, that power resides where it is in the Constitution - with the National Assembly, and not the Anambra or any other State House of Assembly. That is not the end of the story, however, as Item 1(i) of the Fourth Schedule to the Constitution provides that, the registration of marriages is one of the functions of a local government council. In KNIGHT, FRANK & RUTLEY v ATT-GEN. OF KANO STATE (1998) 7 NWLR pt. 556 pg. 1 @ 19, the Supreme Court held that, it is wrong for a
State Government to encroach on the functions specifically reserved for local governments under the Constitution. This position, ipso facto, clearly invalidates the said Anambra State Sickle Cell Law under review. In this regard, see HON. MIN. OF JUSTICE & ATT-GEN. OF THE FED. v ATT-GEN OF LAGOS STATE (2013) All FWLR pt. 704 pg. 1 @ 41D where the Supreme Court held that, “The power of the State Government to legislate on a given matter, must be traceable to the body of the Constitution, either in the Exclusive Legislative List or the Concurrent Legislative List or Residual List and any matter outside the ambit of the said Constitutional provisions is null and void”. Not even the HIV epidemic or the recent ebola scare, justified the National Assembly in enacting a law similar to the one under review. It simply smacks of discrimination, which is inconsistent with relevant provisions of both the Constitution and the African Charter on Human and Peoples Rights (Section 42(1) and Article II, thereof, respectively). Prescribing proof of one’s health status as a condition for solemnising marriage, is one of the most invidious forms of discrimination, to ever be codified in our statute books. It is not only unprecedented: it is unacceptable. The only fundamental right which may be restricted on health grounds, is the right to liberty (in the case of persons suffering from infectious or contagious diseases, vide Section 35(1)(e) of the 1999 Constitution). As the Apex Court made clear in ATT-GEN. OF BENDEL STATE v ATT-GEN. OF THE FED. (1981) 10 S.C. 131, “under a Constitution conferring specific powers, a particular power must be granted, or it cannot be exercised”. In other words, in the light of all that has been said above, it is doubtful if the National Assembly itself, can validly enact the provisions of the law under review, without violating the right to freedom from discrimination. (Quare: is the Same-Sex (Prohibition) Act objectionable on this ground?). If the National Assembly lacks that capacity, notwithstanding the express provisions of the Constitution which empower it to regulate marriages, how much less a regional (or State) Legislature? To put it plainly, to the extent that determining the health status of would-be couples is not contained in either Concurrent or Residual Legislative Lists of the Constitution, the said Anambra State Law is simply ultra vires, invalid, null and void. Conclusion Legislative intervention must never succumb to the temptation of either playing to the gallery, or the Machiavellian mindset of the end justifying the means. Thus, legislators, at all levels, must consciously strive to exercise their powers, within the four corners of the Constitution. No matter how compelling a situation might be, or how deserving of their intervention an ‘emergency’ might seem, any law passed in excess or violation of their Constitutional powers, would simply be dead on arrival.
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28.05.2019
The Re-Appointment of Azinge, SAN, OON, FNIALS as a Member of the Commonwealth Secretariat Arbitral Tribunal Professor Paul Idornigie, SAN salutes Professor Epiphany Azinge, SAN on his re-appointment as a member of the Commonwealth Secretariat Arbitral Tribunal (CSAT), for a second term of four years, while examining the establishment, jurisdiction and mode of appointment of members, to the CSAT
O
n 1st June, 2015, Professor Epiphany Azinge, SAN, was appointed a member of the Commonwealth Secretariat Arbitral Tribunal (CSAT) for a period of four years. He has just been reappointed for another term of four years, as a nominee of the Federal Government of Nigeria. This write-up is meant to situate the re-appointment of Professor Epiphany Azinge, SAN as a member of the Commonwealth Secretariat Arbitral Tribunal (CSAT). In this context, to underscore the significance of this re-appointment and the honour done to Professor Azinge, SAN and Nigeria, we shall examine the establishment of the Commonweath Secretariat and CSAT, the jurisdiction of the CSAT and the procedure for the re- appointment of members of the CSAT.
by the President. Professor Azinge, SAN, is in good company. The Acting President of CSAT is Mr David Goddard, QC (New Zealand). Other members include, Justice Marva McDonald-Bishop, CD (Jamaica), Justice Aruna Devi Narain (Mauritius) and Catherine Callaghan, QC (UK) More details on the CSAT can be found at www.thecommonwealth.org.
Professor Epiphany Azinge, SAN
Establishment of the CSAT The Commonwealth Secretariat, established in 1965, is an intergovernmental organisation of 53 member States, that were mostly territories of the former British Empire. It is a voluntary association, of now independent States. The States are in the following regions: Africa, Asia, Caribbean and Americas, Europe and the Pacific and are diverse – they are among the world’s largest, smallest, richest and poorest countries. 31 of the members, are classified as small States – countries with a population size of 1.5 million people or less, and larger States that share similar characteristics with them. All members subscribe to the Commonwealth values and principles, outlined in the Commonwealth Charter. The African Region has the highest number of States, followed by the Caribbean and Americas. The Commonwealth Secretariat Arbitral Tribunal was established by the Commonwealth Governments vide Article I of the Statute of the Commonwealth Secretariat Arbitral Tribunal. The Statute was adopted on 1 July, 1995, and has been amended by the Commonwealth Governments on 24 June, 1999, 18 February, 2004, 14 May, 2005, 16 May, 2007 and 28 May, 2015. Jurisdiction of the CSAT Article II of the Statute provides for the jurisdiction of the CSAT. has jurisdiction to hear and determine any application brought by: (a) a member of staff of the Commonwealth Secretariat; (b) The Commonwealth Secretariat; Essentially the CSAT (c) any other person who enters into a contract with the Commonwealth Secretariat; which alleges the non-observance of a contract in writing with the Commonwealth Secretariat, and includes in relation to a contract of service, the nonobservance of the contract of employment or terms of appointment of such member of staff, and in relation to a contract for services the non-observance of the terms of the contract. The CSAT also has jurisdiction to hear and determine an
application involving an international or intergovernmental Commonwealth body or organisation, which meets the requirements set out in Annex A to the Statute. Selection and Appointment to the CSAT Annex B to the Statute, deals with the Procedure for the Selection and Appointment of Members of the CSAT. When a vacancy occurs or is about to occur, the Commonwealth Secretariat notifies Member Governments in the region(s) concerned, the Commonwealth Secretariat Staff Association and the Commonwealth legal fraternity, and invites nominations. At the end of the specified time period, the Commonwealth Secretariat compiles a list of the nominees proposed by Member Governments, and circulates the list to Member Governments for their consideration and Commonwealth Secretariat Staff Association for its information. Member Governments then meet, to select the President or member as the case may be. Member Governments carry out the selection on a regionally representative basis, taking into account the need for continuity and the maintenance of an appropriate gender balance. In re-selecting members of the CSAT, Member Governments may take into account any views expressed by the Commonwealth Secretary General and the Commonwealth Secretariat Staff Association. The Commonwealth Secretary formally appoints the President or Member as the case may be, to serve a period not exceeding four years in the first instance. Members are eligible for re-appointment, for another term of four years only. This is also provided for in paragraph 4 of Article IV. In the case of Prof Azinge, SAN, he was nominated by the Honourable Attorney-General of the Federation & Minister of Justice on behalf of the Nigerian Government. The nomination was sent to the Honourable Minister of Foreign Affairs, who commenced the lobbying process in the African Region. From the African region, Prof Azinge’s
“PROFESSOR AZINGE, SAN MET THESE REQUIREMENTS, AS A DISTINGUISHED ACADEMIC AND UNDENIABLY, A QUINTESSENTIAL LEGAL LUMINARY. HIS REAPPOINTMENT TO THE TRIBUNAL, IS A GREAT HONOUR” nomination was sent to the Commonwealth Secretariat for consideration and approval, by Member Governments. This is the procedure, that produced Prof Azinge, SAN. Article IV of the Statute provides that, the CSAT shall consist of eight members who shall be nationals of Commonwealth Member States, and that no two members may be nationals of the same member State. Members of the CSAT shall be of high moral character and must: a) have held, hold or be qualified to hold high judicial office in a Commonwealth country; or b) be jurisconsults of recognised competence with experience as such for a period of not less than ten years. Professor Azinge, SAN met these requirements, as a distinguished academic and undeniably, a quintessential legal luminary. His re-appointment to the Tribunal, is a great honour. Thus, Members are recognised as persons of high moral character, who currently hold or have held high judicial office in a Commonwealth country or who are jurisconsults with at least 10 years’ experience. According to the provisions of paragraph 5 of Article IV of the Statute, the Tribunal hearing an application shall be composed of three members ,empanelled
Profile of Professor Azinge Professor Azinge, SAN has an intimidating profile. He was born on the 13th day of November, 1957 in Aba, Abia State although he hails from Asaba, Oshimili South L.G.A of Delta State. He attended St. Patrick’s College, Asaba between 1970 and 1975 and then proceeded to the University of Lagos in 1976, where he obtained a degree of Bachelor of Laws with a Second Class Upper Division. He was called to the Nigerian Bar in 1980, and proceeded to the University of London for his LL.M degree, specialising in Comparative Constitutional Law and Shipping Law in 1983, and completed his PhD in 1986, writing his doctoral thesis on “Electoral Laws in Nigeria. To demonstrate his extreme passion for education, Prof Azinge taught at the University of Benin. He also taught at the Nassarawa State University, free of charge. At the University of Benin, he held several positions in academics and administration. Professor Azinge, SAN was appointed Special Assistant to the Honourable Attorney- General of the Federation and Minister of Justice (HAGF), where he served from 1991 to 1997. He was elevated to the status of a Senior Advocate of Nigeria, in 2006. Professor Azinge, SAN has published extensively in diverse areas in local and international journals, and also edited several books. In May 2009, he was appointed the 5th Director General of the Nigerian Institute of Advanced Legal Studies (NIALS), where he demonstrated outstanding passion for legal scholarship and education, and edited over 63 books and journals. Outside his academic career, he is actively involved in community development. He is the Founder of the Sojourners Medicate Foundation, which he personally funds to help accident victims on the highway, as well as award of scholarships to indigent Nigerians. He is a Member of the International Bar Association and Chartered Institute of Arbitrators. In recognition of his academic and administrative achievements, he was awarded honorary LLD in 2013 by the Commonwealth University, Belize and conferred with the National Honour - Officer of the Order of the Niger (OON) in 2014 by the Federal Government of Nigeria. He is a distinguished Fellow of the Nigerian Institute of Advanced Legal Studies. Professor Azinge is happily married to Dr (Mrs) Valerie Azinge, SAN, and they are blessed with four children. Professor Paul Obo Idornigie, SAN, PhD, C.Arb, Nigerian Institute of Advanced Legal Studies, Abuja, Nigeria
28.05.2019
THE LIGHTER SIDE/15
LEGAL HUMOUR
We Hold Your Brief TOBI SONIYI Dear Counsel, A Lawyer I was directed to, has refused to take any action on my case, for over two weeks I told him of my problem. He even directed me to first report the case to the Police. This I did, but I didn’t expect much from the Police, and they actually did nothing. I have been having problems with my neighbours, who have continuously complained that, my dogs barking, usually disturbs their sleep at night when they are released from their cage, to roam our premises. These dogs have been a huge help to the neighbourhood, because they scare away criminals in the afternoon after people have gone to work, and at night. My job takes me out of Lagos often, and recently, while I was away, I was told some people in white uniforms came to our premises and took away three of my dogs, one Mastiff and two Doberman Wolfs. I was told that, one of my neighbours reported that, I keep rabies infected dogs and thereafter, some officers came from the Ministry of Health and took three of my dogs away, leaving me with only one. A veterinarian friend of mine, whom I sought advice later, promised to go there to see what he can do. But, a few days later, he called to inform me that, the dogs had been destroyed because they found out that, they actually had some diseases, not rabies. And that, I didn’t come in time to complain and undertake to bear the cost of treatment; it had become too expensive to keep and feed them. The Police to whom I went to lodge complaint, refused to do anything. L.O., Badore, Ajah, Lagos. Dear L.O., I don’t know what exactly your complaint to the Police
was, but, if you reported a crime, they had a duty to investigate, and ensure that your rights are protected. It may have been theft or wrongful dispossession of your pets. You also didn’t give me information, as to whether you had ensured that your dogs received veterinary attention, as required by the law. However, the Animal Diseases (Control) Act empowers the Veterinary Section of the Ministry of Health, to go on periodic Surveillance of importation. It further provides at Section 7 that, ‘(1) If a veterinary officer, police officer or any authorised officer has reason to believe that there is in any premises, animal, animal product, biologic or infectious agent which has been imported into Nigeria in contravention of the provisions of this Act, he shall- (a) within reasonable time enter, inspect the premises and examine any suspected animal, animal product, biologic or infectious agent therein; (c) where he has reasonable ground to believe that such animal, animal product, biologic or infectious agent, has been imported without permit, seize or detain such animal at the risk and expense of the owner or importer for a period of not less than 24 hours, after which the animal, animal product, biologic or infectious agent shall be quarantined or penalty shall be imposed, if no proof of permission to import can be produced.’ Section 8(4) permits the veterinary officer to cause a diseased animal to be slaughtered, if he/she considers it advisable, to prevent the spread of the disease; and must inform the Police forthwith. If you are able to prove that your dogs were not diseased, may be by way of providing their up to date medical certification, plus averments from their attending veterinarian also confirming that your dogs were in good health, and that they were slaughtered simply because your neighbours found them to be a nuisance, then you may have a good cause of action.
APPEAL COURT DISMISSES ECOBANK'S WINDING-UP PETITION AGAINST HONEYWELL process of court. The Senior Advocate of Nigeria had submitted before the Appellate Court that, in law, an abuse of court process occurs where a party uses the court mala-fide. He contended that, despite the fact that situations, which may give rise to abuse of court are inexhaustible, there is a consensus that at the core of this reprehensible and depreciable concept and practice, is a situation where a party subjects the judicial process to actions that are lacking in bona-fide. The Senior Advocate also submitted that, it was clear that the petition filed by Ecobank on November 9, 2015 is abusive of the earlier petition it had filed on October 16, 2015, and contended that both petitions filed by Ecobnk against Honeywell, were in respect of the same subject-matter and same issues arising from the alleged indebtedness of Honeywell to Ecobank. Honeywell’s counsel therefore, urged the court to hold that the subsequent petition filed on November 9, 2015 over the same matter, clearly constituted an abuse of court process, since a determination of any of the earlier suits filed over the same subject-matter, would finally determine the rights and liabilities of the parties. He urged the court to dismiss the Ecobank’s second Winding-Up petition, in order to stop the continued abuse of the process of court. In its response, Ecobank through its counsel, Kunle Ogunba, SAN argued that, the petition before the court was not an abuse of the court process on the ground that Suit No: FHC/L/CS/1219/2015 was not instituted by it (Ecobank), neither did it maintain any counter-claim in the suit to warrant the argument by Honeywell, that the present petition constitutes an abuse of court process. Ecobank submitted that, the suits were not instituted over the same subject-matter contrary to the contention of Honeywell, adding that, while Suit No: FHC/L/CS/1219/2015 is patently predicated on the subject-matter of July 22, 2013
How many Lawyers does it take to change a light bulb? "How many can you afford?" It only takes one to change your bulb...to his. Two. One to change it and one to keep interrupting by standing up and shouting "Objection!" Three. One to do it and two to sue him for malpractice. Three. One to turn the bulb, one to shake him off the ladder, and the third to sue the ladder company. Three. One to sue the power company for insufficiently supplying power, or negligent failure to prevent the surge that made the bulb burn out in the first place, one to sue the electrician who wired the house, and one to sue the bulb manufacturers. Fifty four. Eight to argue, one to get a continuance, one to object, one to demur, two to research precedents, one to dictate a letter, one to stipulate, five to turn in their time cards, one to depose, one to write interrogatories, two to settle, one to order a secretary to change the bulb, and twentyeight to bill for professional services. How many Lawyers does it take to screw in a light bulb? None, lawyers only screw us. ˾˾˾ A: What's the difference between a Lawyer and an Undertaker? B: A Lawyer doesn't mind getting his hands dirty while burying his victims. ˾˾˾ What do you call a priest who becomes a Lawyer? - A father in law. ˾˾˾ "I'm beginning to think that my Lawyer is too interested in making money." "Why do you say that?" "Listen to this from his bill: 'For waking up at night and thinking about your case: $25'."
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agreement by three defaulters, the instant petition is to Wind-Up Honeywell for its inability to pay up its debt. The Ecobank counsel contended that, the subject-matter of both suits are not the same, and urged the court to discountenance Honeywell’s argument to that effect, and dismiss the appeal for lacking in merit. Honeywell in its reply, urged the court to hold that since Ecobank has not denied filing two petitions simultaneously over the same subject-matter, the situation of abuse of court process was worsened by the fact that, Ecobank had to filed a Notice of discontinuance in case its prayers for ex-parte orders were refused by one Judge, so as to file a case in another court on the same day before another Judge, in order to have its way, to be granted the same ex-parte orders earlier refused by the first Judge. However, Justice Georgewill in his lead judgement in the matter held that, “In law an allegation of abuse of court process is a very serious allegation, which must be established by the person so alleging, with sufficient materials before the court which the allegation is made. The sufficient material need not be an affidavit, if on the face of the processes filed it is obvious that the party by his own showing, is guilty of abusing the process of the court. “However, where such facts are not apparent on the face of the processes filed, then it is incumbent on the party so alleging, to place before the court, mostly by way of affidavit evidence, the materials sufficient enough to warrant the finding of an abuse of court process in his favour against the other party, failing which, such an allegation is taken as unproved and an objection must fail. “On the undisputed established facts in this appeal therefore, what better words can be used to describe the slippery and very obvious forum shopping ways of the Respondent (Ecobank), to file one suit after another without any legal justification, as none has been shown in this appeal, over the same subject-matter and between the same parties merely on account of its perceived pressures emanating from the
presence of the Central Bank Examiners in the Respondent’s bank to check its final books?. “In law, a subsequent suit such as Suit No: FHC/L/ CP/1689/2015: Ecobank Nigeria Ltd v Honeywell Flour Mills Plc premised on such faulty foundation, and merely intended to, and had indeed, achieved the wasting of the time and resources of the Appellant (Honeywell), is one which is nothing but a process in want of bona fide, and thus, constitutes an abuse of the process of court, which to all intents and purposes, was not meant to serve any useful purpose and was indeed, dead on arrival; and I therefore, un-hesitantly, so pronounce it dead on arrival, a pronouncement which the court below had shied away from making, but which it ought to have made. “In the circumstances therefore, the extant sole issue, is hereby resolved in favour of the Appellant against the Respondent and I hold firmly that, Suit No: FHC/L/ CP/1689/2015 Ecobank Nigeria Ltd v Honeywell Flour Mills Plc filed on November 9, 2015, constitutes an abuse of the processes of the court. “In the light of my findings above, I hold that this appeal has merit, and ought to be allowed on the sole issue of abuse of court process, as remitted to this court for determination by the Supreme Court in its judgement. Consequently, I hereby so allow it. “In the result, that part of the ruling the Federal High Court, Lagos Division, Coram: M.N. Yunusa J, in Suit No: FHC/L/CP/1689/2015: Ecobank Nigeria Ltd v Honeywell Flour Mills Plc delivered 4/12/2015, in which the court below declined to grant the Appellant’s application seeking to dismiss the Respondent’s Petition on the ground of abuse of court process, is hereby set aside. “In its stead, Suit No: FHC/L/CP/1689/2015 Ecobank Nigeria Ltd v Honeywell Flour Mills Plc is hereby dismissed, for constituting an abuse of court process. There shall be costs of N200,000 against the Respondent, in favour of the Appellant”, the court held.
16/
28.05.2019
WORDS OF WISDOM
(Culled from the Internet)
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TUESDAY MAY 28, 2019 • T H I S D AY
T H I S D AY Ëž Í°ÍśËœ 2019
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BUSINESSWORLD R A T E S MONEY MARKET OVERNIGHT OBB
A S
A T
REPO 12 % 11.14 %
CALL 1-MONTH 3-MONTH
13.50% 12.75 % 12.88 %
M A Y
2 4 ,
S & P INDEX INDEX LEVEL 1-DAY MONTH-TO-DATE
Group Business Editor Obinna Chima Email obinna.chima@thisdaylive.com 08152447875
2 0 1 9
395.20 % 0.37 % 2.20%
S & P INDEX 1/4 TO DATE YEAR TO DATE
2.23% 10.71%
EXCHANGE RATE N306.90/1US DOLLAR* *AS AT LAST FRIDAY
Quick Takes Ecobank Nigeria Celebrates Africa Day
TheManagingDirector,EcobankNigeria,PatrickAkinwuntanhasstated that Africa was the strategy of Ecobank. Akinwuntan who was speaking incommemorationofAfricaDay2019notedthatEcobank’sapproachto doing business in Africa was to create a united and integrated brand and platformthatreflectsthevaluesofAfrica. He said, “With a larger African footprint than any other bank in the world operatinginWest,CentralEastandSouthernAfrica,wearetheonlybank that spans 36 African countries, but operates a truly integrated African network. That is one unified integrated Ecobank Mobile Banking App, that works seamlessly across all 33 operating countries in Africa; One EcobankOmniandOmniliteservingallMultinationalsandSMEsinAfrica; OneRapidtransferappthatbreaksdowncountrybordersandallowsthe diasporacommunitysendmoneydirectlytotheirlovedones,instantlyand affordablyacrossAfrica;OneEcobankOnlineBankingplatformthatyou canaccesseasilywhetheryouareinAbujaorKinshasha.� Furthermore, Akinwuntan reiterated that Ecobank is a Pan Africa bank, contributingtothedevelopmentandadvancementofthecontinentthrough financialintegrationwithuniformworld–classpracticesandproprietary technologies.
KNOWLEDGE SHARING FORUM
Plus TV to Broadcast on StarTimes
L-R: Partner, Forensic & Integrity Services, EY Nigeria, Linus Okeke; Director, Monitoring & Evaluation, Nigerian Content Development Board & Monitoring Board (NCDMB), Tunde Adelana and Partner/Oil & Gas Sector Leader, EY Nigeria, Temitope Samagbeyi, during a roundtable event on Nigerian Content Development Act, organised by EY Nigeria in Lagos‌recently
NERC Regulation: Discos May Be Reimbursed for Losing Customers Stories by Chineme Okafor in Abuja The electricity distribution companies (Discos) may likely be compensated for losing customers to generation companies (Gencos) under the new eligible customers’ regulation of the Nigerian Electricity Regulatory Commission (NERC), THISDAY has learnt. Under the new regulation which NERC issued in November 2017, to govern the procedures for the supply of electricity to consumers under the categorisation, Discos were expected to lose largely big customers on their networks to Gencos. However, the regulatory commission stated that a relief – the Competition Transition Charge (CTC), would be introduced to offset such loses by the Discos. The NERC in a consultation paper published on its
E CO N O M Y webpage, which was obtained by THISDAY, explained that the provision of CTC in the eligible customers’ regulation was legal, adding that the Electric Power Sector Reform Act (EPSRA) 2005 recognised it. It thus said it expected stakeholders in the sector to respond to its proposal for the CTC in the consultation paper. NERC said it was acting in line with Section 28 of the EPSR Act 2005 which provided that, “If the minister determines, following consultation with the president, that a directive under section 27 will result in decreasing electricity prices to such an extent that a trading licensee or a distribution licensee would have inadequate revenue to enable payment for its committed expenditures or is unable to earn permitted
rates of return on its assets, despite efficient management, the minister may issue further directives to the commission on the collection of a competition transition charges from consumers and eligible customers.� It noted that such decision was however subject to public consultation undertaken by it, hence, its request of input from stakeholders in the industry. According to NERC: “The CTC is the amount a distribution network operator (Disco) is entitled to collect outside its normal tariff to cater for loss of revenue or its inability to earn permitted rates of return on its assets arising from the exit of an EC (eligible consumer) from its network.� It hinted that eligible consumers’ regulation had opened up the sector to another phase of competition which would
ultimately lead to full retail competition and full customer choice. “Major issues arising from the introduction of retail competition, however, are the concerns related to stranded costs incurred in providing services to customers exiting the Disco network and how to compensate utility in line with the provisions of the EPSR Act. “Stranded costs largely refer to investments in infrastructure by network operators that may not be recovered within the earlier projected life span of the financed assets arising from the transition from the traditional regulatory model being operated since the enactment of the EPSR Act in 2005 and the recent introduction of competition which now provides a window for eligible Continued on page 24
OPEC Calls for Adherence to Oil Output Deal The Organisation of Petroleum Exporting Countries (OPEC) has called on its member countries as well as non-OPEC countries led by the Russian Federation to conform fully to the oil production curb agreement they reached to rebalance the global oil market. OPEC said conformity to the output cut deal it reached under the Declaration of Cooperation (DoC) with non-members was 168 per cent in April 2019, adding that average conformity reached 120 per cent since January 2019. However, Saudi Arabia’s Minister of Energy, Industry, and Petroleum Resources, Khalid Al-Falih, said at the recently held 14th Joint Ministerial Monitoring Committee (JMMC) meeting of the group in Jeddah, that it was
E CO N O M Y important for all signatories to the deal to fully conform. Al-Falih added: “Our shared goal of market stability, which clearly benefits everyone including consumers, has made the Declaration of Cooperation credible, responsive, and highly effective. “I would, however, sound a note of caution. We can’t allow our collective success to mask individual under-performance. “Conformity should never be presumed and must be evenly distributed. My hope is that the vigorous participation of select countries, and its visible results, have shown the full potential of OPEC+ if everyone plays a full role. Cohesion and its practical
demonstration are the true keys to success, be it conformity or more broadly acting in unison,� said Al-Falih. The Saudi minister also hinted that OPEC and its allies would not be hasty in taking decisions about the DoC in their upcoming meeting. He said developments in the market were foggy and needed to be studies patiently. “Putting this all together, while we want to make decisions and not shy away from them, it is critical that we don’t make hasty decisions – given the conflicting data, the complexity involved, and the evolving situation. “That’s the reason we postponed the April OPEC+ meeting planned for Vienna to June and added this meeting so we could acquire some additional
information. “Taking a little more time and deciding at the June OPEC meeting will allow us to secure even more information to arrive at the best possible decisions. Again, keeping inventories under control will be on our critical path,� he explained. According to him, OPEC and its allies would, “always done the right thing in the interests of both consumers and producers; and we will do it once again.� Speaking further on the current situation of the market, Al-Falih stated: “To be frank, the picture is quite foggy, with the market defined by conflicting signals. “Starting with the global economy, although multilateral Continued on page 24
PlusTVAfrica,a24-HournewschannelwillnowbroadcastacrossallofAfrica viaStarTimesdishplatform.Thepay-tvcompanyannouncedthisrecently, barelysixmonthsafterthechannellaunchedlocallyonthepaytvplatform. The upgrade, according to StarTimes was as a result of the superior performance of the channel since it launched last year and its drive to reach a wider audience across more than 30 African countries where it broadcasts, reaching an audience of over 12 million homes with news in business,politics,sports,entertainmentandglobaltrends. AccordingtotheChiefExecutiveOfficer,StarTimesNigeria,DavidZhang, “PlusTVAfricahasdonewellduringthepilotphaseofthebroadcasthencethe upgradetoourdishplatform.Rightnow,inallofAfricawherewebroadcast, PlusTVAfricacanbeenjoyed� Also commenting, Managing Director/ Editor-in-Chief at PlusTVAfrica, Kayode Akintemi said “The upgrade to broadcast Pan Africa was a proof that the hard work the company put into creating unique and engaging contentforvariouscategoryofaudiencehaspaidoff.� HestatedemphaticallythatPlusTVAfricawasconceivedtobecomethe numberoneon-airandonlinesourceofnewsandanalysisinAfrica. Akintemi added that Plus TV Africa is a station for the millennial and the young at heart hungry for unbundled news and trends with solutions to movethecontinentforward. Plus TV Africa is available on channel 508 on StarTimes Dish Platform and on Channel 308 on the Antenna for all StarTimes bouquets. It is also streamingitscontentliveonline.
LCCI Opens Online Portal
The Lagos Chamber of Commerce and Industry (LCCI) has commenced onlineregistrationandbookingforthe2019LagosInternationalTradeFair (LITF)byopeningthesalesportalfortheFair. DirectorGeneralofLCCI,MudaYusuf,whodisclosedthis,alsoannounced thatUnitedBankforAfricaplc(UBA)hasbeenofficiallysignedastheheadline partnerofthefair. TheLCCIandUBAwouldbeworkingtogethertogiveexcitingservicesto visitorsandexhibitorsattheFair. According to Yusuf, the 2019 edition of the fair would hold from Friday November 1 to Sunday November 10, 2019, at theTafawa Balewa Square (TBS)Lagos. Yusufalsoaddedthatexistingandpotentialexhibitorshavebeenmaking enquiriesonthefair;sayingtheopeningoftheportalwouldgiveopportunity topotentialexhibitorstobookandpayfortheirspacesonlineearlyenough. TheLITFhostsanaverageof2,000exhibitorsannually,withover200foreign exhibitorsfrom16countries.Thisyearisthe33rdeditionoftheFairwhich isthebiggestinSubSaharanAfrica. UBA, the Pan African financial institution, has branches in 20 African countries,theUnitedKingdom,theUnitedStatesofAmericaandFrance. “LCCIbelievesthatthisispartoftheboldinitiativesofthebankwithacorporate culturefoundeduponstrongorganisationalvaluesandperformance-driven operatingstandards�,henoted. Yusuf,saidtheChamberwouldmaintainthebrandpromiseofthefair,which hasbeenchristened‘ConnectingBusinesses,CreatingValue,’addingthatthis wouldbesustainedthisyearinallitsmarketingcampaigns.Hemaintained thatthebigchangesintroducedtotheFairlastyearwillbesustainedthisyear.
“In the next 90 days, we are hoping that we would have a working government. Meaning, all of the cabinet and major appointments that we need to have, we would have them running very quickly. We should begin to see huge solutions in our traffic management scheme� Lagos State Governor-elect,
Mr. Babajide Sanwo-Olu
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BUSINESSWORLD NERC REGULATION: DISCOS MAY BE REIMBURSED FOR LOSING CUSTOMERS
customers to switch supply from the Discos to trading and generation license holders,� NERC added. On proposed procedure for obtaining and collecting CTC, NERC indicated a distribution licensee would have to file for loss of revenue claim with it, clearly indicating that despite its efficient management, it will be unable to meet its revenue requirement arising from the exit of an eligible customer. Such claim, it explained would also have to be submitted within a month of receipt of the prospective eligible consumers’ notice of intention to exit network by the distribution licensee. Additionally, it said it would review the claim to determine its veracity and hold consultations on the issue with relevant stakeholders involved in the transaction. “If the Disco’s claim for loss of revenue is satisfactorily proven, commission computes the charge and issue an order for the payment by the EC.� OPEC CALLS FOR ADHERENCE TO OIL OUTPUT DEAL
institutions have moderated their forecasts of world growth, the levels are still reasonably healthy with the U.S. leading a steady performance while the Chinese economy started the year fairly strongly. But the growing trade dispute between the same two leading global economic powers is casting a shadow over the global economic outlook. This could also have a contagion effect on other nations, which could show in weakening oil demand.� “Looking at the oil supply side of the equation, some signals point to tightening supplies, while others highlight the healthy pace of U.S. oil production. “Similarly, on the demand side, there are numerous uncertainties. Some institutions are revising oil demand downward, yet other reports suggest that demand in non-OECD countries (led by China, Russian, and India) alone approached a million barrels per day year-on-year,� he added.
NEWS
NEPC Pledges to Sustain Capacity Building on Exports Ernest Chinwo in Port Harcourt The Nigerian Export Promotion Council (NEPC) has said it will continue to create opportunities for Nigerians to imbibe the culture of exports, through capacity building programmes as it celebrates the passing out of 42 trainees of its Zero to programme. The Executive Director/ CEO of NEPC, Olusegun Awolowo, said this at the Batch Five Zero to Export Graduation Ceremony in Abuja. He said programme was part of the Council’s efforts to reposition the non-oil sector, through job creation and inclusive growth, thereby making it a major contributor to the country’s Gross Domestic Product. “There is no doubt that the essence of our gathering today underscores the crucial role that non-oil export sector plays in the present administration’s effort at diversifying the Nigerian economy away from over reliance on oil as its main stay, especially with incessant fluctuations in oil prices,� he said. Awolowo, who was represented the Director Product Development, Mr. William Ezeagu, assured the graduates that “NEPC would continue to encourage Nigerians to take advantage of the diversification process of the federal government through the promotion of non-oil export activities�.
According to him, “Zero to Export programme is an effective tool of introducing companies into the export business, because NEPC recognised the fact that many companies desired to go into the export business but lack the capacity and skill to embark on the business successfully.� The Council announced a provision of N500, 000 to the Co-operative Society formed by the graduating batch. This was expected to serve as a seed capital to enhance smooth
take-off of the Co-operative Society in engaging in export business. He advised the graduates to take the opportunity of having been trained seriously to strive to sustain the programme by involving in actual export business. This way the huge investments in material and resources deplored by the Council will be justified. The Zero to Export initiative is one of the flagship programmes of the council that focuses on creating
new generation of Nigerian exporters through practical and theoretical training of business executives, bankers, civil servants, unemployed graduates and even retired citizens with interest in export business. The programme is anchored on a Public Private Partnership (PPP) arrangement led by the Consultant Mr Kola Awe of EPT Logistics International Limited. The South - South (Niger Delta) in particular, was of
particular importance to the development and promotion of non-oil export as a major contributor to Nigeria’s GDP. If nothing but to show that apart from oil there are other products that Nigeria can rely upon to grow her economy. So far the programme has trained and graduated over 200 trainees from the Lagos, Port Harcourt and Abuja centres. Most of the trainees have formed registered Cooperatives, and are already exporting.
MEDIA BRIEFING
L-R: Council Member, Nigerian-British Chambers of Commerce, Ray Atelly; President, Akin Olawore and Director General, Bunmi Afolabi, during a media briefing by the chamber to announce its Outward Trade Mission to the United Kingdom, that took place in Lagos‌recently
UK Showcases Commitment to West Africa’s Agro-Industry The United Kingdom has continued to demonstrate its commitment to improved business environment in Nigeria and other West African countries with the inaugural edition of the UK- West Africa Agritech Summit organised by the UK Department for International Trade in Lagos recently. With a mission to encourage Britain and West Africa’s rapidly growing trade and investment outlook by nurturing a strong network
of prospective partners in finance, technology, innovation and knowledge, the summit was intended to be a platform for thoughtful discussion and deliberation over some of the most critical issues impacting the sector on a national, regional and international level. The summit’s agenda covered a range of diverse topics including promoting socio-economic development through agricultural transformation, livestock
transformation and financing agribusiness in West Africa. Speaking at the event the British Deputy High Commissioner, Laure Beaufils said: “Agriculture is Africa’s engine of growth and job production. The sector accounts for an average of 20 per cent of GDP of countries in Sub-Saharan Africa. “The UK is playing our part through investment in rural farmers, agritech, increasing wealth creation and strengthening value propositions of
local entrepreneurs. “We recognise that the sector requires funding and our UK Export Finance agency (UKEF) is committed to supporting these initiatives with vital capital support in the sector through its credit grantee scheme.� The event was attended by investors, business leaders, SME owners and senior executives from across West Africa including the Managing Director, Private Investment Promotion
Agency, Guinea, Namory Camara; West African Rep., Agric Council Africa, Kwame Sisto Asaase; Vice President, Nigeria Agribusiness Group (NABG) and Chairman Bestfood farms, Emmanuel Ijewere. The summit was also attended by representatives from the office of the Vice President of the Federal Republic of Nigeria, office of the Minister on Agriculture, Amolexis, CDC UK, AB5 Consulting, as well as other.
‘Local Content Critical to Nigeria’s Economic Growth’ Jonathan Eze Group Business Editor
Obinna Chima
Capital Market Editor
Goddy Egene
AgriBusiness/Industry Editor
Jonathan Eze
Comms/e-Business Editor
Emma Okonji
Senior Correspondent
Raheem Akingbolu (Advertising) Correspondents
Chinedu Eze (Aviation) Eromosele Abiodun (Maritime) James Emejo (Finance) Ebere Nwoji (Insurance) Chineme Okafor ((Energy) Reporters
Nume Ekeghe (Money Market) Nosa Alekhuogie (ICT)
The Senate Committee on Local Content has stated that Nigeria has a lot to gain economically through the faithful implementation of the Nigerian Oil and Gas Industry Content Development Act (NOGICD) Act 2010. Addressing participants at the opening of 2019 Local Content Stakeholders Retreat with the theme: “ Deepening Legislative-Executive Relationship for Better Sectoral Performance,� in Abuja, the committee Chairman, Senator Solomon Adeola, said since the coming on stream of the Act and the operation of the Nigerian Content Development
Monitoring Board, (NCDMB), many Nigerians now benefit from the oil and gas industry in terms of ownership as well as conscious capacity building for Nigerians who can now work, not only in the country, but all over the world where such skills are needed. “At present, no major oil and gas contract takes place without capacity building and training for Nigerians built into such contracts. This has created a pool of specialised manpower for the industry that are manning key infrastructure that were formerly handle by foreigners. “For instance the Egina Deep offshore project that is now on stream was able
to train about 500 Nigerians in its execution and these include such highly skilled capacity building as sub- sea engineers,� the chairman stated. Adeola, stated that based on the numerous benefits of the Local Content Act, it should be one of the agenda of the 9th National Assembly to quickly amend the law to include other sectors like manufacturing, construction and ICT that are still majorly dominated by foreigners. According to him, the regulatory body of the law should be further empowered, particularly in the area of manpower to carry out regulations as many oil and gas
companies and International Oil and Gas Companies (IOCs) are still flouting the law in their operations in Nigeria. “I want to also suggest that the Local Content Fund contributed by stakeholders now at about $200 million should be made accessible to genuine investors who are contributors to the fund. “Nigerians companies should be able to buy vessel from their manufacturers directly using the fund which will encourage accountability,� he stated. In his own address, the executive secretary of NCDMB, Engineer Simbi Wabote, said the nation had achieved much in the area of implementation
of the law since 2010, with Nigerians playing key roles in the oil and gas industry to the level of heading foreign firms in the country, adding that the goal of domiciliation and domestication of value adding activities and not just “Nigerianisation� was being achieved creditably. The executive secretary commended Adeola for the strides he has made on the legislative side, saying in spite of the newness of the committee in the Senate, he was able to keep major industry players on their toes by not only relying on NCDMB information on regulations, but also prying directly into the activities of the IOCs.
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BUSINESSWORLD
ENERGY
How NDPHC Fared Under Buhari’s First Four Years Chineme Okafor, examines how the Niger Delta Power Holding Company ran its operations in the first four years of President Muhammadu Buhari’s government
T
he three arms of Nigeria’s government, the federal, states and local governments established the National Integrated Power Projects (NIPP) comprising 10 new power stations, transmission, and distribution assets, to address the problem of erratic national power supply. These plants to be managed by the Niger Delta Power Holding Company (NDPHC) were constructed brand new, and mostly in southern Nigeria. They immediately became the largest single intervention scheme in power infrastructure in Africa and were supposed to be sold off to private investors to run them. But this is yet to be. While the privatisation of the plants has not happened, the NDPHC has notwithstanding continued to run them, albeit not as planned. From intent, they were meant to be a fast-track intervention in Nigeria’s electricity supply market, bridging electricity demand and supply gaps, but not managed in the long run by the NDPHC. Current Status of Nigeria’s power sector Improvement in public power supply will mean to most Nigerians that they are able to get uninterrupted supply for at least 10 to 20 hours daily. It would also mean to them that their respective distribution companies (Discos) promptly supply power whenever there is unplanned cut. Indeed, reports have shown that Nigerians would be less worried about paying costefficient tariff as long as there is adequate and quality electricity supply, compared mostly with how much they spend on procuring alternative supply sources. Based on anecdotal calculations many Nigerians pay an average of N60 and N70 per kilowatt of electricity they procure from alternative sources – mostly petrol and diesel powered generating sets, and this thus suggests they would willingly pay a reasonable tariff to get such equal amount of stable electricity from the public grid. However, improving public confidence in grid power supply will require many things but essentially, getting the Discos to improve on their services to consumers. Nigerians have been complaining for years about the poor metering systems of the Discos, especially in situations when they have to pay for services they never enjoyed. There is also the need for steady flow of investments in the sector which could be incentivised by stable government policy; respect for contracts signed - power purchase agreement (PPA) or gas sales agreement (GSA); as well as minimal political interference in the business of power generation and supply. Investors in the market have in interactions with THISDAY pointed to the uncertainties in Nigeria’s power market as reasons why they often cash-out on their investments quickly, instead of making long-term investments. Discos Still Largely Untrusted The Discos which are the direct contact between players in Nigeria’s electricity market and consumers, have for years battled to gain the trusts of consumers. Being responsible for service delivery to consumers, they are equally responsible for revenue collection and in this regards key to the survival of the sector. While it is true that the Discos can only distribute the volume of electricity allotted to them from the national grid, it is also possible from evidence that they have largely shirked their responsibilities to consumers, just as consumers equally fail in their obligations to the Discos. This notwithstanding, means that consumers’ ratings of their performance have remained low even after about five years of power privatisation.
Ugbo
NDPHC Under Buhari Caught between the tough business of producing electricity and mostly trading them on patriotic grounds, the NDPHC has largely functioned as either a subsidy or rebalancing agent in the power sector under Buhari’s government. And this as THISDAY learnt could chiefly be the intention of the government for it, at least for now. Its Gencos were planned and built with an installed power generation capacity of circa 5000 megawatts (MW), and they were to bridge the power demand and supply gap in the country. However, due to the challenges which came with Nigeria’s power market privatisation, these plants currently deliver less power than they can and should to Nigerians. For persistent reasons such as distribution shortfalls – power Discos unable to pick and distribute all power generated in the industry; transmission constraints as well as gas supply shortfalls, and even poor pay for power supplied to the grid, the NDPHC has seen its plans for consistent progress and efficiency stalled, yet in the periods under consideration, it has lived on and even continued to take on more tasks outside of its remit. Also on the table of the NDPHC when Buhari took over were court cases by host communities especially on way lease for its assets including generation plants and transmission lines. And these required the attention of the new board when they were inaugurated by the government back then. THISDAY gathered most of the fair complaints on this have been treated and compensation paid with one peculiar case been that of Ikot-Ekpene which had a long-drawn court injunction. “We don’t just sit back in our offices because we are not engaged to do that. When I came here I had to let them know I was not sent to push people out of job but to give Nigerians light,� said NDPHC’s Managing Director, Mr. Chiedu Ugbo, in an interaction with journalists on the issue then. Furthermore, on the operations of the NDPHC, it was gathered that the unit price of electricity to the grid has remained the cheapest in the market, thus indicating that despite the business of power being
a commercial venture, the shareholders of the NIPP which are the three tiers of government are rather interested in serving Nigerians than making profit – at least for now. So, under Buhari, the NDPHC has largely sold its electricity cheaply to the grid. But then, that also comes with some heavy financial burden which the Central Bank of Nigeria (CBN) may have taken up with a N701 billion payment guarantee extended to the Nigerian Bulk Electricity Trading Plc (NBET) to keep power Gencos on. The N701 billion loan was negotiated and obtained by the NBET to offset payments to Gencos and gas companies at least to the tune of 80 per cent while the Discos hesitated in their full revenue remittances to the market. Again, on gas supply which was a key challenge that even affected the initial attempts to privatise its Gencos, the NDPHC informed THISDAY that it has worked to ensure constant gas supply for its Gencos in Alaoji; Gbarain; and Calabar. It added the Calabar Genco currently has the most efficient gas delivery agreement with good pipeline and could deliver optimally, but then the current limited capacity of the transmission grid managed by the Transmission Company of Nigeria (TCN) means it can only produce as much as it is asked to by the System Operator. Furthermore, to address the financial burden of the NDPHC, the government asked it to leverage the Eligible Customer regulation of the Nigerian Electricity Regulatory Commission (NERC) with the intention of selling constrained electricity volumes from its Gencos to eligible electricity customers not too far from them. Need for political will Based on conversations with industry stakeholders, the current set up of the NDPHC under Buhari would do a lot better than it does today if it gets the relevant political backing, strong and committed enough to push it to conclude its legacy projects and go on to a new chapter as envisaged in its long-term plan. At the moment, the NDPHC is seen taking on and completing transmission and distribution projects originally not on its schedule of work. From states in northern parts of the country to others in the south, the
NDPHC is involved in distribution projects originally meant to be done by the Discos as part of their expansion plans. Most times, distribution transformers installed by it for the Discos are not taken over and energised by the Discos, thus leaving them unused and Nigerians in darkness. Because the NDPHC has set for itself ambitious goals, it wants to do more on transmission projects; working to improve the 3000MW in its plants to get to end users; finding out and fixing distribution challenges in the Discos’ networks; and foraying into renewables, it would require a strong backing of the political class to push through these, and remain efficient. For instance, in renewables, it reportedly commissioned 20,000 units of Solar Home System (SHS) and 1, 073 solar powered boreholes across communities in the north which have no access to grid electricity supply, and deployed 200 units of the SHS as pilot programme in Wuna community with estimated population of 800 people – predominantly farmers, in Abuja. To further this and make its impact extensive, it would need that its balance sheet is healthy to inspire interested investors. It would also need the political class to appreciate that nobody can really fix Nigeria’s underdevelopment without fixing her electricity challenges, as such, clearing the various man-made and systemic problems such as adherence to contract execution timeline and enforcement of penalties for defaults should command great commitment from it. Additionally, while the government appears to favour a business model that’s not favourable to the operations of the NDPHC, it would be reasonable for it to ask the regulator to recognise the cost-effective price of the units of electricity supplied by the company and reflect the shortfalls as regulatory assets which it could use to incentivise willing investors whenever the CBN financial interventions dry up. Similarly, industry experts also believe that consistent funding of the TCN to improve its transmission capacity would enable the NDPHC fire more of its Gencos and send more power to the grid, as against shutting them down which in technical perspectives is inefficient.
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Hurdles Before NACCIMA’s New Leadership Jonathan Eze writes on the emergence of Hajiya Saratu Iya Aliyu, as the 20th President of the Nigerian Association of Chambers of Commerce, Industry, Mines and Agriculture
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t the 59th Annual General Meeting/Conference of National Association of Chambers of Commerce, Industry, Mines and Agriculture (NACCIMA) in Kaduna, Hajiya Saratu Iya Aliyu, was inaugurated as the 20th president of the association. Aliyu is the first female northerner to assume the leadership of the association. The occasion, which was chaired by a former Head of State, General Abdusalam Abubakar, also had five state governors in attendance. Iyalode Lawson handed over to Aliyu after a two-year tenure as its 19th and first female president. On her part, Aliyu thanked NACCIMA for the opportunity to serve and the confidence reposed in her to pilot the affairs of the association. She promised to continue in the tradition of excellence by strengthening the NACCIMA secretariat and the capability of its staff. Aliyu, a graduate of education from the Ahmadu Bello University, Zaria, having served the chamber for almost three decades, said the completion of Abuja towers would be a priority to her administration. The new president acknowledged the fact that the private sector was expected to play a bigger role in the quest for the rejuvenation of the economy for inclusive growth and development and the concerted efforts to reposition the country as one of the leading economies not just in Africa but the world; and also make it works for the well- being of the people. According to her, “In pursuit of this goal, the private sector has a big role to play and a lot will devolve on us in the chambers movement. Our 59th annual conference thus presents us with another opportunity to rededicate ourselves to the work ahead of us and work closely with government and other members of the private sector for the realisation of our goals and in doing so, we must work together to strengthen our association and rededicate ourselves to the task ahead.� As part of her planned programme, she identified revenue generation and finance as a challenge. She said “We must take seriously the issue of our finances. Our current financial situation is not encouraging. We must, therefore, embark on a revenue generation drive to improve the financial profile of the association. “In this connection, I want to appeal to all Chambers to ensure prompt payment of their dues and those owing must meet outstanding obligations. We must also work on multiple revenue generation activities including training.� On trade and exhibitions, she stated that they are a veritable platform to showcase capability, urging that they must work on them to serve the purpose they have been created for. Aliyu also said the association would focus on positioning agriculture as serious business, specifically targeting the youth through the Agriprenuer initiative designed to encourage young people to go into agriculture. “We are already working on strategic partnerships with research institutions such as the International Institute of Tropical Agriculture (IITA), and FIIRO among others to develop and implement innovative solutions across the agriculture value chain. “We will vigorously advocate Chambers of Commerce and other private sector stakeholders in States endowed with solid minerals to key into the roadmap for the growth and development of the Nigerian Mining Industry of the federal government. “We will identify and implement strategies to revive industries germane to the diversification and import substitution
Iyalode decorating Aliyu
agenda of the government; with specific focus on the power, textile and automotive industries. The Association will focus on small and medium enterprises and collaborate with relevant agencies and organisations.� She also promised to take strategic steps to harness the potential of electronic commerce, digital economy and online commercial activities by strengthening the capacity for online trade and investment as well as enhancing export trade through digital trading. Not to be neglected too is the creative sector. She expressed that NACCIMA would develop a closer relationship with stakeholders within the sector to develop and implement a strategic plan to further expand the contribution of the creative industries to economic growth. “We will continue to advocate the NACCIMA Gender Agenda through the NACCIMA Business Women Group (NAWORG) while we explore new frontiers and options to increase the number of women in the board rooms, promote the
We will identify and implement strategies to revive industries germane to the diversiďŹ cation and import substitution agenda of the government; with speciďŹ c focus on the power, textile and automotive industries. The Association will focus on small and medium enterprises and collaborate with relevant agencies and organisations
involvement of women in all sectors, and advocate improved access to finance for women entrepreneurs.� The new leadership believes that closer ties with members of the organised private sector and other partners, would help its course. “Currently we serve as the secretariat of the organised private sector. We will also work closely with other members of the organised private sector, the Manufacturers Association of Nigeria (MAN), the Nigeria Employers’ Consultative Association, the Nigerian Association of Small and Medium Enterprises (NASME) and the Nigerian Association of Small Scale Industrialists (NASSI) to ensure that the private sector in Nigeria speaks with one voice and is focused on the sustained economic growth and development of our country.� The youths have also been promised support because of the tremendous ability they possess, “we will, therefore, continue to support and guide them; encourage youth entrepreneurship, and increase our engagements with Nigerians in the diaspora as an alternative source for human and capital investment in our economy. “Internally, we will continue to strengthen the NACCIMA secretariat and the capacity of its staff to be able to meet new challenges that will devolve on them and provide effective support to serve the exco, council, and AGM in carrying out its mandate and navigating the new frontiers. “These initiatives, and more, will be vigorously implemented and monitored within the context of the NACCIMA Medium Term Strategic Plan (2018-2022) which is serving as a useful guide since its adoption just about a year ago.�, she added. Towards realising these lofty goals, Aliyu assured of her readiness to work closely with all and carry everyone along. “We now have a new MEMART which can help us run our Association more efficiently under clear rules and let us be guided by it. And I seek your cooperation in our quest to ensure that we truly continue to serve as the voice of Nigerian business and promote the activities of the private sector in the quest to create the Nigeria of our dreams; a peaceful and prosperous home not just for a few for us all.� NACCIMA was established in 1960 as the umbrella organisation for all the
various affiliate member chambers within the country. The association’s membership is voluntary and it encompasses city, state and bilateral chambers, business/professional association, and corporate Bodies. It champions the course of business through its advocacy role and influences public policies that promote free enterprise. The perspective of NACCIMA is in accordance with contemporary ideas of the chambers of commerce movement in a relatively free enterprise economy the world over. President Muhammadu Buhari, who was represented by Governor Abubakar Badaru of Jigawa State, said his government was re-strategising on effectively tackling security challenges in the country. The president added that the federal government would do everything possible to ease doing business in Nigeria and further make the country investment destination for investors from all over the world. He restated his administration’s commitment towards boosting business and investment opportunities by reviving train and railway services, building roads and improving on the power sector. “When this administration came on board in 2015, there are challenges of railway maintenance, power and other issues. Between 24 and 26 states cannot pay their workers’ salary, which was the picture on May 29, 2015. “But through God’s intervention we continued work on the 300 plus roads that we met, while awarding other 100 plus roads, some are finished, some are ongoing. This is to ease transportation and movement of goods and properties. Railway work is ongoing to move cargoes from one place to another, power is also improving. “We are improving the ease of doing business to attract investment, in which Kaduna state ranks number one and Jigawa State ranks number two. As a government, we don’t want a repeat of what happened in Angola and Venezuela so we are doing everything possible to diversify our economy,� he said. The outgoing president in her address, said: “NACCIMA understands the importance of synergy between our associations and stakeholders in the local and international business environment; hence the Conference is an avenue to foster better collaborations and viable networking opportunities for our entities.�
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Shell Spends N17bn on GMoU Clusters in Rivers Ernest Chinwo in Port Harcourt The Shell Petroleum Development Company of Nigeria Ltd (SPDC) has said it has spent a total of N17billion on the Global Memorandum of Understanding (GMoU) clusters in Rivers State. The initiative gave communities opportunity to decide and implement projects and programmes that had lasting impact on people’s lives. The funding, the company said, since the GMoU concept took off in 2006, has enabled the 19 clusters in Rivers State to embark on projects covering health, education, water and power supply improvement, sanitation and infrastructure development. Under the terms of the GMoU, SPDC and its joint venture partners provide secure five-year funding for communities to implement development projects of their choice, which are managed by Cluster Development Boards under the guidance of mentoring NGOs. Currently there are 39 active GMoU clusters in Rivers, Delta, Bayelsa and Abia States and since inception in 2006 a total of $239 million (N44.36 billion) has been disbursed to these clusters to fund development projects. “The success of the GMoU initiative has proved what could be achieved when government, international oil companies, communities and NGOs worked together for the common good.,� said SPDC’s General Manager, External Relations, Igo Weli, at a presentation of the 2019 edition of the Shell in Nigeria Briefing Notes to journalists in Port
Harcourt last Friday. Shell in Nigeria Briefing Notes is an annual publication detailing the activities of the business interests of the global energy giant in Nigeria covering SPDC, Shell Nigeria Exploration and Production Company, and Shell Nigeria Gas. On another level of social investment in Rivers State, Weli listed the Community Health Insurance Scheme (CHIS), which was established in 2010 in partnership with the Rivers State Government, as an SPDC JV flagship project that delivers affordable integrated health care to beneficiaries. Clients in the scheme pay N10,000 per annum which covers about 95 per cent of the people’s primary and secondary health care needs including child birth, seizure disorders, diabetic and ophthalmic care at the Obio Cottage Hospital. “10 other hospitals in Rivers State also enjoyed ‘robust health intervention scheme by SPDC JV.� In education, he cited the establishment of the first centre of excellence in Marine Engineering and Offshore Technology at Rivers State University in Port Harcourt established in 2017 which runs an 18-month Master’s and Diploma programmes in Marine Engineering, Naval Architecture as well as Offshore and Subsea Engineering. This, he said, was in addition to the many SPDC JV scholarship schemes which date back to the 1950s. In enterprise development, SPDC JV has trained more than 460 young men and women from Rivers State under the Shell LiveWIRE programme between 2013 to 2018.
LADOL Celebrates Safety Week Eromosele Abiodun LADOL has announced that it has commenced programme to mark the annual safety week. The company in a statement said this was the first time it has held the event to highlight its safety best practices, share learnings with stakeholders and new targets for safety in the coming year. LADOL’s Managing Director, Dr Amy Jadesimi stated that, “Safety and quality is at the heart of best business practices. While growing LADOL we always put in place the policies, procedures and work instructions needed to ensure quality and safety for ourselves and our clients. “This week is a celebration of our many achievements, including becoming the first company in West and North Africa to be ISO 45001 certified. “The week is also a call to action as we have to continuously improve and reach greater heights each year.� Speaking at the opening day of the event, LADOL’s Executive Director Business Development, Mr. Jide Jadesimi, who signed the safety commitment banner said safety remains at the core of the company’s operations, “Because of the importance of this event and safe practice in the company,
other personal engagements have to be put on hold. I want everyone to see themselves as safety champions.� “LADOL has reached a stage where we’ve grown to meet and exceed international standards, due to the hard work and talent of our staff and the support of our stakeholders. Well done to everyone for bringing your hearts and minds to everything we are doing.� LADOL’s SHEQ Manager, Mr. Obi Mac-Arthur, said high safety culture was the cheapest and most effective insurance policy, stressing that safety isn’t a hobby, but a living. He said the choice of the theme for this year’s safety week, “Making Safe Choices,� was born out of the need to continuously inculcate positive safety culture, ensuring zero risk tolerance in all operations. “This year’s event is unique as it coincides with the launch of “LADOL’s Employee Continuous learning Centre.� “I want to emphasise one of the core truths about safety. It is a job not just for people who have “safety� in their title. It’s a job for everyone, everywhere, every day. It never stops. It takes all of us to think about safety and to actively discuss these issues in order to reach the next level, �Mac-Arthur said.
‘World Still Far from Meeting SDG Target’ Gilbert Ekugbe Despite notable progress made on energy access in recent years, the World Bank has stated that the world was falling short of meeting the global energy targets set in the United Nations Sustainable Development Goals (SDGs) for 2030. According to a report made available to THISDAY, the multilateral institution noted that India, Bangladesh, Kenya and Myanmar were among countries that made the most progress since 2010. It, however, stressed that without more sustained actions, 650 million people would still be left without access to electricity in 2030, with nine out of 10 of these people living in sub-Saharan Africa. The Bank noted that although great efforts had been made to deploy renewable energy technology for electricity generation
and to improve energy efficiency across the world, access to clean cooking solutions and the use of renewable energy in heat generation and transport were still lagging far behind the goals. It recommended that maintaining and extending the pace of progress in all regions and sectors would require stronger political commitment, long-term energy planning, increased private financing and adequate policy and fiscal incentives to spur faster deployment of new technologies. The report also added that following a decade of steady progress, the global electrification rate reached 89 per cent and 153 million people gained access to electricity each year. “However, the biggest challenge remains in the most remote areas globally and in sub-Saharan Africa where 573 million people still live in the dark. “To connect the poorest and hardest to reach households,
off-grid solutions, including solar lighting, solar home systems, and increasingly mini grids, will be crucial. “Globally, at least 34 million people in 2017 gained access to basic electricity services through off-grid technologies. The report also reinforces the importance of reliability and affordability for sustainable energy access,� the Washington-based institution added. On renewable energy, the World Bank noted that it accounted for 17.5 per cent of global total energy consumption in 2016, compared with 16.6 per cent in 2010, saying that renewables have been increasing rapidly in electricity generation but have made less headway into energy consumption for heat and transport. It added: “A substantial further increase of renewable energy is needed for energy systems to become affordable, reliable
and sustainable, focusing on modern uses. “As renewables become mainstream, policies need to cover the integration of renewables into the broader energy system and take into account the socio-economic impacts affecting the sustainability and pace of the transition.� It said courtesy of concerted policy efforts in large economies, energy efficiency improvements have been more sustained in recent years, but however stated that the global rate of primary energy intensity improvement still lags behind, and estimates suggest there has been a significant slowdown in 2017 and 2018. “Strengthening mandatory energy efficiency policies, providing targeted fiscal or financial incentives, leveraging market-based mechanisms, and providing high-quality information about energy efficiency will be central to meet the goal,� the report added.
STAKEHOLDERS’ GATHERING
L-R: Deputy, Managing Director, Huawei Technologies and Co, Nigeria. Limited, Mr. Lanre Odekunle; Deputy Managing Director, Huawei Nigeria Enterprises, Mr. Eason Dong; IP Chief Technology Officer, Southern Africa, Mr. Matamela Mashan; Head of ICT, Nigerian Prisons and Guest Speaker, ACP, Agada Felix, and Enterprise IP Manager, Huawei Nigeria, Mr. Alan Jin, during 2019 Huawei Nigeria IP Club, held in Abuja‌recently PHOTO: JULIUS ATOI
ITF Empowers 150,000 Youths Francis Sardauna in Kaduna In a bid to stem unemployment and breed a new generation of entrepreneurs, the National Industrial Training Fund (ITF) said it has empowered 150,000 youths with employment and entrepreneurship skills since its inception. The beneficiaries were trained on different trade areas that included plumbing and pipefitting, tailoring, tiling and photography through the National Industrial
Skills Development Programme (NISDP) of the Fund. Speaking during the graduation ceremony of the youths trained by the Fund in Katsina recently, the ITF Director General, Mr. Joseph Ari, said skills acquisition remains a veritable tool for alleviating poverty and unemployment in the country. He said: “It is an incontrovertible fact that the any society that neglect the development of its human is bound to retrogressive in terms of growth
development.� The ITF director general, however, said the alarming rate of unemployment and poverty in Nigeria was worrisome despite existing vacancies in several sectors of the nation’s economy. According to him, survey conducted by ITF and other organisations revealed that many youths are still roaming the streets without any form of gainful employment giving rise to crimes facing the country. Governor Aminu Masari,
who was represented by his Special Adviser on Employment Promotion and Vocational Training, Hussaini Adamu, said his administration had accorded premium to youth empowerment, hence the empowerment of 12,747 youths across the state within four years. He explained that additional 16,000 youths including women were also sponsored by the government to complete their programmes at the State Youth Craft Village.
Edo Communities Pledge to Protect Sahara Energy Facilities Adibe Emenyonu in Benin City The Ajoki and Ajamimogha communities in Ikpoba-Okha local government of Edo State have pledged to protect the facilities and operations of Sahara Energy. The residents said their commitment to Sahara Energy was because of the firm’s numerous corporate social responsibility projects and contribution to the development of their communities. According to them, the
communities have continued to experience a, “cordial, peaceful and beneficial relationship,� with Sahara Energy. The residents said Sahara Energy has lived up to its responsibilities by providing social amenities for them. Speaking during a media briefing, the spokesman and Youth Chairman of Ajoki community, Mr. Isaac Ajatiton, said they were at peace with the operations of Sahara Energy, because many of their youths have been employed.
The spokesman said what they want was development and such could only happen when there is peace between the firm and host communities. He said Sahara Energy has helped to extend electricity to their community, provide scholarships to deserving students and facilitated the provision of medical care for the elderly. According to him, “We are very happy with Sahara Energy operations. The company has no problem in our community. Most
of the things we asked them to do have been done.� Similarly, the spokesman for Ajamimogha and Trustee President, Bawo Otikpere said they were prepared to protect facilities of Sahara Energy and other oil firms in their community. He said it was to show appreciation for the good work of the oil firms. “We have received many good things from Sahara Energy. Our people are happy and we want them to do more.�
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T H I S D AY t TUESDAY MAY 28, 2019
PROPERTY & ENVIRONMENT
FG Commits to Developing SMEs in Metal Sector Bennett Oghifo The Federal Government’s desire to empower SMEs in the metal sector is based on the fact that steel and other metals’ development has unarguably remained the bedrock of industrialisation, sustainable growth and development of any nation. Permanent Secretary, Ministry of Mines and Steel Development, Dr Abdulkadir Mua’azu stated this at the Nigeria Metallurgical Industry stakeholders’ forum (MISF), an engagement with the South-west geopolitical zone, held at the DBI Guest House Oshodi, Lagos, recently. Mua’azu said the first phase was recently concluded at Asaba, Delta State, stating that it was timely considering the “Federal Government’s current quest for diversifying our mono-product economy by de-emphasizing dependence on Oil and Gas while focusing more on the non-oil sectors especially the Agricultural, Minerals and Metals sector.” He said the theme of the forum “Developing SMEs in the Metal Sector for Economic Diversification, Job Creation and National Prosperity” was therefore in tandem with the Change Agenda, vision and mission of the present administration of His Excellency, President Muhammadu Buhari.” Present at the Lagos’ forum were operators in the metal Industry, captains of industry, the academia, among others. The Permanent Secretary said “Virtually everything we use today either has components of metals or is produced using metallic equipment. Based on this fact, the Federal Government under President Muhammadu Buhari is poised to create enabling environment for metallurgical operators and all other allied metal outfits in the sector with a view to creating jobs and creating wealth for National Prosperity. “It must also be mentioned that Nigeria is well endowed with various mineral raw materials that cut across the length and breadth of the nation,” he said and urged stakeholders to “bring their experiences to bear as well as our natural comparative advantage towards rebuilding
Participants at the South-west Nigeria Metallurgical Industry Stakeholders’ Forum in Lagos… recently
the ailing metallurgical industry to enable us utilise locally the various mineral raw materials that Nigeria is endowed with for economic diversification.” He said for this reason, the Ministry of Mines and Steel Development developed a Roadmap and also articulated some sustainable programmes, strategies and activities for the development of the metallurgical sector with a view to taking it to the next level. These include: developing a Roadmap for the development of minerals and metals; processing the Nigerian Metallurgical Industry Bill to the National Assembly; Collaboration with all relevant government agencies; Recovery and Reoperationalization of ASCL, Ajaokuta; NIOMCO, Itakpe; DSCL, Aladja and ALSCON, Ikot-Abasi through commercialization and concession; Building confidence on private metallurgical plants operators in the country especially on areas where government could be of assistance in finding solutions to their challenges; Liaising with Nigeria Customs Service towards curbing incessant dumping of substandard steel and other metal products in Nigeria, as well as export of banned scrap metals. These, among others, he said were the pragmatic steps being taken by the Ministry of Mines and Steel Development towards repositioning the metal sector to attain its pride of place as the
bedrock of industrialisation and those who track the activities of the Ministry are already aware of these developments. Mua’azu said “Against all odds, I sincerely thank you all for your persistent efforts being made towards achieving the level of development so far made in the sector. It is hoped that a renewed zeal and synergised commitment for the development in the metal sector will help us to create the desired jobs for our teeming population, economic diversification and national prosperity. “While wishing us a fruitful deliberation, it is my sincere desire that the decisions reached at this forum will no doubt go a long way towards projecting the fortunes of the Metals Sector to the next level.” Speaking on the theme, ‘Developing SMEs in the Metal Sector for Economic Diversification, Job Creation and National Prosperity’, Director, Metallurgical Inspectorate & Raw Materials Development (MI&RMD) Department, Victor O. Ihebinike said, “The drafting of the ‘Nigerian Metallurgical Industry Bill’ was informed by the strong desire to develop a vibrant and robust Metallurgical Industrial sub-sector with government relinquishing its erstwhile role as Owner-Operator to the private sector and reposition itself as Administrator-Regulator in consonance with the Government policy on privatisation
and reforms. He said when passed into Law, the Bill would enable the FGN to actualise the following objectives: Create conducive business environment that will
emphasize quality and standards sufficient to attract investment capable of significantly contributing to the diversification of our economy away from crude oil; The Federal Government will act as a motivator/moderator by providing the enabling policies that will stimulate private sector investment; Ensure that the private sector led metals industries operate optimally, producing competitive high quality products for both local and international markets; Have a robust functional integrated Nigerian Metallurgical Industrial sector that will guarantee employment generation and wealth creation.” It would also “Ensure that private sector led minerals and metals industries function effectively thereby achieving increased industrial utilization and per capita consumption of metals as well as generate revenue for the country; and Champion the course of value
addition through metallurgical processes that is based on absolute measuration (metrology); The Management of the Ministry has been working assiduously towards the enactment of the Nigerian Metallurgical Industry Bill in order to have an enabling law for effective regulation of the Metal sector in Nigeria. The Ministry solicits the support of all Stakeholders especially metal sector operators in order to realize this; The Ministry is also working hard towards fasttracking the re-operationalization of ASCL, NIOMCO, ALSCON and DSCL now Premium Steel and Mining Company; The FGN is encouraging metal sector operators, especially local producers of metallurgical mineral raw materials and steel and metal products to synergize with miners towards ensuring local beneficiation of metallurgical raw materials in Nigeria in order to put an end to the ‘dig it and ship it’ syndrome.
Alaro City Wins NIESV’s Most Notable Development Project Award Bennett Oghifo Alaro City, an inclusive new city in the Lekki Free Zone, has won “The Most Notable Development Project” award of the Nigerian Institution of Estate Surveyors and Valuers (NIESV). Alaro City is an inclusive mixed-use, city-scale development with master-planned areas for offices, logistics and warehousing, homes, schools, healthcare facilities, hotels, entertainment and 150 hectares of parks and open spaces. Rendeavour and Lagos State Government, through their subsidiary, North West Quadrant Development Company (NWQDC), have planned Alaro City as a 2,000-hectare, market-led project. NWQDC is authorised by both the Federal Government of Nigeria, through the Nigeria Export Processing Zones Authority, and the Lagos State Government as an entity to develop, operate, administer and manage Alaro City as a Free Zone. Speaking at the honours
night dinner, Alaro City’s CEO, Odunayo Ojo thanked NIESV for the recognition and dedicated the award to the team behind the project. “This is testament to the hard work and dedication by the whole team at Alaro City,” said Ojo, who continued that Alaro City’s success “is not possible without the co-operation of our partners, the Lagos State Government.” In January, Rendeavour, Africa’s largest new city developer, formally launched Alaro City. Situated in the Lekki Free Zone, the city has received fast-track investment from Rendeavour due to high demand from the Nigerian market. The first manufacturing facility, constructed on 5.4 hectares, is due to be operational by August. Additional facilities for steel fabrication and fast-moving consumer goods are under development. The first phase of urban infrastructure, including the first three kilometres of road, water supply and an independent power plant, is
underway and due for completion by December. “We congratulate Alaro City on receiving this award,” said Olurogba Orimalade, the Lagos Chapter Chairman of NIESV. “Alaro City is providing unique solutions to rapid urban growth, not just to the Lekki Free Zone, but to Lagos State and Nigeria.” The awards night focused on the theme “Promoting Professionalism in the City of Lagos” and handed out awards in seven categories. Witchtech Company won the “Corporate Building Material Industry Development Award,” Stanbic Capital won the “Corporate Real Estate Finance Award” and the Land Bureau won the “Outstanding Government Agency Award.” Lagos State Governor-Elect Babajide Sanwo-Olu attended the awards as Chief Guest of Honour, along with former Attorney General of Lagos State and Victoria Island-Ikoyi Residents Association Chairman Chief Wonuola Folani, who was chair of the NIESV event.
Propertymart Offers Special Payment for …Receives Commendation from Customers on Prompt Fairmont Hilltop Alagbado Allocation ‘The Fairmont’ Scheme Leading real estate company, and Lekki-Ajah schemes while opportunity of 30 percent down Propertymart Real Estate Invest- able that he told his siblings and Propertymart Real Estate Investment Limited, has introduced the first ever initiative within the Nigerian real estate sector to make prospective subscribers in its Fairmont residential scheme take ownership of their plots upon the payment of 30 per cent deposit. The payment plan is flexible allowing subscribers to spread the remaining balance of outright price across six months after the initial deposit in an unprecedented move that makes home ownership more pocket-friendly. “The Fairmont” serviced plots strategically located in Arepo, Lekki-Ajah and Alagbado respectively, are not only affordable but also allow clients to live in safe, beautiful environments with well-defined perimeters. Available in 500, 400 and 324 square metres respectively thereby offering interested investors flexibility in choice, prospective home owners can get value on land through instant physical allocation upon payment of 30 per cent initial deposits, especially those who subscribe for the Alagbado
Arepo subscribers will get instant paper allocation. Investors in the Alagbado scheme can start their way to owning plots of land with as low as N1.1 million which represents the initial 30 per cent deposit for a plot of land and get physical allocation. While Fairmont Arepo is within the already developed and habited upscale Citiview Estate also owned by Propertymart, Fairmont Alagbado and Ajah are currently in their development phases with infrastructural work currently ongoing. Speaking on the offer, Managing Director, Propertymart Real Estate Investment Limited, Deji Fasunwon, disclosed that the objective of The Fairmont scheme is to create luxury private communities in fastgrowing locations where quality is upheld. “It is a perfect blend of urban and country living,” said Fasunwon, adding that clients have several reasons to buy the plots. He said, “We have deliberately created a low entry
payment on outright purchase on each of The Fairmont locations. It is also an opportunity for first-time home owners to have a place in a secure, beautiful living environment to call their own. Opportunity to own plots is also available for those who want longer payment plan. What is more, there is an ease of transfer of ownership while a global certificate of occupancy covers the plots at the three locations.” Other positive features of The Fairmont by Propertymart are its eco-friendly environment, top-grade infrastructure including paved roads, CCTV, electricity, street lights, drainage and green areas amongst others. A significant player in Nigeria’s real estate sector since its incorporation in 2008, Propertymart has delivered over 6,000 housing units and serviced plots to families and individuals in Lagos, Ogun and the Federal Capital Territory (FCT). Some of its key projects include Citiview Estate, Arepo; Mitchel Mews, Magodo; Edensville Estate, Simawa and Mitchville and Bel Terraces, Abuja.
ment Limited, a Lagos based real estate firm recently allocated plots of lands to subscribers of its Fairmont Hilltop Estate, Alagbado, in line with its goal of reducing the housing deficit in the country. The latest allocation is one of the series targeted at providing comfortable housing away from the bustling city life to a fine country living which the Fairmont Hilltop presents. Located in Alagbado, within close proximity to necessary amenities capable of serving the hilltop lifestyle, the Fairmont Hilltop gives subscribers the complete experience of a city with security, comfort, and accessibility, as well as a variety of recreational facilities, products, and services. Subscribers to the Fairmont Hilltop estate, Alagbado have commended the developers of the project, for the professional and prompt manner their plots of land were allocated to them. The company’s management was showered with accolades for not reneging on its commitment to commence allocation of plots and infrastructural development on site. Tunde Salami, a subscriber to the Fairmont Hilltop, Alagbado said the offering was so unbeliev-
friends about same; some of whom have consequently indicated their interests. He urged the company to keep up with the innovative offerings and sustain its standards. Another subscriber to the estate, Omoti Emmanuel, who is also an allottee on another of Propertymart’s estates, City Park 2, confessed to being in love with the company’s taste for good architectural design and attention to details. This, he said, has been a major factor encouraging him to be a serial subscriber to the company’s products and by extension, had become its advocate. Deputy Managing Director of the company, Abimbola Arasi at the handing over ceremony, assured the subscribers of the company’s resolve to always deliver on its mandate, notwithstanding the economic realities of the country. According to him, since the company’s inception in 2008, it has continuously pursued the singular objective of advancing people lives through providing affordable housing solutions under a reputable management and board of directors. He stated further that a keythrust of the housing revolution which the company is champi-
oning is the need to encourage more persons to acquire their own properties at affordable prices under a flexible payment arrangement. This also informed the decision of the company to introduce the Fairmont Hilltop Alagbado scheme which is being offered at amazingly affordable price when compared with the quality of infrastructure being provided. The Fairmont Hilltop is about 15 minutes distance from The Palms Mall, Sango Ota, eight minutes from Command Day Secondary School and 20 minutes from Muritala Mohammed International Airport, Computer Village and Canaan Land in Ota, Ogun state. The DMD believes the thrust of the firm’s mission is hinged on the provision of needed infrastructure such as roads, walkways, and recreational facilities in a serene, beautiful and secured living environment. He noted that Propertymart is steadily reversing the country’s housing deficit through novel initiatives and a commitment that resonates with the other member companies under its parent company Palton Morgan Holdings which is based on trust, excellence, and professionalism.
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T H I S D AY t TUESDAY MAY 28, 2019
PROPERTY & ENVIRONMENT
NCF commemorates WMBD with String Art, Beach Clean-up Bennett Oghifo The Nigerian Conservation Foundation (NCF) joined the rest of the world to commemorate the 2019 World Migratory Bird Day (WMBD) at five locations - Lekki, Lagos; Calabar, Cross River State; Nguru, Yobe State; Omo Forest, Ogun State and Finima, Rivers State. Its Lagos event held on Thursday 9th May, 2019 at the Kids Beach Garden, Lekki, having school pupils, teachers, environmental volunteers, conservationists, representatives of corporate organisations and press men in attendance. Beach Clean-up, String Art and environmental education talk featured in the 2019 WMBD
celebration with the theme “Protect Bird: Be the Solution to Plastic Pollution.” Participants were engaged in the clean-up of the beach to rid it of plastics, the plastics collected were separated into different categories – bottle caps, spoons, plastic bottles, plastic bags, etc. The school pupils were engaged in String Art. An art of using strings to create or make drawings. The Egyptian Vulture, Barn Swallow and Common Cuckoo were stringed, this is also to encourage the interest of the participants especially school children in migratory birds as well as their identification. Students were given the string boards for further practice in their various schools.
At Nguru, students of State College of Health Science & Technology, public and private owned secondary & primary schools, NYSC members and community people rallied for vulture conservation while commemorating WMBD. While at Omo forest, NCF celebrated WMBD through Arts and Crafts competition, Stakeholders Meeting, Bird Watching Session, Community Awareness Campaign and WMBD Assembly. In Calabar centre, participants gathered for an environmental talk on the need to protect the bird species and their habitat. However, at Finima, after the bird watching, and interactive sessions, participants explore
the splendour of the Finima Nature Park. The World Migratory Bird Day is an annual event used to raise awareness on bird migration and the importance of protecting the flyways (which is the route they utilise for these trips) and habitats utilised by birds during this seasonal experience. Migration is a regular and seasonal movement of birds between their breeding sites, which is where they give birth to their young and their wintering sites. The North to the Southern ends of Nigeria always host these wintering birds, thus, in addition to raising awareness for protecting habitats for resident birds, we must also do same for these migrants.”
IPBES Announces Co-Chairs to Lead Key Assessment of Invasive Alien Species Three leading global experts have been announced as the co-chairs of a new and vitally important assessment by the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES), of existing knowledge regarding invasive alien species and their control. IPBES, often described as the “IPCC for biodiversity”, is an independent intergovernmental body comprising more than 130 member governments. Established by Governments in 2012, it provides policymakers with objective scientific assessments about the state of knowledge regarding the planet’s biodiversity, ecosystems and the contributions they make to people, as well as the tools and methods to protect and sustainably use these vital natural assets. Professors Helen Roy MBE (United Kingdom), Aníbal Pauchard (Chile) and Peter Stoett (Canada) will head a team of more than 70 expert authors, to be selected from a large pool of nominations, by the end of June this year. Invasive alien species were identified, just weeks ago in the landmark IPBES Global Assessment Report, as one of the top five global culprits driving negative change in nature around the world – with numbers having
risen by 70% since 1970 across 21 countries. Once completed, the new three-year assessment will offer Governments and decision-makers at all levels the best available evidence on the array of invasive alien species; their impacts on biodiversity and nature’s contributions to people – especially to health and livelihoods; how and why they spread; levels of public awareness; as well as the effectiveness of current control measures and options for further policy and action. Welcoming the announcement of the three co-chairs, Dr. Anne Larigauderie, Executive Secretary of IPBES said: “The overwhelming coverage and impact of the IPBES Global Assessment Report has demonstrated that there is renewed concern, understanding and commitment to action to reduce and reverse the destruction of nature at every level. The three eminent scientists who have been chosen to lead this new IPBES assessment will have the opportunity to seize this momentum and to build on it in the context of the new post-2020 framework for biodiversity that will be adopted in China next year by the Governments of the world – at the 2020 UN Biodiversity Conference of the Convention on Biological Diversity.”
Ethiopia: AfDB’s Sustainable Energy Fund Approves Grant to Spur Renewable Investments
L-R: Special Adviser to Lagos State Governor on Community Affairs and Communication, Mr. Hakeem Sulaiman; Commissioner for Works & Infrastructure, representing the Governor, Mr. Ade Adesanya; Permanent Secretary, in the Ministry, Mr. Jimi Hotonu and the Commissioner for Local Government & Chieftaincy Affairs, Mr. Muslim Folami, during dualisation of Durosimi-Etti drive/Hakeem Dickson road, in Lekki Lagos… recently KOLA OLASUPO
The Sustainable Energy Fund for Africa (SEFA), managed by the African Development Bank on 17 May 2019 approved a $995,000 grant to support the roll out of a sustainable procurement framework for Independent Power Producers (IPPs) in Ethiopia. The SEFA grant will encourage private investments into hydropower projects through Ethiopia’s Renewable Energy Programme. It will strengthen the government’s capacity to undertake bankability and technical analysis including feasibility assessments of projects in the hydro priority pipeline. The grant also provides for environmental and social impact assessments, resettlements action plans, and preparation of bidding documents for hydro projects. “A well-structured procurement framework is crucial in mobilizing the investments
necessary to achieve universal energy access in Africa. The SEFA program will boost private IPPs participation, and spur investments into the Ethiopian hydro power sector,” said Wale Shonibare, the Bank’s acting Vice President for Power, Energy, Climate Change and Green Growth. The program also complements the assistance provided by the Bank’s Institutional IPP/ PPP Support Project, as well as the Bank-financed Mekele-Dallol and Semera-Afdera Power Supply for Industrial Development and Access Scale-up Project”, Shonibare added. Ethiopia has a vast but untapped renewable energy potential. Under a long-term development strategy, the government has outlined a National Electrification Program (NEP), targeting universal access by 2025 through a 65% on-grid, and 35% off grid combination.
‘There is Tremendous Improvement in Real Estate Business’ Mr. Patrick Agbaza, the Managing Director and chief Executive Officer of Pazino Engineering and Construction Company, discusses developmental issues in the nation’s real estate sector Tell us about Pazino’s real estate portfolio and who drives the firm The company has many estate schemes in Ibeju Lekki expressway, and in other areas of Lagos, as well as in some states. We have offices throughout Nigeria, and in South Africa, and besides real estate, we play a major role in the engineering, construction and dredging space in Nigeria. The firm is managed by Mr. Patrick Agbaza, an alumnus of the University of Benin. I’m an innovation-driven CEO and this has manifested in the unprecedented growth of the company in the last decade. My career in real estate spans over 18 Years and I’m not just a businessman but one that is very passionate at what he does. What is new in real estate that can be so appealing for people to want to invest or create investment portfolios? The real estate in Nigeria, especially that of Lagos has taken
a new dimension and a positive one at that, as it has enhanced the investment angle and the gain and profitability aspects of the business. Hitherto, the industry was not that rewarding, but all that has changed, as the agency fees and commission system of real estate products and services have increased and that area has opened up. Let us look at the commission earning system; you have first, second and third generation of earnings. In the past, there was no structure like that in the real estate industry, and secondly, there is so much awareness about the real estate business now unlike in the past, when a lot of people didn’t really know about the benefits of investing in real estate, but now people know that the safest area to invest your money is in real estate. What is your advice for an investor that wants to come through Pazino?
My advice for an investor is for them to invest through Pazino’s well-structured estate schemes, as a gateway to real estate, especially in the Ibeju Lekki axis of Lagos state. I will tell you a short story; Ibeju Lekki is where we have the free trade zone project, the Dangote refinery, the fertilizers plant, the deep sea port project, the cargo airport, just to mention a few. With the ongoing projects what does that portend for an investor? In one word, It is a cash cow, because of the developmental strides that is going on in this area. It simply means that when you invest in this area your return on investment (RoI) will be higher and faster. In the last eight years the Ibeju Lekki axis has been tested and has proved to be the number one in terms of investment in the long and short term. When you invest in real estate through Pazino your investment will count; Pazino has been tested and proved over the years, we are not omonile or a
hustle-round company. Some of the people who invested through the Pazino platforms in the last three or four years are smiling now because of higher returns on their investment; at Pazino we guarantee your investment. We take it even higher than that, as our clients are more like our partners in progress. We came into the business, because there was public yearning for things to be professionally done. We are to do real estate investment as professionals and we will give you consultancy advice on areas to invest, we are not selfish, we will give you the ABC in real estate investment, end to end. What is your take in real estate business in Nigeria, and Africa? I will say these, we are not there yet, but there is tremendous improvement, as compared to the business in the past, say 20 or 30 years ago. Today, there are structural designs and a lot of investment opportunities have
been opened up in real estate, the list is endless. There are professionals handling various aspects of real estate. In the past people were not serious about real estate, as it was just in the hands of a select few; people didn’t think deeply about the sector but all that has changed at least in the last 15 - 20 years. Some of us are doing well in that sector, you will agree with me, that when professionals come into an industry they take it to the next level. Why should investor not worry or have sleepless night over their investments? Yes, once you have invested in a professional like Pazino Estate you don’t need to worry because we have everything planned, you go to sleep knowing that your investment is secure, unless when you invest in shoddy schemes or omonile. For us at Pazino we are trained professionals in the business, and our core value is to deliver the
required services in real estate. What should be the strategy should Ibeju Lekki become over populated? In the area of population explosion, we will have a dual plan for the government. The traffic congestion from Lekki Phase I down to Ajah has been there for years, and I will expect the government to look into it critically to reduce the sufferings of the people by coming out with more positive plans. The government is the major regulator of the real estate, and they need to come up with plans to expand the road networks, build more overhead bridges in this axis, they should as well partner with private organisations and private individuals to carve out a more robust contemporary city plan. They should encourage people to do businesses from their homes and by so doing they will stay off the roads and there will be less congestion on the road.
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T H I S D AY Ëž Ëœ Í°ÍśËœ 2019
BUSINESS/MONEYGUIDE
PTAD: BiometricVerification Reveals 4,000 Ghost Police Pensioners Adibe Emenyonu iĂ˜ Ă?Ă˜Ă“Ă˜ ÓÞã The Executive Secretary, Pension Transitional Arrangement Directorate (PTAD), Sharon Ikeazor yesterday disclosed that the agency’s ongoing pensioners’ verification and biometric data capturing revealed not less than 4000 non-existing pensioners in the police force out of the 20,000 police pensioners it inherited. Ikeazor, stated this in Benin City, capital of Edo State, at the ongoing verification exercise for pensioners who retired from federal government agencies and parastatals in Edo and Delta states. She said good time awaits pensioners once the verification was finalised as they would no longer be made
to pass through the rigours of physical presence for verification. The PTAD Executive Secretary, said the pension directorate was also trying to decentralise their operations across the states instead of pensioners going to Abuja, hence the verification exercise was going on simultaneously in Rivers, Akwa-Ibom and Cross River State. “When we took on police pension, we had over 20,000 pensioners on our pay roll, by the time we concluded the verification, we got 16,000 pensioners and that is lot of savings for government and the genuine pensioners were now being paid. “The same for civil service pensions, by the time we concluded the verification, we had a lot of savings for government because those who were irregularly put on that pay roll
by the last administration has been take off and those genuine pensioners who were dropped, were replaced so it is the same exercise we are doing now,� Ikeazor stated. According to her, “PTAD has four pension departments that it inherited when it was set up, the police pension, the civil service pension, the Customs, Immigration and Prisons Service and the parastatals pensions. “What we are doing now is the parastatals verification which is made up of over 260 government agencies. This verification will be the last verification that will be conducted by PTAD because what we are doing is to have a credible secured data base, we will not bring our pensioners out again for verification once we conclude this.
Fashola Lauds Installation of Solar Microgrid System Ugo Aliogo The Minister for Power, Works and Housing, Mr. Babatunde Fashola, has expressed satisfaction over the design and installation of 1.52 MW solar plant with a battery storage capacity of 2.26 MWh by EM-ONE Energy Solutions. Fashola, in a statement from EM-ONE Energy Solution, noted that the ministry would be the first of federal government office complexes to use renewable as their primary power source. “The project will be the first of Nigeria’s Federal
Government office complexes to use renewable energy as their primary power source. “Once completed, the system will save millions of naira every year on a cleaner and more reliable power supply. This forms part of the federal government’s commitment to renewable energy and mini grid policy,� he said. The statement noted that the solar power plant would be mounted on carport and rooftop canopies and would generate 2.45 GWh of energy annually; reducing the ministry’s energy dependence on non-renewable power source by 71 per cent
and reducing CO2 generation by 2,600 tonnes. It added: “The solution provided by EM-ONE Energy Solutions is a fully integrated and scalable solution which can be increased in capacity as demand increases. “EM-ONE will also complete an electrical retrofit on four office buildings within the Ministry of Power, Works and Housing headquarters for energy efficiency upgrades. “The retrofit will replace old electrical appliances and connections with energy efficient ones – reducing the complex’s consumption by 40 per cent.�
Sterling BankTasks Architects on Low Cost Housing Nume Ekeghe Sterling Bank Plc has urged architects in the country to design buildings that are affordable for low-income earners so that can attract financing. Executive Director, Corporate and Investment Sterling Bank Mr. Yemi Odubiyi, gave the challenge in Lagos, recently, where he was a guest speaker at the closing ceremony of the Lagos Architects Forum 2019. “We are willing to support the housing sector but will only partner with you as long as you continue to create affordable housing designs.
“Our immediate focus are housing units that are less than N4 million and can even be lower over time. The challenge we are throwing at you is to designs buildings that are affordable which we can finance at scale,� Odubiyi said. The Executive Director observed that the bank’s presence at the architects’ forum was not by chance because it has always been keen on finding a solution to the country’s affordable housing problem. He disclosed that Sterling Alternative Finance (SAF) was well positioned to lessen the country’s housing deficit.
On his part, Commissioner for Housing, Lagos State Mr. Gbolahan Lawal, who represented the State Governor, Akinwunmi Ambode advised members of the Nigerian Institute of Architects (NIA) Lagos chapter, and all stakeholders present to give priority to the design and development of affordable housing. Lawal, stated that location was primary in making housing affordable. He said: “So, in your design you should always consider where you are going to locate the houses. In the Ministry of Housing, we have done a lot in this wise.
Stanbic IBTC Launches Africa-China Proposition Stanbic IBTC Bank has launched an Africa-China Agent Proposition (ACAP) which aims to assist Nigerian importers source and validate quality goods, safely and efficiently, from the most competitive suppliers in China. The ACAP offering is expected to revolutionise African importers’ view of China’s supplier universe. It would also ease the cash flow of African importers by providing access to financing while empowering importers with sight and control of the entire importing and logistics process. The offering, which is expected to connect African importers and Chinese exporters and open China to Africa, was officially launched
in Nigeria recently and would also be launched in Ghana and South Africa with other markets in Standard Bank’s African footprint to follow before the end of 2019. Currently, Nigerian importers order from only a handful of trusted Chinese suppliers. This, according to a statement from the bank, limits the negotiating power of African importers while stacking the terms of trade against them. While ordering online provides access to a wider range of suppliers, online imports cannot guarantee the quality of goods. “In most cases too, advance payments for goods is required. This is often demanded in cash, without reciprocal guarantees of
delivery or quality. This means that Nigerian importers often carry a disproportionate burden of risk in most transactions. “Language and cultural barriers are also a challenge for African importers when travelling and negotiating supplier agreements in China. “In response to these challenges, and in light of the vast opportunity that China presents as a trading partner, Standard Bank, the biggest bank in Africa, has leveraged its partnership with the Industrial and Commercial Bank of China (ICBC), the biggest bank in the world, to connect African importers with a dedicated trade agent in China,� the statement added.
L-R: Head of Growth and Partnerships, Jumia, Stanislaws Martins; Head of Vendor Operations & Experience, Omolola Onasanya and Head, PR and Communications, Olukayode Kolawole at the launch of the 2019 Nigeria Mobile Report by Jumia Nigeria in Lagos...recently ABIODUN AJALA
MARKET INDICATORS MONEY AND CREDIT STATISTICS
(MILLION NAIRA)
NOVEMBER 2018 Money Supply (M3)
31,794,803.44
-- CBN Bills Held by Money Holding Sectors
6,333,064.28
Money Supply (M2)
25,461,739.17
-- Quasi Money
14,773,076.98
-- Narrow Money (M1)
10,688,662.18
---- Currency Outside Banks
1,711,763.59
---- Demand Deposits
8,976,898.59
Net Foreign Assets (NFA)
18,990,400.78
Net Domestic Assets(NDA)
12,804,402.66
-- Net Domestic Credit (NDC)
26,062,986.22
---- Credit to Government (Net)
2,980,229.66
---- Memo: Credit to Govt. (Net) less FMA
7,093,619.43
---- Memo: Fed. and Mirror Accounts (FMA)
-4,144,571.43
---- Credit to Private Sector (CPS)
23,082,756.56
--Other Assets Net
13,258,583.57
Reserve Money (Base Money
6,811,192.37
--Currency in Circulation
2,100,129.91
--Banks Reserves
4,366,259.05
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Money Market Indicators (in Percentage) Month
March 2018
Inter-Bank Call Rate
15.16
Minimum Rediscount Rate (MRR) Monetary Policy Rate (MPR)
14.00
Treasury Bill Rate
11.84
Savings Deposit Rate
4.07
1 Month Deposit Rate
8.82
3 Months Deposit Rate
9.72
6 Months Deposit Rate
10.93
12 Months Deposit Rate
10.21
Prime Lending rate
17.35
Maximum Lending Rate
31.55
Ëž Ă™Ă˜Ă?ĂžĂ‹ĂœĂŁ ÙÖÓĂ?ĂŁ Ă‹ĂžĂ? Ě‹ ͯ͹Ϲ
OPEC DAILY BASKET PRICE Ëœ ͰͲ Ͱ͎ͯ͡
The price of OPEC basket of fourteen crudes stood at $67.40 a barrel on Friday, compared with $68.56 the previous day, according to OPEC Secretariat calculations. The OPEC Reference Basket of Crudes (ORB) is made up of the following: Saharan Blend (Algeria), Girassol (Angola), Djeno (Congo), Oriente (Ecuador), ZaďŹ ro (Equatorial Guinea), Rabi Light (Gabon), Iran Heavy (Islamic Republic of Iran), Basra Light (Iraq), Kuwait Export (Kuwait), Es Sider (Libya), Bonny Light (Nigeria), Arab Light (Saudi Arabia), Murban (UAE) and Merey (Venezuela). SOURCE: OPEC headquarters, Vienna
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T H I S D AY Ëž Ëœ Í°ÍśËœ Ͱ͎ͯ͡
MARKET NEWS
SEC Warns Operators against Unethical Practices in Capital Market Goddy Egene The Securities and Exchange Commission (SEC) has warned some operators in the Nigerian capital market to desist from practices that violate rules and regulations in the market. The commission in a statement on Monday, said its attention had been drawn to an emerging trend of unethical conduct by brokers, issuing houses/book runners and other receiving agents in
primary and secondary market transactions. The SEC said the concerned operators carry out their activities by inducing investment through the sharing of brokerage fees or receiving agents commission with private banking officers, asset/fund managers, pension fund administrators (PFA)s and other institutional investor classes who are not duly registered or recognised by the Commission as being eligible to be paid
P R I C E S MAIN BOARD
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commission. The commission therefore warned: “Notice is hereby issued that only capital market operators duly registered by the commission are eligible to be paid brokerage fee/receiving agents’ commission and such operators shall not pay or offer a percentage of the commission earned from services provided in a transaction as an incentive for investment. “Any capital market operator
S E C U R I T I E S MARKET PRICE
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found to engage in this practice or similar acts shall be subject to strict regulatory actions in accordance with the rules and regulations of the commission.� The SEC has enjoined the public to utilise its whistle blowing mechanism to provide information on any known or suspected case for necessary action. Meanwhile, the stock market opened for the week on a negative note as investors booked profit in bellwethers. The
T R A D E D MAIN BOARD
A S
Nigerian Stock Exchange (NSE) All-Share Index (NSE) ASI fell 2.2 per cent to close at 30,199.32, while market capitalisation shed N302.4 billion to close at N13.3 trillion. Activity level weakened as volume and value traded shed 50.6 per cent and 74 per cent to 145.2 million units and N1.7 billion respectively. The top traded stocks by volume were Fidelity Bank (28.3 million units), Access Bank Plc (20.3 million units) and United Bank
O F
for Africa Plc (20.1 million units) while MTN Nigeria Plc (N948.2 million), Zenith Bank Plc (N168.3 million) and Access Bank (N117.4 million) led the top traded stocks by value. In terms of price movement, 19 stocks depreciated compared with appreciated. R.T Briscoe Nigeria Plc led the price losers with 9.3 per cent, followed by MTN Nigeria Plc with 7.1 per cent, while Veritas Kapital Assurance Plc shed 4.7 per cent.
2 4 / 0 5 / 2 0 1 9 DEALS
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˾ TUESDAY, MAY 28, 2019
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Tuesday, May 28, 2019 Thisday Afrinvest 40 Index Gains 11bps
THISDAY AFRINVEST 40 INDEX
Yesterday, the Thisday Afrinvest 40 Index rose by 11bps to ƐĞƩůĞ Ăƚ ϭ͕ϯϭϱ͘ϰϴ ĚƵĞ ƚŽ ŐĂŝŶƐ ŝŶ GUARANTY ;нϬ͘ϴйͿ͕ ZENITH ;нϭ͘ϭйͿ ĂŶĚ ETI ;нϵ͘ϱйͿ͘ dŚĞƐĞ ƐƚŽĐŬƐ ĐƵŵƵůĂƟǀĞůLJ
Fundamental Performance Metrics for THISDAY AFRINVEST 40 Index
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ŽŵĞƐƟĐ ƋƵŝƟĞƐ DĂƌŬĞƚ KƉĞŶƐ ƚŚĞ tĞĞŬ EĞŐĂƟǀĞ͙ ASI down 2.2% /Ŷ ůŝŶĞ ǁŝƚŚ ŽƵƌ ĞdžƉĞĐƚĂƟŽŶ͕ ƚŚĞ ůŽĐĂů ďŽƵƌƐĞ ŽƉĞŶĞĚ ƚŚĞ ǁĞĞŬ ŽŶ Ă ŶĞŐĂƟǀĞ ŶŽƚĞ ĂƐ ŝŶǀĞƐƚŽƌƐ ŬĞĚ ƉƌŽĮƚ ŝŶ ďĞůůǁĞƚŚĞƌ ƐƚŽĐŬƐ – DdEE (-ϳ͘ϭйͿ͕ E' D (-ϰ͘ϬйͿ ĂŶĚ
Ticker
Current Price
THISDAY AFRINVEST 40
Ϯ͘Ϯй ƚŽ ƐĞƩůĞ Ăƚ ϯϬ͕ϭϵϵ͘ϯϮ ƉŽŝŶƚƐ ǁŚŝůĞ zd ůŽƐƐ ǁŽƌƐĞŶĞĚ ƚŽ
;Eϭϲϴ͘ϯŵͿ ĂŶĚ ACCESS ;Eϭϭϳ͘ϰŵͿ ůĞĚ ƚŚĞ ƚŽƉ ƚƌĂĚĞĚ ƐƚŽĐŬƐ ďLJ ǀĂůƵĞ͘
DŝdžĞĚ ^ĞĐƚŽƌ WĞƌĨŽƌŵĂŶĐĞ ĐƌŽƐƐ ƐĞĐƚŽƌƐ͕ ƉĞƌĨŽƌŵĂŶĐĞ ǁĂƐ ŵŝdžĞĚ ĂƐ ϯ ŽĨ ϲ ŝŶĚŝĐĞƐ ƵŶĚĞƌ ŽƵƌ ĐŽǀĞƌĂŐĞ ĐůŽƐĞĚ ƐŽƵƚŚǁĂƌĚƐ͘ dŚĞ ĨƌŝŶǀĞƐƚ / d (AFR-/ dͿ ŝŶĚĞdž - Ă ŵĂƌŬĞƚ-ĐĂƉ-ǁĞŝŐŚƚĞĚ ŝŶĚĞdž ŽĨ ƐĞǀĞŶ ůŝƐƚĞĚ / d ƐĞĐƵƌŝƟĞƐ - ůĞĚ ůĂŐŐĂƌĚƐ͕ ĚŽǁŶ ϳ͘ϭй ŽŶ ƚŚĞ ďĂĐŬ ŽĨ Ă ůŽƐƐ in DdEE (-ϳ͘ϭйͿ͘ dŚĞ /ŶĚƵƐƚƌŝĂů 'ŽŽĚƐ ŝŶĚĞdž ƚƌĂŝůĞĚ͕ ĚĞƉƌĞĐŝĂƟŶŐ Ϯ͘ϭй ƉƌŝŵĂƌŝůLJ ŽŶ ƚŚĞ ďĂĐŬ ŽĨ ƉƌŽĮƚ-ƚĂŬŝŶŐ ŝŶ E' D (-ϰ͘ϬйͿ͘ ^ŝŵŝůĂƌůLJ͕ ƐĞůů ƉƌĞƐƐƵƌĞƐ ŝŶ K E K (Ϯ͘ϯйͿ ĂŶĚ &KZd (-ϭ͘ϯйͿ ĚƌĂŐŐĞĚ ƚŚĞ Kŝů Θ 'ĂƐ ŝŶĚĞdž Ϭ͘ϰй ůŽǁĞƌ͘ KŶ ƚŚĞ ŇŝƉ ƐŝĚĞ͕ ƚŚĞ ĂŶŬŝŶŐ ŝŶĚĞdž ůĞĚ ŐĂŝŶĞƌƐ͕ ƵƉ ϭ͘Ϭй ĨŽůůŽǁŝŶŐ ƉƌŝĐĞ ĂƉƉƌĞĐŝĂƟŽŶ ŝŶ ETI ;нϵ͘ϱйͿ͕ ZENITH
ƉƌŽƉƉĞĚ ƚŚĞ ŽŶƐƵŵĞƌ 'ŽŽĚƐ ĂŶĚ /ŶƐƵƌĂŶĐĞ ŝŶĚŝĐĞƐ ϳϬďƉƐ ĂŶĚ ϰďƉƐ ŚŝŐŚĞƌ ƌĞƐƉĞĐƟǀĞůLJ͘
/ŶǀĞƐƚŽƌ ^ĞŶƟŵĞŶƚ tĞĂŬĞŶƐ /ŶǀĞƐƚŽƌ ƐĞŶƟŵĞŶƚ ĂƐ ŵĞĂƐƵƌĞĚ ďLJ ŵĂƌŬĞƚ ďƌĞĂĚƚŚ ;ĂĚǀĂŶĐĞͬĚĞĐůŝŶĞͿ ǁĞĂŬĞŶĞĚ ƚŽ Ϭ͘ϳdž ĨƌŽŵ ϭ͘Ϯdž ĂƐ ϭϰ ƐƚŽĐŬƐ ĂĚǀĂŶĐĞĚ ĂŐĂŝŶƐƚ ϭϵ ƐƚŽĐŬƐ ƚŚĂƚ ĚĞĐůŝŶĞĚ͘ dŚĞ ŽƵƚƉĞƌĨŽƌŵŝŶŐ
-10.4%
31.5%
16.8%
6.0%
4.6x
0.7x
6.3%
15.7%
-9.1%
-9.3%
33.1%
5.3%
4.7x
1.5x
8.8%
21.4%
2 Zenith Bank PLC
19.20
1.1%
11.6%
-16.7%
-7.4%
24.7%
3.2%
3.2x
0.8x
14.6%
31.0%
192.00
-4.0%
10.2%
1.2%
3.2%
40.1%
21.8%
8.7x
3.2x
8.3%
11.5%
1,400.00
0.0%
8.6%
-5.7%
-5.1%
81.2%
27.4%
23.5x
17.6x
4.2%
4.3%
58.00
0.0%
4.6%
-32.2%
-24.2%
9.5%
4.4%
26.6x
2.7x
4.2%
3.8%
7.00
-0.7%
5.2%
-11.9%
-12.5%
10.0%
1.1%
4.2x
0.5x
3.7%
23.8%
14.00
0.0%
3.6%
-27.8%
-27.8%
4.7%
4.3%
4.1x
0.5x
2.9%
24.6%
5.70
-0.9%
3.6%
-26.0%
-26.9%
15.5%
1.7%
2.4x
0.4x
14.8%
41.3%
19.8%
3 Dangote Cement PLC 4 Nestle Nigeria PLC 5 Nigerian Brew eries PLC 6 FBN Holdings Plc
8 United Bank for Africa PLC 9 International Brew eries PLC 10 SEPLAT Petroleum Development C
20.00
0.0%
2.6%
-34.4%
-36.5%
-23.8%
-3.2%
520.00
0.0%
3.2%
-18.8%
-16.2%
10.1%
6.3%
5.1x
0.5x
3.5% 8.6%
4.9x
5.80
0.0%
3.2%
-14.7%
-10.8%
22.2%
2.1%
1.5x
0.4x
11.00
9.5%
2.5%
-21.4%
-23.1%
15.3%
1.2%
3.1x
0.5x
-1.8%
13 Stanbic IBTC Holdings PLC
42.05
0.0%
2.6%
-12.3%
-9.4%
30.3%
4.6%
6.3x
1.7x
3.6%
33.70
8.7%
2.5%
-8.9%
-8.9%
12.7%
7.7%
18.8x
2.3x
4.9%
5.3%
15 Lafarge Africa PLC
10.00
0.0%
1.5%
-19.7%
-16.7%
-53.7%
-7.9%
0.7x
14.6%
-63.0%
16 Guinness Nigeria PLC
50.50
0.0%
1.0%
-29.9%
-29.9%
6.8%
3.7%
16.9x
1.3x
3.6%
5.9%
17 Okomu Oil Palm PLC
74.00
0.0%
1.4%
-2.9%
-2.9%
21.0%
16.0%
11.7x
2.4x
4.3%
8.6%
18 Total Nigeria PLC
162.00
0.0%
1.2%
-20.2%
-20.2%
19.3%
4.5%
9.5x
1.8x
10.7%
10.6%
19 11 PLC
175.00
0.0%
1.3%
-5.7%
-5.7%
38.0%
16.8%
5.8x
2.0x
4.7%
17.1%
13.75
-0.4%
0.8%
-40.5%
-38.1%
6.6%
2.0%
6.4x
0.4x
7.3%
15.7%
21 Oando PLC
4.30
-2.3%
1.1%
-14.0%
-10.4%
14.3%
2.5%
2.0x
0.3x
22 Fidelity Bank PLC
1.79
-1.1%
1.1%
-11.8%
-11.8%
12.7%
1.4%
2.1x
0.3x
6.3%
23 Transnational Corp of Nigeria
1.13
-0.9%
0.9%
-14.4%
-10.3%
16.4%
3.6%
4.2x
0.7x
2.7%
23.7%
24 Dangote Sugar Refinery PLC
13.35
0.0%
0.9%
-12.5%
-9.8%
22.3%
12.6%
6.7x
1.5x
8.2%
14.9%
2.0x
0.2x
8.6%
49.3%
0.3x
10.0%
-30.8%
43.7%
20 Flour Mills of Nigeria PLC
51.2%
26 FCMB Group Plc
1.62
1.3%
0.6%
-14.3%
-10.0%
8.8%
1.2%
27 UAC of Nigeria PLC
6.35
-1.6%
0.4%
-34.9%
-33.5%
-7.9%
-3.6%
2.07
0.0%
0.6%
8.9%
8.9%
9.3%
0.9%
6.4x
0.6x
29 Presco PLC
58.00
0.0%
0.4%
-9.4%
-9.4%
37.0%
24.8%
2.3x
0.7x
3.8%
30 NASCON Allied Industries PLC
17.00
0.0%
0.4%
-5.6%
-5.6%
32.2%
12.9%
11.1x
3.6x
5.9%
31 Forte Oil PLC
27.45
-1.3%
0.4%
-4.4%
-2.0%
48.9%
7.4%
32 Union Bank of Nigeria PLC
6.90
-1.4%
0.4%
23.2%
23.2%
6.6%
1.2%
12.1x
0.9x
33 Julius Berger Nigeria PLC
23.00
0.0%
0.3%
14.4%
4.1%
19.9%
2.3%
4.7x
0.9x
28 Sterling Bank PLC
46.8%
34 PZ Cussons Nigeria PLC 35 Chemical and Allied Products P 36 Wema Bank PLC
2.1x
8.3% 8.7%
0.0%
0.2%
-29.8%
-30.9%
0.8x
1.8%
0.0%
0.2%
-10.8%
-10.8%
68.7%
31.5%
10.5x
6.6x
9.3%
9.5%
0.62
5.1%
0.2%
-1.6%
-1.6%
7.3%
0.7%
6.5x
0.5x
4.8%
15.5%
75.00
0.0%
0.2%
9.8%
9.8%
16.60
3.1%
0.4%
142.3%
151.5%
-15.8%
-5.1%
39 Transcorp Hotels Plc
5.40
0.0%
0.1%
-11.5%
-9.2%
6.0%
3.2%
40 AXA Mansard Insurance PLC
1.80
0.0%
0.1%
-1.6%
-1.6%
11.0%
3.1%
P ric e
1.2x
1.7%
2.6x
1.2%
12.0x
0.7x
2.8%
7.9x
0.9x
-6.8% 8.3% 12.7%
T o p 10 T r a d e s b y V o l u m e
T o p 10 G a i n e r s P ric e C hg %
T ic k er
Vo lum e
P ric e C hg %
N EIM ET H
0.56
9.8%
F ID ELIT YB K
28.3
-1.1%
ET I
11.00
9.5%
A C C ESS
20.3
0.0%
UN IT YB N K
0.71
9.2%
UB A
20.1
-0.9%
M OR ISON
0.60
9.1%
Z EN IT H B A N K
8.7
1.1%
UN ILEVER
33.70
8.7%
M TNN
7.2
-7.1%
SOVR EN IN S
0.25
8.7%
FB NH
7.1
-0.7%
J A P A ULOIL
0.28
7.7%
J A IZ B A N K
6.1
-4.1%
WEM A B A N K
0.62
5.1%
CHA M S
5.9
0.0%
D A N GF LOUR
16.60
3.1%
T R A N SC OR P
4.7
-0.9%
1.62
1.3%
UC A P
2.6
0.4%
T o p 10 T r a d e s b y V a l u e
T o p 10 L o s e r s T ic k er
21.5%
8.50
37 Beta Glass PLC
FCM B
9.0% -7.7%
31.10
38 Dangote Flour Mills Plc
T ic k er
15.7%
P ric e
P ric e C hg %
T ic k er
Value
P ric e C hg %
0.29
-9.4%
M TNN
948.2
-7.1%
130.00
-7.1%
Z EN IT H B A N K
168.3
1.1%
s Z/d ^< W (-ϰ͘ϴйͿ ůĞĚ ůĂŐŐĂƌĚƐ͘ /Ŷ ůŝŶĞ ǁŝƚŚ ŽƵƌ
M TNN
ĞdžƉĞĐƚĂƟŽŶ͕ ŵĂƌŬĞƚ ƉĞƌĨŽƌŵĂŶĐĞ ǁĂƐ ŶĞŐĂƟǀĞ ĂƐ ŝŶǀĞƐƚŽƌƐ
VER IT A SKA P
0.20
-4.8%
A C C ESS
117.4
0.0%
C OUR T VILLE
0.21
-4.5%
UB A
114.6
-0.9% -0.7%
J A IZ B A N K
0.47
-4.1%
FB NH
49.9
ǁĞĞŬ͘ tĞ ĞdžƉĞĐƚ ƚŚĞ ŶĞŐĂƟǀĞ ƉĞƌĨŽƌŵĂŶĐĞ ƚŽ ƉĞƌƐŝƐƚ ŝŶ ƚŚĞ
D A N GC EM
192.00
-4.0%
F ID ELIT YB K
49.5
-1.1%
ĂďƐĞŶĐĞ ŽĨ ĂŶLJ ŵĂũŽƌ ĐĂƚĂůLJƐƚ͘
M A YB A KER
2.28
-3.8%
GUA R A N T Y
47.7
0.6%
Afrinvest West Africa Limited
15.9%
25 Diamond Bank PLC
R T B R ISC OE
ŬĞĚ ƉƌŽĮƚ ŽŶ ůĂƌŐĞ-ĐĂƉ ƐƚŽĐŬƐ ǁŚŝĐŚ ƌĂůůŝĞĚ ƚŚĞ ƉƌĞǀŝŽƵƐ
67.8% 32.4%
14 Unilever Nigeria PLC
ƐƚŽĐŬƐ ǁĞƌĞ E /D d, ;нϵ͘ϴйͿ͕ ETI ;нϵ͘ϱйͿ ĂŶĚ UNITY ;нϵ͘ϮйͿ ǁŚŝůĞ Zd Z/^ K (-ϵ͘ϰйͿ͕ DdEE (-ϳ͘ϭйͿ ĂŶĚ
Divindend Earnings Yield Yield
19.5%
;нϭ͘ϭйͿ ĂŶĚ GUARANTY ;нϬ͘ϲйͿ͘ &ŝŶĂůůLJ͕ ŐĂŝŶƐ ŝŶ UNILEVER ;нϴ͘ϳйͿ͕ E'&>KhZ ;нϯ͘ϭйͿ ĂŶĚ ^KsZ E/E ;нϴ͘ϳйͿ
P/BV
0.6%
ĐĂƉŝƚĂůŝƐĂƟŽŶ ĨĞůů ƚŽ Eϭϯ͘ϯƚŶ͘ ĐƟǀŝƚLJ ůĞǀĞů ǁĞĂŬĞŶĞĚ ĂƐ
and UBA ;ϮϬ͘ϭŵ ƵŶŝƚƐͿ ǁŚŝůĞ DdEE ;Eϵϰϴ͘ϮŵͿ͕ ZENITH
P/E
0.11%
12 Ecobank Transnational Inc
ǀŽůƵŵĞ ǁĞƌĞ FIDELITY ;Ϯϴ͘ϯŵ ƵŶŝƚƐͿ͕ ACCESS ;ϮϬ͘ϯŵ ƵŶŝƚƐͿ
ROA
31.30
11 Access Bank PLC
ƵŶŝƚƐ ĂŶĚ Eϭ͘ϳďŶ ƌĞƐƉĞĐƟǀĞůLJ͘ dŚĞ ƚŽƉ ƚƌĂĚĞĚ ƐƚŽĐŬƐ ďLJ
ROE
1,315.48
-ϯ͘ϵй͘ ^ŝŵŝůĂƌůLJ͕ ŝŶǀĞƐƚŽƌƐ ůŽƐƚ EϯϬϮ͘ϰďŶ ŝŶ ǀĂůƵĞ ĂƐ ŵĂƌŬĞƚ
ǀŽůƵŵĞ ĂŶĚ ǀĂůƵĞ ƚƌĂĚĞĚ ƐŚĞĚ ϱϬ͘ϲй ĂŶĚ ϳϰ͘Ϭй ƚŽ ϭϰϱ͘Ϯŵ
Price Change Index to Date
1 Guaranty Trust Bank PLC
7 Cement Co Northern Nigeria PLC
UBN (-ϭ͘ϰйͿ͘ ŽŶƐĞƋƵĞŶƚůLJ͕ ƚŚĞ ůů ^ŚĂƌĞ /ŶĚĞdž ĚĞĐůŝŶĞĚ ďLJ
Price Previous Current Change Price Weightin YTD Change g
LA SA C O
0.30
-3.2%
D A N GSUGA R
26.0
0.0%
A F R IP R UD
3.60
-2.7%
UB N
14.4
-1.4%
OA N D O
4.30
-2.3%
FO
12.1
-1.3%
Brokerage
Asset Management
Investment Research
Ayodeji Ebo | aebo@afrinvest.com
Ola Belgore | obelgore@afrinvest.com
Robert Omotunde | romotunde@afrinvest.com
Adedoyin Allen | aallen@afrinvest.com Oluwarotimi Ashimi | oashimi@afrinvest.com
Adedayo Bakare | abakare@afrinvest.com
33
TUESDAY, MAY 28, 2019 ˾ T H I S D AY
MARKET NEWS
FBN Quest Complies with Global Investment Performance Standards Goddy Egene FBNQuest Asset Management, a subsidiary of FBNQuest Merchant Bank and part of the FBN Holdings Plc group, has complied with the Global Investment Performance Standards (GIPS). Introduced in 1999, the GIPS standards are a rigorous set of investment performance
measurement principles, which have been adopted in over 40 countries and recognised around the world for imbuing trust, integrity and uniformity to performance reporting and enabling comparability of a firm’s track record. FBNQuest Asset Management said by voluntarily adopting compliance with GIPS, it has joined a select list of investment
A Mutual fund (Unit Trust) is an investment vehicle managed by a SEC (Securities and Exchange Commission) registered Fund Manager. Investors with similar objectives buy units of the Fund so that the Fund Manager can buy securities that willl generate their desired return. An ETF (Exchange Traded Fund) is a type of fund which owns the assets (shares of stock, bonds, oil futures, gold bars, foreign currency, etc.) and divides ownership of those assets into shares. Investors can buy these ‘shares’ on the
firms and asset owners globally, who uphold this set of standards. According to the company, the development reinforces its position as a thought leader as well as its commitment to promoting transparency and credibility in the investment management industry. The adoption of GIPS standards in FBNQuest Asset Management reaffirms its
floor of the Nigerian Stock Exchange. A REIT (Real Estate Investment Trust) is an investment vehicle that allows both small and large investors to part-own real estate ventures (eg. Offices, Houses, Hospitals) in proportion to their investments. The assets are divided into shares that are traded on the Nigerian Stock Exchange. GUIDE TO DATA: Date: All fund prices are quoted in Naira as at 10May-2019, unless otherwise stated.
commitment to transparency and full disclosure. Commenting on the achievement, Managing Director, FBNQuest Asset Management, Ike Onyia, said: “Our firm’s compliance with GIPS means that our performance reporting framework is now comparable to best practice in mature markets. The standardisation of our process and the growth in adoption of
these standards by the industry will benefit asset owners, as it will become easier to evaluate and compare the performance of different service providers” Speaking further said: “FBNQuest Asset Management is at the forefront of entrenching transparency, full and fair disclosure as well as best practice standards in our nascent industry. The promotion of these standards
is important to the credibility of the investment management industry and our voluntary initiative demonstrates our commitment to adding value to our clients.” FBNQuest Asset Management serves the needs of individuals, institutions and governments with a broad range of solutions based on its strong fundamental and quantitative research capabilities.
Offer price: The price at which units of a trust or ETF are bought by investors. Bid Price: The price at which Investors redeem (sell) units of a trust or ETF. Yield/Total Return: Denotes the total return an investor would have earned on his investment. Money Market Funds report Yield while others report Year- to-date Total Return. NAV: Is value per share of the real estate assets held by a REIT on a specific date.
DAILY PRICE LIST FOR MUTUAL FUNDS, REITS and ETFS MUTUAL FUNDS / UNIT TRUSTS AFRINVEST ASSET MANAGEMENT LTD aaml@afrinvest.com Web: www.afrinvest.com; Tel: +234 818 885 6757 Fund Name Bid Price Offer Price Yield / T-Rtn Afrinvest Equity Fund 145.79 147.58 -7.39% Afrinvest Plutus Fund 100.00 100.00 8.11% Nigeria International Debt Fund 277.33 277.33 1.50% ALTERNATIVE CAPITAL PARTNERS LTD info@acapng.com Web: www.acapng.com, Tel: +234 1 291 2406, +234 1 291 2868 Fund Name Bid Price Offer Price Yield / T-Rtn ACAP Canary Growth Fund 0.87 0.88 3.84% ACAP Income Funds 0.76 0.76 33.46% AIICO CAPITAL LTD ammf@aiicocapital.com Web: www.aiicocapital.com, Tel: +234-1-2792974 Fund Name Bid Price Offer Price Yield / T-Rtn AIICO Money Market Fund 100.00 100.00 13.23% AIICO Balanced Fund 2.29 2.31 3.13% ARM INVESTMENT MANAGERS LTD enquiries@arminvestmentcenter.com Web: www.arm.com.ng; Tel: 0700 CALLARM (0700 225 5276) Fund Name Bid Price Offer Price Yield / T-Rtn ARM Aggressive Growth Fund 15.49 15.96 -6.63% ARM Discovery Fund 344.53 354.91 -3.40% ARM Ethical Fund 29.11 29.99 3.09% ARM Money Market Fund 1.00 1.00 13.21% AXA MANSARD INVESTMENTS LIMITED investmentcare@axamansard.com Web: www.axamansard.com; Tel: +2341-4488482 Fund Name Bid Price Offer Price Yield / T-Rtn AXA Mansard Equity Income Fund 96.21 96.89 -4.92% AXA Mansard Money Market Fund 1.00 1.00 12.35% CAPITAL EXPRESS ASSET AND TRUST LIMITED info@capitalexpressassetandtrust.com Web: www.capitalexpressassetandtrust.com ; Tel: +234 803 307 5048 Fund Name Bid Price Offer Price Yield / T-Rtn CEAT Fixed Income Fund N/A N/A N/A CHAPELHILL DENHAM MANAGEMENT LTD investmentmanagement@chapelhilldenham.com Web: www.chapelhilldenham.com, Tel: +234 461 0691 Fund Name Bid Price Offer Price Yield / T-Rtn Chapelhill Denham Money Market Fund 100.00 100.00 13.62% Paramount Equity Fund 12.00 12.10 1.60% Women's Investment Fund 105.58 106.26 1.96% CORDROS ASSET MANAGEMENT LIMITED assetmgtteam@cordros.com Web: www.cordros.com, Tel: 019036947 Fund Name Bid Price Offer Price Yield / T-Rtn Cordros Money Market Fund 100.00 100.00 12.70% Cordros Milestone Fund 2023 98.91 99.37 Cordros Milestone Fund 2028 98.87 99.18 CORONATION ASSEST MANAGEMENT investment@coronationam.com Web:www.coronationam.com , Tel: 012366215 Fund Name Bid Price Offer Price Yield / T-Rtn Coronation Money Market Fund N/A N/A N/A Coronation Balanced Fund N/A N/A N/A Coronation Fixed Income Fund N/A N/A N/A EDC FUNDS MANAGEMENT LIMITED mutualfundng@ecobank.com Web: www.ecobank.com Tel: 012265281 Fund Name Bid Price Offer Price Yield / T-Rtn EDC Nigeria Money Market Fund Class A N/A N/A N/A EDC Nigeria Money Market Fund Class B N/A N/A N/A FBNQUEST ASSET MANAGEMENT LTD invest@fbnquest.com Web: www.fbnquest.com/asset-management; Tel: +234-81 0082 0082 Fund Name Bid Price Offer Price Yield / T-Rtn FBN Fixed Income Fund 1,188.82 1,189.66 6.50% FBN Heritage Fund 143.14 144.10 0.25% FBN Money Market Fund 0.00 0.00 0.00% FBN Nigeria Eurobond (USD) Fund - Institutional 115.74 116.20 4.80% FBN Nigeria Eurobond (USD) Fund - Retail 115.72 116.18 5.04% FBN Nigeria Smart Beta Equity Fund 137.97 139.93 -8.02% FIRST CITY ASSET MANAGEMENT LTD fcamhelpdesk@fcmb.com Web: www.fcamltd.com; Tel: +234 1 462 2596 Fund Name Bid Price Offer Price Yield / T-Rtn Legacy Money Market Fund 1.00 1.00 11.28% Legacy Debt Fund 3.40 3.40 4.85% Legacy Equity Fund 1.12 1.14 -8.35% Legacy USD Bond Fund 1.05 1.05 1.90% FSDH ASSET MANAGEMENT LTD coralfunds@fsdhgroup.com Web: www.fsdhaml.com; Tel: 01-270 4884-5; 01-280 9740-1 Fund Name Bid Price Offer Price Yield / T-Rtn Coral Growth Fund N/A N/A N/A Coral Income Fund N/A N/A N/A GREENWICH ASSET MANAGEMENT LIMITED assetmanagement@gtlgroup.com Web: www.gtlgroup.com ; Tel: +234 1 4619261-2 Fund Name Bid Price Offer Price Yield / T-Rtn Greenwich Plus Money Market Fund 100.00 100.00 11.74% Nigeria Entertainment Fund 107.08 107.47 -0.59% GROWTH & DEVELOPMENT ASSET MANAGEMENT LIMITED assetmanagement@gdl.com.ng Web: www.gdl.com.ng ; Tel: +234 9055691122 Fund Name Bid Price Offer Price Yield / T-Rtn GDL Money Market Fund 10.00 10.00 12.98%
INVESTMENT ONE FUNDS MANAGEMENT LTD enquiries@investment-one.com Web: www.investment-one.com; Tel: +234 812 992 1045,+234 1 448 8888 Fund Name Bid Price Offer Price Yield / T-Rtn Abacus Money Market Fund 100.00 100.00 12.31% Vantage Balanced Fund 2.12 2.14 -1.48% Vantage Guaranteed Income Fund 1.00 1.00 15.89% Kedari Investment Fund (KIF) 130.28 130.36 4.24% LOTUS CAPITAL LTD fincon@lotuscapitallimited.com Web: www.lotuscapitallimited.com; Tel: +234 1-291 4626 / +234 1-291 4624 Fund Name Bid Price Offer Price Yield / T-Rtn Lotus Halal Investment Fund 1.21 1.23 5.77% Lotus Halal Fixed Income Fund 1,100.66 1,100.66 5.43% MERISTEM WEALTH MANAGEMENT LTD info@meristemwealth.com Web: http://www.meristemwealth.com/funds/ ; Tel: +234 1-4488260 Fund Name Bid Price Offer Price Yield / T-Rtn Meristem Equity Market Fund 10.67 10.76 -7.23% Meristem Money Market Fund 10.00 10.00 12.04% PAC ASSET MANAGEMENT LTD info@pacassetmanagement.com Web: www.pacassetmanagement.com/mutualfunds; Tel: +234 1 271 8632 Fund Name Bid Price Offer Price Yield / T-Rtn PACAM Balanced Fund 1.26 1.28 2.93% PACAM Fixed Income Fund 11.45 11.52 2.94% PACAM Money Market Fund 10.00 10.00 12.24% SCM CAPITAL LIMITED info@scmcapitalng.com Web: www.scmcapitalng.com; Tel: +234 1-280 2226,+234 1- 280 2227 Fund Name Bid Price Offer Price Yield / T-Rtn SCM Capital Frontier Fund 120.30 120.67 -0.43% SFS CAPITAL NIGERIA LTD investments@sfsnigeria.com Web: www.sfsnigeria.com, Tel: +234 (01) 2801400 Fund Name Bid Price Offer Price Yield / T-Rtn SFS Fixed Income Fund 1.02 1.02 5.48% STANBIC IBTC ASSET MANAGEMENT LTD assetmanagement@stanbicibtc.com Web: www.stanbicibtcassetmanagement.com; Tel: +234 1 280 1266; 0700 MUTUALFUNDS Fund Name Bid Price Offer Price Yield / T-Rtn Stanbic IBTC Balanced Fund 2,351.87 2,365.37 1.63% Stanbic IBTC Bond Fund 201.43 201.43 5.94% Stanbic IBTC Ethical Fund 0.91 0.92 -3.68% Stanbic IBTC Guaranteed Investment Fund 254.93 255.03 5.18% Stanbic IBTC Iman Fund 158.39 160.32 -2.86% Stanbic IBTC Money Market Fund 100.00 100.00 12.69% Stanbic IBTC Nigerian Equity Fund 8,089.09 8,192.77 -4.67% Stanbic IBTC Dollar Fund (USD) 1.11 1.11 2.46% UNITED CAPITAL ASSET MANAGEMENT LTD unitedcapitalplcgroup.com Web: www.unitedcapitalplcgroup.com; Tel: +234 803 306 2887 Fund Name Bid Price Offer Price Yield / T-Rtn United Capital Balanced Fund 1.19 1.20 -0.15% United Capital Bond Fund 1.69 1.69 6.26% United Capital Equity Fund 0.68 0.69 -3.86% United Capital Money Market Fund 1.00 1.00 13.10% United Capital Eurobond Fund 110.79 110.79 3.29% United Capital Wealth for Women Fund 1.12 1.12 2.41% QUANTUM ZENITH ASSET MANAGEMENT & INVESTMENTS LTD service@quantumzenithasset.com.ng Web: www.quantumzenith.com.ng; Tel: +234 1-2784219 Fund Name Bid Price Offer Price Yield / T-Rtn Zenith Equity Fund 10.56 10.73 0.25% Zenith Ethical Fund Zenith Income Fund Zenith Money Market Fund
11.88 21.83 1.00
12.05 21.83 1.00
-0.30% 13.16% 11.75%
REITS NAV Per Share
Yield / T-Rtn
5.40 120.77 52.38
-44.85% 2.58% 1.24%
Bid Price
Offer Price
Yield / T-Rtn
9.98 98.38 81.53
10.08 100.46 83.03
-5.36% -16.14% -8.06%
Fund Name FSDH UPDC Real Estate Investment Fund SFS Skye Shelter Fund Union Homes REIT
EXCHANGE TRADED FUNDS Fund Name Lotus Halal Equity Exchange Traded Fund SIAML Pension ETF 40 Stanbic IBTC ETF 30 Fund
VETIVA FUND MANAGERS LTD Web: www.vetiva.com; Tel: +234 1 453 0697 Fund Name Vetiva Banking Exchange Traded Fund Vetiva Consumer Goods Exchange Traded Fund Vetiva Griffin 30 Exchange Traded Fund Vetiva Industrial Goods Exchange Traded Fund Vetiva S&P Nigeria Sovereign Bond Exchange Traded Fund
funds@vetiva.com Bid Price
Offer Price
Yield / T-Rtn
3.46 6.19 13.26 11.09 155.35
3.50 6.27 13.36 11.29 157.35
-13.47% -18.70% -11.29% -10.22% 8.17%
NAV Per Share
Yield / T-Rtn
106.90
17.40%
INFRASTRUCTURE FUND Fund Name Chapel Hill Denham Nigeria Infrastructure Debt Fund
The value of investments and the income from them may fall as well as rise. Past performance is a guide and not an indication of future returns. Fund prices published in this edition are also available on each fund manager’s website and FMAN’s website at www.fman.com.ng. Fund prices are supplied by the operator of the relevant fund and are published for information purposes only.
TUESDAY MAY 28, 2019 ˾ T H I S D AY
34
CHILDREN’S DAY...
CHILDREN’S DAY...
Buhari: FG Reviewing National Drug Control Master Plan Our Correspondents President Muhammadu Buhari yesterday said his administration is in the process of reviewing the National Drug Control Master Plan 2015-2019 with a focus on drug control and consumption. The president, who was represented by the Federal Capital Territory (FCT) Minister, Malam Muhammad Bello spoke at the 2019 Children’s Day celebration in Abuja. According to him, this is in addition to implementing the plan and addressing the national drug problem. The theme of this year’s celebration is: “Drug Abuse Among Children: Addressing the Challenge”. Buhari said the federal government in May 2018, placed restriction on the use, importation and the sale of codeine as a cough syrup without prescription. He added that both National Drug and Law Enforcement Agency (NDLEA) and the National Agency for Food, Drug Administration and Control (NAFDAC) have developed information, education and communication materials for awareness creation nationwide. “The Federal Ministries of Women Affairs and Social Development, Education and other stakeholders are also conducting public awareness activities about the ills of drug abuse in schools and dangers of drug and substance abuse among children.” According to him, as one of the interventions to ensure a protective and guaranteed future for children, government constituted a two-tier intervention structure.
Saraki: Children Nigeria’s Most Important Treasure The Senate President, Dr. Bukola Saraki, yesterday prayed for the release of the Dapchi Secondary School girl, Leah Sharibu, and other children being held in captivity by Boko Haram insurgents. Saraki also described children as Nigeria’s most important treasure as a country. Saraki in a message to mark the 2019 Children’s Day, signed by his Special Adviser on Media and Publicity, Yusuph Olaniyonu, felicitated with Nigerian children and urged leaders at all levels to recommit to the continuous empowerment of the Nigerian child. “Today, our nation celebrates its future — our children; our most important national treasure,” Saraki said. “As we do so, we recommit ourselves to ensuring that all Nigerian children are empowered to aspire to achieve greatness. “On this Children’s Day 2019, we remember Leah Sharibu and all other young Nigerian children who will be commemorating this symbolic day without their loved ones. We commit them into our prayers, and continue to call for their unequivocal release. He noted that the 8th National Assembly worked assiduously to provide for primary healthcare fund in the budget as well as ensuring that the Child’s Rights Act is domesticated across the states of the federation.
Ugwuanyi Urges Children to Shun Cultism, Examination Malpractice Enugu State Governor, Ifeanyi Ugwuanyi, has warned students in primary and secondary schools in Enugu State to shun cultism, examination malpractice and anti-social vices in order to become useful citizens. Ugwuanyi gave the warning yesterday, while declaring open the “2019 School Prize Quiz Winning/Scholarship Competition’’ held at Ugbawka, Nkanu-East Local Government Area of the state. The governor was represented by the Chief Supervisory Principal of the Post Primary Schools Management Board (PPSMB), Agbani Zone, Mr Sam Ani. He advised students to imbibe the culture of reading, pointing out that education remained the best legacy parents or guardians could give to their children.
Obiano: Our Priority is to Provide Enabling Environment for Our Children to Thrive
Anambra schools came out for Children’s Day celebration with Governor Willie Obiano assuring them of adequate protection and support in ensuring they are well educated to make the country develop. Obiano gave the assurance in Awka yesterday in a message to the 2019 Children Day celebration. The governor was represented by the Secretary to the Government, Prof Solo Chukwulobelu who also presented the speech of President Muhammadu Buhari to the children. “Here in Anambra, we will do everything within our powers to provide enabling environment for our children to thrive and encourage brilliant ones to excel. “Mr President speech which is titled ‘Drug Abuse among Children, Addressing the Challenges’ is apt,” he said.
Students during a march pass to celebrate the Children’s Day in Abuja...yesterday out-of-school children. According to him, basic education is the foundation upon which any education structure is built and can determine greatly the future of its people.
Obaseki Kicks against Child Marriage
Edo State Governor, Godwin Obaseki, has said he is working hard to get justice for Memunatu Musa, a 14-year-old pupil in Enikaro Primary School in the state who was recently lured into early marriage. Obaseki said at the 2019 Children’s Day celebration in Benin on Monday, that he was working in conjunction with his Kastina State counterpart, Aminu Masari, to achieve this. He said his administration would not allow children to be taken out of school for early marriage, noting that Miss Musa has to be brought back to Edo to continue her education. He said the state government would continue to work with the federal government to end child marriage in the country and ensure the Nigeria child attained his/her full potential. The governor also said his administration had set up a mechanism to punish parents and teachers in the state who abused children. Obaseki said the theme of the 2019 Children’s Day, “Drug Abuse among Children: Addressing the Challenges,” was a call for all to galvanise actions to end the menace in the country.
go a long way in promoting peace and societal development. He also condemned violence against children, calling for all hands to be on deck to address the problem. Balarabe-Abdullahi also urged parents and guardians to strive to ensure good education and proper upbringing of their children for a better society.
Bayelsa Govt Urges Children to Shun Social Vices
The Bayelsa State Government, has urged children in the state to shun social vices and embrace its free education programme to better their future. The Commissioner for Information and Orientation, Daniel Iworiso-Markson, made this remark yesterday in Yenagoa while the children celebrated the 2019 Children’s Day. Iworiso-Markson noted that embracing education would go a long way in reducing the number of out of school children in the state. He urged them to take their education seriously and embrace the robust education programmes put in place by the government. “I urge you to shun drug abuse, cultism and other social vices inimical to your future. “It is the desire of your parents, guardians and the government to see you become successful in your chosen careers,’’ he said.
Ajimobi, Oyetola Task Stakeholders on Drug Children’s Welfare will Be Our Priority, Abuse Among Children Says Kwara Gov-elect Governor Abiola Ajimobi of Oyo State and his Osun State counterpart, Adegboyega Oyetola have urged stakeholders, including parents, to work together and adopt pragmatic policies to curb drug abuse among Nigerian children and youths. The outgoing governor, who spoke through the state Head of Service, Mrs Amidat Agboola, made the call on the occasion of the 2019 National Children’s Day. The theme for the year is tagged: “Drug Abuse among Children: Addressing the Challenges.” Ajimobi said that the introduction and implementation of policies and strategies aimed at tackling the menace of drug abuse would help children attain their full potentials. On his part, Oyetola urged the youths, particularly children, to shun drug abuse and imbibe the spirit of godliness and good moral standards. Oyetola made the plea during the celebration of the 2019 Children’s Day at Osogbo City Stadium. The governor also appealed to parents to reflect in the upbringing of their children the ‘Omoluabi ethos’ cardinal to the Yoruba. Oyetola, who was represented by the Secretary to the State Government, Wole Oyebamiji, implored the children to prioritise their education and treasure their future above all other things. According to him, all hands must be on deck to build a sane society in view of the damning statistics and reports on drug abuse among children.
NANS Calls for Free, Compulsory Education Nasarawa Speaker Seeks End to Child for Children The National Association of Nigerian Students (NANS) has called Labour on the government to provide free and compulsory education to the Nigerian child. Mr. Danielson Akpan, who made the call in a statement in Abuja yesterday on behalf of NANS, in commemoration of the Children’s Day, said that the Nigerian children have excelled, despite numerous challenges. He also called on the federal, state and local governments to increase funding for education, especially the basic education where we have the record of having the highest number of
GBEMIGA OLAMIKAN.
The Speaker of the Nasarawa State House of Assembly, Alhaji Ibrahim Balarabe-Abdullahi, has lamented the high rate of child labour and abuse in the country. Balarabe-Abdullahi made his known in a statement issued in Keffi yesterday by his Press Secretary, Alhaji Jibrin Gwamna. He called for joint efforts to eradicate the menace of hawking and begging among children for societal development. The speaker noted that if parents, stakeholders join hands with government in tackling child abuse in the country, it would
Kwara State governor-elect, Abdulrahman Abdulrazaq, has promised that his administration will give priority to the welfare of children in the state. Abdulrazaq made the promise on Monday in Ilorin in his message to children on the occasion of the Children’s Day. In a release by his media aide, Rafiu Ajakaye, the governorelect congratulated Nigerian children on the occasion of the celebrations. “The greatness of any society will be determined by how much premium it places on the welfare of its children. “This is why we will pay better attention to the rights of our children to basic education and conducive environment to succeed in life,” he said. Abdulrazaq also said his administration would pursue childfriendly policies and support global initiatives to give children a head start in life.
Kwara Market Leader Calls on Parents to Stop Children from Hawking
General Market women Leader, Kwara State, Alhaja Nike Lambe, has called on parents to stop sending under aged children to hawk on the street. The market leader made the call yesterday in Ilorin, in an interview with the News Agency of Nigeria (NAN) saying that the act is wrong and dangerous. Lambe said that most of the children who sell on the streets were exposed to various forms of abuse, which could affect their lives completely. “Mothers especially, let us take care of our children, and be mindful of where we send them. “We see a lot of things in the market daily, some parents neglect their children all in the name of business, which is very wrong. “We market women are against children hawking, and on many occasions, I have stopped children who sell on the streets, and warned their parents to stop the act. “A lot of children have been abused in different ways and manner through hawking, and the stigma remains in the family for life, especially those that contacted diseases in the process,” she said.
35
TUESDAY MAY 28, 2019 ˾ T H I S D AY
NEWSEXTRA
Three Days after Expiration of Buhari’s Order, Gridlock Remains in Apapa Eromosele Abiodun Three days after the expiration of President Muhammadu Buhari’s order that trucks and tankers parked along Apapa Ports access roads to vacate the area within 72 hours, the both end of Western Avenue and Mile 2 to Tincan Island Port section of Apapa-Oshodi Express roads are still littered with trucks and tankers, THISDAY’s investigation has revealed. Truck owners who spoke to THISDAY yesterday blamed lack of parking space for their decision to remain on the port access roads, urging the federal government to give them more time to find parking space. However, the National President of the Association of Maritime Truck Owners (AMATO), Remi Ogungbemi, told THISDAY that his members were complying with the presidential directive, stressing that trucks were still on the road because the government order was restricted to containerised trucks. This is even as the Managing Director of the Nigerian Ports Authority (NPA), Hadiza BalaUsman, said yesterday that it would be impossible to totally remove all the trucks from the road if trailer park was not provided for the truckers. The AMATO President said the decision to allow Dangote trucks to remain on the road was also affecting the clearing effort. He said: “The government should order all trucks to leave the road so that movement can be fully regulated. Even at that, trucks will still be on the road because Apapa is a port area and the port has to operate. As an
association, we have no choice but to obey the government’s order. We call on Nigerians to be patient as there is no perfect system anywhere in the world.” Meanwhile, Bala-Usman who spoke on Lagos Talk FM, called on the Lagos and Ogun State Governments to provide land for the development of trailer parks. The NPA boss also called on the Federal Ministry of Power, Works and Housing, to conclude the trailer park inside the Tincan Island Port, noting that the ministry has been constructing the park around Tincan Island Port access for the past 10 years. She said: “I call on the Lagos state government to use overriding public interest and withdraw some of the land allocations they have for trailer parks so that they can be developed into standardised parks for the use of the state. “The traffic situation will not reduce in Apapa unless there is a concerted effort in providing trailer parks. I will also use this opportunity to call on the Federal Ministry of Power, Works and Housing to conclude the trailer park inside the Tincan Island Port, the ministry has been constructing the park around Tincan Island Port access for the past 10 years. “I have held discussions with the ministry two years ago when I assumed duty and requested that the trailer park be handed over to the NPA so that we can conclude the shore protection and have it ready. Fixing that trailer park along with what we have currently at Lilypond will go a long way in decongesting the traffic. “The gridlock in Apapa has been lingering for too long, the
Buhari Hosts Sultan, Ooni, Sanusi, Others to Iftar President Muhammadu Buhari yesterday evening hosted traditional rulers from across the country to a fast-breaking meal at the Presidential Villa, Abuja. The News Agency of Nigeria (NAN) reported that the traditional leaders who joined the president in the Ramadan breakfast included the Sultan of Sokoto, Alhaji Sa’ad Abubakar; the Ooni of Ife Oba Adeyeye Enitan Ogunwusi Ojaja II; and
the Emir of Kano, Alhaji Sanusi Lamido Sanusi. Others were the Etsu Nupe, Alhaji Yahaya Abubakar;the Tor Tiv, Prof. James Ayatse; and other prominent rulers from the South-south and South-east regions of the country. Government officials, including the Chief of Staff to the President, Malam Abba Kyari as well as some presidential aides were among those at the event.
NLC Congratulates Emefiele on His Reappointment The Nigeria Labour Congress (NLC) has congratulated the Governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele, on his reappointment for another term of five years. NLC President, Mr. Ayuba Wabba, expressed the message of goodwill in a letter to the apex bank governor yesterday in Abuja. “I wish to congratulate you on the recent renewal of your appointment as the governor of CBN for another term of five years, thus becoming one of the few central bank governors that have recorded such a feat. “There is no gainsaying the fact that your appointment is a testament to your commitment
to excellent service delivery and has come at a very auspicious time in our national life. “Given the critical place of the CBN as the premier financial and economic regulator in our country, we implore you to use the opportunity of your re-appointment to rededicate yourself to the task of consolidating the recovery of our economy from recession. “We also urge you to improve on the economic growth recorded in recent times. “We wish you a very rewarding second term in office. Please accept the renewed assurances of our highest esteem,” he said.
NPA in the last three weeks have withdrew the lease for the Lilypond Terminal and converted it into a Trailer Transit Park (TTP). We have also called on the Lagos State Government to provide land for TTP for the overriding public interest; we need trailer parks and holding bays to enable us manage the traffic. We cannot have a situation where all the trailers do not have designated parking space. We must have, as state or local government, a place for trucks to park”. Bala-Usman further said:
“The NPA intends to have call up system in the trailer parks. Lilypond is really a transit into the port; we need to have large-sized parks that will house the trailers on the road. A lot of the trailers on the road have no business in the port, they are there waiting to be called for business. If the Lagos or Ogun State Government provides space for the parks, those trailers who have no business at the port can stay there for people who need their service to contact them”. However, when THISDAY visited the Lagos Port Complex
yesterday, it discovered that trailers and other heavy-duty vehicles were no longer parked indiscriminately. Some stakeholders noted that the current situation has made life easy and bearable for them, particularly for port users and Lagosians living in Apapa, Ijora, Ajegunle, Orile and Surulere. In their separate interviews with THISDAY, some of the importers, port users, residents of Apapa and other stakeholders, lamented how tankers and trailers made their roads impassable and their lives
miserable before the conversion of the Lillypond terminal to a transit trailer park. An importer, Mr Oladimeji Benjamin, said the Ijora Road to Lagos Port Complex was totally blocked. Benjamin recounted: “We could not drive in or drive out of the port. For me to come to Apapa, I took my vehicle to CMS, paid N500.00 to park the vehicle; go to the jetty and paid another N150.00 from CMS to Apapa. From there, I took N100. 00 bike to LPC to carry out my business.
IMPLEMENTING TSA…
L-R: Ekiti State Commissioner for Finance and Economic Development, Hon. Dapo Kolawole; state Accountant General, Mrs. Yemisi Owolabi; Secretary to the State Government, Hon. Biodun Oyebanji; Executive Governor, Dr. John Kayode Fayemi; Head, CRM, Vertical Markets, Nigeria Inter Bank Settlemnt System (NIBSS), Mr. Samuel Oluyemi; and Head, Distribution and Engagement, Shared Agent Network Facility (SANEF), Uche Uzoebo; at the unveiling of the TSA Platform for Ekiti State Government in Ado- Ekiti … recently
Court Sacks Imo APC House-elect, Orders INEC to Return PDP Candidate Amby Uneze in Owerri A Federal High Court sitting in Owerri, Imo State capital yesterday sacked the member-elect for Nkwerre/Nwangele/Njaba/ Isu Federal Constituency of the state, Mr. Ugonna Ozurigbo. Ozurigbo of APC resigned his position as the Deputy Speaker of the Imo State House of Assembly last Wednesday. Justice Tijjani Ringim, who delivered the judgment, ordered the Independent National Electoral Commission (INEC) to issue a Certificate of Return to Kingsley Echendu of the Peoples Democratic Party (PDP). The court said that the plaintiff, Harrison Nwadike, was the “rightful winner” of the primary election in the
federal constituency. Nwadike had taken his party, APC, and INEC to court over the submission of Ozurigbo’s name as the candidate of the party. Nwadike prayed the court to declare him the APC rightful candidate, arguing that automatic tickets were unknown to the constitution. The court in its judgment agreed with the petitioner that automatic tickets were unknown to law. The judge said that the candidacy of Ozurigbo was illegitimate and ordered INEC to issue the PDP candidate, who came second in the general election, with the certificate of return as the rightful winner of the election.
Nwadike told the News Agency of Nigeria (NAN) that he agreed with the court that he was the rightful winner of the APC primary election. He, however, said that it was wrong for the court to have declared the PDP candidate the lawful winner of the poll. He said that he would go to court to challenge the aspect of the judgment which ordered INEC to issue a certificate of return to the PDP candidate. Counsel for the PDP candidate, Stanley Imo, also told NAN that the court was right to have declared his client the rightful winner of the election. He said, “The law is very clear on this. Nwadike did not participate in all the stages of
the election but my client did. “Now the court held that Ozurigbo was not the rightful candidate of the APC and said that the second runner-up, who is my client that participated in all the stages of the elections, should be issued with the certificate of return.” The PDP publicity secretary in the state, Mr. Damian Opara, urged INEC to waste no time in issuing its candidate the certificate of return as ordered by the court. Opara said that “the judgment has shown that impunity and illegality are bad. PDP held perfect primary election and we are reaping the dividend.” Efforts made by NAN to reach Ozurigbo were unsuccessful.
Anambra Community Tackles Obiano over Alleged Imposition of Monarch David-Chyddy ElekeinAwka Governor Willie Obiano of Anambra State has come under heavy attack by the people of Umudioka community in Dunukofia Local Government Area of the state for allegedly imposing a traditional ruler on them. Obiano had presented certificate of recognition to Chief Raphael Chukwura as the new monarch of the community last Tuesday at the Governor’s Lodge in Amawbia. But the action, instead, has
received condemnation from people of the community, including the king-makers, who insisted that the new king was never chosen by the people nor emerged through their due customary and traditional processes of selecting a traditional ruler. Chairman of the king-makers known as Nzeoba Oji-Ani Umudioka, Chief Nwachukwu Chiezie, in an interview told journalists that the people of the community had already chosen Chief Harry Obi-Nwosu, a Professor
of Psychology at the Nnamdi Azikiwe University Awka, as their Igwe-elect. He said: “We had even started according him full rights as a traditional ruler, and he was even on the verge of being presented with a certificate of recognition by the then Governor Chris Ngige when an action instituted in the court stopped it.” Chiezie vowed that the people of the community would explore every traditional and legal means to ensure that the new monarch
Yo
does not reign over the community. Also reacting, the immediate past President-General of the town union, Mr. Chuka Odenigbo, condemned the action of the governor, adding that the certificate of recognition presented to the new monarch amounted to contempt of a subsisting order of a court of competent jurisdiction. Several other communities in the state, including Obiano’s Aguleri, are still enmeshed in kingship tussle.
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Jonathan Calls for Confidence-building Measures to Sustain Nigeria’s Democracy Wike: Nigeria’s problems self-inflicted
Ernest Chinwo in Port Harcourt Former President Goodluck Jonathan has declared that if democracy must endure, the democratic process must be developed in a way that people will have confidence in the electoral process. This is coming as the Rivers State Governor, Mr. Nyesom Wike, has said that the problems of Nigeria are self-inflicted as they flow from politicisation of everything and the promotion of pervasive injustice. The former president spoke at a Lecture/Book Presentation to mark the second term inauguration of Wike, in Port Harcourt, yesterday. Jonathan stated that despite the challenges, the country must embrace electronic voting. He said that electronic voting is the ultimate going forward. He noted that the African continent must come up with minimum standards for the establishment of the election management body. Jonathan said for the purpose of confidence building for credible elections, no single person should have the power to constitute the election management body. He said: “We must come up with new standards for constituting our election management body in a way that people will have confidence. I believe in some quarters what they do is that a body of people
constitute the election management body. It is not in the hands of one person. “When you leave such responsibility in the hands of a politician, no matter how good the person is, there will be the tendency for people to suspect that the right thing is not done. When people don’t have confidence in the system, whatever they do, it is difficult for the people to accept “. He added: “The continental body, African Union , should come up with a minimum standard across Africa for constituting electoral management body “. “Also, the judicial process where one person constitutes all the election tribunals to hear petitions is not right. It is difficult in a democracy for somebody to be extremely neutral. In one way or the other, somebody close to you will be in one party or the other. The only way to be above is to make sure that one person does not have all the powers to constitute tribunals to listen to all cases,” he said. He called for the enthronement of independent security agencies that will provide security during elections. He also decried the online video in Rivers State where women were dragging soldiers attempting to compromise the state’s elections. “The African Union must come up with a code of conduct for security operatives that participate in elections. What happened in
Rivers State, in a video being circulated where women were dragging soldiers down from walls was a very sorry sight. When these things are being discussed outside the country, if you are a Nigerian, you feel so ashamed “. In his address, Wike decried the level of politicisation of the governance process of the country.
He said: “Although I lack the intellectual impetus to join issues with the learned Professor, but for me, Nigeria’s problems, which are largely self-inflicted, can be reduced to two: the politicisation of everything and pervasive injustice. “Over the years, we have allowed the entire governing system to be be corrupted by
banal politics and the courage to do what is right and fair to all parts of the country had since departed,” he said. The guest lecturer, Professor Anya O. Anya in a paper titled: “Re-imagining Nigeria: The Imperative of Democracy, values, peace and National Development in the New Nigeria, “ said Nigeria
is a country under siege and its people and leaders are in denial. He said: “We are at a stage where most nations are in dynamic state; where change is the order of the day. The rules of linear progression in social and economic evolution have given way to a situation where interactive forces act as interconnected matrices”.
ALL EYES ON PROFITABILITY…
L-R: Managing Director, GlaxoSmithKline Consumer Nigeria Plc, Mr. Bhushan Akshikar; Chairman, Board of Directors, Mr. Edmund Onuzo; Company Secretary/General Counsel, Mr. Uche Uwechia; and Finance Director, Mr. Kareem Hamdy at the 48th Annual General Meeting of GlaxoSmithkline Consumer Nigeria Plc in Lagos…recently
Military Kills 140 Bandits in Court Acquits Jonathan’s Cousin on $40m Fraud Charges Benue,Taraba, Nasarawa George Okoh in Makurdi The special military operation in Benue, Nasarawa and Taraba States known as operation whirl stroke has disclosed that 140 bandits and militias were killed by the force in the last one year of its operation It also said a total of 178 assorted weapons and 3,569 ammunition of different calibers were recovered from bandits in the last one year. The Commander of the special force, Major General Adeyemi Yekini, made this known while displaying the ammunition at an event marking its one year operation. Yekini also said 171 militia elements, including armed herdsmen and criminals linked to the notorious Terwase Agwaza (Gana), were arrested. According to Yekini, over 250,000 Internally Displaced Persons (IDP) have returned home since the inception of operation, adding that “215,000 in Benue State; 30,000 in Taraba State and 5,000 in Nasarawa State have returned home.” He further disclosed that 38 identified militia camps were destroyed across the three states (21 in Benue, 12 in Taraba and 5 in Nasarawa States), while Gana’s associates, including his wife, spiritual leader and close aides were also killed. General Yekini further announced that the operation has peacefully resolve five protracted conflicts among five
Alex Enumah in Abuja
ethnic groups. “The conflict in Lau, the Tiv and Fulani in Wukari Local Government Area of Taraba State, Shitile and Ukum clans in Katsina Ala, Ukum and Logo LGAs of Benue State as well as between Tiv and Fulani ethnic groups in Keana and Awe LGAs of Nasarawa State. The breakdown showed that 41 weapons and 1,293 ammunition were recovered in Benue State; 127 weapons and 2,235 ammunition were recovered in Nasarawa State and 10 weapons and 41 ammunition were recovered in Taraba State. “It will be seen from the statistics that more arms and ammunition were recovered from Nasarawa State than other states, although more operations were conducted in Benue State within the one year period,” Yekini said. He said there has been increase in farming and commercial activities in the rural areas of Benue, Nasarawa and Taraba State, and that significant reduction in cases of violent crimes to a degree that traditional law enforcement agencies are beginning to take the lead in their handling. He commended the federal government through the defence headquarters, the chief of defence staff, the chief of army staff, other service chiefs; heads of other security agencies, governors of the states, local government areas chairmen and balanced reportage by media practitioners in the three states
Justice Nnamdi Dimgba of the Abuja division of the Federal High Court yesterday discharged and acquitted, Robert Azibaola, a cousin to former President Goodluck Jonathan on the alleged $40 million fraud charges filed against him by the federal government. Justice Dimgba, in a judgment delivered, discharged the defendant from the two-count charge on the grounds that the prosecution failed to prove its claim of money laundering against the defendant. The Economic and Financial Crimes Commission, (EFCC) had slammed Azibaola and his company, One Plus Holdings Nigeria Limited, on a two-count charge bordering on money laundering
to the tune of $40m. He was alleged to have received the said sum from the detained former National Security Adviser (NSA), Sambo Dasuki, (rtd), without any contract agreement. However, delivering judgment in the suit, Justice Dimgba, held that the prosecution in handling its case could not adduce any credible evidence of money laundering against Azibaola. According to Justice Dimgba, the prosecution ought to have called or charged former National Security Adviser, Col. Sambo Dasuki (rtd), who is very central in the government’s case along with Azibaola. Justice Dimgba further noted that contrary to the position of the prosecution, the monies released
to the defendants were to tackle insecurity challenge in the Niger Delta within the said period. Consequently, the court dismissed the charge and acquitted Azibaola from the charge. “That the prosecutor has not been able to prove beyond a reasonable doubt the two-count charge against the defendant. The defendant is hereby discharged and acquitted and not guilty”, the court held. The court had on March 29, 2018, struck out seven out of an initial nine-count charge the EFCC preferred against Aziboala, his wife, Stella, and their firm. The court discharged and acquitted Aziboala’s wife on the premise that the prosecution failed to establish a prima facie criminal charge
against her. Ruling on a no-case submission by the defendants, Justice Dimgba had ordered Azibaola and his company, One Plus Holdings Nigeria Limited, to enter their defence in respect of two counts. The court upheld the no-case submission in relation to Counts 1, 4, 5, 6, 7, 8, and 9. In striking out the seven counts, the court ruled that there was no sufficient evidence to warrant defendants to enter their defence against the seven counts. However, the court ruled that while the EFCC had led sufficient evidence linking Azibaola and the company to counts 2 and 3, it failed to connect the wife, Stella to the two charges.
Amosun Administration Still Owes Us, Says Ogun NLC Femi Ogbonnikan in Abeokuta The Ogun State chapter of the Nigeria Labour Congress (NLC) has debunked claims that the outgoing administration of Senator Ibikunle Amosun does not owe both the civil and public servants in the state. While briefing journalists to clear the air on the true state of debts the outgoing administration owes the workers in Abeokuta yesterday, the state Chairman of NLC, Emmanuel Bankole, described such claim as false. According to Bankole, “This press conference was called to state in clear terms the magnitude
of indebtedness of outgoing administration of Amosun to the public servants in the state and “also to correct the erroneous impression and falsehood being peddled around that the outgoing government does not owe public servants in the state. “We have waited for so long hoping that the state governor will keep to his promise and settle all outstanding arrears of gratuity, pensions, salary arrears, leave bonuses, contributory pension deductions, cooperative deductions, check-off dues of unions and monthly subventions to tertiary institutions in the state, but now, it has become obvious
that those promises cannot be fulfilled. “Consequently, we are constrained at this point in time to let the whole world know the true position of things. While it is true that some payments were made to workers in the core civil service, a large number of our members in the local government and tertiary institutions were not paid a dime.” Besides, he said the “discomfort, pain and irreparable damages the outgoing administration has inflicted on the public servants and their families in the state are unbearable. “Some homes have been broken, lives have been lost to common ailments due to lack of money for
medications and treatment; wards and children admission to higher institution lost, personal project abandoned, professional training and development programme abandoned and predisposition of workers to many embarrassing situations making many chronic debtors as a result of non-payment of salaries and other entitlements due to them. “Your excellency Governor Amosun, when you came to solicit for our votes eight and also four years ago, you promised us better life and prosperity, but what we see today is opposite of all that you have promised us.
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Investigative Journalism Icon, Olorunyomi Honoured for Uncommon Courage Fayemi, Falana, others praise media for development of democracy Shola Oyeyipo in Abuja One of the country’s finest investigative journalist, Mr. Dapo Olorunyomi, was yesterday honoured by prominent Nigerians at the Shehu Yar’ Adua Centre, Abuja, during the unveiling of a book, ‘Testimony to Courage,’ written in his honour. Some eminent Nigerians who spoke at the event included the newly elected chairman, Nigerian Governors’ Forum (NGF) and Ekiti State Governor, Dr. Kayode Fayemi; renowned journalistturned politician, Senator Chris Anyanwu; Publisher, Daily Trust Newspapers, Mr. Kabiru Abdulahi Yusuf; human rights activist, Prof. Chidi Odinkalu; former chairman, Onigbongbo Local Government Area, Lagos, Mr. Idowu Obasa and other commentators, all spoke highly of Olorunyomi, particularly regarding his radical investigative journalism and his contributions to national development. In a keynote lecture presented at the launch of the 404-page collection of essays written by 95 authors in honour of Olorunyomi titled: ‘The Media, Elections and Democracy in Nigeria: The Role of Media Intellectuals,’ Fayemi underscored the fact that Olorunyomi risked
not only his freedom, but also his life to ensure that Nigeria became a democratic state in which every citizen will enjoy their natural and constitutional liberties, including the fundamental freedom to choose their leaders. Highlighting media’s influence in a democracy and on elections, Fayemi who noted that the media is the principal means through which citizens and their elected representatives communicate in their reciprocal efforts to inform and influence, said during military dictatorship in Nigeria, “Olorunyomi and others recognised that the brand of military adventurism that Nigerian confronted from the late 1980s to the early 1990s was one that could turn Nigeria into a Banana Republic. “The end of Nigeria’s history was in sight, unless something urgent and desperate was done. They recognised that we were moving towards the endless dictatorship or the imperial autocracy of Mobutu’s Zaire, Eyadema’s Togo or Ghadaffi’s Libya. “Thus, while the intellectual tools of the earlier eras of the Johnsons, the Azikiwes, the Macebuhs and Giwas were critical, the Olorunyomi
FG Targets 20m Jobs in Buhari’s ‘Next Level’ Administration James Emejo in Abuja The Minister of Industry, Trade and Investment, Dr. Okechukwu Enelamah yesterday said the federal government has evolved pragmatic strategies that will generate about 20 million jobs from four key sectors of the Nigerian economy “within the tenure of the next level”. He said President Buhari has further strengthened the drive to curtail the country’s rising unemployment by creating jobs and by providing employable skills for the teeming youths, through the Industrial Training Fund (ITF). Speaking at a stakeholders’ meeting on strategies for job creation by the federal government, the minister said: “In order to sustain and build on the successes recorded in this regard in the first tenure of Mr. President, we are articulating and strategising with a renewed impetus towards combating the twin evils of unemployment and insecurity.” Enelamah added that his ministry had already charged the fund to come up with revolutionary multi-faceted job wealth creation strategies that would lead to a lasting solution to hydra-headed problem of unemployment in the country. He was represented at the occasion by the Permanent Secretary, Federal Ministry of Industry, Trade and Investment, Mr. Edet Sunday. He said: “I am glad to inform this distinguished audience that
the ITF has done justice to the task assigned to them. “From the report I have received, the ITF has been able to propose pragmatic strategies that within tenure of the next level, will generate about 20 million jobs from four key sectors of the Nigerian economy. “These key sectors are the agriculture, construction, transport and the services sectors. The report, which is to be presented to us shortly by the ITF DirectorGeneral, forms the crux of this meeting. “The meeting will be expected to examine all the aspects of the report with a view to dissecting all the recommendations therein and proffering additional strategies and action plan that will lead to jobs for all Nigerians.” Meanwhile, Director General/ Chief Executive, ITF, Mr. Joseph Ari, has lamented that unemployment had resulted in “needless incidences of violence, criminality and social vices perpetrated by persons that ordinarily should be contributing significantly to the development of our dear nation.” He said those who should be earning sustainable livelihoods are barely able to eke out a living, stressing that the number of people who are without jobs in the country remained scary and staggering “and should be a source of worry to any administration that is as committed to the welfare of Nigerians as the administration of President Muhammadu Buhari.”
generation realised that those tools needed to be augmented by a certain intellectual audacity and ideological daring that were critical for confronting murderous regimes. “Therefore, in throwing caution to the wind, the radical and progressive media intellectuals of the 1990s recognised that in the absence of democratic rule they were not only the surviving ‘People’s Parliament’ as TELL described itself, they were also the most organised and the loudest voices of the people. “Starting from the cover story
in the African Concord magazine anchored by Olorunyomi, entitled ‘Has Babangida Given Up?’, radical journalism in Nigeria entered a new stage of direct confrontation with military autocracy that could only have ended in defeat for one side. “Armed with the pen, and I must add, aided by the restructuring of the associational connections, commitments, and loyalties within and across social and cultural divides which included labour, local and international civil society organisations, and even subversive state agents – the media intellectuals of the 1990s
became also democratic activists using the press to end military rule in order to push Nigeria into democratic rule.” Fayemi added that those who thought the popular maxim that ‘the pen is mightier than the sword’ was a mere metaphor knew better when Abacha’s autocracy collapsed in 1998 and the succeeding military regime hurriedly handed over power to a democratically elected government. On his part, the Special Adviser to President Muhammadu Buhari on Political Matters, Senator Babafemi Ojudu, who represented Vice
President Yemi Osinbajo (SAN) at the event, told the gathering that during the days of TheNews/ Tempo newspapers published by Olorunyomi and others, the Vice President and another notable human rights lawyer, Mr. Femi Falana (SAN) were lawyers to the newspaper organisation. According to him, “The Vice President commends Dapo’s commitment to journalism, hard work and to the ethics of journalism,” adding that “We thank you for what you have done for Nigerian journalism.”
MANAGERIAL RECOGNITION…
L-R: Vice Chancellor, Bells University of Technology, Ota, Professor Jeremiah Ojediran; MD/CEO, Brandzone Consulting LLC and 10th Annual Lecture Guest Lecturer, Chizor Malize; Dean, College of Management Sciences, Bells University of Technology, Dr. Oluwafemi Enilolobo recently at the Bell’s University of Technology 10th Annual Lecture where Malize received an award as a Fellow of the College of Management Sciences in Oya, Ogun State…recently
Igbo Group Endorses Gbajabiamila for Position of Speaker Sunday Okobi and Hamid Ayodeji The Ndigbo in Lagos State on the platform of the All Progressives Congress (APC) under the umbrella of South-east Heritage Foundation has declared support as well as mobilising all Igbo people in the state to support the House of Representatives Speakership ambition of Hon. Femi Gbajabiamila. The Co-founder and convener of the group, Chris Ejima Johnson, who disclosed this to journalists yesterday at a press conference in Lagos, stated that the Ndigbo organisation has studied the lawmaker closely by monitoring his progression and
development in the House for more than a decade, “and now we are convinced that over the years he has proven himself in the business and art of law making.” According to Johnson, a Lagos-based lawyer, considering Gbajabiamila’s track record of robust debates, insightful and constructive arguments on the floor of the House, “he deserves the position as Speaker of the Federal House of Representatives which is why Southeast Heritage Foundation as a well-organised group representing Igbo people in APC in Lagos is doing everything its power to see the actualisation of this mandate. “We have also extended a hand of fellowship to our fellow
Igbo brothers worldwide and all the good citizens of this great country, including our Yoruba and Hausa brothers, to also join us in this noble cause in moving our beloved country to an enviable height and that can only be made possible by choosing and electing the right people to the right position they deserve. “Gbajabiamila has proven himself as a leader and a legislator par excellence, and of great repute and stature, going by the numerous and people-oriented bills he has single-handedly sponsored and pushed forward in the House. The convener of the foundation further explained that “we are aware of one of such bills to
criminalise estimated billing system of electricity initiated by him. It has however come to our notice that some nefarious, distinguished and egocentric politicians are working tirelessly to sabotage this aspiration. We are therefore using this medium to call on all of these enemies of democracy to henceforth desist from that act of peddling lies and falsehood against the person of Hon. Gbajamila or else sooner or later they shall meet their waterloo.” In his remark, prominent Igbo Leader in Lagos and co-convener of the group, Chief Chris Ekwilo JP, noted that their support for the lawmaker is devoid of ethnicity.
Ikeja Electric Reiterates Commitment to Staff Safety Esther Oluku A leading Nigerian Electricity Distribution Company, Ikeja Electric Plc (IE), has reiterated its commitment to ensure the safety of its staff across the company’s network areas. In a statement made available to THISDAY yesterday, the Head of Corporate Communications, IE, Mr. Felix Ofulue, said that the company was aware of the wave of malicious attacks on its staff by some customers and
cautioned that the management will not allow unwarranted attack on its staff. “In line with the company’s obligation to provide service under a conducive atmosphere to our customers, we will continue to escalate such matters to law enforcement agencies”, he said Ofulue disclosed that some past attackers had been sentenced to prison by the court, while urging aggrieved customers to remain mindful of these matters and adopt a more civil approach
to engagement with staff. According to him, Section 173 of the Criminal Law of Lagos State states that any person who unlawfully assaults another and thereby does him harm commits felony and is liable on conviction to three years imprisonment. “It is wrong for persons to attack our technical staff who are on the ladder. it is also an offence to throw them off the ladder. Please note that IE has zero tolerance on assault on staff and remains committed to protecting the lives of its staff. We
will not hesitate to seek redress through any means within the limits of law,” he said. He also commented on the videos of assault on IE staff currently being recycled on social media, stating that the incidents in the videos were old and that most of the culprits have been punished appropriately Ofulue added that the company will promptly withdraw its services from customers and communities that prove too hostile to operate in.
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AfCTA: Nigeria Should Not Bring Its Domestic Problems to AU, Says Obasanjo Esther Oluku Former President Olusegun Obasanjo has said the African Free Continental Trade Area (AfCTA) agreement will not be hindered by Nigeria’s reluctance to sign up to the process. Obasanjo spoke in Addis Ababa, Ethiopia, during the opening session of the stakeholders’ dialogue on continental trade and strengthening the implementation of the AfCTA. The dialogue, according to TheCable, was organised by the African Union Commission (AUC) and the Coalition for Dialogue on Africa (CoDA). The former president was
reacting to concerns raised by one of the discussants, on the need for stakeholders to look into the implications of AfCTA without Nigeria, the continent’s biggest economy. He said Nigeria should resolve its “domestic problems” and not bring such to the AU. Nigeria, Benin and Eritrea are the only countries on the continent yet to sign the AfCTA agreement. The agreement has, however, achieved the minimum number of ratification, 22 countries, needed for its implementation. Obasanjo, who recalled that Nigeria took over the processes leading to the AfCTA agreement
from Egypt, wondered why it suddenly halted signing the agreement. “It is nobody’s fault if your country cannot resolve its domestic problem,” Obasanjo said. “If you (Nigeria) is not signing the agreement, it is unfortunate. AfCTA will go on without Nigeria. You will recall that this is the first time since 1976 that Nigeria is not at the table of a major continental process. Nigeria should settle its problem at home and not bring it to the AU.”
Obasanjo also said feelers from the AfCTA remain positive, adding that meetings would be extended to other stakeholders, including Africa’s central banks, customs and security agencies. He said the removal of trade barriers does not mean the removal of other statutory agencies at various national border posts. He, however, commended the issuance of visas at the point of entry by some African countries, saying the gesture was a positive step in the direction towards
the movement of people across the continent. AfCFTA is a trade agreement between 49 AU member states, with the goal of creating a single market followed by free movement and a single-currency union. The AfCTA is expected to help African countries eliminate high tariffs and enhance intra-African trade. The Gambia was the 22nd country to ratify the agreement, a year after it was first introduced
while Nigeria, Africa’s largest economy, has not reached a decision on its participation in the agreement. President Muhammadu Buhari had backed out saying the country he could not sign agreements without understanding the terms. “Already, some of the treaties we are party to have been significantly abused, resulting in massive smuggling which has crippled many of our local industries and destroyed millions of jobs,” Buhari had said.
SEC Warns Market Operators against Unethical Practices Ndubuisi Francis in Abuja The Securities and Exchange Commission (SEC), has warned some capital market operators to refrain from unethical conducts capable of leading to strict regulatory actions in tandem with the rules and regulations of the commission. SEC, in a statement issued yesterday, said its attention was drawn to an emerging trend of unethical conduct by brokers, issuing houses/book runners and other receiving agents in primary and secondary market transactions. The commission said the concerned operators carry out their activities by inducing investment through the sharing of brokerage fees or receiving agents commission with private banking officers, asset/fund managers, pension fund administrators (PFA’s and other institutional
investor classes who are not duly registered or recognised by it as being eligible to be paid commission. “Notice is hereby issued that only capital market operators duly registered by the commission are eligible to be paid brokerage fee/ receiving agents’ commission and such operators shall not pay or offer a percentage of the commission earned from services provided in a transaction as an incentive for investment. “Any capital market operator found to engage in this practice or similar acts shall be subject to strict regulatory actions in accordance with the rules and regulations of the Commission,” the statement said. It therefore, enjoined the public to utilise the commission’s whistle blowing mechanism to provide information on any known or suspected case for necessary action.
NDLEA Apprehends Kenyan National with 6.5kg of Cocaine Hamid Ayodeji The National Drug Law Enforcement Agency, (NDLEA) has apprehended a Kenyan national, Angela Wairimu, while trying to smuggle 6.5 kilogrammes of drugs suspected to be cocaine into Nigeria at the Nnamdi Azikiwe International Airport (NAIA) Special Area Command. According to a statement issued yesterday by the Principal Staff Officer, Public Affairs, Jonah Achema, the Kenyan was arrested on arrival from South Africa aboard Ethiopian Airline flight to Abuja with the illicit substance concealed in the false bottom of a travelling bag she carried as hand luggage which also contained two wrapped parcels of the same illicit drug. On her part, Wairimu stated that she is a modeling expert, trader in clothes and cosmetics, which made her friend in South Africa to approach her for assistance in delivering the brief case containing wares in Nigeria which was brought to her at the Airport through an errand boy which she was to deliver to the husband of the sender at the Nnamdi Azikiwe International Airport, Abuja.
She disclosed that this was her second trip to Nigeria to procure home-made body beauty products and local fabrics for her enterprise called La Model in South Africa and Kenya. While denying being under any financial inducement, she confessed that her daughter was suffering from acute leukemia which put her under financial pressure. Meanwhile, speaking on the issue, NDLEA Commander, Hamisu Lawan, said: “The seizure is the biggest cocaine shipment in recent times made by the Command. “We have had seizures of Heroin, Ephedrine and Methamphetamine going to southern part of Africa and in some cases to Asia, and even as far as the pacific region such as New Zealand. However, we are not surprised at cocaine coming from South Africa which is largely due to flight network connection, operating two flights daily from Sao Paulo.” The commander also called for the deployment of NDLEA in certain source countries as a matter of national security, urging drug traffickers to desist from testing the will of the agency.
WELL DESERVED AWARD…
L-R: Public Relations Manager, DStv, Babatunde Aribido; Executive Head; Corporate Affairs, MultiChoice Nigeria, Caroline Oghuma; Executive Vice Chairman of Troyka Holdings, Jimi Awosika; CSR Executive, MultiChoice Nigeria, Akaoma Onyeonoru; Publisher and Brand Communicator, Joshua Ajayi; and PR Specialist, Corporate Affairs, MultiChoice Nigeria, Timothy Okwu, during the Brandcomawards held in Lagos…recently
Court Summons Niger CP over Failure to Arrest Ex-Gov Aliyu Laleye Dipo in Minna A Federal High Court in Minna, Niger State, yesterday ordered the state Commissioner of Police to appear before it and offer explanation over his failure to execute the bench warrant issued for the arrest of former
Governor Babangida Aliyu and Umar Nasko. Justice Aminu Aliyu ordered the police commissioner to appear with the two defendants in June 13, the next adjourned date unfailingly. Aliyu and Nasko were due to appear in court on May 23 for
re-arraignment over alleged N1.9 billion fraud but failed to show up, prompting Justice Aliyu to issue a bench warrant against them. When the matter came up yesterday, Aliyu and Nasko were once again absent, with only counsel to the former governor, Olajide Ayodele (SAN), present
in court. Ayodele, however, said he would undertake to ensure his client is informed of the next adjourned date. On his part, prosecution counsel, Olumuyiwa Akinboro (SAN), expressed surprise at the defendants’ absence without any cogent reason.
Total Invites Bidders for Drillship Supply on OML 130 Project Peter Uzoho Total E&P Nigeria Limited has invited interested offshore drilling contractors to apply for a consideration to tender for the supply of a drillship for OML 130 project offshore Nigeria. According to a tender documentation published on the Nigerian Petroleum Exchange (NIPEX) website, the drilling
campaign is billed to commence in the third quarter of 2020. The document also stated that the initial contract duration would be for one year, with the possibility to extend by up to three periods of one year each. Total is looking for a DP3 class, minimum fifth Generation Dual Derrick Drillship, with ability to drill both derricks and efficiently perform the full dual activity.
The rig will be used to perform drilling, completion, workover and intervention operations OML130 block in water depths from 1,100 metres – 1,700metres and drilling depth up to 6,500meters. During his visit to Nigeria earlier this month, Total’s Chief Executive Officer, Mr. Patrick Pouyanne, was quoted to have emphasised the importance of the country to the company.
“Nigeria is important to the Total Group as the country now represents about 10 per cent of the group’s global production. Nigeria has a lot of prolific oil fields, and Total would gladly carry out exploration activities if the government grants the license… Total has done a lot in Nigeria and is ready to do more,” Pouyanne said.
Wives of Naval Officers Urge Personnel to Write Will Chiemelie Ezeobi The National President of the Naval Officers Wives’ Association (NOWA), Mrs. Theresa Ibas, yesterday, charged officers of the Nigerian Navy (NN) to write their will and continually check their health status for physical and mental fitness. Ibas made this known while speaking to journalists at a oneday seminar on health and the importance of making a will. At the seminar which was part of activities lined up for the
63rd anniversary of the NN, she stressed that since health is life, it was imperative personnel take care of their health. On the issue of officers writing a will, she said: “When death comes, because it is inevitable, the woman who is left behind to cater for the children finds it difficult to cope with the problems left behind. “So I will advise everybody to write a will because that will help. Nobody prays for death but it can come anytime.” Earlier in her welcome address,
she said that NOWA was committed to actively raising the quality of life of the naval family, as well as strengthening family ties. “It is in this regard that we have carefully considered the need to organise a seminar such as this to further remind us of our commitments to our own health and our families. “These seminar topics are contemporary and relevant to our society. The topic on health is therefore, aimed at encouraging us to take
personal responsibilities and be partners in our own health,” she said. The Chief of Naval Staff, Vice Admiral Ibok-Ette Ibas, also advised officers to regularly go for health -check up to be fit physically and mentally. Ibas who was represented by the Flag Officer Commanding, Western Naval Command, Rear Admiral Oladele Daji, also advised personnel to ensure they write their will on time for the sake of their families.
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T H I S D AY ˾ TUESDAY, MAY 28, 2019
TUESDAYSPORTS
Group Sports Editor: Duro Ikhazuagbe Email: duro.ikhazuagbe@thisdaylive.com 08111813083
FG Redeems 25-year Pledge of House to ClemensWesterhof Fashola asks NFF to forward names of players yet to benefit to his ministry Adedayo Akinwale in Abuja The Federal Government on Monday redeemed a 25-year pledge of a house to former Technical Adviser of the Super Eagles, Mr. Clemens Westerhof. The Dutch gaffer ended Nigeria’s frustrating and unsuccessful attempts to qualify for the World Cup by leading the Super Eagles to pick their first ever World Cup ticket to the 1994 edition in USA. At an impressive ceremony inside the conference room of the Federal Ministry of Power, Works and Housing, Abuja, the Minister, Mr. Babatunde Raji Fashola (SAN) said the occasion was a further proof that the Buhari administration was “committed to putting right the wrongs of yesterday and redressing all forms of yesterday’s injustice”. Westerhof, a Dutchman, was head coach of the Super Eagles’ Class of 1994 – appropriately – styled Golden Generation – that won Nigeria’s first-ever FIFA World Cup ticket, won Nigeria’s first Africa Cup of Nations title on away ground and reached the Round of 16 at the FIFA World Cup in USA. Fashola, himself a first-grade football enthusiast, eulogized the virtues of football as a “great unifier, which does not bow to ethnic, religious or quota system considerations,” and hailed Westerhof for serving his time
with Nigeria’s senior team with distinction, while apologizing on behalf of Nigeria that the pledge took 25 years to redeem. “Mr. Westerhof ended our long-time search for a FIFA World Cup ticket, and afterwards went on to lead the team to Africa Cup of Nations glory. As a nation, we made promises, but there was no follow-up. “I want the NFF to document those members of the squad that have not received their houses in the FCT as promised, and as soon as we receive this, we will respond positively. “I was made aware that the promises had not been fulfilled through a letter by the Assistant Coach, Mr. Johannes Bonfrere, and we arranged for him to get his own in December 2017. “Six months later, at the FIFA World Cup in Russia, a prominent journalist, Mr. Onochie Anibeze, brought it to my notice that the head coach, Mr. Westerhof was yet to receive his own house. We immediately initiated the process which has culminated in today’s event.” Earlier, the Director of Public Building and Housing Development, Dickson Onoja had narrated the exploits of the Super Eagles’ Class of 1994, and how then military Head of State, Sani Abacha, hosted the team to a reception in Abuja after the AFCON triumph in Tunisia and
promised each member of the team a house in Abuja. Youth and Sports Minister, Solomon Dalung, who was represented by the Director of Federations and Elite Athletes Department, Mrs Tayo Oreweme, applauded the Ministry of Power, Works and Housing for fulfilling the pledge and referred to President Muhammadu Buhari’s
2015 fulfillment of his pledge to the world -conquering Golden Eaglets of 1985 (when he was military Head of State). The 2nd Vice President of NFF, Mallam Shehu Dikko, who represented NFF President Amaju Pinnick at the occasion, praised the initiative of Mr. Fashola and his ministry, saying the redemption of the pledge was a positive sign
Super Soto Brace Bring Down Flying Eagles Having beaten Qatar easily, the Flying Eagles were expected to find their range against USA and get their two feet into the knockout rounds. But that looked a mountain to climb right from kick-off as the nifty Sebastian Soto, who scored both goals, combined well with Alex Mendez and Timothy Weah to rip through the Nigerian defence at will. Soto came close to getting the first goal after only nine minutes, but missed with goalkeeper Olawale Oremade beaten. In another nine minutes, he got it right, as he was strangely allowed a free header from a
corner inside a box that had about eight Nigerian players. t would have been two-nil three minutes later but Oremade charged out Weah’s close-range shot. Nine minutes later, it should have been that exact scoreline but the ever-dangerous Soto was ruled offside after rifling into the net, as four Nigerian defenders made a complete hash of clearing the ball from a corner kick. In the closing stages of the first half, Aniekeme Okon’s fierce shot was palmed away by goalkeeper Brad Scott, but right from the recess, the threatening
2-0 score on the board became a reality as Soto, again, ran cleverly behind a stiff Nigerian rearguard to snap the ball past Oremade. Even as they improved in the second period, the Flying Eagles failed to show any attacking fluency or clinical efficiency, and it was rather the Americans who put on display excellent footwork and cohesion now and again to threaten at will. Nigeria must now earn a result against group leaders Ukraine – who pipped Qatar 1-0 earlier in the day – on Thursday to advance to the Round of 16.
NPFL: Edo FA Boss Wants LMC to Probe Match-day 22 Fixtures in Garden City, Akure Chairman of Edo FA, Frank Ilaboya, has condemned the officiating in the Nigeria Professional Football League (NPFL) match between Rivers United FC and Bendel Insurance in Port Harcourt on Sunday. Insurance lost 1-0 courtesy of a late penalty, which saw them relegated to the second-tier league after just one season in the topflight. Ilaboya, who was present at the match venue, said, “It’s one of the worst officiating I’ve ever seen. It was brazen officiating from the onset and it was evident that the referee and his assistant had a mission. Insurance played against Rivers and the match officials.” The veteran sports journalist,
who also doubles as the Chairman, Owan West LGA, Edo State, also urged the League Management Company (LMC) to investigate the final day tie between Sunshine Stars and MFM in Akure. MFM saw their Super Six dream go up in smoke after losing 4-2 to Sunshine, which helped the Akure side secure their place in the NPFL. “This is a Sunshine side that could hardly score two goals in a game now scoring four against a team like MFM FC. After they played us in Benin, they boasted that they would survive relegation, so LMC should take another look at their final match,” pleaded the Edo FA boss. Ilaboya added, “We feel pain from the state govern-
list of those who have not received their houses and revert back to the Ministry.” An elated Westerhof, who flew into Nigeria from The Netherlands on Sunday night, said: “I am overjoyed. I want to thank the Nigerian Government for this, and I want to assure you that you will now see more of me in Nigeria.
Flying Eagles Wasiu Alade (left) battling a USA player for ball possession during Group D of the Under-20 World Cup second game in BielskoBialo, Poland…last night GETTY IMAGES
U-20 WORLD CUP An unimpressive Flying Eagles side was well beaten by Team USA in Bielsko-Biala last night, meaning they must earn a result against table-toppers Ukraine on Thursday to be sure of a place in the Round of 16 of the Under-20 World Cup in Poland. Looking already good for the knockout stages following a commanding 4-0 win over Qatar in Tychy on Friday, the two-time runners-up were taken to the cleaners by a smooth-playing American side that was vastly superior in pace, technical hue, all-round play, awareness, guile and marksmanship.
to footballers and other sportsmen and women that promises would always be fulfilled, no matter how long it took. “At the last NFF Football Awards in Lagos on 1st April, we honoured specially this Class of 1994 Super Eagles. Those of them that are still alive and in the country were brought to the event and celebrated. We will compile a
ment to the football-loving people of the state, about this relegation. This is one season that the club had the best motivation in terms of welfare. “The state government led by the deputy governor ensured that the club never lacked any motivation. Here is a club that goes to matches with motivational bonuses with them, aside from the regular match bonuses. That the players and the technical couldn’t leave up to expectations still beats me. “Here is a club that a sitting deputy governor, despite his busy schedule, trains and sometimes plays for the team. He did all these to spur the team to glory, but see where we found ourselves. One thing
we can be sure of is that the club will bounce back, bigger and better next season,” pledged Ilaboya.
Okpekpe Race Promoter Hails Amazing Cheprot Promoter of the IAAF silver label Okpekpe International 10km Road Race, Mike Itemuagbor, has hailed Kenyan athlete, Simon Cheprot for his heroic feat at the 7th edition of the race held last Saturday in Okpekpe, Edo State. The lanky Cheprot who won the Okpekpe race men’s title in 2016 and was first runner up last year won the hearts of fans both at the venue and those watching live on television across the African continent when he stopped to help a rival who collapsed towards the end of the race. Cheprot helped his colleague across the finish line before beckoning on the medical team at the finish for aid. The Kenyan was rewarded with $10,000 for his humanitarian effort and Itemuagbor said what Cheprot did is the true definition of sportsmanship. ‘’Simon (Cheprot) may not have fulfilled his ambition of becoming the first athlete (man or woman) to win two Okpekpe titles since
2013 when we began this race but he came to Okpekpe this year, ran and left as the hero. He did not win any medals but he won hearts. “While running, his colleague collapsed and on instinct, Simon picked him up; held tight to him and lifted him. That ended his race. But he saved a life. In 2016, Simon came first at Okpekpe; was second last year. Now, in 2019, he won hearts. One of our partners gave him $2,000,former Edo State Governor, Adams Oshiomhole added $3,000 before Edo State’s Deputy Governor, Philip Shaibu increased the reward from $5000 to $10,000 with an additional $5000. But most significantly, everybody hailed his “brother’s keeper” attitude. This is what is called sportsmanship. Simon gave proper consideration for fairness, ethics, respect, and a sense of fellowship with his competitors. He is our hero, he is the hero of the seventh edition of the race,” Itemuagbor gushed with excitement.
Amstel Malta Backs Super Falcons with ‘We’ve Got Balls’Promo The official malt drink of the Nigerian Football Federation (NFF) and supporter of the Nigerian Super Falcons, Amstel Malta, is applauding the feat of the female national team in qualifying for the 8th FIFA Women’s World Cup taking place in France from June 7 to July 7. The Super Falcons who continue to show remarkable spirit, hard work and resolve, have won nine
African championships and will be competing in the earth’s greatest sporting spectacle for women. “The Super Falcons have overtime proven the power of women and we at Amstel Malta are endearing Nigerians to join us as we cheer them on to gold at the World Cup,” Portfolio Manager, Non-Alcoholic Brands, Ngozi Nkwoji, said at the weekend.
The Super Falcons continually prove themselves to be unmistakable symbols of heroism thereby showcasing the power of women. With this knowledge, Amstel Malta has launched a daring campaign themed “We’ve Got Balls” to celebrate and highlight the strength, fortitude and bravery of the Nigerian woman who against all odds, thrives and wins.
Tuesday May 28, 2019
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MISSILE PDP to Buhari “Banditry, insurgency, marauding, bloodletting and kidnapping with unmentionable ransoms, have almost become daily occurrences. Our citizens are now battling with the worst kind of siege mentality.” – Opposition Peoples Democratic Party (PDP) blaming the president and his party, APC, for the growing despondency in the country.
TUESDAY WITH REUBENABATI abati1990@gmail.com
Aisha Buhari’s Politics and May 29 Blues
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n the lead up to the May 29, 2019 Inauguration Day, after the general elections in Nigeria – the end of a four-year term (2015 – 2019) and the beginning of another cycle of four years - as constitutionally prescribed -certain notable developments have occurred in the last few days, involving places, events and personalities which require a quick review, lest they are overtaken by time or sheer serendipity. I begin with the report that Aisha Buhari, the First Lady of Nigeria, the wife of President Muhammadu Buhari has come out openly to tell Nigerians that the Social Investment Programme (SIP) initiated by her husband’s administration is nothing but a scam. I have watched the video that is available online, and I am not aware that the First Lady of Nigeria has denied making the statements attributed to her. In summary, she raised questions about the management of the N500 billion set aside for the administration’s much-touted Social Investment Programme (SIP), which indeed the Buhari administration promoted as one of the flagship initiatives under the Economic Recovery and Growth Plan (ERGP) designed to bring government closer to the people, and to alleviate poverty. Anchored majorly by the Office of the Vice President, the Buhari administration made a song and dance out of what is called TraderMoni and School Feeding Programme. We have seen Vice President Yemi Osinbajo talking about loans and grants of N10, 000 for owners of Small and Medium Scale Enterprises. We have also seen him in photos and videos, from one school to the other, eating from plates with young Nigerian students. The optics is good, the messaging strategy is smart: a humble Vice President, a government that cares and a government that helps the poor. Nigeria’s largest opposition party, the Peoples Democratic Party (PDP) of course cried foul, alleging that the entire SIP package was a vote-buying scheme and that TraderMoni in particular amounted to illegal, extra-budgetary spending. The PDP was asked to shut up by the Buhari propaganda machinery. However, if the PDP’s catcalls about the Social Investment Programme could be dismissed as partisan, Mrs. Aisha Buhari’s latest outburst cannot be so dismissed. At an interactive session with Nigerian women ahead of May 29, Mrs Buhari pointed out that she has never asked how the money is being used (Madam, that is not your call!). She then added: “I do not want to raise the alarm that my state does not benefit from it …” - (and that is Adamawa State), the state of the SGF and the wife of the President. We may well say that the First lady should not worry so much about her personal interest. But she is a Nigerian isn’t she? We all know the sentiments: “My husband will approve N500 billion for a project and my state, Adamawa will not benefit from it?” She then quickly corrected herself: “Maybe it worked in some states…In my own state, only a local government benefitted out of the 22. I didn’t ask what happened and I don’t want to know but it failed woefully in Kano, it’s not a good sign and it’s not a good thing…Most Northern women are not benefitting from it.” At this point in the video posted on YouTube by Channels TV, the narrative gets even more interesting. Mrs Buhari says the method adopted in the South may not be the best suitable method for the North “because most Northern women do not belong to market associations”. She talked about the need to use a different method in the North but apparently her advice was ignored. She said: ‘the method may differ in the North, and to use different methods…Most of the Northern states did not get the money.” The First Lady would also go on to complain
Buhari about a certain $16 million approved for the purchase of mosquito nets. She is not too sure that the money has been properly spent. “I have heard about mosquito nets. Nigeria paid its counterpart fund, $16m. I asked them to give my own share of the net to send to my village people. I didn’t get it. They have spent $16m on buying mosquito nets. I did not get it, maybe some people have gotten it…” These allegations and revelations by the wife of the President of Nigeria are serious indeed and should not be swept under the carpet. She is practically accusing the Vice President’s office of wrong-doing. Because funds are involved, the allegations are damning. She is not just defending the interest of her state and the entire North, the video even showed her calling up potential witnesses: “How many of you get it in your state? My state did not get it.?.” Coming shortly after the 2019 Presidential election, the wife of the President openly pointing accusing fingers at the Vice President’s office is an open indication that something may have gone wrong in Aso Rock. There may well be an on-going battle within the Presidency, the nature and depth of which we may not yet know. Coming to the surface, more or less on the eve of the Inauguration of President Buhari’s second term, we may be permitted to say that something is fishy. This is a perfectly reasonable deduction considering the fact that Mrs. Aisha Buhari has a reputation for speaking her mind no matter whose ox is gored. Just before she threw the bombshell about the SIP and mosquito nets, she also reportedly posted a Julius Malema (EFF leader, South Africa) video on twitter warning about the menace of “bad advisers”, which has been interpreted to mean that her husband, President Buhari should stay away from bad advisers and those who turn Presidents into “prisoners.” Before now, she had complained that her husband’s government had been hijacked by “a few persons”. She and her daughter, also once protested publicly about the mismanagement of the State House Clinic. I wrote once in the face of all that, about what I thought was an unusual development: the spectacle of a wife of the President as a whistle-blower. I suggested that Mrs Buhari was breaking every known norm and convention about the position she occupies. Before her, every Nigerian First lady either supported their husbands (Victoria Aguiyi-Ironsi, Victoria Gowon, Ajoke Muhammed, Stella Obasanjo, Maryam Babangida, Maryam Abacha, Turai Yar’Adua, Patience Jonathan), or they were unknown (Tafawa Balewa’s wife, Shagari’s wife) or they just faced their own careers (Chief Shonekan’s wife, Gen. Abdusalami
Abubakar’s wife). I argued further that the doctrine of the unity of spouse requires Mrs Buhari to support the President at all times. As I see it, today, however, Mrs. Aisha Buhari falls into the category of Presidential wives who are interested in power and are determined to get involved. She once threatened that if her husband went beyond a first term in office, she would not campaign for him. She ate her words on that score. She campaigned for him. She clearly loves power and the glamour of it, and she clearly wants more. Where is Chinweizu, please? Anatomy of female power? President Buhari once told Chancellor Angela Merkel (of Germany, not West Germany!!!), in a historic faux pas, that his wife’s place, that is Aisha Buhari’s place, is in the “sitting room, the kitchen and the other room”. Aisha Buhari is making it clear that she is nobody’s slave. She is showing a determination to assert her stake in the Nigerian power game. She is up against “bad advisers” and those who mismanage resources. Will she prepare a petition against those who have mismanaged the SIP and the mosquito nets? Or is she just sending a signal that this time around, this second term of her husband’s Presidency, she is not prepared to take nonsense from anybody, including the Vice President’s office? It will be useful to watch “the other room” politics of Aso Rock closely beginning from tomorrow. It was, partly, yes, partly, the battle of the wives and of “the other room” that catalyzed the crisis of the Western region in the 60s, but that is beyond the purview of this present commentary. What we know is that the Senior Special Assistant to the President on Social Investment, Mrs Maryam Uwais, who is directly in charge of the SIP, has replied Mrs Buhari. I was amused watching Mrs Uwais saying “…if she were to check on our data…” Imagine that tone. A Senior Special Assistant to the President working with the Vice President publicly dismissing the wife of the President as uninformed and ignorant. She then delivered the killer-punch - out of the 4.2 million Adamawa state indigenes, 290, 000 – 300, 000 beneficiaries from 12 Local Government Areas have benefitted from loans and cash transfers under the SIP. Maryam Uwais didn’t pull the punches. But what the heck? She is a successful lawyer and a well-known social activist, and the wife of a former Chief Justice of Nigeria. She sounds like: “Aisha, what the hell are you talking about? What do you know about SIP? And mosquito nets? What do you know? Because you are Buhari’s wife?” I don’t want to get into the battle of the women of Aso Rock under President Buhari, his wife who is probably for all we know reporting pillow talk, Mrs Uwais who is probably speaking as a proxy for the Osinbajos and Mrs Osinbajo who would not dare raise her voice because she doesn’t want trouble for her husband. But I am amused that a staff of the President would have the audacity to challenge the President’s wife and accuse her of ignorance. No staff, I repeat, no staff, could ever have tried that with some of Mrs Buhari’s predecessors. By now, Mrs Uwais’s Villa pass would have been withdrawn with strict instructions that she must never be seen anywhere near the perimeter fence of that seat of power. There would also have been drama “in the other room” to remind the Commander in Chief of the Armed Forces of where real and sustainable power lies in Nigeria. This columnist respects other people’s privacy, so in keeping with that principle, let me not thrust my pen into the President’s other room, but I am of the firm belief that we have not yet seen the end of Aisha Buhari’s politics.
We intend to take her seriously as she issues commands and comments. She says: “Can you please monitor the money? The Ministers are going very soon and the money is being released” (money for the anti-drug committee and treatment of trauma cases). She also wants the ruling All Progressives Congress (APC) to refund money to female aspirants who bought nomination forms for the 2019 elections. Hello oh: Aisha-Buhari-is-not-joking! As the President takes the oath of office on May 29, 2019, we can be certain to see her by his side keeping an eye on him and the future. The Nigerian Constitution does not recognize the wives of elected persons but our constitutional democracy does not consider being married a crime either. In a sense, May 29 is a special day for the families of those who will be taking the oath of office tomorrow. I was at an event on Monday where I introduced myself as a failed Deputy Governorship candidate. Every one laughed but I knew what I was saying. If our party had won, I would have been somewhere in my state double-checking clothes and attending to visitors and well-wishers, preparing to wear the best smile for D-Day. Someone suggested, in consolation, that in Nigeria, losing an election is a good item for the CV, and that a day may well come when defeated political aspirants may be given chieftaincy titles and national honours. I believe: Anything is possible in Nigeria! So whatever may be the difficult situation in which we have found ourselves, we should congratulate all the persons who will be sworn in tomorrow as Governors and Deputy Governors across the country, and that includes Zamfara State where power has descended on candidates of the Peoples Democratic Party (PDP) like manna from Heaven at the eleventh hour, courtesy of the apex court and the G8-APC. Tomorrow is a day for winners. It is also a day for losers. Many who have lost power and influence, whose parties have been asked to leave, those who have literally come to the end of the road because they lost, would be very lonely indeed. I have been through that path before. In 2015, immediately after power was won and lost, Aso Villa became ghost town. Those who used to hustle to see the President kept their distance. We watched painfully as power slipped and influence ebbed away. I ran into one of those businessmen who used to hang around the Villa and asked him if he was going to see the President. He told me he was not there to see…which President? I was terrified. “My brother, wake up”, he told me, “I am a businessman. We businessmen don’t have friends. I come here to do business. If your oga can give power away, he is on his own. We will do business with the next man.” Indeed, that was exactly what happened. Many of the people who would book private jets to Abuja tomorrow to celebrate with the Buharis will be there, not because they like President Buhari, but because they are just doing business. If Vice President Atiku Abubakar had won, the same persons will be there too, grinning for ear to ear, breaking fast, doing business. The story will be the same in the states. Everyone, doing business, with the people’s lives. Those who can tell how it is are the losers whose phones by now would have stopped ringing. Once you lose power in Nigeria, you become very lonely. The bell at your doorstep will go silent. Mrs. Aisha Buhari, complaining about the Social Investment Programme and the cost of mosquito nets is probably not as ignorant as we have been told. She probably knows that everyone around her husband just wants to do business. That is the sad part of the Nigerian story.
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