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FG Earmarks $1bn Syndicated-term Loan to Boost MSMEs James Emejo in Abuja The Minister of Industry, Trade and Investment, Mr. Niyi Adebayo, yesterday said the Bank of Industry (BoI) has finalised plans to deploy a $1billion syndicated-term loan to support the Micro Small

and Medium Scale Enterprises (MSMEs) sector. He said the move was part of the federal government's efforts towards economic recovery and sustainable growth, working with international partners to boost the sector.

Adebayo, at the Quantum Mechanics Limited MSME survival fund capacity building programme in Abuja added that the federal government is discussing with Dunn & Bradstreet to establish an SME risk rating institution - the SME Rating Agency

of Nigeria (SMERAN), to provide an empirical basis for analysing the eligibility of SMEs to access credit. He stated that the initiative will enhance the capacity of the bank to support small businesses across key sectors of the economy through the

provision of affordable loans of medium to long-term tenor with moratorium benefits. He said the survival fund could save at least 1.3 million jobs while strengthening the growth potential of beneficiary businesses. He added that the successful implementation

of the scheme has so far contributed to pulling the country out of the COVID19-induced recession. The minister said the National MSMEs Clinics had also offered support for the Continued on page 10

Former S’Court Justice Wants Burden of Proof Shifted to INEC... Page 8 Tuesday 23 March, 2021 Vol 26. No 9480. Price: N250

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CELEBRATING POETRY... L-R: Renowned poet, Mr. Odia Ofeimun; art enthusiast, Chief Kayode Aderinokun, Managing Director/CEO, Providus Bank, Mr. Walter Akpani; veteran artist, Mrs. Taiwo Ajai-Lycett; Nobel Laureate, Prof. Wole Soyinka; Mrs. Winnie Akpani, Consul General, U.S. Consulate, Ms. Claire A. Pierangelo; and Nigerian explorer, Chief Newton Jibunoh, at the Providus Bank Poetry Café event, to mark World Poetry Day in Lagos…recently

NNPC Pushes Back, Says New Refinery Will Cost FG about $12bn Kyari defends decision to rehabilitate Port Harcourt facility Emmanuel Addeh in Abuja The Nigerian National Petroleum Corporation (NNPC) yesterday vigorously defended the approval of a whopping $1.5 billion for the rehabilitation of the Port Harcourt refinery, maintaining that apart from following due process, building a new refinery in the class of the one in Rivers will cost the federal

government between $7 billion and $12 billion. Group Managing Director of the corporation, Mallam Mele Kyari, who spoke in Abuja, stated that the decision to revamp the old facility was further taken because constructing a new refinery will take a period of four years, during which Nigeria must continue to import products.

The NNPC helmsman argued that there was no basis for comparison between the Port Harcourt refinery and the one sold by Shell in America for $1.2 billion in terms of capacity, describing the public comments emanating thereof as curious. He disclosed that the actual cost of the project is about $1.34 billion, noting that the additional expenses include

taxes and other duties that could come up. “The real cost is $1.34 billion. Even then you could argue and say why you wouldn’t build a new refinery. We have also seen some curious comparisons that shell sold one of its refineries for $1.2 billion and that it’s even better than our own. “This is mundane. Even a Google search will reveal

that it was built in 1915 and it’s a 107,000 barrels per day refinery. It has been on shut down by the regulators since early last year. Not only that, when you buy a refinery you buy its assets and the liabilities,” he argued. He maintained that many people do not know the financial transactions that go into some negotiations, saying that it is needless to compare a

combined refinery of 210, 000 barrels to a much smaller and much older refinery which has many issues with regulators. “Simple due diligence was not conducted before those comments were made. They have asked why we don’t just build a new one. What does it take to build a refinery of this status today? It’s anywhere Continued on page 10

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Group News Editor Ejiofor Alike Email Ejiofor.Alike@thisdaylive.com, 08066066268

1,000 Terrorists Prosecuted, 500 Jailed, Says Military Indicates more to go on trial June

Kingsley Nwezeh in Abuja The military yesterday put the number of Boko Haram terrorists who have been prosecuted at 1,000 while 500 have been jailed. In addition, more members of the terror group are to go on trial in June. The decision to put the insurgents on trial came as the federal government affirmed its determination to secure the country against threats to its corporate existence. It also expressed the readiness of the military to execute the presidential directive to the armed forces and other security agencies to end all threats to national territorial integrity, including banditry, terrorism and kidnapping. The United Nations (UN), European Union (EU), the United Kingdom (UK) and the Centre for Humanitarian Dialogue have also met in Abuja to chart a new course to contain the humanitarian crisis in the North-east, where over eight million people have been displaced. The Chief of Defence Staff, Gen. Lucky Irabor, said at a meeting tagged: "The North-east Symposium on Reintegration, Reconciliation and Resettlement," that 1,000 insurgents had been prosecuted since the inception of Operation Safe Corridor (OPSC), saddled with the responsibility of deradicalising repentant insurgents, while 500 were jailed for five to 60 years. Irabor, who was represented by the OPSC Commander, Maj. Gen. Bamidele Ashafa, said: "The federal government of Nigeria does not condone Boko Haram. Over 1,000 Boko Haram

members have been prosecuted. I want to use this opportunity to say that over 500 have been jailed and are serving various jail terms for up to 60 years, the minimum term is five years. "Arrangements are also being concluded to begin the trial of another set of Boko Haram suspects. That will start between now and June." In her remarks, the Country Director, Centre for Humanitarian Dialogue, Ms. Millicent Ojomo, said the twoday event was a continuation of its policy dialogue to ensure that the objectives of ensuring rehabilitation, reconciliation and resettlement were realised. She called for synergy on the part of all stakeholders to make the summit a reality. In his goodwill message, Deputy Head of Mission and Team Leader, Economic Cooperation and Energy, Alexandre Borges-Gomez, harped on the need for stakeholders to go beyond humanitarian challenges and evolve an integrated approach and a sustainable strategy. The British High Commissioner to Nigeria, Catriona Wendy Laing, said the UK was worried about the Boko Haram insurgency and the concomitant humanitarian crisis that has to be confronted. She said there was the need for governors of the North-east and the heads of state of the Lake Chad Basin to work in synergy to enable communities to recover their livelihoods. Meanwhile, at a national defence and security summit in Abuja, Minister of Defence, Major General Bashir Magashi (rtd), expressed the determination

of the federal government to end security challenges in the country. "The federal government's first line charge priority of ensuring the safety of lives and property of the citizenry is sacrosanct. There is no going back on this national aspiration." He stated that the presidential directive to the armed forces and other security agencies "was clear on the need to decisively end all forces of threats to the the national territorial integrity including banditry, terrorism and kidnapping".

The minister, therefore, described the summit themed: "Kinetic Operations, a Major Plank for Counter-Terrorism and Counter-Insurgency in Nigeria: Issues, Challenges and Prospects," as timely. He called for concerted efforts to support the current efforts to promote peace and stability, while identifying various security instruments emplaced by the federal government to address internal security challenges, which include Operation Lafiya Dole, Operation Safe Haven and

strategic empowerment of the Multinational Joint Task Force (MNJTF) as well as intervention mechanism such as North-east development. Also at the event, Irabor said the military would enhance its kinetic operations in dealing with the prevailing security challenges confronting the nation. Irabor said the one-day summit would discuss the promotion of kinetic operations by leaders and eminent personalities in Nigeria. "Our strategic objectives are manifold and imbued to

neutralise non-state-actors and other agents of violence in our communities, forests and countryside to stabilise the security situation across the nation to facilitate law and order and lastly to provide the enabling environment for peace and development. “These presuppose that the military would need support from other security agencies during the operations and would be required to give support to others at different stages of the internal security effort," he added.

PARK FOR THE PRESIDENT... President Muhammadu Buhari (left) and Kano State Governor, Dr. Abdullahi Ganduje, during the governor’s visit to the president in Abuja…yesterday

39 Abducted Students’ Parents Seek Rescue within 48 Hours

John Shiklam in Kaduna

Parents of the 39 abducted students of the Federal College of Forestry Mechanisation, Afaka, Kaduna, have called on the government to hasten efforts at securing their release within 48 hours. At a news conference yesterday in Kaduna, the parents said since the abduction of their children 11 days ago, they had been going through excruciating pains and anxiety. The students were abducted by bandits who invaded the school about 11:30 pm on March 11, 2021.

Chairman of the parents, Mr. Kambai Sam, who spoke on their behalf, said the plight of the parents was further compounded by the continuous silence of the government and the management of the school on efforts being made to rescue the students. Sam said: “We have called this press conference to address the world on the excruciatingly painful development surrounding the kidnap of 39 of our sons and daughters, students of the Federal College of Forestry Mechanisation, Afaka, Igabi Local Government Area,

Kaduna, Nigeria”. He stated that gunmen on March 11 invaded the Federal College of Forestry Mechanisation and abducted 39 students at gunpoint. According to him, 23 of them are female students while 16 are male students. “Several others sustained varying degrees of injuries while running for their dear lives,” he said. According to him, the bandits had a field day on the night of capture, adding that for over an hour, they carried out their nefarious activity largely unchallenged

until the military came after three batches of students had been taken out of the college through the perimeter fence. He said the parents had thought that the government and the school authorities would take immediate steps to rescue the students, lamenting that since the incident, there has been no communication from the authorities. Sam said: “We have put our trust in the government and school authority to rescue the students in good time and safely, but that has not happened. “It is now 11 dark days

since the unfortunate incident happened and we as parents have not received any positive message from either the school management, the Minister of Environment under whose ministry the school is or the Kaduna State Government under whose territorial jurisdiction the school is located. “This silence is unacceptable as it only feeds our hopelessness with each passing day. “We have therefore called for this press conference to call the attention of governments at state and federal levels and

all stakeholders involved, and indeed the world, to act with dispatch to ensure the immediate and safe release of our children." The parents called on human rights organisations, the Nigerian Bar Association (NBA) and the United Nations, as well as well-meaning Nigerians and citizens of the world, to join them in prevailing on the authorities to ensure the speedy rescue of the students. “Unless that is done, we will continue to hold the feet of the authorities to the fire until our children return safely,” Sam added.

19 Perish in Auto Accident Along Kaduna- Abuja Highway John Shiklam in Kaduna No fewer than 19 people have died in a fatal auto accident along the Kaduna - Abuja road. The accident was said to have occurred late Sunday evening at the Kateri axis of the highway. The Kaduna State Commissioner for Internal Security and Home Affairs, Mr. Samuel Aruwan, confirmed the incident yesterday in a statement,

explaining that security agencies reported the accident to the state government. The commissioner said the security report indicated that a commercial DAF trailer, which was on high speed lost control and veered off into the bush after the tyre burst. The DAF trailer was said to be carrying 53 passengers. According to Aruwan, “A total of 53 people were involved in

the crash, 16 of these died on the spot, with three others were later confirmed dead. “Thirty four sustained injuries, which ranged from bruises and cuts to dislocations and head injuries. They were evacuated from the scene by personnel of the Federal Road Safety Corps (FRSC).” The statement said those who survived the crash are receiving treatment at the hospital.

Aruwan said further that “officials of the ministry of Internal Security and Home Affairs visited the site of the crash to ascertain the report of events and avoid misrepresentations of the incident.” Aruwan also disclosed that the driver of the truck, Mr. Auwal Idris, informed him that “most of the passengers on board the ill-fated trailer were picked at Kara, by a filling station in

Lagos. He said some of the passengers were going to Zaria, while Kano was the final destination. The commissioner said, “Governor Nasir El-Rufai expressed shock and sadness at the report, and prayed for the repose of the souls of those who perished in the crash, while sending condolences to their families.

He also wished the injured victims a speedy recovery.” He also disclosed that the governor commended the personnel of the Federal Road Safety Corps for their swift response, and prompt evacuation of the casualties from the scene. “The governor enjoined drivers on the route to exercise caution at all times and avoid potentially dangerous driving practices like speeding.”


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Former S’Court Justice Wants Burden of Proof Shifted to INEC

Alex Enumah in Abuja

Retired Justice of the Supreme Court, Justice Olabode RhodesVivour, yesterday called for an amendment to the Electoral Act to shift the burden of proof in an election petition from a petitioner to the Independent National Electoral Commission (INEC). Rhodes-Vivour, who retired from the bench yesterday, having attained the mandatory 70 years for retirement, also criticised governors for truncating local government administration in their states. Citing a judgment he delivered in an election matter, Rhodes-Vivour said: "A careful reading and understanding of decided authorities show that a petitioner has an uphill task proving his petition in accordance with the Electoral Act." The retired jurist said the Supreme Court had on some occasions held that it was bound by the doctrine of precedent or stare decisis. He added that the doctrine means “stand by your decisions and the decisions of your predecessors, however wrong they are and whatever injustices they inflict.” Justice Rhodes-Vivour stated that abiding by such a principle would ensure that the apex court continued to follow some of its previous judgments that no longer make sense.

“There are some precedents that are clearly out of date and should no longer be followed. “I am of the view that precedents that no longer make sense anymore or are outdated should be laid to rest and never followed,” he added. He stated that a petitioner is "always saddled with difficult requirements and procedures" to prove electoral malpractices in an election, adding that the "Electoral Act should be amended to shift the burden of proof to INEC to prove that it conducted a fair and reasonable election." On the issue of local government autonomy, Rhodes-Vivour noted that governors acted on their "whims and fancies unknown to our laws, clearly illegal" when they dissolved elected local government councils and replaced them with caretaker committees. According to him, it is the duty of governors to ensure that the system of local government continues unhindered. "It amounts to executive recklessness for the governor to remove from office democratically elected chairmen and councillors under whatever guise. It is illegal and wrong", he said. He decried the high level of corruption in the country and called for concerted efforts in tackling it. "Corruption exists in all

the countries of the world. Nigeria is no exception. What should be done is to reduce it drastically thereby making our dear country an exception by building credible and transparent systems," Rhodes-Vivour stated. In his remarks, Chief

Justice of Nigeria (CJN), Justice Ibrahim Muhammad, described Rhodes-Vivour as "affable brother justice," who diligently and meticulously offered unquantifiable services to Nigeria and humanity. "We are all here today to felicitate with an accomplished

jurisprudential iconoclast that has offered the best of his intellect to the advancement of the legal profession through his several years of inimitable adjudications. "His Lordship is a rare gem and unblemished symbol of humility and piety.

"His proficiency in the dispensation of justice, which is anchored on his mastery of the law, presents him as a man of honour and scholarship. "His judgments are not only incisive but also analytical and opulent by all standards," the CJN stated.

ENHANCING SECURITY STUDIES... L-R: Gombe State Governor, Alhaji Muhammadu Inuwa; Commandant, National Institute for Security Studies, Mr. A.S. Adeleke; and Egyptian Ambassador to Nigeria, Ambassador Ihab Awad, during the closing ceremony of the Special Intervention Squad Course 6 of the NISS in Abuja…weekend

FG Highlights Opportunities for Nigeria in AfCFTA Obinna Chima The federal government has said it is working to ensure that businesses in the country maximise opportunities in the African Continental Free Trade Agreement (AfCFTA). The Senior Special Assistant to the President on Public Sector Matters and Secretary, National Action Committee on AfCFTA, Mr. Francis Anatogu, told reporters in Lagos yesterday that the federal government is presently moving from state to state to sensitise stakeholders on the benefits of the continental trade pact. He said success with AfCFTA would be a diversified and

sustainable Nigerian economy with strong linkages with neighbours and the top economies in Africa as well as a globally accepted country brand. According to him, concerns of rules of origin is being addressed by stakeholders on the continent, stressing that only goods produced in the continent will benefit from the AfCFTA. He stated that authorities to administer the rules of origin rules are being established and the concept has been agreed upon. “Rules of origin means that for the products, if they are not made 100 per cent in Africa, they do not qualify and in others if they do not meet the rules of

substantial transformation, they also do not qualify. And this will guide the AfCFTA agreement. It does not mean that those products cannot come in, but they cannot benefit from the packages in the agreement,” he added. Anatogu said concerns about competitiveness were being addressed by the federal government. Highlighting opportunities in the AfCFTA, he said: “Africa imports over 80 per cent of its products from the rest of the world. Our export of crude oil per annum is in the range of $50 billion and $60 billion. However, Africa exports $504 billion per annum.

“That is about 10 times what Nigeria does. That tells you the size of the market. The other thing to note is that Africa imports mostly manufactured products. So, that tells you the size of the market. So, if Nigeria is able to displace one African trade partner and sell Nigerian products to Africans because tariffs have reduced, the standards and qualities have been harmonised and because we have agreed to trade together. “Then, we would ultimately be growing our production capacity, we would be industrialising; be creating jobs and be moving away from the perennial problems of devaluation which affects

individuals and companies. “To put it in perspective, in terms of services, transportation alone, Africa imports about $16 billion. So, the opportunities are there, we just need to take advantage of it; especially because we have come together as African countries to do this.” He, however, identified challenges that could constrain the country from reaping the benefits of the continental deal. “We need to produce what to sell. So, there have to be investments in production capacity, investment in people. We need to overcome infrastructure and regulatory constraints. We need to have access to funding.

“But the important thing to note is that these problems must be addressed to create jobs and grow our economy. So, AfCFTA is providing a much bigger market to sell our goods. There are areas where we have a comparative advantage. “Today our banks are all over Africa, our fintech companies are doing very well and the AfCFTA provides an opportunity for our people. The rail lines that we need for the AfCFTA are already being built. The five international airports that have been renovated and so many other projects are geared towards improving Nigeria’s competitiveness,” he added.

NEF: Weak, Ineffective Governance, Threat to Nigeria’s Existence John Shiklam in Kaduna The Northern Elders Forum (NEF), has said that Nigeria’s existence is being threatened by a combination of weak and ineffective governance and a determined effort in some quarters to capitalize on the weakness. In a statement on Monday in Kaduna, the Director, Publicity and Advocacy, Dr. Hakeem Baba-Ahmed, also warned that those who believe they can intimidate or threaten the North into submitting to their demands are grossly mistaken. The statement said: "NEF has been following recent developments, events and utterances from many quarters, suggesting that our country is at a defining moment that will determine its fate and the

security of all Nigerians for a long time to come.” Baba-Ahmed, said: “It is no exaggeration to say that our country has never been so threatened by a combination of weak and ineffective governance and a determined effort from many quarters to capitalize on this weakness to attack the foundations which give all citizens and communities some comfort that we are not headed for almost certain, irretrievable disaster. “It appears that many groups and persons who have public standing, political adventurers and upstarts believe that it is open season to intensify attacks on the foundations of our co-existence through acts that provoke, frighten or otherwise cast doubts over the capacities of those who have sworn to

protect the nation and citizens.” The statement maintained that the activities of these groups suggest that they perceive a vacuum which provides a perfect setting for questioning the legitimacy of the Nigerian state and its ability to fight against subversion and other acts of hostility as well as its commitment to uphold the rule of law. According to Baba-Ahmed, “the only voices being heard, are those which demand the balkanization of the country, or encourage dangerous politics and other acts that pitch some communities against others”. The statement regretted that the continuous silence from responsible Nigerians and “the capitulation of hitherto influential groups to politics of the gutter is creating a

dangerous space which further erodes the chances that a rational approach to the triggers to these provocations can be found.” The forum called on leaders, elders and other patriotic Nigerians to rise to the occasion and “save the country from imminent disaster”. The forum restates its commitment to dialogue on the challenges facing the country with responsible groups and leaders. According to the group, “many of the provocations and threats are directly related to manoeuvres for 2023, as well as attempts to hurt and weaken the North by making it the culprit behind all manner of grievances, real or contrived.” Baba-Ahmed warned that: “People who believe they

can intimidate or threaten the North into submitting to their demands are grossly mistaken”. He said, “The North also wants a Nigeria which addresses at least a minimum of its requirements, and these are many. “Like all other Nigerians, it believes this country must meet particular and general interests, and no group’s interest is superior to the other’s. “There is a long way to go before 2023. Our democratic process must not be made the hostage to dangerous and shortsighted politics. “There are politicians who think weakening the country is their best guarantee for achieving their goals. “Groups which are floating irredentist agendas to blackmail others do not impress the North.

“It is vital that elected leaders find the will to reduce the damage of opportunistic politicians.” He said further that, “If, as it clearly appears to be the case, they cannot do this, citizens with the capacity to influence opinion and chart a course towards a safer country for all citizens should get involved. “At the most minimal level, attacks on Fulani communities who live peacefully with communities in the South must stop.” He maintained that no Nigerian should be threatened or ordered to leave any part of the country because it pleases other Nigerians that he does so. The statement called on elected leaders to rise to their responsibilities of protecting citizens and their properties.


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BOOK EXCERPT

How We Acquired Access Bank In the second excerpts from his memoir, LEAVING THE TARMAC: Buying ABank in Africa, Aigboje AigImoukhuede details how he and his friend Herbert Wigwe walked the delicate path of buyingAccess Bank: their manouvres, struggles, despair and determination. THISDAY exclusively continues the publication of excerpts from the memoir scheduled for presentation on 29th March 2021

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o, once the decision to buy a bank was made, the next question was which one should we buy? I sat down with Herbert in my rented house at 10A Festival Road, on Victoria Island, Lagos, and launched our venture by compiling a list of all the banks that were potentially available. Our bank acquisition venture was tagged ‘Project Festival,’ by our team of advisers, coordinated by Albert Okumagba of BGL Securities. We spoke to different people within the industry and then we began to interact with key stakeholders and shareholders of our target list of institutions; we put together a team of advisers consisting of lawyers and investment bankers who were to support us in the process. We were fortunate to have strong relationships with committed advisers who were prepared to take on our mandate on the basis of a success fee. As we engaged the key stakeholders of our target institutions, we quickly found out that our preferred candidates, which were banks that were doing fairly well by industry standards, were too expensive for us to be able to afford. Used to working, as we were, for one of the country’s most successful banks, we wanted our own bank to be of the same quality as GTB in as many ways as possible, particularly when it came to brand, culture and values. To assume that this would come ‘ready-made’ was obviously naive of us and we soon realised that we would never find a candidate who already measured up to our expectations. One thing we were not prepared to compromise, however, was our desire to build an institution that was founded on ethical values and professionalism. Whatever deal was entered into had to be structured to ensure this was not compromised. There were periods when Herbert and I despaired of ever finding a deal that would match all our criteria, but we kept on going, refusing to give up, which is quite possibly the most fundamental rule of true entrepreneurship. Our faith in our abilities to succeed was sorely tested. The idea that was first germinated in 2000 finally came to fruition late in 2001, when we set our sights on Access Bank. Access Bank had been enmeshed in on-going Central Bank investigations regarding widespread malpractices in foreign exchange, which involved a number of Nigerian banks. In an attempt to turn its fortunes around, Access had in 1999 recruited executives from GTB, engaged management consultants and taken all the typical steps of a company seeking to transform itself. Access was not the only bank to embark on this course of action. Many other industry laggards that escaped being liquidated in the mid-90s by the CBN and NDIC had embarked on corporate transformation programmes. Many of these programmes proved short-lived. The ability to sustain the change required to turn around a distressed bank depends more on the quality of its leadership and the strength of its values than the expertise of the management consultants who are engaged to try and put things right. Successive management teams at Access were unable to marshal the necessary ingredients to put the bank on a sure footing and it continued to lurch from crisis to crisis. Somewhat ill-timed in 2001, the bank attempted to raise over N1 billion through a public offer for subscription. Although the offer was underwritten by their issuing houses the public failed to respond positively to the offer and, as the closure date came closer and closer, the advisers became increasingly worried about finding a buyer. Despite the fact that we conducted no due diligence, doing little more than a ‘back of the envelope’ analysis, we found Access attractive for a number of reasons. Firstly, its board of directors included men of integrity who were well-respected in business circles. Secondly, the bank was quoted on the Nigerian Stock Exchange, which implied some minimum standards of governance, and thirdly, its financial

safety indicators did not point to an institution that was on the verge of failure. While our decision to take up the unsubscribed shares was in effect a leap of faith (endorsed, I would like to point out, by the pastor of my church), it was our belief that since we would be controlling the management of the Bank we were recapitalising, the risk of losing our investment was almost entirely in our own hands. The first challenge which we needed to overcome was raising the necessary capital to purchase the shares. We needed a billion naira, (US$9-million), and Herbert and I had just two hundred million between us, comprising our shares in Guaranty Trust and the sum total of our savings. Therefore we needed to raise the balance of eight hundred million. We put together a list of investors comprising of friends and family who we believed would be willing to support us. We convinced them to place at our disposal landed properties and bank deposits on the strength of which we would be able to finance the acquisition. Once we had raised the money we then had to make sure that the recapitalisation complied with all relevant laws of the country. We ensured that every step we took in consummating the acquisition was consistent with legal requirements and would meet the expectations of the SEC, the CBN and the Nigerian Stock Exchange. Once the public offer was approved by the Securities and Exchange Commission rumours inevitably started to circulate in financial circles that Access Bank had been bought by two young guys from GTB. Eventually our bosses at GTB, namely Fola and Tayo, learned of the rumours as well. They demanded a face-to-face meeting at which they asked to know the truth. Without disclosing any details we let them know that indeed we were involved in a transaction whose aim was the acquisition of Access Bank. It was impossible for us to divulge details at that time because such information could and probably would be used to frustrate our plans. It was an emotional meeting for all concerned. They were mentors and friends and obviously felt betrayed that we would embark on a course of action which would see us depart from GTB without informing them. Realising that there was nothing they could do to get us to change our minds, an agreement was reached that we should resign our positions with immediate effect. We completely understood that they needed to clear the air with GTB’s community of stakeholders and address issues of succession and business continuity. Soon after that Fola Adeola, the founding chief executive officer/CEO, announced his own retirement, paving the way for Tayo Aderinokun, and a new executive management team to emerge at GTB. Without a doubt, Herbert and I and all the other people who we subsequently recruited from GTB owe an enormous amount to that institution and to its founders for the investments that they made in us and the guidance they gave us along the way. To this day, there are obvious similarities between the cultures

of GTB and Access and we recognise GTB’s contribution to Access Bank’s success. If we had hoped to be welcomed with open arms as Access Bank’s potential saviours, we were soon to be brought back down to earth. The board and management, though having realised what was happening, adopted a defensive posture. They did not buy into the idea of our approach at all, labelling our actions a hostile takeover. Buy-outs, takeovers and acquisitions had certainly happened in banks before we arrived on the scene, but these were of failing, near comatose banks. Unsolicited acquisitions were not understood and were viewed with great suspicion and apprehension. In the past most banks had only been acquired when they needed to be rescued from collapse due to mismanagement by their godfathers. In many cases they were already in the hands of the regulators, or were about to become so. In those situations the owners were so relieved to be offered any lifeline that they were not too concerned about who might be offering it or on what terms. There had also been occasions when two godfathers might come together and agree that a merger would be good for both of them, but never before had there been a case where ‘mere banking professionals’ could have the temerity to take on established captains of industry and buy their bank. It was unheard of. The successful takeover of United Bank of Africa by Hakeem Belo-Osagie was done through a privatisation process. This acquisition attached immense public interest but given the very fact that privatisations implied a handover of ownership, the UBA acquisition was a bit easier for the public to understand and come to terms with. Subsequently, Standard Trust Bank, led by Tony Elumelu, bought over Hakeem’s holdings in UBA, paving the way for STB to merge with UBA. We did face one regulatory challenge in our move to acquire Access Bank and this was the issue of control and management. This was an issue for the Central Bank of Nigeria to determine. The Central Bank (CBN) was going through its own internal transformation process at that time, led by Dr. Joseph Sanusi, who before becoming governor of the CBN in 1999 had been managing director of First Bank. ‘His tenure at some of the “Big Four” banks,’ Seth Apati wrote correctly in his book, The Nigerian Banking Sector Reforms, ‘was instrumental to his understanding of the banking system and the inner workings of banks in Nigeria.’ Sanusi had brought in outsiders, highly respected former CEOs namely Ernest Ebi, Shamshudeen Usnan and Tunde Lemo to join his board of Governors at the CBN. This was very helpful to our cause since they knew Herbert and I well, but at the same time we still had to convince those below them that we were qualified to run a bank, including the Director of Banking Supervision, Ignatius Imala, who was known for his conservative thinking and a tendency to be very suspicious of young bankers.

Members of the board of Governors at the CBN knew us personally and I believe they were all confident of our ability to run Access Bank. One of them had tried to hire me over the years, as his number two man. Banking is a fairly small world and so anyone with a good professional track record is soon known – as are those who do not have such good track records. They knew our family backgrounds, which suggested that we would be hard-working and honest. Nonetheless, though I had acted as CEO of GTB in the absence of the MD and the DMD, even though both Herbert and I possessed strong professional track records, Mr. Imala still had his doubts and refused to approve our appointment as MD and DMD. He stood alone against everyone else around him resolutely refusing to give an explanation for his decision and without his approval we would remain in limbo. Luckily for us he didn’t ask us not to run the bank, he simply said he would not ‘approve it’. Eventually, on 17th April 2003, over a year after we assumed control of the bank, he approved our appointments on an acting basis for two years. We were two young men with no godfather behind us and I think Imala found it hard to believe that we had managed to pull off the acquisition of Access Bank without some hidden power pulling the strings behind the scene on our behalf. He suspected there was a catch to this seemingly audacious acquisition and chose to take his time approving our appointments, assuming if there was a catch it would soon reveal itself. How wrong did we prove Imala to be. Despite this hitch we had become the owners of the bank in March 2002. At that time I was still only thirty six years old, but I already had had ten years of senior management banking experience at GTB, where I had risen from being middle manager to working next to the managing director at the top of one of the best-run banks in the country and had been privileged to learn the secrets of building a highly successful business. My responsibilities had covered almost all the key functions in both profit and cost centres. I knew that I was ready to run my own bank, but the policies regarding regulatory approval for me to become chief executive were then rather obtuse and for over a year I ran Access without the stamp of the Central Bank’s formal blessing. After the approval on an acting basis of April 2003, I was not confirmed in the post until 2005, at the end of the two-year period. Although this delay was enormously frustrating at the time, it would eventually work to my advantage when the CBN changed the rules and announced that no one could run a bank as CEO for more than ten years. Had I been approved and confirmed from the start in 2002 I would have moved aside in 2012, before seeing my plans come to full fruition. As it was, I had until 2015 to continue growing the bank and prepare for a smooth succession to Herbert. t 4FF EFUBJMT PG UIF CPPL QSFTFOUBUJPO BU IUUQ XXX MFBWJOHUIFUBSNBD DPN


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Ortom’s Aide Wants Fulani Group Prosecuted over Attack South-west govs, CAN condemn assassination bid Onyebuchi Ezigbo in Abuja and Funmi Ogundare in Lagos The Chief Press Secretary to the Governor of Benue State, Mr. Terver Akase, has called on security agencies to prosecute leaders of the Fulani Nationality Movement (FUNAM), which claimed responsibility for Saturday's attempt to kill his principal, Dr. Samuel Ortom. The attack on Ortom, during a visit to his farm, also attracted more condemnations yesterday as the South-West Governors Forum and the Christian Association of Nigeria (CAN) flayed the incident and urged security agencies to arrest the attackers. FUNAM, in a statement signed by one Mr. Umar Shehu, had claimed responsibility for the attack. “Yes; yes, we did. The Fulani Nationality Movement (FUNAM) carried out the attack. We have genuine reasons. We acted on behalf of millions of Fulani people in 15 countries. “Our courageous fighters carried out this historic attack to send a great message to Ortom and his collaborators: Where ever you are, once you are against Fulani long term interest, we shall get you down. This is a clear warning. We hope those who take us for granted will get the indisputable message," the shadowy group had said. But Akase, who was a guest on ‘The Morning Show,’ a programme on ARISE NEWS Channel, THISDAY Newspapers’ broadcast arm, stated that Shehu who signed the FUNAM statement exists.

He, however, dismissed allegations that the Benue State Government was profiling the Fulani ethnic group, saying that it is only concerned about some of the armed ones, who live in the forests with AK-47 rifles. The CPS wondered why security agents have not combed the forests to arrest the killers. He expressed concern that more than 24 hours after the attack, nobody is asking questions about the security situation in the state. He said: "It is unfortunate that a man who is the chief security officer of the state will be attacked in this manner. So, what happens to the rest of the citizens and Nigerians in Benue State who do not have security around them? This is a question going on. What has happened to the security of this country? “Why are the forests not being combed by our security agencies? When we say this, we are not profiling Fulani as a race, but we are concerned about the armed ones who live in the forest with AK -47. Why is no one asking questions?” Akase accused the group of repeatedly saying the forests belong to it. He added that the Fulani group lives in a forest around the area where Ortom was attacked. “Thank God, the Inspector General (IG) of Police has asked the Commissioner of Police in Benue State to investigate the matter. We are hoping that the police will not just stop at that, but go beyond. These people are around the border communities. The security agents should move

in and get them," he said. Asked why the governor was being targeted by the group and the possible way forward, Akase said the group had given reasons, labelling the governor as its problem. According to the CPS, the group also accused Ortom of initiating the anti-grazing law that purportedly put the Fulani in Benue State at risk and has chased the Fulani away and even called him an infidel. “How is the governor an infidel? Is it about Jihad? The man who signed the FUNAM statement, Umar Shehu, exists in this country. We expect that as we speak, the man should be in detention somewhere and brought to book. He and his group should be asked questions; what has Governor Samuel Ortom done to deserve to be killed? If the governor is not safe, who is safe in this country? We are absolutely disappointed," he stated. He narrated how the attack happened, saying that Ortom had gone to inspect his farm located off the GbokoMarkurdi road, when he was ambushed along with this aides. He commended the governor’s security aides for helping to repel the attack. "The governor is a farmer and he goes to his farm anytime he has chance and Saturday was one of those days. He, accompanied by one or two of his aides and security details, went to the farm located off the GbokoMarkudi road. The governor has one of his farms close to the bank of River Benue. He went there to supervise the farm and on his way back, that is when the ambush took

place. "But God didn't allow the assailants to succeed. I will also commend the security men with the governor who did a great job by repelling the attack and safely took the governor to where the vehicles were packed. You know the terrain is not very good; you need to move by foot where the farm is located. The vehicles were not close to where the attack took place; that is why the governor had to be protected where the vehicles were parked," he said. Meanwhile, the Chairman of the South-West Governors Forum and Ondo State Governor, Mr. Rotimi Akeredolu, has described the attackers of Ortom as cowards. Akeredolu said yesterday in Akure during the swearing-in of the first female Secretary to the Ondo State Government (SSG), Princess Oladunni Odu, and four special advisers that their action was reprehensible. He said: “l must pause to condemn, in the strongest term possible, the most recent cowardly attack on the convoy of the Benue State Governor, Mr. Samuel Ortom. “I call on the security agencies to unmask the agents of darkness bent on throwing this country into a state of anarchy. “We note that the authorities have assured the people of Benue and Nigerians alike that the perpetrators will face justice. “May we, therefore, admonish those saddled with the responsibility of unraveling the mystery to ensure that, as it has been in other incidents, the investigation being conducted is thorough and

not open-ended”. CAN has also condemned the assassination attempt on Ortom by suspected herdsmen. It charged security agencies to investigate, arrest and prosecute the masterminds. In a statement yesterday by the General Secretary, Rev. Joseph Bade Daramola, CAN said it was disappointed that the Fulani Nationality Movement that claimed responsibility had not been outlawed by the government. "We are worried, sad, shocked, disappointed, and pained at the collapse of the security architecture of the government and the failure of those in charge to rise up to the security challenges. If a state governor is unsafe despite all the security operatives in his convoy, then who is safe? "We welcome the presidential directive and that of the Inspector General of Police that the investigation of the matter should be thorough and it is our hope that the matter will not be swept under the carpet," it said. CAN said it was disappointed that Fulani Nationality Movement that claimed responsibility has not been outlawed and the herdsmen leaders who publicly threatened the governor are still going about their businesses as if they have done nothing unusual. It added: "Is the government waiting till they have successfully carried out their evil and wicked enterprise? What are these people turning the country into in this century? "If these murderous Fulani herdsmen are not Nigerians, as we are being told, why

do our security agencies appear powerless before these criminals? Are they holding superior ammunition? Are they waiting till everyone results to self-defense with the attendant consequences?" CAN added that if President Muhammadu Buhari wanted his name to be written in gold, he should fix the security before the end of his tenure in 2023. "We challenge the federal government to roll out the list of names of the kingpins of those murderous herdsmen, kidnappers, bandits and terrorists in the prison and police custody and those under trials. "As long as the government continues treating these criminals with kid gloves so also will they continue operating with impunity," it said. CAN also urged the National Assembly to suspend a bill before the House of Representatives seeking to institutionalise the use of hijab, describing it as ill-timed and uncalled for. The bill titled: "Religious Discrimination (Prohibition, Prevention) Bill, 2021" is seeking to provide a mechanism for enforcing certain provisions of the constitution and other international laws that recognises the right of females to adorn hijab in both public and private establishments in Nigeria. CAN said: "We wonder what the sponsors of the bill seeks to gain from it other than to compound the security problem and the wearing of hijab in public and Christian schools.”

fully supports MSMEs, as demonstrated by our MSME survival fund initiative, which was launched in the wake of the COVID-19 pandemic by the federal government as part of the Nigerian Economic Sustainability Plan (NESP),

aimed at protecting MSME businesses from the shocks of the pandemic." According to him, the Payroll Support Scheme meant to support MSMEs in meeting their payroll obligations and safeguard jobs by paying up to N50,000 to a

maximum of 10 employees in each MSME for three months is part of the federal government's efforts to cushion the effect of the pandemic on MSMEs. He, however, added that the policy has been reviewed to N30,000 per beneficiary.

said in 18 months, gas will be obtained from the plant and will eventually, scale up until the contractors leave the site, unlike a new one that will require the whole plant to be completed before it starts functioning. According to him, the loan will be repaid from when the refinery becomes functional, adding that a refinery can produce a margin of $4-$7 per barrel which will be used to finance the loan. “What we have done is to put in place a transparent process. This has not always been done. The EPC contract was thrown open. It has never been done. We have invited McKenzie to support us. We have taken the control from the NNPC, including the selection of EPC contractors,” he said.

TOP GAINERS NGN NGN % JBERGER 1.70 18.70 10 STANBICIBTC 4.00 44.00 10 UACN 0.50 8.00 6.6 JOHNHOLT 0.03 0.49 6.5 INTERBREW 0.30 5.40 5.8 TOP LOSERS NGN % CHAMPBREW 0.20 2.24 8.2 JAIZBANK 0.03 0.67 4.4 JAPAUL 0.02 0.47 4.0 CHI PLC 0.01 0.30 3.1 LEARNAFRICA 0.03 1.07 2.7 HPE Nestle Nig Plc ₦1,375.00 Volume: 277.235 million shares Value: N3.053 billion Deals: 4,299 As at yesterday 22/3/2021 See details on Page 33

FG EARMARKS $1BN SYNDICATED-TERM LOAN TO BOOST MSMES growth of MSMEs through the provision of critical infrastructure, with 26 such clinics having impressive results. He said the Nigerian Export Promotion Council (NEPC) had launched the Export Expansion

Facility (EEF) under the National Economic Sustainability Plan (NESP) to support the resilience of new and existing MSMEs to respond to the shocks of the pandemic to retain and create more jobs, especially youth and women businesses through the

Youth Export Development Programme (YEDP) and Promoting Women Inclusiveness in Non-Oil Export. Adebayo, in a statement by his media aide, Mr. Ifedayo Sayo, said: "I will like to reiterate that our ministry

NNPC PUSHES BACK, SAYS NEW REFINERY WILL COST FG ABOUT $12BN between $7 billion to $12 billion to construct a refinery of this nature. This is what we call battery limit construction. That’s the estimate you see in the public space. “There are things you do outside the battery limits like the tank and other utilities that are never accounted for when the estimates of this nature are done. That’s about 25 per cent of the total cost. So, when you say refineries can be built for $6 billion or even $10 billion, you should also think about the 25 per cent you will add to it,” Kyari said. He said that another option would have been to scrap the current one and build a new one, but added that the resources are not available while the banking sector is not ready to put in the money

because they no longer fund oil projects of that magnitude. Kyari said that the refineries are national assets that must be used to ensure energy security for the country, maintaining that if a new refinery is started, it cannot become functional in less than four years, which means Nigeria will keep importing in the next four years. According to him, even for national strategic purposes, that would be a wrong decision, with the last turnaround-maintenance of the Port Harcourt having been done 21 years ago. The GMD stated that the current huge cost of rehabilitation was because the last turn-around-maintenance was badly carried out. He posited that all stakeholders and agencies of

the government were involved in the process leading to the award, saying that it wasn’t a TAM that was currently being carried out but total rehabilitation, which means that major components will be replaced, new items will be introduced and an upgrade of the plant. Kyari argued that the process went through the Bureau of Public Procurement and other such bodies, saying that he was confident that the best decision was taken after the tender process. He stressed that the process was delayed for the past 10 years because of unwarranted interferences and strategy problems, including going to the original refinery builders, which he said was the wrong thing to do. Kyari said that the

borrowing angle was introduced because typically, lenders will give conditions, one of which is an Operations and Maintenance contract arrangement, meaning that NNPC will not operate the plant, as it will be done in consonance with what he described as the best global practice. “More than that, the contractors will give a guarantee that it will work for such a period of time. That’s part of the requirements which was absent in previous ones under the TAM arrangements,” he said. He vowed that the plant will work and the loans will be repaid, saying that he was confident that in the next 15 years, the plant will still be running. The NNPC helmsman


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Do Not Politicise Attempt on My Life, Ortom Tells Nigerians George Okoh in Makurdi Benue State Governor, Dr. Samuel Ortom yesterday cautioned against anyone politicising last Saturday’s attempt on his life by suspected armed herdsmen at Tyo-Mu community in the outskirts of Makurdi town along MakurdiGboko road. He stressed that the level of insecurity in the country was a clear indication that Nigeria was sitting on a gun powder and everyone must be conscious to

avert an implosion. The governor who spoke at the end of an emergency State Security Council meeting held in Makurdi, appealed to Benue people to be calm and await the outcome of the investigation being carried out by the Police as directed by the Inspector General of Police (IG). The governor who said he was still in shock, lauded the presidency, the IG, as well as the array of groups including Nigeria Governors’ Forum, PDP Governors’ Forum, APC

Governors’ Forum, National leadership of PDP and APC, the media, the traditional institution and Christians as well as all Nigerians and people of goodwill for their show of concern and solidarity since the incident. He expressed optimism in the ability of the IG team to do their job and fish put the perpetrators,

adding that the State Security Council had also set up a panel to assist the State Commissioner of Police investigate the incident. “I urge Benue people to be calm because the matter is being investigated and we hope that those behind the attack would be apprehended and prosecuted. “I also plead with us not to

politicise the incident because doing so would not be in the interest of anyone. I have nothing against anyone or any group, all I am after is fairness, justice and protection of the rights, wishes and aspirations of the people who voted me to power. “The Benue grazing law is not targeted at anyone, Benue

people wanted it and they are happy with it. Moreover, it has brought relative peace to our state, so why would anyone kick against it? “Let’s all learn to do the right things to save our country from unnecessary crisis that endangers our unity and peace as a country,” he said.

House Summons COAS, CBN Gov over Arms Purchase Adedayo Akinwale and Udora Orizu in Abuja The House of Representatives ad-hoc Committee on Arms and Ammunition has summoned the Chief of Army Staff, (CoAS), Lt. Gen. Attahiru Ibrahim and the Governor of Central Bank of Nigeria (CBN),Mr. Godwin Emefiele to appear before it and clarify issues and as well account for the monies released for the purchase of arms by Nigerian Army. The summon was sequel to a unanimous adoption of a motion by Hon. Bede Eke at its sitting yesterday, to investigate the purchase of arms and ammunition by the military and paramilitary in the country. The public officers had earlier on Friday, March 12, 2021 failed to appear before the committee. Moving the motion, Eke said that the summon became necessary following the refusal of the public officers to honour several invitations extended to them by the committee. He said that the committee has invited the COAS four times and the CBN governor five times and they have refused to honour

the invitation. The lawmaker said, ‘’CBN has been a problem to this house and they cannot operate the way they are operating and this House will keep quiet because we approve their budget. What are we asking for? Come and tell us how much we have paid for the purchase of arms; we have given you the right to fair hearing. ‘’Are you hiding anything? We will not allow it; if there is something you are hiding because you are CBN, we will not allow it. People are being killed everyday. I want to move a motion because we do not have time; we come here everyday, sit for hours and wait for a government agency. I move that we summon especially the COAS and CBN; enough is enough; let them be summoned, that is when they will know we are serious.’’ Earlier, the Chairman of the Committee, Hon. Olaide Akinremi, said that the committee expected the Ministries of Finance, Defence, Interior, CBN, COAS and the Bureau of Public Procurement (BPP) to appear.

EIGHT HEARTY CHEERS…

L-R: Director, Afriland Properties Plc, Mrs. Olayinka Ogunsulire; Managing Director/CEO, Mrs. Uzoamaka Oshogwe; Chairman, Mr. Emmanuel Nnorom; Company Secretary, Mrs. Funmilola Suleiman; Director, Mr. Ayodele Adigun, during the eighth Annual General Meeting (AGM) of the company held in Lagos…yesterday

Escalating Insecurity Worsening Nigeria’s Troubled Economy, Says Gbajabiamila Adedayo Akinwale and Udora Orizu in Abuja The Speaker of the House of Representatives, Hon. Femi Gbajabiamila, has lamented that the potentially dire consequences of the country’s current national economic outlook have begun to manifest in troubling ways, especially by the escalating trend of insecurity across the country. Gbajabiamila said that there was need to articulate a national

long-termed Social and Economic Development Framework with a broad acceptance by critical stakeholders to provide a pathway towards fixing the malaise that has too long mitigated attaining the country’s fullest national potentials. He noted that such a framework would not be a product of politics or a tool for politicking, but a foundation for national rebirth as has been done successfully in other parts of the world. The speaker stressed that it is

now apparent to those paying attention that the era of oil is over while the world is racing away from the extractive economic model towards a knowledge economy model that prizes technological innovation and the marketplace of ideas over heavy industry and trade in natural resources. He said that presently, the country is entirely at the mercy of fluctuations in the global price of oil and gas at a time when it is increasingly evident that prices

are on a downward trend that is no longer sustainable. Gbajabiamila stated that the country must be resolute in its determination to overcome the challenges. He added: “We have a limited window of time to act before worsening circumstances force our hands in ways we cannot predict. I urge you to move with due haste, paying attention to all the intervening events without being distracted by them.”

suspension of export receipts at Lagos ports for two weeks. NPA Spokesman, Mr. Ibrahim Nasiru, said in a statement that the suspension was part of efforts to improve access to, and service delivery at Apapa and Tin Can Island Ports. “The authority hereby

and all satellite truck parks, with effect from March 22. “This development is necessitated by the need for consultations with export cargo stakeholders and the Nigerian Export Promotion Council (NEPC) on the harmonisation of procedures required of owners

note that this suspension does not affect export refrigerated cargo and trucks whose operators have secured call-up tickets as of March 19. “All other segments of port users are enjoined to continue carrying on their businesses by using the designated truck parks

“The authority thanks all stakeholders for their support towards the success of Eto since its introduction three weeks ago and seeks continued support in the determination to end truck congestion on access roads into the ports and improve service delivery,” he said.

Buhari, Masari Express Shock as Fire Razes over 100 NPA Suspends Export Receipts at Lagos Ports and booking for access into the The Nigerian Ports Authority announces a 14-day suspension of this category of cargo. Shops in Katsina Market “Stakeholders should please ports on the Eto platform. (NPA) yesterday announced the of export receipts at both ports

Deji Elumoye in Abuja and Francis Sardauna in Katsina

President Muhammadu Buhari and Governor of Katsina State, Hon. Bello Masari have expressed sadness over the fire that razed Katsina Central Market yesterday morning destroying hundreds of shops and billions of Naira worth of wares. Buhari, in a reaction by his Media Assistant, Malam Garba Shehu, described the destruction visited by the fire as horrific. He said: “I am extremely sad to hear the tragic news about the fire in Katsina market this morning. My thoughts are with those who lost their valued wares, and in some of the cases, entire savings. I have instructed concerned authorities to provide all possible assistance urgently.” Goods worth millions of Naira were destroyed by the fire, which gutted over 100 shops and stalls in the popular Katsina Central Market, situated in Katsina, the state capital.

THISDAY gathered that the fire, which started around 8am from one of the shops in the main section of the market, spread to other shops as some traders who were not affected trooped to evacuate their goods before the raging fire reached their shops. Though the cause of the fire was not yet known as at the time THISDAY visited the market, a combined team of State Fire Service, Federal Fire Service and the State Emergency Management Agency (SEMA) battled to put out the fire. However, no casualties were recorded during the inferno but most of the affected traders were rushed to hospitals as a result of trauma. One of the traders, Mr. Babangida Kabir, said the inferno started from one of the shops when electricity was supplied to the area, saying “we saw a spark from one of the shops and before we realized that the fire had extended to other shops”.

THISDAY Learning Centre Begins with Coursera Challenge Vanessa Obioha As media organisations adjust to the ‘new normal’ of gathering and disseminating news caused by COVID-19, the management of THISDAY Newspapers and ARISE NEWS Channel is equipping staff with learning opportunities to expand their skills within and beyond the media. It formally kicked off its knowledge sharing and interactive session on the THISDAY Learning Centre platform yesterday, with an introduction to the online platform Coursera. Coursera is one of the world’s leading online learning platforms with over 70 million users globally.

The US-based e-learning platform offers users a variety of online courses, certifications, degrees and masters in various subjects. Some of the courses on Coursera are free, but for certifications and degrees, users are required to pay a fee. However, the platform offers financial aid and how to be a beneficiary of the financial support will be the focus of the facilitator, Wale Thomas for this quarter. The Daystar Leadership Academy Director of Studies used the first session to educate staff on how to navigate the learning platform - from registering to searching for courses relating to their fields. He touched lightly

on the financial aid topic with the promise to expand more in the next session. “The idea could not have come at a better time given the COVID-19 lockdown reality that has made contacts with staff difficult, if not impossible,” said Managing Director of THISDAY, Mr. Eniola Bello, in a brief statement. On his part, the Managing Editor, Mr. Joseph Ushigiale lauded the effort and advised staff to embrace the opportunity as there are many fruits to reap from the learning platform. Coordinator of THISDAY Learning Centre, Mr. Ayo Arowolo

echoed similar sentiments but with icing on the cake. He announced the Coursera Challenge where members of staff are encouraged to obtain certifications in their field of study and get rewarded. The prizes, however, are in three stages: the first person to obtain any certification; the first person to obtain five certifications and the first person to achieve the highest certification within the 90-day challenge period. For the last stage, he disclosed that the Chairman of THISDAY Media Group and ARISE NEWS Channel, Prince Nduka Obaigbena will award the winner a star prize.


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COMMENT

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

WHY BUHARI SHOULD HEEDVOICE OF REASON

It’s time to engage mercenaries to contain the protracted insurgency, writes Abosede Ajibade

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he major plank of the tripod of the Buhari presidency agenda is to tame the insurgency that was pronounced in the North Eastern part of the country. The then opposition All Progressives Congress (APC) harangue the then President Goodluck Jonathan over his inability to bring dare-devil Boko Haram insurgents on their knees. The handlers and think tank of the APC dazzled Nigerians with the military credentials of General Muhammadu Buhari, the party’s presidential standard bearer. They reeled out his heroic gallant dexterity during the Maitatsine days. He promised to rescue Nigerians from rampaging ragtag Boko Haram guerilla fighters who had reportedly captured and hoisted their flags in 13 local government areas of Borno State, the epicentre of the insurgency. The hopes were high but delivery was below par. Nigerians queried the competence of the government to tame Boko Haram as the terrorists crushing attacks on Borno towns continued unabated. In a knee-jerk response to the unabated security, President Muhammadu Buhari ordered relocation of the military command centre to Maiduguri, the Borno capital. Yet the gains were little. No respite in sight even when the government spokesman and the minister of Information and Culture, Alhaji Lai Mohammed claimed that Boko Haram had been ‘greatly degraded’. According to him, communities and towns where insurgents hoisted their flags had been liberated. The argument fell flat in the face of growing insecurity in the state. Many sneered and wondered why ‘degraded Boko Haram’ continued to wax stronger and became more vicious in its attacks. About 43 rice farmers were slaughtered by the insurgents for flaunting the order of Boko Haram not to farm. Sadly, the presidential spokesman Garba Shehu displayed crass insensitivity and aggravated the grief of the bereaved and other Nigerians by saying that the slain farmers did not get clearance from the military before going to the rice field. Shehu’s insensitive statement clearly confirmed that the Boko Haram terrorists are still very much alive, vicious and deadly. Former Governor Shettima cried a few times over the heinous killings of Borno citizens before he left office in 2019. His successor, Professor Babagana Zulum who was determined to change the ugly narrative has escaped assassination attempt twice. He exposed the security forces lies that all was well. Out of frustration, he called on the federal government to engage the services and expertise of mercenaries who are sure footed in guerilla warfare. Zulum’s proposal reawakened the conversations on the South African fighters contracted by Goodluck Jonathan in the twilight of his administration. Jonathan had engaged Specialised Tasks, Training, Equipment and Protection, (STTEP), a South African company to combat the insurgents in the North-east. The mercenaries whose assignment was to conquer Shekau and his evil men justified the confidence reposed in them as they achieved milestones in the battlefield. It will be recalled that bombings and wanton attacks on soft targets subsided due to the sustained assaults they unleashed on Shekau and his deranged ragtag army. Sadly, the mercenaries were disengaged by the Buhari government shortly after taking the reins of power. The government scored a petty political point against the ousted Jonathan government at the expense of security of lives and property of residents of war-torn North Eastern Nigeria.

THE SECURITY FORCES ARE FIGHTING TOO MANY BATTLES ON SEVERAL FRONTS. THEY NEED FOREIGN HELP URGENTLY!

Now, the Nigeria’s House of Representatives, under the competent leadership of Rt Hon Femi Gbajabiamila made a bipartisan, patriotic recommendation to re-engage mercenaries in the wake of a surge in deadly violent crimes like kidnapping, banditry, cult clashes, among others. The domestic security architecture is obviously overwhelmed. The nation is almost grounded to a halt. The security forces are fighting too many battles on several fronts. They need foreign help urgently! Echoing the collective consensus of the Nigerian Senate on the insecurity in the country, APC Senator representing Niger South, Muhammad Enagi said, “The enemies of God, bandits, terrorists, kidnappers are everywhere. Where are we heading to in this country? What else do we need as lawmakers that we are not doing? “Can we rightly say that the government is incompetent? Because this issue has been discussed here over and over and there is no improvement. It is getting worse. I’m sure everybody here has stories to tell about the security challenges. What else are we supposed to do that we are not doing? Are we supposed to amend the laws in this country to give every citizen freedom to carry arms? The above concern made the Green Chamber after the motion moved by Abdukadir Rahis to contact foreign mercenaries for help. The federal government ego trip will further worsen the precarious security situation in the country. National Security Adviser (NSA), Major General Babagana Monguno (rtd) said, “The President’s view and directive is that we will not engage mercenaries when we have our own people to deal with these problems. We have the personnel and resources, and the President has given a new lease of life to the Armed Forces”. The claim that the existing personnel and resources will defeat Boko Haram is weak. The unabated killings, kidnapping, banditry and other violent crimes punctured the NSA’s claim. The government should be humble enough and descend its high horse to request for assistance. If foreign interests wade in on the protracted insecurity that has turned Nigeria into one of the most dangerous places to live in the world, the better for the country. It will in no way diminish our standing in the comity of nations. All nations are interdependent and often seek each other’s assistance in times of distress. On October 31, 2020, The early morning bravery operation of United States Navy SEALs from Special Warfare Development Group(DEVGRU) during the rescue mission of captured American, 27-year-old Philip Walton in Nigeria brings to mind how foreign mercenaries could greatly help to crush insurgency. They parachuted from Air Force Special Operations aircraft of the 352d Special Operations Wing and rescued the American citizen without hurt and dealt a deadly blow to his captors, killing six out of the seven-man-gang. If Nigerian government could extend collaboration to the American forces just to rescue a single soul, why should the government hesitate in engaging trained and well-experienced foreign fighters at this critical time? Truth be told, insurgency and insecurity have become a thriving industry for powerful people in and outside of the security forces. Former President Jonathan confirmed this when he cried out that Boko Haram sympathisers have infiltrated his government. President Buhari should listen to the voice of reason from the Green Chamber and do all within his powers to secure Nigerians

GOODNIGHT, JO, COMMISSIONER NUMBER ONE Yusuph Olaniyonu pays tribute to John Olusegun Odubela, lawyer, administrator and a jolly good fellow

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hy do I like pretending that no death can shake me again? Why was I deceiving myself that I have heard about and seen enough death in my short life time that none can shake me again? May be because as a 13-year-old boy, I had woken up in the morning to find out the person lying next to me, another young boy, was stone dead. May be because I had experienced speaking to my mother on the phone at about 2pm, she was hale and hearty only for her to slump six hours later and die. Maybe because I had seen my usually bubbling and happy father gradually become incapacitated by cancer and eventually gave up the ghost. Really, I had experienced the death of too many people close to me, including three siblings. Now, I pretend that as a muslim, I am prepared for death and that no death will shake or disorganize me. Also, I thought I had steeled my heart so tough that I now consider death as part of the bargain of daily existence. However, all these posturing came out empty to me on the night of Monday, March 15. While watching the television, my son, Oladapo suddenly shouted “Inalilahi! Daddy, they are speculating that Mr. Odubela is dead”. I frowned and looked at him to be sure he was okay. John Olusegun Odubela, Senior Advocate of Nigeria (SAN), was Dapo’s boss as he had influenced the young lawyer’s employment with Rickey Tarfa and co, a leading law firm where he was a partner and Head of Chamber. The young man had in the afternoon of the same day informed me that the senior lawyer was indisposed and that I should try and contact him. For Dapo to start talking about the death of this my friend and brother a few hours later was confusing and unimaginable for me.

From that moment, I was disorganized and was only wishing there was a mistake somewhere. Some minutes after, Dapo confirmed the news. The man I loved to call JO had passed on. This was one sad news I could not live with. Throughout the night, I was awake and this time, I was not in the mood to do any of the normal things I usually resort to when I have sleepless nights - Tahajud (night supplication), reading a book or writing. It is still difficult to believe that JO is gone. I first met him in 2011 when we were part of the new appointees into the cabinet of the Ogun State Government under our captain, Senator Ibikunle Amosun, who served as governor between 2011 - 2019. Odubela was Commissioner for Education, Science and Technology. Since we both left Ogun State government in 2015, we had kept in touch and maintained a close relationship. JO was one of the ‘salts’ of our administration. No dull moment with this lawyer who permanently wore smiles on his chubby face like a glowing skin. The Governor named Odubela ‘Commissioner Number One’ because his portfolio, Education, was the first in the five cardinal programmes of the ‘Mission to Rebuild’ agenda of the Amosun administration. And he actually lived up to the appellation. Odubela was passionate about his job. He served with all his energy and the only time you could get him looking disturbed were those periods when schools were about to resume or it was time for the terminal examination and he could not get the approval for funds to put all resources and other arrangements in place. The energy JO put into his work and how he tried to mingle with and befriend the stakeholders in the education sector was commendable. During any first week of school resumption, JO could visit as many as 50 primary and secondary school across

the three Senatorial districts to assess the state of readiness of the management, students and facilities for the new school term. He was so active that the state television station, OGTV, had no option than to permanently place a television crew at his disposal to cover all his official functions. During the period, he accompanied me to my alma mater at the primary and secondary levels. Despite his tight schedule, JO would also attend all social events in honour of his colleagues and he was a man who was friendly with both political appointees and the bureaucrats. Whenever JO needed to write a crucial press statement, he usually would prefer I handled it for him. He would walk from his office about 500 meters away with all the relevant officials to the Ministry of Information and Strategy, and we would all sit down to get the statement prepared, after which he would walk away with the hard copy. JO always cracked jokes that he liked sitting beside me at events because he knew the cameras would beam on the Information Commissioner and he would be on TV and in the newspapers. He was a man of drama and I believe that had he not taken to legal practice he would have made so much money from the Nollywood industry in the area of acting, script writing and directing. He would crack jokes and appear so serious that you would not know what to believe. In those four testy and dizzying years, I can’t remember seeing JO frowning, unhappy or engaged in any hot argument. He would always crack jokes and played pranks. It took our Commissioner for Budget, Mrs Oluwande Muoyo who we all called Mrs. M. over one year before realising that Odubela was not a medical doctor because he talked about the food he ate with his friends as surgical operations. Odubela would in jocular manner switch from one side of an

argument to the other and he would appear serious that only those of us who knew him very well would know he was just being mischievous. He was our spokesman during the agitation by cabinet members that our salary was too small and needed special augmentation from the Governor. The agitation was code-named “commencement”. However, each time after the State Executive Council meeting when we raised the issue, Odubela would argue so beautifully for us but immediately the Governor hailed him as “Commissioner Number One” and gave him friendly signs that he should not be leading agitation against him, he would jocularly make a u-turn. “What is commencement?”, Odubela would blurt out with that funny expression on his face, “we can’t be putting His Excellency under pressure. Don’t worry, sir, they have to manage. This is Mission to Rebuild Ogun State”. He would say it with that very funny expression on his face and everybody will burst out laughing. That day, the Governor had won, once again. Thanks to Commissioner Number One. On another occasion at the Executive Council meeting, when JO needed approval for the request for funds for his ministry, he would say Mrs. M, the Budget Commissioner was “the best” and even relinquished his “Number One” title to her. Once he got the approval he would say “who is Mrs. M? I don’t know her. Finance is the best. She is number one”, that was a reference to Mrs. Kemi Adeosun, the Commissioner for Finance. And he would continue switching his adulation for both women, depending on whose intervention on his ministry’s request was critical at the point in time. He said those words in a unique way that anybody around would be forced to laugh. Olaniyonu was Commissioner for Information and Strategy in Ogun State 2011 - 2015.


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T H I S D AY • TUESDAY, MARCH 23, 2021

EDITORIAL AHMED INDIMI AND HIS LION PET The Lion should be taken to the safest place possible – a zoo

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wning a lion and other wild animals as pets is increasingly becoming a status symbol among a class of Nigerians. Since nobody acquires these innocuous looking beasts out of love, we are concerned by the legality of the action and the health of our society. The recent display on social media of an adolescent lion on a leach by Ahmed Indimi, son of renowned oil magnate and son-in-law to President Muhammadu Buhari, does not only violate local and international laws, it also portends imminent danger to his family, friends and people who reside within his neighbourhood. Conservationists and zoo keepers never cease to emphasise the latent wildness in these beasts, even when they are given sweet names like ‘kitty’ or ‘teddy’. Among reasons not to try to domesticate them is that it is impossible to reproduce their natural habitat, and there is usually breeding difficulties. It often gets to the threshold where the ‘pet’ becomes overwhelmed when it grows to its fullest, complete with its natural hunting instincts. There have been confirmed GOVERNMENT MUST cases where these DO MORE TO PROTECT predators are released RESIDENTS FROM into neighbourhoods AVOIDABLE ACCIDENTS AND POSSIBLE DEATH IN secretly without notification to the OUR TOWNS AND CITIES IF authorities. WILD BEASTS LIKE LIONS, The culture of KEPT AS PETS, BREAK attempting to domesTHEIR BOUNDS IN SEARCH ticate beasts is almost OF FOOD alien to Nigerians, leading us to believe that those who own them as pets are copying other societies they frequently visit. Incidentally, some of those countries like United Arab Emirates (UAE) have actually outlawed the keeping of wild animals, including lions and tigers, as pets. Violators of this law in the oil-rich Gulf State now risk a six-month jail term or a

Letters to the Editor

fine of up to 500,000 dirhams ($136,000; £110,883). In the past, Nigeria had a large population of the protected animals. Regrettably, they are now known to survive in only two sites in the country, and these are Kainji Lake National Park where researchers tracked up to 30 lions and Yankari Game Reserve with less than five cats. However, records show that no fewer than 50 cats live in the wild in Nigeria. Researchers believe that a combination of factors like conflict between lions and humans as a result of habitat loss, poaching, among others, could lead to the disappearance of these animals from Nigeria within the next decade.

M T H I S DAY EDITOR BOLAJI ADEBIYI DEPUTY EDITOR YEMI AJAYI, 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 HEAD, COMPUTER DEPARTMENT PATRICIA UBAKA-ADEKOYA TO SEND EMAIL: first name.surname@thisdaylive.com

eanwhile, the trade in lions is prohibited internationally under the Convention on International Trade in Endangered Species of wild flora and fauna (CITES). In Nigeria, they are protected by the Endangered Species Act of 2016 and by the Endangered Species Control, which was signed by President Buhari. Thus, conservationists are certain the government could evoke these laws and treaties to punish any Nigerian who displays a lion as an illegal pet. The Nigerian Conservation Foundation (NCF) is also seeking a confirmation of the source of the animal and that anyone in that supply chain should feel the full weight of the law. Unfortunately, lion cubs are sold across Africa by captive breeders in farms, despite the existence of laws that should regulate such activities. Government, at all levels, must therefore do more to protect residents from avoidable accidents and possible death in our towns and cities if wild beasts like lions, kept as pets, break their bounds in search of food. It is also important for Ahmed Ndimi and fellow travellers to understand that the lion he is posing with on social media will always be a predator and only waiting until it is ready to hunt because of natural instincts. It will definitely kill because it is a killer by nature. Before the day comes when a slip triggers that inevitable disaster, the authorities must retrieve the lion from the illegal custody of Ahmed Indimi.

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.

Customs And The Indigenous Airlines

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overnments all over the world have been working round the clock to minimize the negative effects of the Covid-19 pandemic on the aviation industries. In March, 2020, American government gave out over $25 billion as bailout funds to airlines to help absorb the shock created by the pandemic. In the same vein, Germany bailed out Lufthansa, the country’s biggest airline, with $10 billion. The United Kingdom, following the same trend, gave over £1.8 billion pounds to four biggest airlines in the country—British Airways, EasyJet, Ryanair and Wizz Air to cushion the fallout of the lockdowns orchestrated by Covid-19. Ironically, in Nigeria—with weak airlines, the aviation industry received paltry sum of N4 billion. This is like a drop of water in the desert. The amount is equivalent to the cost of one engine of Boeing 777! Taking into consideration the fact that Nigeria is not as rich as those countries mentioned above and its recessed economy could not afford such humongous bailout funds, the stakeholders in the aviation industry came together and made a proposal for waivers on Customs duties and VAT, etc., in the form of a bill to the National Assembly. After painstaking deliberations cum legislative scrutiny, it was passed to provide lifeline for airlines in the country. President Buhari, in his wisdom, and sound advice of Minister of Aviation, Hadi Seriki, signed it into law on 29th December, 2020. This is not an executive order but a law that journeyed through the hallowed chambers of National Assembly before it was assented

to by the President. Here is the crux of the matter: Customs under the leadership of Hameed Ali has formed a parallel government - challenging the authorities of the President and National Assembly in a brazen disregard of a law passed by the legislature and duly signed by the President. Despite the waivers granted to airlines on duties and VAT by this law, Customs still disobeys the laws of the country by insisting that airlines should pay duties on new aircraft and spare parts. We all know how important spare parts are to airlines, and which are mostly sort abroad. In aviation industry, safety is of utmost importance. Recently, the aviation watchdog, NCCA, suspended AZMAN Airline from flying for alleged safety breaches. While we commend NCCA for upholding its mandate, we should also appreciate the dilemma airlines are facing today. What happens, for example, when AZMAN imports spare parts to service its jets in order to avoid sledgehammer of NCCA and Customs impounds those spare parts unlawfully and keep holding on to them in flagrant violations of the law of the country? This is exactly, albeit sadly, what Nigeria Customs is doing to Air Peace Airline—the nation’s largest airline. Customs is insisting on collecting duties and other charges, on spare parts bought by the airline recently, even when there is already existing law giving the airlines reprieve in this regard. This is an act of impunity on the part of Customs Service. An agency of government should not be seen assaulting the same law that birthed it. I certainly don’t know when

Customs became an island nation inside Nigeria that emboldens it to defy our laws. As an agency of government, if you’re not comfortable with any law, you can approach the court to challenge it, but once that law is binding, you have no right to flout. Chairman of Air Peace Airline, Chief Allen Onyema expressed the frustration of the airline in an event organized to receive its second brand new E195-E2 aircraft recently. His words: “I want to thank the Minister of Aviation for the revolution he has brought in the industry. I want to thank the President for removing custom duty on the importation of aircraft and removing Value Added Tax(VAT) from ticket fares. This President has done very well for the aviation industry by signing into law these demands that we presented to him. “I plead with the Federal Government to talk to Customs Service. They should try and feel the pulse of the President of this country and his regime. The customs knows very well that waivers have been signed into law, yet I have an aircraft on ground for over one month, an aircraft I pay over one million dollars of insurance whether it flies or not. “I pay over N490 million with a staff strength of over 3,000 people, yet our spare parts and engines will come into this country and customs had withheld them and giving us all manner of bills to pay. But for the intervention of the Minister of Aviation, all the airlines in the country would have shut down. Where does that leave the economy of this country?” Chidiebere Nwobodo, chidieberenwobodo@yahoo.com


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TUESDAY MARCH 23, 2021 • T H I S D AY


TUESDAY MARCH 23, 2021 ˾ T H I S D AY

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NEWS

Ganduje, Bello Condemn Attack on Ortom Deji Elumoye in Abuja and Laleye Dipo in Minna The Kano State Governor, Dr. Abdullahi Ganduje and his Niger State counterpart, Mr. Abubakar Sani Bello have condemned the attack on the Benue State governor, Mr. Samuel Ortom. Ganduje yesterday disclosed that his colleagues were really worried about last weekend attempt on the life of Ortom. Ganduje, who addressed journalists after a closed-door meeting with President Muhammadu Buhari at the State House in Abuja, however, submitted that Nigeria would soon overcome the killings and other attacks associated with the security challenges experienced in the country.

Describing the attack on Ortom as unfortunate, the governor wondered if a state chief executive with security compliments could be brazenly attacked, what becomes of an ordinary citizen in the street. He expressed hope that with the new service chiefs settling down after their appointment, the security situation in the country would definitely change for the better. According to him, “The attack is unfortunate, but I believe with the appointment of new service chiefs, new strategy will be developed, and I think the president has always been serious on this issue, but is rather unfortunate. “Not only governors are being attacked, anybody who is attacked in Nigeria, one should be worried

because life is life. Certainly, we’re worried because a governor is supposed to have some security with him, let alone an ordinary man who has no security. So you can see how serious the situation is, but we believe we will come over it.” On his part, Bello has described the attack on the convoy of Ortom by suspected gunmen as a dangerous dimension in the already compounded insecurity challenges facing the country. Bello, who is the chairman of the North Central State Governors’ Forum, stated this in a statement made available to journalists in Minna, the state capital, yesterday. He called on the federal government to carry out a thorough investigation into the matter.

Tetfund Warns 226 Beneficiary Institutions against Poor Service Delivery Kuni Tyessi in Abuja The Tertiary Education Trust Fund, (TETFund) has charged the 226 public tertiary institutions statutorily benefiting from its interventions to inculcate efficient service delivery that would ensure that Nigerian higher institutions compete favourably with the best in the world. The fund warned that its desire to achieve results in line with its mandate could be jeopardised if

tertiary institutions would render dysfunctional services. The Executive Secretary of TETFund, Professor Suleiman Bogoro, who stated this yesterday in Abuja at a workshop organised by the fund for nodal officers and directors of quality assurance of the 226 beneficiary institutions with the theme: “Building Skills for Effective Service Delivery,” noted that the workshop was organised by the fund to engender synergy between the agency and

its beneficiaries. Bogoro said: “We want to achieve result as TETFund in line with our mandate. However, this could be jeopardised if there are dysfunctional in our beneficiary institutions. “The hallmark of the fund is built on the bedrock of effectiveness and efficiency. This is because of the anticipated impact we seek to achieve in all our beneficiary institutions.”


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T H I S D AY ˾ TUESDAY MARCH 23, 2021

POLITICS

Group Politics Editor NSEOBONG OKON-EKONG Email nseobong.okonekong@thisdaylive.com (08114495324 SMS ONLY)

Endless Tussle for Imo North Senate Seat Can the Federal High Court ignore the Supreme Court ruling on a dispute or give an order on a matter still pending before the court? These are questions Davidson Iriekpen is seeking answers to in the tussle between Ifeanyi Ararume and Frank Ibezim for the Imo North senatorial district contest

CJN Muhammad

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he judiciary was virtually thrown into palpable confusion last Thursday, following two orders of the High Courts over the tussle for Imo North senatorial district contest between Senator Ifeanyi Ararume and Sir Frank Ibezim. While Justice Taiwo Taiwo of the Federal High Court in Abuja declared Ararume as winner of the December 5, 2020 senatorial district byelection in which the All Progressives Congress (APC) was declared winner and ordered the Independent National Electoral Commission (INEC) to issue him a Certificate of Return within 72 hours from the delivery of the judgment, an Imo State High Court in Owerri issued another order of interim injunction restraining the commission from recognising him as the winner of the election. Although INEC had declared the APC winner of the by-election, it did not return a candidate from the party. It hinged its decision on what it described as “several court orders” for and against the two major contenders. Judicial analysts, however, view the order as running contrary to an earlier judgment by the Supreme Court on February 5, 2021, affirming the judgment of the Court of Appeal, which had declared Ibezim as the authentic candidate of the APC for the by-election. To the surprise of the people of the state, Justice Taiwo of the Federal High Court, in his judgment delivered last Thursday, overruled the apex court, stating that by a recent judgment in a case marked CA/A/1085/2020 by the Court of Appeal in Abuja, the 3rd defendant, Ibezim, remained disqualified. But same day, the Imo State High Court in Owerri quickly countered Justice Taiwo by an order of interim injunction restraining INEC from recognising Ararume as the winner of the election and candidate of the APC. The injunction also restrained INEC from issuing him a certificate of return or any other instrument in his favour and respect of the said election pending the hearing and determination of the motion on notice in the suit. According to Justice E.O Agaba, the order followed an application by motion exparte brought before him by a member of the Imo State working committee, Mr. Kelechi Soribe and five others against Ararume, INEC and the APC. In the case before Justice Taiwo, without citing the Supreme Court judgment delivered on February 5, 2021, Ararume had, through his counsel asked the judge to invoke the judgments of a Federal High Court marked FHC/ABJ/ CS/1229/2020 and that of an Appeal Court marked CA/A/1085/2020 to disqualify Ibezim and declare him as the rightful candidate for APC. Prior to the by-election held on December 5, 2020, Ibezim and Ararume had fielded themselves as APC candidates. Tunde Falola, who is the counsel to Ararume told journalists after the court ruling that the

Ararume

judgments of the High Court and later the Court of Appeal have conclusively disqualified Ibezim and therefore he cannot claim to be an aspirant or candidate in the Imo North senatorial election. In opposing the suit, APC had told the court that it never fielded him for the December 5, 2020, senatorial by-election for the senatorial district. The party had, insisted that Senator Ararume lacked the locus standi to lay claim to the candidacy and urged the court to dismiss his suit. Ararume then dragged INEC, APC, and Ibezim before the Federal High Court praying for an order to compel INEC to recognise him as an APC senatorial candidate in the election won by the party. He claimed that Ibezim, having been disqualified by a Federal High Court on account of supplying false information to INEC to secure clearance and same disqualification having been upheld by the Court of Appeal in Abuja had knocked him (Ibezim) off from laying any claim to the outcome of the by-election. But, the APC, through its counsel, Osho Daudu asked the court to discountenance Ararume’s claims insisting that his name was never forwarded to INEC but that of Ibezim. The counsel submitted that a Federal High Court judgment delivered in Owerri, Imo State

Ibezim

which erroneously conferred locus on Ararume had been voided by Supreme Court and cannot confer any advantage on the plaintiff. Emma Osayomi, representing Ibezim, in his own submissions, said that his client had approached the Supreme Court to challenge his disqualification on account of variation in his name. The counsel argued that as at the election day, the name of his client was on the INEC list and not that of Ararume and urged the court to dismiss Ararume’s claims and hold that Ibezim remains the APC candidate. In all of these, many observers are wondering what happened to the judgments of the Supreme Court that dismissed two appeals by Ararume on the same tussle? In the two appeals, he had sought among others, to be made the candidate of APC in the by-election. A five-man panel of the court, headed by Justice Amina Augie, in two judgments, affirmed the judgments of the Court of Appeal, Owerri division, which voided the proceedings and decisions in the suit filed by Lady Uchenna Onyeiwu Ubah before the Federal High Court in Owerri. To properly understand this, Ubah had sued shortly after the APC’s primary election, preparatory to the December 5, 2020 by-election, praying the court to, among others, compel the APC to submit the name of Ibezim to INEC

Counsel to Ararume told journalists after the court ruling that the judgments of the High Court and later the Court of Appeal have conclusively disqualified Ibezim and therefore he cannot claim to be an aspirant or candidate in the Imo North senatorial election. In opposing the suit, APC had told the court that it never fielded him for the December 5, 2020, senatorial by-election for the senatorial district. The party had, insisted that Senator Ararume lacked the locus standi to lay claim to the candidacy and urged the court to dismiss his suit. Ararume then dragged INEC, APC, and Ibezim before the Federal High Court praying for an order to compel INEC to recognise him as an APC senatorial candidate in the election won by the party. He claimed that Ibezim, having been disqualified by a Federal High Court on account of supplying false information to INEC to secure clearance and same disqualification having been upheld by the Court of Appeal in Abuja had knocked him (Ibezim) off from laying any claim to the outcome of the by-election. But, the APC, through its counsel, Osho Daudu asked the court to discountenance Ararume’s claims insisting that his name was never forwarded to INEC but that of Ibezim

as its candidate for the election. In a judgment, the Federal High Court rejected her prayers on the grounds that Ubah lacked the locus standi to have filed the suit. The court proceeded to disqualify Ibezim as the party’s candidate and ordered INEC to accept Ararume as APC’s candidate for the by-election. Both Ubah and Ibezim appealed the judgment at the Court of Appeal, Owerri. While Ubah faulted the trial court for holding that she lacked the requisite locus standi, Ibezim argued that his right to fair hearing was breached by the Federal High Court, which ordered his disqualification in a suit in which he was not a party. In its judgments in both appeals, the Court of Appeal, Owerri agreed that Ubah lacked the locus standi and also held that Ibezim’s right to fair hearing was breached. It proceeded to set aside all the orders disqualifying Ibezim and directing INEC to accept Ararume as the candidate of the APC. Dissatisfied, Ararume appealed at the Supreme Court, praying the court to among others, set aside the decisions by the Court of Appeal and restore the earlier judgment by the Federal High Court. The Supreme Court dismissed both appeals marked: SC/971/2020 and SC/972/2020 in two unanimous judgments delivered on February 5. The court said the judgments should be applied to the cross-appeal, marked: SC/1060/2020 filed Dr. Edith Chidinma Uwajimogu, in which she sought to have Ararume declared as the candidate of the APC. Justice Tijani Abubakar, who prepared the lead judgments, said after reviewing all the arguments by parties and the records, the court found that the appeals were without merit. Other members of the panel, Justices Augie, Uwani Abba-Aji, Samuel Oseji and Emmanuel Agim, all agreed with the lead judgment. A day after the Supreme Court judgments, the Court of Appeal in Abuja in another case marked CA/A/1085/2020 and filed by Ibezim against the judgment of the Federal High Court, Abuja on the senatorial tussle, upheld his disqualification as the candidate of APC in the by-election. A three-man panel of the Court of Appeal, in a unanimous judgment upheld the December 4, 2020 judgment by Justice Inyang Ekwo of the Federal High Court, Abuja, to the effect that Ibezim submitted false information about his age and academic qualification to INEC, and was therefore not qualified to contest the by-election held on December 5, 2020. Justice Stephen Adah who read the panel’s unanimous judgment, resolved the two issues identified for determination against the appellant, saying that the finding of the trial Federal High Court was unassailable to warrant any interference by the Court of Appeal. NOTE: Interested readers should continue in the online edition on www.thisdaylive.com


TUESDAY MARCH 23, 2021 • T H I S D AY

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TUESDAY MARCH 23, 2021 • T H I S D AY


TUESDAY MARCH 23, 2021 • T H I S D AY

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TUESDAY, MARCH 23, 2021 ˾ T H I S D AY

MARKET NEWS

Shareholders to Receive N2.10 Dividend as CAP Plc’s Board Approve Results Goddy Egene

and Allied Products (CAP) Plc, has recommended a dividend of N2.10 per share for the year

Board of Director of Chemical 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

ended December 31, 2020. The recommended was made at the board’s meeting held yesterday.

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 19Mar-2021, unless otherwise stated.

The board also approved the 2020 audited financial statements(AFS) and decided

that the AFS be submitted to the Nigerian Stock Exchange (NSE), Securities and Exchange

Commission and any other relevant regulator no later than March 31, 2021.

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 152.77 154.27 -5.57% Afrinvest Plutus Fund 100.00 100.00 3.74% Nigeria International Debt Fund 350.05 350.05 -12.05% Afrinvest Dollar Fund 109.86 109.86 -1.97% 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 1.03 1.04 14.54% ACAP Income Funds 0.65 0.65 -11.04% 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 2.40% AIICO Balanced Fund 3.29 3.45 -7.18% ANCHORIA ASSET MANAGEMENT LIMITED info@anchoriaam.com Web:www.anchoriaam.com, Tel: 08166830267; 08036814510; 08028419180 Fund Name Bid Price Offer Price Yield / T-Rtn Anchoria Money Market 100.00 100.00 0.38% Anchoria Equity Fund 126.16 127.59 -5.10% Anchoria Fixed Income Fund 1.14 1.14 -14.29% 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 18.06 18.60 -0.42% ARM Discovery Balanced Fund 401.48 413.58 0.28% ARM Ethical Fund 35.30 36.36 4.71% ARM Eurobond Fund ($) 1.20 1.20 -2.00% ARM Fixed Income Fund 1.04 1.05 -6.88% ARM Money Market Fund 1.00 1.00 1.78% AVA GLOBAL ASSET MANAGERS LIMITED info@avacapitalgroup.com Web: www.avacapitalgroup.com Fund Name Bid Price Offer Price Yield / T-Rtn AVA GAM Fixed Income Dollar Fund 103.14 103.14 1.41% AXA MANSARD INVESTMENTS LIMITED investmentcare@axamansard.com Web: www.axamansard.com; Tel: +2341-4488482 Fund Name Bid Price Offer Price Yield / T-Rtn AXA Mansard Equity Income Fund 121.40 122.25 -3.78% AXA Mansard Money Market Fund 1.00 1.00 2.34% CAPITAL EXPRESS ASSET AND TRUST LIMITED info@capitalexpressassetandtrust.com Web: www.capitalexpressassetandtrust.com ; Tel: +234 803 307 5048 Fund Name Bid Price Offer Price Yield / T-Rtn CEAT Fixed Income Fund 2.04 2.04 -24.86% Capital Express Balanced Fund(Formerly: Union Trustees Mixed Fund) 2.15 2.20 -18.17% CHAPELHILL DENHAM MANAGEMENT LTD investmentmanagement@chapelhilldenham.com Web: www.chapelhilldenham.com, Tel: +234 461 0691 Fund Name Bid Price Offer Price Yield / T-Rtn Chapelhill Denham Money Market Fund 100.00 100.00 2.97% Paramount Equity Fund 15.36 15.65 -3.93% Women's Investment Fund 130.61 132.04 -1.89% CORDROS ASSET MANAGEMENT LIMITED assetmgtteam@cordros.com Web: www.cordros.com, Tel: 019036947 Fund Name Bid Price Offer Price Yield / T-Rtn Cordros Money Market Fund 100.00 100.00 2.06% Cordros Milestone Fund 2023 126.71 127.59 Cordros Milestone Fund 2028 N/A N/A Cordros Dollar Fund ($) 110.42 110.42 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 1.00 1.00 0.82% Coronation Balanced Fund 1.15 1.16 -4.41% Coronation Fixed Income Fund 1.45 1.45 -8.24% 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 100.00 100.00 2.09% EDC Nigeria Money Market Fund Class B 1,000,000.00 1,000,000.00 1.94% EDC Nigeria Fixed Income Fund 1,162.86 1,166.63 -3.06% 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 1,350.27 1,350.27 5.40% FBN Balanced Fund 181.49 182.74 -3.30% FBN Halal Fund 110.27 110.27 4.63% FBN Money Market Fund 100.00 100.00 2.41% FBN Nigeria Eurobond (USD) Fund - Institutional 0.00 0.00 0.00% FBN Nigeria Eurobond (USD) Fund - Retail 123.87 123.87 2.81% FBN Smart Beta Equity Fund 146.81 148.71 -2.89% FCMB ASSET MANAGEMENT LIMITED fcmbamhelpdesk@fcmb.com Web: www.fcmbassetmanagement.com; Tel: +234 1 462 2596 Fund Name Bid Price Offer Price Yield / T-Rtn Legacy Money Market Fund 1.00 1.00 1.37% Legacy Debt Fund 3.90 3.90 0.90% Legacy Equity Fund 1.52 1.56 -0.02% Legacy USD Bond Fund 1.53 1.15 17.73% 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 FSDH Treasury Bills 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 0.98% Nigeria Entertainment Fund 127.10 127.63 17.97% 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 N/A N/A N/A 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 1.82% Vantage Balanced Fund 2.67 2.73 16.47% Vantage Guaranteed Income Fund 1.00 1.00 4.50% Kedari Investment Fund (KIF) 153.06 153.43 -1.54% Vantage Dollar Fund (VDF) - June Year End 1.08 1.08 5.17% 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 1.35 1.37 -1.38% Lotus Halal Fixed Income Fund 1,143.21 1,143.21 1.76% MERISTEM WEALTH MANAGEMENT LTD info@meristemwealth.com Web: http://www.meristemwealth.com/funds/ ; Tel: +234 1-4488260 Fund Name Bid Price Offer Price Yield / T-Rtn Meristem Equity Market Fund N/A N/A N/A Meristem Money Market Fund N/A N/A N/A 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 1.59 1.62 7.49% PACAM Fixed Income Fund 12.24 12.36 0.04% PACAM Money Market Fund 10.00 10.00 1.74% PACAM Equity Fund 1.53 1.55 -2.92% PACAM EuroBond Fund 109.58 112.29 0.16% 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 125.66 127.81 3.84% 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 1.01 1.01 3.31% 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 3,096.21 3,119.85 -3.74% Stanbic IBTC Bond Fund 227.24 227.24 1.06% Stanbic IBTC Ethical Fund 1.13 1.14 -3.81% Stanbic IBTC Guaranteed Investment Fund 297.76 297.76 1.05% Stanbic IBTC Iman Fund 207.21 209.81 -5.17% Stanbic IBTC Money Market Fund 100.00 100.00 1.84% Stanbic IBTC Nigerian Equity Fund 9,608.86 9,731.49 -8.50% Stanbic IBTC Dollar Fund (USD) 1.24 1.24 1.28% Stanbic IBTC Shariah Fixed Income Fund 112.79 112.79 1.54% UNITED CAPITAL ASSET MANAGEMENT LTD Web: www.unitedcapitalplcgroup.com; Tel: +234 803 306 2887 Fund Name Bid Price Offer Price Yield / T-Rtn United Capital Balanced Fund 1.31 1.33 -4.09% United Capital Bond Fund 1.91 1.91 1.23% United Capital Equity Fund 0.87 0.89 0.82% United Capital Money Market Fund 1.00 1.00 3.86% United Capital Eurobond Fund 118.64 118.64 1.33% United Capital Wealth for Women Fund 1.06 1.08 -2.25% United capital Sukuk Fund 1.02 1.02 2.44% 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 11.95 12.05 0.69% Zenith Ethical Fund 13.26 13.37 8.49% Zenith Income Fund 24.22 24.22 1.02% Zenith Money Market Fund 1.00 1.00 2.00%

REITS NAV Per Share

Yield / T-Rtn

121.90 52.85

0.96% 0.86%

Bid Price

Offer Price

Yield / T-Rtn

12.17 115.48 91.13

12.27 115.48 92.84

-7.91% -5.14% -8.29%

Fund Name 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 Money Market 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

3.73 5.28 16.40 1.00 18.63 177.74

3.77 5.36 16.50 1.00 18.83 179.74

-1.24% -7.16% 0.44% 0.42% -9.16% -19.54%

NAV Per Share

Yield / T-Rtn

107.40

13.11%

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.


LAWYER

A

WEEKLY PULLOUT

HON. OLABODE RHODES-VIVOUR JSC

AT 70, OLABODE RHODES- VIVOUR, JSC TAKES HIS LEAVE

23.03.2021


2/DASHBOARD

23.03.2021

LAWYER

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WEEKLY PULLOUT

23.03.2021

HON. OLABODE RHODES-VIVOUR JSC

Striking Out or Transferring an Action to the Appropriate Court PAGE 4

AT 70, OLABODE RHODES- VIVOUR, JSC TAKES HIS LEAVE

Nigeria-Born Canadian Lawyer Bags QC in Canada PAGE 5

QUOTABLES 'In Kaduna, everywhere, kidnapping.....Today, they kidnap 100 students, in the next 48 hours they are released; in the next 24 hours, 200 are kidnapped, in the next 10 hours they are released.... What is going on? Who is deceiving who?..... What are you telling Nigerians? That the security architecture is right?....We are playing games.' Ezenwo Nyesom Wike CON, GSSRS, POS, Lawyer, Life Bencher, Governor, Rivers State, Federal Republic of Nigeria

Okpeku Family Cries for Justice PAGE 5

‘People should understand. These people we are dealing with, are not ideologically inclined. They are not a group that is seeking either government recognition, or are not happy with the Government and want a new system. These are people who are driven, essentially by criminality.’ - Aminu Bello Masari, Governor, Katsina State, Federal Republic of Nigeria

Adegboruwa Raises Alarm About Health of American Lady in Police Custody PAGE 5


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23.03.2021

For Rt. Hon. ‘Icheoku’ Wase Where exactly should I start? Our dear country, Nigeria seems to be an ongoing Nollywood series plagued with new dramas each passing day. When I was a child, I used to find a particular television comedy series - "Icheoku" quite hilarious. It was set in the colonial era, somewhere in the Eastern part of Nigeria. The Judge was a British man (a very poor imitation of a British man I might add, from the nasty wig he adorned to look like a white man with silky hair, and his Ibo accent which sounded nothing like a British one), who required the assistance of a court interpreter to act as an intermediary between him and the locals, since he did not understand the lbo language and the natives did not understand English. The British Judge made use of a native man, who - I’m not sure whether it was that he had a limited understanding of the English language, or that he did it deliberately to intimidate and oppress the people, as well as for his own personal gain - but either way, he would misinterpret what the Judge said to the litigants and vice-versa, and the people would have no choice but to accept the harsh decisions despite their misgivings and objections. Like the present-day people of Nigeria, you would often hear the natives who were present in the courtroom during the proceedings, shouting in protest when the Interpreter conveyed ‘pronouncements’ of the Judge to the litigants. Whether it was a case of a little knowledge is a dangerous thing, or that of selfishness and a total of lack of concern for the plight of others on the part of the Interpreter, the litigants ended up being the losers! Nigerian Diaspora The Deputy Speaker of the House of Representatives, Hon. Ahmed Wase, reminded me of the Interpreter in Icheoku - nonchalant about the displaced people of Benue State who have suffered so badly as a result of the farmer/herder crisis - when he ignorantly blurted out that Nigerians in the diaspora have no right to bring a petition before the House of Representatives (on this or any other issue I would imagine), because they do not live here and do not know what is happening here! That is the most absurd and embarrassing statement I have heard lately, and it is worse coming from a supposed law maker who should obviously know better. If they are not relevant to the scheme of things in Nigeria, why did this administration establish the Nigerians in Diaspora Commission, headed by Hon. Abike Dabiri? Does Hon. Wase not know that being in the diaspora simply means that though these Nigerians reside outside the country, they very much identify with Nigeria? Don’t the Nigerians abroad have families here? According to Nairametrics, between January and November 2019, Nigerian diaspora direct remittances amounted to a whopping $17.5 billion! Could it be that Hon. Wase is suffering from such a level of benightedness akin to that of the Interpreter (assuming that the Interpreter only had a limited grasp of the English language and therefore, was unable to understand let alone interpret accurately), or that he cares more about the interests and reputation of the Federal Government than the misfortunes of those who have been displaced in Benue State and unable to return to their ancestral land (in this case, a deliberate attempt by the Interpreter to pursue his own interests, over and above that of the people)? Either way, such level of unconcern, cluelessness and gormlessness displayed by such a high ranking elected representative of the people and decision maker, can spell nothing but doom for Nigeria. Do Hon. Wase and many like him, even understand their role as members of the National Assembly, especially their oversight functions? To decide that Nigerians in the diaspora do not know what is going on here because

they are outside the country, is simply nothing short of being asinine, when we are all aware that aside from having relatives at home, the world has shrunk and become a global village because of technology. The sooner our Legislators realise their role - that they are the third arm of government, elected by the people as our representatives to protect our interests (See Sections 4, 88 & 89 of the of the 1999 Constitution of the Federal Republic of Nigeria (as amended in 2018) (the Constitution), a check and balance on the other arms of government, and not an extension, protector or stooge of the Executive, the better for all of us. Fundamental Rights For the avoidance of doubt, Section 25 of the Constitution (and other provisions too) clearly define who a Nigerian citizen is or can be, and nowhere in that provision does it mention that the rights of a citizen are limited or curtailed by the fact that such citizen resides outside the country. As far as I know, the Constitution does not even exclude Nigerians who reside outside the country from voting. It is just that, the absentee voting system has not been introduced here yet (unlike countries like America where people can vote from outside the country, and those within the country can even vote by post). Nigerians in the diaspora contribute to our GDP and foreign exchange earnings in no small measure through their remittances; and as much as this is very well acknowledged and appreciated by us all, it plays second fiddle to their fundamental rights as Nigerians guaranteed by Chapter IV of the Constitution, more particularly pertaining to this matter - their rights to freedom of thought, expression and association as provided by Sections 38(1), 39(1) & 40 of the Constitution respectively. In other words, it goes without saying that Nigerians in the diaspora have the right to petition if they so desire, whether or not their group is registered. See the case of Olufunmilayo Ransome-Kuti & 3 Ors v AGF, Chief of Army Staff & 7 Ors 1985 2 N.W.L.R. Part 6 Page 211 at 230 where the Apex Court held that a fundamental right is one “which stands above the ordinary laws of the land, and which are in fact, antecedent to the political society itself”. See also Imonikhe v AG Bendel State 1992 23 N.S.C.C. Part II Page 480 at 491 per Nnameka-Agu JSC where his Lordship stated thus: “Any act which infringes or runs contrary to those organic principles or systems (in the Constitution), is said to be unconstitutional”. Also see the case of R. Benkay (Nig) Ltd v Cadbury (Nig) Plc 2006 6 N.W.LR. Part 976 Page 338

Deputy Speaker of the House of Representatives, Hon. Ahmed Wase

at 385 per Ogunbiyi JCA (as she then was) defining a constitutional right thus: “..... is that inherently provided and which cannot by any act or stretch or reasoning be taken away, without a constructive laid down legal due process of the law”. My advice is that all law makers should at least, bother to familiarise themselves with the Constitution which is the grundnorm, before they publicly disgrace themselves with outlandish utterances. Firearms Amendment Bill 2021 As for the Firearms Amendment Bill 2021 aka Licence to kill Act (LKA), I have not had the benefit of reading the full text of it, only the snippets which were publicised. It is probably another knee-jerk, fire brigade response to the level of insecurity Nigerians are currently facing. At any rate, we already have the Firearms Act 2004 (FA) which is permissive enough, allowing those who are 18 and above to apply for a firearms licence (Sections 2 & 3 of the FA), though Section 7(2) provides that an applicant must have a cogent reason for wanting to own a firearm. In fact, I was taken aback when I discovered that Section 7(2))(a) of the FA allows a 17 year old to obtain a gun licence or permit, even though a 17 year old is not eligible to vote! It could be that one of the main differences between the FA and LKA, is that the need to give a cogent reason to own a firearm has been dispensed with, and self-defence may be the new omnibus condition which does not have to be proven specifically, instead - this will be revealed when we see the full text of the LKA, In a country which has been declared to be the poverty capital of the world, where the level of insecurity and criminality is unprecedented, and part of the reason for this is poverty and desperation, what we need is gun control, not everybody being able to walk into Shoprite to buy a gun! Why would Hon. Adeogun, the sponsor of the LKA believe that the best way to fight the insecurity we are facing, is to arm angry, anguished people with gusto and relish? In a country such as ours, arming every adult with such ease would be a terrible idea. Sections 14(2)(b) and 17(3) (c) of the Constitution hold the Government responsible for the security, safety and welfare of Nigerians, not individuals, unlike the USA where the right to keep and bear arms is a constitutional right (2nd Amendment). Again, would individuals be licensed to carry AK 47s? Because, if they are only allowed to bear rifles and pistols, by the time the bearer of a rifle has shot once, 10 bandits would have shot 10 times each - 100 to 1! Invariably, other petty criminals will use such weapons against citizens to rob etc, because it is impossible to defend yourself with a manual firearm against an automatic one. In fact, it is a death wish to try to come up against a machine gun with a ‘shakabula’ - the chances of survival would be higher, if a victim hid under the bed to avoid the armed bandits and their more sophisticated firearms! Suggestions Why can’t many of our unemployed graduates who are willing to join the Forces, be trained and armed? As it is, Nigeria is faraway from fulling the UN recommended ratio of Police to citizens. Can they not be trained by outfits like the GSG 9 elite Police Tactical Unit of the German Police Force or the SWAT Team of USA? What are the Governors doing with their ‘secret’ Security Vote? Should they not have invested in the purchase of sophisticated drones, technology and equipment, especially to monitor all the schools in their various States, since they have become targets? With the deployment of such equipment, they would be aware of any impending attack before they take place, and will be better prepared to repel

“BABATUNDE FASHOLA GOT PRESIDENTIAL APPROVAL TO IMPORT WEAPONS FOR HIS STATE..... THESE ARE THE TYPES OF INITIATIVES WE WANT TO HEAR OF, NOT THE CONSTANT WHINING THAT GOVERNORS DO NOT HAVE CONTROL OVER THEIR STATE POLICE COMMISSIONERS. THEY HAVE CONTROL OVER THEIR SECURITY VOTE - LET THEM USE IT JUDICIOUSLY”

same because of foreknowledge. I would have imagined that by now, all roads, especially from places like Benue, Borno, Yobe, Niger, Kaduna and so on, would lead to countries like Israel. Government, both Federal and State, cannot just sit down twiddling their thumbs, while encouraging parents to continue to endanger their children’s lives by sending them to schools which are totally unsecured, making them sitting ducks and pawns in this horrible game. These are some of the issues that the National Assembly should be concentrating on and questioning the Governors about, instead of wasting time enacting useless laws. As Governor of Lagos State, Babatunde Fashola got Presidential approval to import weapons for his State, and they were then given to the Lagos State Command to utilise for the benefit of the people of Lagos. At the time, the crime rate reduced drastically. These are the types of initiatives we want to hear of, not the constant whining that Governors do not have control over their State Police Commissioners. They have control over their Security Vote - let them use it judiciously.


4/LAW REPORT

Striking Out or Transferring an Action to the Appropriate Court Facts The Appellant was an employee of the Respondents, until his dismissal from the service of the Respondents on 12th March 2009. He filed an action challenging his dismissal at the Federal High Court, Maiduguri Judicial Division. The suit was later transferred, to the Yola Judicial Division of the Federal High Court. Hearing commenced in the suit on 12th July, 2011 and as at this time, the Federal High Court had been divested of jurisdiction to entertain employment and labour related matters, by virtue of an amendment to the Constitution of the Federal Republic of Nigeria, 1999. By the Third Alteration Act 2010, Section 254(c)(1)(a) vested the National Industrial Court with exclusive jurisdiction over all matters relating to employment and labour. The Third Alteration Act, 2010 took effect from 4th March, 2011. The trial court however, continued hearing of the suit, and eventually dismissed the claims of the Appellant. The Appellant filed an appeal, at the Court of Appeal. At the hearing of the appeal, the appellate court, suo motu, raised the issue of jurisdiction of the Federal High Court to entertain the suit, and invited the parties to address it. After hearing the arguments of counsel for the parties, the court delivered its judgement in which it struck out the proceedings and judgement of the Federal High Court, and the appeal that emanated therefrom, on the ground that the trial court wrongly assumed jurisdiction to determine the suit. Aggrieved, the Appellant appealed to the Supreme Court. Issue for Determination In its determination of the appeal, the Supreme Court considered the following sole issue: Whether having regard to the provisions of Section 22(2) of the Federal High Court Act Cap. F12 Vol. 6 LFN 2004 and Section 15 of the Court of Appeal Act Cap C36, Vol. 4 LFN 2004, the Court of Appeal was right in striking out the Appellant’s suit, after holding that the trial court had no jurisdiction to entertain the suit. Arguments Counsel for the Appellant argued that by Section 22(2) of the Federal High Court Act, the Federal High Court is empowered to transfer any matter it discovers it has no jurisdiction to entertain, to another court of competent jurisdiction. He submitted that had the issue of jurisdiction been raised at the trial court, the court would have legitimately transferred the suit to the National Industrial Court by virtue of the provision of Section 24(3) of the National Industrial Court Act. He relied on the case of ASSOCIATED DISCOUNT HOUSES LTD v AMALGAMATED TRUSTEES LIMITED (2006) 10 NWLR (Pt. 989) 635 at 649, Par. A-H. Counsel submitted further that, having found out that the trial court had been divested of jurisdiction by the 3rd Alteration Act, the lower court ought to have invoked its powers under Section 15 of the Court of Appeal Act and made an order transferring the suit to the National Industrial Court, to enable the parties ventilate their grievances and the case decided on the merit. In the Respondents’ joint Brief of Argument, counsel for the Respondents raised a Preliminary Objection to the competence of the issues raised in the Appellant’s ground of Appeal. The basis of the objection was that the said issues relating to the transfer of the suit, raised in the grounds of appeal and argued by the Appellant, were entirely new issues which were never canvassed before the trial court or the Court of Appeal. They contended that the Appellant ought to have sought the leave of court before raising the said issues, and since no leave was first sought and obtained, the Notice of Appeal as well as the grounds of appeal and issue raised therein, were all incompetent. In response to the arguments of counsel for the Appellant on the sole issue for determination, counsel for the Respondents submitted that where a court has no jurisdiction to try a matter, the only order it can make is one striking out the suit, and not an order of transfer. He relied on FASAKIN FOODS NIG. LTD v SHOSANYA (2006) 10 NWLR (Pt. 987) 126 at 147 – 148 PAR. H-A. By his position, there was nothing for the Court of Appeal to transfer, and the Court of Appeal was right to have declared the proceedings before the Federal High Court, Yola a nullity and struck the same out since it was conducted without jurisdiction. Replying to the Respondents’ Preliminary Objection, counsel for the Appellant submitted the issue of transfer of the suit was thoroughly canvassed by the Appellant before the lower court, and determined by the court. He argued that the grounds of Appeal and the sole issue formulated from same, came about as a result of the issue being raised suo motu by the Court of Appeal on the jurisdiction of

Honourable John Inyang Okoro, JSC

In the Supreme Court of Nigeria Holden at Abuja On Friday, the 18th day of December, 2020

Before Their Lordships

Mary Ukaego Peter-Odili Olukayode Ariwoola Kudirat Motonmori Olatokunbo Kekere-Ekun John Inyang Okoro Chima Centus Nweze Justices, Supreme Court SC.535/2014 Between MUSA ISMAILA MAIGANA

And 1. INDUSTRIAL TRAINING FUND 2. INDUSTRIAL TRAINING FUND GOVERNING COUNCIL

APPELLANT

RESPONDENT

(Lead Judgement delivered by Honourable John Inyang Okoro, JSC)

the trial court to have entertained the matter, in view of the provision of Section 254(c)(1) of the 1999 Constitution. He contended that it was therefore, not a new issue that required the leave of court first sought and obtained.

“.....SECTION 24(3) OF THE NATIONAL INDUSTRIAL COURT ACT FORBIDS THE STRIKING OUT OF ITS MATTERS PENDING IN THE FEDERAL, STATES AND FEDERAL CAPITAL TERRITORY HIGH COURTS. RATHER, THAT SUCH MATTERS SHALL BE TRANSFERRED TO THE NATIONAL INDUSTRIAL COURT HAVING THE JURISDICTION TO TRY SAME”

Court’s Judgement and Rationale In resolving the Preliminary Objection raised by the Respondent and argued by respective counsel for the parties, the court reiterated the well settled position of law that a ground of appeal must challenge the ratio of the decision and must not be formulated in abstract, and in the same vein, issues for determination must arise from a competent ground of appeal. The Respondent’s grouse on the issue of transfer of the suit to the National Industrial Court which they alleged was never mentioned or ventilated at the Court of Appeal, was misconceived as the record of appeal showed that the said issue was raised suo motu by the learned Justices of the Court of Appeal, who called on both counsel to address the court on same. The Appellant also made extensive submissions on this issue and urged the court to invoke Section 15 of the Court of Appeal Act and transfer the suit to the National Industrial Court, in the event that it finds that the trial court lacked jurisdiction. The court held that it was evident that the refusal of the Court of Appeal to transfer the Appellant’s suit to the National Industrial Court was the substratum of the Appellant’s appeal before the Supreme Court; hence, the issue of transfer of the suit to the National Industrial Court cannot be said to be a new issue which required leave of court. The court thereby, overruled the Preliminary Objection. On the sole issue for determination, the Supreme Court held that by Section 22(3) of the Federal High Court Act and Order 49 Rule 5 of the applicable Federal High Court (Civil Procedure) Rules, 2009, where a suit over which the Federal High Court lacks jurisdiction is filed before it, the Federal High Court has the power to transfer the suit to either the State High Court or the High Court of the Federal Capital Territory as the case may be. Although the said Sections did not mention National Industrial Court, this did not affect its applicability in respect of matters involving the National Industrial Court, because the Federal High Court Act was enacted long before the Third Alteration Act, 2010 which vested exclusive jurisdiction in the National Industrial Court, came into force. Apart from this, Section 24(3) of the National Industrial Court Act forbids the striking out of its matters pending in the Federal, States and Federal Capital Territory High Courts. Rather, that such matters shall be transferred to the National Industrial Court having the jurisdiction to try same. The court held that it was clear from the wordings of Section 24(3) of the National Industrial Court Act, that the intention of the legislature is to preserve suits pending before the various Federal and State High Courts prior to when the Third Alteration Act, 2010 was passed into law. Section 22(2) of the Federal High Court Act and Section 24(3) of the National Industrial Court Act aimed at avoiding a miscarriage of justice to a party who, after commencing an action before the Federal High Court or the High Court of a State or the Federal Capital Territory, would have his case thrown out after they were divested of jurisdiction to entertain the action. Furthermore, the provisions save a matter from being caught by the statute of limitation which may arise due to no fault of the Plaintiff, but as a result of an intervening event such as the amendment of the Constitution after commencing the action - ASSOCIATED DISCOUNT HOUSES LTD v AMALGAMATED TRUSTEES LIMITED (supra); GAFAR v THE GOVERNMENT OF KWARA STATE (2007) 4 NWLR (Pt. 1024) 375 and AMC v NPA (1987) 1 NWLR (Pt. 51) 475 at 504. The court held that inasmuch as the Court of Appeal was right that where a court lacks jurisdiction to try a matter, it has a duty to strike it out, it is also trite that that where the law provides that such a matter be transferred to a court which has jurisdiction, the court should apply the provision accordingly. The Apex Court held that the Court of Appeal ought to have invoked Section 15 of the Court of Appeal Act to transfer the suit to the National Industrial Court after holding that the Federal High Court lacked jurisdiction to entertain it, instead of striking it out. Appeal Allowed. Appellant’s suit restored and transferred to the National Industrial Court. Representation Chief L.D. Daniel Nzadon with others for the Appellant. D.A. Machar Esq. for the Respondents. Reported by Optimum Publishers Limited, Publishers of the Nigerian Monthly Law Reports (NMLR)(An affiliate of Babalakin & Co.)


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NEWS/5

Nigeria-Born Canadian Lawyer Bags QC in Canada Stories by Steve Anya Foluke Oyedeji-Laosebikan, has been elevated to Queen’s Counsel in Saskatchewan, Canada. Foluke Oyedeji-Laosebikan is the proprietor of FLK Law Firm in Melfort, and presently the President of Law Society of Saskatchewan, Canada. In a statement, the Minister of Justice and Attorney- General for Saskatchewan, Gordon Wyant said: “I am pleased to recognise Dr. Laosebikan for her commitment to the legal community, and her dedication as the President of the Law Society of Saskatchewan.

Foluke Oyedeji-Laosebikan, QC

She is well-deserving of the Queen’s Counsel designation”.

Queen’s Counsel appointments are based on recommendations from a

Committee consisting of Saskatchewan’s Minister of Justice and Attorney/

General, the Chief Justice of the Court of Appeal for Saskatchewan or the Chief Justice of the Court of Queen’s Bench and the past Presidents of the Saskatchewan branch of the Canadian Bar Association and the Law Society of Saskatchewan. Individuals must live in Saskatchewan, Canada and must have practiced law for at least 10 years in the superior courts of any province or territory of Canada, the United Kingdom or Ireland. Laosebikan started practicing in Canada in 2011. 6KH ÀQLVKHG KHU VHFRQGDU\ school from Moremi High School, Obafemi Awolowo

University, Ile-Ife in Nigeria. She obtained LLB, LLM and PhD degrees in Nigeria and South African universities. She was also a Professor for a period of time in South Africa, prior to moving to Melfort in 2004. Responding to her achievements, Laosebikan said “I hope to be able to contribute to moving the Law Society of Saskatchewan forward, and continue to make sure everyone has access to justice these coming years, as well as to always be innovative, listening and adapting so that the work that we do is relevant and practical”.

Okpeku Family Cries for Justice The Okpeku Family has called on the Government and law enforcement agencies, to thoroughly investigate the mysterious death of their son, Uhiosanobua Emmanuel Okpeku at the National Maritime University, Okerenkoko Delta State. The University authorities has claimed in a press statement issued on March 12, 2021, that Uhiosanobua Emmanuel Okpeku, a promising 20-year-old Nigerian died on 7th March, 2021 after falling ill while in the custody of the NMU. In the press release signed by the Registrar of the NMU, Dr. Alfred Mulade, the NMU inferred that Uhi was diagnosed with Covid-19 symptoms, and that they followed Covid-19 protocols in responding to the situation until the eventual death of our beloved Uhi. The family of the deceased however, refuted the claim, and pointed out that facts show that the hierarchy of the NMU acted negligently in responding to the medical situation reported by Uhi. The Okpeku family in a press statement stated that :1. Uhi fell ill on 28th February, 2021 and visited the MNU Health Centre on the 1st of March. He returned on the 2nd of March as he was not feeling any better, and was in very bad shape. He was therein admitted. His family was not aware until 3rd of March, 2021, when his uncle, Ose Okpeku who is resident in Lagos, made a random call to him during which he informed his uncle that he was at the Health Centre and in very bad shape, as he had been unable to eat and had attendant pains and fever. Questions posed by his uncle as to the symptoms he had and the treatment he had received and the answers by Uhi which were alarming, compelled Ose Okpeku to request to speak with the medical personnel on duty at the said time. The said medical personnel was unable to provide any sense of direction as to what

Late Emmanuel Okpeku

exactly was wrong with Uhi, and the treatment required. He however, mentioned to Ose Okpeku that Uhi displayed some symptoms of Covid -19 and that they were sending him to Central Hospital Warri for Covid-19 test. Realising that he was being sent unaccompanied on a two-hour boat ride, his uncle insisted that he ought to be accompanied by a medical personnel from the Health Centre. When the Health Centre was not forthcoming, his friend volunteered to go with him. If his friend had not so volunteered, Uhi would have had to make that 2-hour boat journey alone, in a very bad condition, both physically and psychologically. This we dare say, is against all known patient care protocol. 2. Contrary to NMU’s claim that arrangement was made for Uhi to go to Warri and land in the waiting hands of the Local Government Focal Person, it was a family member who provided the funds required to transport Uhi and his friend from the University Health Centre to Warri. Upon arriving Warri on 3rd March, 2021, the same Uhi

who was supposedly expected by the Local Government Focal Person could not be attended to at the Warri Central Hospital

as he was told that the unit had closed for the day, and so he and his friend had to stay at a hotel. A family member funded the bill as well, as we have the proof of transfer of funds. Uhi’s sample and that of his friend were taken on the 4th of March, and they were asked to leave. 3. The NMU asserted that Uhi and his friend abandoned the drugs that Uhi was given, at the jetty. This is not only ridiculous but beggars’ common sense, as NMU had none of its medical personnel in attendance. The absence of a medical personnel on this medical trip is even more disturbing considering the state Uhi was in physically, and otherwise having been seriously unwell and unable to eat for three days. 4. When the family made an assessment of the way things were looking, considering the little or no care he had received

thus far, and his overall physical condition, arrangements were made for Uhi to be taken to Stella Obasanjo Hospital, Benin where he was admitted and another Covid-19 test was conducted. The result had not come out as at 7th March, 2021 when Uhi passed on. 5. Contrary to the assertion of NMU, the family arranged for Uhi to be transferred to Benin, and paid all the medical bills at Stella Obasanjo Hospital. 6. With the sudden turn of events, the family requested for a post mortem examination to determine the cause of death, while the NMU made a press release on 12th March, 2021, same date Uhi was buried, claiming that he died from Covid-19 complications. 7. As at the time the NMU released the aforementioned press statement, the Covid-19 test results were not out. The family is shocked and

deeply saddened that such conclusion can be reached and broadcasted, in the absence of any medical support. 8. The Covid test result from Benin is now out, and it shows that Uhi did not contact Covid-19 as alleged by the NMU. The family has since been requesting for the result of the test from Central Hospital Warri, and against all known protocols was informed that the test result had been sent directly to a doctor at the NMU. 9.It is our candid belief that the management of NMU is playing games with the family and are orchestrating a grand plot to cover-up the circumstances that led to the avoidable death of Uhi, in a bid to avoid the legal consequences of their negligence and breach of duty of care in the way and manner Uhi’s illness was managed by the NMU.

Adegboruwa Raises Alarm About Health of American Lady in Police Custody Human Rights Activist, EbunOlu Adegboruwa, SAN has raised an alarm concerning the deteriorating health of anAmerican lady in Police custody, Kari Ann R’ouke. This is coming on the heels of the expectation that Kari Ann would be released from custody on March 19, 2021, XSRQ WKH IXOÀOPHQW RI DOO her bail conditions and the acceptance of her surety. In a press release in Lagos today, Adegboruwa stated that he is scared that something devastating may happen to Kari Ann, if she is not released forthwith. It would be recalled that Kari Ann was arrested by the Lagos State Police Command, in respect of the death of her friend that she met online and whom she left in good health at the time of her departure to the airport.

Autopsy report into the death has consistently shown that he died of cardiac trauma and heart related conditions, and that Kari Ann is not in any way connected with the death or suspected of any foul play in any manner whatsoever. Kari Ann has been in police custody since March 9, 2021, at SCID, Panti, Yaba, where she has lost about 23 pounds and VXͿHUHG ERXWV RI PDODULD DQG dysentery. She has a delicate health condition of severe anaemia, for which she is due for comprehensive medical treatment in America. On March 19, 2021, responsible sureties visited the SCID in Yaba, to sign all documents for the expected release of Kari Ann, with her Lawyers, who all spent hours at the Police department till late in the night, when they were later informed to go. Upon the

Chief Judge, Federal High Court, J.T. Tsoho

execution and perfection of the bail papers, Kari Ann was told to pack her belongings which she did, only to be told later on to go back into custody. It is on this basis that Adegboruwa has appealed to the

Lagos State Commissioner of Police, Mr. Hakeem Odumosu, WR XVH KLV JRRG R΀FHV WR GLUHFW the immediate release of Kari Ann, so that she can attend to her health urgently. Her international passport has already been seized by the Police, and a reputable church has volunteered to accommodate Kari Ann in Nigeria until such a time that the Police will be willing to allow her travel back to her home State in America. Adegboruwa is concerned that the Police are keeping Kari Ann in perpetual custody for well over one month, without any charge before any court of law. He stated further that in this period of the Coronavirus pandemic, it is not safe for any one of Kari Ann’s age with her underlying health condition, to be kept in Police custody for DQ LQGHÀQLWH SHULRG RI WLPH


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8/COVER

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At 70, Olabode RhodesThe Nigerian Judiciary has had its fair share of astute and sagacious Jurists, one of them being Honourable Justice Olabode Rhodes-Vivour CFR who retired from the Supreme Court yesterday, March 22nd, 2021, having attained the mandatory retirement age of 70. Chief Wole Olanipekun, SAN, Chief Judge of Borno State, Hon. Justice Kashim Zannah, Dr Onyechi Ikpeazu, SAN and Alex Muoka eulogise this quintessential judicial titan, as they take us through the highlights of his illustrious career, from his humble beginnings as a Pupil Counsel at the Lagos State Ministry of Justice in 1976, to his appointment as a High Court Judge in February 1994, his elevation to the Court of Appeal in April 2005, his secondment by the Federal Government of Nigeria while he was still a Justice of the Court of Appeal to the Supreme Court of Sierra Leone in 2008, culminating in him reaching the pinnacle of the career of a Nigerian Judge on his appointment as a Justice of the Supreme Court of the Federal Republic of Nigeria on September 16, 2010. Certainly, Rhodes-Vivour, JSC will go down in the history of Nigeria for his landmark judgement in Ukeje v Ukeje, in which his Lordship declared as being unconstitutional, the patently repugnant Igbo custom of disinheriting a woman. We congratulate his Lordship on the attainment of his Platinum Anniversary, thank him for his service to our dear country, and wish him the very best as he begins a new chapter in his life of them - post judgement, and I usually gave him my candid opinion. Given the incumbency of our antecedents and relationship, I would describe the Honourable Justice Olabode RhodesVivour as a bosom friend, a brilliant Lawyer, a sound Judge qua Justice, a gentleman who knows himself; and a devoted father and husband.

What Manner of Man is Olabode Rhodes-Vivour, CFR, JSC? Chief Wole Olanipekun, OFR, SAN All men are bound by invisible strings. These strings, hard as iron and flexible like the wind, tie themselves around us from birth, and stay with us till our departure from this earthly plane. Jointly and severally, by virtue of their genetic fibre, they constitute a sedimentary accumulation of our experiences, beliefs, propulsions, ethos, pathos and quintessence; and within that structure, they nourish us, guide us, urge us on, caution us, but most of all, they form the pith, nucleus and character of our decision-making stratosphere. Either by providence or spiritual fixation, or even by coincidence or otherwise, people are bound to meet, associate, collaborate, relate, and, in the process, either become friends or acquaintances. Providential Fixation Thus, by what I would classify as providential fixation, I was a Law student at the Faculty of Law, University of Lagos, between 1972 and 1975; and, at the same time, by the same sequence of divine gesticulation, a tall, handsome and athletically built Olabode RhodesVivour was also conspicuously a Law student at the same Faculty of Law, but a year ahead of me, having entered the University in 1971. We were not just only in the same Faculty of Law, being taught by the same set of great and highly committed lecturers, but also in the same Hall of Residence, Mariere Hall - the great Baluba City, where we regularly met to socialise at the Hall’s quadrangle after lectures. He graduated from the Faculty in 1974, while I did in 1975. In other words, we have known ourselves intimately since our formative years. His Journey Over the years, we have sharpened each other’s intellect; initially, in the spirit of camaraderie, and subsequently, in the course of our pursuit and commitment to our mutual profession, Law, and administration of justice. While he took off as a State Counsel in the Lagos State Ministry of Justice and rose to

Hon. Olabode Rhodes-Vivour JSC

“...... I WOULD DESCRIBE THE HONOURABLE JUSTICE OLABODE RHODES-VIVOUR AS A BOSOM FRIEND, A BRILLIANT LAWYER, A SOUND JUDGE QUA JUSTICE, A GENTLEMAN WHO KNOWS HIMSELF; AND A DEVOTED FATHER AND HUSBAND”

become the Director of Public Prosecution (DPP), before his appointment as a Judge of the Lagos State High Court, I forayed into private legal practice, and have remained there ever since. I have always been fascinated by his rise and ascendancy on the Bench; from the High Court where he was appointed as a Judge on 18th February, 1994; through to the Court of Appeal where he became an appellate Justice on 25th April, 2005; and finally berthing at the Supreme Court, where he was sworn in as a Justice of the apex court on 16th September, 2010. He is due to retire from the highest court in the land on 25th March, 2021, at which time, he would have spent a cumulative period of 11 years at the pinnacle of Nigeria’s adjudicatory organogram. On numerous occasions, and in respect of very sensitive cases and causes, I appeared as counsel before Honourable Justice Bode Rhodes-Vivour as a Judge of the High Court of Lagos State, Justice of the Court of Appeal (particularly in Lagos and Abuja Judicial Divisions) and Justice of the Supreme Court. Arising from the foregoing, I bear eloquent testimony of his courteous approach to and relationship with counsel. Despite our close relationship and affinity, we never discussed or dialogued on any of the cases I handled before him in advance; but on a few occasions, we critiqued some

Congratulations As he descends from the Bench, nay, from public service, having spent 16 years as a Law Officer and 27 years in adjudication, we heartily congratulate him for a very robust and successful career; and rejoice with him that despite all the vicissitudes of life, particularly in a climate like ours which is beclouded by inclement weather, he is being pulled out with pomp and pageantry. Now, in retirement, he will have much time for his darling wife, loving children and beautiful grandchildren. I wish him well in retirement. Chief Wole Olanipekun, OFR, SAN, LL.D, FCIArb., FNIALS

Normalising Law and Justice: The Call of Olabode Rhodes-Vivour, JSC Hon. Justice Kashim Zannah Comfortable in his robes, as in his own skin. Not for him ungainly compositions as garments of gravitas. Take any judgement of the Hon. Justice Olabode Rhodes-Vivour, Justice of the Supreme Court of Nigeria, it is all about the law and justice, simply and clearly expounded, devoid of unhelpful cant. The judgements are spitting images of the Judge, unpretentious dignity and depth. A short and simple sentence from his lordship’s judgement brings clarity to obfuscated principles: “miscarriage of justice is all about failure on the part of the court to do justice”, explained His Lordship, thus, arming one to wade through the thicket of contrived failings and amplified slips, and determine if justice was done. AFOLABI & ORS v WESTERN STEEL WORKS LTD & ORS (2012) LPELR-9340(SC). Knowing him for only a short while, that is about twenty years ago, one cannot fail to be amazed at how personality and


COVER/9

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Vivour, JSC Takes His Leave pursuit cohere in him: the clarity in his judgements are the projections of an affable personality that at the same time, exude the dignity of his calling. Never appears dour and stiff, yet epitomises dignity. The dynamics of even a casual conversation with his Lordship, is a study in enigma. The natural aristocratic mien inexplicably works to immediately put one at ease, yet enables one to walk away with a few insights into whatever was the subject of conversation.

“AHEAD OF HIS TIME,

Our First Close Acquaintance The memory of my first close acquaintance with Justice Rhodes-Vivour, recurs frequently. I had the good fortune of being grouped along with His Lordship at a conference, to study a legal issue of concern. Each time he spoke, we saved about ten minutes, because he cut into the meat of the matter. So simply put were his insights, that even a simpleton could not have been left in uncertainty. Indeed, we completed our assignment first of all the groups and had the inadvertent reward of getting our orishi rishi freshest, having inevitably been first for the lunch break. The icing on our cake, was when the report went straight into the rapporteurs’ summary.

AND SWAG,....IT IS

A Consummate Judge The consummate Judge he is, I should have expected his verdict to cut another way one day. It did. When the late visionary Chief Justice of Nigeria, Hon Justice Dahiru Mustapha (may Allah shower his mercies on him) embarked on the task of charting an informed course of reform for the judiciary, leveraging technology to enhance the judiciary’s effectiveness and efficiency was an inescapable route. It was also necessary to avoid the pitfalls that bedevilled the technology deployment efforts of other judiciaries, principally that of disparate vendor-driven projects. Under the auspices of the National Judicial Council (NJC) emerged a Judicial Information Technology Policy Committee (JITPCO), to formulate and implement a comprehensive policy to seamlessly automate the superior courts. A Chairman with capacity and clout was needed, and the Hon. Justice Olabode Rhodes-Vivour was the obvious choice, and accordingly, appointed. His Lordship returned from, I was informed, an international engagement, the night before the inauguration and met the late Chief Justice. I still do not know what transpired at their meeting. But, at the inauguration ceremony, yours sincerely was ordered to take the seat of the Chairman, an order without any court to appeal to. Weeks later, I summoned the courage to seek explanation from Justice Rhodes-Vivour. I got it, short, simple and clear, just like the judgements. Not a word was uttered, just a look and a smile. Did I discern, or merely imagined the sternness? By carriage, style and diction, His lordship leaves no one in doubt, that “cases are not decided on emotions, sentiment, or some misguided consideration. Cases are won on pleaded facts, supported by compelling evidence." ADEKEYE & ORS v ADESINA & ORS (2010) LPELR-103(SC). A stickler for due process and evidence, but by no means beholden to crass legalism. The ink dripping from

JUSTICE RHODESVIVOUR’S MIEN, METHINKS, IS INNATE AND NOT CULTIVATED. IT’S THE PACKAGE. EFFORTLESSLY COMBINING SIMPLICITY DIFFICULT TO REFLECT ON HIS ILLUSTRIOUS CAREER WITHOUT SOME LYRICAL INTRUSIONS. OL’ BLUE EYES INTRUDES MINE, BECAUSE HIS LORDSHIP DID IT HIS WAY. UNPRETENTIOUS, YET PROFOUND” Hon. Olabode Rhodes-Vivour JSC and his wife, Doyin Rhodes-Vivour, SAN

His Lordship’s pen becomes corrosive, on contact with undue technicalities. Where there is a discretion to exercise, His Lordship leaves no doubt that it shall be exercised to further the course of justice, substantial justice, being a firm believer that “courts are constituted for the purpose of doing substantial justice between the parties, and in so doing, Rules of Court must always be interpreted to achieve that purpose.” ABUBAKAR & ORS v NASAMU & ORS (2011) LPELR-1831(SC). Yet, the aversion to technicalities stops where whim starts, “when no credible excuse is given, no indulgence can be granted. Affidavit evidence must show something which entitles the Applicants to the court’s discretion” ADEGBOLA & ORS v IDOWU & ORS (2017) LPELR-42105(SC). The Hon Justice Olabode Rhodes-Vivour never minced words highlighting flaws in law and procedure, by translation into the practical realities of our society: “Confessional Statements are most times beaten out of suspects, and the courts usually admit such statements as counsel and the accused are unable to prove that the statement was not made voluntarily. A fair trial presupposes that Police investigation of the crime for which the accused person stands trial, was transparent. In that regard, it is time for safeguards to be put in place to guarantee transparency. It is seriously recommended that confessional statements should only be taken from suspect if, and only if his counsel is present, or in the presence of a legal practitioner. Where this is not done, such a confessional statement should be rejected by the court.” OWHORUKE v COP SC.500/2012. His Lordship not only identified a real and felt dysfunction, but

went on to proffer the solution, transparency as a condition for the admissibility of confessional statements. Humanising Judges, justice systems and judicial processes is these days an endeavour in many parts of the civilised world, and many informed Judges steer towards that course. Ahead of his time, Justice Rhodes-Vivour’s mien, methinks, is innate and not cultivated. It’s the package. Effortlessly combining simplicity and swag, one often notices his attention being called by a simple “Bode”, instead of the usual Milord or Your Lordship. A personality that projects simplicity, an aura that awes not but elicits humane interaction, without detracting from the profundity of his thoughts and actions. ‘.....I did it my way.....’ As the Hon Justice Olabode RhodesVivour clocks 70 and bows out at the pinnacle of his profession, it is difficult to reflect on his illustrious career without some lyrical intrusions. Ol’ Blue Eyes intrudes mine, because His Lordship did it his way. Unpretentious, yet profound. Starting as a Pupil State Counsel in Lagos State, he traversed the justice system highway, reaching the critical post of Director of Public Prosecutions (DPP) before crossing over to the High Court Bench, and then passing through the Court of Appeal before ultimately arriving and sitting on two Supreme Court Benches, of Sierra Leone and Nigeria. Always stating his case with simplicity but certainty too, leaving behind profound footprints on the sands of justice, and more, much more than this, did it his way. Honourable Justice Kashim Zannah, Chief Judge, Borno State

Reminiscence on the Voyage and Chilling

Embrace of a Worthy Jurist’s Redundancy Onyechi Ikpeazu, SAN Why does it have to be that, in life, when there appears to be nearness to perfection or at least as near to that illusive concept as a mortal may attain, comes a resolution, an end; bringing to a crushing waste all that life experience, wisdom and knowledge seemingly acquired, simply to ascend with fury to the peak and then a creeping burst? Retirement, perhaps a fancy word to shroud the fact that owing to a mere effluxion of time, which is not justified by diminished capacity or responsibility, there must be a crushing halt to what would have been a glorious attainment at a time when the attained wisdom might be of considerable and immense benefit to the society. Our Initial Encounter I still remember it as if it were yesterday, the initial encounter I had with him. I met Hon. Justice Olabode Rhodes-Vivour in 1981 when I was part-coordinating a legal course on Legislative Drafting in the United States of America which was conducted by an organisation of Common Wealth and American distinguished legal draftsmen and women, then resident in the United States of America, known as Professional Consultants on Africa. The programme was both theoretical and practical. Our journey, which started in Chicago Illinois, took us to Washington cont'd on page 10


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DC, and eventually to Springfield Illinois. The course was largely attended by senior Lawyers in the Drafting Department of the National Assembly, as well as their counterparts from the Federal and State Ministries of Justice in Nigeria. As expected, there ought to be nothing elegant in a course in legal/legislative drafting and consequently, the class was constantly embroiled in monochromatic episodes of relevance of terms like “null and void and of no effect whatsoever” and Latin expressions in legal documents. One bloc which was dominated by Lawyers called to the Bar in the 1960s were of the constant view that law is a specialised discipline, and thus, eliminating such “words of art” from law and legal documents will amount to denuding the great profession of its elegance and the hallowed presence which set it apart from the reach and realm of the uninitiated. This bloc of whom I term traditionalists were even more alarmed when informed that some States in the United States of America had proscribed and imposed fines for the adoption of Latin terminologies in legal documents, with the determined objective of simplifying and encouraging the appreciation of legal documents. These innovations were largely considered heretical by these traditionalists and self-acclaimed guards of mystic tools, who tediously contended that it should not be transmitted to Nigeria, as eradication of such expressions would demystify the noble profession and ultimately pink-slip them from their precious and well-fortified ornamental castles. In all this, His Lordship, Hon. Justice Rhodes-Vivour found the most appropriate moments of the argy-bargy to make the entire exercise the target of lampoons which brought about the often needed comic reliefs, though temporary panacea to what might have been mere dispensable anxieties when faced with what law in a society really ought to attain. Beyond that pixies façade, however, lay a resolute and practical personage whose sterling character manifested in some of the climacteric decisions which have furthered the requisite social justice in the sometimes hard to define society called Nigeria. His Elevations Elevated to the exalted office of a Judge of a High Court in the Lagos State Judiciary in 1994 where he served creditably, he was also periodically engaged in National assignments one of which brought him to the often Cimmerian desert, also known as election dispute resolution in Anambra State. In that era, while many jurists at the conclusions were impaired in one way or another, his Lordship emerged unscathed, just like I had prayed, expected and advertised when I knew of his advent. It was, therefore, not surprising that so soon thereafter, his Lordship was elevated to the Court of Appeal in 2005, and thereafter, to the Apex Court in 2010. The purpose of law in a society might sometimes be indeterminate or incapable of homogeneous capture. A few objectives might aid in finding that unitary definition, if there must be one. Law in a society serves to keep peace in the society; to shape moral standard; promote social justice; facilitate orderly changes; provide basis for compromise; helps in facilitating a larger societal plan; resolving disputes and most of all protecting individual rights and liberties. It is perhaps, in this

“THE LONGER THE JURIST SPENDS IN SUCH ENDEAVOUR AT THE APEX LEVEL, THE MORE ALTRUISTIC AND CONSISTENT THE DECISIONS WILL EMERGE. THIS CONSISTENCY IN POLICY WILL INVARIABLY SPAN NUMEROUS ADMINISTRATIONS, AND THUS, FOSTER STABILITY IN THE GROWTH PROCESS”

Hon. Olabode Rhodes-Vivour JSC

last purpose of law that the legacy of Hon. Justice Bode Rhodes-Vivour may reign supreme, although reference could be made to multiple decisions especially in election and pre-election matters, where the leading decisions of his Lordship define the legal path. Mojekwu v Mojekwu By a community reading of the entire Section 42 of the Constitution of the Federal Republic of Nigeria 1999, a citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not by reason of that classification be subjected to disabilities, restrictions or advantages which other citizens are not made subject to, or enjoy. Further, no “…citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth.” By the provisions of the Interpretation Act, “his” as used equally applies to the feminine gender. On the firm strength that gender is a circumstance of birth, in the case of MOJEKWU v MOJEKWU 1997 7 N.W.L.R. Part 283 Page 1, upon an alleged failure of a male issue in his uncle’s home (he had females), the Appellant claimed that he had inherited his uncle’s landed property under the Igbo custom of “Oli Ekpe”. The Court of Appeal was urged by the Respondents in that case to uphold the inheritance right of a woman, based on Section 42 of the 1999 Constitution. In so doing, his Lordship, Hon. Justice Niki Tobi (JCA) (as he then was) after upholding the lex situs which was the Onitsha custom which entitled women to inherit their father’s property, in a most graphic manner held thus: "We need not travel all the way to Beijing to know that some of our customs, including the Nnewi "Oli-ekpe" custom relied upon by the Appellant are not consistent with our civilised world in which we all live today, including the - Appellant. In my humble view, it is the monopoly of God to determine the sex of a baby and not the parents. Although the scientific world disagrees with this divine truth, I believe that God, the Creator of human being, is

also the final authority of who should be male and female. Accordingly, for a custom or customary law to discriminate against a particular sex, is to say the least, an affront on the Almighty God Himself. Let nobody do such a thing. On my part, I have no difficulty in holding that the "Oli-ekpe': custom of Nnewi, is repugnant to natural justice, equity and good conscience." Per TOBI, JCA (Pp. 28-35, paras. D-B) The Respondent at the Supreme Court in MOJEKWU v IWUCHUKWU 2004 11 N.W.L.R. Part 831 Page 196 apprehensive of what a patently conservative and male dominated Supreme Court might hold, elected to play safe and urged primarily the peculiar Onitsha custom which favoured the inheritance right of a woman, with the hope of preservation of the far-reaching pronouncement of Niki Tobi J.S.C. As was anticipated, the Supreme Court parried the nullification of the Igbo custom which disfavoured a woman from inheriting landed property, and did not pronounce on same. The Court, however, sustained the inheritance right of a woman based on the lex situs, being the Onitsha custom. In an equally watershed decision, the matter was frontally confronted by the Supreme Court ten years later in UKEJE v UKEJE 2014 11 N.W.L.R. Part 1418 384 in which Justice Rhodes-Vivour delivered the lead Judgement. In placing the matter beyond peradventure, his Lordship struck down the patently repugnant Igbo custom of disinheriting a woman as unconstitutional, and held thus: “No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth. No matter the circumstances of the birth of a female child, such a child is entitled to an inheritance from her late father's estate. Consequently, the Igbo customary law which disentitles a female child from partaking in the sharing of her deceased father's estate is in breach of Section 42 (1) and (2) of

the Constitution, a fundamental rights provision guaranteed to every Nigerian. The said discriminatory customary law is void, as it conflicts with Section 42(1) and (2) of the Constitution”. There are no doubt numerous frontiers to conquer in this complex society, which oftentimes reminds the discerning mind of the apt statement of the great African patriot who had this to say: Our world is not divided by race, colour, gender or religion. Our world is divided into wise people and fools. And fools divide themselves by race, colour, gender or religion. Adding the word “tribe” to that classification in our local parlance, certainly may not be out of place. Frontiers of segmentation based on tribe, race, gender or religion in democratic nations, were invariably conquered by the women and men who put pride and virtue over and above the external advantages of fame, rank and fortune. They are invariably aided and protected by the brave judex, especially those who conceive nothing to lose; who with their long and unblemished record can steer at the eye of the storm and refuse to blink. Retirement Age At this stage when the National Assembly is on the verge of taking a decision on whether to increase the retirement age of Judges and Justices by five years across the board, I reflect on the memoirs of a retired Supreme Court Justice. In his book titled “Justice Under the Shadow of the Almighty: My Life Sojourn to the Nigerian Supreme Court”, Hon. Justice James Ogebe opined that the reason for increasing the retirement age of Supreme Court Justices during the General Sani Abacha regime, was more clandestine than one based on rationality. cont'd on page 11


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According to him, Supreme Court Justices could not form a quorum to hear late Moshood Abiola’s bail case following his unilateral declaration of himself as the elected President of Nigeria, and rather than “…appoint new Justices who would then form a quorum to hear Abiola’s bail case, General Abacha decided to extend the retirement age of Justices from 65 years to 70 years, to continue to keep Abiola in legal limbo”. As frightening as this might be if it were true, perhaps, more petrifying is the retrospective thought of compelling retirement of Justices of the Supreme Court at 65 years when a Jurist at that stage and age, would have just settled down to the onerous demands of that revered and tectonic office. The Supreme Court is a policy Court, and one of the three arms of Government. Its role in establishing and sustaining consistent policies to guide the nation, is highly invaluable. Sustained policy demands consistency in the women and men charged with the responsibility of advancing the society through serene and relevant decisions that ought to steady the growth of a nation such as ours, which is inexplicably still trying to find its feet. The longer the jurist spends in such endeavour at the apex level, the more altruistic and consistent the decisions will emerge. This consistency in policy will invariably span numerous administrations, and thus, foster stability in the growth process. Where there is a genuine ascertainment and declaration of age by a jurist, a greater benefit will rest, not in sending a competent, trusted and tested jurist like Hon. Justice Rhodes-Vivour to redundancy and a never-ending vacation, when Fridays rather than being the best day of the week, will compete with Mondays and the other days of the week. Greater benefit will emerge if Justices who are still fit, are allowed to operate in an environment where they have access to Supreme Courtemployed competent research-oriented legal practitioners as both Clerks and Interns assigned to them, as is done in the United States and the United Kingdom. It will not amount to copying for the sake of it, but rather adopting that which has worked effectively for those countries. To His Lordship , I say, “congratulations on being forced to extend your weekends with five days, also called workdays; unless the National Assembly feels otherwise”. Dr Onyechi Ikpeazu OON, SAN, FCIArb

Hon. Olabode Rhodes-Vivour JSC

My Lord started his legal career as a Pupil State Counsel with the Lagos State Ministry of Justice. He rose through the ranks to Principal State Counsel in 1984, and in 1989 became Director of Legislative Drafting. Perhaps the best years of his life at the Ministry were between 1989 and 1994, when he held sway as the Director of Public Prosecutions at the Lagos State Ministry of Justice. He and his team were responsible for securing numerous convictions and putting away villainous felons.

“COMING FROM A Justice in his Blood: COSMOPOLITAN Tribute to Hon. Justice BACKGROUND, AND WITH Olabode Rhodes-Vivour GENERATIONS OF LEARNED JSC, CFR ANCESTORS (INCLUDING Alex Muoka A JUDGE FATHER), HON. My Lord the Hon. Justice Olabode Rhodes-Vivour JSC, CFR, attained, the JUSTICE BODE RHODESlandmark age of 70 years yesterday, Monday, the 22nd of March, 2021 and VIVOUR HAS JUSTICE (in accordance with the Constitution) will FLOWING IN HIS VEINS. THE retire from the Bench of the highest court of the land. He has earned his rest. IDEA THAT A CHILD SHOULD Born in Lagos on the 22nd of March, 1951, to Hon. Justice (Chief) Akinwunmi BE DISINHERITED SOLELY R.W. Rhodes-Vivour (who retired as a Judge of the Bendel State High Court) and Mrs. ON ACCOUNT OF SEX, MUST R.W.A. Rhodes-Vivour, Hon. Justice Bode HAVE BEEN REPUGNANT TO Rhodes-Vivour (as he is popularly called) has had an unbroken career in law from HIS SENSE OF JUSTICE AND 1976 – some 45 years of ‘hard intellectual EQUITY” labour’. He has, literally, ‘seen it all!

Our First Encounter My first encounter with My Lord did not occur until he had started his second (and perhaps more glorious) legal career – on the Bench. On the 18th of February, 1994, he was appointed a Judge of the High Court of Lagos State. He brought to the Bench, years of forensic advocacy skills, a deeply questing mind and a steely compass for justice. He also brought a ruggedly attractive visage and formidable physique – tall, athletic, with a stern look, deep piercing eyes and a gravelly voice. He dominated his courtroom. I had started out in practice in 1992, and in the mid-nineties, enjoyed appearing before him. Outside of court and his sober robes, he was quick witted, humorous, and charming. He was, easily, one of the well-loved (and respected) Judges on the Lagos High Court Bench. And, it was our earnest prayer then that he would reach the Supreme Court. On the 25th of April, 2005, our prayers were partially answered, and the journey to the Supreme Court began with his elevation to the Court of Appeal. Three years later, My Lord reached the Supreme Court Bench – in Sierra Leone! He was seconded by the Government of the Federal Republic of Nigeria to Sierra Leone, to serve the Judiciary there as a Justice of the Supreme Court of Sierra Leone for two years. Of course, our prayers intensified. My Lord Hon. Justice Bode Rhodes-Vivour served with distinction in Sierra-Leone, and proved his mettle at the Apex Court there. Upon his return to Nigeria, he was appointed as a Justice of the Supreme Court of Nigeria on the 16th of September, 2010. Ukeje v Ukeje In his ten and a half years at the Supreme Court, Hon. Justice Bode Rhodes-Vivour’s judicial industry has been prodigious. Of his numerous leading judgements, one that stands him out as a courageous change-maker was his lead judgement in the watershed case of Mrs Lois Chituru Ukeje and Another v Mrs. Gladys Ada Ukeje [2014] 38 WRN 1. In that case, the Supreme Court was invited to pronounce upon the Igbo custom

which disentitles a female child from inheriting the estate of her late father. In his lucid and very simple language, Hon. Justice Bode Rhodes-Vivour succinctly set out the facts of the case, the judgements of the two lower courts, the issues framed by the parties and the submissions of respective counsel. Having agreed with concurrent findings of the trial court and Court of Appeal that the Respondent was indeed, a daughter of the late L.O. Ukeje, Hon. Justice Bode Rhodes-Vivour went on to proclaim the law in the following clear terms: “Agreeing with the High Court, the Court of Appeal correctly found that the Igbo native law and custom which disentitles a female from inheriting in her late father's estate is void, as it conflicts with Section 39(1)(a) and (2) of the 1979 Constitution (as amended). Section 39(1)(a) and (2) of the 1979 Constitution are now contained in the 1999 Constitution as Section 42(1), (a), and (2) and state that: "42(1) A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person:(a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups places of origin, sex, religions or political opinions are made subject: or ...................... (2) No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth". He then declared with finality (in his characteristic no-nonsense gruff voice): “No matter the circumstances of the birth of a female child, such a child is entitled to an inheritance from her late father's estate. Consequently, the Igbo customary law which disentitles a female child from partaking, in the sharing of her deceased father's estate is in breach of Section 42(1) and (2) of the Constitution, a fundamental rights provision guaranteed to every Nigerian. The said discriminatory customary law is void, as it conflicts with Section 42(1) and (2) of the Constitution.” And the women rejoiced! As did all men of good conscience. It should not have come as a surprise, though. Coming from a cosmopolitan background, and with generations of learned ancestors (including a Judge father), Hon. Justice Bode Rhodes-Vivour has justice flowing in his veins. The idea that a child should be disinherited solely on account of sex, must have been repugnant to his sense of justice and equity. He could not brook it. As he retires after 45 years of active service to grateful State and Country, I join in wishing him a very well deserved rest. From what I know of him, though, I suspect that his agile and razor-sharp mind will not allow him to idle away. I see him consulting, writing and taking on special interest projects. I hope he will also make out time for family and friends, and enjoy his wife and companion of many years – Mrs. Doyin Rhodes-Vivour, SAN, Chartered Arbitrator – and their children and grand-children. My Noble Lord Justice – I bow before you in admiration. Alex Muoka, Esq, Former Chairman, NBA Lagos Branch


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State Police and Community Policing: The Urgency of Now (Part 2) Introduction Encore Last week, we commenced our discourse on this vexed and intriguing issue, regarding the desirability or otherwise of having State Police. I have personally crusaded for State Police, for over two decades. Today, we shall shed more light on it and take a critical look at the merits and demerits, the thesis, anti-thesis and the synthesis, of having State Police. I shall then give my firm conclusion, unapologetically, stating that having State Police and community policing must be achieved with the urgency of Now. SOME OPPONENTS OF STATE POLICE (continues) Dr. Samson S. Ameh, SAN, once added his voice to this debate, as follows: “We should maintain the Nigeria Police on the exclusive legislative list of the Constitution of the Federal Republic of Nigeria, 1999. The idea of having a State Police is a good one, but the time is not ripe for it yet. We should remember that Nigeria started as a British colony, indeed, a creation by a foreign power and thereby, any institution like the Nigeria Police which emphasises our image as a nation, as one country, should be encouraged for now”. Nella Andem-Rabana, SAN, forcefully argues that: “Unless Nigeria thinks through the necessary amendments/provisions to be made with regard to the following: (a) 2011 Constitution (as amended) (b) the Revenue Allocation Formula; and (c) infrastructure, and until it puts into effect those amendments for effective State policing, it may not be expedient to whimsically dismantle the existing Police structure. “The fact that the Nigeria Police Force is under the command of the IGP, an appointee of the President of the Federal Republic, means that all Commissioners of Police report directly to him, and have limited powers/authority to make on-the-spot or far reaching decisions and in maintaining and securing public safety and order. This is a constitutional matter, which must be expressly addressed in order to decentralise the Police Force. “Also of constitutional significance, are matters such as purchase of firearms, ammunition, explosives, banking, financial crimes, fingerprinting, identification and criminal records, all of which are on the Exclusive Legislative list in the 1999 Constitution (as amended). These matters should be put on the concurrent list to give States necessary and relevant powers to enable them prevent, investigate and prosecute such crimes independent of Federal Police. This would give the Federal Police the opportunity to concentrate on Federal crimes which would have by then been clearly determined such as, interstate, cross-border crimes and national security issues”. She argued that strengthening the Police to cope with current insecurity in the country, requires optimal professionalism. “The need for up-to-date technological and scientific expertise, robust and comprehensive criminal justice training especially in areas like psychology, forensic investigation, report writing, handwriting analysis, voice analysis, the purchase of hi-tech equipment, interrogation, negotiation, fingerprinting analysis, study of bomb composition and disposal, Cybercrime, deep sea diving etc, have to form part of the ongoing training program”, she argued powerfully. Yet, some others have argued that creation of State Police is simply an invitation to anarchy, because even if we create State, LG, clan, community or family Police, it is the same corrupt Nigerians and corrupted institutions they will manage. They remind us of the havoc Native Council and Emirate Police caused Nigerians, during colonial times and the First Republic. Chief John Ochoga noted that: “modern type policing began in London with the establishment of the Metropolitan Police by Sir Robert Peel in 1829, whereas the Nigeria Police Force started as a body to meet the British colonial needs. The Consular Guards was established in Lagos in 1861, and later by 1879 became the Hausa Constabulary, an armed Force. Subsequently, there was the Northern Nigerian Police (1886), Royal Niger Constabulary (1888), The Niger Coast Constabulary (1894) and The Southern Nigerian Police Force (1906). By 1906, three distinct Police Forces existed in Nigeria. And in 1930, they were amalgamated; thus, the present name of The Nigeria Police Force. “It is, therefore clear that, our colonial history produced our current policing status. We can therefore, not separate our political development from our Police Force”. Nigeria’s 1966 political experience of coups, counter-coups, civil war and military regimes have made our democracy “a learning process”, even at the age of 53 years. “In Northern Nigeria, opposing politicians and their Lawyers were detained at electoral/polling units, to ensure nomination forms and documents were not filled against the ruling NPC (Northern People’s Congress). Multi-party democracy was nothing but a big sham… The primordial nature of Nigeria, still makes State Police an idea whose time has not come. Our leaders are still emperors in pretentious democratic garbs”. This argument, from the reverse side of the coin is also very compelling. Now, let us see more. Merits and Advantages of State Police The following are considered by some schools of thought as the merits and advantages of establishing State Police and Community Police Forces in Nigeria: It will help curb the rising tide of insecurity, amongst other social vices in Nigeria. It will reduce the rate of unemployment, as more people would be recruited into the State Police in proportion to the population of each State. It will help check criminal activities

Inspector General of Police, Mohammed Adamu

and corruption within the Police Force and the society (Chief Chekwas Okorie as quoted by Bulus, 2012). It will curb the attitude of Policemen who hardly go to their States of origin to work, but go to other States which they consider lucrative to make money, even when they do not know the terrain of such States. State policing will prevent unwarranted attack, and imposition of Islam or other ideologies on some unwilling States. Having State Police will reduce the financial burden on the central Federal Government. It will help abate the ugly trend of kidnappings and militancy, in the Southern part of Nigeria. It is easier to operate close systems and shorter processes because of less loops, error percentage and you know your target (Mr Ekene Nwogbo as quoted in Kehinde, 2013). State Police will help institutionalise true Federalism, and localise/confine criminal activities to their areas of origin. Every State knows its peculiar problems and challenges, and how to adequately engage State Police will also help reduce corruption in the Police, because in community policing, every citizen knows the Police officer up to his pedigree and genealogy. Demerits and Disadvantages of State Police In spite of the compelling attractiveness of the merits and advantages of having State and Community Police, some schools of thought have equally pointed out the numerous demerits and disadvantages of establishing State Police in Nigeria. They argue that the system is susceptible to abuse by dictatorial

“YET, SOME OTHERS HAVE ARGUED THAT CREATION OF STATE POLICE IS SIMPLY AN INVITATION TO ANARCHY, BECAUSE EVEN IF WE CREATE STATE, LG, CLAN, COMMUNITY OR FAMILY POLICE, IT IS THE SAME CORRUPT NIGERIANS AND CORRUPTED INSTITUTIONS THEY WILL MANAGE”

State Governors, who wield enormous and overbearing influence over their subjects. They argue that having State Police is too costly and resource-consuming (Chief Parry Osayande, quoted by Bulus, 2012). State executives can use State Police to harass and intimidate political opponents. State Governors will surely abuse it to the detriment of their political opponents and opposition. State Police can lead to secession where one powerful Governor, considering his full control over fully armed security personnel and arms, would declare his own country (Nwachukwu, 2012). There is likelihood of conflict of jurisdiction between States, especially where the conflicting States are run by different political parties (Kehinde, 2013); The lack of uniformity in financing, may also pose a great challenge to the establishment of State Police Forces in Nigeria. Some States are financially stronger than others. Lesser paid Police officers in poorer States may get jealous of their better remunerated colleagues in richer States, and thus, lead to demoralisation and low input. Some Governors can be reckless by embezzling the money budgeted for same, and will not therefore finance it properly. It can lead to a diversion of criminals and criminality from one strong State with effective policing, to another weak State with poor community policing. State Policing will lead to anarchy and chaos, with no moderator appearing to be in control. It will enthrone tribalism, nepotism, cronyism and favouritism; There may be conflict of interest between the Federal Police Force, and that of States. Having State Police is not financially feasible (Ahmed, quoted in Nwogu, 2012). According to a Report released on 16th August, 2012, during President Goodluck Jonathan’s administration, by the Presidential Committee on Reorganisation of the Nigeria Police and the Forum of Former Inspectors-General of Police (IGPs), they warned that the institution of State Police in Nigeria will be a prelude to the disintegration of the country. Even former IGPs, that include Alhaji Muhammadu GamboJimeta, Alhaji Ibrahim Coomasie, Mr. Sunday Ehindero and Sir Mike Okiro, have since argued that the clamour for State Police was an invitation to anarchy, because it was not in the interest of the nation’s democracy. They argued that the most unreasonable thing for any administration to do at this time was to allow State Police, stressing that with the current ‘political climate in our country, a State Police would only be a tool in the hands of political leaders at the State level’. These, no doubt, are very strong reasons to discard with State Police. My Humble Submission However, notwithstanding this powerful line of thinking, it is my humble submission that the current ratio of 1:602 with which the Nigeria Police is operating, is grossly inadequate and far below the United Nation’s ratio. This, notwithstanding the fact that 20,000 Police officers have since been recruited to fill the yawnin gap. This is still a very far cry from the UN ratio of 222 Policemen to 100,000 people, or 1:400. With this, to meet up with the UN ratio, the Nigeria Police Force requires over 170,000 additional Police officers in the next five years. This is coupled with the ugly spectre that a large chunk of the officers and men of the NPF are attached privately to top elites, politicians, government officials, companies and money bags. Our argument for the desirability of State Police, is further strengthened by a disclosure by the then Inspector-General of Police, Mr Ibrahim Kpotum Idris, at a public hearing on Police reforms at the House of Representatives. He maintained that the Police would require N1.13 trillion annually, to effectively execute Police operations. He noted that the N560 billion recommended by the MD Yusuf-led Police Reform Committee in 2008, was a far cry from the current amount required to reposition the Police. He told the Committee that fuelling of Police vehicles alone annually, required an average of N26.9 billion, including maintenance costs of course, with spiral inflation, these figures have since gone up. With this frightening scenario, why should the Federal Government alone be saddled with policing matters? Conclusion There is the clear and urgent need to have State Police. It accords with common sense, modern trends and true Federalism. We could still have a Federal Police like the FBI, that deals with cross-border crimes, high profile crimes, treasonable, drugs and narcotics matters. Emerging criminal behaviours have necessitated the creation of State Police and Community Policing, to address the various needs of the Police, including proper funding and staff strength. State Police would also bring security closer to the people, while making the people part of the new security arrangement. Modern community policing, appears to be the in-thing nowadays. By the way, tell me the difference between State and Community Police, and Amotekun, Eastern Security Network. In any event, State Police is not going to be created for any particular person, as there would be laws to regulate its operations. We cannot, because of fear of the unknown, resist an idea whose time has come. Now is the time for State Police. It is the URGENCY OF NOW. THOUGHTS FOR THE WEEK “I am in favour of community policing, because it builds better working relationships with the communities”. (Vincent Frank) “The way you make communities safer and Police safer, is through community policing” (Tim Kaine)


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Quick Takes Adesina Calls for Stabilisation Mechanism

FACILITY TOUR

L- R: Chief Financial Officer, Lagos Free Zone (LFZ), Mr. Ashish Khemka; Chief Executive Officer, Dinesh Rathi; Governor of Lagos State, Babajide SanwoOlu and Manager, Business Development, LFZ, Mrs. Chinju Udora, during the visit of the Governor to the LFZ…recently

FG to End Electricity Subsidies by December 2021 Emmanuel Addeh in Abuja The federal government intends to end the current subsidy being paid on electricity by the end of the year, Special Adviser to President Muhammadu Buhari on Infrastructure, Mr. Ahmad Zakari, has said. He also said that following the recent intervention by the Central Bank of Nigeria (CBN), the government was expecting collections on electricity tariffs to hit N100 billion in the short to medium term, adding that the amount it pays monthly to subsidise the sector was gradually reducing. Speaking during a recent webinar organised by the Abuja Chamber of Commerce and Industry (AICC), Zakari, explained

ENERGY that the collection efficiency of the Distribution Companies (Discos), has significantly improved since the CBN started warehousing the funds. Zakari stated that the Buhariled administration was focused on moving from the traditional way of funding subsidies or using the liquidity in the sector to fund consumption, rather than using it to provide infrastructure that will ultimately lead to growth. He said the federal government recently got a nod from the World Bank to fund the distribution and rehabilitation of the sector to the tune of $500 million, which he said is a reflection of the donor community’s confidence in the reforms being carried out by the

administration. According to Zakari, the government at the centre was expecting to spend over the next 24 months, between $2.5 billion to $3 billion in the sector, adding that in less than a year, the power being wheeled by the Transmission Company of Nigeria (TCN) will exceed 7,000MW. “With this enhanced metering on the service-based tariff, we can see the Nigerian electricity supply industry generating over N100 billion in the near to midterm. This is very impressive. “The hypothesis that we have is that if you enhance payment discipline through metering the population, revenue will go up. We have proven that,” he stated. Zakari stated that the second hypothesis that the government

has was that if Discos are given incentives, they would be able to improve supply, explaining that the power being wheeled which is in the region of 4,900MW will soon be raised to 7,000MW. He explained that the government was of the firm belief that if the sector has the appropriate economics, it can get enough energy through to the people and migrate away from subsidies. He added: “We plan to eliminate subsidy by the end of the year. People will say if you eliminate subsidies, you will have poor people pay more. But our argument is that the only reason the power prices in Nigeria are high is because we don’t generate enough.

NNPCStreamlinesMeasurestoAchieve$10/blProductionCostTarget Peter Uzoho The Nigerian National Petroleum Corporation (NNPC) has taken a step further to achieve the $10 per barrel oil production cost benchmark with the development of the five-levelled Upstream Cost Efficiency Transformation Framework. The model developed by the National Petroleum Investment Management Services (NAPIMS), the upstream investment arm of the NNPC, detailed a-step-bystep method of driving down the unit operating cost in the oil exploration and production activity. The need to reduce the high oil production cost in the country has been on the front burner for a long time and was further reinforced by the devastating impact of the oil price collapse last year. The situation had prompted the NNPC to set the end of last

ENERGY quarter of this year as the time to achieve the $10 per barrel production cost benchmark. The General Manager, Joint Venture Operations, NAPIMS, Mrs. Martina Atuchi, said cost is currently affecting the operations of the oil and gas industry. Atuchi added that NAPIMS was acting on the mandate of the Minister of Petroleum Resources and the Group Managing Director of NNPC to find solution to the production cost challenge. She stated this while speaking on “Adjusting Operational Model to Reduce Cost and Optimise Value,” during a panel session at the just ended 2021 edition of the Society of Petroleum Engineers Olibiri Lecture Series and Energy Forum. The central theme of the lecture was “Operational Excellence and Portfolio Optimization, Way

forward for the Oil and Gas Industry Post COVID-19”. “We all know that cost is the greatest subject affecting our operations today, and we have identified the major cost drivers as HR cost, logistics, direct lifting cost which represents almost 70 per cent of the OPEX. “And we have been mandated by the Hon. Minister of Petroleum Resources to get down to UOC (Unit Operating Cost) of $10 per barrel. “And the GMD of NNPC directed NAPIMS to drive the national E&P investment to work with the industry players and be able to find the solution to this costs,” Atuchi said. According to her, the Upstream Cost Efficiency Transformation Framework developed by NAPIMS has five levels. She explained that the first level, which is the traditional, was the level with the lowest efficiency and highest cost, say-

ing, the transformational level was the level with the highest maturity and lowest in cost per barrel of oil. “The traditional level has to do mostly with companies that react to situations, not being very proactive. “We noticed that in reacting to situations, when there is low oil price, they go into reduction of lump sum contracts payments, renegotiation of contracts payments, and it was observed that the players within this level operate around $30 per barrel,” she explained. Atuchi further said the, “second level, which is the tactical level, represents silos operation model within the companies, noting that “when you operate in silos, you increase the operating cost. “Companies that operate within this particular level have their operating cost between $20 to $25 per barrel.”

The African Development Bank (AfDB) President, Dr. Akinwumi Adesina, has called for a quick and comprehensive plan for debt restructuring in Africa. Speaking at the launch of the African Development Bank’s 2021 edition of its annual African Economic Outlook recently, Adesina urged African governments to consider collectively establishing an African financial stabilisation mechanism, which would give Africa the fiscal space it needs to deal with debt. Africa’s collective debt now stands at 70 per cent of the continent’s gross domestic product (GDP). “It is high time that we set up a homegrown financial stability mechanism where we work together to mutualise our funds and ensure we avoid the spillover effects that come from global pandemics or any external shocks,” the head of Africa’s premier financial institution said. “We must start by making sure that we carry out the macroeconomic policy reforms and the fiscal policy reforms that we need to get done,” he said, adding that Africa “is not looking for a free pass. We are just looking for an equitable way in which Africa’s fiscal space gets dealt with.” The idea was backed by Joseph Stiglitz, who proposed an international debt framework. “That’s a question I’ve been very concerned with for a long time,” Stiglitz said.

ICD, Côte d’Ivoire Bank Seal Deal

The Islamic Corporation for the Development of the Private Sector (ICD), the private sector arm of the Islamic Development Bank (IsDB) Group, and Banque de l’Union - Côte d’Ivoire (the Bank or BDU-CI), a member of the BDM Group, have signed an agreement to finance private sector enterprises in Côte d’Ivoire. The CEO of ICD, Mr. Ayman Amin Sejiny and Managing Director of BDU-CI, Mr. Wélé Diallo, signed the €8 million Line of Financing agreement under the Commodity Murabaha Financing Structure & Wakala. A statement quoted Sejiny to have said: “The Line of Finance facility will be utilized by BDU-Côte d’Ivoire to support economic activities of eligible private sector businesses. “This facility intervenes in this difficult time due to the Covid-19 outbreak. We have no doubt that it will provide support to private sector businesses which have been affected by the Pandemic.” In his speech, Wélé praised, “the pro activeness of ICD in responding to their financing request during these challenging times and ensured that the facility will be extended to the eligible end beneficiaries.” ICD has extended Line of Financing facilities to several financial institutions in Sub Saharan countries for the development of the private sector. This LOF facility is among the first ones deployed by ICD in Côte d’Ivoire.

Berger Paints Appoints Director

Berger Paints Nigeria Plc has appointed a former staff member of International Finance Corporation (IFC), Mr. Victor Adeniji, as an independent non-executive director. The appointment became effective from February 16, 2021. In a similar vein, two of the company’s directors, Chief Musa Danjuma and Chief Nelson Nweke, would be retiring from the board effective from the 2021 Annual General Meeting (AGM), after their meritorious services. The Company Secretary and Legal Adviser, Berger Paints Nigeria Plc, Mr. Ayokunle Ayoko, said in a statement that Adeniji’s appointment would be ratified at the company’s AGM. “The board has approved the appointment, of Mr. Victor Olusegun Adeniji as an independent non-executive director effective February 16, 2021. Adeniji will be bringing on board, almost four decades of extensive financial services sector experience encompassing multilateral development finance, investment banking and asset management at top-flight institutions, most notably The World Bank/International Finance Corporation (IFC).”

“I expect to see a change in the role of brick-and-mortar banking establishments as adoption of digital banking platforms continues to increase” CEO, Union Bank, Emeka Emuwa


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Ajumogobia: Active Refineries Alone Won’t Guarantee Full Deregulation A former Minister of State for Petroleum Resources, Mr. Odein Ajumogobia, in this interview explains the conditions needed to guarantee an efficient deregulation of Nigeria’s downstream oil sector. His thoughts does not align with the position of the country’s organised labour that active refineries are exclusively needed to achieve deregulation. Chineme Okafor provides the excerpts:

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As I have said an effective and fully deregulated downstream sector is not dependent on the functioning refineries or refinery downtime alone. It encompasses the other issues that make the implementation of a downstream deregulation policy the challenge that I earlier alluded to, including oil market volatility and consequent petroleum products costs and pricing. Government must address these several other directly related matters in order to create a vibrant and competitive downstream. Functional refineries are only one small component in the entire scheme of a deregulated downstream, especially when talking of the existing old refineries with dated technology and without the advantageous economies of scale that the new Dangote refinery for example will have.

ou lead a resourceful team at the Nigeria Natural Resource Charter (NNRC) Expert Advisory Panel, what has your team said about Nigeria’s oil sector

in 2021? Indeed, I feel honoured to lead a team of oil sector experts, as Chairman of the Expert Advisory Panel of the Nigeria Natural Resource Charter (NNRC). NNRC was established in 2011. Its objective is to encourage necessary reforms in Nigeria’s extractive industry through its focus on the management of our non-renewable oil and gas resources, in a way that will generate economic growth, promote the welfare of the population and that is environmentally sustainable. To that end, the NNRC has been at the forefront of advocacy for the passage of the Petroleum Industry Bill (PIB), to provide a clear legal and regulatory framework that will offer clarity to prospective investors in Nigeria’s oil and gas sector. A competitive legal framework will undoubtedly stem disinvestment trends and attract new investment revenues. A transparent legal and fiscal regime is critical for such new investments to be made in the sector. Nigeria’s grossly underdeveloped gas infrastructure continues to stunt the growth of our power sector and the numerous industries that would be enabled to flourish and to create desperately needed jobs. Given the inevitable shift away from fossil fuels, we are also encouraging Nigeria to begin to prepare for a low carbon future. Another essential emphasis in NNRC’s advocacy is about sustainability in seeking to ensure that the government properly regulates the negative effects of extraction in relation to host communities and the environment. It is especially important in the light of the reducing focus on non-renewable energy resources, that the remediation of the environmental degradation that has taken place unabated in the Niger Delta, is prioritized and accelerated. A year ago, the COVID-19 pandemic began to mess up economies and sectors including the oil sector, how deep was this on Nigeria’s oil industry? The oil and gas sector was hit hard by the current COVID-19 pandemic. However, prior to the pandemic, we had for several years already witnessed a disinclination by existing and new players to make new investments in Nigeria, with the deferment of several significant oil and gas development projects. As governments battle to bring the pandemic under control, it appears that the performance of the energy investments of NOCs [National Oil Companies] listed on exchanges around the world have already lost significant value, while investments in renewables have begun to increase as investor funds have rallied along with them. This has put economies like ours that remain almost solely dependent on non-renewables for their economic survival, at severe risk. Nigeria consequently risks the real prospect of permanently stranded assets. Further delays in the passage of the PIB further attenuates Nigeria’s inability to attract the investments it needs to drive exploitation of its oil resources speedily, towards the goal of a more diversified economy. Crisis situations like the pandemic tests the ingenuity of nations and its managers. With regards to Nigeria’s oil industry, did you see that skill to protect and sustain the industry? I daresay the government’s long overdue announcement of a deregulated downstream was in response to the pandemic and the low oil price that resulted from low demand in the shrinking global economy. Thus, in March 2020, the government made policy pronouncements that demonstrated an understanding that it could not be business as usual and that there was an urgent need to develop the downstream sector and unleashing its potential. The deregulation policy, and the consideration by NNPC of management

Ajumogobia contracts towards ensuring the efficient running of the nation’s largely moribund refineries, are examples of initiatives towards a more productive and sustainable downstream sector. However, a rebound of the oil price seems to be testing government’s will to sustain the policy of liberalization. Perhaps a fallout of the pandemic, the government in 2020 announced an unclear downstream sector deregulation, how relevant was this? The federal government’s partial deregulation policy was a timely intervention. It appears to have been based on the government’s recognition of the benefits that could accrue to Nigerians, if the downstream sector was liberalised. NNRC has since provided a solid framework for implementing the policy to achieve a transparent, competitive, efficient, and sustainably liberalized downstream petroleum sector in Nigeria. This framework amongst other things, addresses the structural impediments to full deregulation. For example, it highlights legal impediments through the laws that support a price fixing regime; namely the Price Control and Petroleum Acts and the PPPRC Act. The announced proposed reform is further undermined by unavailability of foreign exchange at a uniform rate to all players. Currently NNPC as the sole importer of PMS has access to foreign exchange for the import of products at preferential exchange rates, giving it an unfair advantage over other petroleum product marketers even if they were to import in a liberalised environment. In such circumstances, prices would continue to be determined by NNPC. The NNRC framework was thus developed in support of government’s deregulation policy and in anticipation of the challenges that government would face in the event of the predictable rebound in oil prices that we have recently witnessed. We recognised that a decisive plan, carrying along all stakeholders and securing buy-in was what was needed before such a rebound in the price of a barrel of crude oil. Unfortunately, the current higher crude oil prices which are obviously pleasing to the treasury, have simultaneously put the government under immense pressure to revert to the pre-deregulation fixed pump price regime with its implied subsidy. With the government still controlling pump price, who absorbed the price shortfalls especially when there was no provision for subsidy in the budget? Typically, the differential between the price of petrol at the pump and the actual cost, is absorbed by the importer or marketer as the case may be. Where it is imported by any organisation other than NNPC, that differential is repaid by the government in the form of subsidy payments.

Let me briefly illustrate this by using current figures and prices. The current PPPRA pricing template shows the average gasoline price (FOB Rotterdam Barge) to be N169.22 per litre. That is already higher than our current pump price! To that must be added freight of N6.51 per litre; lighterage expenses, NPA and NIMASA dues, plus jetty and storage charges and financing costs - various sums ranging between 20 kobo and N4.81 per litre to produce an expected landing cost of N189.61. This is before adding wholesalers’ margins, administrative charges, transporters allowance; bridging fund (N7.51 per litre administered by the Petroleum Equalisation Fund) to ensure uniform prices of gasoline across the country; what is termed ‘marine transport average’ and retailers’ margin that together results in an expected retail price of between N209.61 and N212.61 per litre. Where NNPC incurs this high cost of importation without that predetermined budget, NNPC recoups the differential or “loss” through ‘under-recovery’, which is really a euphemism for a subsidy which it pays itself, before repatriating proceeds from the export and sale of crude oil to the Federation Account for distribution amongst the three tiers of government recognised by the constitution. What elements make a truly deregulated downstream oil sector because fuel queues at some point returned back on our streets? As the Minister of State for Petroleum Resources recently acknowledged, Nigeria’s downstream sector is not fully deregulated. Indeed, even what has been announced is a policy of partial deregulation. Still the minister and the government must be commended for it. The pronouncement was a first welcome step in a series of commitments and actions that need to be taken towards the implementation of a laudable policy. However, implementation requires much more than liberalisation of the pump price as is often thought. Even that requires the repeal of all price control laws and mechanisms. Current legislation gives the powers to set prices to different bodies. In addition, the downstream sector would need to be made open for all players to operate on a level playing field in terms of their access to petroleum products importation reception and transportation facilities, namely crude oil and petroleum products pipelines; access to foreign exchange at a uniform rate for all importers that I mentioned earlier. But on a structural infrastructure level it also includes expansions in port capacities to increase the scale of imports of fuel. Can an efficient deregulation happen without the refineries in place as organised labour see this as the main condition for them to support the exercise?

The PIB is back to the parliament for legislation, what chances does it have this time, or do you think it will be another wild goose chase? There appears to be an effective collaboration between the current ninth National Assembly and the Executive. This was absent in previous assemblies which were not as aligned. We have seen critical laws vital to strengthening the oil and gas industry passed in the life of the current National Assembly: the PSC Amendment Act to increase Nigeria’s stake in deep offshore explorations, the new CAMA to legislate and mandate beneficial ownership in divestment of Assets, update of the Finance Act to mention a few critical pieces of legislation. I am therefore optimistic that the PIB will similarly benefit from this welcome collaboration in the law-making process between the Legislature and the Executive that is required to sign a bill into law. Nigeria continues to lose ground to other hydrocarbon plays across the world, amidst the rapidly shrinking investment funds earmarked for non-renewable investments by oil companies. Therefore, the sooner the bill is passed the better. In the PIB, the host community interests are still quite contentious, we even witnessed a brawl at a public hearing on this, what could be done about this? Host community issues have always been predicated on the need for host communities to meaningfully participate in and benefit directly from the exploitation of resources to which they play host or are regarded as playing host in the case of offshore operations especially in shallow water. I believe that the framework in the current PIB is capable of addressing past host community neglect that gives rise to agitation and violence within host communities, through the fairly transparent process of participation that it stipulates. The purpose of a public hearing of a bill is to ensure stakeholder buy-in. That is sometimes contentious. However, the more difficult imperative of agreeing the principle of host community participation and the framework for it seems to have been agreed. All affected stakeholders must thereafter come to agreement on the detailed implementation through dialogue. Do you consider the current PIB progressive and reflective of today’s realities in the industry, especially with regards to attracting investments and assuring returns? Yes, I do believe it largely achieves this. I do however feel that the lack of focus on clean energy will have to be addressed. It is not sufficiently in the PIB. The NNRC’s recent work on the energy transition will be helpful to the government in considering the required policies towards embracing a low carbon transition as soon as possible. NNPC must seize the energy transition as a business opportunity to save itself as well as Nigeria from its unsustainable and dangerous oil dependence. To do so, NNPC must itself pursue deep structural reform to lead the way to diversify away from oil and invest in clean energies. To do this, NNPC must undertake critical reforms which focus on strengthening the governance of NNPC to position it as a credible actor in the energy transition in order to attract partners and investors.


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Ashade: Rising Oil Prices May Support External Reserves’ Accretion The Group Chief Executive Officer, United Capital Plc, Mr. PeterAshade, in this interview speaks about recently released data on the Nigerian economy as well as the performance of his organisation in the market. Ugo Aliogo provides the excerpts

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ith the recent data on the Nigerian economy, what is your view about the outlook for the economy? As observed in the latest GDP report by the NBS, showing a mild recovery in Q4-2020, the outlook for the economy is broadly positive in 2021. I believe that the low base effect of the 2020 economic contraction will support a fragile V-shaped recovery in 2021. Thus, there is an optimistic view about the sustained pace of recovery in the aggregate level of economic activities. While growth in Q1-2021 may be muted due to a high base effect of Q1-2020, the informed optimism feeds largely on potential more robust recovery in Q2 and Q3-2021 relative to the negative growth observed in the corresponding quarters of 2020. Specific to the non-oil sector, expectations are that there will be improved performance in the services sector, to be sustained as people become more confident to go about their daily activities. FGN’s move to acquire vaccines and its efforts to inoculate the population pan-Nigeria is laudable and may even spur growth quicker than expected. While it is anticipated that growth in the agricultural sector would build on the gains of 2020 as demand remains strong, and weather conditions improve, security and social-political crisis remains a significant concern for growth in the space. In the oil sector, recent rebound in oil price towards $70/b is clearly positive for domestic output level in 2021. Although cap agreement under the OPEC+ quota may limit growth, it is expected that OPEC+ will gradually return production to pre-pandemic levels following recent price gains and positive sentiments from increased rate of vaccinations which could spur demand for travel and consequently oil. Give or take, I expect the economy to rebound by 1.7 per cent to two per cent in 2021. There are concerns about national debts, especially in the light of upward review of the debt-to-GDP ratio, what’s your opinion on the questions of national debts and how best can Nigeria optimise its debt issues to make more meaningful impact on national growth and development? So, for me, debt is not essentially an issue; it all depends on the context. Countries in the west have debt-to-ratios well above 100 per cent, and there isn’t any imminent risk of default. The DMO has revised Nigeria’s threshold to 40 per cent. Debt to GDP ratio becomes an issue when your government’s fiscal revenue base starts to dwindle, as seen in Zambia and Argentina recently. The FGN, in the last five years, felt the best way to tackle its fiscal handicap and spur growth was to borrow more, as two recessions have hit the economy in five years. Regarding debt optimisation, the FGN’s oil revenue base has not been consistent due to external headwinds such as, the trade war and Covid-19, which halted demand. On the non-oil side, the government has looked to boost its revenue by hiking the VAT rate. We saw rapid increases in company income taxes (CIT) - these were on the rise but were halted last year due to the pandemic, so it isn’t for the lack of trying. The debt to revenue ratio in first half 2020 was around 44 per cent of the revised budget, slightly on the high side. It is way more efficient and productive when debt is reserved for capital and infrastructural or human development projects which will add growth in the medium-long run. Your results for 2020 was way better than pre-COVID-19 year, was it that Nigerian corporates are less susceptible to the negative impact of the pandemic? No! corporates cannot be separated in entirety from the rest of the economy. We operate in the same tough environment as other stakeholders. How does an FMCG or manufacturing firm keep costs down during a pandemic when there are FX shortages? For instance, if you look at the results of corporates submitted to the NSE, you will notice that performances are mixed. Operators in the ICT, healthcare and food processing sectors seemed to have had a good year compared

December 2020, our securities business was ranked among the top five stockbrokers in terms of value of equities traded on the Nigerian Stock Exchange. How did United Capital Plc navigate the tough terrain towards delivering solid performance in 2020? United Capital Plc is an integrated financial services group serving diverse client segments with bespoke solutions that address financial and investment needs. In preparation for the 2020 financial year as part of a three-year strategic planning cycle, we had begun prospecting key market segments that will present the greatest opportunities across all our businesses in the locations that we operate. We outlined clear action plans to pursue growth strategies within the domestic and international markets. Our organisation was also realigned to improve service delivery and be more responsive to our clients. The impressive financial results in 2020 validates the effectiveness of the planning process, strengthened execution capabilities, growing client patronage in the brand, and increasing stakeholders’ confidence in the strategic direction of the organisation. We strive to exceed client expectations across every interaction, and we see the current unprecedented environment as an opportunity to reinforce that commitment.

Asahde to those in the diversified household goods, breweries or oil and gas. For those of us in the financial services, the results are mixed. What we have done at United Capital is to take bold steps in a time of crisis leveraging our expertise in investment management while aggressively growing our volumes. Again, I like to note that United Capital is entering a high growth phase. We have implemented and executed our strategy fully and our result seemed to be better than we even expected. We have been religious about what we set out to achieve. Nigerian corporates are very susceptible to the impact of Covid-19, it just depends on the sector you look at. While sectors such as ICT, food processing, and healthcare have done well, others have not been so fortunate. The value of naira, exchange rate, inflation rate and monetary policy stability have been front issues in the market, what are your suggestions for achieving balance and growth? In response to rising inflation and in a bid to stabilise the currency market, I imagine that the CBN would begin to tighten its monetary policy stance at some point in 2021. So, on the exchange rate, I expect a potential convergence of FX rates when the CBN begins full intervention at the I&E window. Thankfully, rising oil prices may help to support accretion to the external reserves. As such, it is anticipated that the parallel market will appreciate from N470/$ towards the NAFEX rate which is around N410/$. So, to achieve a balance, the recommendation would be a well-coordinated policy framework that ensure rising price level is brought under control, to bring about a positive real interest environment that can spur investment and aggregate productivity. Again, to promote market stability, the CBN should guide markets to minimise market distortion. This improves longterm planning, reducing the risk of investing in our market. Moreover, it provides FPIs with clear guidance, which would help to reduce the capital and finance accounts dependency on dollar-inflows therefore, improving the exchange rate. The year 2020 witnessed an unprecedented decline in the yield environment and galloping inflation, how did United Capital manage to retain its huge clientele base in the face

negative real return? We remained committed to providing the best value proposition to all market segments while striving to exceed client expectations. Interestingly, we doubled our client base during the year amid the low yield environment resulting from technology-driven acquisition drive. Furthermore, our mutual funds grew to N162 billion in 2020 from N37.2 billion in 2019, and emerged as third largest in terms of value from 10th position as at 2019 among other business growth parameters. We have consistently delivered the best possible returns while adhering to a robust risk management policy to grow and preserve value of our clients’ investments. We will continue to create innovative solutions that address emerging needs and the growth achieved in 2020 reflects strong client confidence in the United Capital brand, providing stability even in times of uncertainty. From an issuing house and a Trusteeship business point of view, would you say the low yield environment was positive for your businesses? The low yield environment which prevailed through the year 2020 limited the availability of low-risk financial instruments providing significant real returns to investors. Notwithstanding, the low-yield situation was positive for debt issuances due to relatively lower cost of funds, thus presenting corporate issuers excellent opportunity for tapping the domestic debt market. Consequently, United Capital played a lead or joint role as Issuing House or Trustee, across several debt capital market transactions during the year. We always strive to navigate our operating environment towards achieving the best possible outcomes across all our businesses. The Nigerian stock market surged 50 per cent in 2020, how would you say this impacted on your performance? Our performance, especially growth recorded in our securities business, was certainly impacted positively, driven by increased interest in the Nigerian stock market, spikes in equities trading volumes, and improved client acquisition on our digital platform – InvestNow, and increased sensitisation activities across diverse media channels. By

United Capital Plc as a Group achieved impressive growth during the year 2020. Can you elucidate on how the businesses fared and any notable milestones? All our business recorded significant growth across key metrics amid other notable milestones. United Capital emerged top 3 Mutual Fund Manager from 10th position in 2019, with Funds Under Management valued over N160 billion from N37.2 billion in 2019. United Capital was ranked top 10 in terms of value of equities traded on the NSE surpassing our initial target of top 10 for the Securities Business with a 360-degree turnaround in Revenue and profitability contribution. Our Private Trust portfolio grew in leaps and bounds, deepening our retail market penetration and improving our Trusteeship Business sustainability. In addition, we concluded maiden United Capital N10billion 5-Year Series 1 Bond issuance, achieving 124 per cent subscription amid the COVID-19 pandemic, a first among issuing houses in Nigeria, reflecting investor confidence in the brand and strategic direction of the organisation. Furthermore, we surpassed N1 billion in terms of transaction value of investor assets processed on our flagship digital platform InvestNow from N0.5billion in 2019. Our client base doubled during the year, thanks to our technology driven Consumer Finance Business. Our Corporate Rating Improved to A- (Agusto) with a stable outlook. Furthermore, our affluent segment proposition grew into a sustainable business line and contributed significantly to income generated during the year. We also launched United Capital Sukuk Fund in December 2020 targeted at a growing segment of ethical investors, bringing our mutual funds to seven (7). I am pleased to inform all stakeholder groups that the year 2020 was positively eventful for United Capital Plc with notable milestones amid the tough operating environment worsened by the pandemic. What can we expect from United Capital Plc in 2021? We will continue to work with regulators towards deepening the Nigerian Capital Market and strengthening the broader financial system as the domestic economy continues the path to recovery in the year 2021. Clearly, the unprecedented environment has created new challenges and opportunities for us and our clients. Consequently, we will be investing in new competencies and forging strategic partnerships to improve our value proposition across all segments while also creating income buffers such as earnings on longer-term investments. We are unwavering in our commitment to all stakeholder groups and we expect all our businesses to remain profitable and competitive in the near term.


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Ikokwu: Women Vital to Nigeria’s Socio-economic Development The Chief Marketing Officer of OVH Energy, Lilian Ikokwu, in this interview on the back of the just celebrated International Women’s Day, stressed the need for more women to be encouraged to play active part in Nigeria’s socioeconomic development process in order to achieve the desired results. Ikokwu, also highlighted measures put in place by OVH Energy to give equal support to both genders in and outside the organisation, advising women especially the youths, to take their destiny in their hands. Peter Uzoho brings the excerpts:

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Nigeria, face varied challenges such as socio-cultural limitations, workplace inequalities, among others. How has OVH Energy as a private company contributed to reverse the situation? Yes, OVH Energy is very conscious about the gender balance in the workplace. Even though the percentage is still more skewed to men than women, the company has in place an equal gender employment policy that can see the ratio change as more competent women bring their ‘A’ game. The company‘s promotion at work is performance-based, thereby making sure that women can get to the very top of the organization if they put in their best. Both genders are celebrated and recognised across the usual national events such as Mother’s Day, Father’s Day, paternity and maternity leave, etc. We also have confidential and anonymous platforms to support any gender in reporting harassment or perceived biases of any kind.

o you think women in Nigeria are given enough opportunities to grow? Well, if opportunities are looked at in two ways: conducive environment, and freedom to grow, on the first, which is conducive environment, I would say not enough has been done across all sectors to enable women to fully participate. There are still many gender-biased roles not only pushed by men but also women. Secondly, on freedom to grow, I believe women in Nigeria, to a large extent, have less restrictions to speak up or go for what they want. In the end, the desire to grow is a personal decision and the force to drive it can only come from us. Shirley Chisholm, the first African- American Woman to be elected to US congress, said, and I quote: “If they don’t give you a seat at the table, bring your folding chair”. Women need to make the move and not always sit back and wait to be recommended or appointed. In summary, in Nigeria, we are not yet where we should be in terms of giving women the opportunities to grow but some progress has been made over the past few years. Women can grow more if we are more involved in creating the opportunities and taking the front seat in our empowerment. How would you describe the role of women in nation development in Nigeria? I believe in the quote from Hilary Clinton, which says: “When women participate in the economy, everyone benefits”. You see, women have an innate ability to multi-task and give full attention to all tasks to elicit desired result. The more women are included in nation development, the more efficient and effective that process is. I think that Nigeria will blossom economically and socially if we allow more women to participate. The reforms required need the women’s viewpoint to drive the changes we desperately need. A nation’s development needs the input of both competent men and women. The women should not be left out! Can you share some of the limiting gender stereotypes you have faced in your private sector career? The typical limiting gender stereotypes I have faced in my career is that, you are

Ikokwu seeing as being emotional. So a man can get upset at work and scold the team and/or protest about unsavory comments/situations, he is seen as a strong and objective leader. When a woman does the same, she is said to be emotional. This tends to keep women from voicing out objective criticisms and/ or speaking out when situations demand that they do. How were you able to overcome such limiting gender stereotypes?

I always tend to mentally step back and ask myself if what I want to voice out makes sense -is it constructive and does it add value? If it does, I do speak out sometimes with the passion it requires. Other times, I am more subtle so as not to step on egos. Women should never make themselves victims, rather find a balance that allows them preserve their mental health and own their voice. Women all over the world, including

What is your take on the rising cases of sexual harassment and other inhuman treatments melted out to women especially in corporate environment? How are such social malaise affecting the Nigerian society? Speaking from a corporate environment perspective, sexual harassment can only prevail if an organisation is not responsible enough to put in place platforms that would allow both genders to report and also impose strict sanctions for anyone found culpable. I believe it’s a lot easier to manage this within the corporate environment than in the wider society. Sexual harassment is becoming a pandemic in our society today and should be tackled quickly as it’s now escalating to more rape cases. Sexual harassment eats away at the victims’ mental health and will affect the society at large if not curtailed. What is your advice to young women out there? My advice to young ladies is for them to develop themselves through acquiring skills, education, etc. Don’t leave your growth in anyone’s hands. Demand more from yourself so you can demand more from the society. Don’t accept to be a victim, don’t dwell on gender biases but focus on your aspirations and dreams. You are in charge!

NIPOST, Capital Market Registrars Forge Stronger Corporate Relationship Oluchi Chibuzor The top echelon of the Nigerian Postal Services (NIPOST) recently met with the leadership of the Institute of Capital Market Registrars towards seeking stronger ties for corporate mutual benefits. The meeting, held in Lagos, recently, sought to rejuvenate the existing relationship especially in line with the challenges posed by technology to logistics operations across the world. Speaking at the event in Lagos, Postmaster General of the Federation and Chief Executive Officer, NIPOST, Dr. Ismail Adebayo Adewusi, said the meeting became germane in view of the need to breath more life into the utilisation of the NIPOST services by the capital market registrars.

Adewusi noted that there has been a decline in recent times, in the volume of documents from the capital market registrars adding that NIPOST remains the best option for the despatch of relevant documents generated by the capital market. He said: “There has been generally a decline in the volume of mails below expectations and with the advent of technology for ease of business, coupled with Government policies, the decline in the quantity of Capital Market mails is not unexpected. “It is therefore, pertinent to state that the few mails generated through this Market, should be treated with utmost care in order to remain competitive and relevant in the market.” A statement quoted the NIPOST boss to have said

his organisation was more interested in knowing the reason for the decline, noting that all issues involved were to be sorted for continued mutual benefits. He added: “The Nigerian Postal Service is reaching out to her Corporate Customers and partners to re-assure them of our commitment to providing quality and affordable service delivery. “We are here to engage with you to know what you want, how you want them and when you want them. Our responsibility is to serve you and your clients in order to reduce the cost of doing business.” Adewusi said the capital market registrars had in the past contributed immensely to the revenue generation capacity of NIPOST. Responding on behalf of the Institute of Capital

Market Registrars, its President/Chairman of Council of Institute of Capital Market Registrars, Mr. Seyi Owoturo, said the decline in the volumes of business from the capital market registrars is partly due to the impact of coronavirus saying the companies themselves have not found things easy since the disruption in the economic activities across the land. Owoturo, who was represented by Mrs. Catherine Nwosu, said, “NIPOST and the capital market registrars are like fish and water. We cannot deny ourselves. But then, covid-19 came and disrupted everything. And then you also have the impact of technology which has also affected the way business is carried out.”

Owoturo said the companies themselves are not finding things, noting that the impact of covid-19 and the advent of new technology had combined to change the ways things are done globally. “There was a time the only means of delivering documents was by NIPOST. But today, due to technology, people now use other means of delivering documents not even minding the risks of attendant losses,” he said. Others who spoke at the meeting agreed that there was a need for both parties to set up a committee to work out an agreement on the new way forward. They said this would ensure that in line with the new realities of technology and the society, both NIPOST and capital market registrar continue to be in business.

The NIPOST boss, in his closing remarks, assured that his organisation is already deep in its innovative diversifications adding that the NIPOST will not continue to rely on the old ways of doing business which he said are already going out of fashion. The General Manager, NIPOST BulkPost, Mr. Johnson Olakunle, while welcoming participants at the meeting, said the last time a Postmaster General of NIPOST attended a meeting with the registrars was in 2001. He thanked Adewusi for giving credence to the seriousness of NIPOST relationship with its stakeholders by leading his team to the meeting. At the meeting were officials of many capital market registrars and management staff of NIPOST.


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T H I S D AY ˾ TUESDAY MARCH 23, 2021

PROPERTY & ENVIRONMENT Nigeria Needs to Spend More on Infrastructure, Says Adegbite Bennett Oghifo

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inister of Mines and Steel Development, Arc. Olamilekan Adegbite has said that, as a developing country, Nigeria should increase spending on infrastructure, particularly in the construction of housing units for its growing population. The minister stated this at the second edition of the Concrete Ideas Webinar Series organised last week by Lafarge Africa. This edition focused on ‘Addressing the Root Cause of Building Collapse in Nigeria’. The first Concrete Ideas webinar series, held in October last year, had the theme: “Public-Private Partnership Approaches to Rapidly Upscaling Nigeria’s Economic Infrastructure,” professionals proffer credible solutions and implementable options to the nation’s infrastructure problems. Architect Adegbite, who was

Special Guest of Honour at the webinar, recalled that last year the National Economic Council approved the construction of 300,000 mass housing units in all the states of the federation and in the FCT. “The project, with an average of 10,000 homes per state, is expected to provide at least 1.5 million homes for Nigerian families. The industry, as a whole, should ensure that the global best practices are adhered to in the construction of these housing units to forestall the tragedy of building collapse,” the minister said. According to him, “The unacceptable frequency of building collapse has sadly led to loss of lives and property in Nigeria.” He said recent studies show that building collapse had become prevalent and that if deliberate measures were not adopted to curb the menace, it will have more devastating effect on the society. He said building collapse

in the country was caused essentially by negligence, like the use of substandard building materials, illegal conversion of existing buildings into other usage, inadequate primary site investigation, poor concrete mix ratio, inadequate structural analysis, lack of adherence to materials’ specification, none adherence to building code and design, and inadequate supervision by professionals, among others. He said the desire to cut cost, particularly in low budget projects, at the expense of quality breeds disaster. “Ultimately, the cost of collapse is greater than the cost that you were trying to save.” To avoid incidences of building collapse, he recommended that project owners should resist the temptation to cut corners, embark on accurate structural evaluation which starts from the land itself, engagement qualified professionals, use of standard building materials and

Minister of Interior, Ogbeni Rauf Aregbesola; and the Deputy Governor of Lagos State, Dr. Kadri Obafemi Hamzat at the official commissioning of modern aerial fire-fighting vehicle of the Federal Fire Service Zone F, Command, at Teslim Balogun Stadium… recently

routine structural maintenance and integrity tests. “This is particularly relevant to old buildings like in Lagos Island.” He also recommended executing proper preliminary site investigation, amongst others. He said another nagging problem was the issue of trained artisans in the building industry. “The problem, which we are trying to work against at the federal level, is that the procurement system in Nigeria precludes most of this level of workers from gaining access to projects, and what happens thereby is that they are only engaged in those low-end private projects where disaster occurs. The people that you have trained do not have access to the right projects where they can hone their skills and get better.” He urged the government to amend the procurement law to include this class of people for certain projects. “Right now, even for the smallest project, you can’t employ this class of people.” The was attended by reputable Thought Leaders, including Engr. Joseph Makoju, Chairman, Nigerian Cement Association, Michael Scharpf, Head, Sustainable Construction, LafargeHolcim, Mallam Farouk Salim, who is the Director General/Chief Executive Officer, Standards Organisation of Nigeria (SON), Dr. (Mrs.) Bola Onigbogi, President, Nigerian Council of Registered Insurance Brokers (NCRIB), Engr. Ali Alimasuya Rabiu, Council for the Regulation of Engineering in Nigeria, and Dr. Kehinde Babajide Oshifala, President, Nigerian Institution of Structural Engineers, Setting the tone for the discussion, the programme’s host and Country CEO of Lafarge Africa, Khaled El Dokani said the focus of the brainstorming session was how the public

and private sector can work together to address the root cause of building collapse in the country. “We are here to review the challenges, the causes and further proffer sustainable solution to eliminating the issue of building collapse in the country. It is an all-inclusive affair, building for the nation and building for the future generation.” He said Lafarge, as a group, was reinventing how the world builds, by shaping a world that is greener, smarter and that works for all. Our commitment to sustainability, which is at the core of our operation and strategy, resonates and as a leading building solution company, we believe in building the world that works for people and the planet.” The Director General, Standards Organisation of Nigeria (SON), recommended effective supervision of construction sites and sanctioning of erring practitioners. “I have not seen an engineer, a building or an individual punished for breaking the rules.” He said people have been known to increase a four storey building to 10 on the same foundation meant for the four storey, without consequences. The organisation, he said does periodic survey of building materials and regular enforcement in the areas where they have jurisdiction. “I’m sure you’re aware that for the past 10 years SON has been kept away from the Ports and most of the substandard building materials/goods “come in through the Ports, 85 per cent of them come through Lagos, and our people are forced to rely on Customs magnanimity to allow us into the Port if the suspect some items or we rely on certain intelligence which is not reliable all the time, and you have these young employees

of ours chasing containers on the street, trying to enforce something we should have been doing in the Ports.” He said about three weeks ago, SON shutdown some steel companies because their survey showed they were guilty of putting substandard products into the market, adding that they are being monitored closely. He lauded most manufacturers in Nigeria, including Lafarge for excellent products. “They don’t have issues. Our cable in this country is so well-respected, because of the monitoring we do with these local manufacturers; with the collaboration, people are now faking Nigerian cable. They go overseas, make a cable and label it made in Nigeria.” He said it was important to allow SON to do its duty at the Ports, particularly with the African Free Trade Agreement coming up, and “if government does not bring in scanners into the Ports, to make sure we can check products coming in, then we have a big problem coming ahead.” On insurance in the nation’s construction industry, Dr. (Mrs.) Bola Onigbogi, President, Nigerian Council of Registered Insurance Brokers (NCRIB) said it was imperative to embrace compulsory insurance in the construction industry as stipulated in the Insurance Act. She said a major problem is the enforcement of the mandatory insurance, adding that “NAICOM is really working round the clock concerning its implementation. As we all know, insurance is purely a risk mitigation device that reduces the liability of the insured, when a loss occurs. It may not prevent building collapse per se, but will reduce the liability at the aftermath of such collapse.”

Merciport Challenges Women to Seek Safer, Cleaner Energy Fadekemi Ajakaiye March is traditionally known as women’s month. In the last few weeks we have celebrated the International Women’s day, Women History Month and Mother’s Day amongst other events. Companies all over the world have used this opportunity to celebrate the brave industrious amazons in all spheres of life, blazing the trails and challenging the status quo. Merciport Energy adopted a unique approach. In this year’s International Women’s Day event, Merciport chose to shine the spotlight on particular group of women, women in the informal. These are women that can be considered as the backbone of their families and the economy at large. In a country where more than 70% of the population live on a subsistence income, Merciport felt it was necessary to include this large demographic in the celebrations of the month. According its founder and CEO, Mrs. Rita Adachukwu James; International Women’s

Day is not just about the Boardroom Amazons, it is also about the marketplace, trading stalls and home front Amazons. It’s about recognising all women and their enormous contributions to the nation’s economy. So for this year’s International Women’s Day, Merciport is bringing the Rural Woman to the International Stage, by recognising their economic role and challenging their status quo in the area of traditional methods of cooking. In an illustrious event held on the 17th of March, Merciport hosted over 120 rural women; traders, housewives, and farmers at its new LPG plant in Olulade in Ilorin, Kwara State. With the theme Challenging Tradition; Promoting a Safer, Cleaner Environment By Embracing LPG as A Cleaner Cooking Fuel. Merciport desired to bring to light the issues of health and safety and environmental degradation by enlightening rural women about the benefits of Gas (LPG) as a cleaner energy source for cooking.

As chairman of the occasion, Merciport invited the DPR Comptroller for Ilorin represented by Mr. Charles Okobowade; and other delegates from DPR to speak to the women in vernacular. Mr. Okobowade spoke extensively about the need to promote clean energy and safer cooking practices, showing the women that challenging traditional cooking methods not only promoted their health and wellbeing, but also resulted in cost and time savings for them. In line with the Minister of Petroleum’s declaration earlier this year, Merciport announced the Decade of Gas at this auspicious occasion and promptly gifted some of the women with Gas Cylinders to ensure that they could immediately begin to practicalise all that they had learned about Safer and Cleaner Environments. As outlined by the Founder and CEO, Mrs. Rita James, Merciport’s incursion into Gas was because of its desire to pursue Cleaner Energy alternatives for millions of Nigerians. The Corporate

Vision; to become a globally rated brand known for delivering dependable, cutting edge and sustainable energy services that powers economic production for businesses and everyday life has helped it to map out strategies in building inclusion in the

Energy industry within the country. Its Corporate Social Responsibility also aligns with the 2030 SDGs (Sustainable Developmental Goals, specifically addressing Goals 3,7,11 and 13. 3: Good Health and Wellbeing, 7: Affordable and Clean Energy, 11: Sustainable

Cities and Communities and 13: Climate Action). As a Company Merciport believes that the Future is Green, and that Energy should be safe for both the users and the environment and sustainable for future generations for development to be meaningful.

Representative of The Zonal Controller DPR Ilorin, Mr. Charles Okobowade; and another delegate from DPR Ilorin with some of the lucky women with their gifts of cylinders and cookers…recently


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T H I S D AY ˾ TUESDAY MARCH 23, 2021

PROPERTY & ENVIRONMENT

Buhari: FG Consults Professional Bodies in Formulation of Mineral Polices Bennett Oghifo

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resident Muhammadu Buhari has said his administration opted for homegrown solutions, in collaboration with professional bodies and associations, to arrive at its policies in the mineral and energy sectors. The president stated this at the opening ceremony of the 56th annual international conference and exhibition of the Nigerian Mining and Geosciences Society (NMGS), at the University of

Ibadan International Conference Center, Ibadan, Oyo State, recently. Conference theme is Responsible Exploration and Exploitation of Mineral Resources in a Secured Environment. President Buhari said his presence and association with the NMGS should be understood from the standpoint of his Administration’s commitment to inclusive engagement of all relevant stakeholders in the development of the country. “My Administration, since assumption of office, has reiterated the need to have the Nigerian professional

bodies engaged as partners in developing the Nigeria of our choice, where poverty and backwardness in all sphere of the Nigerian lives will be more of an exemption rather than the norm. This is because we believe as an administration, that no other persons will build a better nation for us than ourselves.” He said, “In shaping the policies and initiatives in these sectors, the administration had generously received massive technical support from the professional societies and associations making the policies indeed to

be homegrown solutions rather than those imposed on us. “The development of the Roadmap for the Mineral Sector would not have been possible without the active collaboration of the NMGS and its members who assisted in getting critical details of the Roadmap developed and the sustained implementation since it was launched. The Roadmap provided a clear pathway for the development of a robust, resilient and sustainable mineral sector of the economy that contributes meaningfully to the nation’s GDP

and most importantly provides jobs for the teeming army of the unemployed in the country. “The centrality of the development of the mineral and energy sectors in the rejigging of the nation’s economy had necessitated the roll-out of series of policy initiatives aimed at not only revamping the Nigerian economy but to ensure that the economic growth arising therefrom are inclusive and sustainable. “This means that we are not only interested in the macro-economic growth alone but in getting the growth to

be felt by the most vulnerable groups of our citizens, who are usually left behind by the conventional economic models.” The 30th President NMGS Engr. Obadiah Simon Nkom, expressed excitement with “the renewed vigour with which the governments in Nigeria at all levels are pursuing policies and programmes in the Mineral and Agricultural sectors. These two sectors have been globally acclaimed as huge job creators and can conveniently absorb more than 70 % of the vast army of the unemployed if fully developed.”

Lekki Developer Breaks LASBCA’s Stop-work Order for Building Code Violation Bennett Oghifo The Lagos State Building Control Agency (LASBCA) has said it would swoop on a building developer that flagrantly removed its stop-work seal on a site in Lekki for violation of the state’s building code. A senior official of LASBCA told THISDAY last week that the Director of Enforcement Unit would be briefed on the illegal resumption of work by the developer of house No. 12 Abimbola Okulaja Close,

Lekki Scheme I, Lagos to enable them determine the next line of action. Lagos State Government has very strict physical development codes that, unfortunately, are rarely enforced until there is tragic loss of innocent lives in some avoidable collapse of buildings in central Lagos. This was why a homeowner wrote a petition to LASBCA that their neighbour allegedly used their perimeter fence as the back wall of a structure he is erecting. Almost two

years after LASBCA served the new builder a violation notice and stop-work order, the developer has allegedly broken the seal to continue construction. The bewilderment homeowner whose perimeter fence is being used by the erring builder has urged the Lagos State governor to intervene and enforce the state’s building code. It all began in June 2018, when the owner of a building at Plot 13, Abimbola Okulaja

Close, Lekki Scheme I, Lagos noticed that the owner/ developer of a structure on Plot 12 next to them allegedly used their perimeter fence as the wall of a structure he is erecting and that the structure looked directly into their building because they violated statutory setback codes. Thus, on June 25, 2018, the owner of the existing building contacted its solicitor, Gbayode Somuyiwa & Co, which wrote a petition to the Lagos State Building Control Agency,

detailing the alleged violation, titled ‘Petition for Violation of Building Code and Planning Laws of Lagos State’ The petition addressed to the General Manager of LASBCA, said, “This petition is against the owner of a property being developed besides our client’s building at Plot 12, Abimbola Okulaja Close, Lekki Scheme I, Lagos, in fragrant abuse of the Building Code and all relevant laws of Lagos State. “The developer in absolute disregard of our client’s space

has erected a building overlooking our client’s building, built a structure attached to our client’s perimeter fence and this developer did not observe the prescribed setback from the border fence.” The petition said, “The infraction into our client’s space poses serious danger, security threat and invasion of our client’s privacy. It is utterly an unacceptable act to build a structure against a perimeter fence in a highbrow area like Lekki Scheme I.”

NIOB Presents Notebooks, School Bags to Survivor-pupils of Lagos Building Collapse Bennett Oghifo The Nigerian Institute of Building (NIOB) has donated notebooks and school bags to the pupils that survived when a five storey building at No 63, Massey Street, Ita-Faaji, Lagos Island, housing their school collapsed on March 13, 2019. The presentation was one of several events that took place simultaneously across the nation as NIOB marked the Builders’ Day 2021. The families of the more than 20 pupils, according to mothers that showed up at the two-year anniversary last week, have not been compensated by the developer of the unfortunate building neither has the Lagos State government contacted them. Addressing the families of

both the survivors and the dead, during the presentation of the notebooks and bags at the collapse site on the second Builders’ Day, the President of NIOB, Bldr. Kunle Awobodu said, “The building that collapsed at Ita-Faaji immediately Mr. Babajide Sanwo-Olu won the Lagos State gubernatorial election served as a challenge to the then incoming government on the rise in the spate of building collapse and the importance of addressing the building collapse menace dispassionately. “Meanwhile, the outcome of many investigations on collapsed buildings has identified inappropriate management of the building production process on sites as the major problem. The interwoven complex activities of building construction require expertise in their management.

The expert to handle this delicate process is the trained and certified Builder, who has been licensed by the Council of Registered Builders of Nigeria (CORBON).” Awobudu said, “Following the collapse of the five-storey building at Ita-Faaji, the loophole in the law and development process that had been severally exploited to promote quackery on building sites, in Lagos State in particular and Nigeria in general, was again identified by the panel of investigation. The Lagos State House of Assembly took steps to decisively block the loophole through a stakeholders’ public hearing on its physical planning and building control regulations which regulations were eventually signed by the Commissioner responsible for Physical Planning and Urban

UNILAG’s VC, Ogundipe, Wins €38,000 Global Biodiversity Grant Fadekemi Ajakaiye The Vice Chancellor of University of Lagos, Prof. Oluwatoyin Ogundipe, and another botanist, Dr. Temitope Onuminya, have won 2021 Global Biodiversity Information Facility (GBIF) grants. Mrs. Nonye Oguama, a Principal Assistant Registrar, Corporate Affairs of the institution, made the disclosure in a statement on Saturday in Lagos. According to Oguama, the awards are part of the 2021 Biodiversity Information for Development (BID) programme, funded by the European Union. Ogundipe, a Professor of Botany, won a national level grant of €38,000 for his project

proposal: “Implementation of the Biodiversity Information and Data System for Coastal Ecosystem in Nigeria.” Onuminya, on the other hand, won an institutional level grant of €18,850 for implementation of a BID project proposal: “Expanding the Visibility of the Lagos Herbarium through Digitisation and Mobilisation of Plant Specimen Data.” ”The university of Lagos is rejoicing with them (mentor and mentee) and wishes them successful implementation of their proposals,” Oguama said. The News Agency of Nigeria (NAN) reports the GBIF, an international organisation with Secretariat in Copenhagen, focuses on making scientific

data on biodiversity available through the internet. It provides human resources and technical infrastructure enabling publication of and access to large volumes of data gathered over centuries about the earth’s species.

Ogundipe

Development. “These steps birthed the 2019 physical planning and building control regulations of Lagos State.

One of the key parts of the regulations is the correct and unambiguous provision of Section 4, Subsection 2 of the 2019 Lagos State Building Control

Regulations which states: ‘The site execution of every building under construction shall be managed by a registered builder.’

The President of the Nigerian Institute of Building, Bldr. Kunle Awobodu presents the pupils that survived the building collapse at Ita-Faaji books and bags sponsored by the Nigerian Institute of Building during the 2nd Builders’ Day event at Massey Street, Lagos Island... recently

Celebrating British Science Week at Lagos Preparatory, Secondary School Bunmi Alegbeleye Each year, the British Science Association runs a ten-day celebration of science, technology, engineering, and maths called British Science Week. As a school that runs the British curriculum, Lagos Preparatory & Secondary School takes part in the events and activities to develop the skills of our students in these areas. In 2021, British Science Week took place at LPSS from 8th to 12th March, running with the theme of ‘Innovating for the Future’. But what exactly is the purpose of the British Science Week?

The Purpose The purpose of British Science Week is to encourage people of all ages to get involved in various scientific disciplines, such as science, technology, engineering, and mathematics – any STEM discipline. At LPSS, we focus on engaging our students to get involved in these scientific disciplines, as there is a real drive within the education system to encourage the development of future scientists. For example, Science has been at the forefront of the news this year like never before, and it has been pivotal in the development of our understand-

ing, tracking, and, ultimately, how we will tackle COVID-19. Involving our students at LPSS in British Science Week is a perfect way to give them a positive and hopeful outlook to learning and the future ahead. As science teachers, we understand the importance of British Science Week for the younger generations, and we love to see our students following their dreams and paving their way in the scientific community; whether it is in engineering, manufacturing, or technology, we are all part of the same scientific principles. -Mrs. Bunmi Alegbeleye is Head of Science, LPSS


T H I S D AY ˾ Ͱͱ˜ 2021

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BUSINESS/MONEYGUIDE

Elumelu: Entrepreneurship Key to Africa’s Sustainable Growth Dike Onwuamaeze The Founder of the Tony Elumelu Foundation (TEF), Mr. Tony O. Elumelu, has reiterated that equipping young people to succeed through entrepreneurship is one of the surest sustainable, dignified ways to create a path to prosperity for all in Africa. Elumelu stated clearly that the TEF believes in, “entrepreneurship as the solution to the very visible challenges that we see in Africa: forced migration, extremism, and political instability.” He made these comments in the 2020 Annual Letter (report) of the TEF, which was captioned “The Power of Entrepreneurship Amidst Uncertainty,” that showcased the achievements of the Foundation in supporting a growing and

dynamic entrepreneur ecosystem of one million Africans, expanding strategic partnerships to scale the existing TEF Entrepreneurship Programme to reach more small businesses across all 54 African countries and others to mitigate the effects of the pandemic and provide support for young entrepreneurs. These achievements also include the TEF’s €20 million partnership with the European Union and the Organisation of African and Caribbean States (OACPS) to support more than 2,500 women entrepreneurs: He said, “our goal is for more women to participate in economic development, realise their full potential and accelerate economic inclusion.” The founder of the TEF noted that entrepreneurship, not charity, would give Africans

the control and allow them to grow their talents, harness their drive and resilience as a continent. He said: “We wanted to change how Africa is perceived and how Africa grows by creating something that is transformative, scalable, inclusive, youth-focused and African-led. “Aid has a role, it has saved many lives, but it does not challenge the status quo. “Our Entrepreneurship Programme demonstrates that entrepreneurship is the singular most effective tool to creating jobs, opportunity, economic hope, stability, peace, sustained growth and poverty reduction. “In 2020, the world stopped, but we did not. When we launched the TEF in 2010, we did something new in Africa – we ‘democratised’ luck.

GTBank Plans Kenyan Acquisition Africa sub-region to avail steel manufacturers the opportunity to produce and export to different countries within the region. He added: “We want to also warn that any steel manufacturer caught circumventing quality assurance requirements will be prosecuted in line with the SON Act 14 of 2015. “We are giving this warning because the life of every Nigeria is important; any product that will destroy lives and property is not worthy to be in the Nigerian market.” The director general also stated that compliance to quality and standards would guarantee local and international patronage of Nigerian steel products. “I understand that the steel

manufacturers undermine one another through the production of substandard steel reinforcement bars under the name and code of rival firms and competitors. “Such act is not acceptable and it is to the detriment of the unsuspecting end-users who buy and use the products. “We also warn you to desist from tampering with any consignment put on hold by officials of the agency for suspected infractions during investigation and quality verifications, such acts by anyone in the steel or other sectors will attract the wrath of the law,” he warned. Salim also warned that the agency will stop at nothing to bring sanity to Nigeria’s steel sector as the federal government has been working tirelessly to support and expand the exportation of steel

products in order to improve the country’s foreign exchange earnings. “We are assuring genuine manufacturers of SON’s resilience and doggedness to protect local production from unfair competition. “We urge manufacturers to imbibe the culture of selfregulation and monitoring, it will help to prevent standards infractions,” Salim added. He recalled that the federal government through the Federal Ministry of Works and Housing and its Transportation counterpart recently directed SON to commence calibration of all axle load weighbridges in Nigeria as part of measures to protect the roads from excessive loads by cargo trucks and trailers.

Elumelu

MARKET INDICATORS MONEY AND CREDIT STATISTICS Money Supply (M3)

36,822,751.47

-- CBN Bills Held by Money Holding Sectors

3,476,121.25

Money Supply (M2)

33,346,630.22

-- Quasi Money

120,764,479.02

-- Narrow Money (M1)

12,582,151.19

---- Currency Outside Banks

2,002,026.89

---- Demand Deposits

10,580,124.31

Net Foreign Assets (NFA)

7,637,137.23

Net Domestic Assets(NDA)

29,185,614.24

-- Net Domestic Credit (NDC)

39,711,115.95

---- Credit to Government (Net)

SONOrdersRemovalofSubstandard Steel Products Dike Onwuamaeze The Director General of the Standards Organisation of Nigeria (SON), Mr. Farouk Salim, has ordered manufacturers and importers of steel products to evacuate fake and substandard steel products in Nigerian market and prepare themselves for harmonised steel standard across West Africa. Salim noted that the required Nigerian Industrial Standard (NIS) 117 must be adhered to because steel products are key materials used in building bridges and must pass the quality threshold to safeguard lives and property. He also revealed that steps were underway to harmonise

standards for steel production across West Africa sub-region to avail steel manufacturers the opportunity to produce and export to different countries within the region. He added: “We want to also warn that any steel manufacturer caught circumventing quality assurance requirements will be prosecuted in line with the SON Act 14 of 2015. “We are giving this warning because the life of every Nigeria is important; any product that will destroy lives and property is not worthy to be in the Nigerian market.” The director general also stated that compliance to quality and standards would guarantee local

and international patronage of Nigerian steel products. “I understand that the steel manufacturers undermine one another through the production of substandard steel reinforcement bars under the name and code of rival firms and competitors. “Such act is not acceptable and it is to the detriment of the unsuspecting end-users who buy and use the products. “We also warn you to desist from tampering with any consignment put on hold by officials of the agency for suspected infractions during investigation and quality verifications, such acts by anyone in the steel or other sectors will attract the wrath of the law,” he warned.

Intra-African Trade Fair Gets New Date The second Intra-African Trade Fair (IATF2021) is now set to take place from 8th to 14th December, 2021. According to a statement, the African Export-Import Bank (Afreximbank), the African Union (AU) and the Government of Rwanda decided to shift the date of the continental trade fair, which was previously scheduled to hold from 6th to 12th September, 2021, to allow for a broader roll-out of COVID-19 vaccines across the continent and ensure that the event is held under the most optimal health conditions. It explained that the decision was made at the extraordinary meeting of the IATF2021 Advisory Council held virtually.

The new date would enable organisers to take stock of all the latest safety precautions, allow for wider roll-out of COVID-19 vaccines and to put in place effective COVID-19 safety and prevention protocols. It quoted IATF2021 Advisory Council Chairman and former President of Nigeria, Chief Olusegun Obasanjo, to have said the new date would also give countries and businesses more time to prepare for IATF2021. “Our intent is that all participants garner the full benefits of the abundant networking, trade and investment opportunities that will arise at IATF2021. Despite the COVID-19 pandemic, there is a lot of enthusiasm for the

event. “The extra time given to preparatory activities and effective roll-out of COVID-19 vaccines will allow IATF2021 to be held under favourable conditions, giving more confidence to participating governments, exhibitors, buyers, conference delegates and other visitors,” Obasanjo added. “IATF2021 will bring together continental and global players to showcase and exhibit their goods and services, and explore business and investment opportunities enabled by the single market created by the African Continental Free Trade Agreement (AfCFTA) to accelerate Africa’s integration and industrialisation agenda,” he added.

(MILLION NAIRA)

JULY 2020

19,521,851.08

---- Memo: Credit to Govt. (Net) less FMA

0.00

---- Memo: Fed. and Mirror Accounts (FMA)

0.00

---- Credit to Private Sector (CPS)

-130,189,264.87

--Other Assets Net

3,472,017.70

Reserve Money (Base Money

13,421,827.07

--Currency in Circulation

2,395,917.03

--Banks Reserves --Special Intervention Reserves

11,025,910.04 317,234.17

˾ ÙßÜÍÏ ̋

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

˾ ÙØÏÞËÜã ÙÖÓÍã ËÞÏ ̋ ͯͱϱ

OPEC DAILY BASKET PRICE ˜ ͯͷ ͰͮͰͯ

The price of OPEC basket of thirteen crudes stood at $62.47 a barrel on Friday, compared with $64.79 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), Zafiro (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 ˾ Ͱͱ˜ ͰͮͰͯ

Afriland Properties Assures Shareholders of Improved Performance, Returns Goddy Egene The Managing Director of Afriland Properties Plc, Uzoamak Oshogwe, yesterday assured shareholders of better performance, saying the company was ploughing back most of its earnings to be able to generate more profits and deliver better returns. Speaking at the company’s 8th annual general meeting (AGM)

yesterday in Lagos, the MD said the company would continue to explore more ways to ensure that the business remains profitable. She said: “During the year under review, we commenced and completed the construction of some offices nationwide while significant progress was made on other non-proprietary projects and we have positioned your company to take advantage of government’s policy direction;

P R I C E S MAIN BOARD

F O R DEALS

optimise future rental income from our proprietary properties and to actively pursue an aggressive development of select properties for residential and commercial purposes, with a view to maximizing shareholders wealth.” In his address, Chairman, Afriland Properties Plc, Emmanuel Nnorom, said the pandemic and the resultant lockdown also took a turn on its business activities.

S E C U R I T I E S MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N )

He said: “The real estate industry was affected negatively by the pandemic as public and private properties such as offices, apartments, hotels, sports, and entertainment venues were singled out as potential spreading locations for the novel coronavirus. These places were either shut down or had restrictions imposed. several projects were commenced and completed in the year under

T R A D E D MAIN BOARD

A S

review.” The company had over 41 projects in different locations in the country and at various stages of completion.” He said although the performance was affected by the events in the larger economy, the company further strengthen its balance sheets and business model this year by tapping into the opportunities that will be created in the building and construction sector.

O F

According to him, Afriland Properties recorded a revenue of N1.42 billion, profit before tax stood at N1billion, while total assets rose to N27.07billion representing an increase of nine per cent as against the N24. 86billion recorded in 2019. The board recorded a dividend of N68. 695 million dividend (five kobo per share), which was commended and approved by the shareholders.

2 2 / 0 3 / 2 0 2 1 DEALS

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N)


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TUESDAY MARCH 23, 2021 • T H I S D AY


TUESDAY MARCH 23, 2021 • T H I S D AY

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TUESDAY MARCH 23, 2021 • T H I S D AY


37

TUESDAY MARCH 23, 2021 ˾ T H I S D AY

NEWS

Court Jails Company Director 10 Years over N200m Contract Scam Two scammers bag four-year jail term over $8,000 COVID-19 fraud

Kingsley Nwezeh inAbuja Justice M.T. Mohammed of the Federal High Court sitting in Port Harcourt, Rivers State capital,

has convicted and sentenced Mr. Jonathan Alatoru, Managing Director, Chemtronics Nigeria Limited and his company to 10 years imprisonment for conspiracy to commit felony

Catering Services to Resume on Domestic Flights Kasim SumainainAbuja The Minister of Aviation, Senator Hadi Sirika, yesterday ordered that catering services, hitherto suspended at the onset of the COVID-19 pandemic disease should resume on domestic flights immediately. Sirika disclosed this at the weekly media briefing of the Presidential Task Force on COVID-19 in Abuja. According to him, the decision was taken in consideration of the businesses involved in the provision of in-flight refreshments that have been adversely affected by the suspension. He, however, said that modalities and protocols for the resumption of the services would be worked and rolled out by the Nigerian Civil Aviation Authority (NCAA), which would be in line with international best practices. Sirika, in a statement made

available to journalist by the Director of Public Affairs, Ministry of Aviation, Mr. James Odaudu, also reiterated the plan to resume international flight operations at the Mallam Aminu Kano International Airport, the Akanu Ibiam International Airport, Enugu and the Port Harcourt International Airport. He said that members of the Presidential Task Force on COVID-19 would be visiting the airports for simulation exercises to ascertain their readiness for international operations. The minister also revealed that a technical working group that comprised of agencies involved in the facilitation of passengers has been set up to ensure that all standards required for seamless operations at the airports earmarked for resumption of international flights are available.

and obtaining money under false pretence to the tune of N200 million. In another ruling, one Collins Samuel, an alleged fraudster who obtained $8,000 as COVID-19 benefit from the US State of Virginia, was convicted and sentenced to two years imprisonment by Justice P. Mallong of the Federal High Court sitting in Kaduna, Kaduna State. Another fraudster, Okoh Kingsley Chukwuemeka also bagged two

years in prison for fraud. Alatoru’s offence runs contrary to Section 1 (2) (c) of the Miscellaneous Offences Act CAP M17 of the Revised Edition (Laws of the Federation of Nigeria) 2007 and punishable under Section 1(2) of the same Act. Justice Mohammed convicted them on March 19, 2021 after pleading “guilty” to amended 11- count charges, following their

arraignment by the Port Harcourt Zonal Office of the Economic and Financial Crimes Commission (EFCC). Based on the defendants’ “guilty” plea, prosecution counsel, J.N. Dogoyaro prayed the court to convict and sentence them, accordingly. He was not opposed by the defense counsel, Max Ogar. In his judgment, Justice

Mohammed convicted and sentenced the defendants to three years imprisonment on counts 2 to 9 bordering on forgery and uttering. They were also convicted and sentenced to seven years imprisonment on counts 10 to 11 bordering on conspiracy to obtain by false pretense and obtaining money by false pretenses.

EFFECTIVE COLLABORATION…

Comptroller General of the Nigeria Immigration Service (NIS), Muhammed Babandede (left), and the Chairman/Chief Executive of the National Drug Law Enforcement Agency (NDLEA), Brig. General Mohammed Buba Marwa (rtd), during Marwa’s working visit to the national headquarters of the NIS in Abuja …yesterday

Ekiti By-election: Court Remands Three Suspects for Murder PDP Rejects High Court Judgment on Imo North Senatorial An Assistant Superintendent of By-election Victor Ogunje in Ado-Ekiti The Chief Magistrate Court sitting in Ado-Ekiti has ordered the remand of three suspects allegedly involved in the killings of two persons during the byeelection into the Ekiti East State Constituency 1 last Saturday at the Federal Correctional Centre in Ado-Ekiti. The defendants were: Mr. Adenijo Olusola, 38, popularly called Solar, Mr. Paul Folorunso, 45, and Ms. Adebayo Serifat, 40, a female. They were suspected to have committed the offence of conspiracy to wit murder and attempted murder of Babatunde Adeleye and Bola Adebisi. The offence is punishable under Section 516 and 319 (1) of the Criminal Code Cap C16, Laws of Ekiti State 2012.

Police, M.A. Akala, represented the police while the Director of Public Prosecution, Mr. Julius Ajibare, appeared for the state. The duo reached consensus that the state has taken over the matter and urged the court to grant the application of the prosecution. In his ruling, the Chief Magistrate, Mr. Abdulhamid Lawal, granted and ordered the remand of the suspects at the correctional centre in Ado Ekiti and adjourned the case to April 19, 2021, for mention. Meanwhile, the Ekiti State Council of Traditional Rulers has made a passionate appeal to politicians in the state to keep the peace and stop bloodletting as witnessed in Omuo Ekiti during a bye-election to fill a vacant assembly seat.

Marwa: We’ll Use Immigration Database to Track Drug Barons The National Drug Law Enforcement Agency (NDLEA), yesterday said it would use database of the Nigeria Immigration Service (NIS) to track drug barons and traffickers anywhere in the world. A statement from the NDLEA quoted the Chairman, Brig. Gen. Buba Marwa (rtd), as giving the assurance during a courtesy visit to the Comptroller-General of NIS, Mr. Muhammed Babandede, in Abuja. The statement was signed by NDLEA’s Director of Media and Advocacy, Mr. Femi Babafemi. Marwa commended the NIS for deploying modern technology and state-of-the-art equipment to keep huge data for use by the nation’s intelligence and law

enforcement community. According to him, the database will be of immense help in NDLEA’s efforts to track drug barons and traffickers wherever they may be hiding. “We will take advantage of the new technology deployed by the NIS,” he said. Marwa commended Babandede for introducing drug integrity test in NIS. He said that NDLEA would continue to push for adoption of drug integrity test by other government agencies. In his response, the NIS boss expressed the optimism that Marwa would carry out his assignment well in view of his records, experiences and competence.

Chuks Okocha in Abuja The Peoples’ Democratic Party (PDP), has rejected in its entirety the March 18, 2020, judgment by the Federal High Court sitting in Abuja, which ordered the Independent National Electoral Commission (INEC) to issue Certificate of Returns to Senator Ifeanyi Araraume within 72 hours. The PDP said yesterday that the judgment further heightened its fears that the All Progressives

Congress (APC) controlled federal government is bent on using certain officials within the judiciary to suppress the opposition and subvert the will of the people. A statement issued by the National Publicity Secretary of the PDP, Mr.Kola Ologbondiyan, said: “”Our party wonders how could a matter which has been decided by the Supreme Court be overruled by a Federal High Court.” The PDP said that it was clear

to all that the Supreme Court on February 5, 2021, upheld the ruling of the Court of Appeal, which nullified the candidature of Senator Ifeanyi Araraume as the APC candidate for Imo North Senatorial District’s bye-election. Ologbondiyan said: “That verdict of the Supreme Court put to rest the candidature of Senator Ifeanyi Araraume. “It is, therefore, bizarre that a Federal High Court presided

over by Justice Taiwo Taiwo, which Senate Ifeanyi Araraume had approached to declare him the authentic candidate and order the INEC to issue him Certificate of Returns had done so in flagrant disregard to the Supreme Court ruling on the same matter.” The PDP held that this is a direct miscarriage of justice, which poses great danger to democracy and should not be allowed to stand.

Court Remands Four Policemen in Prison over Alleged Murder in Kano Ibrahim Shuaibu in Kano Four police personnel were arraigned yesterday before a Kano Senior Magistrate Court no. 58 sitting in Nomansland on two count charges bordering on criminal conspiracy and culpable homicide. The charge sheet stated that the suspected policemen namely,

Sergeant Adamu Ubale and Muritala Ismail were culpable in the death of one Ibrahim Suleiman, 25 years-old, and Abubakar Isah, 30 years old. The prosecution counsel told the court that the defendants conspired with two others who are now at large, adding that they acted in a manner that contravenes the provisions of Section 97 and

221 of the Penal Code Law. Police first information report said that “on 15-11-2020 at about 23 hours, one Musa Abubakar and Suleiman Ibrahim both male of Sharada Yarkuka quarters reported the incident to the police.” The report added that “on 14-11-2020, Sergeant Adamu Ubale attached to the Anti-daba Operational Base and Muritala

Ismail criminally conspired with two special constabularies, namely PC Kabiru and PC Ibrahim now at large, intercepted some hoodlums that resulted in a physical fight. “And one Ibrahim Suleiman, 25 years-old, and Abubakar Isah, 30 years old, both of Sharada Quarters were shot and stabbed to death.”

Hijab: AgainViolence Erupts in Ilorin as Suspected Hoodlums Invade College Hammed Shittu in Ilorin Violence erupted in Ilorin yesterday when some suspected hoodlums invaded the C&S College, Sabo-Oke, Ilorin, Kwara State capital, with cutlass and dane-guns against the attempt to forcefully open the gate of the college. The students of the college were also chased away and sent back home. The development however led the deployment of men of the state

civil defence, police, soldiers, State Security Service in order to avoid full blown break down of law and order in the area. Also, at the Baptist Secondary School, Ilorin, some youths were throwing stones at some officials of the school and security operatives deployed to the school. During a visit to the college at about 11.30 a.m. yesterday, the gate of the school was under lock and key, though teachers and staff reported

for work. The situation, however, turned chaotic and violent when some suspected hoodlums attempted to forcefully open the gate of the school even in the presence of security operatives. Appeal for calm by the Chairman, State Teaching Service Commission, (TESCOM), Mr. Bello Abubakar, who addressed the angry crowd, fell on deaf ears. Shortly after his address, another

violent clash broke out again following gunshots fired from inside the Emmanuel Baptist Church opposite the C&S College Sabo Oke, at about 12.10 p.m. while the church was also pelted with stones and other objects. The government ordered on Friday that the 10 mission schools earlier shutdown should resume classes to enable intending WASC students prepare for their examinations.


38

TUESDAY MARCH 23, 2021 ˾ T H I S D AY

24 HOURS...

24 HOURS...

OPL 245: I Have No Case to Answer in Nigeria after Italian Court Verdict, Says Etete Davidson Iriekpen Following the acquittal of Eni and Royal Dutch Shell along with their managers over the Malabu Oil and Gas deal by an Italian court, a former Minister of Petroleum, Mr.

Dan Etete, has asked the courts in Nigeria court currently hearing charges against him in respect of the deal to strike them out. Etete stated that the acquittal by an Italian court was clear evidence that there was no corruption

PDP Wants Buhari to Convene National Security Conference Chuks OkochainAbuja National Chairman of the Peoples Democratic Party (PDP), Prince Uche Secondus has urged religious and traditional rulers in the country to appeal to President Muhammadu Buhari to summon a national security conference to discuss security issues ravaging Nigeria. The PDP national chairman also said that the party will give a preferential attention to youths of the party in the forthcoming 2023 general election. He spoke at the PDP Youth zonal and states conference in Abuja. According to Secondus, who also called for one-minute silence for youths killed during the #EndSARS protest last year, said that he is pained by the continued loss of lives in the country. He called on traditional rulers and religious leaders in the country to appeal to Buhari to summon a national security conference in

Nigeria before things get out of hands. According to the PDP national chairman, “It seems that those in government have lost control of the level of insecurity in the country. Yesterday, it was an attempt on the life of the governor of Benue State, Mr. Samuel Ortom. This type of insecurity has not happened before. The order day, it was an attempt on the life of Borno State governor; today, it is the Benue State governor. Who knows the next target? “Nigeria is gradually sliding into a security-crisis nation. Let’s us not play politics with security. It is an evil wind that will blow Nigeria no good. “My appeal is that religious leaders and traditional rulers should intervene and urge President Muhammadu Buhari to summon a security conference where this matter would be decided and decisions taken for the general good of Nigerians.

Accountants Back Bill for Certified Fraud Examiners The Society for Forensic Accounting and Fraud Prevention (SFAFP) has thrown its weight behind the bill seeking for the establishment of the Chartered Institute of Forensics and Certified Fraud Examiners, saying that when passed into law, the legislation will combat Illicit Financial Flows among other economic crimes. SFAFP also argued that the bill will also reduce frauds, embezzlement, economic crimes, financial crimes and corruption in both public and private sectors of the economy Speaking at ANAN House, Abuja recently, the President/ Chairman of Council of the Society for Forensic Accounting and Fraud Prevention (SFAFP), Mr. Iliyasu Gashinbaki said the Joint African Union Commission/United

Nations Economic Commission for Africa (AUC/ECA) High Level Panel Report on illicit financial flows from Africa, estimates that Africa is losing in excess of $50 billion a year to illicit flows and about $10billion with 20 per cent from Nigeria alone. “The report makes the startling claim that over the past 50 years, Africa has lost more than $1 trillion, equivalent to all the official development assistance received during the same period,” he added. Gashibaki touted other benefits of the Bill to include: “Creation of jobs in the 774 Local Governments because of its wide applications and operations, which cut across the three tiers and arms of the government and the private sector.”

involved in the Oil Prospecting Lease (OPL) 245 transaction. He also said Malabu Oil and Gas lost over $10 billion to the corruption allegations tied to the oil block. The OPL 245 deal involved the $1.3 billion purchase of an oil block by Royal Dutch Shell and Eni from Malabu, a company in which Etete held majority shares.

Of the sum, $210 million went into government coffers as “signature bonus” and the rest was paid to Malabu Oil and Gas, the original owners of the block. Etete, through his lawyer, Anthony Secci, had argued that the deal was perfect and corruption-free. However, prosecutors alleged that $1.1 billion went to politicians

and intermediaries, with 50 per cent of it going to Etete personally. On March 17, an Italian court acquitted Shell, Eni and other defendants of corruption charges in the OPL 245 deal. Reacting in an unsigned statement but which THISDAY confirmed was authorised by him, Etete described the judgment as satisfactory.

He said the ruling has “rightly acquitted” him of corruption and corrupt behaviour following “a brutal and diligent 36 months trial”. Etete, now 76, said the federal government must live with the court decision as it was actively involved in choosing the Milan court to settle the dispute.

COUNTING LOSSES...

Katsina State Governor, Hon. Aminu Bello Masari (middle), inspecting the Katsina Central Market destroyed by fire… yesterday.

2023: APC Inaugurates Contact/Strategy Committee Today Adedayo Akinwale in Abuja The All Progressives Congress (APC) appears to be preparing for Post-President Muhammadu Buhari’s era with the inauguration of 61-member Contact/Strategy Committee for the APC ahead of the 2023 elections. The members of the committee included 12 governors, as well as former Speaker of the House of Representatives, Hon. Dimeji

Bankole and Hon. Yakubu Dogara. The National Secretary of the party, Sen. John Akpanudoehede, in a statement issued yesterday said the Governor of Jigawa State, Mr. Abubakr Badaru will chair the 61-member Committee. He said: “The National Chairman of the Caretaker/Extraordinary Convention Planning Committee (CECPC), Mr. Mai Mala Buni has approved the constitution of a high-powered 61-member Contact/

Strategy Committee for the APC. “This is part of ongoing efforts by the CECPC to rebuild and reposition our great party.” Akpanudoehede noted that the high-powered committee would be inaugurated by Buni on today (Tuesday) by 2:00pm at the party’s Secretariat in Abuja. Members of the committee are: Deputy Senate President, Senator Ovie Omo-Agege; Governor of Kogi State, Mr. Yahaya Bello; Borno

State Governor, Prof. Babagana Zulum; Gombe State Governor, Mr. Inuwa Yahaya, Nasarawa State Governor, Mr. Abdullahi Sule. Others are: Governor of Kastina State, Hon. Aminu Bello Masari; his Plateau State counterpart, Mr. Simon Bako Lalong; Lagos State Governor, Mr. Babajide Sanwo-Olu, Governor of Ogun State, Prince Dapo Abiodun; Imo State Governor, Senator Hope Uzodinma, among others.

NASU Commences Three-day Protest over Bill on 65Years Retirement Age Onyebuchi Ezigbo in Abuja and Hammed Shittu in Ilorin The Non-Academic Staff Union of Educational and Associated Institutions (NASU) yesterday commenced a three-day nationwide protest in a bid to compel the federal government to include non-teaching staff in primary and post primary schools in the

Harmonised Retirement Age for Teachers in Nigeria Bill (2021). The bill, which would soon be transmitted to the National Assembly for enactment into law, allows teaching staff of primary and secondary schools in the country to retire at the age 65 instead of 60 years as provided in their existing scheme of service. The bill also seeks to extend the

years of service to 40 years from the current 35 years as well as special salary scale and enhanced allowances. However, the federal government had excluded the non-teaching staff from the planned legislation. President Muhammadu Buhari, during the celebration of Teachers’ Day in 2020, had announced the new incentives for teachers in public

basic and secondary schools in Nigeria. Addressing the protest at the National Assembly in Abuja yesterday, the NASU Federal Capital Territory (FCT) Council Chairman, Adebola Bamidele, said since the announcement by President Buhari, the non-teaching staff have been pushing for their inclusion in the new condition of service.

USAID Offers $168.5m New Igboho: Ondo Not Part of SovereignYoruba Nation, Says Akeredolu Assistance to Nigeria by seeming inaction or passive The governor made the rousing.” James Sowole in Akure Michael Olugbode in Abuja The United States Agency for International Development (USAID) has announced an additional $168.5 million as development assistance to Nigeria. The latest assistance brings the total of US assistance to the Nigerian people to $2.16 billion under the five-year Development Objectives Assistance Agreement (DOAG) signed between USAID and the Ministry of Finance. A statement from USAID yesterday said the agency recently announced the notification of an additional $168.5 million as development assistance to continue the support for the goals outlined

in a 2015 bilateral agreement between the US and Nigerian Governments. The statement said with this funding, the total US assistance to the Nigerian people has been increased to $2.16 billion under the five-year DOAG signed between the USAID and the Ministry of Finance. USAID acting Mission Director, Katie Donohoe, said: “With this notification, the United States has deepened its commitment to Nigeria in meeting its development challenges,” promising that: “We will continue to support improved health, nutrition, economic growth, good governance, and human rights.”

Ondo State Governor and Chairman of the South-west Governors’ Forum, Mr. Oluwarotimi Akeredolu, yesterday declared that the state is not part of the mode of agitation for a sovereign Yoruba nation being canvassed by activists allegedly led by Chief Sunday Igboho.

declaration in Akure, the state capital, at the swearing -of the Secretary to the State Government (SSG), Princess Oladunni Odu, and four Special Advisers. He stated that no part of the state shall permit any gathering or agitation which may suggest, however, remotely, that “we are in support of unthinking rabble

According to Akeredolu, “I state unequivocally as the governor of Ondo State, who was elected by the people to serve them and protect their interests that our people have elected to stay in the Federal Republic of Nigeria as constituted presently.” He, however, noted that the growing disaffection was generated

indifference on the part of elected and appointed representatives of the government at all levels. The governor added: “Why some have been measured in their reactions to these problems, others have been less diplomatic. It is not uncommon to find groups and individuals purporting to act or speak on behalf of the rest of us.

Senate: Over 300 Federal Agencies Remain Unaudited Emmanuel Addeh in Abuja The Senate Committee on Public Accounts yesterday disclosed than more than 300 agencies and parastatals of the federal government are yet to submit their accounts to auditors for

screening, decrying the situation as anomaly. The Chairman, Senate Committee on Public Accounts, Matthew Urhohide, who spoke along with his counterpart, Senator Olubunmi Adetumbi, chairman, Senate Committee

on National Planning and Intergovernmental Affairs, during an event organised by Mothergold Consulting, noted that even the anti-corruption agencies had not been audited for a long time. The event, which was held

in Abuja, was put together to discuss the role of the National Assembly and civil society organisations in improving accountability and performance of the Nigerian National Petroleum Corporation (NNPC).


39

˜ ͺͻ˜ ͺ͸ͺ͹ ˾ T H I S D AY

TUESDAYSPORTS

Group Sports Editor Duro Ikhazuagbe Email duro.ikhazuagbe@thisdaylive.com 0811 181 3083 SMS ONLY

AFCON QUALIFIERS

Super Eagles to Begin Training at Teslim Balogun Stadium Today 18 players in camp last night with arrival of Iwobi, Onuachu, others

Duro Ikhazuagbe SSuper Eagles are expected to begin proper training this evening at the Teslim Balogun Stadium mainbowl when all invited players for the

AFCON 2021 qualifiers against Benin Republic and Lesotho would have arrived the team’s Eko Hotel camp in Lagos. The few that arrived the camp on Sunday evening were involved in workout in the well-equipped gym

Dussuyer Lists Clubless Sessegnon as Non-playing Captain of Squirrels Captain Stephane Sessegnon, who has been without a club, has been named by Benin Republic as a “non-playing captain”, just as the Super Eagles have done with Ahmed Musa, coach Michel Dussuyer has disclosed. Dussuyer said the former West Bromwich Albion forward has been listed “to galvanise the team to victory” against Nigeria and Sierra Leone, but will not see action and was not listed on the 23-man squad. The Frenchman yesterday finally announced his squad for the decisive AFCON 2021 qualifiers with not one player from the domestic league. Thanks to the travel restrictions caused by the Covid-19 pandemic, Benin can now count on as many as 12 players from France to shock star-studded Nigeria and qualify for the AFCON to be hosted by Cameroon in January. The listed players include goalkeeper Saturnin Allagbe, defenders Youssouf Assogba, Cedric Hountondji, Emmanuel Imorou as well as forwards Josel

Dossu and Steve Mounie. THE SQUAD Goalkeepers: Saturnin Allagbé (Dijon/France), Fabien Farnolle (Sidama Cofee/ Ethiopia), Marcel Dandjinou (JDR Stars/South Africa) Defenders: Youssouf Assogba (Amiens/France), Séidou Barazé (SC Shiltigheim/France), Khaled Adenon (USAvranches/France), Moïse Adilèhou (Breda/ Netherlands), Cédric Hountondji (Clermont/France), Yohan Roche (Rodez/France), David Kiki (PFC Montana/Bulgaria), Emmanuel Imorou (Évian TGG/France) Midfielders: Sessi d’Almeida (Valenciennes/France), Jordan Adéoti (Annecy FC/France), Anaane Tidjani (Menemenspor/ Turkey), Rodrigue Kossi (Club Africain/Tunisia), Mattéo Ahlinvi (Nîmes/France), Jérôme Agossa (Djoliba AC /Mali) Forwards: Michaël Poté (Bandirmaspor/Turkey), Cebio Soukou (Bielefeld/Germany), Jodel Dossou (Clermont/ France), Marcellin Koukpo ( CR Belouizdad/Algéria), Steve Mounié (Brest/France), Jacques Bessan (Olympique Béjà/Tunisia)

GOTV BOXING NIGHT 22

Real One, Quartey in War of Words Ahead of WBF Title Fight The impending World Boxing Federation (WBF) Intercontinental super featherweight clash between Nigeria’s Rilwan “Real One” Oladosu and Ghanaian Emmanuel “Afuko Addo” Quartey will go down as a classic if the war of words between the two opponents is anything to go by. Since the match-up was approved by the WBF, both boxers have been swapping boasts and threats, with the traditional Nigeria/Ghana rivalry fueling the fire. Speaking from Accra on Monday, Quartey, a serial champion, said he will defeat Real One via a third-round technical knockout in their fight scheduled for GOtv Boxing Night 22 on 2 April. “This fight is done and dusted. You can take it to the bank. The belt is mine. Real One will be knocked out in the third round. He can’t go beyond that. He is not that good and he won the national title here because Nigeria has substandard boxers. He’d never win such in Ghana,” said Quartey. Real One, on his part, believes

he is well tuned for the bout, saying Quartey will regret agreeing to take on him. “Quartey or is it quarantine that he is called will see fire. He’s just mouthing off. I’ve beaten many Ghanaian boxers and will beat him too. I’m already looking beyond this fight,” said the flamboyant Nigerian boxer. Also, at the event, Tanzanian Mkalekwa Salehe Omari will take on Nigeria’s Rilwan “Baby Face” Babatunde for the WBF International welterweight title. The seven-bout event will also see boxers in other categories in action. Yusuf “Innocent” Ogunbunmi will face Sikiru “Omo Iya Eleja” Shogbesan in the super featherweight category, while Femi “Small Tyson” Akintayo will face Sulaimon “Olags” Adeosun in the super middleweight division. Two welterweight duels will see Sikiru “Lion” Ogabi up against William “Kaki” Amosu, with Isaac “I-Star” Chukwudi taking on Taiwo “Gentle Boy” Olowu. In the heavyweight division, Timothy ‘Nsiefinagaije’ Gonze will take on Segun “Success” Olanrewaju

of the hotel yesterday morning. They included: William Troost-Ekong, captain Ahmed Musa, Ola Aina, Henry Onyekuru, Oghenekaro Etebo and Shehu Abdullahi. Media Officer of the team, Babafemi Raji, confirmed yesterday that Tuesday evening training at Teslim Balogun would begin at 4.30pm. With the arrival of Glasgow Rangers duo of Leon Balogun and Joe Aribo, Everton’s Alex Iwobi, Dutch Eredivisie pair of Tyrone Ebuehi and Maduka Okoye and Genk goal king, Paul Onuachu, Eagles camp roared into life. Enyimba’s duo of Noble and Iwuala completed the 18 players in Eagles camp as at press time last night. Meanwhile, Head Coach of the Super Eagles further extended invites to two home-based players in place of those not released by their teams or injured for Nigeria’s games with Benin and Lesotho.

Enyimba’s goalkeeper, John Noble was the only player from the domestic league included in his 24-man rooster before spate of withdrawals have now forced him to extend invites to two more players from the home front. The new addition from the Nigeria Professional League (NPFL) including Abia Warriors defender, Adekunle Adeleke, and Enyimba striker, Anayo Iwuala, as replacements for Spain-based Kenneth Omeruo and Sadiq Umar. The Franco-German gaffer had earlier replaced France-based duo of Samuel Kalu (Bordeaux) and Moses Simon (FC Nantes) respectively with Onyekuru (Galatasaray) and Onuachu (Genk) from the standby list. Currently topping the AFCON qualifiers Group L with eight points, one point ahead of closest rivals Benin, the Super Eagles will be away to face the

Squirrels at Stade Charles de Gaulle in Porto Novo on 27th March, before concluding their campaign three days later against visiting Lesotho Crocodiles at Teslim Balogun Stadium, in what would be their first official game in Lagos in a decade. The last competitive game Nigeria played in Lagos was a 1-0 AFCON qualifiers’ win over Zambia in January 2001. Speaking on the expectations from his wards, Rohr insisted yesterday that the two matches are important to Super Eagles despite the FIFA rankings of both countries. “We want to finish our qualification on a positive note, and the two matches against Benin and Lesotho are very important,” Rohr told CAFOnline.com. “Of course, we know that Benin is difficult to beat after our last game in Uyo (Nigeria won 2-1) and we need at least a point

against them to qualify for next year’s AFCON,” added the 67 years old coach. “Then, we are playing our final game in Lagos. We want to win in Lagos because it has been a long time since we last played there, and we want to conclude the qualifiers with a victory as well. “These are not going to be easy matches because Lesotho drew with Benin, but we are going to give our best against these opponents,” noted the former Bayern Munich defender. He admitted that despite Ahmed Musa’s presence in the camp, he is not listed to play the two games due to his inactivities at the moment. “Musa is our captain, and he is a part of the team though he won’t play because he has not been active, but we want to assist him to train and he will also help our team as we prepare for these two important matches,” concluded Rohr.

Eagles and technical officials after opening day work out session in the gym... yesterday

Obaseki Adopts Quarter-miler, Eraiyokan, Ahead Tokyo Olympics Sports Minister insists Ogbemudia Stadium has raised the bar for sports devt Adibe Emenyonuin Benin City Team Nigeria’s preparations for the 2020 Olympics Games in Tokyo, Japan received a major boost at the weekend with the promise by the Edo

Orukpe Eraiyokan ..has received a lifeline to support his preparations for Tokyo Olympics

State Governor, Mr Godwin Obaseki to adopt quarter-miler, Orukpe Eraiyokan. The Governor made a final financial commitment for the adoption of the UK-based athlete after a meeting with the Minister of Youth and sports Development,Chief Sunday Dare, in Benin last Friday. Eraiyokan who specializes in the 400m and 4×400m relay is one of Nigeria’s current fastest quarter-miler and could be the anchor for Nigeria’s 4x400m relay team at the Olympics. The athlete expressed appreciation to the Minister and the Edo State governor for the confidence reposed in him to deliver. He assured Nigerians that he would not let the country down. Eraiyokan is expected to compete for Edo State at the National Sports Festival scheduled to begin from April 2nd through April 14th. The festival, he believes will help him to fine-tune his preparations for the Olympics. Several athletes were on the verge of being adopted last year before Covid-19

pandemic led to the shut down of businesses and sporting activities. The Adopt-an-Athlete programme is an initiative of the Sports Minister to secure funding for athletes to enable them prepare for the Olympics. Meanwhile, Chief Dare has further commended the Obaseki-led administration in the state for the revamp of the Samuel Ogbemudia Stadium into a world-class facility. He insisted that it has raised the bar for sports development in Nigeria and has set the benchmark for other states to emulate. Dare who spoke after inspecting facilities earmarked to host the National Sports Festival in Edo State, expressed satisfaction with the quality of what the state has offered. “I can’t ask for more with what I have seen here. Sportsmen and women can’t ask for better facilities than what we have here at the Samuel Ogbemudia Stadium in Edo State. “The facilities and equipment will excite

the athletes, as they are comparable to what you will find anywhere in the world. “This is a revamp of sporting facilities to global standards never before seen anywhere in the country. It raises the bar for any other state that wants to revamp its sporting facilities. “I am satisfied with what I have seen here today and most of our athletes will be ready to compete here and set new personal and world records.” The Minister assured stakeholders that financial support will come from the Federal Government to support the state to host the games because of the associated financial cost necessitated by several postponements. Also, former Nigeria’s Queen of the Tracks, Mary Onyali-Omagbemi expressed delight in the worldclass facilities at Samuel Ogbemudia Stadium. She insisted that they are comparable with those in advanced countries.


Tuesday March 23, 2021

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MISSILE CAN to N’Assembly “While the citizens are expecting the National Assembly to make laws that will address the lopsided appointments, insecurity, unemployment and economic predicament, our lawmakers are interested in making laws that seek to promote one religion. This is totally unacceptable in a country with multiple religions” – CAN urging the National Assembly to suspend the bill seeking to institutionalise the use of hijab in schools.

TUESDAY WITH REUBENABATI abati1990@gmail.com

OPL 245: The Milan Prosecution and Lessons for Nigeria

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have written on this subject before now: the politics and drama of OPL 245 involving ENI, Royal Dutch Shell, Malabu Oil and Gas and the manner in which President Goodluck Jonathan’s officials were dragged into the matter, particularly Emeritus Attorney General of the Federation, Mohammed Bello Adoke. The big issue is that there were allegations of corruption, money laundering and unsavoury practices in the transactions. On Thursday last week, after more than three years, and 74 hearings, and about 200 witnesses, the Italian court looking into the matter ruled that none of the parties involved in the matter has a case to answer. In other words, the trial court discharged and acquitted, Etete, Adoke, ENI, AGIP, and Shell. What the Italian court has said is that there is, there was not, any fraud over the transfer of the ownership of the OPL 245 and government’s management of the process. OPL 245 was projected by interested parties as one of the biggest symbols of corruption in Nigeria, from Presidents Obasanjo to Yar’Adua, and as a major minus for the Jonathan administration. The Italians in whose courts the natter was first initiated have now just ruled that there is no case to answer. We are right now at this point after reputations have been destroyed, family lives have been disrupted, and the wrong narrative has been put out there. It is terrible and condemnable the way the Nigerian government in the last six years has gone about this particular matter. What is even more telling

EFCC Chairman, Abdulrasheed Bawa is that in a public statement titled “A Trilogy of Acquittals”. Chief Dan Etete insists that the agreements on the transfer from Malabu to Shell and ENI were never cancelled by the Federal Government of Nigeria. The Court, he points out, has confirmed that no bribes were paid to anyone and that there is indeed no case to answer. In other words, the prosecution raised the following issues: The legality of the transaction has been affirmed by the Italian courts. Before

now, the impression given to Nigerians is that the OPL 245 Resolution Agreement was tainted with corruption, hence the prosecutions going on in Milan and Nigeria. Now that the transaction has been confirmed to be legitimate, it is expected that the Nigerian authorities will do the needful by terminating proceedings in Nigeria and publicly apologize to those maligned unduly by the EFCC and other state actors and their cohorts. In some jurisdictions, compensation will be offered. Nigeria ought to learn useful lessons from the Italian Prosecutions and the subsequent discharge and acquittal of the parties. Public Officers such as the Attorney General and other prosecutorial agencies must be guided by the pursuit of justice and national interest in the advice they give to ground a prosecution rather than serve narrow selfish private interests or the desire to even scores with people who have held public office. What exactly is the level of investigation that our prosecutorial agencies carry out before they decide to charge someone to court? We target people and try to rope them in, based on prejudices. Malicious prosecution is a direct assault on the rule of law. This point must be made: Nigeria must not be made to look like a rogue state in the eyes of the international community where things can never be done right or government business is conducted in such a manner as to promote ulterior motives. In addition, malicious prosecution should be avoided because of its inherent danger to the state and the colossal loss it can occasion for the state when redress is

sought against the state. What if Etete, Adoke, and the oil companies proceed against the government for the losses incurred during these years? The Attorney General of the Federation indeed failed the legal community, the Justice system and his Oath of Office when he failed to give effect to the Judgment of the Federal High Court, Abuja, Coram, Binta Nyako, J to the effect that Mr. Adoke could not be held personally liable for carrying out the lawful directives and/approval of the President of the Federal Republic of Nigeria to implement the OPL 245 Settlement Agreement of 2006. In other climes, the Attorney General of the Federation would have moved to terminate all proceedings in obedience to the Judgment of the Court. Nigeria’s image has been badly damaged internationally needlessly and public confidence in our state institutions greatly eroded by the actions taken by the EFCC, the Federal Ministry of Justice and other state actors to discredit a transaction that to all intents and purposes was legitimate and beneficial to the country. Now is the time to close the book on the OPL 245 saga. The right thing can still be done by relevant prosecutorial agencies to remedy the situation and right the wrongs. The AGF should immediately proceed to terminate the ongoing proceedings in Nigeria and offer a public apology to all the parties concerned. That is the main take-away from Italy.

Much Ado about Ogun Cargo Airport

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gun State has been in the news for the wrong reasons lately over what I prefer to call for the want of a better term: much ado about a cargo airport. All the parties involved need to be told that the provision of a Cargo Airport in the state should not become a matter of geography, individual ego, arrogance, mischief or ethnicity. The main consideration should be the interest of the people of Ogun State. A Cargo airport in Ogun State will, to state the obvious, create employment, open up the state, and deepen the development process, and also provide an alternative to the congested Lagos port facilities. It will shore up state revenue. The great advantage or disadvantage that Ogun State has is its proximity to Lagos. With regard to the former, the increasing scarcity of space, and the over-congestion in Lagos, has resulted in the last two decades in an urban sprawl from Lagos towards every part of Ogun State which is its nearest neighbour. The effect is that housing schemes, industrial projects and other investments that could ordinarily have been located in Lagos, are being moved to Ogun State, along the Lagos-Ibadan Expressway on the Southern front, and towards Epe and Ijebu Ode on the Northern axis. Whoever runs Ogun State as Governor therefore has a responsibility to prepare Ogun State for this advantage, for it is the best option for turning the state into an industrial hub, not just for proximity purposes but also as the gateway to the East and the neighbouring countries of Benin, and Togo. The disadvantage which needs to be addressed is that as Ogun State merges with Lagos, and with many Ogun State residents working in Lagos, commuting daily between the two states, the bulk of the tax that should go to Ogun State ends up in Lagos State coffers. No Governor has been able to find an answer to that yet. Most of the people living in Ifo 2 Constituency and

Obafemi Owode Local Government, for example, live in Ogun State and pay tax in Lagos. The proximity between both states is such that in places like Alagbole, for example, some of the residents have their living rooms in Lagos State and their bedrooms on the Ogun State side of the divide! But that is not the real subject matter. It is this: in 2007, Engr Gbenga Daniel as Governor of Ogun State decided to set up a Cargo airport in the state, to attract business and investment, and TO take full advantage of the proximity of Ogun State to Lagos. Lagos, Nigeria’s main commercial centre and the host of two sea ports and an international airport is congested, creating nightmares for both residents and businesses. The clearing of cargo in Lagos at the time and even now was an abiding source of frustration for business and industry. Why not set up an alternative in Ogun State and draw economic benefits? This was the vision of the Gbenga Daniel administration. And it made sense. The chosen location for the Cargo airport was Ilishan-Remo part of the state, close to Sagamu. Governor Daniel got the necessary approvals from the Federal Ministry of Aviation and the Nigeria Civil Aviation Authority (NCAA), and did the ground work. But the Cargo airport was not completed before the end of his tenure. In 2007, Governor Daniel was succeeded by Senator Ibikunle Amosun as Governor of Ogun State. The new Governor also saw the good sense in what had been initiated by his predecessor but rather than continue with what he met on the ground, Amosun decided to start an entirely new Cargo Airport and chose as new location, a part of the state called Wasimi. This is where the problem lies. Daniel was a Governor of Remo extraction. When he decided to locate the Cargo airport in Remoland, the Egbas accused Daniel of taking every important project to his part of the state. When Amosun

took over, he looked towards his own territory, Egbaland and hence decided that the proposed Cargo airport was best for his own people. Wasimi to Ilishan Remo is less than 30 minutes. The change of location served no special purpose other than the psychological comfort it brings and the ethnic rivalry it projects. Amosun would end up doing a lot for his Egba people. He changed the face of Abeokuta, the capital of the state. He also gave them a flyover in Ijebu Ode. But the cargo airport has now become a source of concern. This whole hustle over location is just across the bridge and less than 30 minutes in terms of distance! A week ago, the matter came up before the Senate Committee on Aviation, following disagreements between Governor Dapo Abiodun and former Governor of the state, Senator Ibikunle Amosun. The former is interested in building the Ilishan-Remo airport. Governor Abiodun, like Daniel is from Remo. Amosun wants the Agricultural Cargo Airport in Wasimi, in Egbaland. The Senate Committee on Aviation reportedly visited the two sites, and both Governors have been struggling to persuade the Senate to include their preferred project in the federal budget. By the way, the last time I checked, Senator Amosun was no longer the Governor of Ogun State. With due respect, why is he trying to dictate to his successor? He would never have accepted such meddlesomeness as he now allegedly puts up, from his own predecessors: Governor Olusegun Osoba or Governor Gbenga Daniel. As it turned out, the representative of the NCAA told the Senate Committee on Aviation that the agency has no record of any approval for the establishment of a Wasimi Cargo Airport, but it has all the necessary documentation for the Sagamu cargo airport. The Chairman of the Senate panel, Senator Smart Adeyemi subsequently resolved the matter by saying that Ogun State has the capacity to manage two airports. What kind

of talk is that? Smart Adeyemi’s statement is supported by politics, double-talk and hypocrisy, and not the facts. Ogun State does not need two Cargo airports. One is enough. The state cannot afford two airports. That is a fact. The Senate panel on Aviation must be truthful and not take any decision just to please Amosun, who is currently in the Senate. It is most unfortunate that governance in Ogun State as is the case in other states of the Federation has been reduced to the distribution of privileges based on ethnicity. I think Governor Abiodun has done well by continuing with a worthy project introduced by Daniel, which Amosun abandoned. It is completely beside the point that Abiodun and Daniel are from the same geographical zone. The overall target should be continuity in governance. That is how they do it in sane and developed economies Abiodun has completed some of Senator Amosun’s projects even in Egbaland, and the most conspicuous is the road leading to Abeokuta all the way to Kuto. He should also pay attention to Amosun’s projects in Ifo 2 Constituency to show good faith. As for Senator Amosun, can he just concentrate on his new assignment in Abuja and allow his successor to govern, the same way his own predecessors gave him a breathing space? Dapo Abiodun was our opponent in the 2019 Gubernatorial election in Ogun State but having won, he should be allowed to govern and make his own choices and mistakes. The state should not and cannot have two Governors. All that talk about what Amosun wants is mere politics and very cheap politics at that. I have no doubts that Amosun’s kinsmen will praise him for his Egba nationalism but we cannot afford to have an atomistic Ogun state where every Governor that emerges is more interested in his or her own narrow goals. A Cargo airport in Remo will be a Cargo airport for all the people of Ogun State. Can we just focus on that and subtract the politics of it?

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