TUESDAY 5TH MAY 2020

Analysts Seek FG’s Focus on Job Creation to Reduce Poverty 83m Nigerians live in poverty, says NBS Nume Ekeghe Analysts yesterday urged the federal government to introduce policies to stimulate job creation to combat the

rising poverty rate in the country.

The analysts, while reacting to the 2019 Poverty and Inequality in Nigeria report published yesterday by the

National Bureau of Statistics (NBS), which showed that 82.9 million Nigerians are currently living below the national poverty line, called for policies to boost

micro, small and medium scale enterprises (MSMEs), increase agricultural output and encourage investment in critical sectors of the economy in order to alleviate poverty.

The NBS also puts the current poverty rate at 40.1 per cent.

The national poverty line is determined by adding the food poverty line and cost of

non-food basic needs.

The NBS said going by the current value of the poverty line set at N137,430 per person Continued on page 8

Stock Market Gains N604bn in April Despite COVID-19 Disruptions... Page 5 Tuesday 5 May, 2020 Vol 25. No 9157. Price: N250

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FG Expresses Concern over Non-Compliance with Guidelines, Warns of Another Lockdown Highest daily rise of 245 cases recorded, bringing tally to 2,802 with 417 discharged, 93 dead Govt appeals to banks, corporate bodies to create favourable conditions for observance of regulations To deploy 3,300 to trace suspected cases in Kano Begins evacuation of Nigerians from US, UK, others tomorrow Says Chinese doctors working in isolation centres Vaccines to be ready in 12-18 months, says WHO Lagos discharges 14 more patients Kingsley Nwezeh, Olawale Ajimotokan, Onyebuchi Ezigbo, Udora Orizu in Abuja, Segun James, Martins Ifijeh and Nume Ekeghe in Lagos Appalled by the wholesale disregard for its guidelines

on the relaxation of the fiveweek lockdown of the Federal Capital Territory (FCT), Lagos and Ogun States, the federal government raised the alarm about a potential spike in the Continued on page 10

Finally, FG Receives $311m Abacha Loot from US, Jersey Money to fund Lagos-Ibadan Expressway, Abuja-Kano road, Second Niger Bridge Deji Elumoye and Alex Enumah in Abuja The federal government yesterday confirmed the receipt of $311,797,866.11 of

the Abacha assets repatriated from the United States and the Island of Jersey.

Attorney-General of the Continued on page 8

MOBILISING GLOBAL RESPONSE...

President Muhammadu Buhari during the videoconference Summit of Heads of State and Government of the Non-Aligned Movement on COVID-19 monitored at the Presidential Villa, Abuja...yesterday godwin omoigui

Buhari, at NAM Summit, Rallies Global Support against Pandemic... Page 6

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TUESDAY MAY 5, 2020 • T H I S D AY

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NEWS

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

Stock Market Gains N604bn in April Despite COVID-19 Disruptions

Goddy Egene The stock market showed significant resilience in April and gained N604 billion in spite of the effects of the COVID-19 pandemic as some investors found the Nigerian bourse attractive in anticipation of a rebound.

The market had dipped by 20.6 per cent in the first quarter of 2020 and a positive performance was not envisaged given the COVID-19 pandemic that has impacted negatively on the global economy, Nigeria not excluded.

However, contrary to the

expectation that the market would continue on a negative trend, it gained N604 billion as the Nigerian Stock Exchange (NSE) equities market capitalisation moved from N11.393 trillion at the end of Q1 to N11.997 trillion at the end of April. Also, the NSE All-Share Index appreciated 5.3 per cent from 21,861.78 to 23,021.01.

Market operators and analysts attributed the low valuation of equities, improved first quarter results and liquidity through the payment of dividends by some companies as some of the factors that influenced the

Gunmen Kill Seven in Fresh Attacks on Plateau Communities Seriki Adinoyi in Jos Gunmen have killed seven persons in yet another attack on some communities in Plateau State.

It was gathered yesterday that the seven persons were killed during attacks on Naraguta, Shimilang, and Kwal villages in Jos North, Mangu and Bassa Local Government Areas respectively.

At Naraguta, Mallam Ali Shekara, a miner, was reportedly shot dead at his residence about 7.30p.m. on Sunday.

A resident of the community, who would not want to be named, said Shekara was an easygoing man who would not ordinarily get himself into trouble, wondering how he became a victim of the assailants.

At Shimilang, Mr. Michael Daya, a father of two, was shot dead on his Irish potatoes farm where he had gone to inspect his crops in the early hours of yesterday.

A villager, who confirmed the incident, said the gunmen attacked Daya in a community in the neighbourhood of the Mangu Divisional Police Station.

At Kwal, four young men, who had visited a neighbouring village, were returning late on Sunday when they were ambushed and shot dead by gunmen. Another victim in Miango town of the same Bassa Local Government Area, Mr. Abdullahi Yusuf, was also shot dead in his residence on Sunday evening when some gunmen broke into his house.

State coordinator of Neighbourhood Watch, Mr.Ola Azeez, who confirmed the killings in Kwal and Miango villages, said he was going to investigate the ones in Naraguta and Shimilang.

When contacted on phone, the state Police Command Public Relation Officer (PPRO), Mr. Gabriel Uba, said he was in a meeting and could not talk. He requested that a text message be sent to him, which was done.

His reply to the text message was: “I will make confirmation to it, sir. Please give me time to do that. Thank you. Stay

blessed and stay safe.�

The attacks on Plateau communities got to a peak in January, prompting the Governor, Mr. Simon Lalong, to order the arrest of Fulani leaders and community heads suspected of connivance.

Lalong was outraged by the killing of at least 15 persons after gunmen raided Kwatas village in Bokkos LGA. The attack came about two weeks after 12 people were killed in a similar incident in Kunben village in Mangu LGA. At an emergency meeting of community leaders and stakeholders, Lalong ordered the arrest of the Fulani leaders, saying “it is no longer business as usual.�

He said the state government could no longer fold its arm and watch citizens being killed by others. “I have changed, it is no longer business as usual.

People cannot continue to die and we do nothing about it.

Arrest all Ardos-Fulani leaders, community heads until they produce the killers. “How can they say that people are killed and there is no arrest? Are those killing others spirits? I don’t think you can kill 15 human beings and claim you are spirit and there is no arrest. “All community leaders should be in the cell. Arrest them now; nobody is above the law. If they don’t produce the killers keep them in the cell. Nobody has immunity except me and the deputy governor. This is my charge today, that all Ardos in the affected communities must be in the cell,� the governor had said Barely one month after the community leaders were arrested for interrogation in connection with the killings, they were arraigned before the Chief Magistrate's Court, Kasuwa Nama, sitting at the Jos Metropolitan Development Board (JMDB) and granted bail.

The suspected persons were initially taken to Abuja by the Inspector General of Police Intelligence Team but were transferred back to Plateau State Investigation and Intelligence Department, Jos for prosecution.

positive performance in April.

Commenting, Senior Equity Research Analyst at Cordros Capital, Mr. Mustapha Wahab, said the April’s market return pointed to the fact that equities risks appeared to have been largely priced in. “For us in Cordros, we believe the ultra-selloffs witnessed in March were an overreaction and that the market is now in a stronger condition than at the beginning of this COVID-19 episode. In other words, the panic element has eased significantly in our opinion. There have been a few developments over the recent past weeks, which I believe provide respite for investors. For one, Nigeria received the International Monetary Fund (IMF)’s approval for $3.4 billion (N1.2 trillion) loan request.

The approval came earlier than expected and is the IMF’s largest COVID-19 emergency financing provided to date.

While the loan will do little to address the significantly stressed balance of payment condition, it sure will provide some notable support to the 2020 budget in a year where government spending is necessary,� Wahab said.

He added that the positive results posted by some companies in the Q1 of 2020, also impacted the growth posted in April. “On the corporates side, we have seen some fairly impressive first quarter results thus far. The cumulative banks' earnings that have been published to date show earnings growth of eight per cent, with core income lines and asset quality fairly strong. "For consumer goods companies, we like the fact that Nigerian Breweries Plc maintained revenue at last year’s level, even though profit was weaker (owing to high operating expenses).

As expected, MTN Nigeria Communications Plc delivered

strong numbers, driven by strong growth across revenue lines,� he said.

A stockbroker and Managing Director of APT Securities and Funds Limited, Mallam Garbar Kurfi, said most prices hit very comfortable valuations in March due to the exit of foreign investors fear of naira devaluation. “Many stocks fell to very low levels and the only way is to appreciate. For instance, Zenith Bank fell to N10.85; GTBank to N16.80; Nigerian Breweries Plc, N22.00; Nestle Nigeria Plc, N760; and Dangote Cement Plc, N117 among others.

"Also, the good dividend declared by some of the companies attracted more demand, which eventually led to the gain recorded in the month,� Kurfi said.

He added that the federal government’s decision to relax the lockdown on Lagos, Ogun States, and Federal Capital

Territory and the approval of IMF for $3.4 billion gave hope to the economy.

Another stockbroker and Managing Director of Network Capital Limited, Mr. Oluropo Dada, said the digital channels deployed by the NSE to support remote trading, which was overwhelmingly embraced by the traders, was also a contributing factor. “Everything worked seamlessly to the advantage of the market. The Q1 results of those big banks that provides over 65 per cent of the trading activities in the sector were released to the market and those results compared favourably with the historical records, meaning that those banks are still creating values.

Also, dividend declared for 2019 financial years were paid by major banks during the month, thereby providing liquidity to the shareholders and by extension to the market,� he stated.

THE RISK HEIGHTENS‌ Traders at the ever-busy Mile 12 market in Lagos‌yesterday

sunday adigun

Court Awards N1m against FG for Disrupting #RevolutionNow Protest Davidson Iriekpen A Federal High Court in Lagos has slammed N1million fine on the federal government for disrupting the #RevolutionNow protest of August 5, 2019.

It also ordered the government to publicly apologise to those behind the #RevolutionNow in three national daily newspapers for disrupting their protest.

The court awarded the N1 million in favour of a Lagos-based lawyer, Mr. Olukoya Ogungbeje, who said he participated in the #RevolutionNow protest and was among those tear-gassed

by security agents.

Ogungbeje, who instituted the suit against the government, had participated in the nationwide protest organised by Mr. Omoyele Sowore who was arrested by the Department of State Services (DSS) on August 3.

He said himself and other participants were deprived of their right to peaceful assembly and association, as enshrined in sections 38, 39 and 40 of the 1999 Constitution.

The applicant told the court that before agreeing to participate in the protest, he checked and made sure it was lawful.

Narrating his ordeal at the take-off point in Lagos, he said: “I met agents and operatives of the respondents who had barricaded the venue of the peaceful protest for good governance in Nigeria.

"I was teargassed by agents of the respondents and the peaceful protest was forcefully disrupted by the respondents. “I have been denied my fundamental constitutional rights of peaceful assembly and association by the respondents, without cause.�

Ogungbeje asked the court to award a cost of N500 million against the government.

Delivering her judgment,

Justice Maureen Onyetenu agreed with the applicants that the federal government deprived them of their right to peaceful assembly and association, in violation of sections 38, 39 and 40 of the 1999 Constitution.

She described the disruption of the protest by the police as “illegal, oppressive, undemocratic and unconstitutional.�

The judge also condemned the mass arrest, harassment, tear-gassing and detention of the protesters.

But the judge upheld the submission of the DSS that it was not involved in the disruption of the protest.

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NEWS

Buhari, at NAM Summit, Rallies Global Support against Pandemic Omololu Ogunmade in Abuja President Muhammadu Buhari yesterday called for intensified global cooperation as the only way to arrest the devastating effect of COVID-19.

The president, while participating in a videoconferencing Summit of Heads of State and Government of the NonAligned Movement (NAM) organised by President of the Republic of Azerbaijan and Chairman of the NAM, Ilham Aliyev, called on international financial institutions to assist member-states in cushioning the impact of the pandemic.

According to him, such assistance could be by extending concessional loans, giving technical support as well as lowering of tariff on medical equipment and consumables.

He also listed other international measures to adopt in tackling the scourge to include: sharing of expertise in case management, adopting open trade policies and outright debt cancellation. “Within the spirit of Southsouth cooperation, we must also assist one another, particularly the less developed and less endowed member states with technical, medical, and financial assistance.

"It is by so doing that we can rightly claim to uphold

the Bandung Principles of equality, mutual interests, and cooperation,’’ Buhari said.

The president pledged Nigeria's commitment to intensifying efforts in monitoring, testing and isolating more people, especially at the community level.

Special Adviser to the President on Media and Publicity, Mr. Femi Adesina, in a statement, said the president noted that national, regional and global strategies were needed to combat the pandemic, which had ravaged humanity and devastated the well-being of people, livelihoods and global economy.

The president highlighted global efforts being made to contain the disease with a particular reference to the West African sub-region. “The theme of this extraordinary Summit ‘United Against COVID-19 Pandemic,’ aptly reflects the importance for a proactive approach and the need for multilateral cooperation in finding quick solutions to the challenges that COVID-19 pandemic poses to our nations. “Since the outbreak of the disease, countries have made concerted efforts to limit the spread of the pandemic within and outside their borders as well as treating those infected by the virus “Two weeks ago, we in West

Africa came together to work out a common sub-regional response to the crisis. The summit appointed me the champion to lead our efforts on fighting the pandemic in our region,’’ he said.

He explained that the international community was facing a daunting task and canvassed the intensification of efforts to reduce the impact of COVID-19.

He added that only the cooperation of the global community could conquer the virus.

While advocating the principle of collective responsibility in fighting the disease, Buhari stressed the need to empower medical experts and scientists to quickly find a vaccine to cure COVID-19. “It is now clearly evident that no nation can independently and singlehandedly tackle a pandemic of this nature which is no respecter of borders, regions or status,� he said, adding: “Invariably, enhancing multilateral cooperation through exchange and sharing of best practices is imperative to overcome the disease. We must,

therefore, form a united front against this common enemy by being coordinated and timely in our responses.�

He said nations must encourage and empower their scientists and medical experts to join the quest for a vaccine and cure to the universal plague."

The president called for support and collaboration with the United Nations and World Health Organisation (WHO) in fighting the pandemic with machinery put in place to protect health workers. “It is, therefore, essential to fully collaborate and support their initiatives in coordinating the international fight against the pandemic.

"Such efforts should include the protection of our medical workers, provision of medical supplies, especially test kits and ultimately, finding a vaccine to cure the disease," he said.

According to the president, efforts are being made by Nigeria to control the spread of the virus in Nigeria and also reduce the economic effects.

He stated the efforts: "We have closed our land borders and airports and reduced seaport activities in a bid to

curb imported cases from entering the country. “Unfortunately, the number of confirmed cases continues to rise as a result of community transmission of the disease. “Accordingly, we have increased our efforts to monitor trends of the disease, established more isolation centres and stepped up testing at the community level and of potentially vulnerable groups."

He told the meeting that various relief materials were handed out, including medical and food supplies as well as conditional cash transfer to about 3.6 million vulnerable households affected by the stay-at-home order.

He said the government responded to the economic needs of citizens by supporting households and Micro, Small and Medium Enterprises (MSMEs) affected by COVID-19.

The President of the UN General Assembly, Prof. Tijjani Muhammad-Bande, said his office would continue to work with NAM to promote partnerships, galvanise the engagement needed to defeat COVID-19 and reduce its impact on communities.

Muhammad-Bande also commended WHO, NAM member-states, civil society groups and the private sector, for providing support and services in the fight against the pandemic as he highlighted the adverse effects of the disease on mankind. ‘‘COVID-19 has disrupted billions of lives with farreaching effects on the health and livelihoods of people. ‘‘The International Labour Organisation estimates that workers will lose as much as $3.4 trillion in income by the end of 2020. Global health systems are under enormous stress and global travel has been severely impacted. ‘‘States, corporations and families are already counting losses that could only be imagined in a state of war.

Without alternative sources of income, workers and their families will have no means to survive,’’ he said.

He noted that the pandemic has deepened the hitherto inequalities between and among nations and also strained tenuous systems, plunging many nations into deeper poverty and hunger.

Oil Workers Warn against Arbitrary Sacking, Unfair Labour Practices

Ugo Aliogo

The Nigerian Union of Petroleum and Natural Gas Workers (NUPENG) and the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) have warned oil firms against sacking their members.

The unions said they had received reports from members of attempts by some multinational and indigenous oil and gas companies to sack, reduce salaries and introduce indecent work system for workers in the industry on the excuse of the economic crisis caused by the COVID-19 pandemic.

In a statement signed by the National President of NUPENG, Mr. Williams Akporeha, and President of PENGASSAN, Mr. Ndukaku Ohaeri, among others, the leadership of the unions sympathised with the employers over the negative impacts of COVID-19 on the industry, business operations, and earnings.

They also stated that the issue of arbitrary sacking, terminations or introduction of indecent working conditions coupled with non-procedural behaviour should be avoided at all cost, “as they would not bring anything good to anyone in both short, medium and long terms.�

According to the statement: “The leadership of NUPENG and PENGASSAN condemn these moves and vow to resist them with all our might, as the moves are seen as unfair to the

selfless and patriotic services of the Nigerian oil and gas workers to these companies and the nation over the past highly productive years and even when these workers are still fully participating in the frontline of the struggle against the pandemic rendering essential services. These moves, if not properly checked and managed by relevant authorities whose guidelines are being continually disobeyed by these organisations, will further complicate the already impoverished state of Nigerian oil and gas workers, their immediate family and others depending on the workers' incomes for living.�

They urged the federal government and agencies responsible for managing and regulating the industry to address the issue to prevent damaging consequences of the actions and reactions that may follow.

The unions threatened to embark on an action that would affect the industry, if the trend is not stopped and erring organisations are not called to order.

The statement added: “We earnestly implore these companies that in the same manners and the spirit they are making donations for the fight against COVID-19, they should also spare some kind thoughts for their workers and strive to keep them alive and on the job so as not to create social upheavals that would be more devastating than the COVID-19 pandemic.�

WELCOME TO CREEK HAVEN...

Bayelsa State Governor, Senator Douye Diri (left), and Air OďŹƒcer Commanding, Mobility Command, Yenagoa, Air ViceMarshal Ibikunle Ojeyemi, during a courtesy visit to the governor in Yenagoa...yesterday

Oshiomhole Hails CBN, Bankers’ Committee for Protecting Jobs Davidson Iriekpen The National Chairman of All Progressives Congress (APC), Mr. Adams Oshiomhole, has applauded the intervention of the Central Bank of Nigeria (CBN) and the Bankers’ Committee to halt job losses in the banking industry.

Rising from a meeting at the weekend, the CBN and the Bankers’ Committee agreed to halt any disengagement of workers, whether temporary or permanent ones, until further notice.

Responding yesterday,

Oshiomhole described the decision as patriotic.

He said: “I must commend the central bank and the Bankers’ Committee for their patriotic intervention on behalf of bank workers against the reported plan by one of the top banks to embark on mass retrenchment as their own response to the challenges imposed by the COVID-19 pandemic. “While there is no doubt that these are tough times nationally, continentally and globally, I am of the opinion that what the moment demands is creative

thinking to minimise the social costs. Job losses only mean plunging more people into hardship and trauma. “As President Muhammadu Buhari has said, more creativity is what is needed at this moment to cut waste and get our priorities right at all levels.�

According to him, the president had already taken the initiative by setting up a high-powered think-tank headed by Vice President Yemi Osinbajo to draw up an action plan to help the nation mitigate the consequences of this global problem.

He said he was confident that with everyone working together, the nation would emerge from the prevailing challenge stronger. “From records, our banks have been doing well in the past years by making profits that put smiles on the faces of shareholders. I am sure that such shareholders, being patriots themselves, won’t mind sacrificing a fraction of their profits for 2020 to preserve jobs and ensure that workers and their dependents don’t suffer on an account of job losses,�

Oshiomhole said.

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PAGE EIGHT FINALLY, FG RECEIVES $311M ABACHA LOOT FROM US, JERSEY Federation (AGF) and Minister of Justice, Mr. Abubakar Malami (SAN), said in a statement in Abuja that the amount increased significantly from over $308 million mentioned in the press release issued in February 2020 to over $311million because of the interest that accrued from February 3, 2020 to April 28, 2020, when the fund was transferred to the Central Bank of Nigeria (CBN).

The minister, in the statement issued by his media aide, Dr Umar Gwandu, explained that in line with the agreement reached with the repatriating countries, the money would be used to fund the reconstruction of the Lagos-Ibadan Expressway, Abuja-Kano Road and the building of the Second Niger Bridge.

He noted that the litigation process for the return of the assets titled: “Abacha III� commenced in 2014 while the diplomatic process that culminated into the signing of the Asset Return Agreement on February 3, 2020, by the Federal Republic of Nigeria, the United States and the Bailiwick of Jersey commenced in 2018. “This agreement is based on international law and cooperation measures that set out the procedures for

the repatriation, transfer, disposition and management of the assets," he added.

The statement noted that the recovery effort consolidated on the record of the President Muhammadu Buhari-led administration, which recovered $322 million from Switzerland in 2018 that is being deployed in supporting indigent Nigerians as specified in the agreement signed with Switzerland and the World Bank.

Malami, who led the negotiation team, noted that the tripartite agreement and the process towards the implementation represent a major watershed in international asset recovery and repatriation as it seeks to provide benefit to victims of corruption. “In line with the 2020 Asset Return Agreement, the fund has been transferred to a Central Bank of Nigeria Asset Recovery designated account and would be paid to the National Sovereign Investment Authority (NSIA) within the next 14 days. The NSIA is responsible for the management and execution of the projects to which the funds will be applied,� the minister said.

According to him, Nigeria is in the process of establishing a project monitoring team to oversee

the implementation of the projects and report regularly on progress made to the public.

"To ensure transparent management of the returned assets, the Nigerian government will also engage a civil society organisation, who has combined expertise in substantial infrastructure projects, civil engineering, anti-corruption compliance, anti-human trafficking compliance, and procurement to provide additional monitoring and oversight," he stated.

Malami called for greater cooperation and mutual respect amongst countries in the implementation of expeditious cooperation measures already set out in the United Nations Convention Against Corruption and in the implementation of the Global Forum on Asset Recovery (GFAR) principles on the repatriation of stolen assets.

He assured Nigerians that the federal government would ensure that the returned assets are transparently managed.

The recovered funds were said to have been laundered through the US banking system and then held in bank accounts in the Bailiwick of Jersey.

In 2014, a US Federal

Court in Washington D.C. forfeited the money as property involved in the illicit laundering of the proceeds of corruption arising in Nigeria during the period from 1993 to 1998 when the late General Abacha was Head of State.

In 2017, the federal government filed a case in the Bailiwick of Jersey to assert its authority as the owner of the funds and as the victim of the action of the late Abacha.

The United States and Jersey had agreed with Nigeria to repatriate more than $300 million in funds.

The governments of Nigeria, Jersey and the United States had said in a statement that they had entered into an asset recovery agreement to repatriate forfeited assets to Nigeria.

The funds were laundered through the U.S. banking system and then held in bank accounts in Jersey in the name of Doraville Properties Corporation, a British Virgin Islands company, and in the name of the son of the ex-military ruler. “This agreement has culminated in a major victory for Nigeria and other African countries as it recognizes that crime does not pay and that it is important for the international community to seek ways to support

Meanwhile, the Senate yesterday asked the federal government not to expend the $311 million recovered from the United States and the Bailiwick of Jersey without the fund being appropriated by the National Assembly.

Chairman of the Senate Committee on Media and

Public Affairs, Senator Ajibola Basiru, told THISDAY that it will be illegal for the Presidency to spend the recovered fund without proper appropriation by the National Assembly in line with the provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

Asked if it is appropriate for the federal government to have voted the recovered fund for the completion of three major projects namely Lagos-Ibadan railway, AbujaKano highway and second Niger Bridge in Onitsha, the Senate spokesman expressed doubt that the Justice minister would have made such utterances.

According to him, the Justice minister should know better as the chief law officer of the country that appropriate procedures for the National Assembly to appropriate the said funds are strictly adhered to.

"I don't think the Honourable Attorney General of the Federation said the money will be spent without appropriation. He is the Chief Law Officer of the Federation and I believe he knows how to ensure appropriate laws and procedures are followed to manifest the intention of the federal government," Basiru stated.

alongside the provision of basic infrastructure of electricity, transportation medium, and security.

"Ultimately, there must be a conscious attempt at curbing corruption across all levels. This in the least will reduce leakages, which could have been deployed to bringing prosperity to the people,� he said.

However, an economist and Associate Professor at the Lagos Business School, Mr. Bongo Adi, queried the data, but said poverty reduction could only be private sector-led.

Adi said: “The government has failed in many ways and the little resources available to it don’t seem to have been properly utilised.

Let stakeholders agree to minimise the shocks and risks on the economy. “Government has to be sincere and get ready resources to subsidise wage bill for so many of these companies that are huge employers of labour, especially some banks, oil companies and so on because everybody’s back is against the wall.�

Also, Prof. Uche Uwaleke of the Nasarawa State University told THISDAY that although the study indicated an improvement in living standards over time, "more people may have dropped below the poverty line than this survey result suggests."

He called on the government to capitalise on the survey results and seize the opportunity of the COVID-19 pandemic to pursue pro-poor policies.

He said: "Of note is the use of a consumption expenditure approach rather than income measure, which the NBS justified as being in line with best practice.

If the new national poverty line is N137,430 or $361 per

person per annum which translates to $ 0.98 per day and captures about 40 per cent of the total population, it tells of considerable improvement over the years.

"The same conclusion can be drawn regarding the Gini index, a measure of economic inequality, which has seemingly improved from over 50 to 35. Be that as it may, given the country's average growth rate in the last 10 years vis-a-vis population growth rate, it stands to reason that more people may have dropped below the poverty line than this survey result suggests."

A former DirectorGeneral, Abuja Chamber of Commerce and Industry (ACCI), Dr. Chijioke Ekechukwu, predicted an increasing gap in inequality, stressing that the poverty index has been compounded by the dramatic economic downturn.

Also speaking with THISDAY, an Associate Professor of Agricultural Economics at the University of Port Harcourt, Dr. Anthony Onoja, said the development could further weaken aggregate demand in the economy as well as reduce economic growth, leading to a recession.

He said: "Another major implication of this poverty index is its relationship with the food crisis recorded in 2019, especially in conflict zones and the looming famine that the whole country may soon reel into unless adequate and timely policy measures are taken."

He explained that apart from the impacts of conflicts and insecurity, weather extremes, threatening pests and economic shocks, COVID-19 will likely worsen the country's poverty index in 2020.

sustainable development through the recovery and repatriation of stolen assets,�

Malami had said.

Nigeria has been working with governments around the world in recent years on an asset recovery scheme to help repatriate stolen funds to boost its finances.

The government did not state how much in total it believes Abacha stole.

As of 2013, Nigeria had recovered about $1.3 billion of Abacha’s money from various European jurisdictions, with more than a third of that from Switzerland.

The Swiss government in 2017 said it would return to Nigeria about $321 million in assets seized from Abacha’s family via a deal signed with the World Bank

Senate Cautions against Use of Recovered Loot without Appropriation

ANALYSTS SEEK FG’S FOCUS ON JOB CREATION TO REDUCE POVERTY per year, individuals living in households whose per capita annual consumption expenditure is below the threshold are regarded as poor by national standards.

According to the report, Sokoto State tops the chart of the highest poverty rate in the country with 87.73 per cent of its population living below the poverty line while the lowest rate is in Lagos with 4.50 per cent.

NBS, however, excluded Borno State from the study as the sample collected was not representative of the whole state because some parts could not be accessed obviously as a result of the insecurity challenges bedeviling the region.

The NBS put urban poverty index at 18.04 per cent while the rural poverty rate is estimated at 52.10 per cent.

The report also estimated the country's current national inequality index (Gini coefficient) at 35.1 per cent with the urban and rural indexes accounting for 31.9 per cent and 32.8 per cent respectively.

It stressed that on the average, four out of every 10 Nigerians had their real per capita expenditures falling below N137, 430 on an annual basis of N369 per day in the households.

However, the Harmonised Nigeria Living Standard Survey (HNLSS) 2009/2010, previously published by the NBS had put the country's poverty index at 69.0 per cent.

Also, in October 2018, the United Nations Development Programme (UNDP) in collaboration with the NBS released the Nigeria Human Development Report 2016, which estimated Nigeria’s poverty index at 53.7 per cent.

But the statistical agency cautioned that it is technically impossible to compare the current poverty levels (2018-2019) with the 2003-2004, 2009-2010 outcomes- as the methods of data collection are not similar.

The Statistician-General/ Chief Executive, NBS, Dr. Yemi Kale, said the accuracy and costeffectiveness introduced in the 2019 survey made data and statistics from previous poverty reports incomparable.

He said: "The 2019 study is accordingly treated as a base study and any comparisons with previous poverty studies should be treated with caution."

According to the report, Abia, Adamawa, and Akwa Ibom have poverty rates of 30.67 per cent, 75.41 per cent and 26.82 per cent respectively.

Others are Anambra 14.78 per cent, Bauchi 61.53 per cent, Bayelsa 22.61 per cent, Benue 32.90 per cent, Cross River 36.29 per cent, Delta 6.02 per cent, Ebonyi 79.76 per cent and Edo 11.99 per cent.

Others include Ekiti 28.04 per cent, Enugu 54.13 per cent, Gombe 62.31 per cent, Imo 28.86 per cent, Jigawa 87.02 per cent, Kaduna 43.48 per cent, Kano 55.08 per cent, Katsina 56.42 per cent, Kebbi 50.17 per cent and Kogi 28.51 per cent.

Other states include Kwara 20.35 per cent, Lagos 4.50 per cent, Nasarawa 57.30 per cent, Niger 66.11 per cent, Ogun 9.32 per cent, Ondo 12.52 per cent, Osun 8.52 per cent, and Oyo 9.83 per cent.

Plateau, Rivers, and Sokoto have poverty rates of 55.05 per cent, 23.91 per cent, and 87.73 per cent respectively while Taraba, Yobe and Zamfara recorded

87.72 per cent, 72.34 per cent and 73.98 per cent respectively.

The Federal Capital Territory (FCT) has a poverty index of 38.66 per cent.

Analysts Call for Job Creation, Focus on MSMEs Reacting to the NBS data, the Head of Research, United Capital, Mr. Wale Olusi, described the latest poverty figure as an improvement on the old data that put about 100 million people as being poor. “Regardless, 82 million people living below poverty is a staggering number and it tells our policy makers that we still have a long way to go and we still need to do a lot. “And with the coronavirus pandemic and the outlook for the economy over the next couple of months or years, that number can go higher.

If you have devalued the naira and prices go up and more people lose jobs, price of oil collapses continuously for another six months, it simply means that things are likely to get more difficult,� he said in an interview with THISDAY. But he urged the federal government to focus on job creation to address the situation.

He said: “There is a lot the federal government and the Central Bank of Nigeria are doing, but more importantly they need to create jobs. We need to find a way to convert the abundant human resources Nigeria has. “Agric still contributes to the economy and it can do up to 50 per cent because of the vast fertile lands we have. The government

needs to think of how we can put the bulk of these unemployed people on the farm. “We can focus on the sector and then select a number of crops we want to specialise in. For example, Cote d’Ivoire and Ghana are the leaders in cocoa production and Nigeria also has an abundant cocoa farming capacity which we can also focus on. “The future judging by everything happening now is going to be driven by technology, investment in healthcare and education but then again food is not going anywhere and agric is the mainstay of the global economy because human beings have to feed to stay alive. “We need to invest in education, healthcare, and then agric. We have a competitive advantage in those areas because it can employ more people, produce for the world and it can help reduce this poverty ratio over time.�

The Head of Research, Afrinvest West Africa, Mr. Abiodun Keripe, told THISDAY that the federal government should start its anti-poverty policy with the provision of basic and quality education at the villages and rural level.

This, he added, would significantly reduce the estimated 13 million out-of-school children of which nearly half are girls according to data from the UNICEF. “On the side, skills development should be encouraged while continually promoting entrepreneurship at the grassroots. “To support this, there must be an enabling and supportive policy environment, which must be provided by the government

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TUESDAY MAY 5, 2020 • T H I S D AY

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TUESDAY, Í˝Ëœ ͺ͸ͺ͸ Ëž T H I S D AY

NEWS FG EXPRESSES CONCERN OVER NON-COMPLIANCE WITH GUIDELINES, WARNS OF ANOTHER LOCKDOWN spread of COVID-19 yesterday, warning that if that happens it would have no choice than to shut down the country.

President Muhammadu Buhari had caved in to pressure last Monday, relaxing the lockdown effective from yesterday but had mandated the Presidential Task Force on COVID-19 to issue guidelines on the general conduct of citizens during phased reopening of the economy and social life.

The basic rules of maskwearing and physical distancing were routinely disobeyed yesterday by many Nigerians who hit the roads of Abuja and Lagos in frenzied efforts to catch up with lost income-earning activities that had been locked down for weeks.

The crowds massed at the bus stops and bank branches, raising concerns about the acceleration of community transmission of the virus.

Incidentally, the tally of confirmed cases of the virus rose by 245 yesterday, the highest daily rise since the February 27 index case, bringing the tally to 2,802 with 93 deaths and 417 persons discharged across 34 states.

The new cases were reported from 16 states, including Lagos 76, Katsina 37, Kano 23, FCT 19, Jigawa 32, Borno 18, Edo 10, Bauchi nine, Adamawa six, Oyo five, Ogun five, Ekiti one, Osun one, Benue one, Niger one and Zamfara, one.

Addressing the press yesterday in Abuja during its daily briefing on efforts to control the pandemic, officials of the task force, particularly, its Chairman, Mr. Boss Mustapha, and the Director-General of the Nigeria Centre for Disease Control, Dr. Chikwe Ihekweazu, expressed concerns about the general negligence of Nigerians, fearing that it could lead to the escalation of the deadly infection. “Yes, we might have a few infections from today and tomorrow but what we do worry about is an explosion,� he said, warning: "If we do have an explosion, there will almost be no choice left for the leadership of the country than to ask all of us to go back into our homes.�

He urged Nigerians to conduct themselves based on the issued guidelines in order to check the spread of the virus.

Ihekweazu said the banks engaged in conducts that fuelled the violation of the safety guidelines, pointing out that there was over-crowding in the few branches of banks that were opened for operations yesterday.

He said: “One of the biggest groups that were allowed to restart business today (yesterday) were the banks.

But many banks have now limited the number of branches that were open. Yes, there are advantages; but when you limit the number of branches that are opened, everybody goes to the one branch that is opened and that becomes counter-productive. “So, there is always so much we can do. We can produce all the guidelines in the world and put them on television, do press conferences, if organisations are not going to come up and support the implementation of these measures and help us manage the risk and focus on a risk-based approach because it is not the guidelines per

se, it is the thinking behind it, how do we manage the risk of exposure, the risk of transmission? "Today (Monday), we will have infection because of what happened at the banks, no doubt about that. But how can we learn from the mistakes of today into tomorrow and next tomorrow, so by Friday, we have hopefully normalised some of these things?

"Yes, we knew today would be a problem because, for the first time, people were let out of their homes but now they are out and we have seen the sunlight again, the challenge for us as a society is how do we now organise ourselves to mitigate these risks and limit transmission?

FG Directs Suspension of Deportation of Almajiris Mustapha, in his briefing, expressed concerns about the infractions of the guidelines and appealed to Nigerians to comply with them in the interest of all.

He faulted the repatriation of Almajiris by the Northern States Governors’ Forum.

He said it was at variance with the guidelines issued by the federal government on the nationwide ban on interstate movements. “There has been very noticeable relocation of Almajiris from one state to another, up until yesterday. With the ban on interstate movements, the continuation of this exercise will not be in alignment with the guidelines issued. The PTF shall engage with the respective state governments on how to achieve their objectives,�

Mustapha said.

He noted that the objective of the nationwide ban on interstate movements was to mitigate the spread of the virus across state boundaries, adding that the enforcement of the policy must align with the president’s directive.

The SGF said violators of the measures would be prosecuted, adding: “It is still desirable to stay at home if there is no compelling reason to go out and to comply with the measures always, whether at home or not.�

Mustapha also condemned reports about medical facilities and doctors turning back sick patients for fear of their illnesses being COVID-19-related.

He appealed to medical facilities, especially public hospitals, not to neglect the treatment of other ailments because such actions could result in avoidable deaths.

Vaccines to Be Ready in 12 – 18 Months, Says WHO Responding to questions on the stages so far attained by researchers on developing curative vaccine against the pandemic, the WHO Country Representative in Nigeria, Dr. Fiona Braka, said there had been an accelerated effort to get a vaccine ready between the next 12 to 18 months.

"Thanks to rapid sharing of sequencing data from countries; we are able to advance production of vaccines and we do acknowledge the contributions of countries in sharing their genetics sequencing data, including Nigeria. And so, the first vaccine trials started as early as 60 days just after the genetic sequencing information was

shared by China,� she said.

According to her, there are about 89 vaccine products and the numbers are still being updated because there is an accelerated effort going on globally to find vaccine for the virus.

"It takes years to develop a vaccine but with the acceleration of this effort we are hopeful that with an expedited process, we are probably looking at 12 to 18 months before the first product will be available," she stated.

Chinese Doctors Working at Isolation Centres Minister of Information and Culture, Alhaji Lai Mohammed, said at the briefing that Chinese doctors, who came to Nigeria over a month ago, were working at isolation centres.

He added that the Chinese medical team was also helping the country to build capacity. “The Chinese are doing well; they all tested negative for coronavirus. As to what they are doing right now, they are busy working at our isolation centres, putting together and setting up the equipment they brought. “They are helping our doctors in capacity building in the centres. Like we said at the beginning, none of the Chinese doctors will be treating any patient in Nigeria,� he stated.

Mohammed also used the occasion to thank journalists for their laudable coverage of the pandemic.

The minister said the tribute to all journalists was on the occasion of the observance of the World Press Freedom Day, set aside by the UN, on the recommendations of UNESCO in 1993, to celebrate the fundamental principles of Press Freedom.

Evacuation of Nigerians abroad Begins Tomorrow The Minister of Foreign Affairs, Mr. Geoffrey Onyeama, stated that the evacuation of Nigerian citizens from COVID-19-burdened countries would commence tomorrow.

Though about 4,000 Nigerians have indicated interest to be evacuated from across the world, Onyeama said about 200 persons would be lifted in the first phase of the exercise aboard an Emirate flight from Dubai.

He explained that the Lagos State Governor, Mr. Babajide Sanwo-Olu, had helped in securing almost 300-bed accommodation to ease off the challenge of finding a space where the returnees would be quarantined.

Onyeama said another set of 300 Nigerians would be flown in on Friday from the United Kingdom aboard a British Airways flight bound for Lagos, while the government was working out a deal with Air Peace for another flight on Saturday. “Since the flight is coming empty from London, we have negotiated with the British government to bring 300 or a bit fewer Nigerians. Ideally, we would like the flight to come to Abuja as we have secured 1,000 hotel rooms in Abuja, but it is not possible as the flight is bound for Lagos,�

Onyeama said.

FG to Disinfect Schools Nationwide

The Minister of Environment, Mr. Muhammad Mahmood, unfolded plans by the federal government, to disinfect and decontaminate schools nationwide before resumption.

He said the Federal Ministry of Environment would get the data of schools nationwide from the Federal Ministry of Education to carry out the job. “We are initiating a programme of decontaminating and disinfecting our schools before they open. “Because subsequently, in the phases (of reopening the lockdown), I believe we will get to that point when we start opening the schools. “So, we will be liaising with the Federal Ministry of Education to make sure we have the needed data to carry out the exercise,� he added.

Our Focus Right Now is Kano, Says FG On the situation in Kano State, Ihekweazu said the government was focusing on the state because of the emerging issues of increased infections.

He explained: “Earlier when we started this work, we gave a lot of briefings on what we were doing in Lagos because that was really where the burden of infection was at that time. Now we are focusing a lot of our energy on Kano. “This is not because Lagos State is no longer important; we still have the largest number of cases reported from Lagos every day, and it has about 50 per cent of all the cases in Nigeria. So, they need constant support and we will continue to give Lagos State that constant support. “However, we have an emerging issue in Kano, and, therefore, some of our thinking and resources have to focus on Kano. “The other thing we did was support the delivery of a new lab altogether; a new lab that was funded by the Aliko Dangote Foundation and delivered by a Nigerian company called 54gene. The entire conceptualization and delivery happened in seven days. We will over the weeks build up its capacity to 400 tests per day and plan to expand more. “We have Rapid Response teams right now deployed in 34 of the 36+1 states in Nigeria, supporting every state to build up their own response, department of public health, and the state epidemiologist,� he stated.

National Coordinator of the task force, Dr. Sani Aliyu, also said the federal government would recruit about 3,300 people to conduct a houseto-house search for suspected COVID-19 cases as part of measures to check the rate of the spread of the virus in Kano State.

Also, Minister of Health, Dr. Osagie Ehanire, said: “The setbacks in routine hospital service delivery in Kano are being addressed by line experts from the ministry; whether it is an omission from the National Primary Health Care Development Agency (NPHCDA) or the Department of Family Health, we have sent line officers to go and start rebuilding those service lines. A pathologist is participating in the investigation of the unexplained deaths in Kano. “I also, call on all health care facilities, both private and public not to reject persons

seeking medical help, especially in emergencies. It is unethical not to attend to persons in distress. I also urge citizens to go to the hospital when not feeling well and to cooperate by giving accurate information especially with regard to travel history.�

FCTA Issues Guidelines on Construction Sites The Federal Capital Territory Administration (FCTA) has also issued guidelines on easing of lockdown on construction sites.

The Director, Development Control, Mr. Mukhtar Galadima, directed that construction sites of a single structure shall not have more than eight workers, while commercial building site shall not have more than 15 workers. The guidelines said that construction sites of multiple structures shall not have more than 35 workers or as may be determined by the council.

Lagos Discharges 14 More Patients Meanwhile, the Lagos State government has discharged 14 more patients from its isolation centres, bringing to 261 the total number of successfully treated persons in the state.

Sanwo-Olu said yesterday that the discharged patients comprised six females and eight males.

He said: "Two of the persons are from the Mainland Infectious Disease Hospital, Yaba, seven from the Onikan Isolation Centre, four from the Lagos University Teaching Hospital (LUTH) and one from the Landmark Isolation Centre in Eti-Osa Local Government Area.

"With this, the number of patients successfully managed and discharged from our facilities is now 261.

Chaos as residents breach guidelines in Lagos, Ogun, FCT There were chaotic scenes on the first day of easing of the lockdown in Lagos, Ogun and Abuja yesterday as many residents acted in breach of the guidelines on protocols as directed by Buhari in a nationwide broadcast on April 27, on the partial reopening of business in Lagos, Ogun States and the FCT. Additional guidelines were also issued by Sanwo-Olu and the FCTA that all persons must adhere to the social distancing rule, mandatory use of face masks and the use of hand sanitisers when in public places, among others.

As federal workers resumed duties and commercial activities picked up in FCT, there were mounting concerns over massive breach of social distancing measures in the city.

Policemen were seen in many places in Abuja cautioning people who were not wearing face masks.

THISDAY checks showed that while returning workers in the ministries wore face masks and were subjected to the use of hand sanitisers before entering their offices, the situation in some banks was chaotic where the social distancing measures were breached.

Some banks in Area 3 in Garki District battled angry crowds that discarded the social distancing.

The situation in markets was not different as residents

struggled to gain access in choked spaces, especially in neighbourhood shopping centres.

FCTA authorities enforced the use of face masks, making it a precondition for entry to the markets while providing hand sanitisers.

THISDAY checks also showed that there was significant compliance with the face mask policy of government as commuters, petrol station attendants, pedestrians and shoppers all wore face masks, which sales had become a thriving business in Abuja.

In Lagos, the residents also trooped out in large numbers without complying with the directives of Sanwo-Olu. However, the policemen’s focus was on the arrest of commercial motorcyclists, whose operations were banned by the state government.

Bank customers also besieged financial institutions for transactions, without adhering to the guidelines.

Findings showed that most of the banks' customers who shunned the rule on social distancing were those who came to resolve complaints.

While the bank security personnel and officials tried to enforce the social distancing rules, findings showed that they were overwhelmed by the number of customers that thronged the banks.

In Lagos, some of the banks visited with a large number of customers were at Dopemu, Alimosho; Idimu; and around Gbagada/Oworonshoki.

In some email messages sent to bank customers ahead of the reopening of businesses, some of the banks had said they would be alternating branches to be open on a weekly basis.

Although all was quiet at the state's government secretariat at Alausa, where workers on grade level 14 and below were ordered to stay away, it was back to full business at Ikeja where the ever-busy Computer Village was bustling with activities.

However, the majority of the traders did not wear masks and did not observe social distancing order.

The situation was the same at Oshodi, Mushin, Ojota and Yaba where full trading activities had returned in earnest without any regard to the rules.

Most Lagos residents also invaded the banks as they struggled to get into the premises, a situation which caused a stampede at some branches.

It was worse at the Ogba branch of a new generation bank, the only branch opened for business at the Ogba Business District.

Hundreds of customers struggled with some resorting to fisticuffs in the bid to gain access to the premises.

Majority of the customers were without face masks as they struggled among themselves.

At Ojodu/ Berger area, the struggle for the few buses available was fierce.

Hundreds of stranded passengers seeking means to get to Lagos Island and environs could not get transport, even as motorists capitalised on the situation to increase their fare.

As at the 4 pm, most of the people seemed to have disregarded the 3 pm deadline given by the state government to close shop as business premises, including the banks were still opened.

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NEWS

Buratai Leads Troops to Kill 134 Insurgents Kingsley Nwezeh in Abuja The Military High Command said yesterday that the Chief of Army Staff, Lt. General Tukur Buratai, coordinated troops of Operation Lafiya Dole who decimated 134 insurgents.

It said the operation was part

of Operation Kanta na Jimlan launched to bring the war to an end.

It said troops had intensified the campaign on various fronts especially within the Timbuktu triangle, leaving the insurgents and their leadership in complete disarray and thus setting the

Court Grants Ex-minister, Tanimu Turaki Bail A Federal High Court in Abuja has granted bail to a former Minister of Special Duties and Inter-Governmental Affairs, Tanimu Turaki (SAN).

Turaki alongside three others were arraigned yesterday on a 16-count charge bordering on unlawful and criminal misappropriation of funds.

Other defendants are Sampson Okpetu, who served as his special assistant; Samtee Essentials Limited and Pasco Investment Limited — companies linked to Okpetu.

The Economic and Financial Crime Commission (EFCC) alleged that the ex-minister used the two companies belonging to his aide to illegally transfer funds.

Having taken a “not guilty” plea, Turaki’s lawyer, Mr. Joe Gadzama, asked the court to grant bail to his client.

The bail application was unopposed by the EFCC. Justice Inyang Ekwo consequently granted the defendants bail on selfrecognisance and on the same conditions granted to them in the administrative bail by the EFCC. The judge ordered them not to travel outside the jurisdiction of the court.

He also asked the EFCC to deposit the passports of the defendants with the court’s registrar.

The judge adjourned the matter till June 22 for trial.

conditions for the commencement of the final assault.

“The ongoing subsidiary operation in the North-east Theatre of Operation codenamed ‘Operation Kantana Jimlan’ being conducted as part of the conclusive phase of Operation Lafiya Dole is already recording monumental successes.

“The operation, which is being conducted preparatory to the final routing of BHT/ISWAP criminals from the Nigerian territory by the troops of Operation Lafiya Dole and coordinated by the Chief of Army Staff, Lieutenant

General Tukur Yusuf Buratai, has intensified on various fronts, especially within the Timbuktu triangle, leaving the criminal elements and their leadership in complete disarray and thus setting the conditions for the commencement of the final assault on their evil enclaves and hideouts,” it said.

A war update issued by the Directorate of Defence Media Operations (DDMO) said several Boko Haram and ISWAP targets were engaged with precision by the Nigerian Army Artillery Regiments of Operation Lafiya

Dole across the entire war theatre.

It said troops delivered accurate fire on the terrorists who fled in disarray.

“In one of such coordinated artillery bombardments conducted between May 1 and 2, 2020 around the Timbuktu Triangle general area by the Offensive Support Group of Operation Kamtana Jimlan, seven Boko Haram gun trucks were destroyed while 78 BHT/ISWAP fighters were killed as confirmed by both aerial and human intelligence,” it said.

The update signed by the Coordinator of the DDMO,

Major General John Enenche, said within the same period, another successful artillery engagement to Buk in Damboa LGA of Borno State resulted in the killing 56 insurgents.

“Acting on intelligence that a large number of BHT members were converging at the location which they erroneously considered as being safe from aerial bombardment, the gallant troops of the Nigerian Army Artillery Regiments acquired and engaged the location with deadly precision, inflicting heavy casualties on them.

PDP Alleges N33bn Fraud in NEMA Chuks Okocha in Abuja The Peoples Democratic Party (PDP) yesterday charged Vice President Yemi Osinbajo to come clean on the N5.8 billion National Emergency Management Agency (NEMA) scandal for which he was reportedly fingered by an investigative committee of the House of Representatives.

The party also charged the Muhammadu Buhari presidency to immediately prosecute the sacked Director General of NEMA, Mustapha Yunusa Maihaja, who was also indicted by the House of Representatives over alleged embezzlement of N33 billion in the agency.

According to PDP in a statement issued by its National Publicity Secretary, Kola Ologbondiyan, “The party stands with Nigerians in rejecting this unpardonable pat in the wrist of allowing Maihaja to leave office without investigation

and prosecution in order to recover the allegedly embezzled fund.

“Our party believes that the failure to prosecute the indicted former NEMA director general is a ploy to shield top officials in the All Progressives Congress (APC)-led administration, who are alleged to be involved in the series of scam in NEMA, while the masses, for whom the fund was meant to serve, continue to suffer neglect and untold hardships.”

The PDP insisted that the sacking of Maihaja should not be used as an excuse to foreclose an investigation into the huge fraud in NEMAunder Osinbajo’s watch as chairman of Governing Board of the agency.

The party described the sleaze in NEMA as an indelible smear on the Buhari presidency, and charged the Economic and Financial Crimes Commission (EFCC) to immediately take in Maihaja for questioning, and if found wanting, prosecute him.

Ogun PDP Congress Followed Due Process, Kashamu Insists The governorship candidate of the Peoples Democratic Party (PDP) in the 2019 elections, Senator Buruji Kashamu, has said that the recently held congresses of the party, which produced a new set of party executives in the state, followed due process.

Kashamu stated this in a statement entitled “Setting the records straight on Ogun State PDP executive committee” released in Lagos at the weekend.

According to the former lawmaker, the statement became imperative in the light of what he described as the falsehood and misinformation being peddled by some people.

Kashamu said contrary to the lie being bandied in some quarters, that an order was made

by Justice Inyang Ekwo of the Abuja Division of the Federal High Court stopping the conduct of

PDP congresses in Ogun State, there was nothing of such.

He explained that a suit was filed by some people in the name of the PDP against the authentic Ogun State PDP Executive Committee seeking a review of the judgment which had ordered that only the said authentic Ogun State PDP Executive Committee could conduct congresses or primaries of the PDP in Ogun State.

According to him, “The reliefs sought were to the effect that the court should decide that because of some Supreme Court Judgments (that allegedly suggest that only the NEC of a political party may conduct congresses and primaries), the judgment in Suit No. FHC/L/CS/636/2016 was not valid in empowering the Ogun State PDP Executive Committee to conduct congresses for its successors in 2020.

LOOMING COMMUNITY INFECTIONS...

Customers of one of the banks flouting guidelines on social distancing in Wuse, Abuja... yesterday

JULIUS ATOI

CJN Directs Courts to Stop Sittings until Further Notice The Chief Justice of Nigeria (CJN), Justice Tanko Muhammad, yesterday, directed courts to stop sittings pending the issuance of the National Judicial Council (NJC)’s guidelines for the reopening of courts amid the ravaging COVID-19 pandemic.

Muhammad is also the Chairman of the NJC. The CJN lamented that some courts had been sitting without waiting for the guidelines with

the attendant risks or exposing judges within the age bracket of high potential risk.

In his memo addressed to ‘All Heads of Courts/Judicial Bodies, Federal and State Judiciaries and which was posted on NJC’s website yesterday, the CJN said the committee was expected to recommend measures, including “how courts could leverage on Technology to hold virtual sittings or remote hearings.”

The memo titled, ‘Re: Implementation guidelines for the containment of COVID-19 issued by the Presidential Task Force on COVID-19’ and with reference number, NJC/CIR/ HOC/II/658 May 2020, stated, stated that in line with the phased easing of the lockdown by the PTF only staff on the Grade Level 14 and above should resume duty.

The memo also stated, “In addition, the National Centre

for Disease Control had made an announcement to the effect that we are now at community transmission phase of the COVID-19 pandemic.

“Furthermore, it is a fact that many of our judges and justices are in the high-risk category in terms of age bracket, resulting in many having underlying conditions that make them more vulnerable to the virulent manifestation of the disease once infected.

Killer Driver Sentenced to Death in Lagos’ First Virtual Court Sitting An Ikeja High Court in Lagos yesterday sentenced a driver, Mr. Olalekan Hameed, to death by hanging for the December 1, 2018 murder of Mrs Jolasun Okunsanya, 76, the mother of his employer, Adetayo.

Justice Mojisola Dada delivered the judgment in the Lagos State Judiciary’s maiden virtual court session.

The proceedings were approved

by Chief Judge, Justice Kazeem Alogba, in line with the Lagos State Judiciary Remote Hearing of Cases COVID-19 Pandemic Period Practice Direction.

The court session for the charge marked ID/9006C/2019, held online via a video app Zoom.

It began at 11a.m. and ended before 2p.m.

The judge, defendant, his team of counsel, the prosecution team led by Lagos State Solicitor-General Ms Titilayo Shitta-Bey and all witnesses participated in the session remotely from different locations via the Zoom app.

Hameed was arraigned on March 6, 2019 on a two-count charge of murder and stealing on Charge No. ID/9006C/2019.

The court heard that he

committed the offence at about 12:30p.m at plot 83, Owukori Crescent, Alaka Estate, Surulere, Lagos.

He pleaded not guilty, following which trial commenced.

The prosecution called several witnesses and tendered exhibits including the coroner’s report, stolen N97,500 and $117 recovered from the defendant and a confessional statement, among others.

“The only money I took was the N1,000, any other money I don’t know about it. I did not kill Mrs. Jolaso Ogunsanya,” Hakeem

told the judge during the trial.

But Justice Dada noted that prosecution witnesses’ testimonies that Hakeem was the only one with the deceased at the time of death and he was also seen scaling the fence of the deceased’s building afterwards, among others, were not disproved.

She said: “It is also an established fact that although the defendant went to the house of the crime to steal, the surprise of the deceased stumbling upon him led him to not just pushing the deceased, but actually strangulating her in a bid to keep her from crying out.

Senate Investigates SIP Cash Transfer Register Deji Elumoye in Abuja The Senate has launched an investigation into the federal government’s Social Investment Programme with a view to identifying the beneficiaries and the procedure adopted in selecting them.

The Chairman of the Senate Committee on Special Duties, Senator Yusuf Yusuf, disclosed

this to journalists yesterday.

He expressed dissatisfaction with the operational procedure adopted by the Ministry of Humanitarian Affairs, particularly its claims that it used a World Bank model to determine the beneficiaries.

He said, “It is an issue that is on the front burner of the National Assembly. We are considering how to improve on what we have on

ground with a legal framework.

“The proposed bill will produce a fair, constructive, clear, transparently accountable register of beneficiaries.

The bill will definitely improve the SIP.” The senator added that the National Assembly had not received any communication from the Federal Government on its request for N500 billion meant for disbursement to vulnerable Nigerians.

He said, “The SIP has what they call a national social register.

We are trying to scrutinise that register to find out who are the beneficiaries and how they came about the list.

“The register was as a result of world bank indicating that they can use citizens of the various communities. I have done my own investigation too and I’m still doing it.

T H I S D AY ˾ TUESDAY MAY 5, 2020

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POLITICS

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

The Accusation is against George Udom, but the Yoke is on Akwa Ibom Government Why is the Akwa Ibom State government fighting blackmailers and false alarmists masquerading as bloggers and online publishers? Nseobong Okon-Ekong explains

G

overnor Udom Emmanuel of Akwa Ibom State is a peacemaker, mediator and problem solver.

Even his most ardent critics dare not call him a brawler.

Some of his supporters might not like the way he treats his predecessor, Senator Godswill Akpabio with deserving courtesies in the face of apparent provocation. They still can’t fathom why he didn’t unleash his supporters who were anxious to go for the jugular of the front-liners of the All Progressives Congress (APC) in the state in the 2019 national elections, as well as, his tranquil disposition, that commends him to follow the Biblical injunction to pursue peace with all men. They do not admire that he convinced violent agitators to lay down their arms and become reformed and useful members of the society again or his perceptible political slogan, “Only God!” But this calm character may very well be Udom’s Achilles heel. Having positioned the government he heads as one with tact and composure, without appurtenances for the uproarious, it is now difficult to do any other thing than turn the other cheek in the face of annoyance.

That is why many stood with him despite the obvious flaws that returned an almost 100 percent success to the Peoples Democratic Party (PDP) in Akwa Ibom in the 2019 national elections. Udom, they argued, is too meek and suave to condone rigging, vote buying and other forms of electoral malpractices.

From rallying the support of his immediate constituency in Onna local government area and the larger Eket senatorial district through location of choice multi-million Naira industries in that environment, he has since advanced quietly to position his men in the recent election of ward and local government executives of the party in Akwa Ibom. Yet, many doubt the strength of the governor to get things done his way, albeit quietly.

By the piece, Udom is wearing down opposition, as reformist politicians across party lines throw their weight behind his purported candidate for the 2023 governorship contest.

Now he is confronted with a challenge that can ruin his sophisticated reputation if not we’ll managed. How does he deal with irritants on social media?

Akwa Ibom is in a class of its own when it comes to pervasiveness of the media.

With a population of 5.451 million people spread across 31 local government areas, a 2012 UNESCO List posts an impressive 70.7 percent literacy level in the state, ranking it 7th among Nigeria’s 36 states. Perhaps, this explains the popularity of all forms of media platforms in the state. It may not be wrong to number blogs and online media in their hundreds, energized by a youthful population who are inspired, but restless. In a state where there is hardly any other avenue for gainful employment than participation in partisan politics, these youths have constituted themselves into an immense lobby group that can be deployed by powerful politicians to wreck havoc on their opponents. They are the ‘Boko Haram’ of Akwa Ibom e who were once empowered by their paymasters to carry out dirty jobs, but having become comfortable with earning cheap money by ruining peoples character, they have chosen to carry on with that way of life, often arm-twisting their ‘victims’ with excessive monetary demands Sometimes, these bloggers and online publishers are fired on their own steam to prosecute a personal agenda that eventually recommends them to men in power. So, in the Akwa Ibom governor’s communication

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team, there is a Commissioner for Information and Strategy, a Chief Press Secretary/SA Media, SA New Media and SA Local Media, to mention a few, that is apart from sundry public relation consultants.

At any point in time, the media space in Akwa Ibom is a cauldron of repressed anger. It graduates to a steamy broil close to or in an election year, when all hell is let loose and every weapon of warfare appears fair in the hands of the mighty.

It is this chaotic media milieu in Akwa Ibom that respected journalist, Ray Ekpu sought to draw a meaning from when he said that a distinction should be made between journalists and bloggers, who he described as “N5000 dirty job artists.” Expectedly, the bloggers spared no concern for Ekpu’s age and professional integrity as they came for his head. The leadership of the umbrella body of bloggers, Coalition of Online Publishers, in the state would later admit that, Ekpu was unlucky to be caught in the middle of a longstanding faceoff between mainstream journalists and bloggers.

Bloggers and online publishers are no respecter of persons and institutions. They are likely to do maximum damage on someone’s reputation, not caring if they are damned.

This past week, an uncanny scenario played out in Akwa Ibom to underscore the menace of blogging and online publishing without

adherence to a body of rules.

On April 27, a Chief Magistrate in Uyo, capital of Akwa Ibom State ordered a certain George Udom to be admitted to the Ibom Specialist Hosptial where his sample was to be taken and tested for possible COVID-19 infection. Udom describes himself on the social media as an Information Technology Consultant with designation as Principal Consultant, SROC and Partners. He also runs another thriving platform, SROC Reporters, where he aggregates contents.

Udom is further known as a political analyst and commentator, who once introduced the Office of the Citizen as the highest office in the land.

The Police in Akwa Ibom had arraigned George Udom, 39, on a two-count charge bordering on defamation. According to his lawyers, “While in Court, he developed an allergy and coughed uncontrollably suggestive of a possible contagious infection.

Consequently, the presiding Chief Magistrate ordered that he be isolated for 14 days and subjected to a medical test for COVID -19 at the Ibom Specialist Hospital.”

He was also accused of defaming the character of a cleric, Umoh Eno, by publishing on Facebook that his mother and maid died of COVID-19. Mr. Eno is the owner of a popular hotel, Royalty Hotels, in Eket.

The police told the magistrate that Mr.

Akwa Ibom is in a class of its own when it comes to pervasiveness of the media. With a population of 5.451 million people spread across 31 local government areas, a 2012 UNESCO List posts an impressive 70.7 percent literacy level, ranking it 7th among Nigeria’s 36 states.

Perhaps, this explains the popularity of all forms of media platforms in the state. It may not be wrong to number blogs and online media in their hundreds, energized by a youthful population who are inspired, but restless. In a state where there is hardly any other avenue for gainful employment than participation in partisan politics, these youths have constituted themselves to an immense lobby group that can be deployed by powerful politicians to wreck havoc on their opponents

Udom’s claims were false and punishable under Section 383 (1) (b) and Section 384 of the Criminal Code, Cap 38, Vol. 2, Laws of Akwa Ibom State.

Mr. George Udom pleaded not guilty to the charges.

The previous day, April 26, Udom had published and an extremely inflammatory and unsubstantiated post on his Facebook post, capable of causing stampede and commotion, instigating a revolt and bringing people in government to disrepute. The publication implored people to “run and hide!” from impending COVID-19 death and that a good number of members of the state executive council were infected with the virus. The statement read in part, “If you’re in Akwa Ibom state at this moment, run and hide for your dear life! We have a lot of unrecorded death on ground in relation to COVID-19 and still spreading like wildfire. As we speak, we have about nine commissioners who have tested positive and receiving treatment at home. The mother of the owner of Royalty Hotel and the maid just died having COVID-19 symptoms and when the test came out it was positive. The mother of the Royalty Hotel (sic) also owns a fast food And (table) water company. After her return from the US she became sick and died and same with her maid... Meanwhile the son is positive and this (sic) people before their death had contacts with other persons. As at today Sunday 26th April 2020, a pastor is currently on self isolation and receiving treatment. Two members of his congregation who visited the man of God prior (to) his isolation for counseling for not feeling too well died at home and that prompted the pastor to go for test which came out positive. The authorities are fully aware of the situation and are just trying to carry out some sort of damage control. It will amaze you to find that even under this lockdown, those in authority are (sic) still travel to and from Lagos using government pass and escorts. People of God, if you’re in Akwa Ibom state at the moment, run and hide for your dear life! Do not say I didn’t warn you! My name is George Udom and I love Akwa Ibom state.”

The Akwa Ibom State government’s response which demands Udom should prove his wild allegations, while trying to restore fame of the administration has been condemned as intimidation, harassment and humiliation in some quarters.

It is not the first time this kind of saga would play out, where citizens deliberately create panic, raise false alarm and malign individuals in government and the larger public still expects the official to acquit himself without seeking redress in court.

Before the current case, a banker, Michael Itok is currently languishing in detention for allegedly insulting Governor Udom on his Facebook page. He was arraigned before a magistrate court in Uyo, by the State Security Service, SSS, for writing numerous articles against the Akwa Ibom Governor and other officials of the state government.

The offences are punishable under Section 6(1) (f) of the Akwa Ibom State Internal Security and Enforcement Law, 2009.

As many commentators have noted, there is an underlining partisan leaning by these persons who have dented the governor’s reputation. Recently, a popular female restaurateur who is a member of the APC posted a video that went viral, accusing Governor Udom of not being able to grapple with the factors that have caused widespread hunger and poverty in the state. George Udom, the latest person making capital of his nuisance value against the governor is an avowed loyalist of the APC.

T H I S D AY ˾ TUESDAY MAY 5, 2020

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PROPERTY & ENVIRONMENT COVID-19: Julius Berger Donates Hospital Beds to Isolation Centre Bennett Oghifo

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ulius Berger Nigeria Plc has said it donated 48 hospital beds, including mattresses and 10 partitioning framings to an isolation centre in Abuja to support the government’s fight against the spread of the covid-19 pandemic.

The contribution, according to a statement by Julius Berger, is the first in a series of planned donations aimed at supporting and equipping healthcare facilities with needed resources to curb the Covid-19 pandemic.

“Utilising its group facilities, Julius Berger has fabricated over 700 beds for hospitals, which are being rolled-out to healthcare providers towards the setting up of isolation centres to care for patients infected with the virus. Movable partitioning manufactured locally by the Julius Berger group is also being delivered

to enable maximum flexibility,” the statement said.

It said the beds were manufactured by Abumet Nigeria Limited, Julius Berger’s aluminium and glass processing subsidiary, utilising high grade aluminium parts. Abumet’s factory and assembly lines were transformed to support in the timely production of the beds. Efforts were carried out in conjunction with Julius Berger’s own furniture production experts, AFP, who also delivered part of the components for the beds.

Julius Berger is committed to supporting the Federal and State Governments, as well as key public agencies and healthcare providers in their fight against the Covid-19 pandemic. The Company stands in solidarity with the nation and shares our thoughts and heartfelt thanks to the healthcare workers and front-liners tackling the pandemic.

The 2nd Niger Bridge being built by Julius Berger

COVID-19: Sanwo-Olu Unveils 80-bed Isolation, Treatment Centre at Landmark Village Fadekemi Ajakaiye Lagos State Governor, Babajide Sanwo-Olu has unveiled a 80-bed Centre for the isolation and treatment centre for Coronavirus patients (COVID-19) at the Landmark Village in Eti Osa Local Government Area, Lagos.

This is coming three weeks after the announcement of ongoing discussions to use a part of the Landmark Village as an isolation site.

The facility, which is a standard isolation and treat-

ment centre constructed and fitted to specification, was delivered through a tripartite public-private partnership (PPP), consisting Landmark Africa, the state government and the Young Presidents’ Association (YPO), representing various private individuals and corporate donors.

Head of Projects at Landmark Africa, Enyinna Okorafor said the centre is physically isolated from other facilities and operations within the Landmark Village.

Okorafor said, “We must make it clear that the isola-

tion and treatment centre is a physically independent and completely isolated operation within Landmark. Regular visitors to Landmark will have absolutely no interaction with the centre or its activities. Our partners, tenants, visitors, neighbours and the community are able to carry out their normal activities both inside and outside our premises with ease once the lockdown directive has been reversed. Together with the YPO, Nigeria Centre for Disease Control (NCDC) and the state government, there

How to Keep Devices Safe from Cyberattacks While Working at Home As our work and home lives collide, small changes to your digital habits can make all the difference against cyber threats Our world has changed dramatically over the last couple of months and in an effort to keep the wheels turning, companies across the Middle East and Africa (MEA) are switching to remote work. Microsoft is no different. Earlier this month, we asked tens of thousands of our employees from around the globe to work from home.

A decision not made lightly as we all try to navigate the challenges of juggling the demands of home life with work hours.

Protecting your data, privacy and networks is another challenge that we are constantly engaged with. Microsoft analyses 6.5 trillion signals a day in order to identify emerging threats and protect users.

However, according to the Konrad Adenauer Stiftung’s Cybersecurity in the Middle East and North Africa report from July 2019, the region is particularly at risk when it comes to cybersecurity.

With more of us going online via our home networks

to work, do online banking, grocery shopping or even catch up with family members at a distance, cyber criminals will be looking for weaknesses to exploit. While we’re always on the lookout for these threats to your security, we still need your help to stay on top of our game.

Let’s practice good cybersecurity hygiene In recent months, we’ve all had to rethink everyday hygiene like washing our hands and cleaning the surfaces we touch. Working securely from home should be no different.

Much like how governments are asking us to make small changes while they consider the bigger ones, we want you to do the same when it comes to cybersecurity at home while we keep you protected.

Be email savvy A good place to start when it comes to cybersecurity hygiene is with email. Did you know that 91 percent of cyberattacks start with email?

To help protect you, we’ve created a multi-layered defence system that includes machine learning, detonation, and signal-sharing to quickly find and shut down email attacks.

If any of these mechanisms detect a malicious email, URL, or attachment, the message is blocked from your inbox before it’s opened by our secure and isolated machines.

It’s then analysed to give our developers additional insights and train machine learning models. This information is then shared with other services such as Microsoft Defender Advanced Threat Protection (ATP).

For us to provide you with this kind of protection, we also need your help to identify malicious emails. There are a few things that you can look out for when it comes to recognising a possible email cyberattack. One of the first tell-tale signs is a general greeting like “Good day” or addressing you by the incorrect name. This is then often followed by bad spelling and grammar. However, some scammers might have superb email etiquette and will trip you up elsewhere with suspicious links. To double check this, hover your mouse over the link – don’t click. A white or yellow box will pop up with the actual link and you can see if it corresponds with the link mentioned in the mail.

are also stringent and World Health Organisation (WHO) approved decontamination measures in place both now and once the centre is decommissioned.”

He lauded the swift construction process that led to the prompt delivery of the centre, adding that they are immensely proud to have delivered the facility within three weeks of commencement.

He added that with over two decades’ experience as a property services company, the company’s detailed con-

struction processes helped it deliver the project seamlessly and to ensure that it was ready for use within the stipulated time.

Speaking during the unveiling ceremony, Sanwo-Olu lauded the parties on the level of preparedness, stating that though the state has taken over the facility, but it would be operated in collaboration with the private sector, “I am happy with the level of preparedness I have seen.”

According to the Chief Executive Officer, Landmark Africa, Paul Onwuanibe,

the partnership was an opportunity to serve the Eti Osa community and Lagos State residents, given the support and patronage the organisation has enjoyed from them over the years.

“The world is pulling together private and public resources to fight the coronavirus pandemic and as a responsible corporate citizen, it was important for us to contribute our quota to ensure prompt treatment and help reduce the spread of COVID-19 in Eti Osa LGA,” he stated.

PWAN Presents Food Items to Residents of Lagos Community Fadekemi Ajakaiye Property World Africa Network (PWAN) Group, a real estate marketing company, recently, presented food items to some families at Sangotedo in Eti-Osa Local Government Area of Lagos State to assist them in cushioning the effects of the lockdown, imposed to curb the spread of the COVID-19 pandemic.

The beneficiaries went home with rice, noodles, vegetable oil, tomato paste enough to last a family seven days, according to officials of PWAN. Also, over 1,000 pieces of Ankara face mask were distributed to the residents, who were encouraged to embrace safety advice given by government and medical experts as a measure to check the spread of COVID-19 pandemic.

Chairman of PWAN Group, Dr. Augustine Onwumere, said he was deeply touched seeing

that the stay-at-home order, which ordinarily is a positive move by government to arrest the spread of the Coronavirus in the country, had unfortunately subjected many families to hunger and serious economic challenges.

“As a responsible corporate organisation, we could not just sit back and watch residents of our host community languish in extreme hunger, without making efforts to cushion their sufferings.

“Lockdown without food is a knock down; that is why we took necessary steps to ensure that everyone benefited from our food distribution exercise,” Onwmere, said.

The Managing Director of PWAN Plus Business Concerns Limited, an affiliate company of the PWAN Group, Julius Oyedemy, who coordinated the exercise, added; “The essence is to support the Federal government in spreading help to the unreached.

As an organisation, we are targeting to reaching out to over 1000 families and suffering masses who cannot afford food at this critical time of COVID-19 pandemic.”

Oyedemi explained that, the exercised, which began on April 25 in Sangotedo, would be replicated in over 15 communities in Eti-Osa, Ibeju-Lekki, Epe local government areas where PWAN Group is located.

To achieve quality distribution as well as ensure social distancing, the Group collaborated with Eti-Osa local government officials, the police and community heads.

That conscious arrangement reduced the scramble for the food stuff to a harmless to small groups of residents eager to grab a piece of the generous package.

“What we are doing is also a kind of Corporate Social Responsibility (CSR) to the communities to touch lives at this point in time where people are hungry,” he said.

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T H I S D AY Ëž Ëœ ÍłËœ 2020

COMMENT

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

SECURITY IN TIME OF COVID-19 Jide Okiki writes that Lagos is in safe hands

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s the lockdown order by the federal government continues in Lagos and some parts of the nation, Lagos State is caught between the need to manage the large population and to also keep the restless masses in proper check. This is not only a worldwide pandemic, it is one virus that has defied both medical, social and political solutions.

Here in Lagos, Governor Babajide Sanwo-olu quickly swung into action the moment the first index case in the state was reported in February. Since then, he has kept himself busy trying to safeguard lives of the people in the state.

Initially, not many people foresaw the situation escalating to the level it is at the moment. A lot of people had thought that the state would be caught pants down as the cases increase daily. However, the state government under the leadership of Sanwo-olu has been up to the task in all facets.

One of the greatest fears in the beginning was how to secure a state as cosmopolitan and highly peopled as Lagos. The governor has done wonders in the area of security. And some highly placed, reasonable and rationale Lagosians have come to grips with the fear that this is a place well secured in time of covid-19 pandemic.

Not only in terms of putting the necessary medical apparatuses in place to fight the pandemic, Governor Sanwo-olu has been able to hold criminals in the jugular. With the warmest cooperation of the state Commission of Police, Akeem Odumosu and other security agencies in state regular patrol, the state has been peaceful. The state police command has chosen to adequately deploy their men, to be on patrol from time to time.

Even the so-called one million boys who have chosen to unleash terror in some parts of Lagos have been silenced. In some areas, the governor has quickly dispatched appropriate agencies to deal with the situation. Given that the state harbours over 20 million people whose daily means of earning a living are meagre, most people thought that by now, the state would be up in flames. With the combination of Civil Defence, the Army and the rest, normalcy has steadily returned to all the nooks and crannies of the state. This is so thanks to the capable and fatherly approach of the governor.

Now with the constant surveillance of the state by helicopters, many have been heaving sighs of relief. It is this same concern that has made many Lagosians to often come out at night to relax in front of their houses, knowing that the police are somewhere keeping vigil in the nighbourhood.

It is good to watch the patrol at work. They usually go about with show of force, might and power, with a lot of civility to it. This is

BABAJIDE SANWO-OLU HAS KEPT HIMSELF BUSY TRYING TO SAFEGUARD LIVES OF THE PEOPLE IN THE STATE

purposely to frighten criminals and make them stay off the streets. So far, this has been paying off, for I have witnessed a couple of places where people at the bus stops immediately took to their heels as soon as they sighted them.

Armed to the teeth, the security agencies now make it known that Lagos is not a place to foment or harbor undesirable elements. For to them, what is at stake is the issue of Covid-19 which is an equivalent of war. It is gratifying to know however that some communities have chosen to complement this security arrangement by organizing vigilante services on shifting basis. This arrangement has been commended by the governor and some well-meaning citizens of the state.

In all this however, there is peace in all corners. There is this peaceful way the governor usually talks to the people, reassuring them that the state is equal to the situation. Fear, therefore, should not rule people’s lives. As the father of the state and chief security officer, he has shown enough zeal to remove panic from the minds of the public.

Like he usually says, “this is not time to relax on our oars. We have a greater enemy in Corona virus than in ourselves.� Beautiful words of a cheerful leader, someone who is totally concerned in his handling of the security of the state.

The most important aspect of his measures to balance the security of the state was when he introduced Lagos kitchen. This is a programme being organized to feed one hundred thousand vulnerable people daily. Locations are scattered here and there. The governor knows in sincerity that a hungry man is an angry man and there are millions of unemployed people in the state. Now when you see the crowds that gather at each location to be fed, you would know why the project became highly imperative. This move has been commended by those who benefit from it daily. At least they can be fed and kept happy while the pandemic is being fought to a standstill.

It is also good to mention suspension of interstate movement. This has restricted all the motorparks from operating. It has equally put paid to people daily flocking into the state. In other words, it has curtailed the number of undesirable elements entering into Lagos State.

However, the governor believes and rightly so that the security of the state is a collective responsibility. All hands must be on deck to ensure Lagosians do not sleep with only one eye closed.

The common reframe of the governor is that it is his priority to provide for the people as well as secure them. Believing that the pandemic is an emergency, he has also promised to constantly review what is already on ground and see what next to do to make it better.

Therefore, let people continue to give their support to the governor to ensure that this battle is fought and won as quickly and decisively as possible.

GETTING NIGERIANS BACK TO WORK Nigeria is not a high-risk country for Covid-19, argues Olawale Opayinka

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here were 58 million deaths around the world in 2019.This infers approximately 20 million people have already died worldwide from various causes in Quarter one 2020 alone (Jan – April 2020) increasing by 5 million deaths every

month.

Nigeria’s population is assessed to be 200 million and in excess of 30 million households. Assuming Nigeria fits the average data, then 1.5 million Nigerians will die this year 2020 and 380,000 have already died in the first quarter of this year. We can add 125,000 for every additional month. We know that the mortality of Nigerians is above average and so the number of deaths will be higher.

Every life is invaluable and responsible governments and people must do everything to preserve every life. However, every policy decision and actions must be proportionate. The decision to lockdown the FCT, Lagos and Ogun States, which account for 80 per cent of our GDP was a price too high for the risk we carry of losing lives to COVID-19. There was a clear disproportionate cost to the benefit of attempting to save lives. The new evolving situation in Kano is evidence enough that when the disease wants to unfortunately ravage a community there is little or nothing you can do in Nigeria to stop it.

There are two options when a person tests positive for COVID-19: they either recover and test negative or unfortunately lose their lives. Some 90 per cent of those who contact the disease need no intervention to test negative according to DG of the Nigeria Centre for Disease Control (NCDC).

In fact, current world data suggests that you have a 95 per cent chance of not falling ill and eventually testing negative. For 95 percent of those who test positive they will not suffer any symptoms anywhere close to contacting Malaria.

Global data to date suggests that there is a less than one per cent mortality rate for COVID-19 cases.

This is less than the probability of being a Nigerian and dying without the effect of COVID-19 when the

number of COVID-19 cases is expressed as a proportion of our population. There are less than 3,000 cases today in Nigeria. If we assume that 40,000 have been infected today in Nigeria that is still less than the number who died in the month of April 2020 alone by being a Nigerian – estimated at 125,000 lives.

In real terms, Nigeria has the 5th highest death rate in the world. The above projects about 2.4 million per year and 200,000 deaths every month, higher than the assumed average detailed above of 125,000. Of course, this is a large number and a significant deviation from the mean (75,000 cases above average).

Analytically, there is 60 times the chance a person will catch COVID-19 as a Nigerian and 6,000 times chance a Nigerian will die from COVID-19. These requires we have 40,000 cases and 400 deaths. Today, there are less than 3,000 cases and 85 deaths.

In conclusion, if we want to save Nigerian lives, then we are deploying scarce resources at the wrong policy objective; we need people back to work. The cost of not having people at work for 30 days is costing the Nigerian economy in excess of N600 billion per month at the low end. The true cost is many times higher.

We must keep our borders closed – air and road for a long time to come. Quarantine of international visitors must not change until 2021. This was perfectly done at the right time.

The social cost of the sit at home or lockdown policy is incalculable and can itself result in a spike in physical abuse at home, adverse mental health and acute depression. The social cost and simmering social order breakdown are all costs that we cannot afford. The security agencies which was stretched by other dilapidating issues in the country like banditry, Boko Haram and kidnapping among others are close to breaking limit trying to enforce a lockdown.

Nigerians have already paid a huge price by staying at home over the last 37 days. They should not have to do more. As we go back to work and promote the use of face mask made at home or other produced ones by factories, we should use

emergency powers to command the production of face mask which we can export and use to generate much needed foreign income.

We should use the opportunity to emphasise the value of human life and sensitise Nigerians to looking out for their neighbour. This in itself can help reduce the above average mortality rate in Nigeria.

We should have a national objective to get to the global average of 7.6 deaths per thousand per year instead of the current 11.6 We should declare a state of emergency in the health sector and use all the monies we can raise from Nigerians to strengthen our primary and secondary public health centres.

We must continue to sanitise people in the improvement of hygiene and all that WHO has recommended as a regular habit of our daily lives. It must be part of the new World we live in.

Nigerian lives matter, Covid-19 helps us value human lives but the potential deaths from Covid-19 is not our priority. We are losing 75,000 lives more than what we should be losing to mortality each year. That should be our focus. The time to act in the face of this emergency is now.

The idea of these intervention is to trigger the right discuss and push our national effort and resources to the right policy objective.

This is indeed an important time in our society, one that shows Nigerians value their lives. We must seize the opportunity to raise our national psyche.

We should not have people die because they are giving birth in substandard primary health centres.

Our roads should not be death traps. We should push to make sure that every Nigerian has a roof over their head.

The irony is we have asked Nigerians to stay at home, we have a minimum of 30 million households. Existing data shows we have a 22 million housing deficit in Nigeria. Where Nigerians live in houses the vast majority do not live in single dwellings. A pre-dominant number live in classic “face-me I face-you�.

Finally, back to COVID-19 and its spread in Ni-

geria – We are not a high-risk country as God wills.

If we have the prevalence of COVID-19 in Nigeria, our hospitals will be full by now. The truth about COVID-19 around the World is that you cannot hide it if you have it and you cannot hide if you are sick, you will seek help. The situation in Kano is a spike which needs immediate attention. It can consume the country if not properly managed. The way to manage is to keep the border of Kano closed for NOW. We are afraid we are carrying asymptomatic cases, but this is not a problem if you are not getting sick people. The truth is we cannot stop COVID-19 spreading in Nigeria if we have the same prevalence that subsists in other climes around the World.

Our living conditions meant when we were asking people to stay at home then you were likely to have a huge spread. Predominance of Nigerians live in slums – or densely populated areas. Asking people to remain in those areas can itself be argued that they are a seating duck and at a higher risk.

No one can author at this early stage why the COVID-19 pandemic has not ravaged Nigeria or other sub-Saharan African countries. It is not necessary we do at this stage; science will have its tested theories in coming years. What is important to know is that if there is an outbreak in Nigeria, staying at home is not the solution. We need to promote improved personal hygiene. We do not have the streamlined living conditions you find in order parts of the world to make staying at home viable.

We must invest in our public health care systems to save Nigerian lives, we can still work to save one million lives per year over the next decade.

COVID-19 is not going to kill Nigerians, the social and economic impact of the lockdown to shield ourselves from COVID-19 carries a greater national threat to our country and its citizens.

According to John Banville, “We carry the dead with us only until we die too, and then it is we who are borne along for a little while, and then our bearers in their turn drop, and so on into the unimaginable generations.�

Opayinka is the Founding Partner 3e Actuaries

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T H I S D AY ˾ TUESDAY, MAY 5, 2020

EDITORIAL AVERTING A LOOMING COVID-19 TRAGEDY The authorities could do more to stem the spread of the deadly disease

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esterday, the first day of the gradual easing of the lockdown imposed on Lagos, Ogun and the Federal Capital Territory, was a testimony to disorder. Almost every safety measure put in place to tame the spread of Covid-19 was breached. In Lagos as well as in Abuja, buses were packed with no room for social distancing, just as many apparently did not care about face masks. Business owners who rushed out to catch the “breath of fresh air” did so without observing any of the protocols that were meant to contain the spread of the virus. In markets that were closed, hundreds of traders milled around the premises, haggling with prospective customers and once they were able to strike a bargain, they ran into their shops and later emerged with the goods.

While everything points to a bleak affront to the new guidelines released by the federal government towards the containment of COVID-19, the worst places of disorder and anarchy were in the banking premises, especially IF THE PRESIDENTIAL in Lagos and the TASK FORCE TOOK INTO FCT. Theirs were ACCOUNT OUR PECULIAR darkly crowds that CIRCUMSTANCE BEFORE could have degenerated into hunger COMING OUT WITH mobs. Their unruly ITS GUIDELINES, THE ANARCHY OF YESTERDAY behaviour was accentuated by the fact WOULD NOT HAVE that the banks were HAPPENED operating, not as they are used to, but for some few hours. Many of the banks deliberately opened only few branches. One the major new generation banks, for instance, opened only four of its branches for customers in Abuja, some of whom had not been able to access their accounts for more than a month. The security men had hectic time in controlling the gates as a sea of humanity pressed, pushed, shoved and cursed in an attempt to gain entrance to the banking halls. It was the same

situation in Lagos.

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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

he federal government had in the guidelines signed by the Secretary to the Government of the Federation, Boss Mustapha, stated that anyone without a face mask in public would be prosecuted. The advisory also prohibited mass gathering of more than 20 people outside of a workplace while there would be controlled access to markets and locations of economic activities. It was evident yesterday that the advisory was not well thought-out.

More worrying is that the country started the gradual opening of the Covid-19 lockdowns at a time cases of infected people are hitting the roof, with an average of more than a hundred people daily for the first time since the index case was recorded on 27 February.

If the presidential task force took into account our peculiar circumstance before coming out with its guidelines, the anarchy of yesterday would not have happened. If anything, the wisdom of restricting hours for which banking transactions can be done or markets can be open is now called to serious question.

It is a recipe for disaster because it only encourages crowds to gather.

The current situation in the country is particularly worsened with the outbreak of the viral disease in Kano, and further burdened by some “mysterious” deaths of many its prominent sons and daughters in the past two weeks. Preliminary investigations have narrowed the cause to Covid-19. These and the rising cases of infections across the country have made many, including the Nigerian Medical Association (NMA), the Nigeria Healthcare Providers Association of Nigeria and others to raise concerns. Since the nation cannot provide enough for the citizens, particularly the poor and the vulnerable to stay at home, the government hearkened to pressure to open up some economic activities. But the fear is that in doing so, it must be ensured that safety measures are enforced.

For now, they are not doing that. What we witnessed yesterday gives plenty room for anxiety.

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Insecurity Of Lives In Orisumbare

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t certainly sounds as over-exaggeration of facts but all indices clearly affirm that there is absolutely no security of lives and property in Orisumbare, a suburb of Idimu in Alimosho Council Area of Lagos State.

The community is now a safe haven for peddlers and consumers of hard drugs. The same area especially the popular Hi-tech Field and adjoining streets equally serve as battleground for various warring gangs. In fact, no day passes by without even passers-by sustaining various degrees of injuries.

It must be strongly emphasised that some concerned stakeholders in the area, on several occasions, drew the attention of the appropriate law enforcement agents to the highly disturbing trend. These noble efforts have led to several raids and arrests of even innocent residents. It however stands that before anyone could heave any sigh of relief, the ugly situation returns to business as usual.

The street rascals, mostly young people of primary and secondary school ages, equally see the persistent blackout in the area as perfect opportunity to sustain their illicit trade. Ikeja Electricity Distribution Company (IKEDC) for almost two weeks now, unreasonably, terminated electricity

supply to most parts of Orisumbare. The same firm, even in face of the hard-biting lockdown of Lagos, distributed the usual estimated crazy bills, thereby forcing electricity consumers therein to pay for services never rendered.

It further stands that Orisumbare is seriously groaning under the heavy burden of street rascals and IKEDC at a time her elected officials led

by Senator Solomon Adeola and Hon. Olufemi Adebanjo are merely concerned about pulling national and local spotlight. Sadly, nothing credibly suggests that these politicians saw the lockdown as perfect moment to connect with even vulnerable people in the area.

The questions on the lips of most residents of Orisumbare remain unchanged and unanswered.

What is the political relevance of Adeola, Adebanjo and other elected officials in Alimosho Council Area when it is very clear that their primary constituencies especially Orisumbare remains easiest prey for street rascals and economic marauders? Who will wake up them up from the deep and highly disgraceful slumber? Who will remind them that human life is now worth nothing while socio-economic activities have been brought to a complete halt in Orisumbare?

Sunday Odiaka, Orisumbare, Idimu, Lagos

Nigeria And Crisis Of Identity

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igeria has consistently played affirmative to all manner of globally calibrated diminished epithet ranging from stunning ranking of some Bretton woods institutions to the musings of world leaders whose actions and inactions may have contributed to Nigeria’s misfortune.

Quips such as “fantastically corrupt” and Nigerians “living In huts” readily come to mind.

What leaves the most optimistic observer bewildered however is the silent acquiescence of Nigerian leaders and political elites.

The United Nations last week listed Nigeria among 10 countries that would be at risk of famine of debilitating proportions resulting from the current Covid-19 pandemic.

Other countries listed are Syria, Yemen, Democratic Republic of Congo, Afghanistan, Venezuela, Ethiopia, South Sudan and Haiti.

Most of these countries being grouped with Nigeria have a recent history of civil war that left broken infrastructure and socio-economic distortions in their trails. Even though Nigeria is not a war-torn country and until of recent exported crude oil to the tune of millions of barrels per day, a huge leadership deficit has consigned the country to the comity

of beggarly nations.

Well-meaning Nigerians are wont to ask why the Nigerian ruling elites always choose a protracted taciturnity and muted response when a national ignominy such as the recent UN’s ranking is on the horizon. In this opprobrious list of potentially famine-prone nations, none of the other listed nations measure up to Nigeria in GDP per capital, human resource capital or natural endowment.

Conscious efforts aimed at industrializing the economy and boosting the agricultural sector is now a “do or die” imperative for Nigeria.

These two-policy denouement have become hackneyed line for public pontificating among government officials at various levels; presidential speech is not complete without reference to the need to diversify the economy yet the economy remains pitiably at the vagaries of untrammeled consumerism, import driven expediency and self-indulgent profligacy.

Now that Corona virus seems to have compelled every nation to mind its own business by using its scarce resources to pursue the first law of survival which is self preservation, any nation still stuck in the comfort zone of immotile status quo might just be cascading the fringes of bankruptcy.

Bukola Ajisola, bukymany@yahoo.com

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05.05.2020

WEEKLY PULL-OUT

‘USE OF TECHNOLOGY: AN INDISPENSABLE TOOL FOR JUSTICE DELIVERY’

Charles C harles A Adeyemi deyemi Candide-Johnson, Candide J SAN

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05.05.2020

Covid-19: Lagos Judiciary and Remote Hearing

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appy Belated Workers Day to All. Unfortunately, due to the negative economic effects of this unprecedented global pandemic, Covid-19, there’s nothing particularly happy about it, as workers worldwide may face the most difficult time ever in the whole of their careers, with the sudden, unexpected staff cutbacks, salary cuts et al, due to the Recession and (hopefully not), the impending Depression.

Kudos, Lagos CJ For we Lawyers who practice in Lagos, we welcome the Lagos State Judiciary Remote Hearing of Cases (Covid-19 Pandemic Period) Practice Direction 2020 (the PD) issued by the Chief Judge of Lagos State, Honourable Justice Kazeem Olanrewaju Alogba (CJ), which came into effect yesterday.

The PD: Provisions and Practicality The Objectives of the PD as stated in Paragraph 3, are inter alia: timely and efficient disposal of matters, using technology for cases involving urgent and/or time bound interlocutory applications such as bail applications, fundamental human rights matters where the Applicants are in custody, adoption of addresses, rulings and judgements. The CJ listened to the cries of legal practitioners like Femi Falana, SAN, and the Justice Reform Project, who had made a case for this as per the directive of Honourable Justice Ibrahim Tanko Muhammad, CJN, that the afore-mentioned types of matters be heard during the subsistence of the Covid-19 crisis.

Paragraph 6 of the PD provides for Electronic filing (E-filing) of court processes, with a proviso for physical filing at the Court Registry where E-filing is impracticable. Paragraph 8 of the PD sets out the process for making online payment to the bank account of the court, and as in the case of E- filing, there is also a proviso for physical payment at the Court Registry, where it is impracticable to pay online.

The pertinent question to ask at this juncture, is how practical are the provisions for E-filing, in that can E-filing really be readily and easily achieved? While the PD does not define what qualifies as impracticable, it is realistic because it leaves room for physical payment and filing, especially with our rather unreliable internet networks in Nigeria. The partial lift of the lockdown also permits those whom I previously referred to as Category A Lawyers (less privileged/young Lawyers who do not have home office facilities), to either go to the Court Registry to process their court processes, or visit Business Centres to do so electronically.

However, with a full lockdown where there is no movement, the jury is still out about whether Category A Lawyers would be able to partake in all the Judicial E-things, or to what extent they can. Learned Silk, Yemi Candide- Johnson, believes that any Lawyer who is serious about his job, should be equipped enough to partake in Remote Hearings and presumably, any other technological innovations that the Judiciary may introduce.

Unfortunately, the E-filing system we have in place presently (fondly referred to as “E-delay”

by Learned Silk, Femi Falana) sometimes ends up being slower than physical filing at the Court Registry. If we are going to use E-filing here on out, it requires a swift perfection/fine tuning of the system. I was made to understand that for instance, in many foreign jurisdictions, immediately you do your online payment and E-filing, a permanent Suit number is generated automatically. However, in Nigeria, if you are able to succeed in E-filing, a temporary Suit number is generated initially, and it may take any time from between a few days to a few weeks, to receive a permanent Suit number.

This must be rectified, for the E-filing system to be efficient in this jurisdiction.

Paragraph 10 of the PD provides for the service of court processes by email or Whatsapp, which is good, as only a phone which has some form of data services on it, is required for this. This is a useful development because it can be more efficacious, since Lawyers will no longer be left to the whims and caprices of court bailiffs. Paragraph 12 provides for proof

of service, which shall be by filing an affidavit exhibiting a printout from the device used in sending the processes, and showing the date and time of receipt of same by the party so served - quite precise. However, Paragraph 13 provides that when electronic mode of service is used, time will prima facie begin to run from when the date the process was sent - should it not begin to run from when the process was delivered?

The process of preparation and conduct of remote hearings, are set out in Paragraph 14-20 of the PD. The wording of Paragraph 15 stating that “Parties or their Counsel may indicate voluntary participation in the Remote Hearing through the official email of the Court”, is somewhat ambiguous. Does it simply mean that, having liaised with the Court Registry to schedule the remote hearing (Paragraph 14), parties may confirm to the court that the date fixed is convenient, similar to how dates are agreed upon in open court and confirmed by the Court Registrar? If this is the meaning, this means that confirmation of participation is not mandatory and could lead to confusion when one party says they didn’t confirm participation but the matter was still taken. In this context, the word ‘shall’ would have been more appropriate. Or on the other hand, does the use of the word ‘voluntary’ in Paragraph 15 imply that parties to a matter reserve the right to refuse to participate in a remote hearing? What would be the reason to refuse to participate in a remote hearing, when it is most realistic way of handling hearings, at least for now?

Again, the need for the leave of court for Counsel to record the proceedings (Paragraph 22), is unclear. Is it not expedient for there to be a backup, should the recording by the court fail? (Paragraph 21). Or is to guard against a situation in which unscrupulous Counsel may choose to manipulate their own recordings, for the benefit of their clients?

A salient point to note is that, remote hearings need not be for all proceedings. They should be made use of, for the purposes of taking oral evidence/cross-examination/re-examination in trials, and not for things like ex-parte motions, motions on notice, adoption of written addresses and briefs of argument, which can all be done by an exchange of emails. Why does Paragraph 24 stipulate that parties need to agree to dispense with oral arguments?

Why can a Lawyer not write all he/she wants to say in his/her brief? In other jurisdictions, there is no physical appearance for things like interlocutory applications.

of the NJC. Aside from the fact that I am not aware that the NJC has barred remote hearings by Zoom/Skype etc, especially as recently, we all saw on television a meeting held by the NJC in which the CJN presided by means of Zoom, Order 58 Rules 1 and 2 of the Federal High Court (Civil Procedure) Rules 2009 give the CJ of the FHC powers to “issue directions to establish a Communications and Service Centre.....which may include designated electronic filing sites for on- line filing of processes and documents” and for its effective operation.

Rule 3 even goes further to enjoin the FHC CJ to establish the Communications and E-filing Centre, as soon as practicable. What better time is there, for the FHC and indeed, all courts, to digitalise?

The Federal High Court Curiously, the Chief Judge of the Federal High Court (FHC), Honourable Justice John Tsoho has a totally different view, directing in a recent circular that all FHC Judges “refrain from the introduction and application of any technological means (no matter how expedient it may seem) to administer justice....without explicit approval from the Hon. Chief Judge (I believe he meant Chief Justice) of Nigeria and as conveyed through the Hon. Chief Judge”. The reason he proffered is that the FHC not being independent of the NJC, must abide strictly with the directives

X, Y and W’s Account so far: The Reality The Covid-19 NCDC approved PCR test result of X who I mentioned to you last week (along with Y and W who I failed to mention previously), came back after a 10 day wait! X and Y are negative, but W tested positive. For anyone who had some underlying condition plus the virus, and had to wait for that length of time to receive the test result as a pre-condition for admission to an Isolation Centre, such person would most probably have died while waiting. Also, because of the unnecessary delay in getting the results back, the virus has been allowed to fester in W’s body. Having received a positive result, W was asked to proceed to IDH, Yaba, Lagos for another test, so X and Y accompanied W there.

Y described the Outpatients at IDH, as nothing short of a ‘Mad House’. Y said there were an uncountable number of people waiting to be tested, seemingly in various stages of sickness, some coughing incessantly, some collapsing, some being given oxygen - Y described the Outpatients as somewhat disorganised and confused, and further stated that, if someone who was not infected stayed there long enough, they would be certain to contract the virus! When I spoke to a medical practitioner involved in IDH (Dr Z), Y’s account as to the position of things at the reception of IDH, was corroborated.

It took about seven hours and many telephone calls, for W to get re-tested - it is those who know their way around, that seem to be able to get tested quicker! W was

Lagos State Chief Judge, Hon. Justice Kazeem Olanrewaju Alogba

Conclusion All in all, the PD is a good step in the right direction, and it would be wise for all the State Judiciaries, FHC, and the higher courts, to follow the example of Lagos and Borno State Judiciaries as a matter of urgency. For States like Oyo, Ondo and Anambra, while we commend them for also issuing their own PDs, we encourage them to embrace technological innovations like Lagos, in addition to the social distancing rules set out in their PDs, to give more access to justice, as this is the way forward. We look forward to some of these new innovations becoming the norm, rather than just for emergency situations, such as the Covid-19 crisis which are presently facing, as long as there is always a window for the physical alternative, bearing in mind the lapses in the Nigerian system as a whole - lack of constant electricity supply, erratic internet networks, Category A Lawyers, to mention but a few.

P.S.: Covid-19 Update The issue of the lockdown in our country, has been a ‘Catch 22’ situation for majority of Nigerians for reasons which I already discussed previously - primarily poverty.

My solution to the problem is, for those who can afford to remain on lockdown, it is expedient to do so, as we have seen that in several countries where the lockdown was lifted like nearby Ghana, the numbers of infection from Covid-19 increased. For those that have to go out to irk a daily living to keep themselves and their families from starvation, they really may not have much of a choice and are advised to follow the protocols for staying safe while outdoors.

ONIKEPO BRAITHWAITE

THE ADVOCATE onikepo.braithwaite@thisdaylive.com onikepob@yahoo.com Twitter: @TheAdvocateTD

“ALL IN ALL, THE PD IS A GOOD STEP IN THE RIGHT DIRECTION, AND IT WOULD BE WISE FOR ALL THE STATE JUDICIARIES, FHC, AND THE HIGHER COURTS, TO TAKE A LEAF FROM LAGOS AND BORNO STATE JUDICIARIES AS A MATTER OF URGENCY” admitted into the holding area of IDH initially, while awaiting the result of the second test, and reported that for Inpatients, IDH is extremely organised, the staff are very professional and the surroundings are pleasant. Why the stark difference, between Outpatients and Inpatients?

Y also added that, somebody died while trying to get tested. While they were there, some Indians brought a consignment of Indomie Noodles etc - relief packages for the staff. The Outpatient staff abandoned their duty posts to scramble for the noodles and other goodies, rather than test patients! A situation in which people are dying because they are not able to get tested or get tested on time, or it takes an eternity to get test results back, is unacceptable.

Those spearheading the fight against Covid-19, need to perfect their testing system as a matter of urgency, especially in the wake of the partial lift of the lockdown, and the imminent spike in the numbers of infection, to accelerate and make the process speedy. For instance, Emirates Airlines was giving its passengers on-the-spot rapid blood tests before they are allowed to board the flight. Should Government not consider adding this process to our testing regime, to ease the backlog and prepare for the larger numbers that will require testing post-lockdown?

Dr Z told me that as far as Nigeria is concerned, the jury is still out on the rapid blood tests until they are WHO Approved.

Naturally, we expect them to go for reliable blood test kits which have proper approval/ certification, and not just any nonsense on the market. The sooner the better, because such a test, if reliable, would immediately exclude those who do not need further PCR testing, and reveal those who do in a few minutes.

It is obvious that W is asymptomatic; and if for example, they had done the blood test at the time they did the first PCR test, it would have shown immediately that W had been exposed, and W would have gone to IDH 10 days ago to do the re-confirmation test that is presently being carried out now, and started treatment at least a week ago, thereby reducing the timeline for the whole treatment process - food for thought. Whatever the method adopted, one thing is for certain, to avoid any further catastrophe, testing for Covid-19 in Nigeria, must be ramped up.

Please, stay safe.

LAW REPORT/3

Effect of Orders of Court made against Persons not joined as Parties in the Suit

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107. He submitted that, in light of the failure of the 1st and 2nd Respondents to either seek leave to appeal as an interested party against the order staying proceedings in the suit, or apply for the same to be set aside by the trial court, the said order was still extant and the Court of Appeal was thus, wrong to remit the 1st and 2nd Respondent's application back to the trial court for hearing before another Judge.

Conversely, counsel for the 1st and 2nd Respondent contended that, the trial court's order for stay of proceedings made on 31st March, 2017, did not in any way hinder the lower court from making the order remitting their application back to the trial court for hearing. He argued that, the said order was made when the 1st and 2nd Respondents were not parties at the trial court, as they were only joined on 26th September, 2017 and it is the law that court orders are only binding on parties to the particular proceedings. He cited OKWU v UMEH (2016) NWLR (PT. 1501) 120.

Facts

he Appellant instituted an action against the 3rd Respondent at the Federal High Court, in which it sought monetary reliefs in respect of a Chartered Credit Agreement (CCA) involving the 3rd Respondent.

In order to secure its claims, the Appellant obtained an interlocutory Order of Arrest of the 3rd Respondent vessel, which was made by the trial court on 19th January, 2017 by means of an ex-parte application. Following the arrest of the 3rd Respondent, the 3rd Respondent entered appearance and filed an application seeking an order for its release, or in the alternative, an order staying further proceedings in the suit pending the conclusion of an Arbitration in London, related to the subject-matter of the suit.

The Appellant filed a similar application, which the trial Judge consolidated and heard. The court stayed further proceedings in the suit, as prayed.

Subsequently, the 1st and 2nd Respondents filed an application ex-parte on 19th September, 2017 seeking the leave of the trial court to intervene in the suit, for the purpose of contesting the 3rd Respondent's arrest.

The said application was granted on 26th September, 2017.

The 1st and 2nd Respondents also filed a motion on notice seeking inter alia, to protest their vested and proprietary rights in the 3rd Respondent. The application also sought an order discharging the Order of Arrest of the 3rd Respondent, as well as striking out/ dismissing the suit for want of jurisdiction. Their application was premised on the fact that they were Senior Secured Lenders and First Preferred Mortgagees in respect of the 3rd Respondent's vessel, with an accrued exposure of $5,255,285.00, and the Appellant had executed a Charterers Subordination Undertaking (CSU) dated 30th June, 2016 in recognition of their priority rights, but had failed to disclose the existence of the CSU when it commenced the action and obtained the Arrest Order.

On 18th October, 2017, the trial court heard the said motion on notice together with the preliminary objection filed by the Appellant to the motion. On 17th November, 2017, the court refused the Appellant's preliminary objection, and rather than determine the 1st and 2nd Respondent's Application, it proceeded to order a further stay of proceedings until the conclusion of the London Arbitration. Aggrieved, the 1st and 2nd Respondents filed an appeal at the Court of Appeal on the ground that the trial court breached their rights to fair hearing, when it proceeded to stay proceedings in the suit without considering their rights and interests in their application to intervene in the suit.

The Court of Appeal upheld the 1st and 2nd Respondents’ appeal, and remitted the matter to the Chief Judge of the Federal High Court for re-assignment to another Judge, and accelerated hearing of the 1st and 2nd Respondents’ application. Dissatisfied, the Appellant appealed to the Supreme Court.

Issues for Determination In its brief of argument, the Appellant formulated two issues for determination, while the 1st and 2nd Respondents also formulated two issues for determination in their joint brief of argument. The 3rd Respondent, did not file any brief of argument.

The Apex Court utilised the issues formulated by the Appellant, in its determination of the appeal thus: 1. Whether the lower court was not right to have held that, the decision of the trial court to defer the determination of the 1st and 2nd Respondents’ application in deference to its earlier order staying further proceedings pending the conclusion of the arbitration, was unwarranted, unreasonable and constituted a breach of their right to fair hearing.

2. Whether the order of the lower court, directing that the case be remitted to another Judge of the trial court for expedited hearing of the 1st and 2nd Respondents' application ought to be allowed to stand, having regard to the peculiar circumstances of the case.

Arguments On the 1st issue, counsel for the Appellant argued that, the Court of Appeal was wrong to have decided that the right to fair hearing of the 1st and 2nd Respondents was breached when their application was not determined, since they were not parties to the Appellant's suit. He submitted that, the decision of the trial court in exercising its discretion not to re-open the proceedings pending the conclusion of the London arbitration was justified, having regard to the peculiar circumstances of the case.

Hon. Uwani Musa Abba-Aji, JSC

In the Supreme Court of Nigeria Holden at Abuja On Friday, the 17th day of January, 2020 Before Their Lordships Mary Ukaego Peter-Odili Musa Dattijo Muhammad John Inyang Okoro Paul Adamu Galinje Uwani Musa Abba Aji Justices, Supreme Court SC.1338/2018 Between Transnav Purpose Navigation Limited ..................Appellant And 1. Velcan Energy Holdings Dubai Ltd 2. Velcan SA 3. M/V Sam Purpose ............... Respondents (Lead Judgement delivered by Hon. Uwani Musa Abba Aji, JSC) Counsel for the 1st and 2nd Respondents argued that, the trial court would have heard and determined the application of the 1st and 2nd Respondents either way, rather than staying proceedings pending the London arbitration which was no longer going on due to the insolvency of the 3rd Respondent, and amounted to the matter being stayed in perpetuity. He submitted that, the right to fair hearing lies in the procedure followed, and not in the correctness of the case.

On the 2nd issue, counsel for the Appellant submitted that, there is nothing to show that the order made by the trial court on 31st March, 2019 staying proceedings in the suit, had been set aside or had been appealed against, and so, that order remained binding and subsisting. He cited BOLUWAJI FALANA & ORS v B. SAMUEL OMODOLE OLORO & ORS (2013) 10 WRN 85 at

“.....THE EFFECT OF ORDERS MADE AGAINST PERSONS NOT JOINED AS A PARTY IS THAT, SUCH ORDER IS A NULLITY AND OF NO EFFECT”

Court’s Judgement and Rationale In its determining the 1st issue, the court held that, a court of law has a duty to dispense with all pending applications and/or processes before it, before reaching a final conclusion in a course or matter, and the failure of the court to do so would amount to a violation of the right of the party not heard to fair hearing, and such violation would render the proceedings liable to be struck out. The court relied on Section 36(1) of Constitution of the Federal Republic of Nigeria 1999 (as amended) and its decision in PDP & ORS v EZEONWUKA & ANOR (2017) LPELR – 42563 (SC) and FAAN v WES NIGERIA LTD (2001) NWLR (PT. 1249) 219 at 237.

The court held that, it was in evidence that the 1st and 2nd Respondents were Senior Secured Lenders and First Preferred Mortgagees of the 3rd Respondent, and the Appellant had executed a Charterer's Subordination Undertaking (CSU) in favour of the Respondents in recognition of the 1st and 2nd Respondents’ priority rights, which the Appellant failed to disclose when it obtained the order of arrest of the 3rd Respondent.

It was equally in evidence that the owners of the 3rd Respondent were bankrupt, hence the need for intervention by the 1st and 2nd Respondent, as Senior Secured Lenders and First Preferred Mortgagees. The court further held that, the 1st and 2nd Respondents' motion on notice, was meant to invoke the jurisdiction of the trial court to determine their rights in that regard.

Thus, having heard the said application on 18/10/2017, even if it could not determine their rights and interest therein, the trial court was duty bound to pronounce upon the same, as it is the law that every pending application however frivolous, ought to be heard and pronounced upon. The failure of the trial court to pronounce on the application was therefore, a clear breach of the 1st and 2nd Respondents' right to fair hearing, and the Court of Appeal was right to have so held.

On the 2nd issue, the Court held that, the effect of orders made against persons not joined as a party is that, such order is a nullity and of no effect. Where persons who ought to be joined to the suit had orders made against them by the trial court, such proceedings ought to be a nullity, for amounting to a breach of the person's right to fair hearing. The Court relied on OVUNWO & ANOR v WOKO & ORS (2011) 7 SCM at 231-232.

The Court held that, as at when the order for stay was made on 31/3/2017, the 1st and 2nd Respondents were not yet parties in the suit, as they were only joined on 26/9/2017. Therefore, the trial court's order of stay of proceedings as of 31st March, 2017 did not encumber or hinder the Court of Appeal from making the order remitting the application dated 19th September, 2017 back to the trial court, for hearing and determination.

Noteworthy is the fact that, the Respondents were not parties to the order of stay of proceedings, as they were only joined on 26th September, 2017 and so, were not bound to proceedings to which they were not parties at the time the order was made.

Appeal Dismissed.

Representation Babajide Koku, SAN with Victor Ogude for the Appellant.

Dr. Oladapo Olanipekun, SAN with Kofi Antwi Apori and others for the 1st and 2nd Respondents.

Deborah Emawodia for the 3rd Respondent.

Reported by Optimum Law Publishers Limited (Publishers of the Nigerian Monthly Law Reports)

4/COVER

05.05.2020

‘Use of Technology: An Indispensable Tool for Justice Delivery’ When the world emerges from the Covid-19 pandemic, the practice of legal profession will be dramatically altered.

Is the Nigerian legal profession, prepared for this transformation? Charles Adeyemi Candide-Johnson, SAN is one of the leading lights in the crusade against corruption and unwholesome practices at the Bar, and on the Bench. In a recent encounter withOnikepo Braithwaite and Jude Igbanoi, the immediate past President of the Lagos Court of Arbitration, shared his thoughts on the likely challenges facing the Judiciary, presently and post Covid-19, the Nigerian Bar Association, and Arbitration practice in Nigeria

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earned Silk, some say that while they agree that the wheels of justice must not grind to a halt even in the face of the Covid-19 crisis, they believe that some of the solutions proffered by the Justice Reform Project which you are a part of, are elitist and somewhat impractical, as they do not take into consideration many of the Lawyers who are even being supported by stipends from their local Bar branches and cannot afford to participate in remote hearings etc.

Kindly, comment on this, and possibly provide additional all-inclusive solutions.

I would be glad to hear what the alternative solutions, accompany this type of thinking. Maybe we can pray for justice to descend from heaven?

The purpose of a publicly funded system of justice is to vindicate the law, and to regulate interpersonal relations for the peace, order and progress of society. The efficient and effective delivery of justice, is the very reason of the thing. I think that this is incontestable. If it is elitist to suggest the most cost and time efficient way to administer and deliver justice, then ok, I am elitist. But, I think that those who say this, are ignorant of the very idea of law and justice. When court backlogs pile up, cases are not decided and the guilty go unpunished, then

Charles Adeyemi Candide-Johnson, SAN law and order become a mirage and courts lose their reason for being. The high tolerance of laziness, incompetence and indulgence in our justice system are the cause of lost confidence in the business environment, lost opportunities to create wealth, and multiple lost work prospects of millions, beyond the few Lawyers who cynically conspire every day with complicit Judges to frustrate justice in our courts. The system of justice is not a carcass to be picked over by corrupt or incompetent Lawyers and Judges, it is for the good of its users, the citizens and businesses who want guidance as to their rights in a simple, prompt and efficient manner.

During this pandemic crisis when courts simply closed down and had gone to sleep, the Justice Reform Project simply reminded the Chief Justice of the critical importance of this work, and identified the simple and obvious solution of remote hearings which can be operated even with resources already accessible to Judges in their homes and offices, and to any Lawyer who is serious about his job. In many world jurisdictions, failure to employ technology to serve your client is ruled professional misconduct, and the national judicial policy of Nigeria prescribes the use of technology as an indispensable tool for justice. So, why are we still sleeping?

What steps do you think that the Judiciary must take as a matter of urgency, to bring the operation of our courts up to speed in terms of technology and efficiency, having observed many of the shortcomings, especially during this pandemic? The Covid-19 pandemic has thrown the entire world into panic mode, and practically crippled

“THE HIGH TOLERANCE OF LAZINESS, INCOMPETENCE AND INDULGENCE IN OUR JUSTICE SYSTEM ARE THE CAUSE OF LOSS CONFIDENCE IN THE BUSINESS ENVIRONMENT, LOST OPPORTUNITIES TO CREATE WEALTH, AND MULTIPLE LOST WORK PROSPECTS OF MILLIONS, BEYOND THE FEW LAWYERS WHO CYNICALLY CONSPIRE EVERY DAY WITH COMPLICIT JUDGES, TO FRUSTRATE JUSTICE IN OUR COURTS”

businesses globally. How, in your view, do you see this historic event shaping the legal profession?

Of course, this pandemic is a historic human crisis. We need to do what is in our power to find benefit, even in a crisis. First, crisis concentrates minds on structural and systemic weakness, and secondly, it can accelerate history towards solutions. The biggest weakness is the scandalous backlog of cases, both civil and criminal, which are trapped in the limbo of our justice system. This threatens and destroys human lives and human liberty on one hand, and business and the economy on the other. Dysfunction and paralysis in our court system, is itself a national emergency.

The judiciary needs to urgently re-invent itself, as a service provider. It ought to be organised to decide the majority of disputes on their merits in the shortest and most effective manner, because that is what the users need and that is what they deserve. The office of Judge is a real job, and not a mere sinecure. Our judiciary ought to review and analyse the backlogs, and to triage cases according to their value and importance.

It is not every case that a Lawyer conjures, that must occupy public time and resources in the court. At each stage of the legal process, active judicial management must be applied to weed out cases that can be negotiated, mediated or arbitrated or settled. Cases that have no real chance of success or which raise no novel or significant point of law or fact, must not be allowed to clutter the limited resources available to our public system of justice. Cases brought out of time ought to be excluded in a wide, consistent and systematic way, because indolence should not be rewarded by casual extension. Leave to appeal should only be granted for novel points of law of general public importance, and it should not be considered that merely applying to stay proceedings or execution suspends legal progress.

The highest courts can prescribe fresh policy on all these points, by a practice direction consistent in all levels of courts.

And then, court procedures must be simplified and stripped of pointless complexity, so that even the ordinary litigant can access and understand it. Only a small percentage of cases actually require a full hearing, and only that small percentage should reach that level.

Interlocutory applications should mostly be determined on paper alone, and not require oral hearings; this will free much judicial time. At the appellate level in particular, interlocutory applications can be decided in chambers, and even by a single Justice. Docket control must be strict and time regulated, so that each advocate knows when to be in court and how long he will be allowed to speak, if at all. And the professionals who practice in our courts, owe a duty of skill and efficiency and of good faith to the administration of justice which must be enforced with real sanctions, both by way of fines and by

05.05.2020 way of contempt citations.

To obstruct the due and proper administration of justice, as many Lawyers do deliberately has always been unlawful, so why is it tolerated I wonder? Indulgence of indolence and incompetence at the Bar or on the Bench, is a disservice to the people of Nigeria.

Some are already talking about force majeure in settling disputes which will arise post Covid-19. What if a clause of force majeure was not included in a contract, can the principle still be successfully applied or implied in arbitral proceedings or even generally?

Force majeure is a contractual provision, as you rightly recognise. All contracts allocate right, responsibility and liability between the contracting parties, and the force majeure clause is one such which seeks to anticipate and provide for events which may dislocate the commercial understanding of the parties. Outside this party provision, the common law recognises that circumstances may yet occur which are beyond the contemplation of the parties at the time that they contracted, and which either make the mutual obligations factually impossible or so commercially disfigured, that a court will find them (after the fact) to be legally impossible. The latter is the doctrine of frustration.

Many force majeure clauses will require judicial interpretation after Covid-19, and there will be many cases presented on the basis that it has been an event so disruptive of settled expectations, as to frustrate and nullify certain contractual undertakings. In any type of dispute resolution proceedings, these questions will be viable.

But, beyond the law, this pandemic is going to create a rush of disputes to which some innovative thinking must be applied. Parties themselves will have to invent alternative methods to accommodate the disruption outside the courts, if we are to make general economic progress.

You are vocal member of the Justice Reform Project aka G-20 SANs. Many believe that, like most other things in Nigeria, the standard of the legal profession has also fallen to the extent that, for the first time in history, we saw a Senior Advocate convicted of perverting the course of justice, while a Chief Justice of Nigeria was also docked.

What can be done to stem this negative tide? There seems to have been a lull in the activities and advocacy of the group, despite the hype that trailed its emergence. Why is it that, not much has been heard from you since your inception during the time of the Onnoghen saga? What really are the goals of the JRP, and what has the group been doing in furtherance of its objectives?

First of all, the Justice Reform Project (JRP) is not “G20 SANs” or any other mildly pejorative nickname. It is a coalition of Nigerians across the legal profession, civil society, business community and general public, who are stakeholders in a functional, effective and efficient justice system. JRP’s inclusive membership is reflective of its underlying principle that the administration of justice system, in effect, is a public service, and that the confidence of the public is a primal validation for the work of the sector, a validation which the system, currently, does not possess.

It is a company limited by guarantee with a functioning governance structure, which since its formation in January 2019, has set out to, through a variety of methods, effect positive and progressive change in the justice sector. A catalog the activity of JRP is on its website, but please, let me offer some highlights.

From its study and analysis of the sector, JRP has intervened by several letters in reaction to contemporary issues arising in the justice sector. These letters call for these issues to be addressed, and seek to proffer solutions. The latest of these interventions this year, was the letter calling for the Nigerian Bar Association to take steps to ensure the continued administration of justice, as well as secure the welfare of young Lawyers, and a letter to the Chief Justice of Nigeria setting out an actionable plan for remote hearings in courts to ensure the continued administration of justice, despite the Covid-19 pandemic. We have engaged with EFCC on public prosecution standards, and criminal justice protocols.

In July 2019, the JRP hosted a well attended public event tagged “A Public Discourse on Justice Delivery in Nigeria”. in Abuja. The event announced JRP’s plans to the general

COVER/5 “‘NBA STILL LOOKS TO ME, LIKE A SELF-ABSORBED AND SELFINTERESTED PRIVATE MAFIA. ON PUBLIC POLICY WHICH AFFECTS THE RULE OF LAW AND EVEN ON THE PROPER FUNCTIONING OF COURTS BEFORE AND AFTER COVID-19, THE LEADERSHIP OF THIS ASSOCIATION HAS BEEN LARGELY MUTE” public, and provided a platform for subsequent discussions with major stakeholders. In addition, the JRP has, on its own and in collaboration with partner organisations, recently organised two virtual events. The first was the JRP Workshop which discussed the Administration of Civil Justice Model Law and the Remote Hearings in Courts, which held on 16th April, 2020, and the second and most recent was the Ogun State Civil Justice Virtual Workshop which was organised in collaboration with the Ogun State Ministry of Justice and CRID- LawNet, which held on 22nd April, 2020. The JRP has established partnerships for justice sector reform with Integrity Organisation Gte, the United Nations Office on Drugs and Crime (UNODC). and the Chartered Institute of Bankers Nigeria Gte, amongst others.

Under committees led by leading Nigerian stakeholders, is developing solutions to combat judicial inefficiency with a view to eliminate inordinate delay in court proceedings, and offering the legislature progressive proposals for constitutional amendments through the Senate Committee on Judiciary . JRP has commenced a project to develop solutions to achieve Fiscal Discipline, in the Administration of Justice. The aim of this project is to achieve judicial accountability and transparency, across courts and the justice administration system. We are also making a comprehensive review of existing judicial policy to specifically address inter alia, the use of ICT in courts and the implementation of a Court Management System.

In partnership with UNODC, JRP is preparing to administer an Online Judicial Ethics Training for Judges of Courts across Nigeria, and Students of the Nigerian Law School. This exercise seeks to strengthen judicial integrity from the top (current Judges), and prospective Judges (students). The Nigerian Law School and National Industrial Court (as a pilot for courts), have agreed-in-principle to this exercise.

I don’t know anything about hype, we are interested in the progressive and productive work of judicial reform. This work has been undertaken with the time and resources of the members themselves, we are not seeking glory or reward. But, JRP has been very busy and very active, and if I continue to list the work, we will run out of time. So, I will suggest that interested stakeholders (inside and outside the legal profession) will be pleased to visit the JRP website, and see how they can join this important work of leadership.

How do you rate the performance of the last few NBA leaderships? Learned Silk Femi Falana at one point, said something to the effect that Lawyers seem to have forgotten what the role of a Bar Association should be, while he looked back on the Alao Aka-Bashorun days with nostalgia. Some are of the opinion that, for a while, the NBA seems to have lost its voice and focus, and no longer plays the role expected of a Bar Association. Do you agree? We understand that a member of the JRP is running for the NBA Presidency, in the forthcoming elections which will hold in a few months. Does the fact that your member is running, say it all? Some have even thought of forming a parallel Law Society group. What is your position?

I think that the role of a Bar Association is to promote the rule of law, through the development of professional efficiency and professional responsibility amongst its members, who are the principal technicians of the justice system. It is not a political party, or a trade union. In a 2014 Report, the international Bar Association presented an exposition of the role of Bar Associations in serving the legal profession. The primary function is to safeguard the independence of the legal profession, and by advocating policy initiatives and legal reforms that support the profession’s independence. Bar Associations also actively pursue matters involving legal reform and policy, and work to strengthen and defend the role of Lawyers in society. In this connection, they must prescribe high standards of ethics, professional behaviour and client service for all Lawyers by adopting rules of professional conduct, and must exercise power to discipline Lawyers who violate those rules. In general, Bar Associations also aim to promote the rule of law, uphold justice, develop the legal practice, eliminate bias, and improve public understanding of the value of the contribution’s Lawyers make to the community. Each of these aims, emphasises the Lawyer’s central role in society.

It is not my impression, that the Nigeria Bar Association operates under this mission. Since the Odinkalu Report exposed widespread corruption in its organisation, I do not know that anything has changed. NBA still looks to me, like a self-absorbed and self-interested private mafia. On public policy which affects the rule of law and even on the proper functioning of courts before and after COVID 19, the leadership of this Association has been largely mute. During a period when Bar Associations across the world are issuing daily guidance to their members, our Bar Association could only be cajoled into issuing a single political letter without a progressive theme, or any actionable policy. If some people live off opaque financial

arrangements in that body then it may have value to them, but to the general profession and to the rule of law in Nigeria, it is largely irrelevant.

As to the candidacy of a member of the JRP, beyond making clear that JRP has no business to intervene in the murky election politics of NBA, I do not think further comment is necessary.

Every voter must decide for themselves, why and for whom they should vote.

The Lagos Court of Arbitration of which you head, has gradually brought Arbitration into the consciousness of the Nigerian business community. But, many Lawyers still encourage their clients to rush to court to challenge arbitral awards. How do we deal with this mindset and get people to accept arbitral awards? It does appear as if the Lagos Court of Arbitration is all about Arbitration exclusively. What about Mediation and Conciliation? Those areas don’t seem to be receiving much attention. How can this imbalance be addressed?

Since February 2020, I am pleased to say that the President of the Lagos Court of Arbitration (“LCA”) is the distinguished Lawyer, Arbitrator and Academic Dr Olawale Olawoyin, SAN. He will be a great and inspirational leader for the mission of this groundbreaking institution. But, LCA is an Alternative or Appropriate Dispute Resolution (“ADR”) institution, and not just for arbitration. By multiple measures including models of rules, procedures, clauses, education, training and public advocacy, it has promoted negotiation, conciliation, mediation and arbitration, and it continues to do so. The Executive Secretary, Oluwatosin Lewis, is herself a highly skilled and experienced disputes Lawyer who has brought not just skill and experience, but diligence and passion to the work being done at the LCA. As to finality of awards, the first thing to say is that, since ADR is really a private contractual mechanism, it will be open to some degree to parties to challenge its product. The task to diminish the possibility of frivolous challenges, must be pursued in the public interest by two things. The first is limiting the grounds for challenge to fraud, corruption and the like, as well as fundamental failure to adjudicate. Secondly, we need to ensure that those who adjudicate have the highest skill and experience, and the highest ethical standard. Voluntary adhesion to these decisions is the ambition of every decider, it is in the interest of business and economic activity, and it depends on confidence in the decider. As one English Judge said many years ago, the most important person in any dispute is the losing party. He must leave the court satisfied that he was fully and fairly heard, and that the decision against him was just and reasonable. This standard depends of institutions like LCA to build, burnish and guarantee.

Small Claims Arbitration appears quite unpopular in Nigeria, despite the fact that a majority of business transactions in Nigeria are in the category of only a few millions of Naira. Has this not shut out the small and medium level businesses in Idumota, Apongbon, and other commercial areas around Lagos, for example?

Your premise that small claims arbitration “appears quite unpopular in Nigeria”, is false. In many small trade associations, the members themselves decide disputes by a number of informal mechanisms. When we at LCA reached out; in Alaba International market for example, we found that the trade in specific parts was confined to specific towns which decided disputes in town or community associations. These decisions were largely adhered to voluntarily, in the way that in historic Nigerian communities, the decisions of the Ekpe society or the Ogboni were accepted without demur. This basic idea is very natural, in African culture. Following up on this, LCA created models for small value disputes at minimum cost for the parties. Some of these disputes are decided without even a fee for the decider, in order to prove the model. These models are proposed in hospitality and tourism, in the produce trade and in the entertainment and sports industries for example.

After all, modern international commercial arbitration itself, began in trade custom.

The determination of small value disputes with a high degree of efficiency and effectiveness at the lowest possible cost is very important for our economy, and something which I know the LCA continues to champion.

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05.05.2020

Richard Akinjide, SAN: Passage of a Legal Colossus Following the death of Chief Richard Osuolale Abimbola Akinjide CON, CFR, SAN, former Attorney-General of the Federation and Minister of Justice, Lawyers continue to pay tribute to this legal colossus. Chief Solomon Awomolo, SAN, Ndoma Egba, SAN, Yusuf Ali, SAN, Wemimo Ogunde, SAN, Roland Otaru, SAN, and Sam Ologunorisa, SAN also remember him for his immeasurable contributions to the legal profession, as “12 2/3”, a Forensic Advocate, a brilliant legal luminary, a consummate Bar man, and a family man. May his soul rest in peace. Amen

He Was a Forensic Advocate

He Was Himself, Law

Roland Otaru, SAN

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Chief Solomon Awomolo, SAN

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he over 6 decades of Chief Richard Osuolale Akinjide, SAN’s practice of law will forever be remembered, as immeasurable contributions to the Legal Profession in Nigeria, United Kingdom and the Commonwealth.

He was himself, "law". It was for his great sound knowledge of law that he was called "Mr 12 2/3”; and his death marks the end of a generation of great Lawyers that inspired several hundreds of young men to read.

He was my boss, in whose law office I cut my first teeth (then in Union Bank Building, Dugbe, Ibadan).

There I was first introduced to the finest traditions of the highest ethical standards, and excellence in active legal practice.

He was very well noted for his nobility, and intellectual soundness. He was well read, and versatile. I am almost sure that, at time of his death, there would be several books all over his bed, maybe including the Bible.

He was a good family man, notwithstanding his busy political activities. He believed in the law that, whatever a man sows, so he shall reap, and many times in his relationship with people, he was careful not to be judgemental. He detested liars, and lazy people.

Chief Solomon Adegboyega Awomolo, SAN, former Osun State Attorney-General and Commissioner for Justice

He Qualified to Practice in Multiple Jurisdictions Ndoma Egba, SAN

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hief Richard Akinjide’s life was outstanding, remarkable, full and richly varied. He exerted himself to the limits of his great intellectual endowments, was eligible to practice in multiple jurisdictions including Nigeria, England and The Gambia, was at different times Minister of Education and Attorney General of the Federation and Minister of Justice, and the eighth Senior Advocate of Nigeria. He excelled in law, politics and society, and in spite of his towering achievements remained simple and humble, validating the saying that, only the truly great remain truly humble. He has earned eternal rest in the bosom of his Maker whom he served in thoughts, words and deeds, while on this mortal plane. May he rest in peace.

Ndoma Egba, SAN, former Senate Leader

Chief Richard Osuolale Abimbola Akinjide CON, CFR, SAN

He was Quick Witted Yusuf Ali, SAN

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hief Richard Osuolale Akinjide, SAN was a political titan and a legal colossus. His contribution to the Nigerian jurisprudence, is invaluable. He was endowed with a quick mind, and legendary wit. He was a consummate Bar man, and a worthy community leader. He was an excellent administrator, and manager of men. He bestrode the legal landscape for decades, with his forensic advocacy. This is a big loss to our profession, and country. May his soul rest in peace.

Yusuf Olaolu Ali, SAN, Life Member, Body of Benchers, Nigeria

A Legal Colossus is Gone Wemimo Ogunde, SAN

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hief Richard Akinjide, though not well known to this present generation of young Lawyers, was a legal colossus.

He belonged to the 'first-class' club of Nigerian Lawyers, from the time of Christopher Sapara Williams to the present day. It is a great pity that, what would have connected him to the Lawyers of today, an autobiography, is not available. I suggest that the NBA set up the Nigerian Law Archives, where the notes, letters, articles, essays, memoirs, monographs, diaries and other written documents of our Lawyers, can be taken from their private closets into the public museum for the benefit of all Lawyers. May his soul find peace, before the Almighty God. Wemimo Ogunde, SAN, former Ogun State Attorney- General and Commissioner for Justice

he death of Chief ROA Akinjide, SAN, is no doubt is great loss to the legal profession. Chief ROA as he was fondly called, was an acclaimed, affirmative, and confirmative forensic Advocate. He traversed the legal firmament, like a Colossus. According to Abraham Lincoln, one of the greatest Presidents of United States of America, he said: “It is not the years in a man's life that counts, but the Life in his Life”.

Chief Akinjide lived a life worthy of emulation, both in the number of years he lived and the Life in his years. Shakespeare in his Book : Julius Caesar said: “When beggars die there are no comets seen, but even the Heavens braze forth the death of Princes”. Chief Akinjide has joined the Saints Triumphant! According to Robin Sharman, an Indian Legal Practitioner who is the Author of the Book “The Monk Who Sold His Ferrari” said: “If you die Who Will Cry?” Adieu Our Chief ROA Akinjide, SAN, you fought the good fight for the legal profession, and you won the race. “Death Where is thy Sting?”

Chief Roland Otaru, SAN, Lagos

He was a Lawyer’s Lawyer Sam Ologunorisa, SAN

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hroughout his extremely successful legal career which spanned about 65 years, Chief Richard Osuolale Abimbola Akinjide, SAN, FCIArb (1930 – 2020) bestrode the legal profession, like a colossus. He was a member of the English Bar, the Nigerian Bar, and the Gambian Bar, and was until his demise, the most senior living member of the prestigious Body of Senior Advocates of Nigeria.

He was a Lawyer’s Lawyer, urbane and consummate Bar man, legal luminary, arbitration giant, astute golfer, and quintessential gentleman.

His foray or venture into the realm of politics in the first and second republics was successful, impactful, and very memorable. He was, inter alia, Minister of Education in Nigeria’s First Republic and Honourable Attorney-General of the Federation and Minister of Justice, during the Second Republic.

Indeed, Chief Akinjide, you were and are still a success story, a great achiever and big factor in the annals of Nigeria. Just like that heavyweight of ancient Rome, Julius Caesar, You came, You saw and You conquered! The Bar will miss you. Nigeria will miss you. Humanity will miss you. However, we are comforted by the fact that, you have gone home to rest in the bosom of our Lord Jesus Christ. Sun re o.

Sam T. Ologunorisa, SAN, FCIArb (UK)

05.05.2020

NEWS/7

L-R:- Ogun State Attorney-General and Commissioner for Justice, Mr. Akingbolahan Adeniran, Controller, Ogun State Correctional Centre, Mr. Abolade Victor Benson, and Ogun State Chief Judge,Hon. Justice Mosunmola Dipeolu, during the Jail Delivery Exercise, at the Sagamu Correctional Centre

Ogun State Inmates

AELEX Retains Top Ranking in the 2020 Legal 500 EMEA Ratings Akinwale Akintunde Legal 500, has ranked AELEX, as a leading firm in four practice areas, in its EMEA (Europe, Middle East and Africa) 2020 rankings.

The Legal 500’s EMEA guide provides research coverage in over 150 jurisdictions, and over 2,700 ranked law firms with updated, impartial, third party opinion on the leading law firms and Lawyers in countries across the regions.

AELEX stayed in the lead for Dispute Resolution; Energy and Natural Resources; Shipping and Transport; and Corporate, Commercial and Mergers & Acquisitions practice areas.

Nine of the law firm’s Lawyers were recognised as being proficient and exemplary in their various areas, as they were either ranked as ‘Leading Individuals’ or ‘Next Generation Partners’.

Funke Adekoya, SAN, who leads the Dispute Resolution practice, was ranked as a Leading

Individual and described as “being highly regarded for her expertise in commercial and tax dispute resolution, with a focus on arbitration”.

The firm’s Managing Partner, Theophilus Emuwa, was recognised as a Leading Individual, in the Corporate & Commercial and Mergers & Acquisitions practice. He was described as a “tax specialist with longstanding experience in the oil and gas, shipping, aviation and manufacturing sectors”.

The Corporate & Commercial and Mergers & Acquisitions team’s experience and skill were highlighted in key transactions, with partner - Chinyerugo Ugoji also ranked as a ‘Next Generation Partner’.

Olanipekun Orewale and Davidson Oturu received strong recommendations, and were ranked as ‘Next Generation Partners’ in Dispute Resolution. Olanipekun Orewale was

recognised as being “actively involved in the representation of clients from sectors which include financial institutions, multinational corporations and government agencies, in matters concerning winding-up petitions, bankruptcy, debt recovery and corporate transactions at the High Court and appellate courts in Nigeria”, while Davidson Oturu was recognised as “the lead partner in intellectual property and TMT disputes”.

Soji Awogbade, FEI was also recognised as a ‘Leading Individual’ in the Energy and Natural Resources practice area, which was ranked Tier 1. He was described as “being knowledgeable about the development, supply and distribution of gas and power, and also the associated commercial, environmental and regulatory aspects of projects”.

Partner, Lawrence Fubara Anga, was recognised as a Leading Individual across

three practice areas - ‘Banking, Finance & Capital markets’, ‘Corporate & Commercial and M&A’ and ‘Shipping and Transport’. His practice was recognised to span across commercial, regulatory advice and litigation in the aviation and maritime fields.

Additionally, Akinloye Ajayi was recognised as a ‘Next Generation Partner’, in Shipping & Transport. He was recognised alongside Lawrence Fubara Anga as professionals “who are dual-qualified to practice in Nigeria and Ghana, and are particularly active in cross-border M&A work in West Africa”.

AELEX was established in 2004 through the merger of the practice of a Senior Advocate of Nigeria, and three other leading commercial law firms in Nigeria. The merger established one of the largest and most diversified law practices, in West Africa.

Covid-19: Ogun CJ sets 249 Prisoners free Ademola Orunbon Chief Judge of Ogun State, Justice Mosunmola Dipeolu, has ordered the immediate release of 249 prisoners from five Correctional Centres across the State, in an attempt to decongest the facility and avert the prisoners from contracting the Coronavirus.

Dipeolu said that the release of the inmates was based on the Federal Government’s decision to decongest the Correctional Centres, in a bid to contain the spread of Covid-19, noting that those released were men and women with cases ranging from stealing, burglary, assault to bodily harm and other minor cases.

She said the congestion would improve social distancing measures, thereby reducing the spread of the virus at the Correctional Centres, urging the released inmates to go back to the society and be useful for the entire nation, and refrain from sinful acts.

Justice Dipeolu however, said that the release was imperative, so as not to allow the Covid-19

‘Abolish Sheriff and Civil Process Act 2004 Now, it’s Impeding Ability to Uphold Rule of Law in Nigeria’, Access to Justice tells FG Akinwale Akintunde In furtherance of its integratiHuman Rights Advocacy Group, Access to Justice (A2J), has called for the abolition of the Sheriff and Civil Process Act 2004, saying it is arguably the biggest obstacle to the Judiciary’s ability to redress violations of human rights, and uphold of the rule of law in Nigeria.

A2J, in a statement signed by its Executive Director, Mr. Joseph Otteh, and Project Director, ‘Deji Ajare, stated that abolishing the Act or Section 84 of it will help the courts to more effectively play the roles assigned to them under the Constitution, which is to promote good governance and defend the rule of law.

The group noted that for thousands – or hundreds of thousands – of Nigerians, redressing the violations of fundamental rights is a fruitless exercise, or an unpromising gamble. This is because where aggrieved persons or families surmount all the odds inherent in prosecuting a claim through the court, they will routinely face a virtually insurmountable brick-wall - the lack of effective redress; the

ultimate inability to access any remedy the court has awarded them.

“One major reason why most efforts to hold public institutions – particularly law enforcement and security agencies – accountable often draw blanks, is because of the limitations placed on the power of courts of law to enforce their judgements by the Sheriff and Civil Process Act (“SCPA”) 2004.

Section 84 of the SCPA requires that a successful litigant must first seek and obtain the consent of the Attorney-General of the Federation (or of a State, if a State account is implicated), before an award of a monetary sum can be obtained from the accounts of the (Federal/State) Government or any of their agencies.

“When courts adjudicate claims asserting the violation of constitutional rights and award monetary reliefs against governmental institutions or agencies, it is expected that these institutions will abide by the judgements and willingly pay up. Not so, for a lot of agencies! Often, judgement creditors have to subsequently

apply to court for an order garnisheeing funds from the accounts of any adjudged debtor institution or agency, to meet the judgement award. However, citing and using this legislation, public institutions (including law enforcement and security agencies) have resisted efforts to garnishee funds in their accounts, on the basis of the SCPA.”, A2J stated.

According to Access to Justice, some courts have ruled that litigants can indeed, recover their monies from accounts of debtor public institutions in commercial banks, and, following this, many agencies – particularly the Nigeria Police Force – have, in collusion with commercial banks, used disingenuous methods to disguise and mask their accounts, and rendering them unrecognisable and impregnable, and therefore, inaccessible.

“The Central Bank of Nigeria (“CBN”) is presumptively aware of these deceptive banking tactics, yet turns a blind eye.

“In frustration, many litigants have sought to obtain

judgement debt sums from source, i.e. through the CBN. Unfortunately, the Central Bank of Nigeria has itself, obstructed and frustrated those efforts too, and, in case after case, the CBN has challenged efforts to hold public institutions accountable and uphold the rule of law by fighting to the hilt, endeavours to enforce monetary judgements against abusers through the Bank”, the group said.

Access to Justice therefore, called on the Governor of the Central Bank of Nigeria to reconsider the Bank’s longstanding history of support to perpetrators of human rights abuses, and to the role it has played over the years in shielding abusers from justice and accountability.

It urged the Governor to investigate also, the abuse of the banking system by public institutions through deceptive banking identity tactics, in order to undermine or resist judicial due process, and forestall the enforcement of judicial judgements; alongside this, to investigate the role of the Central Bank of Nigeria in sustaining

these deceptive tactics.

On the brutal impact of the Covid-19 economic stress on families denied justice, the group urged the Federal Government to prioritise victims and families of victims of human rights abuses in the delivery of Covid-19 relief measures, particularly those related to extrajudicial executions and disappearances, and those suffering from physical incapacity, due to the abuses they have suffered.

“The economic impact of the Covid-19 perils, will have a clearly disproportionate and far-reaching effect on thousands of victims of human rights abuses, who have been denied justice and who have endured brutal suffering over many years now. These include children, those with special needs or require special care, some of who are destitute. The failure of the legal or justice system to provide them justice and the concomitant financial reliefs that may have helped them through excruciating periods such as this, exacerbates the trauma they face daily, and, alongside this, the effect of the grave injustice they endure”, it added.

contact the inmates, noting that those being considered were those having little years to complete their jail terms, old age, those that have not met up with fines, those that have spent 50% of their jail terms, and those with medical related matters.

She said that some inmates awaiting trial ought not to remain in custody where matters for which they were charged for were not murder or armed robbery, adding that, where it was discovered that the prosecution of some cases was moving at slow pace or not heard at all for one reason or the other, those inmates were also pardoned.

She said that 48 inmates were freed in Ijebu-Ode, 41 in Sagamu, 7 in Ago farm settlement near Ijebu-Ode, 54 were released in Ibara, 32 in New Oba Prison, while 67 inmates were released at Ilaro Correctional Centres respectively.

While addressing Journalists, the State Attorney-General and Commissioner for Justice, Mr. Akingbolahan Adeniran, said that the Federal Government had so far released 2,600 inmates in various prisons across the country, to curb the spread of Covid-19. He added that, with the Federal Government directive, the Governor in his averred determination to decongest the Correctional Centres, has granted unconditional pardon and clemency to 249 convicts serving various terms in the Correctional Centres across the State.

He said "the Governor did this in line with Federal Government directive to decongest the prisons, following the outbreak of the deadly Coronavirus disease, which is currently ravaging the entire world, so that it won't escalate in the country".

He said that the idea of social distancing which was being preached in the country, as well as in the State, may not be attained if the Correctional Centres in the State were not decongested.

"You see, the social distancing will not be attained because of the way the inmates are arranged at these Correctional Centres, and I urge relatives, villages and families of the convicts so pardoned, to accept them", Adeniran said.

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05.05.2020

TALKING CONSTITUTIONAL DEMOCRACY DR. MIKE OZEKHOME, SAN

SMS only to 08098898888

President Buhari’s Shutdown of FCT, Lagos and Ogun States: The Legal and Constitutional Issues Arising Therefrom (Part 2)

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By Section 3, “the President may, by notice, declare any place whether within or without Nigeria to be an infected local area”. Section 4 gives the President powers to “make regulations”. He duly made the Covid-19 Regulations, 2020.

The powers include restricting “the introduction of any dangerous infectious disease into Nigeria or any part thereof from any place without Nigeria, whether such place is an infected local area or not” and “preventing the spread of any dangerous infectious disease from any place within Nigeria, whether an infected local area or not, to any other place in Nigeria” [Section 4(b)].

The court has held, on the interpretation of Section 45 of the Constitution, in MBANEFO v MOLOKWU (2014) 6 NWLR (Pt 1403) 45 of 377, that the section cannot be restricted to statutes alone, but includes “the rules and regulations guiding communities, which assist them in the maintenance of peace and tranquillity”. Buhari’s regulations qualify for this.

Introduction

wo weeks ago, we looked at the legality of President Muhammadu Buhari’s shutdown of the FCT, Lagos and Ogun States. Today, we conclude on this topic. Let me quickly warn here that the lurking danger in celebrating the easing of the well-advised lockdown, is that there will definitely be a new wave and geometrical resurgence of people testing positive to the Covid-19 virus. Fellow Nigerians, the easing of the lockdown is not Uhuru. Community infections will start in earnest, a more deadly manner. Nigeria does not have the wherewithal, or medical personnel to tackle this. This is therefore, the time to self-quarantine, to be more careful, and to observe all necessary precautionary hygienic and safety measures. Now read on, why Buhari's lockdown directive on Ogun, Lagos and the FCT was legally and constitutionally justified.

The Executive Powers of the President When President Buhari issued the Covid-19 Regulations 2020, pursuant to the Quarantine Act, he was careful to make provisions for restricting movements in only some parts of Nigeria (FCT, Lagos and Ogun States). He banned travel, and notified the affected State Governors and the FCT Minister. He secured their co-operation. He suspended all airports and aircrafts (except with special permits), and closed down courts (except for urgent essential issues) in those locations. The Regulations exempted hospitals, banks (to operate skeletal services), Lagos seaports, and commercial establishments dealing with food, petroleum, power and private security firms.

Antagonists have argued that, only State Governors, not the President, can close down their States. I am not unaware that the President had been too laid back, even after the Covid-19 pandemic was already globally acknowledged. So, why did he have to wait that long, before suddenly waking up and ordering lockdowns? I share these sentiments. But, two caveats here: we must first drive away the fox, before blaming the fowl for wandering too far into the bush. Secondly, two wrongs do not make a right.

Some have argued that the President should have first declared a state of emergency, in accordance with Section 305(1) of the 1999 Constitution. The snag in this argument is that, Buhari NEVER said he was declaring a state of emergency in those two States and FCT. It is only if he had said so, that he would be required to comply with the tortuous provisions of Section 305(2), (3) (4) and (5), which outlines the procedure for declaring a state of emergency. We should therefore, rest this argument regarding the President’s power to declare a state of emergency.

NASS on Compulsory Recess In any event, it is common knowledge that the NASS had abruptly adjourned proceedings for the same reasons of Covid-19, in exercise of its powers under Sections 4, 47, 48, 49, 50, 51, 53, 54, 55, 56, 58, 60, 62, 63 and 64 of the Constitution. The President lacks constitutional powers to order or summon the NASS (a different arm of Government), to immediately convene when it is on recess, like a Headmaster to school pupils, without declaring any state of emergency. Surely, that would have violently offended the hallowed doctrine of separation of powers and checks and balances, most ably propagated by great philosophers of yore: Plato; Aristotle (385 B.C.-323 B.C.); Polybius; John Calvin (1509-1564); John Locke (1632-1704); John Lambert (1619-1684); Immanuel Kant (1724-1804); Jean-Jacques Rousseau (17121778); Voltaire (1694-1778); Thomas Hobbes (1558-1679); Denis Diderot (1713-1784); David Hume (1711-1776); Rene Descartes (1596-1650); Isaac Beckam (1895-1958); and even Isaac Newton (1643-1727), most famous for his scientific theory of gravity. The foremost proponent of this doctrine (since enshrined in Sections 4, 5 and 6 of the 1999 Constitution), is the great French Judge and political philosopher, whose nearly a sentence-long name is Charles-Louis de Secondat Baron de La Brede et de Montesquieu. He is simply called Baron de Montesquieu (1689-1755). He wrote in “The Spirit of the laws” (1748), about the need to distribute power among a Legislature, Executive and Judiciary.

The executive powers of the President as encapsulated in Section 5 of the Constitution, are to “be exercised by him either directly or through the Vice-President and Ministers of

“......PUBLIC HEALTH”, “PUBLIC SAFETY” AND “PROTECTING THE RIGHTS AND FREEDOM OR OTHER PERSONS”, CONSTITUTE GROUNDS FOR THE RESTRICTION OF THE RIGHT TO FREEDOM OF MOVEMENT”

President Muhammadu Buhari

the Government of the Federation or officers in the public service of the Federation. They “extend to the execution and maintenance of this Constitution, all laws made by the National Assembly and to all matters with respect to which the National Assembly has, for the time being, power to make laws.”

The breadth of the President’s powers, has been emphasised in A.G. FEDERATION v ABUBAKAR (2007) 10 NWLR (Pt. 1041) 1, as thus: “The Nigerian Constitution envisages a single executive for which the President is the head and has vested in him, the executive powers. And, the principle of a single executive implies the preclusion of a concurrent vesting of the executive powers in two or more persons of equal authority. The principle also has the effect that the legislative organ cannot take away from the President or confer on others, functions of a strictly executive nature”.

See also: AG, ABIA STATE & ORS v AG, FEDERATION (2003) LPELR-610 (SC); OZOINYI & ORS v OGUAMA (2017) LPELR-CA/E/ 275/2016.

The Quarantine Act and Okafor’s Case I have read the case of FAITH OKAFOR v LAGOS STATE GOVERNMENT & ANOR (2016) LPELR-41066 (CA). The facts there do not in any way, contradict Buhari’s action. In that case, the Court of Appeal declared null and void and of no effect whatsoever, the order (by fiat) of the Lagos State Government, which breached Section 41(1) of the 1999 Constitution (right to freedom of movement). It held that, the order violated the fundamental right of the Appellant to freedom of movement, during the then monthly environmental sanitation era declared by the Lagos State Government. The Appellant had been arrested, and had her movement restrained by agents of the Lagos State Government during the exercise. The intermediate court held that, a mere order or directive of the Government cannot enjoy the status of law.

The Buhari directives differ from this scenario because they were enshrined in COVID-19 Regulations, 2020, made pursuant to the extant Quarantine Act of 1926 (now LFN Cap Q2, 2004). The Act may be old, but its existence has not been doubted by anyone.

As severally held by our appellate courts, a decision of a court is only authority for what it decides, based on its peculiar facts and circumstances. No case is identical with another; though similar.

Each case must therefore, be considered according to its own peculiar circumstances [UDO v STATE (2016) LPELR-4072 (SC); PDP v INEC & ORS (2018) LPELR-44373 (SC); SYLVA v INEC & ORS (2015) LPELR-24447 (SC); DIRECTOR, SSS v IBRAHIM (2016) LPELR-41618 (CA); IZEZE v INEC & ORS (2018) LPELR-4428 (SC)].

The Quarantine Act and Buhari’s Orders Some antagonists have argued that, Buhari ought to have first made some modifications to this Quarantine Act under Section 315 of the Constitution “to bring it into conformity with the provisions of this Constitution”. The President did not need such modification. Specifically, Section 2 clearly states that “dangerous infectious disease” means “Cholera, Plague, Yellow Fever, Small pox and Typhoid and includes any disease of an infectious or contagious nature, which the President may, by notice, declare to be a dangerous infectious disease”. WHO has already declared Covid-19 to be a highly infectious disease, and has indeed, termed it a pandemic.

Does the Quarantine Act breach Section 45 of the Constitution?

The Antagonists have strenuously argued that, the shut-down order breached Section 45 of the 1999 Constitution. I think not.

Section 41 provides: “Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereby or exit therefrom”.

It is correct, as held by the Supreme Court in INEC v MUSA (2003) 3 NWLR (Pt 806) 72 152, that all powers, legislative, executive and judicial, must ultimately be traced to the Constitution. The provisions of Section 41 of the Constitution, are not absolute. They are derogable in the sense that, they are inherently dressed with limitations in their ordinary application in Section 45(1), which provides: “Nothing in Sections 37, 38, 39, 40 and 41 of this Constitution shall invalidate any law that is reasonably justifiable in a democratic society a. In the interest of defence, public safety, public order, public morality or public health; or b. For the purpose of protecting the rights and freedom or other persons.”

It is crystal clear, as seen above, that “public health”, “public safety” and “protecting the rights and freedom or other persons” constitute grounds for the restriction of the right to freedom of movement. See FABUNMI v IGP, ABUJA & ANOR (2011) LPELR-3550 (CA); AG & COMMISSIONER FOR JUSTICE, KEBI STATE v JOKOLO & ORS (2013) LPELR-22349 (CA); IGP v ANPP (2007) LPELR-8932 (CA); USMAN v EFCC (2017) LPELR 43196 (CA).

Consequently, the Covid-19 Regulations, 2020, were enacted by the President pursuant to the Quarantine Act, which in turn derive their legitimacy from Section 45(1) of the 1999 Constitution.

Only four fundamental rights are excluded from derogation.

They are rights to personal liberty; freedom from discrimination; acquire and own immovable property anywhere in Nigeria; and, not to be held guilty of a non-existing offence, or to be imposed upon, a heavier penalty than as provided by law [section 36(8)].

Note also, matters concerning quarantine are provided for under the Exclusive Legislative list (Item 54, Second Schedule, Part 1 to the 1999 Constitution).

Doctrine of Covering the Field Indeed, under the doctrine of ‘covering the field’, it is actually the regulations of Lagos State, Lagos State Infectious Diseases (Emergency Prevention) Regulations, 2020, that ought to be subjected to the acid test of whether or not they conflict with the Quarantine Act or the Federal Governments COVID-19 Regulations, 2020 (though, I think not). This doctrine, as held by the Apex Court in A-G LAGOS STATE v A-G FEDERATION (2013) 16 NWLR (Pt 1380) 383, 327-328: “postulates that where a Federal Constitution or a Federal enactment has already covered a particular legislative field, no State or Local Government law can be enacted to cover the same field already covered by the Constitution or the Federal enactment. The Doctrine thus, postulates the mutual non-interference among the federating States on the one hand, especially by legislative action in the affairs of the other, with a view to achieving a very strong and effective working of the Federation.”

See also SARAKI v FRN (2016) LPELR-40013 (SC); INEC v MUSA (2003) LPELR-1514 (SC); OSIEC v ACTION CONGRESS (2011) All FWLR (Pt 567) 622; OLALEYE-OTE & ANOR v BABALOLA (2012) LPELR-9275). See also the NCDC Act, 2018 and the National Health Act 2014.

Conclusion Compatriots, Covid-19 is not child’s play. It is a matter of life and death. Let us pray. Let us take all the precautionary hygienic tips, which have already been rolled out globally.

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TUESDAY MAY 5, 2020 ˾ T H I S D AY

COVID -19 UPDATE...

Kukah Donates 30-room Hotel as Isolation Centre in Sokoto The Catholic Bishop of Sokoto Diocese, Dr. Matthew Kukah, has donated a 30-room hotel as isolation centre for COVID-19 cases in the state.

Announcing the donation via its ministry of health Twitter account yesterday,

the state government said the donation was done on behalf of the Catholic diocese in the state.

It said the bishop also donated a 15-room hospital for managing COVID-19 cases.

“The Catholic Diocese in

Sokoto headed by Bishop Mathew Kukah has handed over a 30-room hotel for isolating suspected cases at Aliyu Jodi Road and a 15room hospital for COVID-19 management at their Gidan Dare Clinic,” the tweet read.

14 Health Workers Test Positive in Katsina Francis Sardauna in Katsina No fewer than 14 health workers have tested positive for the COVID-19 pandemic while treating patients in Katsina State.

The state Governor, Aminu Bello Masari, who disclosed this yesterday while briefing journalists, said 10 of the infected medical personnel were from the Federal Medical Centre (FMC), Katsina, while four were from a private hospital in the state.

He said the 14 infected health personnel were doctors and nurses who treated patients who came

to their hospitals with normal symptoms that later tuned out to be COVID-19 pandemic.

The governor announced that the state had recorded 37 new confirmed cases of the deadly disease, bringing the total number of confirmed cases in the state to 75.

Masari reaffirmed that out of the 37 newly confirmed cases, 22 were from Katsina Local Government Area and one from Daura LGA. He said: “Based on the samples that were taken on April 2 and 4, 2020, we have a total of 37

confirmed new cases. So far, we have 75 positive cases, out of them, six has been discharged from the isolation centres.

“From the 37 new cases that were recorded, 14 are medical staff-doctors, nurses and auxiliary staff-but these are not medical personnel working directly with the COVID-19 patients.

“These were doctors and nurses who treated patients who came with the normal symptoms that later tuned out to be COVID-19. Ten of them are in FMC and four in a private hospital.

16 Lagos Doctors Test Positive Three Ondo health workers test positive James Sowole in Akure Medical doctors under the employ of Lagos State government yesterday said 16 of its members had tested positive for COVID-19.

This is coming as three persons who are members of the Ondo State COVID-19 team have been reportedly infected with the deadly disease.

The doctors, under the auspices of Medical Guild, at a press conference said the members had been playing a critical role in the COVID-19 response by engaging in training, contact tracing and surveillance, enlightening of the public and providing clinical care at the isolation centres and the hospitals.

Chairman of the Guild, Dr.

Oluwajimi Sodipo, said, “This has, unfortunately, led to several healthcare workers infected with COVID-19 and over 16 doctors isolated so far in the state workforce.

“There may be more doctors who are infected, but from the information available to us, 16 of our members are infected with COVID-19.”

Continuing, he said, “The current community transmission of COVID-19 has led to a situation where everyone can be designated as a COVID suspect, especially as there are asymptomatic patients as well as those with atypical symptoms.”

He, however, said the infected doctors “are doing fine and we don’t have any mortality among

our members.”

Speaking on the recent relaxation of the lockdown in the state, Sodipo called for prompt and widespread testing of suspected cases.

Meanwhile, three persons who are members of the Ondo State COVID-19 team have been reportedly infected with the deadly coronavirus disease.

The victims who included a driver and two casual health workers were among the recent cases discovered in the state.

With the development, the cases in the state are still 13.

The state governor, Mr Rotimi Akeredolu, disclosed this yesterday while speaking with journalists at the Government House, Alagbaka, Akure, the state capital.

Osun Discharges Two Children, Six Others Osun State Government has discharged eight COVID-19 patients, among them two children.

The state Commissioner for Health, Dr. Rafiu Isamotu,

disclosed this yesterday in a Facebook post.

Isamotu said the c h i l d re n a re t w o a n d a half years old, and three years old, adding

that three of the patients are males, while the remaining five are females.

He said the state now has two active COVID-19 cases and three fatalities.

Lagos Speaker Denies Allegation of N1bn Contract Fraud The Speaker of the Lagos State House of Assembly, Hon. Mudashiru Obasa, yesterday denied allegation that he was involved in money laundering through contract scams.

Obasa described as “absurd, abusive” and “malicious” the claims that he awarded contracts to himself through companies registered in the names of his father, wife and children.

Obasa’s counsel, Mr. Lawal Pedro (SAN), in an April 30 letter said none of the firms mentioned had ever been engaged or awarded any contract by the lawmakers.

He demanded that the publisher retract the story within seven days and apologise, or face a N1 billion defamation lawsuit.

The letter, ‘Demand for retraction of defamatory statements published against and concerning the person of Hon, Mudashiru Ajayi Obasa and apology for the publication, reads in part: “Upon our discreet inquiry we were able to confirm that the House of Assembly has never at any time engaged or awarded any contract to any of the listed companies in the publication.

“Therefore, we find the publication utterly absurd, abusive, malicious,

and amount to irresponsible journalism to deliberately tarnish the image of the Rt. Honourable Speaker of the Lagos State House of Assembly (our client).”

Pedro said although the lawmakers had already denied the “said false and malicious publication on social media platforms” the online medium repeated the claims elsewhere.

“In your subsequent publication of 25th March 2020 captioned ‘Exclusive: Tinubu, GAC back Lagos Assembly Speaker, Obasa, over suspension of lawmakers, corruption’ you repeated the same malicious statement concerning our client...,” Pedro said.

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BUSINESSWORLD R A T E S MONEY MARKET OVERNIGHT OBB

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Group Business Editor Obinna Chima

Email obinna.chima@thisdaylive.com 08152447875

A P R I L

S & P INDEX INDEX LEVEL 1-DAY MONTH-TO-DATE

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EXCHANGE RATE ͹ʹͯ˚ͯ ̊ ̊

Quick Takes BudgIT Harps on Open Budget

SUPPORTFOR COVID-19 FIGHT

GroupChiefTechnicalOfficer,NotoreChemicalIndustriesPlc,Mr.BodeAgagu(left),presentingfoodreliefitemstotheSecretarytotheRiversState Government,Dr.TammyDanagogo,donatedbyNotoreinsupportofstate’sCOVID-19response,atPortHarcourt...recently

BudgIThasexpressedconcernsoverNigeria’sunsatisfactoryoverall score in the 2019 Open Budget Survey (OBS) report launched recently.

To this end, the organisation has urged the federal government to take urgent steps to improve its budget process to global acceptable standards. The Open Budget Survey is a biennial global, independent and comparativeassessmentwhichevaluatespublicbudgetaccountability of the national government based on three key metrics - transparency, public participation and Institutional oversight.The report, which was announcedthroughalivewebcast,revealedthatNigeriascored22/100 in public participation, 55/100 in budget oversight, and lastly, 21/100 in transparency, which also represented the overall Open Budget Index score. A statement from BudgITrecalled that in the 2017 OBS report, Nigeria had an overall Open Index Score of 17/100. “Whilethenewlyreleased2019reportshowsa4-pointimprovement, according to the survey, this does not infer that much progress has been made especially when the previously raised underlying issues are still prevalent. For example, Nigeria’s low score in transparency can be attributed to insuďŹƒcient comprehensiveness of key budget documents as well as late publishing and non-public availability of these budget documents. “BudgIT hereby enjoins the federal government to deepen its measures in ensuring adequate transparency and accountability in its budget process, by ensuring that key budget documents are not just produced in a detailed and timely manner, but also made publicly available to the citizens,â€? it added.

DPR Donates PPE to Lagos

Report: IOCs Under-Reporting Gas Flare Figures to Evade New Levies Chineme Okafor in Abuja Oil companies in Nigeria are under-reporting the volume of gas they flare from oil fields to avoid paying the upgraded levy imposed on gas flaring by the federal government, a report has disclosed.

Presented to journalists during an online workshop conducted by the Facility for Oil Sector Transparency and Reform in Nigeria (FOSTER) and the African Initiative for Transparency, Accountability and Responsible Leadership (AfriTal), the report alleged the existence of significant discrepancies in reports of gas flared by IOCs since Nigeria reviewed its fiscal penalty from 50 cent to $3.50 per

ENERGY 1000 standard cubic feet (scf) of gas flared from 2018.

According to the report, data obtained from the NNPC and a World Bank supported Gas Flare Tracker (GFT) which were compared showed that between 2013 when the GFT was launched and 2017, flare data from the NNPC and GFT were almost perfectly in alignment, but subsequently changed significantly in 2018 when the fiscal penalty was reviewed upwards.

It noted that while data from the GFT – a satellite-based system - were within the previously existed numbers, that of the NNPC significantly reduced

with a wide discrepancy level of reporting noticed.

The GFT though has been handed over to the National Oil Spill Detection Response Agency (NOSDRA), its satellitegenerated data is reportedly safe from manipulation. It is equally said to collect information on gas flare in oil fields across Nigeria every 24 hours and sums them up every month. In his presentation at the workshop, Mr. Jesse Martins Manufor of the Stakeholder Democracy Network (SDN), explained that the GFT as an environmental monitoring tool which was upgraded in 2019, uses remote sensing to determine the amount of gas flare in NIgeria. “The US weather satellite moves across the Niger Delta

every 24 hours, records and calculate the value of gas flared, emissions, fines and the energy that can be generated from the flares. The assumption underpinning its operation is that nothing burns consistently hot in the same isolated location as gas flare. “The heat recorded from these flare sites is about 1400 kelvin and no bush fire can be this hot or be at the same location after 24 hours,� Manufor stated.

According to him: “Since 2013 when the GFT was launched, data from the tracker significantly matched that of the volumes declared by the oil and gas companies in the records of NNPC up until 2017. However, there Continued on page 24

IEA: Global Energy Demand to Record Sharp Decline in 2020 Peter Uzoho World energy demand will witness an unprecedented decline in 2020, a drop bigger than any since the World War II, due to the effects of the COVID-9 pandemic and the attendant lockdowns in many countries, the International Energy Agency (IEA) has predicted.

The IEA specifically predicted a six per cent decline in energy demand for the year, saying, in absolute terms, the drop would the largest on record, while in percentage, it would be the steepest decline in 70 years.

The agency’s prediction emanated from its latest Global Energy Report released recently, wherein it also projected that only renewables would record

ENERGY growth in the year under review, surpassing all other sources of energy, owing to certain factors.

The Executive Director of IEA, Mr. Fatih Birol, stated in the report, that demand hit from the pandemic was expected to be seven times greater than the decline in the aftermath of the financial crisis in 2008. “In absolute terms, the decline is unprecedented — the equivalent of losing the entire energy demand of India, the world’s third largest energy consumer,� he said.

The projections were based on the assumption that shelter-inplace and social distancing measures will slowly ease in the

coming months, with a gradual economic recovery following.

Under a faster return-tobusiness scenario, the report stated that demand loss could be limited to 3.8 per cent while a possible second wave of the virus could cause a greater than six per cent decline. “This is a historic shock to the entire energy world. Amid today’s unparalleled health and economic crises, the plunge in demand for nearly all major fuels is staggering, especially for coal, oil and gas “It is still too early to determine the longer-term impacts, but the energy industry that emerges from this crisis will be significantly different from the one that came before,� Birol added.

According to the report, the

impact has already been felt. In the first quarter, energy demand fell 3.8 per cent year-over-year, wiping out all of 2019 demand growth.

It added that coal was hit especially hard in the quarter after the outbreak brought much of China, a coal-based economy, to a standstill and that cheaper gas prices as well as warmer temperatures also contributed to the decline.

The IEA projected that annual demand would drop eight per cent, which would be the most since World War II. The report also noted that oil had also been heavily impacted, with roughly 60 per cent of global demand for crude stemming from Continued on page 24

The Department of Petroleum Resources (DPR) has donated Personal Protective Equipment (PPE) to Lagos State government to support its eorts in the management of the COVID-19 pandemic in the state.The items donated included 1,000 units of face masks, 1,000 units of protective boots, 1,000 units of coverall protective gowns, 1,000 units of hand gloves, 1,000 units of disposable bags and other protective materials.

The Director of DPR, Mr. Sarki Auwalu, who handed over the items to the state through the agency’s Head of Public Aairs, Mr. Paul Osu, said the gesture was in line with DPR’s corporate social responsibility (CSR) programme speciďŹ cally channeled to the various categories of health workers who have been in the frontline providing care in the battle against the COVID-19 pandemic.

Auwalu, in a statement, commended the state governor for the dedication and leadership he has displayed in the management of the pandemic in Lagos State. He assured that DPR would continue to provide needed support to the Government in the management of the pandemic and beyond.

Responding, the Deputy Chief of Sta to Lagos State Governor, Mr. Gboyega Soyannwo, who received the materials on behalf of the governor,expressedhisgratitudetoDPRforthedonationandcooperation at all times. He assured that the materials would be deployed to the health workers to provide them with the needed protection in the management of COVID-19 pandemic.

CommunicationFacilitatorsSupportFamilies

Communication Facilitators Limited recently distributed food items to 300 families in Ogba and Shanginsha areas of Lagos state.

Thefooditemsdistribution,whichtookplaceatOsholaareaofOgba andShanginshaareaofMagodoovertheweekend,witnessedrelevant community development areas leadership supervising the sharing of the items amidst compliance to social distancing guideline and use of personalprotectivegears.Speakingontheinitiative,thechiefexecutive oďŹƒcer/managing director of Communication Facilitators Limited, Mr. Adewole Ayara, said, the company was giving back to the society at this time to help relieve the government of huge responsibility it is facing. “We have realised the diďŹƒculties people are going through at the time especially, in terms of getting basic food items. We believe this will go along way for these 300 families,â€? adding that “We chose Oshola andShanginshabecausethesearetwopossibleareaswecanobviously attend to at this time,â€? he said.

“With our knowledge of Africa and its intricacies in the fight against the spread of COVID-19, we have contributed about $3 million in the form of cash, healthcare equipment and supplies �

Group CEO, ETI,

Mr. Ade Ayeyemi

t a a c M s t r F d in

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Ir o O o a s v t in p t

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BUSINESSWORLD REPORT: IOCS UNDERREPORTING GAS FLARE FIGURES TO EVADE NEW LEVIES has been a significant variation in volumes in the NNPC 2018 and 2019 data as compared to the GTF. “These variations appear to be significantly high. According to the NNPC’s data in 2018, Nigeria flared 282bcf of gas which makes about 10 per cent of the total gas produced. On the other hand, GFT reported 472.4bcf of gas for the same year. Also, according to NGFCP, Nigeria flared 325bscf of associated gas in 2019, representing 11 per cent of gas produced in the country, while GFT recorded 475bscf as gas flared for the same year.�

He further mentioned that whilst there seems to be an accurate alignment between the gas reported to be flared before 2018 by GFT and NNPC, there was a significant difference between the figures from 2018. “This might be as a result of gas flare regulations introduced in 2018, which imposes an increase in the fines to be paid for gas flaring. Prior 2018, it made more sense to flare and pay a penalty of 50 cent because there was no stringent enforcement.

IEA: GLOBAL ENERGY DEMAND TO RECORD SHARP DECLINE IN 2020 driving and flying, so with people at home and planes grounded demand has fallen off a cliff.

In March, oil demand dropped by a record 10.8 million barrels per day from a year earlier and in April, the IEA estimated that demand would fall by 29 million barrel per day year-on-year, hitting a level last seen in 1995.

Electricity demand has also contracted with factories shuttered and businesses closed as people work from home. “Changes to how and when electricity is used during lockdowns have transformed the shape of electricity demand over the course of the day in some regions, with the pattern on weekdays now resembling the pattern usually seen only on Sundays,� the report said.

For the full year, the agency expects electricity demand to fall five per cent for the full year, which would be the largest decline since the Great Depression.This means a falloff in demand for natural gas after 10 years of uninterrupted growth.

Group Business Editor

Obinna Chima

Capital Market Editor

Goddy Egene

Comms/e-Business Editor

Emma Okonji

Senior Correspondent

Raheem Akingbolu (Advertising) Correspondents

Chinedu Eze (Aviation) Eromosele Abiodun (Maritime) James Emejo (Finance) Ebere Nwoji (Insurance) Chineme Okafor ((Energy) Reporters

Nume Ekeghe (Money Market) Nosa Alekhuogie (ICT)

NEWS

Nigeria Spent N752 Billion on Subsidy in 2019 Chineme Okafor in Abuja

spent on pipeline repairs and management costs, as well as N3,460,993,736 calculated as the financial value of the volumes of crude oil that were lost.

Specifically, the NNPC noted that in January 2019, the country spent N40,532,561,017 on petrol subsidy; N2,875,580,922 in February; N13,335,581,366 in March; N104,347,173,012 in April; and N102,338,409,727 in May. It further spent N30,637,245,949 in June on

petrol subsidy; N93,691,861,719 in July; N42,926,632,833 in August; N31,405,120,306 in September; N29,312,835,072 in October; N33,187,554,072 in November; N26,628,940,202 in December and then incurred N43,306,174,744 in January 2020. The figures according to the corporation are reported in arrears.

Similarly, it stated that the consolidated performance of the refineries showed that they lost N8,362.02 billion; N10,259.27

billion; N16,036.17 billion; N11,439.86 billion; N13,629.28 billion; and N17,420.47 billion in the first six months of the year which were January, February, March, April, May, and June respectively.

The refineries further failed to earn N13,836.04 billion in July; N13,209.08 billion in August; N7,074.31 billion in September; N11,716.56 billion in October; N12,517.09 billion in November; N13,457.59

billion in December of 2019 and then N9,601.49 billion in January of 2020, with all the figures recorded in arrears.

The refineries, the NNPC report stated were largely inoperative in 2019 with their capacity utilisation remaining at zero most of the time except for January, February, March, May and June when they operated at various low percentage levels of 5.55 per cent; 13.18 per cent; 3.17 per cent; 1.75 per cent and 2.14 per cent.

The federal government paid N752 billion as petrol subsidy in 2019, a report by the Nigerian National Petroleum Corporation (NNPC) has disclosed.

According to a recent report on NNPC’s operations and financial activities for the period of January 2020, the country doled out a whopping sum of N594,525,670,942 to the corporation as subsidy payments captured as under recovery in its books between January 2019 and January 2020.

The report indicated that Nigeria currently imports most of the refined petrol used in her domestic economy; explainin that 21,832,380,171.73 litres of petrol were imported into the country through its Direct Sales Direct Purchase (DSDP) swap programme between January 2019 and January 2020.

In the same vein, the country’s three refineries which have largely remained dilapidated incurred a total of N158.6 billion as losses within the same period. Both subsidy claims and refineries deficits amounted to circa N752 billion.

However, the report showed that apart from the expenses, the country also lost about N28,396,312,295 to stolen L-R:SpecialAdvisertotheLagosStateGovernoronAgriculture,Mrs.AbisolaOlusanya;MarketingManager,PromasidorNigeriaLimited,Mr.Abiodun or lost products within the Ayodeji; LagosStatePermanentSecretaryonAgriculture, Dr.OlayiwolaOnasanya,duringthecompany’soutreachprojectinitiativetosupportthefight period; N132,143,966,247 againsttheCOVID-19pandemicinLagos...recently ETOP UKUTT

OUTREACH PROJECT

Experts Canvass Urgent Repositioning of Nigeria’s Oil Industry Peter Uzoho Amid concerns arising from the current fall in crude oil prices caused by the COVID-19 pandemic and its effect on the Nigerian economy, industry experts and policy analysts have stressed the need for the country to seize the opportunity to reform the petroleum sector and diversify the economy.

The experts who spoke at the maiden webinar session on Post-COVID-19 Petroleum Agenda for Nigeria (PoCoPAN), jointly organised by OrderPaper Nigeria, Publish What You Pay Nigeria and DotCivics, recently, however predicted that despite the current crisis in the global oil market there would still be stability in oil price.

The event with the theme: “COVID-19 Opportunity for Petroleum Reforms in Nige-

ria�, featured the Chairman, Society of Petroleum Engineers (SPE) Nigeria Council, Mr. Joe Nwakwue and entrepreneur and presidential candidate of the Abundant Nigeria Renewal Party (ANRP) in the last general elections, Mr. Tope Fasua.

In a communique at the end of the virtual conference signed by the Executive Director of OrderPaper Nigeria and Convener of PoCoPAN, Mr. Oke Epia, the speakers noted that the crude oil price stabilisation would occur once the global economy picked up.

The communique read: “Crude oil price would eventually stabilise as global economy gradually picks up (this is due to the fact that price volatility is an inherent characteristic of the Oil and Gas industry). “There is however, a pervasive concern that the nation may not

learn from this present experience based on patterns deduced from previous oil price crash scenarios. “The present pandemicinduced economic crisis occasioned by the fall in crude oil price is as a result of obsolete and inappropriate policies that regulate the petroleum industry; lack of will by government to use resources from oil and gas to facilitate development of industry value chain & other sectors of the economy; over-dependence on foreign technology; and exportation of raw materials rather than refined products. “Funding of the 2020 national budget in the current crisis is a huge challenge attributed to the fact that Nigeria runs a petro-dollar economy (53 per cent revenue of 2019 budget was provided by foreign exchange from oil and gas industry). “The country’s oil and gas

industry has not witnessed new exploration in the last decade as critical stakeholders such as investors, host communities and the government remain unsatisfied with the current path the industry threads. “Diversification and reinvention of the economy from a sole petro-dollar source is highly imperative to insulate the country from the effects of future price volatilities.�

The speakers also stated that critical decisions had to be made to determine models that would be most suitable for efficient running of the nation’s Oil Gas industry.

According to them, Joint Ventures (JVs) and Production Sharing Contracts (PSCs) need to be re-evaluated so as to determine if the current arrangements are providing maximum benefits for the country.

While highlighting the potential of the Nigerian oil and gas industry potential to generate between 12 and 15 trillion naira per annum, insisted that there was no better time to reposition the sector other than now.

The communique further read: “Revenue from Oil and Gas operations is needed to facilitate the country’s emergence from the Dutch disease hence, it was recommended that Reserve to Production (R/P) ratio should be increased, gas assets developed and the midstream sector enhanced in a string of industry diversification that will impact the economy in general. “The petrol subsidy regime strongly impedes development of the industry and cobbles the participation of private investors and should therefore be abrogated to allow for deregulation of the downstream sector.�

PPPRA Delays Petrol Pricing Template for May Emmanuel Addeh in Abuja The Petroleum Products Pricing Regulatory Agency (PPPRA) has delayed the release of the monthly template for petroleum pricing in the country.

In March and April this year, the agency had announced the pump price as N125 and N123.50 per litre respectively and had promised an update at the beginning of every month.

THISDAY checks however revealed that the Nigerian National Petroleum Corporation (NNPC) still sells the pump price of petrol at N125 per litre

Attempts to get the reaction of the agency were not successful as a top officer of the company, who interfaces with the media, Mrs. Folashade Kayode said she was on leave and couldn’t speak on the matter.

Some operators in the downstream sector told journalists recently that the pump price of petrol could drop further by between N5 and N8 per litre, given the dynamics in the international crude oil market.

The Chairman, Board of Trustees, Independent Petroleum Marketers Association

of Nigeria, (IPMAN) who is also the Executive Director, Nipco Plc, Aminu Abdulkadir, said the price band for petrol would go down as far as crude oil prices stayed low.

Speaking in a television interview, he maintained that the PPPRA would always provide a band or a range because the price of the commodity was not definite, stressing that by the time the market is totally free for marketers to import on their own, the band could still fall by at least N5 to N8.

Last week, the Executive Secretary of the agency, Mr.

Abdulkadir Saidu, said that going forward, pricing of petrol would reflect market fundamentals, adding that the PPPRA, “will continue to monitor price trends and advise monthly guiding price for all petroleum products, based on prevailing market realities and other pricing fundamentals.�

He said recent plunge in the prices of crude oil and petroleum products occasioned by the outbreak of coronavirus pandemic and slowing global oil demand, had a direct bearing on the Expected Open Market

Price (EOMP) pushing it to a level below the pump price cap before now.

Saidu had said, “the review of the pump price of PMS would be on a monthly basis and changes made, depending on the realities on the ground�.

Saidu had also noted that the template set at the beginning of every month would apply till the end of the month, adding that, “PPPRA will be modulating a monthly price of petroleum products based on the market fundamentals.�

It, however, failed to do that as of Sunday night.

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T H I S D AY Ëž ÍłËœ 2020

BUSINESSWORLD

INTERVIEW

Ajumogobia: It’s Time to Restructure Nigeria’s Oil Industry Mr. Odein Ajumogobia, a former Minister of State for Petroleum Resources currently chairs the Expert Advisory Panel of the Nigeria Natural Resource Charter. In this interview, he highlights policy actions that may not be late for the country to embrace to reposition its oil and gas sector. Chineme Okafor brings the excerpts: policy is still ahead of us. It will come when the price of crude oil rises again as it inevitably will and the cost of landing a litre of petrol in a liberalised market reflects the higher price of crude and goes higher than the consumers might have anticipated. In anticipation of that time, government must target the subsidy to the poor and vulnerable in subsidising public transport for example to cushion the effect of an inevitable increase in the pump price in due course.

Nigeria barely made it out of an oil-price induced economic recession in 2016, and may be headed to a similar recession almost four years after, do you think the country learnt from the past?

Since 2016 Nigeria has unfortunately not taken steps to mitigate the impact of its undue dependence on the export of crude oil, although the combination of the COVID-19 impact and the oil price war has created a perfect storm for us in Nigeria. We will therefore feel the full brunt of the steep fall in the price of oil to below $20 per barrel due to the unprecedented low demand for energy, compounded by our high level of debt service from contracted revenue.

The impact of the COVID-19 pandemic and its effect on economies across the globe is selfevident. Nigeria cannot therefore be immune to the almost inevitable global recession that will result from significant decline in global output this year that has resulted in consequent negative economic growth rate forecasts.

But is it possible for the country to have avoided this looming recession?

Probably not, since the looming recession will be part of a global phenomenon. I am not an economist but I can point to a few things that the government could have done to better weather the storm: it could have between 2016 and now conservatively saved and deployed $10 billion to $15 billion dissipated in petrol subsidies; abrogated the N305 to $1 official exchange rate to immediately realise more government revenue and promoted greater efficiency by carrying out a phased reduction in the size of government by reducing the staggering number of government departments and agencies by implementing the April 2012 Steve Oronsaya Report.

In addition, our well-conceived savings mechanisms - the Sovereign Wealth Fund (SWF) and Excess Crude Account (ECA) were unduly depleted. These could have been used as a buffer to fund the budget instead of having to reduce it by N1.5 trillion.

Almost everyone talks about oil price slump as perhaps the ultimate impact of the Covid-19 on Nigeria, what about fuel supply security; do we have any real threats to our fuel supply system considering that we import almost all the reďŹ ned fuel that we need to power the economy?

In 2010 I visited South Korea as Minister of Foreign Affairs and was taken on a tour of a small sections of that countries underground strategic fuel reserves. They had reserves to keep running if imports were disrupted for any reason for a considerable period. Many countries have the same. It is essential. We in Nigeria do not have material strategic reserves.

I believe NNPC has assured of 60 day’s supply.

We are therefore vulnerable to an interruption of fuel importation and supply.

NNPC is currently the sole importer of fuel and has said it has activated measures to guarantee seamless distribution of petrol across the country throughout the period of the lockdown and beyond. That is reassuring but we must build substantial strategic reserves, especially in the absence of working refineries.

How about LNG trading, what real obstructions do you think the NLNG will experience; will Covid-19 dent its Train-7 expansion plan, if it will, how long do you think it would take to get back on track?

The stringent measures adopted to contain Covid-19 pandemic has led to a sharp decline in natural gas demand due to fall in industrial and domestic consumption. LNG supply thus exceeds demand, with the likelihood of a further depression of demand in the coming months. With LNG storage tanks almost full, many LNG importers are unable to accept new cargoes invoking force majeure clauses.

Regarding the impact of Covid-19 on NLNG Train-7, because of the long-term nature of gas contracts, it’s really about windows of

Ajumogobia opportunity, and securing future long-term buyers now for the time when the project will come on stream. COVID-19 has made that prospect uncertain. Planners will have to go back and review the market and reevaluate their previous projections that led to a partial FID for NLNG Train-7.

There are talks on what to do with NNPC’s decrepit reďŹ neries. In your opinion, what should be done to the reďŹ neries?

I think that the plan announced by the new GMD of NNPC to have them operated and managed under management contracts with private sector operators is a welcome departure from the madness of the past that has cost the country so much. I think we should try that. Refining is not a complex process. Our refineries are staffed by knowledgeable and experienced people. Our neighbors in West Africa, have old refineries that are operating effectively. I am therefore led to believe that it is a management issue. Let’s outsource the management as the GMD has proposed.

The cost of our dysfunctional reďŹ neries is up to $2.8 billion per annum in an import bill for fuel plus all the other cuts of a barrel of crude oil that we forfeit in our swap arrangements of crude for reďŹ ned products or exporting our crude and importing reďŹ ned products

Can you give an idea of what Nigeria loses to the dysfunctional reďŹ neries in terms of GDP contribution, job creation, value addition, and national prestige?

The cost of our dysfunctional refineries is up to $2.8 billion per annum in an import bill for fuel plus all the other cuts of a barrel of crude oil that we forfeit in our swap arrangements of crude for refined products or exporting our crude and importing refined products. This is more than our educational and health budget combined. The savings would also do much to enhance infrastructure in the area of gas and power especially. Regarding job creation, one must also lament the fate of the skilled existing workforce that have been made redundant in our largely moribund refineries. Further employment would be created if our refineries and the lubes plant in Kaduna refinery were working at the world average of 90 per cent capacity. This would boost the country’s Gross Domestic Product (GDP), especially if local demand was met and value-added refined products were exported to countries within the West African sub region and beyond, also enhancing our profile in the region.

Have you seen the recent announcement on removal of petrol subsidy and what do you think about it?

I have been a long-standing advocate of the removal of the subsidy on petrol. It was eventually removed on diesel and ironically on kerosene too which was touted as the fuel for the economically deprived. There was no sane reason for retaining it for petrol. At current crude oil prices there is no compensation due to any importer for delivering an imported cargo of petrol to the pump at the price stipulated by government, which is what the subsidy does.

Indeed, the last published PPRRA template would suggest that the price should be under N90 per litre and not the current N123.50 per litre that was announced. The sector should be liberalised so that private oil marketers can re-enter the market. PPPRA should simply monitor the market and post indicative prices.

The test of the response to the subsidy removal

Let’s consider the Excess Crude Account (ECA), its content has really declined and NNRC has raised the alarm on this; what really is the NNRC afraid of here?

We have always noted that the ECA has no legal backing. It is effectively at most a voluntary contribution by the federal and state governments of the excess revenue above the benchmark price. The fact that the 36 state governments went to court over the transfer of $1 billion from the ECA to the SWF suggests it was not a voluntary contribution on the part of the state and local governments.

Even if it were a voluntary subscription, the subscribers would subject to the terms of the subscription be at liberty to demand the return of their contribution. This does not allow for the stability required of a SWF. The problem is therefore not cured by transferring the funds in the excess crude account to the SWF which comprises savings from funds earned by the federal government after distribution to states.

This is really a constitutional issue where our constitution envisages a zero-balance federation account to be distributed amongst the three tiers of government in agreed ratios. The solution for savings through the ECA or the SWF if it is to include the sub-national governments requires a political consensus in a multi-party democracy and the appropriate constitutional amendment.

I know the NNRC has made several policy recommendations through its Benchmarking Exercise Report (BER) on how Nigeria’s oil resources should be managed, but in such emergency situation that Covid-19 has brought our way, what practical steps would it proffer for adoption?

We must begin to do what we have been advocating since 2012 when our first BER was published. My four broad priorities would be the following: greater public sector accountability, this would embrace greater transparency and fairness, also abrogating discriminatory policies and practices in order to rebuild public and investor trust that is essential; clarifying the framework for subsidy removal permanently and strengthening the sector regulators; updating laws by fast-tracking the Petroleum Industry Bill (PIB) and reviewing and implementing a comprehensive oil and gas strategy informed by the impact of the Covid-19 pandemic; build sustainable stabilisation structures in the oil and gas producing regions by training and harnessing the capacity of youths currently involved in illegal deleterious activities.

Depending on when Covid-19 ends, how long from then do you think it will take Nigeria to recover from its impacts?

As I have said earlier the challenges brought about by COVID-19 have merely highlighted the inefficient management of our dominant natural resource - oil and gas, in the lack of accountability, the neglect of stabilisation mechanisms such as the SWF, the retention of a wasteful petrol subsidy regime, etc. It is time to quickly restructure our industry beginning with the accelerated passage of the PIB with fiscal terms that will attract the investment that will be seeking outlets as the world recovers from this pandemic. It is time to position ourselves for the unprecedented high growth that is possible in the sector and in our economy if we set our minds and policies right towards gas development and value addition to our crude oil.

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BUSINESS/MONEYGUIDE

COVID-19: Analysts Highlight Lessons from China Peter Uzoho Analysts that spoke at a recent Chief Financial Officers’ (CFO) forum organised by KPMG Professional Services have highlighted the lessons to learn from how China tackled the spread of the COVID-19 pandemic.

The forum held via a Webinar with the theme: “Surviving the COVID-19 Pandemic - Lessons from China. � The event had Partner & Vice Chairman, KPMG China, covering the Wuhan Province, William Gong, as a keynote speaker. Gong, during his keynote presentation, shared with the CFOs, a step-by-step guide

on China’s efforts in gradually re-opening its offices. He rounded off with specific insights from the KPMG China office while strongly advising that the recovery would take some time and that all organisations must, while gradually returning, prepare for another shutdown while ensuring social distancing protocols in the offices. Senior Partner, KPMG in Nigeria and Chairman, KPMG Africa, Kunle Elebute, highlighted the impact of Covid-19 on most African Countries, describing it as a twin shock on the economy due to a fall in demand for natural resources (including oil & gas), African commodities, and

tourism, etc.

Also, Clinical Director, St. Nicholas Hospital, Dr. Ebun Bamgboye, made a presentation rendering local perspectives, insights and in-depth analysis of the coronavirus, with statistics on the spread rate, and other relevant data. Strategic Advisor, Healthcare & Life Sciences, KPMG South Africa, Dr. An uschka Coovadia,was also one of the speakers who provided lessons from her location highlighting South Africa’s unique trajectory and a need to prepare as the exponential curve is inevitable as well as careful workplace re-entry strategies.

Experts Call for Measures to Support Naira Stability Some financial market experts have advised the federal government to take measures to ensure that the value of the naira against the dollar is preserved.

They suggested that more items should be added to the Central Bank of Nigeria’s list of items not allowed to source forex from the regulator’s windows.

This, according to them, would help cut down demand for dollars.

According to a forex expert, Jamiu Hamisu ‘‘In 2016, the naira

began depreciating against the Dollar following global economic down-turn. The naira went as low as N520 to $1 and this was when Vice President Yemi Osinbajo became acting President.�

A foreign exchange trader, Patrick Oga, said the major instruments to ensure naira stability is the oil price and reserves. He added: “The best the CBN can do is to continue to hold the naira. The only place we can see naira depreciation is at the parallel market and the BDC,

so what they will continue to do is to put them under control.�

Also, a financial analyst, Fred Balogun said: “Once all of this is over, they will commence selling to them to moderate the volatility in that market so what they will continue to do is to use same foreign exchange management policies and add some other things to the exclusion list. So what they will continue to do is to use forex demand management policy while they try to whip the BDC under control.

COVID-19 - NestlĂŠ Donates N32m to Kano State Ibrahim Shuaibu Ă“Ă˜ Ă‹Ă˜Ă™ NestlĂŠ Nigeria has donated food and beverages worth N32 million to support the COVID-19 palliative efforts in Kano State.

This donation was part of the company’s contribution of over N700 million, made up of its products and cash, towards the national response efforts led by the Presidential Task Force on COVID-19.

The food and beverages donated by NestlĂŠ would sup-

port individuals and families impacted by the containment measures put in place by the state government to stop the spread of the corona virus.

Present to receive the donation on behalf of Kano State, was the Special Assistant to the Kano State Governor on Food Security and Member of the Kano State COVID-19 Fund Raising Committee, Alhaji Ahmada Haruna Zago, who represented the Chairman of the Committee, Professor Muhammed Bello.

He commended NestlÊ Nigeria for supporting the government’s efforts towards cushioning the impact of COVID-19 on the indigenes and residents of Kano State.

While announcing NestlÊ’s contribution to the fight against COVID-19 in Nigeria, the company’s MD/CEO, Mr. Mauricio Alarcon, said in line with the company’s purpose of enhancing quality of life and contributing to a healthier future.

Digital Encode Becomes NITDA’s Data Protection Compliance Licensee Emma Okonji Digital Encode, a consulting and integration firm, has been licensed licensed under the Data Protection Compliance Organisations (DPCO) by the National Information Technology Development Agency (NITDA).

With the development, Digital Encode is recognised

by NITDA to provide training, auditing, and consulting services throughout the country in line with the Nigeria Data Protection Regulation (NDPR) principles.

On 25 January 2019, the NDPR was issued by NITDA, the ICT regulator for the nation.

Among the objectives behind the regulation were the protection of the privacy rights and freedoms of Nigerian citizens, on the one hand, and the promotion of local and foreign investments in the digital economy by safeguarding the information systems infrastructure against breaches and implementing internationally compatible rules.

As a DPCO, Digital Encode is expected to verify self-audits prior to submission to NITDA. This is a means of decentralising compliance activities for more efficiency.

The Co-founder and Chief Operating Officer of Digital Encode, Dr. Peter Adewale

Obadare, thanked the management of NITDA led by Kashif Inuwa Abdullahi, for the confidence reposed in the organisation.

Obadare who is also the Director of Governance, Risk and Compliance At Digital Encode, said as a Pan-African cyber security, the company would continue to keep assisting individuals and businesses protect their information assets.

The Chief Technical Officer of Digital Encode, Dr. Seyi Akindeinde, said the license would remain a testament to Digital Encode’s unique methodology rooted in the concept of professionalism.

Upfield Foods Supports Covid-19 Fight Raheem Akingbolu Upfield Foods, a plant-based foods company, has announced the donation of its Blue Band products to the Lagos State government.

Speaking about the donation, Upfield’s General Manager West Africa, Bamidele Amao said:

“On behalf of Upfield, I commend the Lagos State Government under the leadership of Governor Babajide Sanwo-Olu, for the efforts being made to curb the Covid-19 pandemic and ensure the safety of Nigerians and others who have made Nigeria their home. “As a food manufacturer, Upfield recognizes

our heightened responsibility during this pandemic to ensure our nutritious, quality foods are consistently available to consumers. We continue to take all the necessary measures to ensure our foods are produced according to Good Hygienic Practices standards with high quality production standards�.

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

SEPTEMBER 2019 Money Supply (M3)

35,029,779.72

-- CBN Bills Held by Money Holding Sectors

7,374,356.91

Money Supply (M2)

27,655,422.82

-- Quasi Money

116,533,891.21

-- Narrow Money (M1)

11,121,531.60

---- Currency Outside Banks

1,625,047.69

---- Demand Deposits

9,496,483.91

Net Foreign Assets (NFA)

13,911,335.83

Net Domestic Assets(NDA)

21,118,443.89

-- Net Domestic Credit (NDC)

35,918,179.45

---- Credit to Government (Net)

10,452,199.38

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

11,007,422.79

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

25,465,980.07

---- Credit to Private Sector (CPS)

-14,799,735.56

--Other Assets Net

7,000,253.07

Reserve Money (Base Money

2,005,600.83

--Currency in Circulation

4,677,530.81

--Banks Reserves

317,121.43

Ëž Ă™Ă&#x;ĂœĂ?Ă? Ě‹

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

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OPEC DAILY BASKET PRICE Ëœ Í°Íś Í°ÍŽÍ°ÍŽ

The price of OPEC basket of thirteen crudes stood at $16.52 a barrel on Friday, compared with $18.05 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), ZaďŹ ro (Equatorial Guinea), Rabi Light (Gabon), Iran Heavy (Islamic Republic of Iran), Basra Light (Iraq), Kuwait Export (Kuwait), Es Sider (Libya), Bonny Light (Nigeria), Arab Light (Saudi Arabia), Murban (UAE) and Merey (Venezuela).

SOURCE: OPEC headquarters, Vienna

21

T H I S D AY Ëž ÍłËœ 2020

MARKET NEWS

Guinness Nigeria Posts N96bn Revenue, N2bn Profit in Nine Months Goddy Egene Guinness Nigeria Plc has reported a revenue of N96.081 billion for the nine months ended March 31, 2020. This represented a decline of 5.3 per cent, compared with the N101.402 billion recorded in the corresponding period of 2019. The decline in revenue, according to the company was driven by impact of volume, excise duty increases and Covid-19 pandemic. Financing

cost soared by 97 per cent to N3.582 billion compared to N1.817 billion in 2019. Guinness Nigeria ended the period with a profit after tax (PAT) of N1.672 billion, down by 60 per cent from N4.252 billion in 2019.

Commenting on the results, Managing Director/CEO, Guinness Nigeria Plc, Mr. Baker Magunda, said: “In the nine months ended 31 March 2020, Guinness Nigeria’s revenue declined five per cent compared to same

P R I C E S MAIN BOARD

F O R DEALS

period last year on the back of volume decline driven by the price increases that we took in the quarter and the initial impact of COVID-19.

Revenue for the year to date continues to be impacted by excise duty increases which prior to February were not covered by price. We remain confident however, that the underlying performance of our main strategic focus brands/ categories - Guinness, Malta Guinness, RTDs and spirits –

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

QUANTITY TRADED

VALUE TRADED ( N )

remains solid.�

He explained that he was pleased by the work they are doing on productivity that led to decline in the cost of sales despite the fact that Nigeria’s inflation rate at stood at 12 per cent. “Similar productivity initiatives mean that the increases in distribution expenses by two per cent, and the administration expenses by seven per cent are still below inflation. We also boosted our marketing spend

T R A D E D MAIN BOARD

A S

by six per cent to support our brands. The operating profit declined by N2.1 billion. The recent depreciation of the Naira drove the increase in finance costs by N2.1 billion year on year, impacting profit delivery.

Our business was impacted in the last half of March by the COVID-19 outbreak. This has also proven to be an economic crisis significantly impacting most businesses including ours, as much as it is a health crisis.

As a proud business with 70

O F

years heritage here, we stand with Nigeria by aligning with the efforts of the Federal and State governments to stop spread the virus across the country,� he added.

Meanwhile, the Nigerian stock market opened the week in the green as the the Nigerian Stock Exchange (NSE) All-Share Index rose 0.30 per cent to close at 23,089.86.

Similarly, market capitalisation added N35.9 billion to be at N12 trillion.

3 0 / 0 4 / 2 0 2 0 DEALS

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N)

22

TUESDAY MAY 5, 2020 ˾ T H I S D AY

NEWS XTRA

Lagos Police Move against Non-use of Face Masks Chiemelie Ezeobi Following the partial lifting of the lockdown in Lagos, the state Commissioner of Police, Mr. Hakeem Odumosu, has warned that the command would begin clampdown on persons found without facemasks on the road.

Odumosu’s warning was a fall-out of the obvious disregard for the use of face mask by the residents of the state, who trooped

out yesterday after the 34 days lockdown.

Odumosu, who addressed journalists yesterday evening after a prolonged meeting with area commanders, divisional police officers and principal officers of the command, also stressed that the curfew would be enforced to the latter.

He said: “This time, police will not arrest you for vehicle particulars, but for refusing to

put on the face mask and not keeping social distance.

“Commercial motorcycling activities have also been suspended. Since we started the lockdown, we have not had any case of police brutality in Lagos, because we are using persuasive enforcement, and we will continue on that.

“We just had a security meeting where we just analysed the presidential directive, and the

WHO Endorses Scientifically Proven Traditional Medicine The World Health Organisation (WHO) has said it welcomes innovations around the world, including repurposing drugs, traditional medicines and developing new therapies in the search for potential treatments for COVID-19.

The WHO Regional Office for Africa in Brazzaville, Congo said this in a statement posted on its website yesterday.

COVID-19 is a respiratory disease caused by the new coronavirus.

The global health organisation said it recognises that traditional, complementary and alternative medicine had many benefits.

“Africa has a long history of traditional medicine and practitioners that play an important role in providing care to populations.

“Medicinal plants such as Artemisia annua are being considered as possible treatments for COVID-19 and should be tested for efficacy and adverse side effects.

“Africans deserve to use medicines tested to the same

standard.

“Even if therapies are derived from traditional practice and natural, establishing their efficacy and safety through rigorous clinical trials is critical,’’ it stated.

According to WHO, African governments, through their Ministers of Health, have adopted a resolution.

“The resolution urges Member States to produce evidence on the safety, efficacy and quality of traditional medicine at the 50th session of the WHO Regional Committee for Africa in 2000.

Melaye Sues Gbajabiamila, Others over Controversial Infectious Diseases Bill Former senator representing Kogi Central, Dino Melaye, has filed a lawsuit at a Federal High Court in Abuja against the Speaker of the House of Representatives, Hon. Femi Gbajabiamila; the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami; and the Inspector General of Police, Mr. Mohammed Adamu, among others, over a controversial

bill, titled ‘Control of Infectious Diseases Bill 2020’.

Melaye, in a tweet yesterday, stated that he had taken a legal action against Gbajabiamila and others.

He said, “I have just filed a court action against the Speaker and House of Representatives on the wicked bill initiated by Hon Femi

Gbajabiamila this morning at the Federal High Court Abuja.

We shall overcome.”

The document, with Suit No. FHC/ABJ/CS/463/2020 listed the defendants as Gbajabiamila; Malami; Adamu; the Clerk of the National Assembly, Mohammed Sani-Omolori; the Clerk of the House of Representatives, Patrick Giwa.

ACP Dies in Kano An Assistant Commissioner of Police (ACP) in Kano State, Atiku Nagodi, is dead.

Nagodi, until his death, was the Mobile Squadron Commander

9, Police Mobile Force in Kano.

The Police Public Relations Officer of the Kano State Police Command, DSP Abdullahi Haruna, confirmed the deceased’s

death yesterday.

The late ACP did not die of COVID-19 as speculated.

Nagodi died yesterday at the age of 54 after a protracted illness.

Wike: Oil Workers Coming into Rivers Must Show Test Results Ernest Chinwo in Port Harcourt Rivers State Governor, Chief Nyesom Wike, has said all oil workers coming into the state must show their COVID-19 test results before they are allowed into the state.

A statement issued yesterday by his media aide, Mr. Simeon Nwakaudu, quoted the governor as saying all waivers earlier granted to oil and gas companies

have been reviewed.

The governor said his administration could not abandon residents “to chances,” alleging that some of the cases recorded in the state were flown into Port Harcourt by Bristow Helicopters from an offshore oilfield facility in Akwa Ibom State.

“Given the threat posed to the state by oil and gas company workers, it has reviewed all entry waivers and permits earlier granted to oil and gas companies,” he said.

“From now on, requests for waivers and entry permits from oil and gas companies will be considered on a case by case basis; “All inward-bound vehicles and flights into Rivers State from oil and gas companies with workers for crew change or other essential operations must first submit details of their manifests to the state’s taskforce on COVID-19 for proper vetting of their virus status before they can be allowed to enter the state.

Community Pharmacists Demand Better Treatment The federal government has been called upon to give due recognition to Community Pharmacists in the unrelenting fight against COVID-19 pandemic.

The pharmacists under the aegis of Association of Community Pharmacists called for the immediate inclusion of Community Pharmacists among healthcare practitioners to benefit from the distribution of the

Personal Protective Equipment (PPE) and every other palliatives designed for the healthcare sector at this time of unrelenting fight against COVID-19.

The National Chairman of Association of Community Pharmacists of Nigeria (ACPN), Dr. Samuel Oluwaoromipin Adekola, in a statement lamented that in Africa, Nigeria has conducted less than 15,000

tests compared to Ghana, which has done close to 70,000 tests; South Africa over 100,000 tests, and even Egypt having close to 60,000 conducted tests.

He attributed the set back to the Nigerian government’s failure to engage the private sector, particularly community pharmacies and the preponderance of private laboratories.

state government regulations in line with the directive, and we are the leading agency in enforcing this directive.

“The challenge for us now is to put our heads together to have a common way of enforcing the directive. “ It should not be difficult to enforce the new transport regulation in the state because the state government has gone further to bring in all

the transport unit in the stare, they are to do self-enforcement for their members, and the state government is also doing advocacy.

“Self-compliance still remains the best; so, the LASTMA officials, Neighbourhood Corps, the park and monitoring officials of the Lagos State government, that is the agency that has the power to know what happens in the park,

NURTW and RETEAN, where all transporters belong, they have accepted they are going to enforce this.

“Once they comply, those who refuse, they will know the best punishment for them. With that, we are expecting voluntary compliance.

“Those arrested so far, are those who did not put on the face mask- either the passenger, driver or conductor.

ASCSN Warns against Merger of MDAs The Association of Senior Civil Servants of Nigeria (ASCSN) has warned against the moves by the Federal government to merge some Ministries, Departments and Agencies (MDAs), saying it could trigger industrial and social unrest.

In a statement issued yesterday by its Secretary-General, Mr. Alade Lawal, the union questioned the motive behind the decision to implement the report when COVID-19 is wreaking havoc in

the country.

“The reality is that if some MDAs are merged and others scrapped, thousands of civil servants will surely lose their jobs.

We cannot understand the logic behind government’s decision at this material time when Nigerians are losing their loved ones while thousands of others are being afflicted by coronavirus.”

Lawal argued that since Nigeria has been rated among the poorest

countries implementing the report will lead to social crisis.

“The governments of the various countries including those in Africa are providing financial stimulus even to private sector players to stimulate their economies while citizens are being paid some money to enable them to survive the vagaries of COVID-19. We are not doing that.

All we are interested in is to heap more suffering and misery on the people.

Former Sokoto Governor Dies at 82 The Sokoto State Government has announced the death of the second civilian governor of the state, Dr. Garba Nadama.

According to a statement by the state government, Nadama died at age 82 after “an illness of natural cause”.

The government quoted Governor Aminu Tambuwal as commiserating

with the family of the late politician who passed away yesterday.

Tambuwal expressed shock and sadness over Nadama’s death.

He described the late governor as “a dedicated statesman and visionary whose ideas positioned the state on a solid foundation”.

The governor said during his lifetime, “the deceased was

unrelenting in offering wise counsel for the advancement of the state and its people”.

Nadama, a Ph.D holder in History from the Ahmadu Bello University, Zaria, served as governor of the old Sokoto state from November 1981 to December 1983, having succeeded late Alhaji Shehu Kangiwa.

Ëœ Í˝Ëœ ͺ͸ͺ͸ Ëž T H I S D AY

23

TUESDAYSPORTS

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

Odegbami: Nigeria Cannot Produce another Rashidi Yekini with this Environment Duro Ikhazuagbe

Eight years after former Super Eagles forward, Rashidi Yekini died in Ibadan aged just 48 years and 22 years after he last scored for the Nigerian senior national team, echoes of the achievements of the gangling footballer have continued to resonate.

The 1993 African Footballer of the Year was reportedly abducted from his home in Ibadan by his family members and taken somewhere in Kwara State for treatment for depression and other psychiatric conditions.

He was reported to have died exactly eight years ago yesterday and buried according to Islamic rites with little fanfare for a man whose goal scoring prowess remains unmatched to date by current generations of Nigerian footballers.

Speaking with THISDAY yesterday, another icon of the game in Nigeria, Chief Segun Odegbami said Rashidi Yekini remains the benchmark for measuring success and patriotism. “Rashidi Yekini was an exceptional footballer. He was thrown up by the system we had in place in the country then and flourished as footballer for both club and country,� observed the former Green Eagles Captain

fondly called Mathematical.

Odegbami believes that Nigeria can reproduce another Yekini but unfortunately the structure in place in the country now does not permit such. “Yes we can have another Rashidi Yekini but unfortunately the environment will not allow it,� Odegbami said without mincing words.

He also agreed that there are sports talents in the country and not just budding footballers. “Nigeria is filled with abundance of talents waiting to be discovered but unfortunately we operate a system that doesn’t encourage good grassroots sports development, not just football alone. “Where did Rashidi Yekini come from? Nobody knew him until we brought him to Ibadan from Kaduna. The system then was good for talents to flourish but not anymore,� said the former Shooting Stars winger who has been trying to recreate the golden era of Nigerian soccer at his sports academy in Wasimi in Ogun State.

Odegbami expressed his displeasure with how the country’s leagues have suffered hiccups over time. “Where is our local leagues?

What has happened to several of the grassroots programmes

that threw up several of the past players that Nigerians celebrated? They are all gone,� he regretted.

Asked if another Rashidi Yekini can emerge from the present crop of Nigerian strikers, Odegbami doubted it. “I cannot tell you who amongst the present generation can be like Rashidi Yekini because the system doesn’t

allow me to know them.�

He advocated for a good structure and better administration of the country’s football if Nigeria is to make any meaningful impact with the abundant talents here. “What we need is a good structure and administration that will allow our players to achieve their full potentials,� concludes the ex international.

No other Super Eagles’ player has moved close to the 37- goal record of Yekini from 58 matches for the national team.

In the qualifying series for the Nigeria’s debut at the 1994 World Cup, Yekini’s eight-goal effort was the highest in the Africa.

He went on to set a record as Nigeria’s first scorer at the World Cup when he connected a long pass from Finidi George from the

right flank in the match against Bulgaria.

Yekini’s celebration of that goal inside the net remains one of the iconic features of that Nigeria’s outing at USA ‘94.

Also yesterday, the Nigerian Football Federation (NFF) released a photo book video of the exploits of Yekini on the social media with several Nigerians recalling his many exploits for the country.

Ten Positive Covid-19 Results from Top Two Leagues in Germany Fun Seekers, Athletes Denied Access into National Stadium in Lagos Late Rashidi Yekini celebrating Nigeria’s ďŹ rst World Cup goal he scored against Bulgaria at USA ‘94

Clubs in the top two German divisions have returned 10 positive results from 1,724 coronavirus tests, the German football league announced yesterday.

Clubs have been training in groups, with the tests taken before a planned return to training as teams.

Measures including “the isolation of the affected person� have been taken, said the DFL. Top-flight side Cologne have had no further Covid-19 infections after three people tested positive last week.

The trio are “symptom-free� but remain in quarantine for 14 days, said the club.

The Bundesliga is set to become the first major football league in Europe to return to competition.

Officials suggested resuming on 9 May but the government delayed the decision and a restart may now be on 16 or 23 May.

Cologne said in a statement that “only players who have been tested negatively twice in succession are allowed to train and play�.

The DFL added: “A second wave of tests will be carried out this week - here too there may be isolated positive test results, especially since one of the tasks of this second round is to reduce the likelihood of ‘false negative’ findings that can never be completely ruled out.�

Last week, chancellor Angela Merkel said that any decision on if and when sports activities could resume would be taken on Wednesday, 6 May. The league has been suspended since mid-March because of the global coronavirus pandemic.

The DFL has warned that many top-division teams will be in an “existencethreatening� financial position if play does not resume by June.

Femi Solaja The quest of most users of the National Stadium in Lagos to return to their usual activities on the first day of easing the lockdown occasioned by the Covid-19 pandemic, met a brick wall as the sports complex remained locked yesterday.

The Minister of Youth and Sports, Sunday Dare was reported to have ordered the Sports-city to remained locked.

The 48-year old complex is witnessing its first major closure in a very long while since it was commissioned in 1972 for the 2nd African Games hosted by Nigeria due to Covid-19 ravaging the human race.

The Federal Government on the 22nd of March 2020 announced the lockdown of major cities including Lagos and the follow

up was the directive from the Federal Sports Ministry that all its facilities nationwide be closed till a suitable date to reopen them.

But following the relaxing of the lockdown and subsequent guidelines released by the Governor of Lagos State Mr. Babajide Sanwo-Olu over the weekend, sports men and women, fun seekers and other regular visitors to the arena were looking forward to free passage to the stadium.

But they were shocked as the gates leading to the complex remained closed even to staff of the Ministry.

THISDAY checks yesterday revealed that the ministry officials are acting on the order of the Sports Minister and same thing applies to other stadiums in all the geo-political zones.

However, THISDAY learnt that the six-week lockdown has worsen the sanitation situation

of the abandoned complex.Before the gates were closed, officials of the ministry engaged private firm to help with sanitation and fumigation of the entire complex to avoid epidemic outbreak. “The stadium for now cannot be opened to visitors and staff of the ministry because of the situation we have at hand now.

We are aware that a lot of people visit the complex for different reasons but in a situation that it may be difficult to control most of the activities inside, that is the main reason why it will remain closed for now. “Last Saturday, we ensured that the entire arena was fumigated so that when normalcy returns, we won’t be challenged by any form of health hazard. We want to plead with those with legitimate reasons to use the stadium to bear with the authority, “ a top official

of the ministry explained to THISDAY yesterday.

Aside the staff of the Sports Ministry and National Institute for Sports (NIS), the complex daily play host to individuals from both corporate world and miscreants who flood there to seek means of survival.

While the corporate class usually come in after office hours to unwind and network, the arena also accommodates artisans, area boys, vehicles learners, jogger outfits, petty traders, choreographers and sports men and women for their daily routine. “If the situation improves after this partial lockdown, the complex could be opened for legitimate users because government also wants to enforce strict usage of the stadium while awaiting total renovation and takeover.

Professional Football in Spain Aiming to Restart in June

The main entrance into the National Stadium in Lagos remained locked...yesterday

LaLiga clubs are returning to training this week following the Spanish Ministry of Health’s approval for the return of sports training sessions.

In accordance with the Return to Training Protocol that LaLiga has drawn up with medical experts, professional players from LaLiga Santander and LaLiga SmartBank – the first and second divisions of professional football in Spain – will start training alone following medical tests carried out by club staff.

This return to training has

been planned by LaLiga with measures that have been agreed with the relevant sports and health authorities in order to guarantee as much safety as possible for the health of all those involved.

These measures cover a period of approximately four weeks with different phases that, in any case, will be subject to the de-escalation process established by the government. Thus, together with the medical tests carried out by clubs, a staggered return to training

has been implemented that will start with players training alone and end with group activities prior to the return to competition, scheduled for June.

Professional footballers returning to work will go hand in hand with the recovery of a very significant economic sector that accounts for 1.37% of Spain’s GDP and creates 185,000 jobs. This is at a time when the country’s economic situation is now the main concern, precipitated by the health crisis.

Tuesday May 5, 2020

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Price: N250

MISSILE Oil Workers to Oil Firms

“We earnestly implore these companies that in the same manner and the spirit they are making donations for the ďŹ ght against COVID-19, they should also spare some kind thoughts for their workers and strive to keep them alive and on the job so as not to create social upheavals that would be more devastating than the COVID-19 pandemicâ€? –Nigerian Union of Petroleum and Natural Gas Workers and the Petroleum and Natural Gas Senior Sta Association of Nigeria warning oil ďŹ rms against sacking their members.

TUESDAY WITH REUBENABATI abati1990@gmail.com

T

Corona Encounters

his is a piece around and about what I have seen about Corona Virus in Nigeria, from a sociological perspective, and not a report of any pathogenic experience.

It has been more than a month since the Federal Government placed Lagos and Ogun states, and the Federal Capital Territory on a lockdown on account of the spread of COVID-19 in those three parts of the country. Ogun state asked to be allowed to join the lockdown a week later to allow the people in the state to stock up on food and other essentials which is why as Lagos and the FCT began from May 4, what the President of Nigeria referred to as a “gradual and phased� easing of restrictions, Ogun State will remain on partial lockdown till May 10. Other states of the Federation following the President’s cue have also announced a relaxation of the lockdown which most of them imposed in line with Section 8 of the Quarantine Act and enabling state laws.

While the lockdown lasted, I was able to go to President Buhari the Arise TV studio to co-anchor The Morning event that involves any form of contact between Show (TMS), armed with every possible piece persons had been postponed, but around Lagos, of evidence to show that I was on the road young boys were playing their own tournaments, as an essential worker. Not many people have something they called in some places, “the Corona acknowledged the fact that journalists like health Cupâ€?. I often wondered every day, why the workers are frontline workers in the face of security agents on the road, seeing this and COVID-19. No matter how bad a situation may the danger it posed, did not bother to disperse be, in times of war and disaster, it is the duty the suicidal football players. I also began to RI MRXUQDOLVWV WR EH RXW WKHUH RQ WKH Ă€HOG WR see groups of persons huddling together in the report the situation, act as the bridge between early hours of the morning under the guise of government and the people, offer analysis, physical work-outs and exercise. news and entertainment and help society. It As the days passed, it began to look as if the is therefore surprising that stakeholders are security agents were now part of the problem. not pushing the idea of a Media Intervention In Delta state, there was the report of a young Fund to support media houses reeling from the man who was gunned down by soldiers at a impact of COVID-19. Here in Nigeria, both the COVID-19 checkpoint. They had asked him electronic and print media are suffering. With to stop but one thing led to the other, and the businesses shut down and the people locked fellow was murdered. Policemen in Lagos and up at home, sales have dropped. In pursuing elsewhere went to bars and restaurants and the news, journalists are also often exposed to markets and brutalized persons on the grounds extreme danger. Globally, 55 journalists have WKDW WKH\ GHĂ€HG WKH UXOHV RQ ORFNGRZQ DQG died from COVID-19 in 23 countries. social distancing. The highhandedness of the On my way to and fro the studio, I observed security agents added to the people’s anxiety.

LQ WKH ÀUVW ZHHN RI WKH ORFNGRZQ WKDW WKH VWUHHWV However, the attitude of the security agents was of Lagos were literally empty. It was a different at best, ambiguous. Some of them behaved as /DJRV RUGLQDULO\ D FLW\ RI FUD]\ WUDIÀF VQDUOV /DJRV if they were genuinely on the road to enforce roads looked desolate and for the period that this the lockdown, others behaved as if this was lasted, I silently wished that the city could be just an opportunity for them to engage in a power as peaceful on a permanent basis. Lagos roads tussle with the people. are ever so chaotic because of urban planning One morning, I was stopped at a checkpoint. crisis and the failure to institute a functional The police man who came to the car didn’t multi-modal transportation system in the city. look or sound friendly at all.

The only reliable means of transportation is by ´2IĂ€FHU ZHOO GRQH , DP D MRXUQDOLVW , DP road. There is no metro line in place. There has RQ ZD\ EDFN IURP WKH RIĂ€FH Âľ been so much talk about water transportation “Which one is journalist? Have you not heard by successive administrations in the state but that you people should stay at home? What are that doesn’t quite work either. Every morning, you doing on the road wearing coat, putting half of the people in the mainland part of the tie for neck?â€? city troop out of their homes to go to work ´2IĂ€FHU \RX VHH MRXUQDOLVWV DUH H[HPSWHG on the Island, and they return in the opposite from the lockdown. We fall into the category direction every evening. No one has made of essential workers. The President himself said any attempt to decentralize the city and ease so. A journalist is just like you at this time of congestion. COVID-19 provided an opportunity COVID-19.â€? to see what Lagos would probably look like if The man cut me short. He brought up his it was a much better planned city. gun to a higher level without pointing it in any ,Q WKH Ă€UVW ZHHN , VDZ SROLFHPHQ VROGLHUV direction. I respected myself and kept quiet.

RIĂ€FLDOV RI WKH )HGHUDO 5RDG 6DIHW\ &RUSV DQG Some security agents had only a week earlier the Neighbourhood Watch mounting checkpoints killed a man in Warri South. at strategic parts of the city. It looked like the “Who is talking about journalist? You dey lockdown was working. But by the second week, compare me to journalist?â€? I said nothing. “Where everything had begun to change. Many Lagosians is the proof you are a journalist?,â€? he barked. could not stay at home for long. I noticed a I told him that I would provide whatever horde of persons trekking towards the Island, proof he needed, but on the condition that he converging at bus stops in open violation of the will not touch my identity card, or the letter lockdown order. In parts of the city, young men from Arise TV. I brought out the letter and my in the neighborhoods turned open spaces into identity card and I asked him to look at both IRRWEDOO Ă€HOGV (YHU\ PDMRU IRRWEDOO OHDJXH LQ from a distance. The man was literally foaming the world had been suspended, every sporting at the mouth. He looked rough and dirty. He

yelled at me: “How am I supposed read the letter and your identity card from inside your car?â€? I told him there is something called social distancing. Has he heard of it? “I beg go away with your wahala! Na dat one we dey talk? “, he bellowed and immediately Ă DJJHG GRZQ WKH QH[W YHKLFOH $V ZH GURYH off, my driver who had been watching the entire exchange offered an opinion: “Daddy, you sef. All those things you were telling the man, why do you think he will be interested? The man was drunk. All those things about essential worker, social distancing do not mean anything to him. You should just have given him money.â€? “I will not bribe any security agent. I have a right to be on the road!,â€? I quipped.

But it was not always that the security men on WKH URDG SURYHG GLIĂ€FXOW 0RVW RI WKH WLPH RQFH they saw the press sticker on the windscreen, they would not even bother to stop the car.

A few of them tried to double-check. I recall telling another policeman: “Journalist! Media!â€?. “Oga, I don see the signboard for your ZLQGVFUHHQ RK %XW DQ\ERG\ Ă€W FDUU\ SODFDUG say dem be media. Wey your Coro-permit?â€?

Coro-permit. That was a new one on me. Could it be that the government had been issuing COVID-19 permits and I was not aware? ´2IĂ€FHU &RUR SHUPLW" :KDW LV WKDW" , DP not sure I have a Coro-permit.â€? “Coro-permit. Every journalist wey don pass this place get Coro-permit. When we ask them, they show us. Oga, wey your own?â€?

I brought out a letter and showed him. He looked at it from a distance, and screamed: “Oga, you get Coro-permit! Na your Coro-permit be dat.�

The policeman and I started laughing as he waved us off. I laughed all the way to the studio! Coro-permit!

But there was no cause for laughter when DIWHU WKH ORFNGRZQ LQ /DJRV ZDV PRGLĂ€HG DQG markets were allowed to open between 10 am and 2 pm, I had an encounter with a female Federal 5RDG 6DIHW\ &RUSV RIĂ€FLDO 2Q WKLV SDUWLFXODU occasion, the driver and the housekeeper had gone to the market to buy foodstuff. The standard practice was that the driver will not drive onto the main road. He will park inside the Estate and the housekeeper will walk down to the market, while the driver waited for her. But due to the crisis of youth restiveness that reared its head by the third week of the lockdown, with less privileged persons and young boys attacking neighbourhoods and asking to be IHG WKH 5HVLGHQWV $VVRFLDWLRQ WRRN D GHFLVLRQ to lock up every gate, leaving only one of the gates open in order to monitor movements.

For this reason, the driver and the housekeeper claimed they had to drive onto the main road.

Somehow, they overstayed in the market. By 2:05 pm, they were already calling me frantically.

7KH\ KDG EHHQ DUUHVWHG E\ D 5RDG 6DIHW\ WHDP and the vehicle had been seized. I asked them WR JLYH WKH SKRQH WR WKH PRVW VHQLRU )56& RIĂ€FLDO LQ WKH WHDP , LQWURGXFHG P\VHOI WR KHU and pleaded that she should “please, let my people goâ€?. She refused. She said a big crime had been committed and that everyone involved will be punished. She even threatened that if I GDUHG WR FRPH WR WKHLU RIĂ€FH VKH ZRXOG UHOHDVH the younger persons and detain me along with the car. I begged her again to release the food items and allow the young persons to come home. She refused and cut off the phone. I called back and asked the driver to take the phone to her. She snapped at me: “Mr. Man stop calling me. I don’t care about any Benjamin Abati or what did you call yourself?

I won’t release this car.� “But Madam, how about the food items?� “Those food items are part of the exhibits!�

My driver later called back to say that he thought there was a solution to the problem.

There were other persons whose vehicles had been seized, and if they offered money, they were promptly released, but the only problem was that the Madam would not collect N10, 000. It had WR EH PRUH WKDQ 1 , ZDV DGYLVHG WR Ă€QG something like N70, 000. I became infuriated. I told the young man, I would not pay a penny, instead he should try and get me the offensive RIĂ€FHU¡V QDPH +LV VXEVHTXHQW UHVSRQVH ZDV that she was not wearing a name tag. I resolved to prove to the woman that her job does not include being rude to others just because she wears a uniform‌But she subsequently realised her folly and allowed “my people to goâ€?.

On May 4, the easing of the lockdown began in Lagos and other parts of the country. The Nigerian government is depending on the security agencies to enforce its guidelines. That can only work if security agents act with discretion and common sense. I am very skeptical about government’s decision to relax the lockdown so early. In a previous piece, I drew attention to the failure of such a similar step in Denver, Colorado, during the Spanish Flu of 1918.

Attention has also been drawn to a similar mistake in Marseilles, France between 1720 and 1722 during the bubonic plague. Businesses in both instances mounted pressure on government but the easing of the lockdown merely resulted in more infections and deaths. My fear is that the Nigerian government is about to make the same mistake. I hear it is called herd immunity: in the face of an epidemic, allow the people to go out, those who will live will, whoever will die, will die. This herd immunity response is a kind of religious providentialism but when people do not listen to science, they may end up counting the cost in terms of body bags. As it was in the past, so it is now. In the United States, there is an agitation nationwide for the lifting of restrictions but in the states where this has been done, like Georgia for example, there has been a spike in infections. There was a similar outcome in Germany recently.

Nigeria must avoid copy and paste solutions to COVID-19. The numbers are rising and yet we want to re-open, even in Kano state where a toxic combination of corona virus and a leadership virus is killing the people in their hundreds.

In Lagos, yesterday, people trooped out in their thousands. The hitherto empty roads were busy, jam-packed. There were large crowds in front RI HYHU\ EDQN 7KH SXEOLF EXVHV ZHUH Ă€OOHG WR FDSDFLW\ )RU WKH Ă€UVW WLPH LQ Ă€YH ZHHNV WKHUH ZHUH WUDIĂ€F JULGORFNV DJDLQ &XULRXVO\ , GLG not see security agents on the road. Across the country, Nigerians besieged markets, banks and EXV VWDWLRQV DV LI &29,' LV D Ă€FWLRQDO WDOH Apparently, what the people heard was that they were now free to go out. I am not sure they heard that part of the statement about “gradual and phased easingâ€? and the guidelines announced by government, particularly the need for social and physical distancing. The Presidential Task Force has asked them to “take responsibilityâ€?, which simply means “You are on your own.

We as government have tried our best. We have also offered you advice. Take it or leave it.�

It is unfortunate that a country will leave the people to their own devices so soon, in the face of this murderous pandemic. Government should not hesitate to review or reverse its decision if there is a sudden explosion in the number of COVID-19 cases. Endangering people’s lives is not in the country’s best interest.

Printed and Published in Lagos by THISDAY Newspapers Limited. Lagos: 35 Creek Road, Apapa, Lagos. Abuja: Plot 1, Sector Centre B, Jabi Business District, Solomon Lar Way, Jabi North East, Abuja .

All Correspondence to POBox 54749, Ikoyi, Lagos. EMAIL: editor@thisdaylive.com, info@thisdaylive.com. TELEPHONE Lagos: 0802 2924721-2, 08022924485. Abuja: Tel: 08155555292, 08155555929 24/7 ADVERTISING HOT LINES: 0811 181 3085, 0811 181 3086, 0811 181 3087, 0811 181 3088, 0811 181 3089, 0811 181 3090. ENQUIRIES & BOOKING: adsbooking@thisdaylive.com