With 1.87% GDP Growth, Analysts Seek Investment-friendly Policies Obinna Chima in Lagos and James Emejo in Abuja Analysts yesterday called on the federal government to initiate policies to stimulate private sector investment as a step towards growing the economy.
The analysts, speaking to THISDAY in reactions to the release yesterday of new data on the country's Gross Domestic Product (GDP), which grew by 1.87 per cent (year-on-year) in real terms in the first quarter of 2020 (Q1 2020), gave tips on other
measures the government should take to reposition the economy to overcome the challenges caused by the COVID-19 pandemic. The Nigerian Gross Domestic Product Report - Q1 2020, released by the National Bureau of Statistics
(NBS), however, showed that the performance represented a contraction by 0.68 per cent compared to the 2.55 per cent growth rate recorded in the fourth quarter (Q4) 2019. The slump in GDP growth reflected the earliest effects of economic disruption,
particularly on the non-oil economy. Similarly, the latest GDP figure further indicated a contraction by 0.23 per cent, when compared to 2.10 per cent growth, recorded Q1 2019. The Q1 GDP result came against the backdrop of
significant global disruptions resulting from the COVID-19 pandemic, a sharp fall in oil prices and restricted international trade, the NBS noted. According to the NBS, in the Continued on page 8
At UBA Web Summit, Leaders Outline Path for Africa’s Recovery... Page 6 Tuesday 26 May, 2020 Vol 25. No 9178. Price: N250
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28 Gov Aspirants Jostle to Unseat Akeredolu, Obaseki INEC releases guidelines, adopts online operations
Chuks Okocha in Abuja, Adibe Emenyonu in Benin City and James Sowole in Akure No fewer than 28 aspirants are jostling for the jobs of Ondo State Governor, Chief Rotimi Akeredolu, and his Edo State counterpart, Mr. Godwin Obaseki, in the forthcoming governorship elections in
the two states, THISDAY’s investigation has revealed. Independent National Electoral Commission (INEC) yesterday released the elections’ guidelines stipulating the mode of campaign approved for contesting political parties, given the restrictive protocols Continued on page 8
WHO Suspends Clinical Trial of Hydroxychloroquine over Safety Concerns 229 New COVID-19 cases increase Nigeria’s tally to 8,068 Martins Ifijeh The World Health Organisation (WHO) has suspended clinical trial on the use of Chloroquine and Hydroxychloroquine for treating COVID-19 following new data suggesting that the drugs increase mortality among patients.
At a virtual meeting, yesterday to mark Africa Day, the Director-General of WHO, Dr. Tedros Ghebreyesus, said the suspension was necessary in order to evaluate the safety data on the drugs as presented to the health body by the Data Continued on page 9
Senate, NDDC Bicker over Alleged Inflation of Commission’s Budget... Page5
NINETY-THREE HEARTY CHEERS... Former Minister of Information, Chief Edwin Clark, during his 93rd birthday celebration at his residence in Asokoro, Abuja...yesterday
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Group News Editor Ejiofor Alike Email Ejiofor.Alike@thisdaylive.com, 08066066268
Senate, NDDC Bicker over Alleged Inflation of Commission’s Budget
Deji Elumoye and Adedayo Akinwale in Abuja The Senate and the Niger Delta Development Commission (NDDC) bickered yesterday over alleged inclusion of projects worth N80 billion in the commission’s 2019 Budget by the National Assembly without the consent of the executive. The Executive Director, Projects (EDP) of NDDC, Dr. Cairo Ojougboh, had made the allegations yesterday while featuring on The Morning Show, a programme on ARISE NEWS Channel, the broadcast arm of THSIDAY Newspapers. He stated that unknown to the National Assembly and other members of the Committee on NDDC in both Senate and the House of Representatives, the two chairmen, Senator Peter Nwaoboshi and Hon. Olubunmi Tunji-Ojo, “raised and vandalised" the commission's 2019 budget.
But in a swift reaction, the Senate said the commission was exhibiting ignorance about the constitutional power of the National Assembly to perform oversight functions over all entities that expend national funds, particularly to prevent or detect corruption. But Ojougboh said: “The problem we have with these two chairmen is that when we submitted our budget, they vandalised our budget, they raised our 2019 budget. NDDC must be allowed to function. The purpose of which it was instituted must be allowed to happen. “If you look at what the two chairmen did in the National Assembly, all the regional projects of Mr. President were removed from the budget. Look at what they infused and injected the total sum that they brought is N85 billion new projects. They removed annoyingly the regional projects of Mr. President. When
US Treasury Secretary Demands Independent Investigation of AfDB President
Ejiofor Alike and Hamid Ayodeji with agency reports
United States Treasury Secretary, Mr. Steven Mnuchin, has canvassed an independent investigation into allegations of wrongdoing against the President of the African Development Bank (AfDB), Dr. Akinwumi Adesina, despite Adesina’s clearance by the ethics committee of the bank. The ethics committee headed by a Japanese Executive Director of the bank, Mr. Takuji Yano, had cleared Adesina of all allegations of impropriety and fraud levelled against him by a group that described itself as concerned staff of the bank. The committee described the allegations that Adesina violated the code of conduct of the institution as “spurious and unfounded.� But Mnuchin rejected plans by the bank’s board to end the investigation and called for an independent probe into the allegations against Adesina. Bloomberg reported that in a letter dated May 22, 2020, and addressed to the Chairperson of the bank’s Board of Governors, Ms. Niale Kaba, the US Treasury Secretary said the Treasury disagreed with findings by the bank’s ethics committee that “totally exonerated� Adesina. Kaba confirmed receipt of the document and declined further comment. The intervention by the treasury, the AfDB’s biggest non-African shareholder, comes two weeks after the ethics committee found no evidence to support allegations of favouritism against Adesina. The 60-year-old bank chief, who has repeatedly refuted the allegations, is the only candidate up for election as president at an annual general meeting scheduled for August. “We have deep reservations about the integrity of the committee’s process. “Instead, we urge you to initiate an in-depth investigation of the allegations using the services of an independent outside investigator of high professional standing,�
Mnuchin said. The US Treasury didn’t immediately respond to an emailed request for comment sent by Bloomberg. Adesina was accused by a group of unidentified whistleblowers of handing contracts to acquaintances and appointing relatives to strategic positions at the Abidjan-based lender. “Considering the scope, seriousness, and detail of these allegations against the sole candidate for bank leadership over the next five years, we believe that further inquiry is necessary to ensure that the AfDB’s president has broad support, confidence, and a clear mandate from shareholders,� Mnuchin said. The US, which became a member of the bank in 1983, has a 6.5 per cent stake in the lender, the largest shareholding after Nigeria, as of November 2019, according to the AfDB’s website. US criticism of the bank’s internal processes follows comments by World Bank President, Mr. David Malpass, in February, that multilateral lenders, including the AfDB, tend to provide loans too quickly, and, in the process, add to African nations’ debt problems. The bank rebutted the statements as “inaccurate and not fact-based.� The AfDB is Africa’s biggest multilateral lender and has an AAA rating from Fitch Ratings, Moody’s Investors Service and S&P Global Ratings. Its shareholders are Africa’s 54 nations and 27 countries in the Americas, Europe, Middle East and Asia. In March, the lender issued a $3 billion social bond to help African countries deal with the fallout from the coronavirus pandemic. Bids for the securities on the London money market exceeded $4.6 billion. The bank also launched a $10 billion crisis-response facility for African nations.
the forensic audit is concluded, Nigerians would be shocked.� The director added that the commission's 2020 budget estimate submitted to the National Assembly two months ago had not been worked on due to the insistence of the two NDDC committees' chairmen. "We submitted our 2020 budget two months ago; nothing has been done about it. The two committee chairmen sat on it, asking for anything they want to ask for and we said no, it cannot happen. “As we speak the budget of 2020, go and ask them, where is it, by now we should have had the budget. The 2019 budget we are arguing about in the middle of 2020, this is May going to June, when are they going to give us our budget? Ask the chairmen," he said. According to him, the forensic auditing is already on after it passed through due process and is being carried out by a reputable international company. Ojougboh added: “You have to pass through due process for the forensic audit to become legal. You have to have the backing of the Auditor-General of the Federation, which we have already done. You have to get the due process certification, which
we have already done; we have to also go to the Federal Executive Council that has also approved and given us the go-ahead. “As we speak, a lot of monies, hotels, property have been seized and these people – contractors who have taken money and they didn’t do the job, the people who championed this corrupt thing, all of them are jittery. When we handed over all the documents of the NDDC to the forensic auditors it was on national TV; heavens were let loose, for they know the end is coming.� He noted that the Interim Management Committee (IMC) was being attacked because it said standards must be delivered as regards the forensic audit of the commission. He said some people who are afraid do not want the international company handling the audit to do it, because they wanted to give it to a charlatan. He said: “If Godswill Akpabio (Minister of Niger Delta Affairs) wanted to steal money, the N1 billion every month would have continued; if Akpabio wanted to steal money, the N3.7 billion that the chairman asked would have been paid; they would have shared to Akpabio, but we said no, we want to rescue the NDDC.�
On the allegation that Akpabio was out on a witch-hunt mission, targeting past managing directors, Ojougboh described it as laughable. He explained that the forensic audit was not initiated by Akpabio, but it came as a result of the visit of the governors of the nine oil-producing Niger Delta states to Buhari, where he was told about the massive corruption in the commission, adding that the president acted on that and instituted the probe. On the issue of alleged N40 billion fraud in the commission, Ojougboh said it was not possible to squander that huge amount of money, especially with the necessary checks and balances (Remita) now in place. He said all the money spent by the commission and how it was spent could be verified from the Central Bank of Nigeria (CBN) and the Accountant General of the Federation. He said: “I don’t mind leaving this seat I’m sitting on; I must give a good account of myself. I have lived all my life based on my integrity and my values that mean more to me. I have an integrity and a name to protect; nobody can just jump and say I have squandered N40 billion; where? How? Enough
is enough.� Reacting to NDDC director's allegation, Chairman of the Senate Committee on Media and Public Affairs, Senator Ajibola Basiru, told THISDAY that Ojougboh "must be exhibiting ignorance about the constitutional power of the National Assembly to perform oversight functions over all entities that expend national funds, particularly to prevent or detect corruption." According to him, "The integrity of the Senate is not here an issue by the fact that someone is obviously ignorant of the workings of the Senate or being mischievous. The Senate is acting within its constitutional mandate and the appropriate forum to challenge any perceived infraction by the National Assembly is to challenge same in a court of law not by wild claims on a television station." He said the National Assembly would wait to see if the NDDC will fail to honour the invitation to be extended to it by the ad hoc committee probing the alleged N40 billion fraud at the commission. "We wait to see whether the NDDC will refuse any invitation by the ad hoc committee when the work of the committee resumes," he said.
PAYING HOMAGE... Deputy Speaker, Ekiti State House of Assembly, Hon. Hakeem Jamiu (left), and Ekiti State Governor, Dr. Kayode Fayemi, during a visit by Ekiti Muslim leaders to the governor, in Ado-Ekiti...recently
Nine Months After, FG Yet to Appoint Head for Christian Pilgrim Commission Onyebuchi Ezigbo in Abuja Nine months after the removal of the Executive Secretary of the Nigerian Christian Pilgrim Commission (NCPC), Rev. Tor Ujah, the federal government has not appointed a replacement in a substantive capacity, THISDAY has learnt. Since the disengagement of Ujah in August, 2019, the commission has been administered by the Director of Administration in the commission, Mrs. Esther Kwaghe, in an acting capacity. When THISDAY contacted the Christian Association of Nigeria (CAN), a top official who pleaded anonymity said CAN had no direct responsibility for the commission. He said statutorily, the commission is under the office of
the Secretary to the Government of the Federation (SGF), adding that as a Christian, the vice president is allowed some measure of influence over the affairs of the commission. THISDAY gathered that the activities of the NCPC have been slowed down due to the uncertainty over its leadership. For instance, the person who has been overseeing the affairs of the commission is said to be merely designated as "director in charge," which places her in a very limited capacity to carry out the functions of the executive secretary. A source at the commission told THISDAY that the acting position does not allow certain decisions to be taken to enhance the effectiveness of the commission. "The designation as the director
in charge had ab initio put her in very serious limitations. She can do virtually nothing without reference to the board," the source said. When the former executive secretary was removed, the federal government gave a strong indications that a substantive head would soon be appointed to replace him. This assurance was given in the statement conveying the sack of Ujah, which was signed by the Director of Information at the Office of the Secretary to the Government of the Federation, Mr. Willie Bassey. He had stated that the disengagement was in line with the provision of Section 4, subsection 3 of the Nigerian Christian Pilgrim Commission Act. When THISDAY reached out yesterday to the Chairman of
the commission, Pastor Yomi Kasali, he stated that it was the responsibility of the president to appoint a substantive executive secretary for NCPC. Another source told THISDAY that when a similar position became vacant at the National Hajj Commission of Nigeria (NAHCON), the vacant position was promptly filled by the federal government. "What is more curious about the whole situation is that the position at the Christian Pilgrims Commission became vacant in August, months before that of the National Hajj Commission of Nigeria (NAHCON), which became vacant in November last year. "But President Muhammadu Buhari immediately appointed a new chairman for NAHCON," the source said.
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At UBA Web Summit, Leaders Outline Path for Africa’s Recovery Afreximbank boss calls for prioritisation of AfCFTA Nume Ekeghe Some global business leaders and African presidents have stressed the need for policymakers in the continent to look inward and adopt measures to create enabling environment for businesses to thrive post-COVID-19. This, they said, is vital in rebuilding the African economy that has been damaged by the virus. The leaders and experts made the call yesterday at the United Bank for Africa’s (UBA) 2020 Africa Day Conversations, with the theme: “Growth, Jobs, and Sustainable Development Amidst a global Pandemic,� that was moderated by the Chairman of the bank, Mr. Tony Elumelu. Some of the panelists included President of Senegal, Mr. Macky Sall; President of Liberia, Mr. George Weah; United States Senator, Mr. Chris Coons; President, International Committee of the Red Cross (ICRC), Mr. Peter Maurer; President and Founder, Africa CEO Forum, Amir Ben Yahmed; Donald Kaberuka. Elumelu reiterated the need for job creation and for empowering youths in Africa. Elumelu, who is also the Founder of the Tony Elumelu Foundation, spoke on the need to mobilise everyone and explained the necessity to discover a more fundamental solution to Africa’s challenges through collaborative efforts. He said: “This is the time for us to deal with the situation we have and also forge a better situation for everyone, acting again collectively. “This is not the time for finger-pointing but for a collaborative effort by governments and organisations to fight the pandemic globally.� Elumelu called for cooperation among stakeholders if Africa is to have a quick recovery from the pandemic. “There is a need to flatten the curve, we need global co-operation to stem global depression. Africa requires a large stimulus package and we need long-term solutions to prevent a cycle of debt,� he added. The President of the African Export-Import Bank (Afreximbank), Prof. Benedict Oramah, who was also among
the panelists, said Africa must leverage the opportunities that the African Continental Free Trade Agreement (AfCFTA) provided to facilitate trade and economic growth in the region. He said: “The pandemic has taught us that there comes a time when every group of people fends for themselves and there comes a time when you must be independent. I hope that the message that this pandemic is teaching us about independence will help us to integrate our continent better so that we will trade better, invest among ourselves better and promote our growth and development as a people without always looking out for others to bail us out. “The pandemic has shown so many weaknesses we have across our continent, not only from the point of view of infrastructure but from the appropriate economic policies that would help drive growth and also help manage events of the kind we are experiencing today,� he added. He said many African countries were not prepared for the shock that came with the pandemic. “The priority for our governments should be to make sure that the AfCFTA gets implemented without delay. If there was any doubt about the importance of that agreement that our leaders so courageously put in place about two years ago, this COVID-19 pandemic has told us that this is the way to go,� he stated. He said building a sustainable supply chain within the continent was pertinent. Oramah said: “We have to put away all reservations we have so we can build supply chains across Africa. This is the only way we can begin to foster dynamic growth in our continent. “If we do not do that, we would remain perpetual commodity exporters and we have seen what perpetual commodity exporters suffer when we have events like this as oil prices have crashed and there was no market for it. “At the same time, companies and countries were looking for medicals and pharmaceutical supplies and we did not have the infrastructure to produce them as well as the capacity and we
were waiting to be supplied from outside. And the supply chains were all disrupted. “So, the AfCFTA is the answer and we must waste no time and use this opportunity to overcome whatever challenges that we may have at or country level and even collectively as a continent. “When we start with it, we would be able to build the health infrastructure, manufacturing base, physical infrastructure that would connect so that when we are confronted with events like this, we would be able to handle them. “Another thing we need to do is to build a domestic capital market. Today, we have 55 countries, the stock exchanges are fragmented, not liquid and quite small, many economies do not have strong financial systems and I have never seen any continent that developed without a strong financial system.� In his contribution, Coons said collaboration among the countries in Africa would aide economic recovery. “I look forward to the future of Africa and its development. Before the pandemic, we have supported strong and significant investments to unlock the potential of Africa
and to provide for more robust growth and foster partnership. “It is important first to look at the rate in which African leaders have responded well and quickly and so far the response has gone fairly well. “I am encouraged by the progress by the AfCFTA, by the ways in which the African Union emerged from Ebola stronger and I support the multilateral institutions that we would need in order for all of us to prevent future pandemics and to recover from this one. “As the world’s youngest continent, there are ways that we can partner to invest in and create excitement among African youths,� he added. He stressed the need for entrepreneurial development in the continent. Speaking on how to rebuild multilateralism globally, he criticised the United States President Donald Trump’s stance. Weah established how collaborations worked in his government in an attempt to stem the sufferings brought about the pandemic. “In Liberia, we have taken measures to ease the financial burden on vulnerable businesses
in the informal sector by providing small loan assistance to SMEs and traders. "In addition, we are working with commercial banks to manage the repayment of loans as well as to create stimulus packages for citizens,� he said. The Secretary-General of the African Caribbean and Pacific Group of States (ACP), George Chikoti, who was also among the panelists, said the task of economic recovery on the continent rests on both the government and the private sector. “The responsibility of COVID-19 does not rest on the government alone, the private sector needs to play a big role in lifting the burden of the pandemic. African governments need to accept the support of the private sector in alleviating the impact of the COVID-19 pandemic in Africa,� he said. The Administrator, United Nations Development Programme (UNDP), Achim Steiner, noted that digital connectivity was essential for connectivity in the region. “Digital connectivity is very crucial to connect schools to the internet. We need to address
inequality; also, the virus has put a spotlight on Africa’s healthcare system. Africa needs to look at intermediate strategies like micro-insurance to ramp up this sector. Healthcare has the ability to make a large percentage of the occupation fall into extreme poverty,� he added. Maurer said there was need to look at pandemic as part of a broader health system which needs stabilisation. "We must do more than life-saving. This pandemic has illustrated the weakness of health, water, sanitation and social systems, and we have to heavily invest into the stabilisation of these systems," he stated. On his part, Yahmed said: “We have to get away from the commodity-driven model, which has failed in creating prosperity. "Secondly, self-reliance should be one of the major objectives. The pandemic is a wake-up call for Africa - creating new streams of revenue and self-reliance by the African continent.� Kaberuka also said what Africa needed to tackle the pandemic was something unusual, adding: "it is not business as usual. It is not marginal action, it is radical action.�
ENVIRONMENT SANITATION... L-R: Lagos State Commissioner for Environment and Water Resources, Mr. Tunji Bello; Permanent Secretary, OďŹƒce of Drainage Services, Mr. Lekan Shodehinde; and Special Adviser to the Governor on Drainage and Water Resources, Mr. Joe Igbokwe, during an inspection of canals and drainages in Lagos...yesterday
Omotosho, Olorunsogo Gencos Threaten to Sue NBET in London Court Chineme Okafor in Abuja Omotosho Power Generation Company in Okitipupa Local Government Area of Ondo State and Olorunsogo Power Station in Ogun State have threatened to sue the Nigerian Bulk Electricity Trading Plc (NBET) in the London Court of International Arbitration following a dispute over N13.2 billion Power Purchase Agreement (PPA), THISDAY has learnt. NBET was accused of mismanaging the PPAs it signed with the 335-megawatt capacity Olorunsogo and the 335MW Omotosho Gencos, which led to the alleged deduction of N5.2 billion from the gencos’ accounts as foreign exchange differential. NBET was also accused of withholding another N8 billion from the two gencos, which the bulk trader claimed was
surplus payments to them by the Market Operator (MO) for power supplied to the national grid. According to documents obtained exclusively from the Nigerian Electricity Regulatory Commission (NERC), Pacific Energy, which is the owner of the two plants, has sent a protest letter to the regulator and the Minister of Finance, Mrs. Zainab Ahmed, who is also the chairperson of NBET. In the letters signed by the chair of Pacific Energy, Mr. Deji Adeleke, NBET had instituted and sent dispute notices to the gencos, claiming discrepancies in their March 2020 capacity payment invoices, which were thought to have been settled. It was gathered that in their respective PPAs with the NBET, the gencos were entitled to minimum capacity payment on 186.3MW monthly by the
NBET; meaning that the least generation capacity payment they were entitled to monthly in their PPAs was this amount. However, this was contested by NBET but NERC in its April 17, 2020, regulatory ruling, reportedly resolved this dispute and directed that the terms of the PPAs be respected. But in an alleged breach of NERC’s ruling, NBET in May notified the gencos of existing disputes with them over the minimum monthly capacity payment. Adeleke described NBET’s position as shocking in view of the fact that NERC had resolved the issue. Adeleke added that NBET’s position amounted to an abuse of contract and indicated his intention to activate the dispute settlement clauses in their PPAs with the NBET at the London court since it disregarded the
NERC’s ruling. He accused NBET of unilaterally and illegally changing the base exchange rates on their PPAs from N157 per dollar to N169 per dollar and consequently deducted N5.25 billion from the gencos’ accounts and refused to refund the deduction, despite NERC’s directive. According to him, this development forced the gencos to take a loan from the banks to fully offset their gas bills between January and September 2019. Adeleke said over N8 billion was deducted from the gencos’ accounts by NBET as overpayment to them despite a completed market reconciliation exercise with the Market Operator (MO). The gencos stated that the terms of their PPAs with the NBET recognised that they will get reduced capacity and
energy tariffs on the seventh year of their operations, adding that the NBET swiftly implemented this but refused to obey another clause, which recognised exchange rate true invoices – a term for capturing gaps in exchange rates used in their PPAs with real rates. “One can safely conclude that any provision in the PPAs that reduces the plants’ revenue is implemented without delay while any provision of the PPAs that will increase the plant’s revenue is delayed indefinitely. How can any company survive under this type of business atmosphere? “This type of poisonous business atmosphere only lays the foundation for blackmail and corruption,� said one of the letters signed by Adeleke. The letter said: “Pacific Energy Company Limited, the owner of Olorunsogo and Omotosho
plants, have restrained from taking NBET to the London Court of International Arbitration as provided for in Clause 21 of the PPAs, but has always reported to NERC, the regulator, in order to avoid embarrassment to our dear country, Nigeria. But Pacific may have no other choice if NBET continues to disregard NERC’s rulings.� During the privatisation of the power sector, the federal government had sold the Omotosho Power Plant to a consortium of China National Machinery and Equipment Import and Export Corporation (CMEC) and Pacific Energy under a debt-equity swap arrangement. Olorunsogo Power Station was also bought by a consortium led by Sepco III Electric Power Construction Corporation of China and the indigenous company, Pacific Energy.
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PAGE EIGHT 28 GOV ASPIRANTS JOSTLE TO UNSEAT AKEREDOLU, OBASEKI of the Nigeria Centre for Disease Control (NCDC) on public gathering in an era of COVID-19. The guidelines favoured electronic campaigns and discouraged rallies that could lead to large gatherings that could endanger the health of the electorate. THISDAY gathered that as the race for the October 2020 election peaks, at least 20 aspirants have indicated their interest to challenge the re-election of Akeredolu. The major aspirants are from three political parties- the ruling All Progressives Congress (APC), the main opposition, the Peoples Democratic Party (PDP) and the African Democratic Congress (ADC). However, only one person, Prince Eniola Onajuni, a native of Ilaje Local Government Area of the state has indicated interest to run on the platform of ADC. In the APC, strong aspirants comprise those who contested the 2016 primary against Akeredolu and new entrants while the PDP has both the former candidate of the party and also new entrants. Prominent among the APC candidates is Mr. Olusegun Abraham, a Lagos-based businessman, who contested against the incumbent in 2016 and came second in the primary. Abraham is from Ikare in Akoko North-East Local Government in Ondo North. A major obstacle against Abraham, who is close to the party national leadership is the insinuation that he usually leaves the state after every election and comes back when another election approaches. He is a member of the Unity Forum of APC opposed to Akeredolu. Another aspirant, Chief Olusola Oke, is a grassroots politician, with structures across the 18 local government areas of the state, having contested twice as a candidate in 2012 and 2016 on the platforms of different political parties. Oke, who belongs to the Unity Forum, is from Ilaje Local Government Area in Ondo South Senatorial District and is said to be the most experienced among the aspirants. Another aspirant, Mr. Ife Oyedele, is the Executive Director (Technical) of Niger Delta Power Holding Company (NDPHC) and hails from Okitipupa Local Government in Ondo South. Oyedele is from the Congress
for Progressive Change (CPC) bloc of the APC like President Muhammadu Buhari. Mr. Isaacs Kekemeke, another APC aspirant, is an experienced politician from Ese Odo Local Government in Ondo South District. Kekemeke and Akeredolu fell apart during the build-up and after the APC primary of 2016 over his support for Abraham against other aspirants. Mrs. Jumoke Anifowose, a lawyer, is a daughter of the first governor of Ondo State, the late Pa Adekunle Ajasin. She is an indigene of Owo like the incumbent governor. The President of the Nigeria Medical Association (NMA), Dr. Francis Faduyile, is also said to be eyeing Akeredolu’s job. He is a native of Okitipupa Local Government Area. Ambassador Olusola Iji, an indigene of Igbobini in Ese Odo Local Government of Ondo South like Kekemeke is also said to be in the race. He is currently Nigeria’s ambassador to Togo. Chief Olayide Adelami, a former deputy clerk of the Senate, and an indigene of Owo, is also said to be in the race. Chief Banji Ayiloge, a native of Ijare in Ifedore Local Government and a former commissioner for information during the tenure of the late Chief Adebayo Adefarati is also slugging it out with other aspirants. He was Akeredolu's Campaign Director-General in 2012 during the Action Congress of Nigeria (ACN) era. As at last count, no fewer than 15 aspirants from the PDP have shown interest in the governorship seat from the three districts. Chief Eyitayo Jegede (SAN), a former Attorney General and Commissioner for Justice, was the party's candidate in 2016. He came second in the 2016 poll won by the incumbent. A native of Akure, the state capital, Jegede is the only PDP aspirant from the Ondo Central. Another aspirant, Dr. Eddy Olafeso, is the current National Vice Chairman (South-west) of the party. Olafeso is a former commissioner for information in the state. Olusola Ebiseni is also an aspirant in PDP. He was the Chairman of old Ilaje/Ese Odo Local Government at 27 and a three-time commissioner in the state. Mr. Boluwaji Kunlere, a native of Igbotako in Okitipupa Local
Government, is believed to be the most experienced among all the PDP aspirants, having won the election in all the three tiers of government at different times. Kunlere was the Chairman of the Okitipupa Local Government, a member of the state House of Assembly and senator that represented Ondo South from 2011-2015 Mr. John Mafo, another aspirant on the platform of PDP, was the deputy governorship candidate in the 2016 governorship election in the state. The Ilaje-born politician is a former commissioner for information in the state. Hon. Banji Okunomo, another aspirant, is the former publicity secretary of the PDP in the state. Mr. Bamidele Akingboye, another aspirant from the Ondo South District, is a Lagos-based businessman. He showed interest in the PDP ticket in 2016 but never purchased the nomination form. Hon. Bode Ayorinde is a former member of the House of Representatives. The Owo-born politician, who is the founder of Achievers University, Owo, contested in the 2016 primary of the APC and lost to Akeredolu. Also in the race is Dayo Fadahunsi, now a businessman and farmer. He is a former Chairman of the Nigeria Union of Journalists (NUJ), Ondo State. He is an indigene of Owo like Akeredolu. Fadahunsi also indicated an interest in the party's ticket in 2016 but like other aspirants was persuaded to concede the ticket to Jegede who was the party's standard bearer.
Edo Race Heightens Although there are many political parties that are likely to field candidates in the governorship election coming up in Edo State on September 19, only the APC and the PDP are firmly on the ground. From the PDP end, three aspirants have so far indicated their interest to contest in the party primaries. They are Hon. Omoregie Ogbeide-Ihama, the member, representing Oredo Federal Constituency in the House of Representatives; Mr. Kenneth Imansuangbon, a lawyer and Abuja-based school proprietor; and Mr. Gideon Ikhine, a retired senior staff of Shell Petroleum Development Company (SPDC). In APC, five aspirants have emerged namely: Obaseki
and former Secretary to Edo State Government and 2016 governorship candidate of the PDP, Pastor Osagie Ize-Iyamu. Others are retired Executive Director (Upstream), Nigerian National Petroleum Corporation (NNPC) and former Minister of State for Works, Dr. Chris Ogiemwonyi; immediate past Deputy Governor of Edo State, Mr. Pius Odubu; and Maj-Gen Charles Airhiavbere (rtd), who was the candidate of PDP in the 2012 governorship election. From the guidelines released by the national leadership of the two parties, APC fixed its primary election for June 22 while PDP slated its race for 23 and 24 of June. It’s on this premise that the battle of who clinches the party ticket, especially in the APC has become more fierce as the day draws closer because of the crisis in the party, which has led to factionalisation with one camp supporting the National Chairman, Mr. Adams Oshiomhole, and the other belonging to Obaseki. To achieve their quest of ensuring Obaseki is defeated at the primary election, some leaders of APC made a move to have a consensus candidate to face Obaseki, which ended in a deadlock as the meeting was postponed. However, it was gathered that consultation is still ongoing and a fresh meeting was rescheduled without any date given. The meeting, which held at the residence of a former deputy governor of the state, Mr. Lucky Imasuen, was allegedly disrupted during the process of trying to agree on modalities to be used for the shadow election. It was learnt that trouble started when some persons queried the rationale behind the inclusion of the 14 members-elect of Edo State House of Assembly who are yet to resume sitting to vote in the meeting. Eventually, when they were allowed to vote, another controversy erupted as most of them were said to be supporting Ize-Iyamu. It was gathered that the contest was fierce, especially amongst the trio of Ize-Iyamu, Odubu and Ogiemwonyi. It was also gathered that Ogiemwonyi left the meeting for his home shortly after the meeting was disrupted. According to a source close to the meeting, “The consensus meeting was presided over by Prof. Julius Ihonvbere, member,
representing Owan Federal Constituency in the House of Representatives. "Another concern raised at the meeting was the number of delegates from Edo Central and Edo North some of whom were said to have stepped down for Ize-Iyamu to boost his chances while others raised the issue of sponsorship of delegates to the meeting that eventually led to its postponement to another undisclosed date."
INEC Releases COVID-19 Compliant Guidelines, Adopts Online Operations Meanwhile, INEC yesterday released the guidelines for the conduct of the governorship elections in the two states and subsequent elections in the country. The commission said that it derived its authority from Section 160 (1) of the 1999 Constitution (as amended) and Section 153 of the Electoral Act 2010 (as amended). In a 17-page document signed by the INEC’s Chairman, Prof. Mahmood Yakubu, the commission said it would ensure that pre-election preparations (PEP) activities shall be conducted online preferably, adding, however, that where face-to-face activities become necessary, the protocols for COVID-19 prevention should be followed. The commission explained that the guidelines contained the pilot changes to the electoral process in the light of the COVID-19 pandemic in a by- election prior to the Edo and Ondo governorship elections in order to learn lessons where necessary. According to the guidelines, the commission shall conduct an immediate evaluation of its key election facilities to ensure that they are fit-for-purpose, including polling units (PUs), registration area centres (RACs) and collation centres. These facilities will be reorganised to make them more optimal to health and cost considerations. Also, it said in order to support improved planning and deployment during the COVID-19 pandemic, two key spatial and mapping activities would be implemented namely, geo-referencing of RAC locations and mapping of COVID-19 prevalence. According to INEC, in
handling and delivery of election materials, it shall reduce the number of contacts during distribution and when nonsensitive materials are procured, they will be delivered directly by vendors to states or purchased by states requiring the materials and packaged according to the quantity required by each registration area. It added that this will reduce the level and number of contacts during distribution. It said that it will continue to make available its electronic channels for voters to check their registration status and pilot the use of Electronic Voting Machines at the earliest possible time and also works towards the full introduction of electronic voting in major elections starting from 2021. The commission said: "Ballot papers and result sheets (sensitive materials) shall be packaged to registration areas (RAs). Production of sensitive materials shall commence early to give adequate time for proper packaging and delivery. "The COVID-19 pandemic is likely to adversely affect staffing for elections. Consequently: The commission will engage immediately with NYSC and INEC’s state offices to evolve modalities for corps members to serve as ad hoc staff in elections during the pandemic. The commission’s state offices will commence identification of alternative sources of ad-hoc staff in line with the commission policy, in case there are shortfalls." It said the commission would "ensure the use of electronic and non-contact means to recruit ad-hoc staff by deploying its INEC’s portal, as well as in notifying ad hoc staff of invitations and postings (for example, use of SMS) to prevent large gatherings at INEC offices during staff deployment. "The Electoral Operations and Logistics Department (EOPs) will harvest all past ad hoc staff from its databases and send to each state preparing for elections. "All ad hoc staff databases in the commission will be harmonised for better management. To reduce the risk of transmission of COVID-19, the commission shall reduce to a minimum interstate ad hoc staff, for off-season and by-elections. The rule shall be that only shortfalls requested by the states are filled from outside the state. As much as possible, all election Continued on page 9
WITH 1.87% GDP GROWTH, ANALYSTS SEEK INVESTMENT-FRIENDLY POLICIES quarter under review, aggregate GDP stood at N35.64 trillion in nominal terms compared to N31.82 trillion in the first quarter of 2019, with a nominal growth rate of 12.01 per cent year-on-year. Real GDP stood at N16.74 trillion. The Nigerian economy grew by 2.27 per cent at full year in 2019 compared to 1.91 per cent in 2018, according to the statistical agency. Relative to the first quarter of 2019, the nominal growth rate was higher by 0.11 per cent, but lower than the preceding quarter by –0.32 per cent. However, quarter-on-quarter, real GDP growth was –14.27 per cent compared to 5.59 per cent recorded in the preceding quarter. The Q1 performance was dominated by the non-oil sector, which grew by 1.55 per cent and accounted for 90.50 per cent of growth. This was, however, lower than the 92.68 per cent recorded in the preceding quarter, while the oil sector which grew by 5.06 per cent, contributed 9.50 per cent to GDP, up from 7.32 per cent in Q4. The average daily oil production peaked at 2.07 million
barrels per day (mbpd) in Q1, higher than the 2mbpd recorded in Q4 by 0.06mbpd- and also higher than 1.99mbpd recorded in the same quarter of 2019 by 0.08mbpd. However, agriculture contributed 21.96 per cent to growth while industries accounted for 23.65 per cent as well as the services sector that accounted for 54.39 per cent. The manufacturing sector’s contribution to GDP in Q1 stood at 9.65 per cent, lower than the 9.79 per cent recorded in Q1 2019 but higher than the 8.74 per cent recorded in Q4 2019. Speaking in separate interviews with THISDAY, analysts advised the federal government to focus more on developing the real sector, particularly agriculture to cope with the growing impact of the COVID-19 pandemic, which was largely responsible for the contraction in the growth of the economy in the first quarter of the year. The Managing Director/Chief Executive Officer, Financial Derivatives Company Limited, Mr. Bismarck Rewane, said there was an urgent need for an ideological shift in the country. “The main variable that can
take this economy out of this current problem is investment. Until you do something that would make investors, both domestic and international, to have confidence in this economy, then we are not going anywhere. “I am not convinced at this point in time that the emphasis on investment as a catalyst for growth has been appreciated. That is my personal view. Investment will not happen during a pandemic because investors by nature are overly cautious at that time, but you have to plan and make it your objective. “The major determinant is that an investor should be able to get value out when he comes in. Therefore, the exchange rate management mechanism has to be clear,� Rewane, who is a member of President Muhammadu Buhari’s Economic Advisory Council, said. The Co-founder, CardinalStone Partners Limited, Mr. Mohammed Garuba, said there was a need for the federal government to encourage private sector investment as the government alone cannot address the country’s challenges. He said: “Government doesn’t even have the resources. That
is why the government has to create an enabling environment to allow the private sector to thrive so as to stimulate growth. And we are seeing a bit of that. Last year’s budget and this year’s budget, the government planned to build certain roads, but they are not using their money. Instead, they are partnering with some companies like Dangote to build those roads and the government would write-off some of his debts. Those are the kinds of partnerships we need. So, it is about creating an enabling environment.� On his part, Prof. Uche Uwaleke of the Nasarawa State University, who commended the Central Bank of Nigeria’s (CBN) intervention in agriculture, especially the Anchor Borrower Scheme (ABP), added that it has helped to grow the sector. "It is time to expand and scale up the interventions to cover more products and states of the federation. “The IMF has projected that the Nigerian economy will sink by 3.4 per cent this year. In order to reduce the size of the economic recession below forecast global average of three per cent, it is important that the COVID-19 stimulus packages
both by the government and the CBN are well-targeted and executed in ways that will protect jobs and speedily reverse the present downturn in economic activities. "This is the more reason much attention should be shifted to the non-oil sector, especially agriculture, health, education and the enabling infrastructure such as power, roads, and ICT. "Mechanised farming will go a long way in boosting food production. Doing so will bring down food inflation which was over 15 per cent as of April according to the NBS," he said. He said the performance of the economy in Q1 should not come as a surprise as the negative impact of COVID-19 on the economy, the supply chain disruptions, the associated public health crisis and the collapse in oil price had negatively impacted on growth. Associate Professor of Agricultural Economics at the University of Port Harcourt, Dr. Anthony Onoja, described the economic performance as worrisome even though it was expected. He told THISDAY that with the historic low capacity utilisation in the real sectors,
which appeared not to be improving as infection rates of the COVID-19 pandemic had not yet flattened, it becomes inevitable to face the reality of living with and fighting another recession in the economy again. He said: "The government will need to stimulate the economy by providing support to the real sectors in the form of loans or tax holidays. Efforts should be made to support the agriculture sector and other non-oil sectors so as to diversify the economy.� According to him, loans should be used where necessary to boost capacities of small and medium enterprises and also to help pay salaries of workers as it can stimulate aggregate demand and boost employment. He said enabling environment for businesses to thrive should be created by developing good health infrastructure, electricity, and support to research and development in the country. Onoja added: "This is an ominous sign that the muchdreaded recession is here with us again. A recession is a general downturn in an economy. A recession is usually associated with high unemployment, slowing gross domestic product, high inflation, and interest rate.�
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TUESDAY, ÍşÍžËœ ͺ͸ͺ͸ Ëž T H I S D AY
NEWS
Lawyers Differ over Executive Order on Financial Autonomy for State Legislature, Judiciary Alex Enumah in Abuja Lawyers are divided over President Muhammadu Buhari's Executive Order No 10 of 2020, compelling the enforcement of financial autonomy for the legislature and the judiciary in the 36 states of the federation as enshrined in Section 121 (3) of the 1999 Constitution as amended. Some senior lawyers, who spoke to THISDAY, described the executive order as laudable because it would entrench the principle of separation of powers and make all arms of government truly independent. However, others countered that as good as the decision may appear, the president lacked the legal authority as the issue of financial autonomy of state legislature and judiciary is purely a constitutional matter. Those who spoke in favour of the new order include former Nigerian Bar Association (NBA) National President and human rights activist, Chief Olisa Agbakoba (SAN); President, Centre for Socio-Legal Studies (CSLS) and Professor of Public Law, Professor Yemi Akinseye-George (SAN) and Mr. John Baiyeshea (SAN). But another senior lawyer, Mallam Ahmed Raji (SAN) and an Abuja-based legal practitioner, Mr. Steve Ekeh, said financial autonomy for state legislatures
and judiciary could not be addressed or legislated on by a mere executive order. According to Agbakoba, the executive order complies with the doctrine of separation of powers, which in the constitution makes the funding of the judiciary independent of the executive. Agbakoba congratulated the president for the effort, noting that by signing the executive order, Buhari has implemented the decision in Olisa Agbakoba vs AGF, that judicial funding is independent of the executive. He, however, said if the governors believed in the notion that the central government was overloaded with too many responsibilities, they should apply political wisdom than legalism, adding that "this executive order has the potential to kick-start the long-awaited rebalancing of the federation." "So, my advice is for the governors to also encourage the president to issue more executive orders," he said. Similarly, Akinseye-George said the president did the right thing by signing the order, adding that the recognition of the financial autonomy for the judiciary and the legislatures at all levels of government is necessary for effective checks and balances. "At the moment, state governors exercise overbearing powers.
Most states practice the oneparty system. Several governors operate like dictators. This does not augur well for democracy. The autonomy of state legislature and the judiciary should help to improve the performance of those two arms of government," he said. While noting that it is possible for the financial autonomy to be abused, he urged stakeholders to work together to hold state legislature and judiciary accountable. "Autonomy must go handin-hand with accountability. It is likely that autonomy will be abused. Civil society must be up and doing at the state levels to draw attention to the excesses of the arms of government. "The media too has an important role to play in reporting abuses of powers by the different arms of government. In short, we must all be vigilant to ensure that the grant of autonomy translates to good governance in the real sense of the word," he said. While acknowledging the president's power to enforce the constitution, he said any governor who violated the constitution could be sanctioned by the president. He said although the president might not use force, there were other ways he could compel obedience to the constitution, including executive orders made pursuant to the constitution.
On his part, Baiyeshea who noted that the issue of financial autonomy for state legislature and judiciary is a constitutional matter, explained that the issue had dragged on for too long with previous administrations refusing to comply. "I think with the executive order, what the president has done is to lead by example. Having now demonstrated the will power to comply with the constitution, it means that, at the federal level, the National Assembly and the judiciary are now financially independent or autonomous. "I expect the states to follow," he said. Baiyeshea also noted that with Executive Order 10, 2020, the president has also given effect to the judgment of the Federal High Court delivered in 2013 in a suit filed by the Judiciary Staff Union of Nigeria (JUSUN), wherein the federal government and state governments were ordered to grant financial autonomy to the judiciary. "The debate for financial autonomy for those arms of government has raged for too long. In the legal profession, we have always detested the idea of heads of the judiciary in the states (particularly), going 'caps in hand' to the governors (who seem to enjoy keeping the judiciary perpetually under their executive
powers), to 'beg' for funds to run the affairs of the judiciary. "The bold steps of the president will or should settle the issue once and for all. That's a level of progress," he said. Baiyeshea also expressed fear that autonomy may lead to gross abuse. However, Raji and Ekeh described the financial autonomy of state legislature and judiciary as a constitutional matter that cannot be addressed or legislated on by a mere executive order. "The appropriate authority to grant such autonomy is either the constitution or an enabling statute. The problem with an executive order is multifaceted. What happens if the president withdraws, revokes, or suspends the order? Is the granting of autonomy within the executive power of the president under Section 4 of the 1999 constitution? Most humbly, I don’t think the president has the power and such is prone to create uncertainty as the president may decide to revoke or suspend the order," Raji stated. While noting that the issue of financial autonomy can only be achieved by legislative intervention, he said: "Governors can seek redress in court or ignore the order but it is better to go to court." Ekeh stated that although an executive order may be
regarded as a law or having a legal force, they remain subsidiary or delegated legislation. He said for exigent reasons, including administrative reasons, the executive could make certain orders, rules, regulations, which have the force of law. Ekeh, however, added that such orders, rules or regulations must not be inconsistent either with provisions of substantive law or any provisions of the constitution. "Where subsidiary legislation like orders, rules and regulations made by the executive is contradictory or inconsistent with the provision of substantive law or the constitution, such must be null and void to the extent of its inconsistency. "Issues bordering on the autonomy of state legislature and the judiciary are constitutional matters that cannot be addressed or legislated on by a mere executive order. "Nigeria operates federalism and matter relating to the autonomy of state legislature or judiciary is within the prerogative of the state governments and not the federal government. "Executive Order 10 as it relates to granting autonomy to state legislature and judiciary is inconsistent with provisions of the constitution and therefore null and to the extent of its inconsistency," Ekeh added.
contracting COVID-19 and was found dead hanged in his room on Sunday.
Madagascar has announced it will dispatch troops and doctors to an eastern town after bodies were found in the streets and where two people died from the virus. Madagascar’s cabinet held a special meeting on Sunday to discuss the situation in Toamasina, the country’s second-largest city. The Indian Ocean island nation has registered 527 infections and two deaths, both in Toamasina. Since Thursday, more than 120 new cases were confirmed and bodies were found in the city’s streets though the cause of death was not clear. “Doctors must carry out thorough examinations to see if these deaths are caused by another illness‌ or if they are really due to severe acute
respiratory problems, which is the critical form of COVID-19,� the spokesperson for the government’s virus taskforce, Professor Hanta Marie Danielle Vololontiana, said in a national broadcast. The government will send 150 soldiers to reinforce Toamasina, maintain order and enforce measures against the coronavirus such as mask-wearing and social distancing. The cabinet also fired Toamasina’s prefect without providing any explanation. A team was also ordered to distribute a drink based on Artemisia, a plant recognised as a treatment against malaria, which the Malagasy authorities claim cures COVID-19. The potential benefits of this herbal tea, called COVID-Organics, have not been validated by any scientific study. The cabinet has also announced an investigation into the death of a doctor in Toamasina. According to the local press, the victim was hospitalised after
INEC said that P e r s o n a l P r o t e c t i v e Equipment (PPE) and other safety materials would be provided for polling staff. "There shall be two metres (six feet) queuing distancing for all seeking to enter the collation hall. "There shall also be six feet sitting spacing arrangement within the collation hall. "In order to prevent overcrowding during collation, only one polling agent of a party on the ballot (or the candidate in person) for the election(s) shall be allowed into the collation hall. "It is now mandatory for designated election staff to collect and deposit all electoral operations copies of results with their supervisors within the prescribed time. Non-compliance shall be treated as a dereliction of duty. "All post-election debriefings shall preferably be done electronically. Where face-toface debriefings take place, the protocols for COVID-19 prevention shall be followed,"
the commission said. On training, INEC said that the methodology for election training would combine face-to-face and electronic approaches. The commission is to suspend the continuous registration of voters (CVR) for the time to prevent the health risks associated with it in the context of COVID-19. It said it would continue to make available its electronic channels for voters to check their registration status and pilot the use of electronic voting machines at the earliest possible time and also work towards the full introduction of electronic voting in major elections starting from 2021. On voter education, the commission said it would liaise with the Nigeria Centre for Disease Control (NCDC) and other health authorities to develop messaging on COVID-19 and the electoral process. The commission will also make extensive use of radio and television broadcasts in several
WHO SUSPENDS CLINICAL TRIAL OF HYDROXYCHLOROQUINE OVER SAFETY CONCERNS Safety Monitoring Board. He said: "As part of our continued response to the pandemic globally, WHO continues to work aggressively on research and development. "As you know, more than two months ago, we initiated the Solidarity Trial to evaluate the safety and efficacy of four drugs and drug combinations against COVID-19. "Over 400 hospitals in 35 countries are actively recruiting patients and nearly 3,500 patients have been enrolled in 17 countries. But on Friday, The Lancet published an observational study on Hydroxychloroquine and Chloroquine and its effects on COVID-19 patients that have been hospitalised." He said the authors reported that among patients receiving the drug, when used alone or with a macrolide, they estimated a higher mortality rate. He added: "The Executive Group of the Solidarity Trial, representing 10 of the
participating countries met on Saturday and has agreed to review a comprehensive analysis and critical appraisal of all evidence available globally. "The review will consider data collected so far in the Solidarity Trial and in particular robust randomised available data, to adequately evaluate the potential benefits and harms from this drug." He explained that the executive group has implemented a temporary pause of the Hydroxychloroquine arm within the Solidarity Trial while the safety data was reviewed by the Data Safety Monitoring Board, stressing that the other arms of the trial are continuing. Ghebreyesus said: "This concern relates to the use of Hydroxychloroquine and Chloroquine in COVID-19. I wish to reiterate that these drugs are accepted as generally safe for use in patients with autoimmune diseases or malaria. WHO will provide further updates as
we know more. And we will continue to work night and day for solutions, science." He commended Africa for its push against the COVID-19 pandemic, adding that it has the least burden of the disease compared to other regions of the world. He said: "So far, although around half of the countries in the region have community transmission, concentrated mainly in major cities, Africa is the least-affected region globally in terms of the number of cases and deaths reported to WHO. "Africa has just 1.5 per cent of the world’s reported cases of COVID-19 and less than 0.1 per cent of the world’s deaths. "Of course, these numbers don’t paint the full picture. Testing capacity in Africa is still being ramped up and there is a likelihood that some cases may be missed. "But even so, Africa appears to have so far been spared the scale of outbreaks we have seen
in other regions."
Madagascar Finds Bodies on Streets, Deploys Doctors, Troops
229 New COVID-19 Cases Increase Nigeria’s Tally to 8,068 Nigeria has recorded 229 new cases of COVID-19, bringing to 8,068 the total number of confirmed cases in the country. It has also recorded seven new deaths, taking the toll from 226 to 233 within the last 24 hours. Announcing this last night, the Nigeria Centre for Disease Control (NCDC) said Lagos recorded 90 new cases, Katsina 27, Imo 26, Kano 23, Federal Capital Territory (FCT) 14, Plateau 12, Ogun nine, Delta seven, Borno and Rivers five each, Oyo four, Gombe three, Osun two, while Anambra and Bayelsa one each. It said: "Nigeria's COVID-19 cases are 8,068. Those discharged are 2,311, while 233 persons have unfortunately lost their lives."
28 GOV ASPIRANTS JOSTLE TO UNSEAT AKEREDOLU, OBASEKI staff will be sourced in-state and transportation of election staff shall comply with COVID-19 containment protocols." Also, the guidelines reduced the number of passengers in each vehicle on Election Day from 14 to seven for buses, and from 12 to six for boats. It warned against the use of motorcycles and tricycles, saying they “must be used sparingly with one passenger per motorcycle and two per tricycle." All passengers and drivers are, however, to wear face masks while vehicle owners are to provide hand sanitisers for the passengers. For its registration area centre activities, INEC said its state offices would assess RACs to determine their suitability for elections. The commission said COVID-19 awareness would be included in RAC briefing, while handouts, flyers and information kit on the pandemic would be distributed to electoral staff.
Also, election staff may be checked by RAC managers or supervisory presiding officers (SPOs) for COVID-19 symptoms such as high temperature and coughing while staff showing symptoms will receive medical attention and be replaced immediately. In the establishment of voting points, the commission said in order to reduce the number of points in a polling unit to be monitored and controlled for COVID-19 compliance, the threshold for voting points would be increased from 500/750 to 1,000/1,250. The commission is also to redesign the polling unit layout to ensure substantial compliance with the protocols established by health authorities, especially by ensuring compliance with social distancing, general hygienic conduct and enforcement of COVID-19 prevention protocols. INEC said there would be a two-tier queuing system at the polling unit – one outside and the other in the voting area
while voters will be brought into the voting area periodically to prevent overcrowding. Tags and twines may also be used to ensure crowd control and maintenance of social distance. To accommodate additional activities in setting up the PU due to COVID-19, INEC said polls would now commence at 8.30 am and close at 2.30 pm, while anybody on the outer queue by 2.30 pm would be allowed to vote, in line with the commission’s regulations. It said face masks would be mandatory at polling units and all election locations, adding that any voter without a face mask would be turned away from the polling unit. However, it permitted an Assistant Presiding Officer (APO) II in checking the register of voters to request removal of the mask to prevent impersonation. According to the commission, there will be periodic disinfection of chairs, tables and work areas, as well as adequate ventilation at the polling units.
languages on COVID-19 and the electoral process in a manner that balances the health risks of the pandemic and the civic responsibilities of Nigerians. On political parties’ election planning, the commission said it would create e-platforms for the following activities: "accreditation of observer groups and deployment of their field observers; submission of nomination forms by political parties for candidates. Tracking and reporting of campaigns and campaign finance by/for candidates and political parties." It said accreditation and deployment of observers and party agents would be online. The commission will also reduce the number of accredited observer groups to reduce crowding and, therefore, health risks at election venues. It will also encourage political parties to develop appropriate guidelines and regulations for the conduct of party primaries that take into account the COVID-19 prevention protocols.
T H I S D AY ˾ TUESDAY MAY 26, 2020
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POLITICS
Group Politics Editor NSEOBONG OKON-EKONG Email nseobong.okonekong@thisdaylive.com (08114495324 SMS ONLY)
Obasa Wards off ‘Detractors’ With his colleagues on his side, the Speaker of the Lagos State House of Assembly, Mudashiru Obasa, is doing everything possible to fend off sundry allegations of corruption, Davidson Iriekpen writes
T
hese are not interesting times for the Speaker of the Lagos State House of Assembly, Hon. Mudashiru Obasa. Lately, just like most politically exposed persons, he has been in the news for the wrong reasons. His accusers are alleging corruption against him. For instance, Obasa found himself in the middle of allegations by an online medium which claimed that he used a company known as De Kingrun Multipurpose Nigeria Limited to secure contracts from the assembly and ministries for himself to launder public funds. In a story titled: Exposed: Speaker of Lagos Assembly, Obasa, Awards Contracts to self through Company Registered in son’s name.’ the online medium added that the speaker used the names of his father, wife and children to register the company. It further alleged that he owns several other companies, which he used to receive contracts from the assembly. But undaunted, the speaker, a lawyer, has dared his accusers to prove the allegations or face a lawsuit. Describing them as detractors, he said he is determined to protect his hard-earned reputation built right from his days as a councillor from 1999 to 2003 when he first got elected into the assembly. The lawmaker, who has been in the House since 2003 as part of the fifth, sixth and seventh assemblies, feels that his political career is unblemished and unquestionable. Though he did not deny owning the company, but challenged the medium to publish the contract date, location, amount and agreement. “Let me also join you to emphasise that what was published has nothing to do with me. The fact remains that De Kingrun has no relationship with the Lagos State House of Assembly. At least, they have alleged and they must be able to prove by giving out the name of such contracts, the amount, the location, the date and the contractual agreement.” Even his lawyer, Lawal Pedro (SAN), has taken up the battle on his behalf. He has not only dared the accusers to prove and substantiate the allegations, demanded a retraction for face a lawsuit. Pedro, in a demand letter to the online medium’s publisher, said the unsubstantiated claims repeated in the reports confirmed Obasa’s suspicion “that you and your organisation for reasons best known to you are preoccupied with personal resentment and hatred neither warranted, necessary, proper nor justified against him”. The SAN, in the April 30 letter, added: “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 Honourable Speaker of the Lagos State House of Assembly (our client). “Our client has been greatly injured in his credit, character and reputation and his office and has been brought to unwarranted hatred, ridicule, public scandal, odium and contempt before his friends, associates, Constituents, the State, the country and the world as a whole. “No responsible media organisation will hide under media freedom or freedom of expression to deliberately
expenditure had been in existence since 2012.” On the allegation that the company handling the project was registered in 2015, the same year Obasa emerged as Speaker, the Clerk wondered how a company supposedly registered in 2015 would be engaged in 2018 if it is truly in the Speaker ’s interest. The lawmaker representing Somolu Constituency 1 and Chairman House Committee on Finance, Rotimi Olowo, said the online medium was known for publishing misleading reports. “I believe if it is truly investigative journalism that the medium is practising, it should get the other side of the issue before they rush to publish lies. The medium is known to publish lies as they published recently that former Speaker of the House of Representatives was dead. But this is one that you can see that the medium was telling lies because we have a procurement law and there are procedures stated by the law.
Obasa
peddle false and malicious statement to injure any citizen’s reputation and credit. “In the circumstance, it is our client’s instruction and we hereby demand of you, within seven days of receipt of this letter a retraction of the said false, malicious and defamatory publication against our client through your online publication, social media platforms and three national newspapers circulating in Nigeria. You are also to tender a written unreserved apology to our client for the publication. “Take notice that, if you fail, refuse or neglect to meet our client’s humble request within the stipulated number of days, we have his further instruction to commence legal action against you and your organisation for the malicious defamatory publication and to claim N1billion damages,” Pedro wrote. Even a lawyer, John Jacobs-Adeniyi, has urged Obasa and the assembly to pursue the matter to the logical conclusion if the medium does not retract or substantiate the reports. He said: “Journalism should be practised responsibly. The report by an online medium maligning the person of Speaker Obasa is an abuse of the platform, with those behind it out only to achieve selfish rather than a public good. “How can a person high up in a position of Speaker give such a huge amount as N50million to thugs to burn down an online news reporting platform’s office, without the medium providing evidence to back it up? Is money now so cheap to come by in the country? “Could it be that such an incredulous accusation was sponsored? Why would a
responsible platform risk the publication of such spurious accusations? The truth is that the speaker should pursue this blackmail to its logical legal conclusion,” he concluded. Perhaps, the turning point of the allegations was when Obasa’s colleagues in the assembly rose in his strong defence over what they termed “false”, “malicious” and “unsubstantiated” reports against him by the notorious online medium. They challenged the online medium to provide evidence of the allegations, even as they tasked the speaker, through his lawyer, not relent in challenging the issue in court. During plenary penultimate Monday, the assembly vehemently denied that it spends N17 million monthly to maintain Obasa’s residence and guest house. The Clerk of the assembly, Mr. Azeez Sanni, said the report was aimed at portraying them in a bad light. He clarified that the sum covers various expenditure for the maintenance of the Office of the Chief of Staff, special advisers, office of the Chief Press Secretary, Special Assistant (Protocol), Special Assistant (Research and Development), Special Assistant (Women Affairs), and 15 Special Assistants engaged to attend to the growing demands and specialities of the assembly. Sanni added: As the Clerk of the House and Head of Administration, I want to say categorically to the public that this House has not had any business dealings with the mentioned companies. “I must also state that these expenditures have been in existence prior the emergence of Speaker Obasa. It is dated back to as far as 2012 when it was N27 million monthly and I have the document here to show that the
“If a contractor makes an overture to the assembly for contract bidding, it is not just what he came with but what the assembly eventually agrees. I remember in 2012, I was a member of this assembly and I remember the amount that was budgeted was N27million monthly but when Obasa emerged as Speaker he reduced it to N17 million. “I think the medium needs to be cautioned as it has shown that whatever that is giving them is published without crosschecking. Mr. Speaker, this House has the power to sue because the lies by this medium are getting too much.” The lawmaker representing Ifako Ijaiye 2, Temitope Adewale, who corroborated Olowo’s submission, stating that the online medium’s publisher was a loser who was recently accused of mismanaging his party’s campaign fund. “We don’t need to waste our time over his publication. We can explore the legal means by suing the medium,” said Adewale. The lawmaker representing Eti Osa 2, Gbolahon Yishawu, emphasised that the medium was trying to incite the public against the speaker and the assembly and that an attack on Obasa was an attack on the entire members. On his part, the Chairman, House Committee on Information, Strategy and Security, Tunde Braimoh, added that the medium did not reach out to the assembly to get their side of the story, adding that the report was malicious. Obasa clarified that the expenditure existed as far back as 2012, long before 2015 when he became Speaker, and that he had been able to trace some document to 2012, 2013, 2014. “It shows the medium and its cotravellers would not get anywhere and we are not ready to join issues with it. I agree with you that we don’t have to waste our time on it. We remain resolute,” Obasa said. For many observers, the allegations could just be a wake up call on Obasa to be aware that the seat he occupies is one that is bound to attract public attention for him to always properly conduct himself. They believe that for him not to down the way of his predecessor, Adeyemi Ikuforiji, he has jettison the defence of his colleagues and challenge the allegations in order for him to clear his name and integrity accordingly.
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FEATURES
Group Features Editor: Chiemelie Ezeobi Email chiemelie.ezeobi@thisdaylive.com, 08038901925
Boosting Personnel Welfare in the NAF Chiemelie Ezeobi writes that in its quest for an efficient and effective force, the Nigerian Air Force recently boosted the welfare of its personnel in the Lagos command
Air OďŹƒcer Commanding (AOC), Logistics Command, Air Vice Marshal Lawal Alao (middle) with Commander 041 Communication Depot, Shasha, Air Commodore Nkem Aguiyi (right) during the inauguration
The hall at NAF Secondary School, Shasha
The apartments
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or an efficient, effective and functional air force, welfare of personnel is critical and fundamental. Mindful of the key role of boosting the welfare of his men, the Chief of the Air Staff (CAS) Air Marshal Sadique Abubakar, upon on assumption of office wasted no time in carving out a vision to support his quest, “to reposition the NAF into a highly professional and disciplined force through capacity building initiatives for effective, efficient and timely employment of air power in response to Nigeria’s national security imperatives�. The vision was anchored on six key drivers and in his quest to have a professional force, the CAS had taken steps to emplace the right structure, right human capacity, right equipment holding and, more importantly, the right welfare incentives to ensure personnel are properly motivated for effective service delivery. He said, in his view, the human being is the most critical factor in any working system. Accordingly, the current NAF leadership had focused its attention on the provision of befitting accommodation as well as provision of good healthcare and educational facilities for personnel and their families. The above statement made during one of his visits to Lagos was exactly what played out again at the Logistics Command of the Nigerian Air Force (NAF) last week when the CAS inaugurated accommodations for officers and men serving at the 041 Communication Depot, Shasha and 055 NAF LEGICO Camp, Onikan to motivate them for greater efficiency. He also unveiled the refurbished tailoring factory at LEGICO barracks, a multipurpose hall at the NAF Secondary School in Shasha, as well as a golf course in Shasha too. While six-blocks of three bedroom flats
The golf course each was built to provide decent housing for married officers and their families in the barracks at Shasha, a block of 24-well furnished studio apartments was erected at LEGICO to serve as transit accommodation for Airmen and Air Women. Unveiling these projects, Abubakar, who was represented by the Air Officer Commanding (AOC), Logistics Command, Air Vice Marshal Lawal Alao, said completing the projects was testimony of the pledge he made on assumption of office in July 2015. He said: "Then, I resolved to make priority the welfare needs of NAF personnel being a
major requirement in the development of human capacity for enhance operation performance. While the service is being restructured for efficient service delivery in the last five years; there has also been series of infrastructure development aimed at improving both the working and living conditions of our personnel. "This infrastructure development range from construction of new office of all the NAF base across the country. So that it can gear the NAF personnel in a conducive atmosphere and their families live in befitting environment. "You have a responsibility to ensure adequate and sustained maintenance of the
infrastructure in all our bases. As a service, we must also strive to continuously meet and even exceed expectations of the nation at this time of heightened insecurity by protecting the citizenry and our critical assets as well as bringing succour to the despaired in the discharge of our constitutional responsibility to the nation.� He, however, advised the beneficiaries to make use of the facilities with utmost responsibility and maintenance culture. Earlier, the Commander 041 Communication Depot, Shasha, Air Commodore Nkem Aguiyi said there has been unprecedented infrastructural development in NAF establishments since the present leadership came in. He said: “There has been phenomenal improvement in operational capacity along with corresponding emplacement of necessary support section like many other units as well as bases across the country. Shasha base has benefited immensely from different projects and improving the welfare and sustaining the high moral of the NAF to effectively respond to national security imperative." Similarly, Commander 055 NAF Camp, Wing Commander Abubakar Yahaya praised the CAS for reviving the tailoring factory which will boost the production of uniforms for Airmen and Airwoman, adding that the newly built 24 by one transit studio accommodation would definitely improve the welfare and raise morale of the unit's personnel for enhanced and effective performance. He said: "CAS’ initiative and desire is making both Airmen and Airwomen of the Nigerian Air Force self reliant in the production of uniforms for the personnel. The unit has revamped and furnished its existing tailoring workshop with new sewing and modern embroidery machines.�
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IMAGES
T H I S D AY ˞ Ͱʹ˜ Ͱ͎Ͱ͎
Photo Editor ĂŒĂ“Ă™ĂŽĂ&#x;Ă˜ ÔËÖË Email Ă‹ĂŒĂ“Ă™ĂŽĂ&#x;Ă˜Ë›Ă‹Ă”Ă‹Ă–Ă‹ĚśĂžĂ’Ă“Ă?ĂŽĂ‹ĂŁĂ–Ă“Ă Ă?Ë›Ă?Ù×
Minister of State for Education, Hon Emeka Nwajuiba (left) and Publisher/Editor-in-Chief of DgovScoops.ng, Hon Duro Meseko during the inauguration of the Blog in Abuja...recently
Ekiti State Governor, Dr. Kayode Fayemi(left) and the state Comptroller of Immigration Services, Mrs. Dibia Ifeoma, during the Governor’s inspection of the new OďŹƒce Complex of the Immigration Services, in AdoEkiti......recently
L-R: Managing Director/Chief Executive OďŹƒcer, Central Securities Clearing System (CSCS) Plc, Mr. Haruna Jalo-Waziri; Director, Mr. Eric Idiahi; Chairman, Board of Director, Oscar N. Onyema; and Company Secretary, Charles Ojo, during the 26th Annual General Meeting of CSCS Plc held by Proxy, in Lagos‌recently
District Head of Makera, Mallam Shehu Tijjani (right), receiving 1000 pieces of face masks from the Director of Defence Industries Corporation of Nigeria (DICON), Maj. Gen. Victor Ezugwo, during the distribution of COVID-19 lockdown palliatives by DICON to 8 communities in Kaduna State...recently
L-R: Member, Nigerian in Diaspora Organisation (NIDO), Mr.Ray Haruna; Spaecial Assistant to Lagos State Governor on Diaspora and Foreign aairs, Mr. Jermaine Sanwo-Olu; Director, Strategy/Programmes, Organisation of Women in International Trade (OWIT), Mr. Kenny Adenugba; and member, OWIT, Dr. Regina Inem, during the donation of Covid-19 palliatives to the people of Orisunmibare Community by NIDO in Lagos recently PHOTO: ETOP UKUTT
President Mohammadu Buhari and his Immediate Family Observes the Eid-el-Fitr Celebrations prayer. at the State House. Abuja‌recently PHOTO: STATE HOUSE
Minister of Transport , Mr. Rotimi Amaechi ; Minister of Information and Culture , Mr Layi Mohammed and the Minister of state, Petroluem , Timipre Sylva brieďŹ ng the state House Correspondents shortly after the Virtual Federal Executive Council meeting held at the council Chambers of the Presidetial Villa, Abuja...recently PHOTO: GODWIN OMOIGUI
Secretary to the Governemnt of the Federatiin (SGF ) Mr. Boss Mustapha (right) and the Special Adviser to the President on Media and Publicity , Femi Adesina at the Virtual Federal Executive Council meeting held at the council Chambers of the Presidential Villa, Abuja...recently PHOTO: GODWIN OMOIGUI
T H I S D AY ˾ TUESDAY MAY 26, 2020
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PROPERTY & ENVIRONMENT Landmark Africa Group to Decontaminate IC, Unveils Village’s Reopening Strategy Bennett Oghifo
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andmark Africa Group, the promoter of Landmark Village, a high-profile business and play centre in Victoria Island, Lagos, has put systems in place to ensure the wellbeing and smooth running of all its facilities, in response to the new normal thrown up on account of the COVID-19 pandemic. Economic activities in the Landmark Village, disrupted temporarily, include the Landmark Towers, Landmark Convention Centre, Landmark Boulevard, among others. But these are expected to bounce back with the relaxation of the lockdown rules. Some tenants are said to be back. Landmark’s full reopening strategies, include planned decontamination procedures to be put in place to safeguard stakeholders and the general public who visit the village. This was the focus of a virtual press conference, with the theme
‘Working During a Pandemic–A Review of Landmark’s Preparedness’. The need to make the reopening strategies public was necessitated by Landmark’s strategic role in the work and play business, which attracts not less than 10,000 visitors daily to the village, according to the Head of Projects at Landmark Africa, Enyinna Okorafor. It was for the same reason the decontamination process of the facility was discussed, considering the fact that a 80-bed Centre for the isolation and treatment of Coronavirus patients (COVID-19) was donated at the Landmark Village in Eti Osa Local Government Area, Lagos. The standard isolation and treatment centre constructed and fitted to specification, was built on 2,500 square metres of land off the main business area and has dedicated entrance and exit gates. The isolation centre was delivered through a tripartite public-private partnership (PPP), consisting Landmark Africa, the
Lagos State government and the Young Presidents’ Association (YPO), representing various private individuals and corporate donors. It was unveiled by the Lagos State Governor, Babajide Sanwo-Olu, recently. 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. “We live in some of the turbulent and challenging times going by the health and economic crisis we are facing. Activities have been disrupted, people can’t congregate physically. We have to find a way to keep our businesses going. We have spent the last few weeks of the lockdown upgrading our facilities and we look forward to come out stronger and better,” he said. Onwuanibe said the group participated in setting up the isolation centre to give back to
the community it operates and support the efforts to flatten the curve of COVID-19. “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 said. All the protocols evoked by the Nigerian Centre for Disease Control (NCDC) would be in play at the Landmark Village, not only to keep visitors and tenants safe, but also to rebuild their confidence to ensure stressfree visits. This is regardless of the fact that the business and leisure facilities are set apart from the isolation centre. “We must make it clear that the isolation 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 are also stringent and World Health Organisation (WHO) approved decontamination measures in place both now and once the centre is de-commissioned,” Okorafor said. During the inauguration of the isolation centre, Okorafor 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 construction processes helped it deliver the project seamlessly and to ensure that it was ready for use within
the stipulated time. Landmark promoters went into partnership with Boecker Public Health Services to decontaminate the isolation centre in a safe and secure manner, using the protocol adopted during the Ebola crisis, he said. Chairman, Board of the Lagos State University Teaching Hospital (LASUTH), Dr. Richardson Ajayi said the isolation centre would be decontaminated. He said, as things stand, the decommissioning of the tents would be done by the middle of July when the COVID-19 crisis is expected to be over. Speaking during the unveiling ceremony, Sanwo-Olu lauded the parties on the level of preparedness, stating that although the state had 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.” All is set for the switch to play mode at the Hard Rock Café and other facilities at the Landmark Village.
Facility Managers Advised to Conserve Energy, Water for Better Environment Fadekemi Ajakaiye Facility managers in the country have been advised to focus on building sustainable environment by optimising energy and water, while reducing all resources that has negative impact on the environment. They should also to educate building occupants on culture that can positively impact the environment and automate all
touch points, said the Group Chief Executive Officer of Global Property & Facilities International Ltd., Dr MKO Balogun, who was the Guest Speaker, as the International Facility Management Association, Nigeria chapter performed a virtual celebration of this year’s World Facility Management Day. Balogun stated that Facility Management is a US$1.15 trillion global industry, with
over 65,000 professional and industry participants across the world. The World FM Day theme, “Celebrating Our Environment,” celebrates the significant contribution of facility management to global economy, Balogun said, and urged facility managers to turn buildings green in line modern trend. According to him, “Facility Management has successfully
integrated people, place and process within the built environment with the purpose of improving the quality of life of people and the productivity of the core business.” He said, Facility Managers, facility Engineers, Janitors, security team, IT teams in residential buildings, hospitals, government offices, and public offices should be celebrated for their sacrificial roles that they have played since the outbreak
of the dreaded disease. He also revealed that environments which are not properly managed would lead to building related diseases, such as humidification issues; chemicals and cleaning agents; fumigation and pest control concerns; moist surfaces and dampness in buildings; Air conditioning tower issues and Poor filters. Balogun also noted that COVID-19 has greatly
improved the environment, as there has been a drastic drop in the level of pollution due to human activities that negatively affects the environment such as transportation which reduced by 80%, the use of buildings and its facilities reduced by more than 60%, power utilisation, water use, waste generation and others reduced significantly due to lockdowns and restrictions of movement.
Akpoyibo Green Foundation Donates Solar Devices to Kwara Bennett Oghifo Akpoyibo Green Foundation, an arm of Asteven Energy Group, recently, donated various solar devices and systems to the Kwara State government as support towards fighting the impacts of covid-19 on school children and health care facilities. According to a statement by the Coordinator, Akpoyibo Green Foundation, Kate Bassey, the items were made up of over 1000 solar reading lamps, 100units of 20watts solar home systems and three units of solar cabinet systems. These would contribute towards increasing
energy availability to isolation and healthcare centers and also for indigent school children. Presenting the items to the state government, Dr Sunny Akpoyibo, philanthropist and founder of the Akpoyibo Green Foundation and current president of the Council For Renewable Energy Nigeria, CREN; stated that the donation was borne out of a realisation of the impact of COVID-19 on education and health and need to support efforts of the state government to combat those effects. According to Dr Akpoyibo, children were out of school,
energy access was neither constant nor, in some cases, even available, studying had become an uphill task; primary health centers were still in darkness at odd hours and even isolation centers didn’t have round the clock power! but with these reading lamps, indigent school children would be able to study at all times of the day, even at night or early dawn; healthcare and isolation centers would have a ready, rechargeable and sustainable energy source to continue offering constant healthcare services during and after this pandemic runs its course.
Deputy Governor of Kwara State, Mr. Kayode Alabi, (2nd left) receiving members of Akpoyibo Green Foundation in Ilorin…recently
Merit Abode Puts Emrald Garden City in Microsoft Outlines Steps to Drive Nigeria’s Real Estate Market Digital Transformation Forward Fadekemi Ajakaiye The Lagos and Ogun states property markets now have an addition known as Emerald Garden City Series, designed as Nigeria’s first privately owned estate that would provide the middle class with premium home luxury, comfort and security. According to a statement by the promoter, Merit Abode Nigeria Limited, a property development company, the new development is conceived to provide affordable residential properties and to create a safe haven for individuals and
families across Lagos and Ogun states, particularly for investors and aspiring home owners. The statement said the company has targeted five prime communities, including Simawa, Mowe-ofada, Ikorodu and Agbara for the mainland development and Ibeju Lekki for the Island development of the Emerald Garden City Series. Chief Executive Officer of Merit Abode, Mr. Oludotun Oseni stated that the company offers an innovative real-estate based investment solutions that intelligently and ethically leverage the current crises in
the economy, to empower investors and enable them actualised high returns in their real estate investments with low-risk exposure. He also stated that the development would be a reference point for future residential developments in the property market, adding that the company, through the Emerald Garden City Estate would make available over 100 acres of livable spaces to middle class Nigerians to build and occupy, thereby facilitating the development of over 1,000 housing units within the next 24 months.
Bennett Oghifo Microsoft has presented digital transformation as a means for social and economic development in Nigeria, and as an opportunity for every Nigerian citizen and business to achieve more. According to a statement by Microsoft, while commenting on the paper, Minister of Communications and Digital Economy, Dr Isa Ali Ibrahim (Pantami) said: “In recognising the need to focus on digitalisation of the economy as a way to foster inclusivity, growth and skills development for job creation as
well as the significant benefits in enabling government, citizens, and businesses to achieve more, we are working with Microsoft to leverage their technological expertise to enable the transformation that will allow our country to take part in the US$11.5 trillion global digital economy.” Nigeria is not only a key player in West Africa but is also the continent’s largest economy, the statement said. “The country has historically been dependent on its oil resources and the revenue received from it as a means for development and growth,
making it highly susceptible to the volatility of oil prices. There is massive potential for growth through the digital economy for Nigeria.” The country is on course to developing a robust digital ecosystem as well as infrastructural enhancements in policy and regulatory environments, the education sector and national security. This paper lays out 20 policy intervention recommendations across four policy areas that will encourage government to fully harness the opportunities presented by the Fourth Industrial Revolution, the statement said.
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COMMENT
Editor, Editorial Page PETER ISHAKA Email peter.ishaka@thisdaylive.com
COVID-19 AND THE ELDERLY
The lockdown is impacting the old and retiring very badly, writes Theodore Ihenetu
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o doubt the lockdown caused by Covid-19 had its adverse effects on individuals in the country and the elderly persons were no left out. Raphe Adultcare Center, a non-profit and charity organization which works for the spiritual, emotional, social welfare of elderly persons in Nigeria since 2014, transforming lives through social services, in their independent survey discovered that a higher percentage of the elderly are among the badly hit by the lockdown. Over 60 per cent of the elderly persons within the survey group complained of the following: degeneration of relationships with family members, particularly their own children during the lockdown as everyone out of phobia puts on a mask, practice social distancing in a bid to flatten the curve and keep the virus spread at bay; missing the healing touch of their doctors as they have been unable to meet up with their doctor’s appointments and routine check-up demand which is essential for the elderly; depression due to the fact that the traditional joint family system which was once a predominant living arrangement is fast disappearing as a result of migration, poverty, post seventies ailments, and then Covid-19; complaints that the lockdown had resulted in them losing their autonomy, self-esteem and even dignity to some extent, as they had to depend on others for their basic needs. These several complaints from the elderly have resulted in them experiencing different levels of fear and other related issues viz: interpersonal relationships souring, leaving many depressed, apprehensive, resentful and socially isolated. It is worthy to note that many older adults have died during this period of total and partial lockdown while many more are afraid to die due to the fear of corpse rejection in morgues, stemming from the overwhelming number of cadavers awaiting discharge and burial; denial or hounding health issues stemming from the fear of being left alone at the hospital or even contracting the virus while outside. It was equally observed that most older adults will prefer to go out in search of what to eat than run from the corona virus or may in turn fall victim due to hunger. Hunger, suffering and financial dependence of older adults on family members were counted as the primary reason for bitter relations, as some were highly dissatisfied due to the selfish attitude of younger family members. This has resulted in psychological loneliness, unsympathetic relationships, discriminatory behavior and rising frustration levels. The plight of the elderly person in our country especially at this period can be alleviated if the government can implement the Senior Citizens Centre Bill signed into law by President Muhammadu Buhari on 26th January, 2018 which provides for the building of senior citizens centre in the Federal Capital Territory and in states that are
HUNGER, SUFFERING AND FINANCIAL DEPENDENCE OF OLDER ADULTS ON FAMILY MEMBERS WERE COUNTED AS THE PRIMARY REASON FOR BITTER RELATIONS, AS SOME WERE HIGHLY DISSATISFIED DUE TO THE SELFISH ATTITUDE OF YOUNGER FAMILY MEMBERS
interested; which will identify the needs of senior citizens and take responsibility for creating recreational, sports, health, educational, counseling and social programs for their benefit, and in situation like this to reach out with palliatives to those who are badly hit by the lockdown. To further make their life stress-free, it would be highly appreciated if their pension allowances are paid regularly in addition to saving them the stress of regular verifications. Aging as it is has its own challenges and health- related issues ranging from dementia, Alzheimer’s, lack of mobility and blindness which when added to anxiety, sleeplessness, lack of appetite and lack of physical activity as experienced as a result of the lockdown has added to their critical health challenges. In our bid to alleviate the pains experienced by the elderly during the lockdown some of our activities during this critical period of Covid-19 pandemic included community and church sensitization on the need to support and help elderly persons stay safe; distribution of free face masks and palliatives to cushion the effect of the lockdown on the elderly while our other services include the training that provides care givers and volunteers working in Adult Day Care Centers dementia awareness and care, first aid, health and safety, incontinence care, hydration, food and hygiene, manual handling and palliative care. Raphe Adultcare Center observed with a sense of pity that older adults find themselves always at the receiving end. Those who are living alone have practical problems, and those who are living with families have psychological issues. Many older adults were susceptible to depression due to lack of assured medical, emotional and financial support, social interaction, lack of independence and self-respect. It is time for the government to announce packages for the elderly, guaranteed subsidies and loans, waiver for businesses focused on senior citizens, which take care of their food, accommodation and medical needs, as well as set up emergency care units specifically for elderly Covid-19 patients. It is equally time for religious institutions to be more practical in their preaching and teachings, for financial institutions to make non-investment generous donations; for NGOs to leave the big cities and move down to the rural communities to see the enormity of human suffering and frustration, for the wealthy and philanthropic Nigerians to consider donating to institutions and organization that are directly working for vulnerable groups in Nigeria at this most critical period. Let us go down to meet the poor and needy Nigerians who are looking upwards asking; when will things be normal again? Rev. Fr. Ihenetu is Director, Raphe Adultcare Center, UNN
TEARS OF A BROKEN MOTHER Ă’Ă?Ă˜ ĂĄĂ“Ă–Ă– Ă?Ă‹Ă’ Ă’Ă‹ĂœĂ“ĂŒĂ&#x; ĂœĂ?Ă‘Ă‹Ă“Ă˜ Ă?ĂœĂ?Ă?ÎÙ×ˣ Ă‹Ă?Ă•Ă? Alex Enemanna
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he prolonged incarceration of Leah Sharibu in the den of Islamic State West African Province (ISWAP), a faction of Boko Haram since February 19, 2018 no doubt casts aspersions and raises questions of responsibility on the government whose duty starts and ends with the security and welfare of the people. Of the 110 abductees, Leah Sharibu is the only surviving Dachi, Yobe schoolgirl yet to breathe the air of freedom for refusing to renounce her Christian faith and embrace Islam. Even as the Buhari administration has from onset continued to feast on over-bloated ego and self-acclaimed excellence, acting as if its accession in 2015 is a favour rather than service to the people, the entire essence of good governance since beginning of the year seems to have been totally subsumed by conversation on the novel coronavirus. While this is understandable considering the harvest of deaths recorded across the globe since the disease struck, which runs in hundreds of thousands, leaving the big brother nations visibly shaky and trembling, relegating the business of leadership to the backseat in a country like Nigeria with prewired variegated societal challenges at such a time could be catastrophic. Incidentally, May 14 this year which marked the 17th birthday of Leah, the third since her abduction did not come without a plea from her troubled and heartbroken mother, Rebecca Sharibu: “All that matters now is the safe arrival of my precious Leah,� she said. The agony of searching for one’s pet without a clue on its whereabouts could be troubling. A livestock keeper regales in restlessness and unease when frantic efforts to recover a missing animal yield no result. Who can quantify
madam Rebecca’s agony when on daily basis she continues to feed on awry tales about her daughter, her beloved treasure who gradually is nearing age of maturity? How would she cope with the trauma of uncertainty that on daily basis becloud her daughter’s life in a land surrounded by gun-toting and blood-thirsty terrorists? Like the biblical Rachel, she wets her pillow with fiery tears of misery day and night, refusing to be consoled. Each day of the last two and half years brings a new wave of gloom, depression and sadness, with no scintilla of idea when the end will come. As a devout Christian, her only companion is prayer and hope, believing that a day will come when God’s grace will prevail and the government move from promises to action and reunite her with her daughter. Interestingly, with stories flying around about the motherhood status of the teenage Leah Sharibu, her lovely mother Rebecca has accepted her fate, ready to receive her even in the most fragile condition. Frustrated and depressed, she is willing to walk the route of accepting Boko Haram members as in-laws only if they let go of her daughter and end her years of darkness. “You may call him an outlaw, but to me, her husband will be my son. I will take and treat him as an in-law,� says the distraught Rebecca in a recent interaction with newsmen. Instructively, in a society where the sensitiveness of religion has continually widened the lines of sentiment among us, Leah’s incarceration has attracted variety of interpretations, including those who believe that she has been abandoned to her fate on the account of her faith. The umbrella body of Christians in the country, Christian Association of Nigeria (CAN)
has grabbed every opportunity with two hands to slam the government, accusing it of insensitivity and lackluster attitude towards securing the release of one of their own. It is difficult to successfully extricate CAN’s stand from the reality on ground especially at a time when the authorities pontificate to have “tactically� won the war against terror while hundreds of our patriots grasp for the air of freedom from the fangs of the insurgents. At a time like this, no amount of sugarcoated promises and presidential telephone conversation is enough to douse the emotional torture of the Sharibus. Their loss of confidence is birthed by chains of unfulfilled assurances of the government to rescue their daughter. The news of close contact and constant communication between federal authorities and Leah’s abductors is senseless to the family if such does not translate to their daughter’s freedom. Two years and counting are tortuously agonising long a time for government’s promises to move from being fulfilled in the breach to bond. Sadly, sister Leah is just a reference point to legion of others who are in one form of slavery or the other across the country. On daily basis, our people are being abducted for criminal intents including ransom payment, sexual exploitation, forced labour and others. Gratifyingly, the recent conviction of Yinusa Dahiru to 26 years imprisonment by Justice Jane Inyang of Federal High Court Yenagoa for abducting and forcefully converting Bayelsa teenager, Ese Oruru to Islam in 2015 sends a message to all those in the business taking people against their wish for nefarious and reprehensible purposes that it will no more be business as usual. This also is a bitter reminder of how much unfairly our society has treated the girl child and indeed the boy child. Some politically
exposed individuals who have committed more heinous crimes against our innocent young girls including those who are ready to have them at tender 13 still walk the streets as VIPs. The arm of the law is usually shorter to catch up with such individuals on the account of the influence they wield. Who is not concerned about the way and manner almajiri children are being exported from one state to another like tubers of yam by those who use them to fester their political nests during electioneering periods? The massive support and solidarity shown to the family of Nathan Sharibu from across the world and Nigeria particularly is heartwarming. The saying that injustice to one is injustice to all has manifestly come to fore in the case of Leah. As it stands, she is not seen in the narrow prism of her biological parenthood of Nathan and Rebecca Sharibu but a daughter, sister and friend of all those who are united in the common front of demand for her freedom. The government cannot continue in this game of “I have rescued more girls than previous administration�. It is vexatious and provocative. If there was no problem on ground, Nigerians wouldn’t have demanded for a change of government. Buhari cannot afford to fritter the goodwill that ushered him to power with failure to make insurgency a thing of the past in Nigeria. Motivation of the troops, modern military hardware and leadership are the heart of winning the war. Any effort committed to this and indeed freedom of Leah Sharibu and other captives including the remnant of Chibok schoolgirls will not be a waste. Until then, the onus still rests on the government to ensure the security of citizens even in the midst of COVID-19 pandemic. Enemanna is an Abuja-based journalist
15
T H I S D AY ˾ TUESDAY, MAY 26, 2020
EDITORIAL BETWEEN CUSTOMS AND THE LAW Personnel of the Nigeria Customs Service should act within the law
F
requent travellers in the country heaved a sigh of relief with the recent judgement of the Federal High Court, Abuja curtailing the powers of the Nigeria Customs Services (NCS) to collect duties on personal effects. It was in response to the arbitrariness with which customs operatives at the airports treated incoming passengers with personal luggage. But while it is gratifying that someone decided to stand up to the NCS officials who are daily abusing their powers at the airports, no one should expect the high court judgement to end the controversy on payment of duties on personal effects. Not surprisingly, the NCS has filed an appeal at the Court of Appeal in Abuja. They are likely to ask for a stay of execution of the judgement pending the determination of the appeal. While the judgment appears explicit, the devil is always in the details. It appears to be saying that the only instance in which officers of the NCS can lawfully demand and collect import duty from anyone in respect of goods/personal effects found in their IMPUNITY REIGNS AMONG baggage is where CUSTOMS’ OFFICIALS they can establish BECAUSE THEY DO that the said goods/ NOT BELIEVE THEY personal effects are meant for sale, ARE ACCOUNTABLE TO barter or exchange. ANYBODY. THIS HAS TO The judge specifiCHANGE cally interpreted the provisions of Section 8 of the Customs, Excise Tariff, etc. (Consolidation) Act and the 2nd Schedule to the Customs, Excise Tariff, etc., (Consolidation) Act and took the view that the following goods are exempted from import duty and other related charges: goods contained in a passenger’s baggage provided that the said goods are not intended for sale, barter or exchange; and personal and household effects. On paper, the judgement appears to be very straight forward. In reality, however, it is complicated. How will NCS officials determine goods that are meant for
sale, barter or exchange? In a country where public officials run boutiques, distinguishing between what is meant for sale or personal use won’t be easy. Meanwhile, it is also debatable whether the onus to prove that the imported personal effects are not meant for sale, barter or exchange should be placed on the NCS (as the judge has done) or the persons who imported the items. These are some of the recondite issues that will be thrashed out on appeal.
T 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 foregoing notwithstanding, the judgment is a welcome development. If anything, it has shown quite clearly that operatives of the NCS cannot continue to behave as if they were above the law. But we have not heard the last of this matter. When air travelling resumes, it will be interesting to find out what happens. The situation is not helped by the fact that President Muhammadu Buhari appointed a retired military man to head the institution. In rhetoric and conduct, Col. Ahmed Ali (rtd) has behaved in a manner that suggests he has no regard for extant regulations and procedures. Customs officials seem to be taking a cue from his conduct. Meanwhile, there is an urgent need for training and retraining of the NCS personnel. They have to learn public relations and stop bullying travellers. Elsewhere, customs officials will inform citizens of your rights and how to challenge their decisions on appeal. In Nigeria, a customs official will shout at travellers and threaten, ‘if you like, you can call (President) Buhari’ and then cynically trample on their rights. Impunity reigns among customs’ officials because they do not believe they are accountable to anybody. This has to change. There is also a need for transparency. The opaque system under which the NCS operates encourages arbitrariness and this in turn leads to corruption. We therefore urge the presidency to step in and rein in the impulse for lawlessness that seems to have become a tradition in the Nigeria Customs Service in recent years.
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Letters to the Editor
Can Africa Rescue The World?
I
n an interview granted by the world’s former wealthiest man who held that position for close to two decades, Bill Gates attributed his mind-blowing success to the environment that he was born into. He doubted if he would have been a runaway success if he had been born and raised outside American soil. The African continent as a whole seems to be a cursed one as many of its inhabitants perform ground breaking feats outside its shores. Many were even rejected back home and were only validated when they left in frustration and anger. We recall the cases of the late Dr. Jeremiah Abalaka who claimed to have found the cure of HIV/AIDS. The government didn’t give him a listening ear till he joined his ancestors. The inventor of the yam pounder was also a Nigerian scientist who got frustrated and sold his invention to the Japanese. Now the same government that ignored him massively imports it from his newly adopted country. I can go on and on to say how the continent has been shortchanged because of its harsh attitude towards innovations and scientific breakthroughs. The latest news making the invention rounds is the herbal drug named Covid-Organics (CVO) made by some scientists from Madagascar. The scientists got critical support from the government and the President Andry Rajoelina openly boasted that his country was ready to export it to the rest of the world. The cold world didn’t greet his enthusiasm by opening their arms towards the labour of love by his countrymen. There
was widespread skepticism especially from the World Health Organization (WHO) who was extremely cynical about the cure. WHO even went on to say that the Covid-19 battle wouldn’t be won this year as the virus was going to be around for a long time. The body language of scientists the world over was downright contempt with the caveat ‘Can anything good come out of Africa?’ WHO never failed to sound the warning bells that the drug hadn’t yet gone through any form of clinical trials and as such the veracity of it was suspect. Some optimists were very happy that the death rate in Madagascar was zero and expressed delight in the bid of the country to export the drug. A few days after the tiny African nation recorded two deaths. The music didn’t change as they still touted the efficacy of the drug as the new messiah for those desirous of having a Covid 19 free world. I will be as objective as I can without any needless sentiments because of my African origin. While a part of me is crying to the high Heavens to emphatize with my African brothers, another – the voice of reason tells me that the ‘wonder drug’ from our African brother should be made to go through rigorous tests by countries who desire to purchase it. It is human lives we are talking about here and so it is necessary for the drugs to still undergo more tests before they are considered fit for human consumption. We mustn’t allow our hearts to rule our heads and there is the critical need for emotional intelligence here.
World leaders have been known to reel out controversial solutions to nagging global challenges. We recall that the erstwhile President of The Gambia, Yahya Jammeh said he had the cure for HIV/AIDS and the current United States President, Donald Trump said chloroquine could permanently keep the Covid-19 at bay. I commend the President Muhammadu Buhari-led government for purchasing some and first subjecting them to more clinical trials locally before administering them to the general public. We should be our brother’s keeper if indeed the drug is said to have all the curative attributes that its promoters say it has. Our solidarity shouldn’t stop at merely being members of the African Union as we should massively support it and do the best we can to ensure that it goes far beyond the shores of Madagascar. African nations should use this pandemic to critically look inwards especially as we have the largest collection of herbs in the world. Researchers and scientists should be encouraged to find the cure through the use of herbs which have fewer side effects when compared to western medicine. We should stop the colonial mentality of outsourcing our brains to the west when we can provide a home-grown solution to this pandemic and in the process generate revenue for our efforts. The world has transited into a knowledge economy and it is high time Africa keyed into it in order not to be left behind. Tony Ademiluyi, Lagos
16
TUESDAY MAY 26, 2020 •T H I S D AY
A
WEEKLY PULLOUT
Speaker, House of Representatives Hon. Femi Gbajabiamila
26.05.2020
CID BILL 2020: IN WHOSE INTEREST?
2/
26.05.2020
When the Law Is the Law Technical Justice v Substantive Justice
read and listened to the various comIthehave ments and analysis by our colleagues on recent decision handed down by the
Supreme Court, in the case of Ude Jones Udeogu v FRN, Orji Uzor Kalu & Slok Nigeria Limited S.C.622C/2019 (Kalu case), in which Section 396(7) of the Administration of Criminal Justice Act 2015 (ACJA) was declared null and void by virtue of Section 1(3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) (the Constitution), for being inconsistent with the Constitution, particularly Section 290(1) thereof. Though the judgement has raised several legal issues, in my opinion the decision of the Supreme Court in this case is sound, at least with regard to the QXOOLĂ€FDWLRQ RI 6HFWLRQ RI WKH $&-$ taking the provisions of the Constitution into consideration. I must disagree with those who have DOOHJHG WKDW WKH $SH[ &RXUW VDFULĂ€FHG substantive justice on the altar of technical justice, in this case. The Kalu case is easily distinguishable from that of Adegboyega Oyetola v Ademola Adeleke for example, where the same allegation of technical justice was levelled against the Supreme Court for nullifying the decision of the Electoral Tribunal, due to the fact that the Judge who read the lead judgement failed to sign the register on a day that important oral evidence was taken, meaning that he was absent from the proceedings that day. While some see the issue of the absence of the Judge at one sitting as being a constitutional issue, because they argue that, for that particular day the Tribunal was not properly constituted, many others like my humble self believe that, at EHVW WKH -XGJH¡V DEVHQFH PD\ EH FODVVLĂ€HG as an irregularity, while the issue in Kalu’s case is more importantly about jurisdiction, which is fundamental and goes to the root of the case. Jurisdiction It is trite law that, jurisdiction is the life blood of a case, without which a case is dead. No matter how well-tried a matter is, without the requisite jurisdiction, the whole proceedings are null and void ab initio. The locus classicus of Madukolu v Nkemdilim 1962 2 S.C.N.L.R 341 elucidated the ingredients of jurisdiction of a court inter alia, thus: “.....it is properly constituted with UHVSHFW WR WKH QXPEHU DQG TXDOLĂ€FDWLRQ RI its membershipâ€?. The pertinent question to ask at this juncture, is, whether the Federal High Court (FHC) with Honourable Justice M.B. Idris, JCA sitting as a FHC Judge, was properly constituted to continue to hear Kalu’s case which was a criminal part-heard matter, vis-a-vis the provisions of Sections 253 and 290(1) of the Constitution, even though the President of the Court of Appeal via Section 396(7) of the ACJA, sought to cloak him with the requisite jurisdiction. The answer is No!
(as she then was) and Section 396(7) of the ACJA had the power to confer the requisite jurisdiction on Justice Idris to return to the )+& WR Ă€QLVK .DOX¡V FDVH DQG WKDW EHFDXVH Orji Kalu’s counsel had applied that Justice ,GULV EH JLYHQ WKH Ă€DW WR FRPSOHWH WKH PDWWHU and other counsel did not seem to object to the application, this also conferred jurisdiction on Justice Idris. The answer to this question, is also an emphatic No! Parties to an action do not have any power whatsoever to confer jurisdiction on a court, whether they agree to or not. In Obasanjo v Yusuf S.C.193/2003 2004 9 N.W.L.R. Part 877 Page 144 at 213 Niki Tobi JSC stated inter alia that: “Jurisdiction is a very hard matter of law which is donated by the Constitution and the enabling statute. It is also a very sensitive matter in the judicial process.....Courts of law must always bow to the Constitution, and the enabling statuteâ€?. I submit that, neither Justice Bulkachuwa, nor Section 396(7) of the ACJA are the Constitution (or the enabling statute) which are empowered to confer jurisdiction on Justice Idris to complete Kalu’s matter at the FHC. Even if it was possible for the head of the court to confer such jurisdiction on a Judge, surely in this case, it would have been the Chief Judge of the FHC, and not the President of the Court of Appeal, for obvious reasons. Appeal Courts Sitting as Trial Courts With due respect to Learned Senior Advocate, Femi Falana’s argument that Sections 15 and 22 of the Court of Appeal Act and Supreme Court Act respectively, empower both courts to sit like a trial court as if the matter had been instituted there, thereby allowing WKHP WR UHKHDU D PDWWHU OLNH D FRXUW RI Ă€UVW instance, there is merit in the assertion that the Supreme Court could have chosen to rehear the matter, especially in the interest of justice, seeing as “justice delayed is justice deniedâ€?, and this matter had lingered for well over a decade. Possibly, this may be one panacea to the conundarum which the QXOOLĂ€FDWLRQ RI 6HFWLRQ RI WKH $&-$ has caused - for the Court of Appeal or the Supreme Court, to rehear such matters when they are faced with them. However, I disagree with the Learned Senior Advocate’s further assertion that, since it is constitutional for appeal courts to rehear PDWWHUV OLNH D FRXUW RI Ă€UVW LQVWDQFH ZK\ should it be unconstitutional for a Justice of the Court of Appeal to return as a High Court Judge to complete a part-heard matter. For starters, aside from the power of original jurisdiction given to the Supreme Court to the exclusion of any other court by Section 232 of the Constitution, to adjudicate “....in any dispute between the Federation and a State or between States, if and in so far as that dispute involves any question (whether of law or fact) on which the existence or
Section 253 of the Constitution provides that the FHC shall be duly constituted, if it consists of at least one Judge of that court. Someone then posed this question - would the FHC have been duly constituted, if a sitting FHC Judge had sat alongside Justice ,GULV WR IXOĂ€O WKLV SUH FRQGLWLRQ" :KDW GR \RX WKLQN P\ OHDUQHG FROOHDJXHV" %\ YLUWXH of Section 290(1) of the Constitution and WKH 2DWK RI 2΀FH ZKLFK -XVWLFH ,GULV WRRN on 22/6/19, he ceased to be a FHC Judge, having become a Justice of the Court of $SSHDO WKHUHE\ IDLOLQJ WR IXOĂ€O WKH FRQGLWLRQ set out in Section 253. It is also trite that, the Constitution cannot be amended by means of the provisions of a statute; it can only be amended following the process adumbrated in its Section 9. Vol 10 Halabury’s Law of England 4th (GLWLRQ 3DUDJUDSK 3DJH GHĂ€QHV jurisdiction inter alia as: “......the authority which a court has to decide matters that are litigated before it......â€?. National Bank v Shoyoye 5 S.C. Page 181 at 191; Gafar v Government, Kwara State 2007 4 N.W.L.R. Part 1024 Page 375 at 411. The next question to ask, is whether Hon. Justice Zainab Bulkachuwa, President of the Court of Appeal
Senator Orji Uzor Kalu
extent of a legal right depends�, the cases which can be re-heard like a trial court by these appeal courts are appeals brought before them from the lower courts, not fresh matters. In Kalu’s case, Justice Idris, -&$ ZDV VLWWLQJ DV D FRXUW RI ÀUVW LQVWDQFH not re-hearing a matter brought on appeal. With all due respect to the Learned Senior Advocate, the role played by Justice Idris, -&$ LQ .DOX¡V FDVH LV GLͿHUHQW IURP WKDW provided for in Section 15 of the Court of Appeal Act. Conclusion It is obvious that, though Section 396(7) of ACJA is a good initiative towards meeting the ends of justice as swiftly as possible, a constitutional amendment to accommodate its provisions is probably the most viable option going forward, even more so than allowing Judges to complete all their criminal part-heard matters before they take their QHZ 2DWK RI 2΀FH ,W LV WLGLHU $V IRU RXU colleagues who have argued that, it is unjust IRU 2UML .DOX DQG KLV FR 'HIHQGDQWV WR EHQHÀW from their application which was based on a law that has now been adjudged to be unconstitutional by the Apex Court (a fact which some claim may have been known to them before the application was made), take FRQVRODWLRQ LQ WKH IDFW WKDW VXFK EHQHÀW respite need not be permanent if the matter is dispensed with speedily, once it is started de novo. Unfortunately, it will not be heard at the Lagos High Court, where with the quantum of funds involved, would have TXDOLÀHG WKH PDWWHU WR EH SXW RQ WKH )DVW track. However, hopefully, with many eyes on this case, it will not be allowed to drag on as it did previously. Lucky Orji Kalu, for now anyway! With 6HFWLRQ RI WKH $&-$ EHLQJ QXOOLÀHG WKHUHE\ YRLGLQJ WKH ÀUVW WULDO KH VKRXOG KDYH been released from the Correctional Centre by now. By this judgement, he has been returned to the position of a Defendant/ Accused Person/Suspect. By virtue of Section 36(5) of the Constitution, he is innocent until SURYHQ JXLOW\ SOXV WKH RͿHQFHV KH VWDQGV DFFXVHG RI DUH EDLODEOH RͿHQFHV 7KH ODZ is the law!
“...... THOUGH SECTION 396(7) OF ACJA IS A GOOD INITIATIVE TOWARDS MEETING THE ENDS OF JUSTICE AS SWIFTLY AS POSSIBLE, A CONSTITUTIONAL AMENDMENT TO ACCOMMODATE ITS PROVISIONS IS PROBABLY THE MOST VIABLE OPTION
P.S.: Covid 19 Update As the numbers of those infected with the Covid-19 virus continues to rise in Nigeria (and the deaths increase), I was astounded that some Governors believe that playing to certain galleries and allowing public worship at this time, is the best way to secure the welfare of the people of their States. Last Thursday, I watched in amazement, the absurd submissions of Hon. Ado Doguwa, the Chief Whip of the House of Representatives (also representing a Kano constituency), seeking to justify the questionable decision of Kano State Government to permit our Muslim brethren to observe Jumat prayers and prayers to mark the end of the holy
month of Ramadan, publicly, even though His Eminence, the Sultan of Sokoto, the spiritual leader of Muslims in Nigeria, directed that Muslims should pray at home. One of the reasons Hon. Doguwa gave for Kano State Government’s decision, was that apart from consulting with the religious leaders of the State who gave their approval for public worship during the Sallah weekend, Kano people do not joke with their faith! My question to Hon. Doguwa is, who is it that jokes with WKHLU IDLWK" /DJRV RU 6RNRWR SHRSOH" ,I \RXU child throws a tantrum, asking to put his/ KHU KDQG LQ Ă€UH ZRXOG \RX DOORZ" :KLOH REYLRXVO\ IDLWK DQG SUD\HUV DUH EHQHĂ€FLDO and not harmful like putting one’s hand in Ă€UH SXEOLF ZRUVKLS DQG JDWKHULQJV JHQHUDOO\ are not advisable presently, because we are faced with a highly contagious, deadly virus which has not been fully understood, and does not seem to have a universal cure for no. We must exercise caution for the greater good of our people, as this pandemic is a matter of life and death - it is only those who are alive, that can pray. “Abo oro nt’omo luabi. To ba de nu e, a d’odindiâ€? (a word is enough for the wise).
LAW REPORT/3
Trial Court Setting Aside Judgement delivered after taking Plaintiff’s Evidence
T Facts
which in this case lies in Order 9 Rule 42 (2) & (3) of the High Court (Civil Procedure Rules) of Anambra State, 1988. The Apex Court held that, the appropriate Rule of Court was Order 9 Rule 42 (2) & (3) of the High Court (Civil Procedure Rules) of Anambra State 1988 which JLYHV D GD\ SHULRG ZLWKLQ ZKLFK D SHUVRQ DͿHFWHG by a judgement delivered where the Defendant fails to ÀOH D GHIHQFH PD\ WDNH VWHSV WR VHW DVLGH WKH MXGJHPHQW
he Appellants instituted an action for recovery of the sum of N12 million Naira, owed to them by the Respondents for the rehabilitation of roads, repairs of Local Government bulldozers and vandalised transformers. On an application by the Appellants, the matter was set down for hearing in default of defence, as the court record showed a prima facie evidence of service of the originating processes on the Respondents. At the hearing, the pre-action notice and hearing notices purportedly served on the Respondents were put in evidence. The trial court took further evidence, and considering the unchallenged evidence of PW1 and the address by counsel for the Appellants, the court delivered judgement in favour of the Appellants. Over four months later, when the Appellant sought to enforce the judgement by way of garnishee proceedings, the Respondents got to know about the judgement. They applied to have the judgement set aside as a default judgement, and the judgement was set aside on the ground that the originating processes and the pre-action notice were not served on the Respondents. Aggrieved by the decision of the trial court, the Appellant unsuccessfully appealed to the Court of Appeal, and this led to a further appeal to the Supreme Court. Issues for Determination In resolving the appeal, the Supreme Court considered the following issues for determination: 1. Whether the Court of Appeal was right in holding that the applicable rule of court in the application to set aside the default judgement of the trial court is Order 26 Rule 4(1) of the High Court (Civil Procedure) Rules of Anambra State 1988 and not Order 9 Rule 42(3) of the Rules. 2. Whether the Court of Appeal was right to hold that no Pre-Action Notice had been issued and served on the Respondents. 3. Whether the Court of Appeal was right in holding that the parties were disentitled from addressing the court on an issue raised suo motu by the trial court, about the DOOHJHG PXWLODWLRQ RI WKH EDLOLͿ¡V D΀GDYLW RI VHUYLFH
Further, the Supreme Court found that the trial court delivered its judgement which was termed “default judgement� under Order 26 Rule 4(1) of the High Court (Civil Procedure) Rules of Anambra State 1988, even when it was obvious that evidence was taken. Their Lordships held that “the trial court having taken the evidence of PW1 before it gave its judgement, cannot be termed a default judgement. It was a judgement on its merit, that is only appealable to the intermediate court. The trial FRXUW ZDV WKHUHIRUH IXQFWXV R΀FLR WR KDYH HQWHUWDLQHG an application to set aside its judgement even on the face of apparent lack of jurisdiction, when leave for extension of time was not sought�.
Honourable Uwani Musa Abba Aji, JSC
In the Supreme Court of Nigeria Holden at Abuja On Friday, the 10th day of January, 2020 Before Their Lordships
Kudirat Motonmori Olatokunbo Kekere-Ekun Chima Centus Nweze Amiru Sanusi Ejembi Eko Uwani Musa Abba Aji Justices, Supreme Court SC.95/2007 Between 1. Noclink Ventures Ltd 2. Mr. Joseph Onyebu‌ ‌ ‌ ‌ ‌ ‌ ‌Appellants And
Arguments $UJXLQJ WKH ÀUVW LVVXH WKH $SSHOODQWV FRQWHQGHG WKDW WKH applicable Rule of Court is Order 9 Rule 42(2) and (3) of the High Court of Anambra State (Civil Procedure) Rules, 1988. Order 9 Rule 42(2) and (3) of the Rules provides that ZKHUH D 'HIHQGDQW IDLOV WR ÀOH D 6WDWHPHQW RI 'HIHQFH DQG judgement is delivered on the face of the Statement of Claim ZLWK HYLGHQFH WDNHQ ZKHUH GDPDJHV LV FODLPHG DQ DͿHFWHG party can apply within thirty (30) days of the judgement to have the judgement reversed or varied. The Respondents on the other hand contended that the applicable Rule is Order 26 Rule 4(1) of the High Court of Anambra State (Civil Procedure) Rules, 1988. This Rule allows a party WR ÀOH DQ DSSOLFDWLRQ WR VHW DVLGH DQ\ SURFHHGLQJV VWHS taken in a proceedings, document, judgement or order for irregularity within a reasonable time, and before the party applying has taken any fresh steps upon becoming aware of the irregularity. On the second issue, the Appellants contended that the Court of Appeal was wrong to have held that no pre-action notice was served on the Respondents, as there was evidence that same was issued and served on the Respondents. The Respondents on the other hand, contested the service of the pre-action notice on them. Submitting on the third issue, the Appellants argued that the trial court raised the issue of the mutilation of the %DLOLͿ¡V D΀GDYLW RI VHUYLFH VXR PRWX DQG GLVHQWLWOHG WKHP from addressing it on the issue. Court’s Judgement and Rationale ,Q GHWHUPLQLQJ WKH ÀUVW LVVXH WKH 6XSUHPH &RXUW RSLQHG that a court has an inherent jurisdiction to set aside its own judgement, where the conditions for doing same
1. Chief Okey Muo Aroh 2. Idemili North Local Government ‌ ‌ ‌Respondents (Lead Judgement delivered by Honourable Uwani Musa Abba Aji, JSC)
are met by an applicant. Further, the Court stated that, RQFH D WULDO FRXUW KDV WDNHQ HYLGHQFH IURP D 3ODLQWLͿ¡V witness before delivering its judgement, the judgement cannot be termed a default judgement. Also, the court cannot assume the status of an appellate court over its own decision except there is a statutory power to do so,
“THE TRIAL COURT, HAVING TAKEN THE EVIDENCE OF PW1 BEFORE IT GAVE ITS JUDGEMENT, CANNOT BE TERMED A DEFAULT JUDGEMENT. IT WAS A JUDGEMENT ON ITS MERIT, THAT IS, ONLY APPEALABLE TO THE INTERMEDIATE COURT. THE TRIAL COURT WAS THEREFORE, FUNCTUS OFFICIO TO HAVE ENTERTAINED AN APPLICATION TO SET ASIDE ITS JUDGEMENT.....�
The Apex Court also found that the 2nd Respondent ÀOHG DQ DSSOLFDWLRQ WR VHW DVLGH WKH MXGJHPHQW DIWHU WKUHH months, and same was granted by the trial court, contrary to the provisions of Order 9 rule 42(2) and (3) of the High Court (Civil Procedure) Rules of Anambra State 1988, which provides for a thirty day period within which to apply to court to have the judgement set aside. The 2nd Respondent having not sought or obtained the leave of court, the jurisdiction of the trial court to set aside the judgement was not activated, and anything done by the trial court without jurisdiction is a nullity. The situation is akin to where DQ $SSOLFDQW ZLVKLQJ WR DSSHDO ÀOHG DQ DSSOLFDWLRQ WR appeal out of time, without praying for enlargement of time to appeal – SANUSI v AYOOLA & ORS (1992) LPELR-3009(SC). On the second issue, the Apex Court held that, service of pre-action notice is a jurisdictional issue, where it is a requirement of the law. Non-service of a pre-action notice is an irregularity which puts the jurisdiction of a court on hold pending compliance with the pre-condition, except where it is a statutory requirement, in which case, an action commenced without it is a nullity – NIGERCARE DEVELOPMENT CO. LTD v ADAMAWA STATE WATER BOARD & ORS (2008) LPELR-1997(SC). Further, the Supreme Court held that, a party, whether a statutory body or otherwise, should not enjoy the right and protection of pre-action notice, where it is shown that he has failed in his own part of the responsibility and duty to the creditor or where he is at fault - UGWUANYI v NICON INSURANCE PLC (2013) LPELR-20092 (SC). Their Lordships concluded that the instant case, being one for breach of contract, claims for work and labour done, cannot be defeated by lack of pre-action notice, as the rights of the Respondents for pre-action notice cannot be founded on this genre or category of action. Deciding the third issue, the Apex Court held that no court has jurisdiction to raise an issue suo motu and unilaterally resolve it in its judgement, without hearing the parties; otherwise, the court will be in breach of the principle of fair hearing - LEADERS & COMPANY LTD & ANOR v BAMAIYI (2010) LPELR-1771 (SC). The court held further WKDW WKH &RXUW RI $SSHDO D΀UPLQJ WKH GHFLVLRQ RI WKH trial court which raised the issue of improper service of pre-action notice suo motu without giving the Appellants an opportunity to be heard, had clearly violated their rights to fair hearing, which occasioned a miscarriage of justice to them. Appeal Allowed; Cross-Appeal Dismissed. Representation Chuma Oguejiofor, Esq. for the Appellants. Clement N. Nwoye, Esq. for the Respondents. Reported by Optimum Publishers Limited, Publishers of the Nigerian Monthly Law Reports (NMLR)
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CID Bill 2020: In The Governors are apprehensive, Youths are warming up for a confrontation, some Nigerians, including former lawmakers, are in court; all in a strenuous effort to stop the passage of one of the most controversial pieces of legislation, in Nigeria’s nascent democracy. The controversial Control of Infectious Diseases Bill 2020, since it was conceptualised, has attracted all manner of criticism and conspiracy theories. While some seem to be sceptical about whom the sponsors of the Bill may be and their reasons for doing so, others think it is simply a cheap plagiarism of the Singapore Infectious Disease Bill of 1977. Whatever it is, Femi Falana, SAN and Sam Omotoso dissect the proposed law, and examine some of its possible resultant effects on the larger Nigerian populace
The Infectious Disease Control Bill is Superuous Femi Falana, SAN
T
The NCDC Act 2018: Functions of the NCDC he House of Representatives is currently toying with the idea of passing the Control of Infectious Disease Bill 2020, that purports to repeal and replace the Quarantine Act. The Bill hurriedly passed the ÀUVW DQG VHFRQG UHDGLQJ WKH GD\ it was introduced in the House. But, based on popular opposition to the Bill the House of Representatives has resolved to conduct a public hearing on it. With respect to the OHDGHUVKLS RI WKH +RXVH WKH %LOO LV VXSHUà XRXV illegal and unconstitutional. No doubt, the Quarantine Act is a colonial law that ought to have been discarded and replaced. But, the Nigeria Centre for Disease Control Act which was enacted in November 2018, has established the NCDC and empowered the body to lead the preparedness, detection and response to infectious disease outbreaks and public health emergencies throughout the country. The principal duties of the NCDC are as follows: "To protect the health of Nigerians through evidence based prevention, integrated disease surveillance and response activities, using a one health approach, guided by research and led by a skilled workforce". Pursuant to Section 3 of the NCDC Act, the principal functions of the NCDC include: ‡ 3UHYHQW GHWHFW DQG FRQWURO GLVHDVHV RI public health importance. ‡ &RRUGLQDWH VXUYHLOODQFH V\VWHPV WR FROOHFW analyse and interpret data on diseases of public health importance. ‡ 6XSSRUW 6WDWHV LQ UHVSRQGLQJ WR VPDOO outbreaks, and lead the response to large disease outbreaks. ‡ 'HYHORS DQG PDLQWDLQ D QHWZRUN RI UHIHUHQFH and specialised laboratories. ‡ &RQGXFW FROODWH V\QWKHVLVH DQG GLVVHPLQDWH public health research to inform policy. ‡ /HDG 1LJHULD¡V HQJDJHPHQW ZLWK WKH international community on diseases of public health relevance. In reacting to the enactment of the law at the material time, the Director General of the NCDC said that: "The NCDC Act gives us the full legal mandate to continue this function, FRQWULEXWLQJ HͿHFWLYHO\ WR JOREDO KHDOWK VHFXULW\ Among other things, the NCDC Act also spells out our responsibility in surveillance, outbreak response, developing a network of public health laboratories and coordinating the training of ÀHOG HSLGHPLRORJLVWV Curiously, the Control of Infectious Disease Bill is silent on the NCDC Act, while seeking
Hon. Femi Gbajabiamila
to amend the 1926 Quarantine Act. In spite of its shortcomings, the Quarantine Act has been invoked by political leaders to issue guidelines and directives as deemed appropriate, and fund isolation centres and molecular laboratories to combat Covid-19. All these executive powers are being transferred from elected political leaders to an appointee, the DG of NCDC. However, it is pertinent to point out that, WKH 4XDUDQWLQH $FW ZDV LQYRNHG LQ WKH ÀJKW against the Covid-19 pandemic, because President Buhari failed to declare a state of emergency on the health crisis pursuant to Section 305 of
“I HAVE CAREFULLY PERUSED THE PROVISIONS OF THE BILL, AND I CAN CONFIDENTLY SAY THAT IT IS A DANGEROUS PIECE OF LEGISLATION THAT MUST BE COMPLETELY REJECTED IN TOTO�
the Constitution. Once a state of emergency is declared, the President would have been able to adopt any measures deemed appropriate. Section RI WKH &RQVWLWXWLRQ VSHFLĂ€FDOO\ SURYLGHV WKDW all human rights (apart from the right to life and freedom from torture) can be infringed upon or derogated from in the interest of defence, public health and public safety. However, we must be so cautious, so we would QRW EH FDXJKW DGGLQJ Ă€UH WR WKH DOUHDG\ EOD]LQJ Ă DPH RU WKURZLQJ DZD\ WKH EDE\ ZLWK WKH bathwater. I have carefully perused the provisions RI WKH %LOO DQG , FDQ FRQĂ€GHQWO\ VD\ WKDW LW LV a dangerous piece of legislation that must be completely rejected in toto. For convenience, I will divide the disturbing implications of the Bill into two, and make an attempt at addressing the constitutional, legal and policy issues arising therefrom. The Bill Smacks of Dictatorship Having read through the Bill, the only reinforcing and overwhelming voice is that of dictatorship. The Bill grants discretionary and overbearing powers to the Director General of Nigerian Centre for Disease Control, the Police and +HDOWK 2΀FHUV 7KH UHSURGXFWLRQ RI VRPH RI the provisions of the Bill would be helpful, in driving home this point. Section 5(2)(3) of the Bill, for example, makes the failure to disclose any information requested by WKH 1&'& '* DQ RÍżHQFH ,W SURYLGHV WKXV “(2) For the purpose of any public health surveillance programme, epidemiological investigation or survey
under subsection (1), the Director General may require any person —(a) to furnish the Director General, within or at the times and in the form RU PDQQHU WKH 'LUHFWRU *HQHUDO VSHFLĂ€HV ZLWK any of the following: (i) any information (known to the person at those times); (ii) any sample of any substance or matter in the possession or control of that person at those times, whether obtained under this Act or otherwise; and (b) to submit to a medical examination at the times WKH 'LUHFWRU *HQHUDO VSHFLĂ€HV ,I D SHUVRQ who is required by the Director General under subsection (2) to furnish any information or sample, or to submit to any medical examination, fails, without reasonable excuse, to do so, he VKDOO EH JXLOW\ RI DQ RÍżHQFHÂľ As if that is not enough, Section 15 of the Bill empowers the Minister to declare ANY premises an isolation area, and anyone who causes to leave the area thereafter, would be guilty of DQ RÍżHQFH 7KH '* KDV WKH XOWLPDWH SRZHU WR cause the arrest of any person who attempts, or is suspected to have left the declared isolated area. This arrest can be made without a warrant E\ DQ\ 3ROLFH R΀FHU RU DQ\ +HDOWK 2΀FHU ,V WKH +HDOWK 2΀FHU HPSRZHUHG WR HÍżHFW DUUHVW under our criminal jurisprudence? Absolutely not. 7KUHH FDWHJRULHV RI SHUVRQV FDQ ODZIXOO\ HÍżHFW DUUHVW QDPHO\ 3ROLFH R΀FHUV -XGLFLDO R΀FHUV and private persons. See Sections 3 and 20 of $GPLQLVWUDWLRQ RI &ULPLQDO -XVWLFH $FW Section 24 of the Bill empowers the Police to cause the arrest of anyone who is suspected to EH VXÍżHULQJ IURP LQIHFWLRXV GLVHDVH DW DQ\ SODFH and at any time. The question that follows is: what is the gauge or parameter for determining a policeman’s suspicion? Wide discretionary power, is given to a Police Force known for gross violation of human rights. It would have HYHQ EHHQ D GLÍżHUHQW FDVH HQWLUHO\ LI WKH %LOO provides for a “reasonable suspicionâ€?. Section 13 of the Bill grants the DG of NCDC the power to isolate anyone suspected to have been infected by a disease, at an undisclosed ORFDWLRQ RU DQ\ZKHUH KH GHHPV Ă€W 7KLV SURYLVLRQ could be interpreted to imply the power of the DG of NCDC, to convert a private building to an isolation centre. Section 55 of the Bill provides that the DG of NCDC has the power to enter and search any premises without warrant, for the purpose of investigating into any outbreak or suspected outbreak of an infection. Shockingly, Section 71 of the Bill exempts the DG and all other JRYHUQPHQW R΀FHUV HPSRZHUHG XQGHU WKH $FW of any liability. It provides thus: “No liability shall lie personally against the Director-General, DQ\ +HDOWK 2΀FHU DQ\ 3RUW +HDOWK 2΀FHU DQ\ 3ROLFH 2΀FHU RU DQ\ DXWKRULVHG SHUVRQ ZKR acting in good faith and with reasonable care, does or omits to do anything in the execution RU SXUSRUWHG H[HFXWLRQ RI WKLV $FWÂľ. It shields WKH '* DQG RWKHU R΀FHUV IURP DFFRXQWDELOLW\ and responsibility for their actions, and possible inactions. In fairness to the sponsors of the Bill, the Bill would have been healthier if it had not conferred too much powers on the DG of 1&'& ZKR LV QRW DQ HOHFWHG R΀FLDO RI WKH cont'd on page 5
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Whose Interest? The power of the DG to search any premises of a suspected person he believes to have been infected with a communicable disease, is a violation of the right to privacy under Section 37 of the Constitution. This is so, because the DG is not empowered by law to carry out searches. Searches are meant to be carried out by the Police, who must be in possession of a search warrant as provided under Section 144 of ACJA. Section 55 of the Bill therefore, violates the provision of the ACJA and will not stand.
people. The powers are too wide, and could be easily used as a sword against the Nigerian people. The powers under the proposed law are neither restricted, nor limited. To grant the DG such arbitrary and unlimited powers, is an invitation to tyranny and chaos. With this Bill, abuse of power is inevitable. Constitutional Implications The power to compulsorily takeover any premises as an isolation area under Section 15 of the Bill, clearly violates the right to freedom to own moveable and immoveable property anywhere in Nigeria provided for under Sections 43 and 44 of the 1999 Constitution. Funnily enough, the power can be only invoked upon mere suspicion. To take over the premises of a VXVSHFWHG SHUVRQ HYHQ EHIRUH ÀQGLQJ RXW whether he is genuinely infected, is similar to conviction before trial. See Teumpenkenso v Ribadu & Anor (2017) LPELR-42984(CA). Additionally, it is trite law that a patient has the right to refuse lifesaving medication. The court has interpreted the right to privacy and freedom of thoughts, conscience and religion, to mean the right to decline medication and medical help. The Supreme Court in the case of Medical and Dental Practitioners Disciplinary Tribunal v Okonkwo (2001) LPELR-1856(SC) held that "In several cases, the courts have refused to override the patient's decision, in others, they have found ways round the problem of the paramountcy of the patient's consent. What is important is that, in no case has the decision to override the patient's decision been left with the medical practitioner or the hospital" - per Ayoola,
Dr. Osagie Ehanire
J.S.C. (P.49, paras.G-B). However, for infectious diseases and at periods of pandemic, this fundamental right can be derogated from on the ground of public health through a legislation in that respect, as envisaged under Section 45 of the 1999 Constitution.The law permits compulsory vaccination, if it is meant to combat infectious or communicable diseases.
The power given to the Police to cause the indiscriminate arrest of anyone suspected RI VXÍżHULQJ IURP DQ LQIHFWLRXV GLVHDVH DW any place and at any time, clearly violates the right to freedom of association, right to freedom of movement, right to personal liberty and right to dignity of the human person, provided under Sections 40, 41, 35 and 34 of the 1999 Constitution respectively.
The Tasks Ahead Instead of wasting precious time and scarce funds on conducting a public hearing on a Bill that is illegal in every material particular, the members of the National Assembly should collaborate with the Executive to pass the Economic Stimulus Bill to reposition the economy to face the challenge of Covid-19, and pass a Social Security Bill to address the increasing rate of poverty, unemployment and insecurity in the country. The National Health Act 2014 which provides for one percent of the Consolidated Revenue Fund per annum, VKRXOG EH LQFUHDVHG WR DW OHDVW ÀIWHHQ SHUFHQW while the Nigerian Health Insurance Act should be amended to cover all citizens in the public and private sectors. As a matter of urgency, the National Assembly should appropriate VX΀FLHQW IXQGV IRU HTXLSSLQJ SXEOLF KHDOWK institutions in the country. Femi Falana, SAN, Human Rights and Constitutional Lawyer
Who Needs the Infectious Disease Bill 2020? Sam Omotoso
oozes of human right abuses.
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Introduction once copied a classwork from my seat mate in Junior Secondary School (J.S.S1), and I failed woefully. My FODVV WHDFKHU Ă RJJHG PH UXWKOHVVO\ not because I copied, but because I was foolish enough to copy from someone who was repeating that class, someone who I was perceived to be intellectually better than. It might be Ă€QH WR OHDUQ DQG ZDON WKURXJK WKH VWHSV of someone who is making progress and headway, someone worth “looking up toâ€?, but it will be considered unwise to follow the steps of someone who should be striving to attain your height. This is the bitter true story facing the Control of Infectious Diseases Bill 2020; a Bill put forward by many to be copied from a 1977 Singapore law. The Bill, ‘Control of Infectious Diseases, 2020’, was sponsored by the Speaker of the House, Femi Gbajabiamila, The long Title of the Bill is “A BILL FOR AN ACT TO REPEAL THE QUARANTINE ACT, CAP. Q2, LAWS OF THE FEDERATION OF NIGERIA, 2004 AND ENACT THE CONTROL OF INFECTIOUS DISEASES BILL, MAKE PROVISIONS RELATING TO QUARANTINE AND MAKE REGULATIONS FOR PREVENTING THE INTRODUCTION INTO AND SPREAD IN NIGERIA OF DANGEROUS INFECTIOUS DISEASES, AND FOR RELATED MATTERS (HB.836)â€?. While the short title is, “Infectious Diseases Act 2020â€? (hereinafter referred to as the Bill) The stains on the white linen of the Bill, have given rise to so many questions. We will ask a few, which I consider paramount. Why is the Bill Similar in Nature, Content and Spirit to the Singapore Infectious Disease Act 1977?
NCDC Director-General, Dr Chikwe Ihekweazu
The Bill having gone through the plagiarism test, shows that it is 97% copied from the Singapore Infectious Disease Act, 1977. While it is true that “plagiarism is not known in legislative drafting�, I wonder why the Singapore Infectious Disease Act 1977 will be the best possible “go to enactment� of the Speaker of the House of Representatives. While dynamism, innovation and democracy is the new world order, I wonder why the National Assembly of Nigeria is even contemplating a Bill that could take Nigeria 43 years backward, from the days of freedom back to the days of slavery, as the Singapore Infectious Disease Act 1977 was enacted under the dispensation of a maximum ruler, Lee Kuan Yew, who operated a one-party socialist State whose watch word was, “to be feared is better than to be respected�. It is therefore, of little surprise that the Bill
Why does the Bill give so much power to the Director-General of NCDC? The powers vested in these political appointees, are humongous and bound to be abused. In an interview which I conducted on Instagram Live on the 16th of May, 2020, under the auspices of Law_Television, my guest, Mr Samuel Chukwu, mentioned that “the Bill has made the position of the Director-General of the Nigerian Centre for Disease Control (hereinafter referred to as DG) more attractive than that of the Presidentâ€?, due to the magnitude of power the Bill intends to throw at his feet. For instance, Section 14 of the Bill gives the DG power to place a citizen under surveillance, on mere suspicion. Section 15 of the Bill empowers the DG to issue a notice to take over a citizen’s property, and declare it an isolation centre without the consent and permission of the owner. Section 17 of the Bill is a very potent instrument, against religious and social organisations. Thus, if in the opinion of the DG any building is deemed overcrowded, the DG can make an order dispersing the crowd, and DQ\ERG\ ZKR JRHV LQ FRPPLWV DQ RÍżHQFH Section 28 of the Bill also allows the DG to exempt a vessel coming from an infected area, from being deemed to be infected. There are no grounds, for the DG to arrive at that conclusion; it is left to his discretion. Section 31of the Bill also gives the DG the discretion to determine any vaccine that will be compulsory for citizens to take, before they can travel out of Nigeria. Sections 47 and 48 of the Bill provide for compulsory vaccination of children and adults, with VRPH VSHFLĂ€HG YDFFLQHV Why does the Bill not recognise the Fundamental Human Rights of the Citizen’s of Nigeria?
$OPRVW HYHU\ VHFWLRQ RI WKH %LOO LV D à DJUDQW disregard of the Nigerian Constitution, especially as it relates to Fundamental Human Rights. Let us examine some sections. Section 6 of the Bill provides for compulsory testing based on mere suspicion by the DG, failure to test at one’s own cost, attracts legal sanctions, including a conviction. This provision can, and might be abused E\ SRZHU GUXQN R΀FHUV ZLWKRXW DQ RSWLRQ of legal challenge to such abuses, which is the scariest part. There are people whose religion does not permit injections, or blood test or transfusion. This could thus, be a breach to the right to freedom of thought, conscience and religion in Section 38 of the 1999 Constitution. Section 7 of the Bill empowers the DG to order a post-mortem test, based on suspicion. No exception was considered, and it is entirely at the discretion of the DG. This could breach the right to freedom of thought, conscience and religion in Section 38, 1999 Constitution. Section 12 of the Bill empowers the DG on mere suspicion, to stop a wake keep and prohibit the burial of a deceased by his/her family. This again violates Sections 34 and 38 of the Constitution on the Citizens’ Right to Human Dignity and Right to Thought, Conscience and Religion. Although this would EH UHDVRQDEOH RQO\ LI LW LV FRQÀUPHG WKDW the corpse is infected. Section 13 of the bill empowers the DG on mere suspicion, to detain a citizen for as long as he wishes without an order of a competent court of law, and he/she, of course, cannot be sued even where his suspicion turns out afterwards to be false or wrong. More interesting is the fact that, Section 70 of the Bill protects the DG and his agents from personal liability. This runs foul of the victim’s fundamental Right to Liberty as cont'd on page 6
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contained in Section 35, and movement as contained in Section 41 of the Constitution. Section 14 of the Bill gives the DG power to place a citizen under surveillance, on mere suspicion. The worry is that these encroachments on rights of citizens are done on mere suspicion, and since no personal liability is incurred for any default, the DG or his representative could be careless or even reckless. Once a decision is taken, it EHFRPHV HͿHFWLYH UHJDUGOHVV RI DQ\ SURWHVW RU appeal. The appeal is to the Minister whose GHFLVLRQ LV ÀQDO DQG KH LV DQ LQWHUHVWHG SDUW\ 7KXV KH LV D ÀQDO DUELWHU LQ KLV RZQ matter. This, again violates the Citizens’ right to fair hearing in Section 36(2)(a) and (b) of the Constitution, as embedded in the
phrase nemo judex in causa sua, meaning you cannot be a judge in your own case. This Bill apparently left in abeyance the ever-green words of John Emrich Edwards where he said: “power corrupts, but absolute power corrupts absolutely�. Resolution Credit goes to the sponsor of the Bill, because in all sincerity, the Quarantine Act needs a better replacement. A Law that would meet up, with the current exigencies. This Bill having passed the 1st and 2nd readings, should be referred to the relevant Committees of the House and subjected to rigorous public scrutiny (Public Hearing) for all stakeholders to make inputs, with the objective of coming out with a more comprehensive draft Bill that takes
the concerns of all into account. If this is not done, we will end up with a bad law that cannot stand judicial scrutiny, and invariably, the test of time. Conclusion This Bill fails to meet any standard reasonDEO\ MXVWLÀDEOH LQ D GHPRFUDWLF VRFLHW\ IRU lack of better words; this Bill describes over- concentration of power, and opens the gate to human right abuses, that can only be seen in an authoritarian system of government. In my candid opinion, it should be revisited in its entirety, or better still, be disposed into the basket RI QHYHU FRQFHLYHG WKRXJKWV WLOO ZH ÀQG something better. Sam Omotoso
“THIS BILL FAILS TO MEET ANY STANDARD REASONABLY JUSTIFIABLE IN A DEMOCRATIC SOCIETY.....THIS BILL DESCRIBES OVER-CONCENTRATION OF POWER, AND OPENS THE GATE TO HUMAN RIGHT ABUSES, THAT CAN ONLY BE SEEN IN AN AUTHORITARIAN SYSTEM OF GOVERNMENT�
Tribute to Chief Richard Osuolale Akinjide, SAN Learned Senior Advocate, Dr Olawale Babalakin, pays tribute to Chief Richard Osuolale Abimbola Akinjide CON, CFR, SAN, former Attorney-General of the Federation and Minister RI -XVWLFH ZKR ZDV WUDQVODWHG WR HWHUQDO JORU\ RQ $SULO 0D\ KLV VRXO UHVW LQ SHDFH $PHQ 'An Outstanding Lawyer, who could think outside the box’
Awolowo’s supporters, were livid. For the next couple of years, Chief Akinjide was attacked DQG YLOLÀHG LQ WKH PHGLD E\ VXSSRUWHUV RI &KLHI Obafemi Awolowo. Chief Akinjide had committed an unpardonable crime, by preventing Chief Awolowo from becoming the President of Nigeria. Interestingly, Chief Akinjide was totally unperturbed. As soon as the military took over JRYHUQDQFH KH à HG WR (QJODQG DQG HVFDSHG WKH years of incarceration that the military imposed on the politicians of the ruling party, as well as the opposition. I took a liking to Chief Akinjide, since then. I wanted to be a Lawyer that could take a position and pursue it boldly, as long I was convinced that I was doing the right thing.
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Dr Olawale Babalakin, SAN probably knew about Chief Richard Akinjide, SAN, from the time I could recognise SHRSOH¡V IDFHV %XW , GHĂ€QLWHO\ NQHZ KLP well vicariously. He was a contemporary of my father, Hon. Justice Bola Babalakin at Oduduwa College, Ile-Ife. Both men shared very commendable academic records, at Oduduwa College. Chief Akinjide had passed out of Oduduwa College with Ă \LQJ FRORXUV LQ WKH VHW 0\ IDWKHU SDVVHG RXW LQ KDYLQJ VSHQW RQO\ IRXU \HDUV instead of six in secondary school. He had been adjudged too good for Forms 1 and 2 by the College Principal, and started secondary school in Form 3! Outstanding Lawyers who started in Ibadan There were prominent members of the Bar who GRPLQDWHG SUDFWLFH EHWZHHQ DQG DERXW 7KH REYLRXV OHDGHU RI WKH %DU ZDV &KLHI 5RWLPL :LOOLDPV ZKR ZDV LQ ,EDGDQ WLOO before he relocated to Lagos. He was followed by outstanding practitioners like Olufemi Ayoola, Richard Akinjide, Olisa Chukwura, Abdul Ganiyu Agbaje,Yinka Ayoola and Bola Babalakin. I may have missed out a few names, largely due to my very young age then. In addition to being an outstanding legal practitioner, Chief Akinjide was also a leader of the Bar. He had been elected as the President RI WKH 1%$ LQ DQG VHUYHG WLOO 7KH Bar then was a vibrant organisation, a beehive of activities and an extremely strong voice in QDWLRQDO DÍżDLUV ,W FDUULHG LWVHOI ZLWK UHPDUNDEOH distinction, and the society acknowledged its leadership role. ,Q WKH 1DWLRQDO &RQIHUHQFH RI WKH %DU Association was held in Ibadan. Dr. Mudiaga Odje was the National President. My father, Bola Babalakin, was one of the two Vice-Chairmen. Being the highest ranking member of the Executive Council of the NBA residing in Ibadan, my father had to host the Bar dinner. This was a challenge for my father, considering that he is a teetotaller and does not serve alcohol. This attribute was strange to the Bar. While my father was still deliberating about the issue, a very large truck arrived at our house. In the car in front of the truck was a bearded Lawyer, Kanmi Isola-Osobu. I believe he was then the Publicity Secretary of the Bar. The truck was full of assorted alcoholic drinks. He hailed my father and my father responded by calling him “de Kanmi Isola-Osobu Kalakutaâ€?. Kanmi Isola-Osobu was Fela Anikulapo Kuti’s legal adviser; Fela’s residence was known as Kalakuta Republic. I was confounded. I never knew my father knew about Kalakuta Republic, and I did not believe anybody could bring alcohol into our house without my father’s consent. Kanmi Ishola-Osobu told my father that NBA was not going to allow my father to slow down the party, with his attitude towards alcohol. ,W ZDV WKH Ă€UVW WLPH LQ P\ OLIH WKDW , KDG VHHQ
Chief Richard Osuolale Akinjide, SAN
my father in an environment that he could not control. My father was overwhelmed by the gang of “Bar Men�. Of course, Chief Akinjide was at the ceremony and he was bantering particularly with my father. He called him “Senior Babs� in reference to their days at Oduduwa College where my father had been his senior in school. My father responded, “ROA, the great�. Chief Akinjide was a delight to watch. His dinner speech was so well delivered, and in impeccable English. Awolowo v Shagari ,Q 1LJHULD UHWXUQHG WR FRQVWLWXWLRQDO
“CHIEF AKINJIDE WAS A TRULY OUTSTANDING LEGAL PRACTITIONER, WHO SUCCESSFULLY PRACTICED IN THREE DIFFERENT JURISDICTIONS. HE WAS EXCEPTIONALLY BRILLIANT AND RESOURCEFUL, AND COULD EASILY THINK OUTSIDE THE BOX�
democracy. It also adopted a Presidential system of government. The President required a majority of votes to win, and in addition, 25% of the YRWHV FDVW LQ RI WKH 6WDWHV LQ 1LJHULD Alhaji Shehu Shagari won clearly, in 12 States. Chief Obafemi Awolowo won in six States. The position of a lot of Nigerians was that, 2/3 RI 6WDWHV ZDV 6WDWHV 7KHUH ZDV QR ZD\ one could approximate, or divide a State. A 6WDWH ZDV D GHÀQHG JHRJUDSKLFDO VSDFH $OKDML Shagari needed to win in 13 States, and he had not succeeded in doing so. He was thus, not TXDOLÀHG WR EH GHFODUHG WKH ZLQQHU Chief Akinjide, as counsel to Alhaji Shagari submitted in court that, the popular position ZKLFK ZDV WKDW RI 6WDWHV ZDV 6WDWHV was wrong. Chief Akinjide argued that, the court FRXOG QRW DVVXPH WKDW RI WKH 6WDWHV ZDV 13 States. In the 13th State, the right thing to do (according to Chief Akinjide) was to determine the number of votes. If Alhaji Shagari had 25% of 2/3 of the votes in that State, then he ought to be declared winner. The Supreme Court in a majority judgement led by the Chief Justice of Nigeria, Justice Atanda Fatai Williams, upheld Chief Akinjide’s submission. Justice Andrew Otutu Obaseki did not agree with the majority decision, but upheld Alhaji Shagari’s victory on the ground that Alhaji Shagari had substantially complied with the provisions of the Constitution. Justice Kayode Eso, delivered a very powerful dissenting opinion. , ÀQG LW GL΀FXOW WR DJUHH ZLWK WKH SRVLWLRQ of the Supreme Court, in that case. However, I found it very easy to admire the sheer brilliance of Chief Richard Akinjide, and his enormous courage in advancing the arguments that he made before the court. The declaration of Alhaji Shehu Shagari as President, nearly led to a breakdown of law and order in some parts of Nigeria. Chief Obafemi
The Deep Political Divisions in Western Nigeria One issue that created an impression on me as a very young man, was the seriously divisive politics of Western Nigeria. In particular, I was taken aback by the reaction of a certain friend and colleague of my father on the Bench of Western State of Nigeria, on the day the judgement was delivered. He had come to visit my father and had just left the house, when he turned back to see my father. Apparently, he had heard the dissenting opinion of Justice Kayode Eso, and WKRXJKW LW ZDV WKH Ă€QDO GHFLVLRQ RI WKH &RXUW The Judge appeared very frightened. My father enquired to know what was bothering him. He said that the Supreme Court had ordered that Chief Obafemi Awolowo and Alhaji Shehu Shagari should proceed to the electoral college, to determine the actual winner of the election. My father could not fathom what business a Judge had, with the dispute between Chief Awolowo and Alhaji Shagari. His then proceeded to explain to my father that, Chief Awolowo had approached him to contest an election on the SODWIRUP RI WKH $FWLRQ JURXS LQ +H KDG opted for the NCNC, and had defeated Chief Awolowo’s candidate. Thereafter, he quit partisan SROLWLFV LQ DQG VHW XS D YHU\ VXFFHVVIXO legal practice, before being appointed a Judge RI :HVWHUQ 6WDWH LQ Despite the above explanation, my father could still not understand his friend’s anxiety. To my father, his colleague and friend was no longer a politician, and had no business with politics or with Chief Obafemi Awolowo. He was very surprised at my father’s attitude and concluded that having never participated in party politics, my father did not understand politics or political power. The gentleman then told my father that: “you underestimate Chief Awolowo at your own perilâ€?. He was sure that once Chief Awolowo was sworn in as President of Nigeria, Chief Awolowo would remove him from the Bench. I could not believe what I heard. I could never understand the reasons for such bitterness, in politics. The Return of Chief Akinjide to England I met Chief Akinjide vicariously, at the University of Cambridge. His son, Yomi, was pursuing his Ă€UVW GHJUHH LQ ODZ DW 6LGQH\ 6ZXVVH[ &ROOHJH Cambridge University, while I was pursuing my cont'd on page 7
26.05.2020
NEWS/7
Legal Profession Loses South-West Attorney-Generals to Harmonise Laws of the Karibi-Whyte and Ajomale Region at its Meeting
The legal community has lost two of its illustrious members, with the announcement of the passage of Author and Professor of Law, Honourable Justice Adolphus Godwin Karibi-Whyte and former Chairman, Body of Benchers, Chief M.A. Ajomale, last week. In a statement President Muhammadu Buhari prayed that God will comfort all who mourn the legal colossus, Justice Karibi-Whyte, especially his family, the academia, Nigerian Bar Association and Body of Benchers, friends and associates, commending his contributions to law and jurisprudence in the country and beyond, leaving a legacy of integrity and nationalism. President Buhari noted, with deep conviction, that the legal luminary used his knowledge, wisdom and experience in serving the nation he loved so much, working diligently as a scholar for many years, before transiting to the Judiciary, and pursuing his passion of ensuring fairness through the Federal Revenue Court, Court of Appeal and Supreme Court of Nigeria. Justice Karibi-Whyte played many historic roles in growing Nigeria’s legal system, strengthening democratic institutions and shaping the policy direction of many governments and international agencies, as he served as Chairman, Nigerian Constitutional Conference, 1994-1995, Counterfeit Currency Tribunal, Nigerian Institute of Advanced Legal Studies, Committee of Pro-Chancellors of State-Owned Universities, and Judge and Vice-President of the International Criminal Tribunal for the Former Yugoslavia at The Hague. He passed on at the age of 88. Chief M.A. Ajomale who was former Chairman of the Body of Benchers, was also a one time Chairman of the Action Peoples Congress in Lagos State.
cont'd from page 6
Justice Adolphus Godwin Karibi-Whyte
In a condolence message to his family, former NBA General Secretary, Mr. Dele Adesina, SAN, described Ajomale saying: “I must confess that, the news about the learned Chief’s transition came to me as a rude shock. This is because the last time we met in February 2020, Chief was hale, hearty and bubbling with life. We spent hours together, discussing issues of mutual interest relating to the state of the legal profession, the Nigerian Bar Association, DQG (JEH $PRĂ€Q 2RGXD ² WKH Forum of Yoruba Lawyers. Those who were close to &KLHI ZLOO FRQĂ€UP WKDW KH ZDV extremely passionate about the issues relating to the Yoruba race and the legal profession. “He was a man with the Midas touch, an achiever, a man of excellence and a distinguished gentleman to the core. He was integrity and KRQRXU SHUVRQLĂ€HG +H VHUYHG as the Company Secretary and Legal Adviser of Union Bank Plc for many years, and later
became a Director of the Bank. He was also a member, and later became the Chairman of the Distinguished Body of Benchers. He made a mark in the legal profession. “Always conscious of his responsibility in and out of R΀FH DQG QRW ZLWKVWDQGLQJ his old age, Chief Ajomale as the Past Chairman of the Distinguished Body of Benchers would never miss the Nigerian Law School Statutory Dinner, unless he was outside the country. Regardless of his advanced age, Chief Ajomale was always present at the Egbe $PRĂ€Q PHHWLQJV EHFDXVH DFFRUGLQJ WR KLP QR VDFULĂ€FH LV too much for the Yoruba race. He was de-facto and de-jure an authentic leader, ready to JLYH FRQWULEXWH DQG VDFULĂ€FH QR matter the inconveniences. The milestone covered by a man is measured by his integrity, and where he stands when truth and fair play are in dire need of an Advocate. He always said and stood by the truth.â€?
5LVLQJ IURP LWV ÀUVW YLUWXDO PHHWLQJ the Attorney-Generals of the six South-West States resolved to harmonise the laws of the region. The meeting which was facilitated by the Ekiti State Attorney-General and Commissioner for Justice, Olawale Fapohunda, also had in attendance Moyosore Onigbanjo SAN, Adekola Olawoye, SAN, Professor Oyewole Oyewo, Akingbolahan Adediran and Olufemi Akande, the Attorney-Generals of Lagos, Ondo, Oyo, Ogun and Osun States respectively. In a release after the meeting, the Ekiti State Attorney-General, said WKH &KLHI /DZ 2΀FHUV GHOLEHUDWHG XSRQ D QXPEHU RI LVVXHV DͿHFWLQJ the administration of justice in their respective States, and the impact of Covid-19 on the criminal justice
system. They expressed concern about the continued closure of FRUUHFWLRQDO FHQWUHV DQG LWV HÍżHFWV RQ HÍżHFWLYH SURVHFXWLRQ RI VHULRXV crimes, and resolved to collectively urge the Minister of Interior to achieve a quick resolution of the matter. The Attorney-Generals also commended the National Judicial Council (NJC), for issuing guidelines for court sittings and related matters in this Covid-19 period. They welcomed the novel idea of virtual court hearings as a means of achieving speedy and safe dispensation of cases during the ongoing COVID-19 period, with a commitment to ensuring the progressive implementation of the NJC guidelines in the six South-West States. The statement also disclosed
that the Attorney-Generals discussed the modalities for the harmonisation and uniformity of laws of the South-West States, and agreed to establish a Committee RQ WKH 8QLÀFDWLRQ RI /DZV RI 6RXWK :HVW 6WDWHV VSHFLÀFDOO\ in areas of criminal laws and commercial laws, and broadly LQ HQDFWLQJ OHJLVODWLRQ WKDW DͿHFWV the socio-economic development of the six States in the region. Other issues discussed at the meeting include, the state of implementation of the six States’ Security Network Agency Laws (Amotekun Laws), wherein they all agreed to work collaboratively, sharing of information and expertise on the implementation of the legal and institutional framework of the security network agencies.
France RatiďŹ es Law OfďŹ cially Ending 75 Years of West Africa CFA The much-awaited Bill ratifying the end of the CFA Franc, was adopted on Wednesday by the French Council of Ministers. This was disclosed by the spokeswoman for the French Government, Sibeth Ndiaye. ´,W ZDV GXULQJ DQ R΀FLDO YLVLW to Ivory Coast in December 2019, that they (President Macron and French West African leaders) announced a historic reform of monetary cooperation that was to lead to the end of the CFA Franc. “As the President of the Republic had been able to stress, this symbolic end was to be part of a renewal of the relationship between France and African countriesâ€?, she said. The text validates the transition of the CFA Franc – used by eight
French West African countries – to become the newly mooted Eco, a currency to be adopted by the entire West African bloc, ECOWAS. It also marks the end of the centralisation of foreign exchange reserves of the eight West African States, with the French Treasury. In concrete terms, the Central Bank of West African States will no longer have to deposit half of its foreign exchange reserves, with the Bank of France. France will also have to withdraw its presence, from the governance bodies. 7KH À[HG SDULW\ RI WKH IXWXUH (FR currency with the Euro, will have to be maintained. Eight countries concerned are: Benin, Burkina Faso, Côte d’Ivoire, Guinea-Bissau, Mali, Niger, Senegal and Togo.
Critics of the CFA Franc, perceive it as one of the last vestiges of France’s colonial domination. The Central African version of the currency, XAF, however; continues to be used in six countries across the region. Fourteen nations, divided into West and Central African groups, use the currency today. Their 155 million people account for 14 percent of Africa’s population and 12 percent of its GDP, according to the International Monetary Fund (IMF). 7ZR GLͿHUHQW &)$ )UDQF XVHUV Eight countries comprise the West African Monetary Union (WAMU), Benin, Burkina Faso, Ivory Coast, Guinea-Bissau, Mali, Niger, Senegal and Togo. Its Dakar-based issuing authority, is the Central Bank of the West African States (CBWAS).
TRIBUTE TO CHIEF RICHARD OSUOLALE AKINJIDE, SAN
doctorate program at Corpus Christi College. Yomi was a particularly focused undergraduate student. He was quite disciplined. I later learnt that, he did not have a choice. Chief Akinjide gave Yomi no breathing space. The story that Ă&#x20AC;OWHUHG RXW ZDV WKDW ZKLOH <RPL ZDV DW WKH University, Chief Akinjide was on voluntary exile in England. Yomi had to write a paper every week and send the paper to Chief Akinjide in London, to assess for him. Chief Akinjide would assess the papers, and send them back to Yomi. That was a great commitment of a father to his FKLOG <RPL JUDGXDWHG ZLWK Ă \LQJ FRORXUV IURP Cambridge. Today, Yomi is a Partner in one of WKH OHDGLQJ ODZ Ă&#x20AC;UPV LQ (QJODQG Akinjide had a very active life in exile While on voluntary exile in England, Chief Akinjideâ&#x20AC;&#x2122;s brilliant mind could not tolerate indolence. He was too intellectually active, to be stagnant. In 1983, Chief Akinjide was 53 years old. He had left the English Bar since 1956, 27 years earlier. It would have been convenient for him to play an idle rich man in England, as he was a very wealthy man. However, Chief Akinjide was too intellectually vibrant to take this route. He went back to the English Bar, and started practicing law in England. Practicing in England is a totally GLÍżHUHQW V\VWHP IURP SUDFWLFLQJ LQ 1LJHULD (YHQ though we inherited the English legal system, we have not been able to maintain the courts as a theatre for the display of intellectual capacity and brilliance, as they have done. From England, Chief Akinjide was invited to practice law in The Gambia, where he shone like a star. Chief Akinjide gave me copies of judgements of cases he handled, in England. In one of the cases, the Judge stated that Chief Akinjide had made the life of the opponent so miserable, that he (i.e. the Judge) was appealing to Chief Akinjide, having killed the man in court, not to bury him in court! This was the level of skill and intelligence, of a man who was returning to an environment 27 years after he had left.
The document prepared by Otunba Senbore was a life saver for me. It gave those willing to VXSSRUW PH WKH FRQĂ&#x20AC;GHQFH WR GR VR :LWK WKH GRFXPHQW DQG DOO WKH HÍżRUWV RI P\ ZHOO ZLVKHUV including a particularly young and vibrant Lawyer, I was released soon after. I remain grateful to Chief Akinjide, for his capacity to think outside the box. It is my belief that a VRFLHW\ ZLOO JURZ UDSLGO\ ZKHQ LW LGHQWLĂ&#x20AC;HV WKRVH who can think outside the box, and utilise their talent appropriately.
Visit to Mr Justice Yinka Ayoola I once went to visit the Honourable Justice Yinka Ayoola, retired Justice of the Supreme Court and former Chief Justice of The Gambia (whom I consider to be a genius). During the visit, Justice Ayoola and myself discussed many issues. When Chief Akinjideâ&#x20AC;&#x2122;s name came up, Justice Ayoola went into superlatives, about the brilliance of Chief Akinjide. Chief Akinjide had appeared before Justice Ayoola on several occasions in court in The Gambia. Justice Ayoola commended the quality of Chief Akinjideâ&#x20AC;&#x2122;s submissions in court, and expressed the opinion that Nigeria did not H[SORLW &KLHI $NLQMLGH¡V LQWHOOHFW VLJQLĂ&#x20AC;FDQWO\ IRU 1LJHULD¡V EHQHĂ&#x20AC;W I am Detained by Abacha In 1995, I was detained by the Military Government of General Sani Abacha. It was alleged that I, as the owner of a bank, was owing the bank money. I only owned a bank, for 18 months. I did not understand the allegation of indebtedness. The bank examiners could not GHĂ&#x20AC;QH LW DFFXUDWHO\ WR PH My father called on his schoolmate Chief Akinjide, to sort me out. Chief Akinjide visited me in detention, to take my instructions. I think on one of the occasions, he came with his daughter, Jumoke who later became a Minister of the Federal Republic of Nigeria, and Stephen Kola Balogun. He suggested that before we make any statement in court, we should have a highly rated accountant who was also a banker to examine my accounts in the bank. We zeroed in on Otunba Olutola Senbore and Co. Otunba Senboreâ&#x20AC;&#x2122;s records, were unbelievable. His curriculum vitae was a catalogue of distinctions. Otunba Senbore embarked on the assignment, with great professionalism. He analysed the accounts of all the companies that I had interest in. At the end of the day, Otunba Senbore found that I was not in debt at all; I was in considerable credit. He discovered that the bank examiners had accumulated all my debits, but ignored my credits. I had a government instrument that was SD\LQJ PH D VSHFLĂ&#x20AC;F DPRXQW RI PRQH\ HYHU\ month. All the bank examiners ought to have
Chief Richard Osuolale Akinjide, SAN
done was to discount that instrument with the Central Bank of Nigeria, and credit the money to my account. This would have made me a net creditor. On the contrary, they were more concerned about destroying my businesses, than Ă&#x20AC;QGLQJ D VROXWLRQ WR WKH LVVXHV I am still bewildered that Government could have set up the Nigeria Deposit Insurance Corporation whose mandate was to provide insurance for bank depositorsâ&#x20AC;&#x2122; money, and amended its law to give it both prosecutorial and judicial powers without any checks and balances. I was kept in detention for 23 months, for doing nothing. To worsen this situation, the investigators and the examiners had never built anything themselves in their careers, not even a shoe shine company. They did not have any idea of how to turn 10 kobo to 20 kobo. Yet, they were sitting in judgement over the transactions of businessmen and entrepreneurs, some of whom had created great wealth for the society and employed a lot of Nigerians.
Working with Chief Akinjide as a Colleague ,Q ODWHU OLIH &KLHI $NLQMLGH DQG RXU Ă&#x20AC;UP ZRUNHG jointly and extensively, for a multinational oil company. It was great fun to work with Chief Akinjide. He treated us as his contemporaries. I learnt that, he was very proud of the working relationship. I imagine that it was a good feeling for Chief Akinjide seeing his â&#x20AC;&#x153;sonâ&#x20AC;? work with him as his colleague, and having interesting and enduring arguments with him, while trying to prepare a joint position on an issue. Chief Remarries Long after the passing away of his beloved wife, Chief Akinjide married Mrs Bola Williams. Mrs Bola Williams was our senior at Chief Rotimi Williams Chambers, and always looked at least twenty years younger than her age. She was also an epitome of elegance, class and grace, with a clear manifestation of a very good upbringing. I was very happy, with the choice Chief Akinjide made. Conclusion Chief Akinjide was a truly outstanding legal practitioner, who successfully practiced in three GLÍżHUHQW MXULVGLFWLRQV +H ZDV H[FHSWLRQDOO\ brilliant and resourceful, and could easily think outside the box. He was a great family head, and a committed father to his children. Adieu, Chief Richard Osuolale Akinjide, SAN. Dr Bolanle Olawale Babalakin, LLM, Ph.D (Cantab), SAN
8/
26.05.2020
Are Virtual Court Hearings Constitutional? (Part 1) Introduction
T
Repayment here is no doubt that, man by nature abhors change. He prefers a familiar terrain. Said Tiny Buddah, “there are three solutions to every problem: accept it, change it or leave it. If you can’t accept it, change it. If you can’t change it, leave it.” In his epic book, “The Prince”, Niccolo Machiavelli told us that, “there is nothing more difficult to do or more doubtful of success than to initiate a new order of things, for the lukewarm defenders are those who profit by the old order”. True, as Aristotle said, “nature abhors a vacuum” (horror vacui). Virtually every Nigerian has been complaining about our slow, clogged justice system. But, no one wants a deliberate and sudden change. It is like the truism that everyone wants to go to heaven, but no one wants to die. Yet, you must first die before you go to heaven. It was Albert Einstein, the physicist who developed the theory of relativity, that once famously declared that “insanity is doing the same thing over and over again, and expecting different results”. What then is the solution? Hippocrates, the father of medicine, provides it: “a desperate disease requires a dangerous remedy”. This is precisely what the Covid-19 induced virtual court hearings, has confronted Nigeria with. To deal with it desperately. It has advantages and disadvantages, especially in a developing country like Nigeria, with very poor infrastructure. The biggest challenge is whether virtual court hearings can be accommodated within Nigeria’s constitutional landscape, without first amending the Constitution. I humbly submit no. This is because the Constitution, being the font et origo and grundnorm, represents the embodiment of fundamental regulations and principles guiding a nation State. Definition of Terms First, let us put our discourse in its proper context, by navigating through the terms used in virtual hearing. ‘Virtual’ means ‘near enough’, as against its opposite, ‘physical’ or ‘absolute’. ‘Virtual’ means artificial reality, artificial environment or computerised simulation. Virtual court hearings therefore, mean court hearings that enable Judges, Counsel, court staff, witnesses, security personnel and other participants or stakeholders to attend court hearings online, by means of Zoom, Skype and such other computer/ internet devices. The sitting of courts in the ‘open’ as used in Section 36 of the Constitution means not shut, unbottled, unfastened, agape, unlocked, free from obstructions, unblocked. “Public” as used in the same Section 36 means, open or available to all for use, share or enjoy; a place open or visible to the public; public space or place; public area or location to which all have access without restriction. A ‘zoom meeting’ means a video conferencing meeting that is held, using zoom. One can join such meetings, through a webcam or phone. There is usually provided a “zoom room”, which is the physical hardware setup which allows the conferees launch a zoom meeting from the zoom conference room. It allows for telecommuting and interaction. Skype teleconferencing (formerly known as Microsoft Lync Server) is a unified communications (UC) platform that integrates common channels of business communication, online meetings, instant messaging (IM), voicemail, file transfers, video conferencing. It can be deployed on premises, in the cloud, or used as a hybrid service. Legal Issues in Virtual Court Hearings in Nigeria The guidelines approved by the National Judicial Council (NJC) for the conduct of court proceedings in the period of the Covid-19 pandemic has however, thrown up a litany of legal issues. This includes the constitutionality of the virtual court proceedings, in line with the provisions of the Constitution. Also, some expected judicial outcomes from some of these irregular provisions of virtual court proceedings online may not stand the test of the law, as they are likely going to create loopholes which parties could exploit on appeal when the trial is not in their favour. The NJC, in some of its guidelines, directed the Nigerian courts to provide fast-speed pervasive and reliable internet connectivity, while the end-user would provide hardware devices such as desktops, laptops, tablets and smartphones. This is to serve for the virtual sittings using collaborative platforms such as MS365, Zoom, Google meetings and other tools with electronic-recording functionalities. Other measures include checks at court premises, filing of court processes online, payment of filing fees, service of hearing notices, virtual or remote sittings, physical court sittings and general provisions. Many States’ judiciaries have since followed suit, rolling out Covid-19 Practice Directions meant to tame the unhealthy space stricture engendered by Covid-19. Virtual court hearings, which are proceedings that are conducted electronically or through the use of electronic means, could be hybrid or fully virtual. It is hybrid when the court proceedings are held with some of the parties in a particular place, while others join online. This may be in two forms: The Judge, Clerk and Witness attend open court alone, whilst others join in online; or the Judge, Clerk and Lawyers appear in open court alone, while the witnesses join in online. On the contrary, the fully
Chief Justice of Nigeria, Ibrahim Tanko Muhammad
virtual method envisages a situation where all parties join in from separate and different locations. The Judge, Lawyers, Witnesses, Clerk etc., will all join virtually. Other Jurisdictions Across the world, some countries have since embraced this new technology. India and the United Kingdom have been able to successfully test-run, and can effectively use virtual hearings for court proceedings. Bolivia, Ecuador, and Argentina have been able to introduce virtual court hearings only for pre-trial detainees. USA, Australia, Canada, Kenya, Bangladesh, have all adopted virtual court hearings through video conferencing, teleconference, Skype, Zoom, Gmail, etc, thus stamping their footprints in the digital space. According to Keith Kaplan “a virtual court is a conceptual idea of a judicial forum that has no physical presence, but still provides the same justice services that are available in courtrooms”. Access to virtual courts would, however, be limited to online access, videoconferencing and teleconferencing. Videoconference technology allows witnesses to testify at trial, without being physically present in the courtroom. In contrast to a traditional, in-person witness, the videoconference witness is not physically present in the courtroom, but ‘virtually present’ through the use of technology. This enables the witness and those in the courtroom to interact. Usual Method of Court Proceedings in Nigeria In our conventional method of justice delivery in Nigeria, we are used to a setting where we have a daise for the Judges, who face the Lawyers, and the litigants. The members of the public sit at the back of the court room, watching proceedings. The court system is adversarial in nature, and this places a duty on Judges, to be impartial and passive in the course of proceedings. In view of the passive posture taken and the role played by a Judge in the adversarial system, the litigants and their Lawyers play a more active role in the adjudicatory process. The Nigerian Constitution guarantees every litigant a right to fair hearing, and equal access
“THE FIRST VIRTUAL COURT SESSION IN NIGERIA, TAGGED ID/9006C/2019, WAS HELD AT THE IKEJA HIGH COURT IN LAGOS, WHERE ONE MR. OLALEKAN HAMEED WAS SENTENCED TO DEATH, FOR THE MURDER OF 76-YEAR-OLD MRS. JOLASUN OKUNSANYA, ON 1ST DECEMBER, 2018”
to these courts. As noted by the Supreme Court in the case of EHOLOR v OSAYANDE (1992) LPELR-8053(SC), the role of the Judge is to hold the balance between the contending parties, and to decide the case on the preponderance of the evidence brought by both sides, and in accordance with the rules of a particular court and the procedure and practice chosen by the parties themselves in accordance with those court rules. A Judge, under the system, is not expected to act or give the impression that he has descended into the arena of the conflict, and have his sense of justice blurred. Lawyers and litigants must be abreast with and ensure compliance with extant rules and processes, as a good case may be struck out and/or dismissed for failure to comply with laid rules and procedures. Similarly, a bad case may sail through due to lapses on any of the parties’ part. Courts are created by the Constitution and statutes, to enforce law and order for the public good. They are impartial for dispute resolution, between parties who seek redress for violation of a legal right. Both criminal and civil matters are heard in the same court in Nigeria, but with different court rules and procedures guiding each genre. Coming of Age: Nigeria’s first Virtual Court Hearing The first virtual court session in Nigeria, tagged ID/9006C/2019, was held at the Ikeja High Court in Lagos, where one Mr. Olalekan Hameed was sentenced to death, for the murder of 76-year-old Mrs. Jolasun Okunsanya, on 1st December, 2018. In that case, Mr. Olalekan Hameed was sentenced to death by hanging for the murder of Mrs Jolasun Okunsanya, the mother of his employer, Adetayo. Justice Mojisola Dada blazed the trial, and delivered the judgement in the Lagos State Judiciary’s maiden virtual court session. The proceedings were earlier approved by Lagos State Chief Judge, Justice Kazeem Alogba, in line with the Lagos State Judiciary Remote Hearing of Cases Covid-19 Pandemic Period Practice Directions, adopted on 4th May, 2020. The court session for the charge was held online via Zoom. It began at 11.am, and ended before 2pm. 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, by using Zoom. A number of participants, were in attendance. This included the State’s Attorney-General and Commissioner for Justice, Moyosore Onigbanjo, SAN, the prosecutor, Ms. Titilayo Shitta-Bey, and some Senior Advocates of Nigeria, such as Funke Adekoya, Tayo Oyetibo, Olukayode Enitan, amongst others. The presiding Judge, Justice Mojisola Dada, sentenced the Defendant to death, thus: “The sentence of this court upon you, Olalekan Hameed, is that you be hanged by the neck until you are pronounced dead and may the Lord have mercy upon your soul. This is the virtual judgement of the court.” The nagging question, however, is whether this conviction and sentence can stand the heat and fire of appeal, against the background of the clear provisions of Section 36 of the 1999 Constitution. I harbour serious doubts. Subsequently, I shall demonstrate the reasons for my misgivings. QUOTE FOR THE WEEK “Human progress is neither automatic nor inevitable...every step toward the goal of injustice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals.”- Martin Luther King Jr
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L-R:Chairman,FCMBGroupPlc,Mr.OladipupoJadesimi;Chairman,AuditCommittee,AkinolaSoares;NationalChairman,ProgressiveShareholders AssociationofNigeria,Mr.BonifaceOkezie,andGroupChiefExecutive,FCMBGroup,Mr.LadiBalogun,duringtheseventhAnnualGeneralMeetingof theFCMBGroupPlcheldinLagos...recently
Downstream Oil Sector Operators Seek Attractive Business Climate Peter Uzoho Operators in the downstream sector of Nigeriaâ&#x20AC;&#x2122;s oil and gas industry have reiterated the need for the federal government to initiate policies that would pave way for an attractive and competitive business environment. This, according to them, would lead to increased investments in the sector. The also urged the federal government to unveil a pricing formula that would guide the monthly adjustments of the pump price of premium motor spirit (PMS) otherwise known as petrol in order to avoid dislocations at the retail end of the value-chain. The operators made the call during a webinar organised by the OTL Africa Downstream in conjunction with Major Oil Marketers Association of Nigeria (MOMAN), Depot and Petroleum Products Marketers Association of Nigeria (DAPPMAN) and Petroleum Products Retail Outlets Owners Association of Nigeria, among others, to discuss the issues attendant to full market deregulation including pricing, business models, competition, new investments and valuecreation in the downstream
ENERGY petroleum sector. They expressed concerns about the style of market deregulation including pricing, business models, competition, new investments and value-creation in the downstream petroleum industry. According to the operators, many marketers are keeping low stock towards every month end due to the uncertainty surrounding the price of the commodity, especially as government, through the Petroleum Products Pricing Regulatory Agency (PPPRA), still determines the pump price of petrol despite deregulation. They noted that a pricing formula would guide marketers and consumers on what to expect anytime there is a movement in the price of oil, especially as the country does not control the price of crude oil in the global markets. Speaking at the online seminar, the Chairman MOMAN, Mr. Adetunji Oyebanji, said the COVID-19 has presented an opportunity for Nigeria to take some decisions as regards the downstream operations. With some fundamental changes being proposed, he ad-
vocated the need for appropriate laws to back up actions, noting that with government retaining price control, it would always be under pressure to adjust the price due to political considerations. â&#x20AC;&#x153;We believe that if the market determines the prices, there will be marginal changes rather than everyone rallying around to change prices. Marketers continue to advocate a proper legislation to allow market dynamics prevail. This because people keep low stock towards month end because they fear price reduction and are worried that they might be unable to plan effectively. â&#x20AC;&#x153;Government must ensure that there is a level playing field by removing monopolies, while a strong anti-competition agent should be in place to discourage operators from taking advantage of a free system. â&#x20AC;&#x153;Like it has been done in other countries, we need a strong agency that sanctions infractions and help to mitigate price gougingâ&#x20AC;?, he said. On the benefit of subsidy to marketers and the PPPRAâ&#x20AC;&#x2122;s decision to allow operators commence petrol importation, Oyebanji said petrol importation has no particular benefit to marketers
because subsidy does not bring any income to operators. â&#x20AC;&#x153;There was never a time government stopped anyone from importing fuel. Economics is what has allowed marketers to import. Government never stopped marketers from importing; it just didnâ&#x20AC;&#x2122;t make economic sense given the fixed price. The present situation allows operators to import and recoup their investmentsâ&#x20AC;?, he added. In the same vein, the Chairman of DAPPMAN, Dame Winifred Akpani, said deregulation was the way out of the crises confronting the downstream sector. She decried the incursion of government into the downstream industry both as a player and regulator, lamenting that the gains recorded in the past when there was robust private sector involvement in the industry has been eroded and most players are now quitting. Akpani, said some of the tank farms have been taken over by banks and the Asset Management Corporation of Nigeria (AMCON) due to the inability of some of its members to service their loans as at when due.
ECOWAS Fixes 2023 Completion Date for $567m WAPP Project Emmanuel Addeh in Abuja The Economic Community of West African States (ECOWAS) member countries, through the West African Power Pool (WAPP), has set a 2023 date for the completion of the $567.5 and 600 megawatts project. The sub-regional body said the large electricity market was to allow reliable and affordable electricity supply to citizens within member states, according to the Transmission Company of Nigeria (TCN) has said. WAPP, a specialised institution of the ECOWAS covers 14 of the 15 countries of the regional economic community, including Benin, CĂ´te dâ&#x20AC;&#x2122;Ivoire, Burkina
ECONOMY Faso, Ghana, Gambia, Guinea, Guinea Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone and Togo. Erstwhile Managing Director of the TCN, Mr Gur Mohammed, who was sacked by President Muhammadu Buhari last week, was the Chairman of WAPP, until he was relieved of his duties. According to the TCN, with the framework of interconnecting grids, Cote dâ&#x20AC;&#x2122;Ivoire â&#x20AC;&#x201C; Ghana â&#x20AC;&#x201C; Benin/ Togo â&#x20AC;&#x201C; Nigeria will have the coastal backbone, while Ghana â&#x20AC;&#x201C; Burkina Faso â&#x20AC;&#x201C; Mali will share the interzonal hub, among others. It said that the infrastructure mainly
comprises 875km of 330kV double circuit transmission lines from Birnin Kebbi (Nigeria) to Ouagadougou (Burkina Faso) through Zabori (Niger) and Gorou Banda (Niger) and from Zabori (Niger) to Malanville (Benin). In addition, the TCN noted that there is the 24km 225kV DC transmission lines in Burkina Faso, while the grid would be looped inside Ouagadougou town. â&#x20AC;&#x153;Five substations (Zabori and Gorou Banda in Niger, Ouaga East and Ouaga South-East in Burkina Faso, Malanville in Benin) would be executed as part of the project and some additional SCADA and SVCâ&#x20AC;&#x2122;s. â&#x20AC;&#x153;In Nigeria, we have 62km transmission line in Niger we
have 420km, in Burkina Faso we have 381km and in Benin 12km, totalling 875km of 330kV transmission lines while in Burkina Faso we have 24km of 225kV transmission lines. â&#x20AC;&#x153;The project also has a rural electrification component to provide electricity to communities along the 330 kV lines, within a radius of 5km, in Burkina Faso and Niger. This will be implemented by their respective utilities, SONABEL and NIGELEC it said. It stressed that resettlement action plans had been designed to mitigate specific social impacts in all the participantsâ&#x20AC;&#x2122; countries, including communities whose lands and livelihood would be affected.
WOWBii Interactive, the manufacturer of Interactive Flat Panel Displays (IFDP) is working with Nigerian state governors to establish virtual meetings with immersive collaboration capabilities reducing the need to travel out of their diďŹ&#x20AC;erent domains. The company was said to be achieving this through its Wowbudd platform, which oďŹ&#x20AC;ers technology-enhanced solutions that enable face-to-face interactive telepresence, in-room and virtual annotation and wireless casting, with added digital signage solutions to create Situation Rooms or Command Centers for governors to remain in Business-As-Usual mode despite the global pandemic. According to a statement issued by the company, the interactive device is a futuristic platform which connects seamlessly with legacy UniďŹ ed Communication solution kits making it a truly outstanding, hassle-free touch centre for multiple teams and locations. â&#x20AC;&#x153;This intervention provided exclusively by WOWBii is necessary to mitigate eďŹ&#x20AC;ects of cessation or limitation of physical contacts, in line withWorld Health Organisationâ&#x20AC;&#x2122;s (WHO) social distancing recommendation, and to ďŹ&#x201A;atten the growth curve of the lethal coronavirus (COVID-19) pandemic. â&#x20AC;&#x153;Beyond this, the adoption of immersive virtual meetings and digital interactionshavebeenanevolvingparadigmwithinglobalbusinessesand leading government establishments, who are aligning with operational best practice in collaborative interactivities and video conferencing,â&#x20AC;? the statement stated. Meanwhile,theOďŹ&#x192;ceoftheVicePresidentwassaidtohavestarted running its virtual meetings on this indigenous product as an innovative solution to the pandemic crisis, while Borno, Nasarawa, Lagos and Plateau States have completed the installation of the WOWBii equipment. Other Nigerian states are in line for installation of the WOWBii infrastructure.
ARC Appoints Non-Executive Directors
The African Risk Capacity Limited (ARC) has appointed two new non-executivedirectors(NEDs).TheyareMrJurgenMeischandMr.Phillip Pettersen.They are to join the Board of Directors to bring independent strategic guidance and oversight to its operations. The new directors joined a group of other industry experts led by Mr. Abdoulie Janneh and Dr Frannie Leautier who serves as interim Chair and as alternate Chairperson, respectively. According to a statement, in just over six years of operations, the ARC has made $60 million pay-outs to Governments of Senegal, Mauritania and Malawi following droughts episodes in 2014, 2015 and 2019. These funds have gone towards assisting over 2.1 million people whose livelihoods rely on agriculture, preventing the loss of hard-earned developmental gains in addition to 924,689 livestock. Governments have used ARC Ltd funding to scale up cash transfers, subsidize livestock feeds, replenish depleted food reserves, and distribute emergency food supplies. Speakingontheappointments,theDirector-GeneralofARCAgency, MohamedBeavoguisaid:â&#x20AC;&#x153;Wehavealwaysbeenguidedbytheprinciple that the quality of our work depends on the capacity of our people.
Vodacom Creates Standalone Business
TheVodacom Group said it has simpliďŹ ed its structure and created a standaloneSouthAfricanbusinessthatwillbeledbyVodafonedirector Balesh Sharma. â&#x20AC;&#x153;ForVodacomGrouptoplayacentralroleofoverseeingalloperations across its African footprint, this has necessitated the creation of a standalone South African operating company,â&#x20AC;? Reuters quoted the company to have said in a statement. Vodacom is a leading African communications company providing a wide range of communication services, including mobile voice, messaging, data, ďŹ nancial and converged services to 116 million (including Safaricom) customers. From its roots in South Africa, the company has grown its mobile network business to include operations inTanzania, the DRC, Mozambique, Lesotho and Kenya. Its mobile networks cover a population of over 289 million people.
â&#x20AC;&#x153;The COVID-19 crises led to the credit rating downgrades of most vulnerable developing countries, including Nigeriaâ&#x20AC;? MD/CEO, FirstBank Nigeria Limited,
Dr. Adesola Adeduntan
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Bello: Nigeria Can Earn More Revenue from Export With the degree of uncertainty over what the full global impact of the novel coronavirus will be, the Executive Secretary of the Nigerian Shippersâ&#x20AC;&#x2122; Council (NSC), Mr. Hassan Bello says there is no better time than now for Nigeria to smoothen her export potentialities, submitting that the country can earn more revenue from export of her produce. He spoke with Chika Amanze- Nwachuku and Ugo Aliogo. Excerpts: The Shippers Association Lagos State (SALS) revealed recently that its members lose more than N5 trillion in one month owing to the coronavirus pandemic. What is the impact of this huge revenue loss to the sector and the economy as a whole? The revenue that the government derives from the ports has been disrupted; the ports are not operating optimally for obvious reasons and so there is shortfall in revenue. This will go on for maybe a year and half and there will be a gap during this period because the production of the things we import has been affected and the whole global supply chain has been disrupted. Economies of the countries we trade with have been disrupted and some will not even allow imports or export of their products because they are trying to satisfy their own markets. So you will see that volumes, throughput and deployment of ships have reduced. Consequently, the ports will not be as engaged as they normally are. This implies a dip in revenue generated from the port system. This is like painting a gloomy picture of the entire sector. Are you prepared for the unknown? Yes it is a gloomy picture but there is always a silver lining and the most important thing is deep introspection. For example, if we lose on import, we can gain on export, and there is no better time than now for Nigeria to develop its export credentials. Nigeria can gain and earn a lot from export, we have the commodities. What we lack is the infrastructure, efficient logistics chain, easy access to the ports and the simplification of processes and procedures so that we can make export the alternative revenue base for Nigeria. Nigeria must make deliberate effort to ensure that the revenue we lack from import can be replaced by exporting. Do you think the government has done enough in trying to diversify the countryâ&#x20AC;&#x2122;s revenue base? It is a common tragedy of a mono-economy. In Chile in the 70s, when the price of copper went down, the whole Chilean economy suffered. It is the same thing we are seeing in Nigeria now with the volatility of oil prices. Why should our fate ride on the fortunes of one commodity on which we have no control; $17 per barrel, that was the price of oil in March, which means the cost of production far outstrips what we are selling, and we have unsold oil. It is therefore time to look at other areas, if the Government was not doing so before now, necessity has forced it to do so. We have diversified our economy quite all right, but we need to be deliberate in strengthening other areas. Nigeria is so blessed. We have no choice but to look at export now. At the height of the COVID-19 pandemic in March, the Nigerian Ports Authority (NPA) had directed terminal operators to give demurrage waivers to importers as a form of palliative to ease the pains of goods clearance at the ports occasioned by the scourge. What is the level of compliance to the directive in view of the recent crisis at some terminals? There is compliance, the problem was lack of communication. Nigerian Shippersâ&#x20AC;&#x2122; Council (NSC), after meeting with the shipping companies agreed that demurrage within the time of the lockdown should be suspended and immediately; this was agreed by the shipping companies. But then shipping companies have to adjust their applications and their modes of payment etc. So certain people were caught in the web before they could do that. One thing I want people to know is that these are abnormal times. The shipping lines are not operating optimally also; they have about 50 per cent of their workforce staying at home. There was no public transportation at the beginning of the lockdown and NSC tried to fill that gap by providing buses for freight forwarders and other port users. As a matter of fact, many people have been refunded the demurrage and quite a
Bello few were not charged for demurrage, but you will not hear about it. It is the responsibility of the shipping companies to also communicate to the shippers because this demurrage is paid by the shippers and should be refunded to them. There must be a way of saying â&#x20AC;&#x2DC;please we are going to refund this but our system has to be changed or adapted etc.â&#x20AC;&#x2122; Shippersâ&#x20AC;&#x2122; Council has recently written to the shipping companies to do exactly that. I think what I will do is to appeal for patience and understanding considering that we are living in an abnormal time. NSC has resolved that nobody will be charged for demurrage, any consignment or cargo that falls within the space of the lockdown, which is from March 30- May 3, should not be charged demurrage. Various legal issues such as port health and safety, crew health, seaworthiness of vessels, delivery and redelivery and others have arisen from the outbreak of the COVID-19 pandemic. What is your take on these? Port ordinances and rules have been there since time immemorial. Safety of crew that is the seafarers, their engagements, how they should offload and load vessels and all these things have been captured. There is a department called Port Health Services under the Federal Ministry of Health, which is the first to determine the health status of the crew on a vessel; whether there are some cargoes that are not fit for offloading etc. But as you said, the COVID-19 pandemic has strengthened the capacity for us to look at issues especially that the port is a red zone for the spread of this contagion. So NIMASA is the agency responsible for that and right from the beginning, NIMASA issued a marine notice in compliance with International Maritime Organisation (IMO). One of the stipulations of the marine notice is that a ship must not berth until it quarantines for 14 days. So within those 14 days, any illness would manifest. So it is a kind of isolation. Secondly, ships coming from countries of interest (where 1000 or more people are infected) will have to be watched seriously and that is what the Navy does. The Navy tracks all the vessels movements. NIMASA also tracks vessel movements. So they have special interest in vessels that come from such countries of interest. We have been able to stop any incidences that might be a problem. NIMASA is vigilant and the Navy is also vigilant. So as far as the seafarers are concerned all agencies hands are on deck. My fear however is the commercial aspect of it; that is people going to the port. NSC is so concerned because the ports had to remain open being an essential service. The port must open so that our economy doesnâ&#x20AC;&#x2122;t collapse entirely. Even to fight the COVID-19, we need the port to take the delivery of pharmaceutical products and other essential commodities. We need the port for raw materials to keep our industries working. But our fear is that the port is a red
zone because the tendency for people to gather in the port is there and we did everything to adhere to the health protocols. First of all, we enforced the directive that there should not be a gathering of more than 20 persons, use of hand sanitizers and washing of hands, wearing of masks. These are things we did at all the terminals and shipping companies. The first two weeks was very difficult for us because people were not observing the social distancing and the shipping companies and terminals were not taking responsibility. But after a time, we had to find decent places for the agents to stay and conduct their business, and it has been getting better since then. But up till now, there are still areas of concern and so in collaboration with the Nigeria Centre for Disease Control (NCDC) and the Port Health Services, we formed a team to sensitise the users of the port about the dangers of the COVID-19. This virus is the most contagious that the world has seen in a while and so we are not relenting; we have concluded the first cycle of sensitisation where we distributed a lot of gears. For me, I will rather we close the port than to have contagion spread into the general population. Those working at the ports have families, so if they are infected, it will affect their families too. If the spread is not contained in the port, we might be in danger because the port is a red zone. But if you ask me, all these could have been avoided. The more, we look at this thing, the more we are learning lessons. For example, we canâ&#x20AC;&#x2122;t have a port that everybody rushes to; we should have an automated port, where physical presence is unnecessary and that is what NSC is going to embark on. We have already started assessing the situation and we hope by March 2021, there will be no need for anybody to go to the port. For instance, years back, the banking halls were jammed, everybody had to go to the bank, but with automation and technology, the banking halls are now empty except for this abnormal situation we are in, people transact all businesses using their phones or other electronic devices. We want a contactless, automated and transparent port; a port where the processes and procedures are simplified and technology-based; where the agencies will be talking to one another or to each other and this will drive efficiency and competition. Donâ&#x20AC;&#x2122;t forget that we are competing; the ports in Nigeria are competing with the ports in the region. So we are learning, every day we go out to see what can be done to make things better. The proliferation of illegal arms has been a very big issue in the country and there are reports that some of these shipping companies are guilty of this. What have you done as a regulator to check this menace? The Shipping Companies and the Customs have a lot of responsibility as far as small arms and any illegal or dangerous arms are concerned. Every
year or so, there is a prohibited list of items not to be imported into the country. There is also another list of items not to be exported. The responsibility we have given to shipping companies concerns the bill of lading which is the document under which trade is mostly transacted in Nigeria, apart from the charter parties. When there is a charter party, the bill of lading has what is called â&#x20AC;&#x153;said to containâ&#x20AC;? which kind of exonerates the shipping companies from the contents of the bill of lading. If it is â&#x20AC;&#x153;said to containâ&#x20AC;? which means the shipper is responsible for the description of the consignment. So when we saw that, we had a meeting with the Comptroller General of Nigeria Customs Service (NCS) and shipping companies. We told the Shipping companies in very clear terms that they have responsibilities with regards to what is coming in and I think that has stemmed the influx of small arms at least through the seaports and the Customs has been very vigilant. But as I said technology is very important. If we had adopted the International Cargo Tracking Note, we wouldnâ&#x20AC;&#x2122;t be having the problem of illegal importation of dangerous goods because the tracking note more than any other transport document will reveal what is coming to Nigeria, even before the ship sails from the port of loading. It will also describe the quality, the weight, the cost, the distance and many other features which no other transport document such as the bill of lading will describe. So we hope that Government will consider the Cargo Tracking Note and that will mean transparency in what we import. We have been working with the Nigeria Customs and the incidences of importing small arms through the sea have reduced drastically. As a regulator in the sector, what measures have you put in place to harmonise with stakeholders on the issue of retrenchment of workers, occasioned by the COVID-19? As far as our sector is concerned, we are watching to see how the problem will lead to job losses, but job losses sometimes are inevitable because of what COVID-19 has brought to the world economy and if many people lose their jobs that means importation will be less; people cannot afford to buy things because they have no earnings. It will a ripple effect on the economy and that means there will be shortfall on consumption and the purchasing power etc. But we are looking at employment, even last week that was part of what we discussed at one of our meetings with the shipping companies. We looked at their employment profile, and people should not use the excuse of the COVID-19 to just retrench people. There are adjustments which one can consider. We are also following the Central Bank of Nigeriaâ&#x20AC;&#x2122;s (CBN) interventions. The interventions of the CBN through stimulus packages (N100bn to the health sector and N50bn to SMEs) and the direct intervention in the economy are highly commendable. We have had a meeting with the organised private sector such as NACCIMA, Shippers Association and others, where we fashioned out a plan for the CBN come and look critically at the sector with a view to making interventions. We have shared our discussions with relevant stakeholders and we hope something will come out it because there are so many industries that are in danger. Look at the hotel industry, the aviation industry, there are in danger of going bankrupt. Bankruptcy means job losses and weak economy. So the economy is stumbling like any other economy in the world. We could look at some agencies of Government and direct them to reduce their charges. I know there will be a conflict because while the Government is looking for revenue, it will be hard for us to lose this revenue stream. But sometimes, it is penny wise pound foolish, you got to let off some revenue stream to attract buoyancy to the other. These are balances, I think, with time, working with the CBN and the organised private sector, we will be able to strike. NOTE: Interested readers should continue in the online edition on www.thisdaylive.com
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Okereke: COVID-19 Presents Opportunity to End Gas Flaring Prof. Chukwumerije Okereke who is the Director, Centre for Climate Change and Development at the Alex Ekwueme Federal University, Ndufu-Alike as well as a visiting professor at the University of Reading. Heâ&#x20AC;&#x2122;s equally the Coordinating Lead Author of the UN Intergovernmental Panel on Climate Change. In this interview, he says the coronavirus pandemic offers Nigeria a unique opportunity to end flaring of gas and grow its clean energy outputs amongst others, excerpts. Chineme Okafor provides the excerpts: What is your assessment of the current situation with Nigeriaâ&#x20AC;&#x2122;s efforts towards climate change? Well, the situation is that there has actually been quite a lot of interesting activities in Nigeriaâ&#x20AC;&#x2122;s climate change effort, especially in terms of policy development. As you may know, Nigeria was among the 190 countries that submitted their Intended Nationally Determined Contributions (INDCs) to the UNFCCC in the run up to the COP meeting in Paris in 2015. Nigeriaâ&#x20AC;&#x2122;s INDC has since been subsequently converted into the Nationally Determined Contribution (NDC) following the countryâ&#x20AC;&#x2122;s ratification of the Paris Agreement in May 2017. Nigeriaâ&#x20AC;&#x2122;s NDC commits the country to reducing its carbon emissions by 20 per cent by 2030 compared to 2010 baseline figures. The NDC further obligates Nigeria to 45 per cent emission reduction conditional on international support. A strong emphasis was also placed on adaptation given Nigerianâ&#x20AC;&#x2122;s vulnerability to climate change. Now, many commentators agree that Nigeriaâ&#x20AC;&#x2122;s NDC can be considered quite ambitious. However, the challenge has been with implementation. The NDC is built on the attractive and alluring philosophy that Nigeria will grow its economy by five per cent per year while also reducing carbon pollution. However, decoupling emissions from economic growth in the pursuit of green economic transformation requires strategic and concerted effort, including policy intervention, coordination, and the application of novel technologies and innovation. As you know, some of these areas represent important challenges to the Nigerian system with its weak institutions and low technological base. But again, some important progress is being made under the dynamic leadership of the Department for Climate Change at the federal ministry of environment; for example, they have developed a sectoral action plan for NDC implementation, attempted to pass a bill on climate change, and issued two green bonds worth about N11 billion and N15 billion respectively. Now the process of the revision of the first NDC has already started. It is important to ask serious questions about exactly how much the first NDC was implemented, and what needs to be done to ensure that the new NDC does not end up being mere promises and words. I am particularly very keen to make sure that Nigeria uses the NDC and other climate action to tackle poverty, diversify its economy, create millions of green jobs, ensure a faster recovery from the impact of COVID-19 and build a climate-resilient economy. This is for me the
Okereke great need of the moment. From your estimation, are these targets within reach? The honest answer is that while many of the targets are achievable, we are not likely to achieve them under the current rate of progress. As I noted, Nigeria made quite an ambitious commitment to reduce its Green House Gas (GHG) emissions by 20 per cent by 2030 compared to the 2010 baseline. Part of this target was going to come from reducing and ultimately ending gas flaring. However, since the NDC was ratified in 2017, there has not been significant movement towards ending gas flaring. I will give you more examples. In the same NDC, Nigeria set the target to improving energy efficiency by 20 per cent with an assumption of 2.5 per cent improvement per year. However, with increasing number of high-polluting diesel generators, it is not clear to me how the 2.5 per cent annual improvement target can be achieved. Also, the NDC contains a promise to provide
additional 13,000 megawatts (MW) of renewable off-grid electricity to rural communities; however sufficient policy and action has not been put in place to help to achieve this target. The lesson is that while it is a good thing to craft an ambitious document in part to satisfy international requirements, intensive and resulted effort must be made to translate promises and intentions into concrete policies and action on the ground. Well, today the impact of the COVID-19 pandemic is widespread. How do you think the disruptions caused by this pandemic will affect the countryâ&#x20AC;&#x2122;s efforts towards climate change? It really depends on what governments decide to do in response to COVID-19. As you will know, there has been widespread report of improvements in local air quality in various parts of the world due to the lockdown. On the surface this might seem to be good for the climate. However, it is clear that this is neither a desirable nor sustainable way to reduce greenhouse gas emissions. It is not
desirable because as you know, well over 300,000 lives have been lost and several millions of lives have been very negatively affected by the dreadful COVID-19 disease. And it is not sustainable because the lockdown will not last forever. So, what are the possibilities and options for governments around the world? Well, let me give you three basic scenarios. One possible scenario is that a long economic recession can ensue even after the virus has been suppressed. Such a recession could result in the global amount of carbon emissions being much lower than it is currently; but then, economic recession could slow progress in the development of the technologies and innovation needed to make long term sustainable progress in tackling climate change and moving the economies along the green development paths. Moreover, global economic recession is likely to have negative impact in the efforts to achieve other critical global Sustainable Development Goals (SDGs) such as achieving global food security, ending poverty in all its forms everywhere, ensuring high quality education for all and proving all people with access to water and sanitation. The second scenario is that governments, keen to revive their economies, abandon their ambitious climate commitments and targets and begin to invest billions and trillions in the sort of economic activities that caused the climate change in the first place. For example, eager to save jobs and kick-start the economy, governments could subsidise fossil fuel, lower vehicle emission standards, relax ban on coal mining, remove taxes on high polluting economic activities, among others. In fact, it has been recently reported by some researchers in the UK that across 16 major economies, that have announced stimulus packages, roughly $2.2 trillion is being directed into sectors that have a large and lasting negative impact on the environment and climate. The consequences of such policies may well be the exacerbation of climate change with all the negative consequences such as loss of lives, sea level rise, heat waves, and possibly the outbreak of some kinds of new diseases, God forbid! The third scenario, which is the one I very much hope will happen is that governments act decisively in utilising steps to reboot the economy into opportunities to invest in sustainable sectors, create millions of new green jobs, and facilitate a global green growth transition. This is the path I pray and hope that Nigeria would take. NOTE: Interested readers should continue in the online edition on www.thisdaylive.com
What Has Gone Wrong with Nigerian Banks? Toyin Olakanpo What has gone wrong with Nigerian banking? That was the question many asked as they saw pictures and videos shared on social media of crowds that besieged the gates of several bank branches across Lagos on May 4, 2020. Why would anybody need to go to the bank when there were Automated Teller Machines (ATMs) available and internet banking used by many? The responses were quite revealing. One man, had his ATM card swallowed by the ATM during the lockdown and had to appear at the nearest branch that morning to get a replacement. Another man, Mr X, had walked three miles to the bank because, during the lockdown, he had tried withdrawing N20,000 from the ATM and there was a dispense error. He never received the cash but the amount was debited from his account and was never reversed. That was all the money he had. He was adamant that first thing that Monday morning, he would be at the bank to resolve the matter as soon as the lockdown
was lifted. This was a common scenario that people narrated of dispense errors and also stories of ghost withdrawals in varying amounts from their account. These financial transaction disputes are sometimes resolved by email or the bankâ&#x20AC;&#x2122;s contact centre but the banks had actually suspended the resolution of all e-transaction failures during the lockdown period leaving customers aggravated and frustrated. During the lockdown period, complaints were many and the Federal Competition and Consumer Protection Commission (FCCPC) confirmed this in a statement dated April 22, that they had received a lot of complaints from consumers on issues bordering on failed electronic banking transactions within the period of lockdown. Transactions failure on e-payment platforms in Nigeria are of serious concern to millions of users. The e- payment platforms managed by the Nigerian Inter Banking Settlement System (NIBSS) covers the processing of standard e-payment channels in the country, namely ATM, Point of Sale Terminals (PoS) and Electronic Money Transfers. As an example, the failure rate shared by NIBSS data for the first week in May 2020 saw an average
rate of between 12 to 15 per cent daily which is on average 120,000 - 150,000 failed transactions per million. These are not impressive figures and they do not translate to a working and efficient system especially for a county that advocates for a cashless society. The benefits of a cashless society are clear. In a 2019 research conducted by the Boston Consulting Group, it was concluded that economies that are more cash intensive tend to grow slowly and miss out on significant financial benefits; whereas, economies that switch to digital or electronic payments are more successful as the switch can boost annual GDP by as much as three per cent. Sadly, the number of bank accounts in Nigeria appear to be decreasing and not increasing and the quest for a cashless society is one fraught with challenges. Aside from the financial infrastructure challenges, if your targeted audience does not see any value in the product you are offering, they will refuse to sign up. Customers are not happy with the constant deductions for one
charge or the other and would prefer to hold onto their cash than fully utilise a bank account. Some of the customers who turned up at the bank that Monday did not have ATM cards because of the monthly maintenance charges that accrue to the account. Also, the mandatory N50 Point of Sale (PoS) charge for transactions one thousand naira (N1000) and above, in line with the directive given by the Central Bank of Nigeria (CBN) and other e-payment charges, is a deterrent for many in obtaining and using ATM cards or fully operating a bank account. For those on low or irregular incomes, the N50 deductions cannot just be given away. The amount of fifty naira (N50) represents a packet of Indomie noodles or a loaf of Agege Bread - food for the day. tOlakanpo, a lawyer and sustainable development consultant writes from London NOTE: Interested readers should continue in the online edition on www.thisdaylive.com
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Nigeria: Race to Outlive Covid-19 Pandemic Ajibola Olayinka
â&#x20AC;&#x153;Mankind will drop its last blood to preserve its digital age civilizationâ&#x20AC;? llobal handling of the 1918 - 1920 Flu Pandemic, Great Britainâ&#x20AC;&#x2122;s unusual prosecution of the World War II and Biafraâ&#x20AC;&#x2122;s ingenuity during Nigeriaâ&#x20AC;&#x2122;s civil war were taking turns to engage my thoughts. The fact that the earlier century virus crisis persisted for over two years reflected the level of medical advancement at that time and no wonder casualties ran into incredible numbers before it was subdued. When it became inevitable that Great Britain must break the box to come up with victory over Hitlerâ&#x20AC;&#x2122;s Germany, the country enlisted about 400 civil organisations to lead in manufacturing war arsenals. The Biafran museum told a good story of locally made bombs, innovative â&#x20AC;&#x153;Ogbunigweâ&#x20AC;? and other novel inventions which stretched its resistance in the battle for survival. Unorthodox model of human efforts at a point of global inflexion adopted in these three separate events defined the outcome recorded in history. Unlike in past crises which galvanized the G7 and advanced nations to ramp up support for the African continent with multilateral aids, the coronavirus is raging across borders, ripping boundaries and messing up globally ranked powerful nations with death, diseases and economic destruction. Every country should therefore understand the urgency in standing up for national interest and survival and wrench control from this invisible enemy. The race to outlive COVID-19 begun the moment the world realized the mutating resilience of the virus and the possibility of being as devastating as it came unless it is tamed. The world is now between the proverbial devil and the deep sea as â&#x20AC;&#x153;stay at homeâ&#x20AC;? slogan in one breath connotes staring hunger in our closet with no source of livelihood. This is certainly not a case of â&#x20AC;&#x153;either/ orâ&#x20AC;? as the two extreme conflicts present two sides of the coin. If we must stay home, we must stave off hunger and if we must resume work or movement, safety must be guaranteed. Resolving this dilemma is the pathway to outlive COVID 19. The original epicenter of Coronavirus, Wuhan, is open for business while the political and economic headquarters in China are fully recalibrated after a strict regimen by the authorities. Both New Zealand and Australia have bared their chest and relaxed the stay home rule. Even Italy and Spain have done a partial opening while Germany has taken the front seat as the first country to return to football though playing in empty stadiums while pressure is on for many other western nations to follow suit. Africa is represented in this group with Tanzania, Rwanda, Madagascar and Ghana stepping forward some weeks ago. We need to do a quick appraisal of these bold nations who have eased lockdown and relate with status of lockdown in Nigeria. China, South Korea, Singapore are distinct examples of countries which employed personal phones and specialized apps to manage the pandemic. As of Sunday April 26 2020, Wuhan for one shut down its COVID-19 hospitals and reported only one coronavirus incidence because of the disciplined approach adopted via this digital option. New Zealand actually declared that the country has â&#x20AC;&#x2DC;defeatedâ&#x20AC;&#x2122; the dreaded infection with supporting statistics. Madagascar came up with home-grown/home-brewed preventive and curative prophylaxis and its efficacy was attested to by their President who took the herb publicly. But Ghanaâ&#x20AC;&#x2122;s situation has a slightly different report after easing lockdown with higher infected cases few days thereafter. US disease control authorities have confirmed that any mistake in easing off without putting appropriate measures in place will lead to a second wave with more devastating outcome. And so, it is clear that pockets of progress across the globe came with aggressive testing, tracing, isolation and treatment of identified cases. In addition, these countries operate well-drilled palliatives and stimulus package of food and cash in particular, supporting their people and enterprises with required resources in this unusual period. The message for Nigeria therefore is to build her survival bridge beyond the here and now to the new normal. Inertia, option â&#x20AC;&#x2DC;do nothingâ&#x20AC;&#x2122; or emulating the tried and tested especially by western nations have always been recipe for disaster in situations like this. My people say if you linger long on relieved faeces, poisonous flies will feast upon it. A concrete plan addressing the immediate, short, medium and long terms clearly articulated should be on ground with implementation timelines. Such plan must be pragmatic and devoid of all ambiguity concerning â&#x20AC;&#x2DC;how toâ&#x20AC;&#x2122; and who is responsible. A federating unit like Nigeria presents a classic case of nobody did what anybody could have done. The melodrama daily aired by CNN between the President
G
Buhari and Governors in the United States should be an example of how not to tackle a pandemic of this scale. In the long run it is the lives of her citizens, sources of her livelihood and freedom that are on the line. Even now, our country still has a fair leverage to contain this case with a well-knit national solution uniformly implemented across our geographical spread. The uninvited visitor has cut down many lives, ravage millions of people with infection, truncate livelihood and dislocate neighbourhood. In order to demonstrate that all lives matter, the whole world is standing up to it with the best foot forward. The initial reaction of lockdown and keep safe protocol is a strategy to keep alive and fight another day but we should remember that palliatives and support are lifeblood. Though arguable, at least 60 per cent of the informal sector drive Nigeriaâ&#x20AC;&#x2122;s economy. Most of these players thrive on daily income come rain or sunshine. With no social safety nets and savings for a rainy day (Dr. Abati said it rains every day for this class of people), the on-going sharing of food and cash in fits and starts should go back to the drawing board for a better package. The haphazard nature still resonates with the Nigeria factor. As water finds its level, the teeming hungry mobs shown every day will eventually fight back. Can our country afford aggravation of the current pandemic travail? The political model which connects the grassroots during election can come in handy to give succor to the needy on an egalitarian basis. Hard hit industries can be revived with bail-out and palliative packages. Corporate atrophy does not discriminate based on size, age or other criteria. Aviation, transportation, hospitality, education, just name it, are gasping for breath and untold corporate fatalities are imminent if help is delayed for bail-out. Keeping both personal and corporate soul and body together is the first law of COVID-19 survival. The announced parachute for loans granted by CBN and BOI are too restrictive to impact organizations with financial burdens as there is need to extend these revised terms to borrowers from commercial banks. As they say, when paradigm shifts, everything goes back to zero. Just as nourishment is important to soul and body whether personal or corporate, so is the urgency for education on COVID-19 awareness, behavioural changes pre and post lockdown. Several videos on social media have done a lot of damage and trivialize the problem at hand. An old woman consuming local gin said she was drinking ogogoro to prevent â&#x20AC;&#x2DC;Korona Festusâ&#x20AC;&#x2122;. Apart from the proverbial 30 million viewers of NTA (even with a big percentage who loose regular access due to incessant power outage), how many Nigerians follow the National Task Force in its daily briefing? Majority in Lagos for example are connected to rumours of 1 million boys attack and their personal security. The elites are fully briefed and following regular updates due to multiple media tools and devices but majority
of COVID-19 drugs widely reported in the media. How far have these been tested and what approval processes are they undergoing? When can they be available as succor for those in need? Communication from NCDC will shed light and bring hope. Remember, these ideas in process will in turn be commercialized for mass production and distribution as critical value chains after resolving the financing sources. We should embrace the new world with our feet on the ground and each step carefully crafted to mitigate avoidable calamities. The corporate world and meeting places must temper their anxieties to resume business with new workplace culture as safety first takes its prime position. The lockdown period has provided lessons on working from home and operating online and this should assist us to identify deliverables which can be conveniently handled without leaving the home. Tweeter has confirmed some positions as â&#x20AC;&#x2DC;work from homeâ&#x20AC;&#x2122; offices without any need to be physically present in its office on a permanent basis. In order to err on the side of caution, about 50 per cent of the workforce can test the new culture on one week on one week off while the other 50% will experience it in the other week. Depending on the level of stewardship, business continuity scenarios can be generated for proper governance and revised capabilities for ownersâ&#x20AC;&#x2122; approval. And oh yes, the pandemic can open doors for new opportunities while those hardest hit will need to introduce new business models for survival. Necessity they say is the mother of invention. The post COVID-19 phase will announce the demise of many critical lines of business but will open a new world of fresh demands for new products and services. For a long period mile12. com has been publicized without much patronage until the lockdown provided the platform for boom business. A popular beverage company is marketing with glee its brand of hand sanitizer. Every need of man has to be repackaged, reworked and represented for value exchange and the new times will try the surviving strengths of emerging models. The popular quote during COVId-19 is â&#x20AC;&#x153;crisis is too valuable to wasteâ&#x20AC;?; Merck the pharmaceutical giant applied this for its turn-around in the 1990s. After years of lying, deception and literal lip service to changing the monoculture economy built on crude oil, COVID-19 is forcing Nigeria to look elsewhere for money. Dr. Pat Utomi is at the vanguard of well-meaning patriots who shouted themselves hoarse on Dutch disease. For one, Nigeria is caught in the middle of the oil war between Saudi Arabia and Russia, two giant oil producers which led to crude price chicken game. Two, the rampaging pandemic has shut most factories with several oil contracts floating in the air. It was reported that twelve cargoes of LNG tankers were not allowed to berth in China. Three, â&#x20AC;&#x153;stay at homeâ&#x20AC;? has kept oil stock in tanks all over the world and oil-powered automobiles have remained on holiday. Four, the price of oil like humpty-dumpty has fallen to levels never recorded in history. The long and short of it all is that Nigeriaâ&#x20AC;&#x2122;s 2020 budget with about 70 per cent oil revenue is in jeopardy. Despite all the noise on agricultural revolution, our quick fallback position, the train of its value chain has not really been built. Funding and farm technology are scarce because the lenders are too scared to lend to agriculture. Farm gate prices are exploitative because of access to markets. Seasonal products are vulnerable to waste because of lack of storage. Excess produce cannot be exported because of logistics and port bureaucracy. Raw agricultural exports eventually are at the mercy of buyers because Nigeria lacks semi processing and processing factories. The story is a long one. Relics of the old industrial estates in Kano, Ibadan, Ikeja, etc. are reminders of past exploits in manufacturing. With the hub of manufacturing built on imported inputs from outside the country, it is no brainer that it is fed with crumbs falling from the mastersâ&#x20AC;&#x2122; table. Every week, it is a fresh round of struggle to scout for scarce foreign exchange to fund letters of credit.
of our population are still pondering Coronavirus as an elephant with multiple sides. Snippets of information strewn together from Kano, Gombe, Jigawa, Bauchi has kept the whole nation and WHO on edge about multiple deaths which may not be unconnected with COVID-19. Indeed, an irony that this horror movie is rolling out of the people singing â&#x20AC;&#x2DC;babu koronaâ&#x20AC;&#x2122;. Layers of publicity by word of mouth, neighborhood meetings and associations, hand-bills, traditional, conventional and digital media, below and above the line, jingles on radio and TV, role plays, social media plus any other means should be rolled out. The conversation should start at the beginning: what really is COVID-19 and how does it affect us? What are behavioural expectations during lockdown and how will this be modified on full or partial movements? Lagos, the COVID 19 epicenter in Nigeria has braved the odds for partial movement from Monday May 4, 2020 but the question is how prepared are we? A bustling city accustomed to mad rush for limited resources such as transportation, how will the state initiate semi normalcy without spiking the already growing numbers of the infected cases? In a little over a month, Nigeriaâ&#x20AC;&#x2122;s COVID-19 dashboard grew from less than 500 to about 6000, an outrageous increase of 1,100 per cent. Nigeria probably have one of the largest concentration of cerebral marketing professionals who can rise up to the occasion. Every segment of the society should have its information interest adequately covered, CNN says â&#x20AC;&#x153;you are what you knowâ&#x20AC;?. Therefore, the pandemic communication strategy should cascade in a systematic manner to penetrate the â&#x20AC;&#x2DC;veins and arteriesâ&#x20AC;&#x2122; of our citizens and societies in rural and urban centers. And so, Nigeriaâ&#x20AC;&#x2122;s only option is to follow the rest of the world to the new normal. This is predicated on the fact that there is a limit on freebies in food and cash handout and man needs to reconnect with work and recreation for sustenance. This world has in-built resilience to outlive COVID-19 as history has proved time and again. What is the sequence to begin the new life experience? So far, there is no error-free formula even from countries who have braved the headwind to ease movement. Beyond stimulus and living packages therefore, we need to think through the steps required for safe movements while the virus is still in town and learn from others not to reinvent the wheel. Education and awareness on new behavior outside the home cannot be over-emphasized with social distancing, mask and hand washing/hand sanitizer as minimum precaution required from everyone. Leaving our shell behind, replicating accessible t 0MBZJOLB B GPSNFS DIJFG FYFDVUJWF TFOU test centers and quick turnaround of results should be an integral part of basic infrastructure put in UIJT QJFDF GSPN -BHPT place. With Africa as the last bastion of civilization, each country possesses what it takes to provide â&#x20AC;&#x2DC;Virus solutionâ&#x20AC;&#x2122; a la Madagascar while the world NOTE: Interested readers should continue in the awaits approved vaccines. In Nigeria, several herbal online edition on www.thisdaylive.com homes and inventors have announced discovery
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Buhari Issues Guidelines against Arbitrary Removal of Heads of Agencies Ugo Aliogo In a bid to avoid what he described as arbitrary removal of heads of agencies of the government, President Muhammadu Buhari, through the Secretary to the Government of the Federation (SGF), Mr. Boss Mustapha has issued a procedure for the removal of the heads of agencies. Mustapha in the circular, said the federal government has observed the ‘arbitrary removal’ of Chief Executive Officers (CEOs), its impact on stability and service delivery. The SGF stated emphatically that no minister can unilaterally remove CEOs of agencies, adding
that the president has approved a disciplinary procedure against erring heads of agencies. The circular affirmed: “Accordingly, Mr. President has approved the following streamlined procedure for the discipline of Chief Executive Officers of government parastatals, agencies and departments in accordance with the Public Service Rules (PSR). “When an act bordering on serious misconduct against a Chief Executive Officer is reported, it shall be the duty of the supervising minister through the Permanent Secretary to refer the matter to the governing board for necessary action in line with the relevant
provisions of the Establishment Act and the principles guiding Chapters 3 and 16 of the Public Service Rules; the board shall in line with due process, issue him/her a query requesting an explanation with respect to the specific act(s) complained about; the board shall forward its findings and recommendations to the minister for further consideration and necessary action; “The minister, after due
consideration of the submission from the board, shall on the advice of the permanent secretary, forward the ministry’s position along with the recommendations of the Board and the explanation of the Chief Executive Officer to the Secretary to the Government of the Federation (SGF) for processing to Mr. President, for a decision. “Upon receipt of the submission from the minister,
the Secretary to the Government of the Federation (SGF) shall without delay cause an independent investigation and advise Mr. President on the appropriate course of action.” He added that it is the responsibility of the SGF to advise the president on the next course of action based on the outcome of the final investigation. Mustapha maintained: “This procedure shall serve as a
mandatory guide and all ministers of the Federal Republic of Nigeria, and any other public officer in similar supervisory position, are enjoined to strictly abide by its content.” “For emphasis, on no account shall a Minister of the Federal Republic unilaterally or arbitrarily remove a serving Chief Executive Officer, without recourse to the procedure contained in this Circular.”
... Insists No Development without Peace Omololu Ogunmade in Abuja President Muhammadu Buhari last night advocated peace as the bedrock of development on African continent. Buhari who made the call in commemoration of the annual ‘’Africa Day 2020,” observed by the African Union Commission in collaboration with the World Health Organisations (WHO), said Africa had given the world a new hope by its theme: ‘’Silencing the Guns in the Context of the COVID-19’’ for this year’s Africa Day. A statement by presidential spokesman, Malam Garba Shehu, said Buhari emphasised the need for African leaders to ensure the success of silencing the guns on the continent. The statement also said the president reiterated the need to sensitise Africans with the
inseparable nexus between peace and development. ‘’Peace, security, unity and harmony are prerequisites for development in Africa,” the president was quoted, advising citizens all over the continent to come up with innovations on how ‘’Silencing the Guns” can be used to achieve peace and grow African economies. “He also urged regional economic groups, civil society organisations and the private sector in Africa to take full ownership of the theme of this year’s celebration to strengthen collaborative efforts among membercountries of the African Union. “Africa Day is observed annually on 25 May, to commemorate the founding of the Organisation of African Unity (OAU), the precursor of the African Union, which was created on 25 May 1963 in Addis Ababa, Ethiopia,” the statement added.
A NEW LEASE OF LIFE...
A cross-section of the batch of 218 Almajirai deported to Kaduna State from Kano, Nasarawa, Plateau and Gombe states, looking well-fed and free of COVID-19, courtesy of the support of UNICEF, AMA Foundation, and other NGOs, ahead of the Almajiri Child Rights Day 2020, in Kaduna ...yesterday
85-year-old ex-DG of Imo Broadcasting Corporation Stabs Wife to Death A former Director-General of the Imo Broadcasting Corporation (IBC), Mr. Theophilus Okere, has allegedly stabbed his wife to death at Imerinwe community in the Ngor-Okpala Local Government Area of the state. Aged 85, Okere was said to have carried out the act unknowingly. The News Agency of Nigeria (NAN) quoted a source as saying the former DG had been suffering from dementia, a term for diseases
and conditions characterised by a decline in memory, language, problem-solving and other thinking skills that affect a person’s ability to perform everyday activities. The sources reportedly said the family had been managing Okere’s dementia for some time. “Okere has been down with dementia and the family has been managing the problem. Even today that he stabbed his wife to death, when he was asked
why he did it, he responded that his wife was still sleeping,” the source reportedly said. ”The other Sunday, Okere went to church and said that his car was missing when in fact the car was parked in his compound.” Okere’s wife, who was 77 years, was described as a retiree of the Imo State Polytechnic, Umuagwo. The couple had been married for 50 years. The spokesman of the Imo
State Police Command, Mr. Orlando Ikeowu, who confirmed the incident, told NAN that the police had commenced investigation into the matter. “It is true that the former director-general of the stateowned broadcasting corporation, Mr. T.C. Okere, about 85-years allegedly stabbed his wife to death this morning. The command has commenced investigation into the matter,” he reportedly said.
Northern Govs Defend Profiling, Returning of Almajirai to Home States El-Rufai Threatens to Proscute Parents Who Enroll Seriki Adinoyi in Jos Northern Governors’ Forum (NGF) has lamented the policitisation of the recent profiling and transfer of Almajirai to their home states, insisting that it was done in good faith. The governors said the action was a unanimous decision of all member-governors of the NGF to protect the children who were abandoned and became at risk of contracting and spreading COVID-19. Chairman of the forum and Governor of Plateau State, Mr. Simon Lalong disclosed this yesterday when he received National Assembly caucus from the state who were at the Government House, Rayfield, Jos to present their donation to the governor to boost the fight against COVID-19. Lalong said, “Although many are trying to politicise the matter, I can assure you that it is the best decision we have taken in the interest of these Almajirai who for years have been suffering and left at the mercy of the streets. “You will recall that the President’s wife, Her Excellency
Aisha Buhari convened a summit at the Villa which was attended by the President, the Sultan, governors from the North and religious leaders. The decision was to stop the Almajirai system completely, and we believe that we have the best chance to do so in order to improve the lives of these children and give them proper education and care.” Lalong therefore appealed to the legislators to continue to support the government in ensuring that the program succeeds despite the misinformation and improper tagging of economic migrants to the other parts of the country as “Almajiris” which he described as most unfortunate and improper. The lawmakers on the visit were led by the Deputy Speaker of the House of Representatives, Hon. Idris Maje, and they donated an undisclosed sum of money to the Plateau State COVID-19 Trust Fund to assist government deal with the pandemic. Maje said the donation was in appreciation of the measures taken by the state government so far in dealing with the pandemic through several measures.
Children into Almajirai Education System Governor Nasir El-Rufa’i of Kaduna State has warned that parents who enroll their children into the Almajirai education system stand the risk of prosecution and up to two years jail. El-Rufa’i stated this in Kaduna yesterday when he visited some 200 Almajiri children repatriated from Nasarawa State and undergoing rehabilitation and optical screening at Government College, Kurmin Mashi, Kaduna. The governor also said that
any Islamic cleric who enrolls any child into the Almajiri system would also be prosecuted and jailed as well as fined N100,000 or N200,000 per child. He said that all the Almajiri pupils repatriated from other states of the country were indigenes of the state, adding that the government would give them all the opportunity they deserved to grow and develop. El-Rufai expressed satisfaction with the ongoing transformation of the Almajiri pupils from
hopelessness to hope and confidence. According to him, the state has a responsibility to do whatever it can to give them hope and a better future. “We will, therefore, continue to take delivery of every Almajiri pupil indigenous to Kaduna state for rehabilitation, treatment and enrollment into formal school nearest to where their parents live. “We will continue to do this until we clear Kaduna state of the menace of Almajiri system,
which is not education but the abuse of the privilege and future of a child. “Our ultimate goal is for them to acquire formal education without depriving them of the opportunity to acquire Quranic education. “They will continue their Quranic education but under the care of their parents and not under someone who does not know them or paid to look after them.”
Judiciary Workers Fault Govs’ Opposition to Financial Autonomy The Judiciary Staff Union of Nigeria (JUSUN) has faulted the reported opposition by governors to the Executive Order 10 recently signed by President Muhammadu Buhari JUSUN, while hailing President Buhari for giving effect to the constitutional provisions granting autonomy for state Judiciary and legislature, expressed regret that state governors were opposed to
measures aimed at promoting democracy and federalism by strengthening the other arms of government. JUSUN’s National President, Marwan Mustapha Adamu, in a statement yesterday, said his union was waiting for the governors to carry through their threat to challenge the Executive Order 10 in court. Adamu, who recalled his
union had got judgment on the issue, which most of the governors have refused to obey, expressed disappointment that governors, who are all direct beneficiaries of various court judgments, are the ones now choosing which court judgment to respect. The JUSUN chief recalled that the governors neither comply nor appeal the 2014 judgment
given in favour of his union by the Federal High Court when it went to court for the interpretation of Section 121(3) and other relevant sections on judiciary autonomy. He stated that for JUSUN and its members, there is no going back on the issue of financial autonomy for judiciary, adding: “we won’t rest unless that is actualised.
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NEWSEXTRA
Wike Pays N450m Compensation to Victims of 2019 Elections Ernest Chinwo in Port Harcourt Rivers State Governor, Mr. Nyesom Wike, has released N450million to victims of the 2019 general election in Ijaw communities of Abonema in Akuku-Toru Local Government Area of the state. The governor, who met with the victims, deceased families and the council of chiefs at their town hall in Abonema yesterday said their bank account numbers would be credited with the amount of money due them from Wednesday
(tomorrow). The governor, who was represented by the Secretary to the State Government (SSG), Dr. Tammy Danagogo, named categories of beneficiaries as families of deceased persons, the wounded; those, who lost their properties including phones among others. He recalled that during a church programme organised by the community after the election to mourn the deceased, the governor, who was in attendance, said he
would compensate all the victims. Danagogo said in keeping his promise, Wike constituted a committee led by the deputy governor with a mandate to
identify and list all victims of the violence, which he said was orchestrated by the army. He said following the report of the committee, the governor
released N450million and insisted that the money should be paid to the accounts of the beneficiaries. “We came to inform the community that the money is
ready and by Wednesday you will begin to receive the alerts. Money is not enough to compensate the people of Abonema especially those, who lost their lives.
Two Persons Killed in Borno IDP Camp Fire Michael Olugbode in Maiduguri Two persons were killed in an inferno at an internally displaced persons (IDPs) camp in Maiduguri, the Borno State capital, the Chairperson of the state Emergency Management Agency (BOSEMA), Hajiya Yabawa Kolo, has said. Kolo, made the revelation yesterday while receiving food and non-food items from the National Emergency Management Agency (NEMA) to relieve the victims of the fire incident. She also lamented that the fire incident which occurred last Saturday night equally destroyed 1,613 makeshift shelters at the Muna IDPs camp at the outskirts of Maiduguri. Kolo also decried that the fire incident which occurred at the eve of the Eid-el-Fitri also destroyed food and other means of livelihood at the camp.
It was gathered that the inferno, which was traced to an accident at the cooking points, left 1,613 households and 9,678 people affected. The inferno could not be put out, as the makeshift shelters were clustered with a windstorm that fueled the spread of inferno to other IDPs’ houses. It destroyed all the two sources of water at the camp leaving NEMA to temporarily commence distribution of water through water tankers. The acting Zonal Coordinator of NEMA, North East, Mr. Ishaya Chinoko, who represented the Director-General, AVM Mohammed Mohammed (rtd) at the presentation, said the Minister of Humanitarian Affairs, Disaster Management and Social Development, Hajiya Sadiya Umar-Farouk, instructed that relief items be distributed to the fire incident.
Delta LG Evicts Herdsmen from Bushes Omon-Julius Onabu inAsaba In a bid to check the growing insecurity in Oshimili North Local Government Area of Delta State, the Chairman of the council area, Mr. Louis Ndukwe, has issued an executive order authorising the eviction of herdsmen from the bushes within the council area. The executive order by Ndukwe has directed those residing in the bushes to vacate their camps within seven days or have their structures demolished. Growing criminal activities, including kidnappings, killings, armed robberies and rapes, in many parts of the state have been blamed on criminal elements that have infiltrated the ranks of nomadic herdsmen who often defy local laws by setting up illegal camps in the bushes and grazing on farmlands
armed with automatic weapons. Oshimili North, Aniocha North and Aniocha South LGAs, all of which border Asaba, the state capital, Ika South, Ika North-East, Ndokwa East, Ndokwa West, Ughelli North, Ethiope East and Ethiope West LGAs are among the local government areas where attacks by suspected herdsmen have led to many deaths, kidnappings and destruction of properties in the state recently. Nevertheless, Ndukwe said the order had become necessary in the light of recent security challenges, including the alarming rate of kidnappings, killings, rape and maiming of residents in Oshimili North LGA believed to be masterminded by criminal elements who take refuge in hamlets or camps built by herders in the bushes.
Tinubu Hails Aregbesola at 63 National Leader of All Progressives Congress (APC), Senator Bola Ahmed Tinubu, has congratulated the Minister of Interior, Mr. Rauf Adesoji Aregbesola, on his 63rd birthday. Tinubu commended him for his pioneering inspirational leadership in Osun and for his continued service to Nigeria. In a statement congratulating him on his 63rd birthday issued by his Media Office and signed by Mr. Tunde Rahman, the former Lagos State Governor said: “Aregbesola has done a lot for his state and country. He laid the foundation for the infrastructural development of
Osun State and turned it to what it is today: a modern state. “He is creative and innovative. He provided inspirational leadership in Osun and now at the centre in Abuja. “An engineer and political activist, Aregbesola made the difference in Lagos as Commissioner for Works and Infrastructure for eight years; in Osun as governor for two terms and at present as Minister of Interior. “He is resolute and committed to worthy causes. He is bold, courageous and always eager to take decisions that would impart the lives of a majority of our people.
VIOLATING SOCIAL DISTANCING ORDER...
Some officials of Ummul Aytam Marayu Foundation, during the distribution of clothes and food items to 120 orphans and widows to mark Eid el-Fitr celebration in Kaduna...yesterday
Ethiopian Airlines Denies Deal with Canada on Evacuation of Nigerians Chinedu Eze Ethiopian Airlines has denied any deal with Canada High Commission to evacuate Nigerians from Canada. This is despite the earlier instruction by the Canada High Commission directing evacuees to buy Ethiopian Airlines ticket at the cost of $2,500 for economy class, but the East African carrier said it was not contacted to evacuate Nigerians
from the North American country. Astatement signed by the General Manager of Ethiopian Airlines in Nigeria, Firihewot Mekonnen, noted that the evacuation exercise is a responsibility of the Nigerian Government. The statement explained further that Ethiopian Airlines evacuated 187 Canadians and Resident Permit holders from Nigeria on May 21, 2020, from Lagos airport on Boeing
B787 to Addis Ababa for onward transfer to Canada. “Ethiopian Airlines evacuated 187 Canadians and resident permit holders from Nigeria on May 21 from Lagos airport on B787 to Addis Ababa for onward transfer to Canada. Ethiopian Airlines has been operating regular flights between Addis Ababa and Toronto in Canada for ymany ears.
“More Canadians will be evacuated as arrangements are ongoing. Ethiopian Airlines is ready to operate any flight for evacuation when requested by the respective government and agencies. As at now, the airline has already operated such flights and is having an on-going discussion to evacuate Canadians and Canada resident permit holders from Nigeria.
Rivers Has Infected My Manager With COVID-19, Says Owner of Demolished Hotel The owner of Prodest Hotel, Eleme, which was demolished for allegedly flouting lockdown order in Rivers State, Mr. Promise Gogorobari, has accused the state government of infecting his manager, with COVID-19. In a statement issued yesterday, Gogorobari said his manager was healthy before he was detained on the orders of Governor Nyesom
Wike. The Cable reported that the state Commissioner for Information, Mr. Paulinus Nsirim, had listed Bariledum Azoroh, the manager, as one of the 27 people who recently tested positive for the disease. “Rivers State has recorded 27 new positive coronavirus cases. The manager of Prodest Hotel, Eleme is among the new positive cases,” the
commissioner said in a statement. “Recall that Prodest Hotel was demolished two weeks ago because the owners violated executive order 7 whichbanned the operation of hotels. “TheCOVID-19Taskforcemembers from the local government who went to enforce the executive order were brutalised and dehumanised leading to the death of one of them.” But Gogorobari said Azoroh’s test
result is fake, alleging that the state government is using the quarantine law to abuse the rights of citizens. He said after his manager was arrested,hewasdetained at a “gangster stadium facility.” “The Rivers State government and governor of Rivers State must be held liable for infecting my manager who is in their custody for over 15 days with COVID-19,” he said.
C’River LG Elections to Hold on Saturday Bassey Inyang in Calabar The Cross River State Independent Electoral Commission (CRSIEC) has announced that it will conduct local government elections on May 30, 2020. The election, originally billed for last year, has suffered several postponements, the last being the shifting of the council polls from March 28, 2020, due to the outbreak of the COVID-19
pandemic. A notice of polls signed by the Chairman of CROSIEC, Dr. Mike Ushie, on May 22, 2020, indicated that the political parties participating in the council polls have been notified of the new date, and timetable for the conduct of the elections to produce substantive 18 local government area chairmen and 196 councillors is out. The notice read in part: “Notice
is hereby given to all citizens of Cross River State that the 2020 local government elections earlier scheduled to take place on the March 28, 2020, shall now take place on May30, 2020. “That all citizens of the state are called out to vote and be voted for as it shall be a one man one-vote election. “Accreditation and voting will start by 8.00 a.m. on that day and close by 3.00 p.m. to give
room for collation. All movement on that day would be restricted except those on essential and election duties. Markets and shops shall remain closed within the period. “Voting shall take place at all polling stations, and no loitering shall be entertained at such zones. Security agencies are hereby requested to maintain adequate security throughout the period.”
I’ve Lost My Best Friend of 40 Years, Ikpeazu Laments Emmanuel Ugwu in Umuahia Abia State Governor, Dr. Okezie Ikpeazu, has expressed deep pains following the death of his Commissioner for Environment and closest confidant, Dr. Solomon Ogunji, saying his death “is definitely very hard for me to swallow.” “I didn’t just lose a commissioner, I lost my best friend of over 40 years,” he lamented,
adding that Ogunji’s demise was “a deeply profound personal loss.” Ogunji passed away on May 23, 2020, at the Abia State University Teaching Hospital (ABSUTH), Aba, after a brief illness linked to high blood pressure. The governor, who was emotionally distraught for losing a longstanding friend, said his friendship with late Ogunji started when the deceased was 13 and it had blossomed ever since.
According to him, their friendship grew and solidified to the extent that no one else has come closer to him in terms of personal relationships other than the late environment commissioner. In his poetic elegy, the mournful Ikpeazu recounted with fond memories his long span relationship with Ogunji. According to him, “We grew up together; attended the same
secondary school where we were classmates. I cannot remember any other person that shares with me the kind of relationship I had with Solo. “Many years ago, we both lost our fathers and incidentally, the two burials were fixed for the same day. While the funeral service for his father was still on before the burial proper, he left his village at Ohambele Ndoki and joined me at Umuobiakwa.
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Court Upholds INEC’s Power to De-register Political Party Davidson Iriekpen The Federal High Court sitting in Abuja has upheld the powers of the Independent National Electoral Commission (INEC) to de-register the National Unity Party (NUP) as a political party. The presiding judge of the court, Justice Taiwo Taiwo, found that INEC validly exercised its powers in Section 225A of the 1999 Constitution (as amended),
when it deregistered NUP as a political party. He held that the party provided no evidence that it met the criteria for it not to be de-registered. The judge made the pronouncement in NUP’s suit filed on February 24, 2020 against INEC The suit sought four reliefs, including an order nullifying its or any other party’s de-registration by INEC “until election is fully
Buhari, Sultan, Others Pay Tribute as New Telegraph Buries Saturday Editor, Bakare President Muhammadu Buhari; Sultan of Sokoto, Alhaji Saad Abubakar, and Mudeer of Morcas, Agege, Sheikh Habeebullah AdamAbdullah Al-Ilory, yesterday paid tribute to the late Editor, Saturday Telegraph, Mr. Abdul Waheed Bakare. Bakare died on Sunday at the age of 50 years and was laid to rest yesterday in his house at Sango Ota area of Ogun State, according to Islamic rites. President Buhari who commiserated with the media industry, particularly Nigeria Union of Journalists (NUJ) and Nigeria Guild of Editors, over the death Bakare’s death, said in a statement by the Special Adviser to the President on Media, Mr. Femi Adesina, that Bakare’s death was a collective loss to the media and the country, which he served passionately with his talent. The President condoled with the family of the deceased, and management of New Telegraph Newspapers, praying that God “would receive the soul of the departed and comfort all that mourn him.” The Sultan who doubles as the President General, Nigeria Supreme Council for Islamic Affairs (NSCIA) said in a statement by the council that Bakare, whom he described as a devoted Muslim, would be missed by Ummah. He prayed unto Allah to forgive all his trespasses while on earth, grant him eternal rest and put him in Al-Janah Firdaous (best place in Paradise). Speaking at the funeral programme held at his residence in Ota, Mudeer of Morkaz, Agege, Sheikh Habeebullah
Adam-Abdullah Al-Ilory, also extolled the virtues of the late editor. Al-Ilory who was described as a father figure to Bakare, was represented at the funeral by the Cheif Imam of Oluwakemi Central Mosque, Imam Ibrahim Ayuba. Ayuba in a special sermon said that Al-Ilory tasked everyone to learn from Bakare’s death by preparing for their grave through good deeds. “The deceased was an epitome of kindness and compassion. He was kind to everyone he met. All that he did was a preparation for today that he is no more. How are you too preparing for your last day?” He quipped. The Managing Director of New Telegraph, Mr. Ayodele Aminu; Editor, New Telegraph, Mr. Ayodele Ojo and Editor, Sunday Telegraph, Mrs. Juliet Bumah, led other members of management and staff of New Telegraph to pay last respect to the deceased.
The Acting Chairman of the Investments & Securities Tribunal (IST), Hon. Jude Ike Udunni, has announced that the tribunal would resume sitting on Wednesday, May 27. Udunni stated that the sittings would deal only with urgent matters that did not require testimonies from witnesses. He emphasised that sittings of the tribunal would be physical and not virtual and directed that all COVID-19 protocols as stipulated by the Nigeria Centre for Disease Control (NCDC), the National Judicial Council (NJC) and the Office of the Head of Civil Service of the Federation (OHCSF) should
In support of the application, the party filed an 18-paragraph affidavit deposed to by Abigail Audu on January 21, 2020. Mr. C.K. Eburuo appeared for the plaintiff, while Mr. Emeka Obegolu represented INEC. Dismissing the plaintiff’s case, Justice Taiwo held, among others, that the plaintiff failed to prove its case. “On the violation of section 225A(c) of the Constitution (supra), the plaintiff has contended that chairmanship and councillorship
elections are yet to be conducted in various states and as such it ought not to be de-registered. “This court finds this untenable as it will be preposterous to interpret the said provisions to be dependent on purported conduct of all local government or area council elections at whatever time it is conducted,” he said. The court also took judicial notice of the fact that all elections contemplated within the ambit of Section 225A of the Constitution have been held since NUP’s
registration as a political party. “There is nothing before the court to show that the plaintiff, even in the states where elections into local governments have been held, has met the criteria for it not to be de registered. “Furthermore, the plaintiff has not shown how the exercise of the power was at variance with the law or ultra vires. The act of de-registration of the plaintiff is within the vested constitutional powers of the defendant.
PROVIDING SUCCOUR TO THE NEEDY...
Some officials from the North-east Zonal Office of National Emergency Management Agency (NEMA), providing drinking water for Internally Displaced Persons (IDPs) at Muna Albadawy IDPs camp in Borno State...yesterday
APC Vice Chairman Backs Direct Primary in Edo The National Vice Chairman, North-Central, of the All Progressives Congress (APC), Mr. Suleiman Wambai, has said direct primary election in Edo State is the only way to go to avoid a repeat of the Zamfara State’s experience. The APC chieftain stated this while briefing journalists yesterday in Lafia. According him, there are three ways candidates of the party can emerge in any state.
“A candidate can emerge either through consensus, direct or indirect primaries, depending on what the party decides in any given state. “The leadership of the party at the state level has been empowered by the APC constitution, to decide which mode of primaries to adopt in their state,” the vice-president said. Wambai, however, stated that the national headquarters
of the party approved direct primaries for the upcoming election in Edo because there were factions in the state. “If you allow any of the factions to select the governorship candidate for the party in the state, it can be quashed by the court, just like it happened in Zamfara during the 2019 elections. “So, to avoid the Zamfara experience, the party at the national level decided that
direct primaries is the only way out,” Wambai stated. The APC chief said they were working assiduously to lobby for more Federal Government presence in the zone, in terms of projects and appointments. He lauded President Muhammadu Buhari’s developmental strides and pledged the support of members of the party in the zone to enable him to succeed.
NAF Builds Airstrip in Damaturu to Boost War against Boko Haram Michael Olugbode in Maiduguri
Bakare
Investment Tribunal to Resume Physical Sitting Ndubuisi Francis in Abuja
conducted in the 774 local government councils and the 36 states of the federation.” The other reliefs included a declaration that INEC has no power under section 225A of the Constitution “to de-register the plaintiff as a political party or any other political party for failure to win any of the offices mentioned therein or score certain per cent of votes mentioned therein without the completion of election in the 774 local government areas in Nigeria and all the states of the federation.
be observed by staff and clients alike. The acting chairman said: “Only lead counsels will be allowed in court so as to ensure that the two metres social distancing rule is strictly adhered to. No Person(s) will be admitted to the tribunal’s premises without a facemask and body temperature gauged. Hand sanitisers and mechanical hand washing machines have been placed strategically within the premises of the tribunal.” The tribunal, according to him, would resume sitting with a ruling in the matter between Mr. Bamidele Olaniyan against Partnership Investment Limited and three others in Abuja.
The Chief of Air Staff (CAS), Air Marshal Sadique Abubakar, has announced that the Nigerian Air Force (NAF) has commenced the construction of an airstrip in Damaturu, the capital of Yobe State that would facilitate seamless air bombardment of Boko Haram bases in the Northeast region. Speaking yesterday at the Sallah luncheon he had with the troops of the Air Task Force of Operation Lafiya Dole, Abubakar said the airstrip would further
boost the ongoing operation against Boko Haram/ISWAP terrorists in the region. He said the completion of the airstrip would also ensure that helicopter gunships on air bombardment of Boko Haram enclaves in Yobe State would no longer return to Maiduguri for refueling and servicing as was previously the case. The CAS explained that hosting frontline troops during festivity period to boost their morale has been a culture he had maintained since his appointment in 2015 as the CAS, which the culture fosters comradeship and give NAF the
opportunity to socialize while on duty of securing the nation against criminal elements. Abubakar said: “During my last operational visit to Maiduguri, we highlighted the immense contributions of the Nigerian Air Force through the Air Task Force Operation Lafiya Dole in the fight against insurgency in the North East. “These contributions have no doubt helped to shape the theatre of operation and provided freedom of action for the ground troops. Despite the challenges of competing resources and COVID-19 induced lockdown,
we have through pragmatic planning and foresight, maintained the tempo of Nigerian Air Force Operations, not only in the North East, but in other parts of the country. “I want to reiterate that not only are we going to sustain operations, we will continue to leap forward based on my key drivers. We have kept the pace in training of both air and ground crews, developed the regiment’s speciality to defend our bases and increased the force structure of the service, whilst building more accommodation and office infrastructure to cope with the growth.
Anambra Govt Reduces 2020 Budget by N24.3bn David-Chyddy Eleke in Awka The fall in the global prices of crude oil occasioned by the coronavirus pandemic has forced Anambra State Government to review its 2020 budget. The state Commissioner for Economic Planning, Budget and Development Partners, Mr. Mark Okoye, announced that the state government has reduced its 2020 budget by about 16 per cent. The budget was reduced from
N137.1 billion to N112.8 billion, representing a reduction of about N24.3 billion from the original amount for the year. The revised total revenue, the commissioner said in a virtual budget session presided over by him, represented a drop of 29 per cent from the projected N158.6 billion to N112.8 billion. He said part of what necessitated the review was the fall in crude oil prices. According to Okoye, “The
breakdown shows that recurrent expenditure will decline by 18.9 per cent from an initial N58.8 billion to N47.7 billion, while total capital expenditure had been reduced by 16.9 per cent from N78.4 billion to N65.1 billion. “The review became necessary in view of the raving COVID-19 pandemic across country and the world.” He added that the budgets of critical sectors like health,
water and sanitation were left untouched, to ensure that there would be a buffer to contain COVID-19 outbreaks and associated social distancing and economic fall-out. Okoye drew special attention to key underlying guidelines during the 2020 budget revision, affirming that nonessential items in the budget have either been reduced or stripped from MDAs capital expenditure budget.
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NECA Urges More Aggressive Actions to Shore up GDP Growth Chris Uba The Nigeria Employers’ Consultative Association (NECA) has stressed the need for the fiscal authorities to develop a more aggressive and decisive policies to sustain an economic recovery in the wake of declining oil prices. This, it said, would require a more coordinated stimulus packages targeted at the worst-hit sectors to sustain the economy from experiencing contraction of 8.9 per cent as predicted. The NECA’s position, which was contained in a statement yesterday, is a reaction to the announcement made last Thursday by the Minister of Finance, Zainab Ahmed, that Nigeria’s economy could shrink as much as 8.9 per cent in 2020 in a worst-case scenario without stimulus-a deeper recession than
forecast after oil prices plunged due to the coronavirus pandemic. Ahmed told the National Economic Council that the contraction could reach 4.4 per cent in a best-case scenario, without any fiscal measures. But with stimulus, the contraction could be kept to just 0.59 per cent, she said, adding that the pandemic and an oil price plunge have not only hit growth but also dented the state main source of income, creating large financing needs and weakening the naira. Nigeria’s economy, like every other economy in the world, is faced with grave threat, most especially oil dependenteconomies, an indication of the headwinds the economy is facing from the coronavirus pandemic and low crude prices, reflecting in the fall in government revenue.
Nevertheless, the country’s economic growth as released by National Bureau of Statistics (NBS) indicated an expansion by
1.87 per cent in the first quarter of the year, compared with growth of 2.55 per cent in the previous quarter.
The slowdown in the GDP growth reflects the earliest effects of the disruptions on non-oil economy, coupled with an
escalating war of words between the United States and China which resulted in low demand in global oil product.
Gombe Discharges 44 Almajirai ENFORCING MOVEMENT RESTRICTIONS... after Two-week Quarantine Pedestrians stranded as Anambra State Government locks Asaba end of the Niger Bridgehead to prevent interstate movement in Asaba, Segun Awofadeji in Gombe Gombe State Government has discharged another set of Almajiri children from the Amada quarantine camp having tested negative to the COVID-19 pandemic after completing their two weeks quarantine period in the state. The 44 children discharged yesterday were part of the batch of 64 children at the transit camp, with the remaining 20 children awaiting their test results later today. The state Governor, Alhaji Muhammadu Inuwa Yahaya, said
at a ceremony that the Almajiris are children (indigenes) of the state, and urged the people not to stigmatise them. Represented by the state Commissioner for Education, Dr. Habu Dahiru, the governor admonished the children to be ambassadors on the campaign against the spread of the virus as they would be provided with face mask and other preventive materials so that they would enlighten their families and peers on the dangers of COVID-19. He said the children would be handed over to the Balanga Local Government Area administrator.
Rotary Club Distributes Palliatives in FCT Chuks Okocha in Abuja The Rotary Club of Abuja Cosmopolitan district 9125 has distributed palliative items to some physically challenged persons at the Karamajiji Disabled Colony in Abuja Municipal Area Council. The items, which were donated last Saturday, were part of efforts to cushion the effect of the COVID-19 pandemic ravaging the world since its outbreak. According to THISDAY reports, the donated items included tubers of yam, loafs of bread, cartons of sachets Milo and milk as well as sugar.
While presenting the items, the out-going President of the club, Ms Chinwe Ogbuka, said the Rotary Club as a humanitarian organisation offered the gesture to support the people who were one of the less privileged groups in the society. Ogbuka said the Karamajiji Disabled Colony was one of the adopted communities the club had beensupporting in the past two years. She noted that the initial plan for this year, was for the Rotarians to have breakfast with the people, but that the COVID-19 pandemic did not allow the plan to go through.
Aagbaakin Bashorun of Ibadanland Donates N10m to Oyo Govt The fight against COVID-19 in Oyo State has received a boost with the donation of N10 million to the state government by the Managing Director of Megamound, the Aagbaakin Bashorun of Ibadanland, Asiwaju Olumide Osunsina. The donation, which is meant to assist the state government, Osunsina noted had been effective in curbing the spread of the pandemic. According to him, the broad and timely measures taken by the state government were highly commendable and worthy of support as they have helped in alleviating and containing the spread of the deadly virus. Osunsina particularly commended the state Governor,
Seyi Makinde, for his resilience in catering for the wellbeing of the people despite the economic crunch occasioned by the pandemic, and reiterated his readiness to work conscientiously with him to overcome the challenge. He equally pledged to join the governor, residents as well as the country to pray for an end to the spread of the virus. The Megamound chief executive urged the people of Oyo State to demonstrate a high level of patriotism by strictly following directives by the government such as the use of face masks, regular hand washing and the use of hand sanitisers in order to reduce the spread of the disease.
Delta State...yesterday
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PDP Felicitates With Clark At 93 Condoles with Ikpeazu over commissioner’s death Chuks Okocha in Abuja The Peoples Democratic Party (PDP) yesterday congratulated elder statesman and former Federal Commissioner of Information, Chief Edwin Clark, as he marks his 93rd birthday. In a felicitation message signed by the National Publicity Secretary, Kola Ologbondiyan, PDP commended him for his dedication, commitment and sacrifices towards the unity, stability and progress of the
country, especially his unrelenting effort towards the engraining of democratic ethos in Nigeria. The party said Clark has continued to demonstrate an extra-ordinary zeal in championing for accountability, strict adherence to the demands of rule of law and the tenets of federalism, particularly the constitutional provisions for the rights, liberty and aspirations of Nigerians at every tier of his national life. The PDP further said it is
thankful to God for keeping Clark in good health so that Nigeria can continue to draw from his statesmanship, humility, honesty, courage and forthrightness on national issues. The party joined his family members, friends and well-wishers in celebrating the eminent Nigerian, and prayed to God to grant him more years in good health to continue in his selfless service to his fatherland and humanity in general.
Meanwhile, PDP also commiserated with Abia State Governor, Okezie Ikpeazu, over the death of the state Commissioner for Environment and the governor’s best friend, Mr. Solomon Ogunji. The party comforted Ikpeazu, who had been thrown into deep mourning over the loss of his most trusted ally and associate, who exhibited uncommon commitment towards the success of the administration through his dedication to all assignments given to him.
FG Threatens to Dismiss Workers Leaking Official Documents OlawaleAjimotokaninAbuja The federal government has threatened to dismiss officers caught leaking official documents on social media. It said recent “unfortunate unauthorised disclosure of official documents on social media” was embarrassing and therefore unacceptable. The Head of the Civil Service of the Federation, Dr. Folasade YemiEsan, issued the threat in a circular
marked HCSF/109/S.1/120 with the title, ‘Unauthorised circulation of official documents/information on social media.’ Yemi-Esan, in the May 22 circular, however, described leaking of official documents as “an act of serious misconduct” which attracts dismissal as contained in the Public Service Rules. The circular read, “The attention of the Office of the Head of Service of the Federation has been drawn to the recent unfortunate unauthorised
disclosure of official documents on the social media. “In some cases, official documents that have been minuted on are also leaked. This irresponsible and reckless action is an act of serious misconduct with a penalty of dismissal from service as provided for in Public Service Rules Nos. 030401 and 030402. “The ugly development is embarrassing to government and therefore not acceptable. Any public officer caught engaging in this act of serious misconduct will be severely
dealt with in accordance with the provisions of the Public Service Rules. “Permanent secretaries are to draw the attention of all their staff to the content of this circular and the consequences of breaking the rules.” The circular was addressed to the Chief of Staff to the President; Deputy Chief of Staff to President, Office of the Vice President; all ministers; Secretary to the Government of the Federation; all permanent secretaries; and service chiefs/ lnspector-General of Police.
Adeleke Adebiyi Foundation Donates to Ondo Communities Sunday Okobi In its efforts to lessen the hardship being experienced by Nigerians as a result of the COVID-19 pandemic, Adeleke Adebiyi Foundation has donated relief materials to the people of Idoani community in Ondo State. Prince Adebiyi Adeleke Adedoyin, the founder of the Foundation, and an illustrious son of
the community based in the United States of America, said the gesture was necessary to support the efforts of the state and federal government in cushioning the socio-economic effects of the pandemic. He said the virus has ravaged the world and brought untold hardship to the people of the community in particular, especially the elderly ones as well as widows and orphan. Adeleke, who carried out the
exercise under the auspices of his foundation, said his foundation was committed to ensuring that his people find succour at a time like this. The exercise, which was coordinated by a business tycoon in the state and a member of the foundation, Mr. Omodara Tosin, had people from the four communities that makes up Idoani clan benefiting directly from the
palliatives, namely: Ishewa, Ako, Amusigbo, Isure, Iyayu, and Owani. Tosin added that many people have benefited from the philanthropic largesse of Adeleke. “Cash gifts ranging from millions of naira were also donated to friends and the downtrodden Nigerians in Lagos, Ogun, and Kano state,” he stated during the exercise.
NITEL Pensioners Lament Delay in Payment of Housing Loan, Pension Sunday Okobi Retirees and pensioners of the NITEL/MTEL has decried the alleged refusal/delay of the Federal Mortgage Bank in Abuja to give them their housing loans which they said was deducted from their salaries while actively working as staff of the company. In a statement signed and made available to THISDAY on
behalf of the pensioners by former Senior Officer 1 (Technologist) of NITEL, Mr. Samuel Urubusi, who is also a retired staff, the retirees expressed anger over non-payment of housing funds as well as their pension arrears. He stated that about 3,000 out of 11,000 retirees of NITEL/MTEL got their housing funds, while others are still waiting for theirs; querying why some retirees got
their refunds, and others are yet to get theirs. He added that PTAD is yet to release the 83 months’ pension arrears to NITEL/MTEL retirees despite it being captured in the 2020 budget, while other companies like NICON Insurance, Nigerian airways among others have been paid since 2019. “We are, therefore, appealing for the urgent intervention of the
Minister of Finance, Budget and National Planning, Mrs. Zainab Ahmed, who is also a former NITEL staff and the Economic and Financial Crimes Commission (EFCC) in this matter in order to save the lives of pensioners and their families due to the non-payment of housing funds accrued pension arrears and delay in payment of our monthly pension,” the statement said.
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Group Sports Editor Duro Ikhazuagbe Email duro.ikhazuagbe@thisdaylive.com 0811 181 3083 SMS ONLY
Ighalo Set for China Return as Man Utd Fail to Meet Shanghaiâ&#x20AC;&#x2122;s Demand Striker Odion Ighalo looks set to return to China when his loan deal expires on 31 May after Manchester United were unable to agree an extension with Shanghai Shenhua. The Nigerian, 30, was signed on a short-term loan deal in January as cover for striker Marcus Rashford, who had been ruled out by a back injury. However, the impact of the
Odion Ighaloâ&#x20AC;&#x2122;s dream of a permanent deal with Man Utd botched
coronavirus pandemic means Ighaloâ&#x20AC;&#x2122;s loan will end before the Premier Leagueâ&#x20AC;&#x2122;s intended June return date, by which time Rashford is also expected to be fit. United have already decided not to sign Ighalo permanently, but manager Ole Gunnar Solskjaer would like him for the rest of the season, given they are still in three competitions and could play up to 18 games in just over two months. A lifelong United fan who has scored four goals in eight appearances for the club, Ighalo wants to stay at Old Trafford if possible. However, negotiations with Shanghai have proved difficult, with the Chinese Super League club insistent the player returns as planned. Ighalo returned for training with United last week and it is understood he will report to Carrington this week as the club explore any opportunity to keep him until the end of the season. Meanwhile, United have
waived future fees, and back dated some, of three clubs with players on loan.
Hearts, Burton, and Bolton are each expected to save a five-figure sum on their loan
deals for - respectively - Joel Pereira, Kieran Oâ&#x20AC;&#x2122;Hara and Ethan Hamilton.
United have made the gesture in recognition of the financial strains some clubs face.
R-L: Tiger Woods and Peyton Manning celebrate defeating Tom Brady and Phil Michelson in The Match golf contest that fetched $20million for Covid-19 relief in Florida, USA
Woods, Manning Beat La Liga to Resume with Real Betis, Sevilla Derby on June 11 Michelson, Brady to Raise $20m for COVID-19 Relief Tiger Woods and Peyton Manning beat Phil Mickelson and Tom Brady in late Sundayâ&#x20AC;&#x2122;s charity golf match which raised $20m (ÂŁ16.4m) for coronavirus relief efforts in the United States. Legendary NFL quarterback Brady hit the shot of the day, holing out from the fairway on the seventh. â&#x20AC;&#x153;I take my hat off to Tom and Peyton,â&#x20AC;? said Woods. â&#x20AC;&#x153;This is our arena, this is what we do for a living. â&#x20AC;&#x153;I couldnâ&#x20AC;&#x2122;t imagine going on the field and do what they do,â&#x20AC;? he added. The event was played between four of the United Statesâ&#x20AC;&#x2122; biggest sports stars at a rainy Medalist Golf Club in Florida - Woodsâ&#x20AC;&#x2122; home course - with no caddies and players driving their own golf buggies. It follows Rory McIlroyâ&#x20AC;&#x2122;s ÂŁ4m skins eventlast week involving fellow golfers Dustin Johnson, Rickie Fowler and Matthew Wolff also in aid of charity.
The 18-hole match included on-course challenges for charitable funds - and plenty of trash talk. Six-time Superbowl winner Brady had been getting a hard time from NBA great and commentator Charles Barkley just before he hit a 100-yard wedge shot into the hole on the seventh. â&#x20AC;&#x153;When the going gets tough, the tough get going,â&#x20AC;? joked Brady. Then, after giving a short speech, Brady - who joined Tampa Bay in March after 20 years with New England - bent down and split his trousers as he picked the ball up from the cup. The event comes two-anda-half weeks before the PGA Tour plans to resume its season on 11 June. Woods, 44, who last competed in February and then withdrew from a number of tournaments with a back injury, said he is healthy and ready to play when the Tour resumes.
Transfer: Siasiaâ&#x20AC;&#x2122;s Former Club, Nantes, Sign Moses Simon Samson Siasiaâ&#x20AC;&#x2122;s former club, FC Nantes have taken up the option to sign Moses Simon on a permanent basis after a successful loan spell and have handed him a four-year contract. Simon, 24, has signed a deal till June 30, 2024, to make him Nantes first signing for the new Ligue 1 season, according to French medium, Ouest-France. â&#x20AC;&#x2DC;The Canariesâ&#x20AC;&#x2122; paid
five million Euros to La Liga side UD Levante as stipulated in the loan agreement. He was the teamâ&#x20AC;&#x2122;s highest paid player on 150,000 Euros monthly. Simon, who has won 30 caps with Nigeria, scored nine goals and provided eight assists in all competitions for Nantes. He has previously played for AS Trencin in Slovakia and KAA Gent in Belgium.
A behind closed doors derby between Real Betis and Sevilla could restart the La Liga season on 11 June. La Liga President, Javier Tebas, told Spanish TV he hoped the match can be â&#x20AC;&#x153;a tribute to all the people who have diedâ&#x20AC;?. However, Tebas also warned footballers to â&#x20AC;&#x153;be careful with their actionsâ&#x20AC;? after four Sevilla players apologised for breaking rules on social gathering. Ever Banega, Lucas Ocampos,
Franco Vazquez and Luuk de Jong were pictured at a party at the weekend. Spain has eased its strict lockdown rules, but gatherings of more than 10 people are still not allowed. â&#x20AC;&#x153;Players are an example to society and should be careful with their actions,â&#x20AC;? Tebas said. â&#x20AC;&#x153;I call on all footballers to not act like this. We have to be very careful because a lot of peopleâ&#x20AC;&#x2122;s jobs are at stake.â&#x20AC;?
On Saturday, Spanish Prime Minister Pedro Sanchez gave permission for the countryâ&#x20AC;&#x2122;s top two divisions to resume from 8 June. La Liga players started training in groups of no more than 10 last week. Football in Spain was suspended on 12 March because of the coronavirus pandemic and Tebas said the next objective was to progress to full training. â&#x20AC;&#x153;Right now thatâ&#x20AC;&#x2122;s our main goal, and if we can achieve that
then we can start to bring forward the return of the competition. Our aim is to be able to announce the first four rounds of fixtures next week,â&#x20AC;? he added. â&#x20AC;&#x153;The governmentâ&#x20AC;&#x2122;s announcement took us by surprise but it shows that professional football is very important to this country.â&#x20AC;? Champions Barcelona lead La Liga by two points over nearest challengers Real Madrid with 11 matches remaining.
Lyon President Calls for Return of French Ligue 1 Lyon President, Jean-Michel Aulas, has called on French authorities to reconsider their decision to end the football season early. On 28 April, it was announced the Ligue 1 and Ligue 2 seasons would not resumebecause of the coronavirus pandemic. In a letterto Franceâ&#x20AC;&#x2122;s prime minister and sports minister,
Aulas said French football would face an â&#x20AC;&#x153;unprecedented economic and social crisisâ&#x20AC;?. Lyon were seventh when the season was ended, so miss European qualification. Ligue 1 is the only one of the big five European leagues to have ended its season, with the Bundesliga having resumed and the top flights in Spain, Italy and England
hoping for June restarts. The Dutch and Belgian leagues have also been terminated. â&#x20AC;&#x153;The Bundesliga resumed matches on 16 May, Spain will resume matches on 8 June. Italy, Russia and Portugal have resumed collective training and England is working on a resumption after 19 June,â&#x20AC;? Aulas said. â&#x20AC;&#x153;How can France not be
downgraded very quickly and see its professional football devalued?â&#x20AC;? The French government is expected to announce an easing of restrictions in the country on 2 June. â&#x20AC;&#x153;Many developments and hopes are expected on this date, so that France can gradually regain a good dynamic,â&#x20AC;? added Aulas.
BUNDESLIGA
Bayern Coach Insists Todayâ&#x20AC;&#x2122;s Clash with Dortmund Not Title Decider Bayern Munich Head Coach, Hansi Flick, insisted yesterday that todayâ&#x20AC;&#x2122;s top-of-the-table game against second-placed Borussia Dortmund is not a Bundesliga title decider. A win for leaders Bayern at the Allianz Arena would move them seven points clear of Dortmund with six games left. But Flick said: â&#x20AC;&#x153;Regardless of the result, nothing will be decided.â&#x20AC;?
Dortmund hope Germany centre-back Mats Hummels is fit enough to play after he went off injured at half-time during Saturdayâ&#x20AC;&#x2122;s 2-0 win at Wolfsburg. That victory briefly brought Dortmund to within one point of Bayern, who responded by restoring their four-point advantage with a 5-2 victory over Eintracht Frankfurt later in the day. Like Dortmund, Bayern
have won both of their games since the Bundesliga resumed behind closed doors on 16 May, following a two-month break because of the coronavirus pandemic. Bayern are chasing an eighth successive Bundesliga title but this would be their first under Flick, who replaced Niko Kovac as head coach in November. Bayern Chairman, Karl-Heinz Rummenigge, said that his club
have not taken up the option of turning Philippe Coutinhoâ&#x20AC;&#x2122;s loan deal from Barcelona into a permanent deal. The 27-year-old Brazilian midfielder is on a season-long loan, which included an option for Bayern to buy him for 120m euros (ÂŁ109.84m). â&#x20AC;&#x153;The option expired and we have not activated it,â&#x20AC;? Rummenigge told German magazine Der Spiegel.
Bereaved Victor Osimhen Arrives Lagos by Private Jet Victor Osimhen who lost his father on Saturday night has arrived in Nigeria. It was gathered that the Lille star arrived with three other national team players aboard a private plane provided by his Ligue 1 club.
He landed at the private wing of the Murtala Muhammed International Airport on Monday evening. The President of the Nigeria Football Federation (NFF), Amaju Pinnick had earlier disclosed that the federation was working with
the relevant federal agency to issue a landing permit for the private jet bringing the player. Osimhen has been prominent in the Super Eagles since coming in as a good replacement for goalpoacher, Odion Ighalo who
retired after limping off the pitch in Nigeriaâ&#x20AC;&#x2122;s match with Tunisia at the last Africa Cup of Nations in Egypt. In subsequent matches, Osimhen has found the net. No date has been announced yet for the burial of his father.
Tuesday May 26, 2020
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MISSILE Court to NUP “There is nothing before the court to show that the plaintiff, even in the states where elections into local governments have been held, has met the criteria for it not to be de-registered” – Federal High Court in Abuja upholding the powers of the Independent National Electoral Commission to de-registered the National Unity Party (NUP) as a political party.
TUESDAY WITH REUBENABATI abati1990@gmail.com
Africa, Eid-al-Fitr and The Virus T his year’s eid-al-fitr, the Muslim festival marking the end of the month of Ramadan, during which Muslims fast for 29 or 30 days, in observance of one of the Five Pillars of Islam, was celebrated on Saturday and Sunday May 23/24, but it was a different kind of eid. It was sombre, low key, and completely over-shadowed by the COVID-19 pandemic. In close to 100 years, there has been no eid like that: the world’s nearly 2 billion Muslims observed the Ramadan under imposed conditions. People were advised to avoid congregational prayers and stay in their homes. On Sunday, many could not observe the traditions of the eid either: the sharing of gifts, visits to family and friends to share goodwill, hugs and handshakes. In countries around the world, persons were advised to shun large gatherings for their own safety. Eid prayers could not be held publicly in Mecca and Medina. The Grand Mosque was noticeably scanty. Earlier, the Saudi Grand Mufti had advised against large congregations. In Egypt, the usually busy Al-Azhar Mosque in Cairo was empty. In the United Kingdom, the Muslim Council, ahead of the Eid-al-Fitri, advised Muslims to pray at home. In Indonesia, Pakistan, Thailand and Malaysia, congregational prayers were allowed but there was very strict adherence to precautions. In Thailand for example, worshippers who showed up for the Hari Raya, as the eid-al-fitri is otherwise known in that country, Malaysia and in Indonesia had to pass through health officials who checked their temperatures, gave them sanitizing gels, recorded their names and addresses so they can be traced and contacted in the event of a report of community spread of the virus. The people prayed but they kept away from one another. The main thing about COVID-19 is how it has imposed a regimen of observances on human behaviour and relationships. The fact that people are expected to comply or gamble with their lives for failing to do so, is what makes it all so surreal. The mode of compliance varied from one country to the other. The only uniting factor, however, is how on Sunday, the Muslim global community and indeed the entire world was reminded of how so much COVID-19 has disrupted our lives. This sub-text was driven home more poignantly when the New York Times on May 24, decided on a dramatic, all-type concept front page, listing the names and brief descriptions of about 1,000 Americans who had died from COVID-19 related complications. It was the first time in more than 40 years that the New York Times will not have an image on its front page. The published names were compiled from obituary notices in newspapers across the United States by a researcher - Alan Delaqueriere - and put together by a team led by Ms. Simone Landon, Assistant Editor, Graphics. There was also an inside-page essay by columnist, Dan Barry. For me, this was journalism at another level. The New York Times went beyond the raw data that is quoted daily by Johns Hopkins University which tracks the incidence of COVID-19 in the United States (over 1.6 million confirmed cases, and over 98, 000 deaths – the highest COVID-19 figures in the world!). The newspaper gave names to the statistics and conveyed a sense of the uniqueness of those that died. Whoever reads that list is bound to realize how it is so easy to be alive at one moment, only to end up on a list of corpses in a short moment. The
Sultan of Sokoto, Sa’ad Abubakar unpredictability of human transitions is what therefore makes it alarming that certain persons knowing how the grim reaper is on rampage, riding the vehicle of a virus, would engage in suicidal and risky behaviour. These were my thoughts as I read the New York Times on the day of the eid-al-fitri, and reflected on the sharp variations in how the eid was celebrated especially in sub-Saharan Africa where religion is a virus of sorts. Whereas North African countries (Morocco, Egypt, Tunisia, Libya and Algeria) where there are high figures of COVID-19 enforced rules of physical distancing, many worshippers South of the Sahara threw caution to the winds, with perhaps the notable exceptions of Ghana and Senegal. In Sudan, before and after the eid, neither the leaders nor the people seemed to have heard of physical distancing. Sudan has the highest number of cases in East Africa with over 100 deaths but nobody seems to care. The people and their leaders certainly did not care during this year’s eid-al-fitri. Inflation is over 100% in Sudan. Health workers have no access to Personal Protective Equipment. The World Health Organization (WHO) should watch that country closely. In Tanzania, a country that has been “Magufulifized” to paraphrase the eminent Kenyan Professor, PLO Lumumba, the leaders pretended to be aware of the need for physical distancing but the worshippers who trooped to mosques in Dodoma and elsewhere in the country could not be bothered. As in Sudan, the mismanagement of the COVID-19 pandemic could be traced to the failure of leadership. President John Magufuli of Tanzania held much promise when he assumed office five years ago, but he has since derailed, confirming indeed that his reform agenda is a double-edged sword of progressivism and dictatorship/primitivism. He insists that there has been a reduction in the number of COVID-19 cases in Tanzania, but this is not based on data. Tanzania stopped releasing COVID-19 figures and suspended daily briefings on April 21 because Magufuli is convinced that such briefings cause panic among the populace. He also insists that testing cannot be trusted, having discovered that even fruits and goats have tested positive due to faulty test kits. The Africa Centre for Disease Control and the US Embassy in the country have warned about the extremely high risk that Tanzania constitutes, especially to the neighbouring countries of Kenya, Zambia and Uganda. Healthcare workers in Tanzania cannot
even express an opinion because under Magufuli, it is a crime to have independent thoughts. On eid-el-fitri day, Muslims in Tanzania simply followed his lead and ignored the reality of COVID-19. In not too far away Burundi, the management of COVID-19 is not any better. Burundi is officially a secular state. Muslims constitute a minority, previously thought to be only 1% of the population but now considered to be about 5-8% after the last post-civil war census. The big problem with Burundi in the face of COVID-19 is the total refusal of President Pierre Nkurunziza to come to terms with the fact that the pandemic is real. Last week, the country held a Presidential election, a stage-managed election which was rigged to produce the candidate of the ruling party, the CNDD-FDD as winner with 68.72%. The CNDD-FDD’s candidate, Evariste Ndayishimiye was once Chief of Staff to Nkurunziza who wants to retire from office and retain the pompous title of “Supreme Guide to Patriotism”. The new President will be required to consult the “Supreme Guide” on matters of national security and unity. Nkurunziza has apparently forgotten what happened to former Angolan President Eduardo dos Santos whose delusion of indispensability eventually led to his humiliation. I digress slightly. The point I am really trying to make is that in Burundi, not even the country’s Muslim population had any need to worry about COVID-19. Before the eid, the government of Burundi expelled World Health Organization officials from the country on the ground that they had become “persona non grata.” International election observers and monitors were informed that they would be quarantined if they showed up in the country to observe any election. The international community stayed away. Now let us switch the lens to Nigeria. Days before the eid-al-fitri 2020, the Nigerian Government on May 4 eased restrictions that had been imposed by the Federal Government on Ogun, Lagos states and the Federal Capital Territory, not for religious reasons, but as part of a “phased and gradual process” of re-opening the Nigerian space while also addressing the multi-faceted challenges of COVID-19. State governments also began to relax the restriction orders in their states, with the entire country bound to enforce the uniform ban on inter-state travel and the emplacement of a nationwide curfew from 8 pm to 6 am. There were specific regulations and guidelines for restaurants, places of religious worship, human relationships, work place protocols etc. There was a big push-back from ordinary Nigerians who had grown weary of the lockdown, as well as pundits and business owners who felt that the lockdown will not work in Africa but the biggest resistance came from religious leaders especially Pentecostal church leaders who argued from all corners of their mouths about either 5G technology or the damage that the lockdown was doing to the church economy. There were exceptions though: on the mainstream Christian side- the Catholic Church, the Christian Association of Nigeria (CAN), and on the Pentecostal side: Pastors Enoch Adeboye, Tunde Bakare, Sam Adeyemi and Paul Adefarasin… If Muslim leaders were opposed to the lockdown, they were quiet with their objections. The Christian leaders were loud and aggressive. One of them even said if government could allow markets to re-open, churches should also
be re-opened. However, the fact that Muslim leaders were also not entirely quiet soon became evident as many states in the North began to announce that religious worship was in order, and that mosques and churches could re-open even as COVID-19 figures in Nigeria increased geometrically. In due course, these states: Kano, Bauchi, Taraba, Nasarawa, Gombe, Yobe, Niger, Adamawa, Cross River, Delta… lifted the ban on worship centres, with the convenient caveat of course that the rules of physical distancing and (2) attendance relative to building capacity and (3) the threshold of 20 persons per gathering must be respected. All the Governors claimed that they were responding to pressures from religious leaders. The Governor of Kano claimed he was advised by Islamic Scholars. The Council of Ulamas in Kano State insisted that they were not consulted. The Sultan of Sokoto, the Head of the Muslim Ummah in Nigeria and head of the Nigeria Supreme Council for Islamic Affairs (NSCIA) issued a statement directing all Muslims in Nigeria to observe the eid prayers at home, because the eid-al-fitri is not fard (that is obligatory). President Muhammadu Buhari also issued a statement saying nobody should visit him to pay eid homage as is customary and that people should pray at home. But in reality, what Nigeria and many other countries in sub-Saharan Africa are faced with is the threat of an exponential rise in COVID-19 cases post eid-al-fitri. In Kano state which is second on the Nigerian COVID-19 League Table, the guidelines were observed more in the breach. The Kano elite at the prayer grounds hypocritically tried to maintain social distancing but nobody provided minimum care for the ordinary people who risked their lives in the name of religion. In Minna, Niger state, there was reportedly a heavy downpour. People abandoned their masks and rushed into the mosque where they huddled together. The Nation newspaper (Nigeria, May 25) reports that Southern Muslims in Nigeria observed the eid in their homes. In the Northern part of the country, where the Northern Governors Forum most recently announced that the region accounts for 54% of reported cases, and 70% of fresh infections, the prayer grounds were unlocked from Kano to Borno, by the same leaders who had only a few days earlier acknowledged a brewing crisis in their region. Does that make sense? I have tried to paint the picture above simply to revisit the commendation that Africa has received for beating the world’s expectations with regard to COVID-19 sero-prevalence. The eid celebration is merely a peg. At a recent Africa.Com Webinar Series 6 with the theme: “What’s the real story behind Africa’s COVID-19 figures?”, the WHO Regional Director Ms Rebecca Moeti expressed enthusiasm about the fact that whereas WHO expected higher COVID-19 cases in Africa, the numbers have been lower than expected. She praised African countries. Both the WHO DG and the UN Secretary General have also had cause to commend Nigeria. The praise for Africa may be premature. It is not justified by the attitude of many of the leaders and the behaviour of the people. Could the real story in Africa be - that not enough testing is being done resulting in gross undercount or that corruption has further mutated COVID-19 into a strain that is yet unknown to the world? Or is the virus un-African? These are the key questions.
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TUESDAY, อฝห อบอธอนฮ หพ T H I S D AY
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THE COMING PROSPERITY
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