TUESDAY 2ND JUNE 2020

Nigeria Loses N160bn to OPEC Production Cut PPPRA reduces pump price of petrol to N121.50 Emmanuel Addeh in Abuja Nigeria is projected to have lost over N160 billion in deferred revenue to a cut in the daily crude oil production by

members of the Organisation of Petroleum Exporting Countries (OPEC) in May, THISDAY has learnt.

However, the impact on gross receipts may be reduced

as the country is expected to close the revenue gap with a substantial increase in the international price of the product, which averaged $37 as of yesterday, following the

relaxation of lockdowns by countries.

This is coming as the Petroleum Products Pricing Regulatory Agency (PPPRA) has announced a new pump

price band of N121.50 to N123.50 per litre for petrol to reflect the market dynamics in line with the government’s deregulation policy.

OPEC+ had agreed to

reduce their overall crude oil production by 9.7 million barrels per day, starting May 1, for an initial period of two Continued on page 9

Presidency Rejects Umar's Allegations against Buhari... Page 8 Tuesday 2 June, 2020 Vol 25. No 9185. Price: N250

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Buhari Relaxes Restrictions on Churches, Mosques, Banks, Hotels Maintains closure of schools, reopens airports to domestic flights June 21 Curfew now 10 pm to 4 am, retains interstate travel ban Kogi gov bows to pressure, locks down Kabba/Bunu LGA 416 fresh cases raise tally to 10,578 with 3,122 discharged, 299 deaths Olawale Ajimotokan, Onyebuchi Ezigbo, Kasim Sumaina in Abuja, Chinedu Eze in Lagos, Ibrahim Oyewale in Lokoja, and Emmanuel Ugwu in Umuahia President Muhammadu Buhari has approved the relaxation of the restriction on places of worship based on guidelines issued by the Presidential Task Force (PTF) on COVID-19 and protocols

agreed by state governments.

He has also approved reopening of hotels and the resumption of full banking operation in the financial sector, which hitherto had operated skeletal services in the last two months as a result of measures put in place to mitigate the spread of the virus in the country.

These measures are aimed Continued on page 9

Edo APC Crisis Persists as Oshiomhole Insists on Direct Primary National chairman misguided, says Obaseki Iyobosa Uwugiaren, Omololu Ogunmade and Adedayo Akinwale in Abuja The relationship between the Edo State Governor, Mr. Godwin Obaseki, and the National Chairman of the All Progressives Congress (APC), Mr. Adams Oshiomhole, has remained frosty despite the intervention of governors

elected on the platform of the party yesterday.

Some of the APC governors, who met with the National Leader of the party, Senator Bola Tinubu in Lagos on Sunday, had also met with the National Working Committee (NWC) of the party in Abuja yesterday.

Continued on page 25

SEEKING PRESIDENTIAL BLESSING...

Edo State Governor, Mr. Godwin Obaseki (left), and President Muhammadu Buhari, when the governor went to intimate the president with his intention to contest for the All Progressives Congress ticket for the September governorship election in Abuja‌yesterday

INEC: Edo, Ondo Gov Aspirants to File Nomination Electronically... Page 5

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

INEC: Edo, Ondo Gov Aspirants to File Nomination Electronically Directs parties to submit membership registers, delegate lists for primaries

Chuks Okocha in Abuja As part of preparations for the Edo and Ondo States' governorship elections, the Independent National Electoral Commission (INEC) yesterday directed political parties fielding candidates for polls in the two states to submit their aspirants' nomination forms electronically.

It cautioned political parties against disobedience to the online submissions of forms just as it demanded from them the submission of party registers and delegate lists as a precondition for conducting primaries to pick parties' governorship candidates.

At the first virtual teleconference meeting with the 18 registered political parties, the INEC Chairman, Prof. Mahmood Yakubu, read out the new guidelines for the elections, which include the electronic submission of the governorship nomination forms.

He said: "This time around, the submission of nomination forms will be done online for which a dedicated portal has been set up. Let me, therefore, warn political parties that intend to field candidates for the election to strictly adhere to these dates as well as the new online procedure for filing of nominations."

He also warned that any party that operates outside the dates set by the commission will only have itself to blame, stressing that the portal will automatically shut down on the scheduled date and at the fixed hour of the deadline.

Besides, he warned against thuggery and banditry during the primary election.

"Based on experience, it is also important to draw your attention to the necessity for rancour-free primaries. Party primaries form the foundation for the secondary election conducted by the commission. You must, therefore, avoid acts of thuggery,

brigandage, vote-buying, and other sundry violations of the Electoral Act. "As we monitor the conduct of party primaries, we will pay particular attention to your compliance with the law and to consider sanctions so that the unruly behaviour of some party supporters is not carried forward to the main election," he stated.

On the mode of governorship primary election, Yakubu urged political parties to submit their party membership register to ensure ease of monitoring by the commission.

"I wish to appeal to political parties that opt for direct primaries to avail us with the register of members to be used for the election from ward to local government and state levels for the effective discharge of our monitoring responsibilities under the law.

"Those that opt for indirect primaries should similarly make available to the commission the list of delegates for the election.

Doing otherwise will amount to going into an election without the voters’ register. The commission makes available to each political party the complete register of voters before every major election. We expect political parties to reciprocate for their primaries," the INEC chief said.

In addition to the governorship elections in Edo and Ondo States, he said the commission was making preparations to conduct nine by-elections whose details had already been made public.

The commission, Yakubu said, had released the policy for conducting elections under the COVID-19 pandemic.

According to him, INEC will welcome the input of party leaders to the new policy, particularly in the areas of implementation such as the management of party primaries and nomination of candidates, submission of the names of

polling agents, the security of the electoral process, polling unit management and the collation of results.

"We will also discuss the consequential amendments to our regulations and guidelines in the light of the new policy necessitated by the reality of the COVID-19 pandemic," he said.

He explained that the commission had been informed of the death of a member of the Zamfara State House of Assembly, representing Bakura Constituency.

He said INEC would await the declaration of vacancy by the speaker of the state House of Assembly, adding that the development will increase the number of by-elections.

Yakubu added that there is a

need for a national conversation around the frequency of byelections in Nigeria, explaining that in May alone, five members of state Houses of Assembly passed on while since December 2019, 12 members of the national and state legislatures have passed on.

This, he said, was in addition to the resignation of two senators from Bayelsa State, who had since been sworn in as governor and deputy governor of the state.

According to the INEC chairman, the cost of conducting these by-elections to the commission, the security agencies, political parties and candidates, election observers, the media, litigations (both preelection and post-election) and disruption of activities as a result

of the restriction of movement on election day is enormous.

He explained that with the frequency of by-elections in the country, there is no election season in Nigeria any longer as the commission is busy conducting elections all-yearround between one general election and another.

He said the development had diverted attention away from reform, innovation, peer learning, and planning for the consolidation of the electoral process.

However, he stated that the commission would open talks with stakeholders and the National Assembly for reforms towards more cost-effective and democratic options.

Responding on behalf of the

political parties, the Interim National Chairman (IPAC) and the National Chairman, African Action Congress (AAC), Dr. Leonard Nzenwa, commended INEC for its efforts to deepen and sustain democracy during the coronavirus pandemic.

He called on INEC to be ready to review some aspects of the policy document that relates to concerned misgivings by stakeholders who feel that some of its provisions might not be feasible for implementation.

The parties, he said, were also excited that the commission had decided to deepen the use of technology in the electoral process with its planned introduction of electronic voting machine in 2021 polls on a pilot scheme.

SMOOTHENING RELATIONS...

President of the Senate, Dr. Ahmad Lawan (left), and Chief of Sta to the President, Prof. Ibrahim Gambari, during the visit of the presidential aide to the Senate president in Abuja‌yesterday

IG Vows to Bring Killers of UNIBEN Student to Book Police arrest suspects Chiemelie Ezeobi in Lagos and Adibe Emenyonu in Benin The Inspector General of Police (IG), Mr. Mohammed Adamu, has deployed additional investigation aids and forensic support to the Edo State Police Command to fish out those who raped an undergraduate of the University of Benin (UNIBEN), Miss Vera Omozuwa, and killed her.

However, the police in Edo State have arrested some suspects over the incident.

The 22-year-old 100-level student was gang-raped and killed by four unknown men while reading in a parish of the Redeemed Christian Church of God (RCCG), in Benin City, where she was a congregant.

Her death triggered a national outrage at the weekend, which continued yesterday with protests in Benin City.

A former Senate president, Dr. Bukola Saraki, the family of the victim and protesters called on security agencies to

Saraki, protesters, victim’s family demand justice

fish out the culprits and bring them to justice.

Reacting to her death, the IG said yesterday that the police would ensure that the perpetrators were brought to book, adding that additional forensic support has been deployed to aid investigation.

According to the Force Public Relations Officer, Mr. Frank Mba, a Deputy Commissioner of Police (DCP), the forensic support will complement and expedite actions in the ongoing investigations to arrest the suspects.

He said: “As part of deliberate and concerted efforts by the Nigeria Police High Command to unravel the circumstances surrounding the brutal attack and unfortunate death of Miss Vera Uwaila Omozuwa in Benin, Edo State, the Inspector General of Police has deployed additional investigation aids and forensic support to Edo State Police Command to complement and expedite actions in the ongoing investigations into

the unfortunate incident. “The IG, while condemning the attack, commiserates with the family, friends, and colleagues of the deceased. “He calls for calm and assures the people that the force will surely bring the perpetrators of the callous act to book in the shortest possible time.�

The state police command said some arrests had been made and investigations into the incident was ongoing.

The Police Command Public Relations Officer (PPRO), Mr. Chidi Nwabuzor, said the police were investigating the circumstances that led to the death of the UNIBEN undergraduate.

Saraki and the father of the victim, Mr. Johnson Omozuwa, also called on security agencies to fish out the killers of the deceased.

Omozuwa told journalists yesterday at his home in Benin City: "I received calls from people living around the church who got to the scene

and met my daughter in a pool of her blood; photographs of the scene were taken, while a fire extinguisher cylinder which the hoodlums used in inflicting injuries on her was recovered."

He urged the government to fish out the killers of his daughter and bring them to justice.

The mother of the deceased said she was surprised her daughter could die in such a gruesome manner because she was a peaceful fellow who did not cause trouble.

In a tweet yesterday, Saraki charged law enforcement agencies to ensure they find the killers of Miss Omozuwa.

Saraki, who lamented the “extremely shocking� incident, noted that everyone must work to create safe spaces for girls and women – free from all sorts of sexual harassment and violence.

He said: “The reports of the rape and murder of a 22-year-old undergraduate of the University of Benin, Uwa Omozuwa, in a church in Benin

City, are extremely shocking.

Such savagery has no place in the Nigerian society. “As a people, we have to work to create safe spaces for our girls and women – in our homes, at work and in our places of worship – free from any and all sorts of sexual violation. And I say this not just because I’m a #GirlDad but because it is the right thing to do. “I strongly appeal to our law enforcement agencies to leave no stone unturned in finding the perpetrators of this heinous act and bringing them to justice. “I pray that the Almighty comforts the Omozuwa family and strengthen them at this very difficult time.�

Also, some aggrieved residents of Benin City marched on the Edo State police command over the death.

Carrying placards such as “Stop killing and raping women,� “Say no you rape,� “No means no,� “We have the right to our bodies,� “Consent

is key,� the protesters were later addressed by a senior police officer who assured them that efforts were being made to apprehend the killers.

In a late night post on his Twitter handle @PastorAdeboye, the General Overseer of RCCG, Pastor Enoch Adeboye, condemned the death of the girl in one of his parishes.

He tweeted, “All I can do at this time is to pray for the family of Omozuwa and do everything possible working with relevant authorities to bring the perpetrators to book. “I and members of my family condemn this act strongly and urge everyone to stay calm as we are already looking into the matter and cooperating with the police to establish the facts of the shocking incident. #justiceforuwa.�

Also, Edo State Governor, Mr. Godwin Obaseki, urged the police to thoroughly investigate the circumstances that led to the death.

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Presidency Rejects Umar’s Allegations against Buhari Yemi Ajayi The presidency yesterday dismissed allegations by a former Military Governor of Kaduna State, Colonel Dangiwa Umar (rtd.), that President Muhammadu Buhari failed to push for the confirmation of Justice Walter Onnoghen as the Chief Justice of Nigeria (CJN) on the ground of religious and sectional biases.

A top presidency official confided in THISDAY yesterday, saying Umar’s allegation was incorrect and explained that the president had reservations about Onnoghen's suitability for the nation's foremost judicial position based on ethical consideration.

The official, who was responding to THISDAY inquiry on allegations of clannishness and lopsidedness in Buhari's political appointments to favour the north that Umar levelled against the president in an open letter at the weekend, also described as premature Umar's campaign for Justice Monica Dongban-Mensem’s confirmation as Court of Appeal's president.

Umar had accused the president of favouring the north in his appointments and urged him to preserve his name in history by putting right the skewed appointments.

His allegations, however, ran against the grain of official record from the presidency that shows that the south accounts for 54.2 per cent or 103 of the 190 appointments made by Buhari, while the north accounts for 45.8 per cent or 87 appointments.

The appointments cover those of ministers and other aides.

The skewed appointment, according to Umar in his May 30, 2020 letter, “is more glaring in the leadership cadre of our security services.�

In the letter, Umar asked Buhari to learn from the great

acts of exemplary leadership which, at critical moments, managed to pull this nation back from the precipice and assured its continued existence.

Assessing the appointments made by the president in the last five years of his administration, Umar said: “Mr. President, I regret that there are no kind or gentle words to tell you that your skewed appointments into the offices of the federal government, favouring some and frustrating others, shall bring ruin and destruction to this nation."

Umar also reminded Buhari that he (Umar) had cause to appeal to him to confirm Justice Onnoghen as the substantive CJN a few days before the expiration of his three-month tenure of acting appointment without heed.

Onnoghen's nomination was sent to the Senate for confirmation by the then acting President, Prof. Yemi Osinbajo.

He was, however, removed under controversial circumstances a few months to the end of his tenure, and replaced by Justice Ibrahim Muhammad.

Umar, in the letter, also accused the president of pussyfooting on the confirmation of Justice Dongban-Mensem as President of the Court of Appeal.

However, the presidency official, who craved for anonymity because he was not authorised to speak on the matter, rejected accusations that the Buhari government’s appointments in the justice sector were sectional and anti-Christian.

He said the president had a foreboding that it would be improper to make Onnoghen a substantive CJN while there was suspicion of alleged financial impropriety against him, hence Buhari's reluctance to make him the substantive CJN then.

He said: “The colonel made

the point of the president’s initial reluctance to put forward the now retired Justice Walter Onnoghen as the substantive Chief Justice of Nigeria and chose to attach a religious and sectional motive rather than objective facts on the side of the president.

"He didn’t reason with a president, who saw reasonable grounds of suspicion of financial offences, which, if established by an investigation and due process, could embarrass not only the occupant of the office but the exalted office itself. “Now, tell me. With the benefit of hindsight, and arising from facts and the conviction that followed, were those grounds not reasonable?

The World Bank has advised Nigeria to develop its mining sector to help mitigate postCOVID-19 economic shocks, rather than wait for a rebound of oil prices in the global market.

The Task Team Leader on the Mineral Sector Support for Economic Diversification (MinDiver) Project at the World Bank, Mr. Mike Stanley, said Nigeria should not wait for oil prices to rebound as doing so might not yield the expected result because of the possibility of an oversupply of the commodity in the market from other oil-producing countries, including Saudi Arabia.

Stanley, at a Virtual Mid-Term Review (MTR) of the MinDiver Project under the Ministry of Mines and Steel Development recalled that oil prices indicated a decline since 2014.

He added that it has become imperative for Nigeria to have a rethink by focusing on

developing the money-spinning and revenue-generating solid minerals sector.

He identified some of the minerals to include iron ore, limestone, lithium, cobalt, and generally thinking out of the box, to attract investment.

In a statement issued yesterday, the World Bank, PricewaterhouseCoopers (PwC) and the Nigerian Institute of Mining and Geosciences (NIMG), urged the federal government to galvanise the nation's mining sector in mitigating post-COVID-19 economic shocks.

The statement was issued by the Media Officer, MinDiver Project, Ishaku Kigbu, after a crucial session of the Virtual Mid-Term Review (MTR) of the MinDiver Project under the Ministry of Mines and Steel Development.

The review was designed to assess the role of mining in minimising the impact of the COVID–19 pandemic and the

privilege to lead the Court of Appeal in an acting capacity is for six months. As it is today, the beneficiary is just three months in the office. It is, therefore, mischievous and unreasonable for anyone to start a campaign, premature as it is, over a right that has not arisen.�

He Umar ignored the fact that the last two appointments of the heads of the superior courts of records, the Federal High Court and the National Industrial Court went to Christians, who succeeded Muslims.

According to him, “So the basis of the alleged bias is lacking here. Unfortunately, this fact is completely ignored in his letter.

“What I can say, in a summary is that while Colonel Umar’s biased and tendentious comments against the Buhari administration are not new, on this occasion its misrepresentation has reached new levels.�

He, however, said the presidency was not bothered by the Umar’s letter because it knew that the letter had failed to impugn the integrity of the president. “It is just a year ago that Nigerians reaffirmed their confidence on the development agenda of the president and his party, the All Progressives Congress (APC), by giving them a massive mandate to continue in office."

A WORKER’S DUE...

L-R: Oyo State Governor, Mr. Seyi Makinde; Commissioner for Establishment and Training, Prof. Dahud Shangodoyin; and a retired worker, Alhaja Fausat Olanrewaju, during the symbolic presentation of cheques to 2013 retired workers in the state in Ibadan‌yesterday

World Bank Urges Nigeria to Develop Mining Sector Ndubuisi Francis in Abuja

Was the conviction not a confirmation of the commission of an offence? “Two, he (Umar) also tried to whip up religious emotion against the president by the allegation that there is an attempt to bypass Justice Dongban-Mensem with a Muslim judge as the President of the Court of Appeal. “Her Lordship Justice Dongban-Mensem was first approved as president of the court following a recommendation by the National Judicial Council by President Buhari three months ago, who approved a further three months acting period starting from June 3rd. “Legally speaking, the

global oil crisis.

The organisations urged the government to tap the economic potential of mining with the continued declining oil prices in the global market.

The World Bank, PwC and NIMG noted that some solid minerals, including battery minerals, cobalt, lithium, gemstone, jewelry, barite, and phosphate, among others, have high demand at the international market According to the statement, barites are needed and used in the oil industry; phosphate for the fertiliser industry and limestone to manufacture cement for the construction industry.

It added that the overall objective of the MTR is to review the progress of the MinDiver project with the World Bank, stakeholders of the ministry and other key actors, as well as look at new ways of integrating mining into the mainstream economy with a view to building Nigeria’s resilience to shocks.

Bandits Kill Katsina District Head, Injure Guard Francis Sardauna in Katsina Bandits have killed the District Head of Yantumaki in Yantumaki District of Danmusa Local Government Area of Katsina State, Alhaji Abubakar Maidabino.

A resident of the community who pleaded anonymity told THISDAY yesterday that the bandits, riding on motorcycles, invaded the traditional ruler's residence in the wee hours of yesterday, killed him and injured his security guard, Mr. Gambo Chakau.

His killing came barely 48 hours after the bandits killed the Chairman of the All Progressives Congress (APC) in Batsari LGA of the state, Mr. Abdulhamid Sani, at his residence in SabonGarin Dumburawa.

The source said the bandits, after accomplishing their mission, left the community without attacking any other houses.

"The bandits came in their numbers and went straight to the house of the District Head, Alhaji Abubakar Maidabino, and shot him dead. They also injured his security guard.

"After they killed the district head, they rode their motorcycles

and left immediately without touching or injuring anybody.

We are calling on the government to rescue us from these endless attacks by bandits," he stated.

The state Police Public Relations Officer, Mr. Gambo Isah, a Superintendent of Police (SP), confirmed the attack.

He explained that Maidabino and his security guard were taken to Danmusa General Hospital where the former was confirmed dead while the later was admitted and was responding to treatment.

Gambo said: "On 31/05/2020 about 11:55hours, bandits in their numbers, armed with AK 47 rifles, attacked the residence of the District Head of Yantumaki, at Yantumaki District of Danmusa LGA of Katsina State. One Alhaji Abu Atiku, m, aged 60years, shot him and his security guard, one Gambo Chakau.

"The bandits escaped into the forest. Victims were taken to Danmusa General Hospital where the former was confirmed dead while the later was admitted and responding to treatment.

The investigation is ongoing."

However, the remains of the district head had been buried at his hometown according to

Islamic rites.

The Secretary to the Katsina State Government (SSG), Dr. Mustapha Inuwa, who led other top government officials to the funeral, prayed to God to forgive the deceased's shortcomings and grant him eternal life.

The Emir of Katsina and Chairman, Katsina State Council of Chiefs, Dr. Abdulmumini Usman, and other prominent traditional rulers in the state also graced the funeral.

Meanwhile, communities of Dutsin-Ma, Danmusa, Safana, Batsari, Sabuwa, Faskari, Kankara, Dandume and Kurfi Local Government Areas of the state are currently facing renewed deadly attacks by bandits. The attacks have forced hundreds of residents of the affected local governments to flee their ancestral homes to the headquarters of the LGAs, including Katsina, the state capital. The latest simultaneous onslaughts on Batsari communities, according to residents, had claimed 34 lives and forced residents of Kurmiyal, Yandaka, Maidoriya, Tashar Kadanya, Garin Goje, Watangadiya and Dutse Maizane to abandoned their villages.

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PAGE NINE BUHARI RELAXES RESTRICTIONS ON CHURCHES, MOSQUES, BANKS, HOTELS at curbing the virus which infected 416 more persons yesterday, bringing to 10,578 the total number of confirmed cases in the country.

The nation also recorded 12 fresh deaths, raising the figures from 287 to 299 deaths within the last 24 hours.

Announcing this last night, the Nigeria Centre for Disease Control (NCDC) said Lagos recorded 192 new cases, Edo 41, Rivers 33, Kaduna 30, Kwara 23, Nasarawa 18, Borno 17, Federal Capital Territory (FCT) 14, Oyo 10, Katsina seven, Abia and Delta five each, Adamawa and Kano four each, Imo and Ondo three each, Bauchi and Ogun two each, while Niger recorded one case.

To rein in the virus, Buhari has also approved the reopening of the airports for domestic flight operations with effect from June 21, while schools would remain closed until it is safe for them to reopen.

Also, under the second phase of the ease of lockdown approved by the president for the next four weeks – June 2 to June 29, the nationwide curfew imposed on May 18 from 8 pm to 6 am, has now been relaxed from 10 pm to 4 am, while the ban on interstate movement is sustained.

These developments were revealed yesterday by the Chairman of the Presidential Task Force on COVID-19, Mr. Boss Mustapha, at a press briefing addressed by the task force in Abuja.

Buhari also approved the implementation of new protocols and guidelines for the second phase of the ease of guidelines on COVID- 19 nationwide.

The new measures are over the next four weeks effective from June 2 through June 29 and subject to review.

Mustapha said Buhari also approved the recommendation of the task force by lifting of restriction on Churches and Mosques across the country.

He added that the relaxation of the restriction on places of worship will be based on the guidelines issued by the PTF and protocols agreed by state governments working with religious leaders.

The federal government also imposed a ban on the gatherings of more than 20 people outside of the workplace.

Mustapha, who is also the Secretary to the Government of the Federation (SGF), said the restricted opening of places of worship will be based on state government protocols and

restricted guidelines and physical distancing and other nonpharmaceutical interventions.

He added that this will apply to regular church and mosque service only.

According to him, the ban on interstate travels still remains in place with the exception of movement of agricultural produce, petroleum products, manufactured goods and essential services.

The PTF also said the use of non- medical face masks in public places is mandatory in addition to the mandatory provision of handwashing facilities.

He said: “The PTF submitted its recommendations and the president has approved the following for implementation over the next four weeks spanning 2nd – 29th June, 2020, subject to review: “Cautious advance into the Second Phase of the national response to COVID-19; application of science and data to guide the targeting of areas of on-going high transmission of COVID-19 in the country; “Mobilisation of all resources at State and Local Government levels to create public awareness on COVID 19 and improve compliance with non-pharmaceutical interventions within communities; sustenance of key non-pharmaceutical interventions that would apply nationwide and include: ban of gatherings of more than 20 people outside of a workplace; relaxation of the restriction on places of worship based on guidelines issued by the PTF and protocols agreed by state governments,� Mustapha explained.

Mustapha also announced that from June 2, banks would resume operations within the normal working hours.

Domestic Flights May Resume June 21 Also speaking at the briefing, Minister of Aviation, Senator Hadi Sirika, disclosed that the restrictions placed on domestic flights may be lifted on June 21.

The minister said industry stakeholders should start developing protocols towards flight resumption. “The aircraft have been parked for three months, we have to ensure that within now and that time, these airplanes are good and safe to fly,� he said.

Sirika also explained that pilots and other members of the cabin crew would be required to undergo medicals and have

their license renewed ahead of resumption.

Clarifying the issue, the National Coordinator of the task force, Dr. Sani Aliyu said: “When we say from June 21, we mean that we are preparing the aviation sector towards that date.

That date may not necessarily be June 21; it could be June 26, 28, or even July 1. “It depends on whether or not they are prepared. So we are giving them a time frame of three weeks to start preparing for domestic flights. “Once we open up the skies to domestic flights then we would have to review the arrangements regarding interstate travel because you cannot have a ban on interstate travel and you have people flying from one state to another. “We are giving an opportunity for the aviation sector that is heavily regulated to make sure that they start getting their acts together so that airports open up in a safe way.�

Passengers would be required to wear masks or face shields, maintain physical distancing.

Curfew Period Now 10pm to 4am Aliyu further stated that the 8 pm-4 am curfew has further been relaxed to between 10 pm and 4 am.

He said: “There would be full opening for the financial sector with banks now allowed to operate with more working hours five days a week. The mass gathering of more than 20 people outside of a workplace or places of worship remain prohibited. “There would be controlled access to markets and locations of places of economic activities but local authorities will continue to provide guidance on opening times. Restrictive opening of places of worship will be based on state governments’ protocols and strict guidelines on physical distancing and other non-pharmaceutical interventions and just to clarify this would apply to the regular church and mosque services only. “Mandatory supervised isolation of person that are arriving the country will continue to be for 14 days until a new policy comes into play. There would be no further evacuation of Nigerians until a new policy currently developed with the private sector comes into place.�

He said persons that are on essential duty including but not limited to those involved

in critical services, including frontline health workers and journalists on essential duty and critical infrastructure are exempt from the curfew.

In addition, he said all interstate travels by individuals remain prohibited except for the movement of goods and services.

Aliyu said hawking and street trading are prohibited, adding that the PTF will look into this in greater detail with the state authorities.

He explained: ''For the industry and labour sector, in terms of working hours, normal working hours will apply to offices and other government offices provided it is kept within the curfew hours. “Offices are to maintain working at 75 per cent capacity.

Government offices can open between 9 am and 2 pm from Monday to Friday. Prior to this, we allowed only three days in the week. However, only persons that are within Grade Level 14 and above in the federal and state level will be allowed to come to work.

We will encourage staff to continue to work at home if possible, making the best use of technology that is now available,'' Aliyu said.

Hotels Reopen, Bars, Gyms Remain Closed Aliyu added that hotels may also reopen but must observe all mandatory non-pharmaceutical interventions, while all bars, gyms, recreational parks, communal sports and night clubs remain closed until further evaluations.

Personalised services like mechanics and artisans, hair salons that own their workshops and stations are allowed to operate from now on provided they comply with non- pharmaceutical intervention like wearing of face masks and provision of sanitisers, while also limiting the number of customers and workers within their premises.

Aliyu also gave an inventory of the total available personal protective equipment (PPE) currently available in the country.

According to Aliyu, as at last week, there were about 44,000 PPE cover-ups, 27,000 protective gowns, 16,000 goggles, 26,000 face shields and 4.7 million types of gloves and 220,095 masks in the country.

FG Addressing Resident Doctors Complaint, Says Ehanire The Minister of Health, Dr. Osagie Ehanire, at the press conference, assured medical doctors in public hospitals across the country that their grievances were being looked into and would be resolved soon.

When asked about the federal government's response to the threat by Nigeria Association of Resident Doctors (NARD) to embark on strike action in the next 14 days if nothing was done to address their grievances, Ehanire said he had spoken to the association assuring them of government's readiness to attend to their complaint.

"I used the opportunity to speak to the resident doctors and urge them not to carry out any action at this time. Everything is being done to make sure that all their questions are answered," he said.

Ehanire said he had to ensure that adequate personal protective equipment was being supplied to hospitals, and appealed to the doctors to always approach the federal ministry of health whenever they have issues bordering them.

"Our offices are open to them all the time and they can write to me and discuss issues at the ministerial level before it goes to the public. All of us are members of the NMA and so we understand their positions and we will see to its resolution,' he said.

Kogi Gov Bows to Pressure, Orders All Schools Remain Lockdown of Closed Kabba/Bunu LGA The PTF said all schools are to remain closed until further evaluation while the Federal Ministry of Education is instructed to work with schools to start the process of preparing students that require exiting exams to allow them to take exams early in the next phase of the lifting of the lockdown.

Meanwhile, following the reported two cases of COVID-19 in Kogi State by the Nigeria Centre for Disease Control (NCDC) in Abuja, the state Governor, Alhaji Yahaya Bello, has bowed to pressure and directed the total lockdown of Kabba/Bunu Local Government Area of the state as part of

agreement will be up for review in December 2021, depending on market conditions, according to the organisation.

For Nigeria, the current 1.412 million production will continue till June 30, after which it will then increase to 1.495 barrels per day between July 1 and December, while production is expected to surge to 1.579 million barrels per day, starting January 2021 and ending April 2022.

Meanwhile, oil price fell yesterday on worries about renewed tensions between the United States and China, although reports that OPEC and Russia were closer to a deal on extending oil output cuts lent some support to prices.

Benchmark Brent crude was down 46 cents, or 1.2 per cent, at $37.38 a barrel. US crude fell $1.04, or 2.9 per cent, to $34.45 a barrel.

Reuters reported that Beijing has asked its state-owned firms to halt purchases of soybeans and pork from the United States.

According to the report, China could expand the order to include additional US farm goods if Washington took further action.

US President Donald Trump’s directive to begin the process of eliminating special treatment for Hong Kong is likely to create a new driver of volatility in global markets as tensions between Washington and Beijing climb again.

Algeria, which holds the rotating OPEC presidency, has proposed that OPEC+ hold a meeting on June 4 rather than the previously planned June 9-10.

Russia has said it has no objection to meeting sooner.

Also yesterday, the PPPRA announced a new pump price band of N121.50 to N123.50 per litre for petrol to reflect the market dynamics in line with the government’s deregulation policy.

The PPPRA conveyed the new petrol price regime to marketers in a circular dated May 31.

The pump price of petrol was reduced to N125 per litre from N145 per litre on March 18, 2020, effective March 19.

The continued drop in petrol price followed the drop in the price of crude oil at the international market as a result of the COVID-19 pandemic.

measures to contain the spread.

The state government has also urged the medical personnel who attended to the patient at FMC to go into self-isolation for the next 14 days.

Bello made this announcement yesterday while addressing journalists at Government House in Lokoja.

He said the local government would be locked down for two weeks starting from 12 midnight of Tuesday, June 2, 2020, to stop the spread in the town.

Bello insisted that these two cases were heavily disputed by the state government.

The governor noted that the state government had come out publicly to express reservations with which the cases were allotted to the state by NCDC, stressing that efforts by the state government to confirm the same proved abortive as NCDC officers were not forthcoming.

Bello said: "Only available information is that the two cases are father and son - a community leader and Imam from Kabba/ Bunu Local Government Area of the state. It was reported that the man took ill after receiving stings from bees after attending a particular burial ceremony. “He was managed at a particular health facility in Kabba and subsequently transferred to the Federal Medical Centre, Lokoja, and later taken to Abuja. “Contrary to all known guidelines of NCDC, neither NCDC nor FMC had involved the state government at any point before these cases were allegedly transferred to Abuja. This is condemnable, but in order not to engage in avoidable acrimony that attended the announcement, as a state government we shall pursue this to a logical conclusion."

He added: "As I said in the earlier days of COVID-19, I said while COVID-19 is genuine in other climes, it is taking a political dimension in Nigeria, which is already playing out. We are already seeing it, we don't know the intension of NCDC, Federal Ministry of Health, and all these political jobbers; we do not know their interest in Kogi State.

Abia Govt Shuts Down as Ikpeazu, Deputy, Cabinet Members Self-isolate Meanwhile, government businesses have ground to a halt in Abia State as Governor Continued on page 25

NIGERIA LOSES N160BN TO OPEC PRODUCTION CUT months that will end on June 30.

With Nigeria’s share of 417,000 per day of the OPEC production cut, at an average price of $31.11 and over a 31-day period, the country is projected to have lost over N160 billion or about $402 million last month.

Minister of State, Petroleum Resources, Mr. Timipre Sylva, who confirmed Nigeria’s compliance with the output cut had said the country started its own cuts at the end of April as promised.

He pledged that the country will abide by the pledge to keep its part of the bargain until a decision overriding the current one is announced by the international oil cartel. “The agreed cut for Nigeria was about 417,000 barrels per day, which is about 23 per cent of our production. And of course, in the beginning, or as at the end of April, we have complied,� he had said in an interview.

Before the decision to cut production, Nigeria was exporting over 1.8 million barrels per day.

With the exclusion of condensates, Nigeria’s ultra-light

oil, the country now produces over 1.4 million daily of crude oil per day.

Group General Manager, Nigerian National Petroleum Corporation (NNPC), Mr. Mele Kyari, had explained that in effecting the OPEC decision, the NNPC through its appropriate subsidiary would ensure equity and fairness across the board in dealing with its partners.

According to him, while technical issues are paramount in allocating new quotas to the oil companies, the need to ensure that the decision will not do long-term damage to the oil facilities was also considered. “The cut is against the national production of crude oil and doesn’t include the condensates.

That means we have brought down our production per day to 1.412 million barrels.

In determining that, there are many considerations that come to play. There will be equity across partners. “There are also technical possibilities. Some oil wells, if you shut down, will never come back again. So, we are careful how we apply those cuts so that ultimately what is

important is for you to achieve the cut that you have promised to oblige and on the basis of that, we have allocated different levels of cuts to our partners" the GMD said.

Kyari noted that the corporation was engaging the JV partners at the level of National Petroleum Investment Management Services (NAPIMS) to make sure that “those cuts are proportionate and they do not create more damage than we planned�, adding that “ultimately, we will achieve the 1.412 million barrels crude production per day�.

In a historic deal last month, OPEC+ had agreed to reduce overall crude oil production by 9.7 million barrels per day, starting May 1, for an initial period of two months that will end on June 30.

Thereafter, for another six months, between July and December, they will maintain a crude oil production cut of 7.7 million bpd, while starting from January 2021, the agreement stipulated reductions of 5.8 million daily for the next 16 months, ending 30 April 2022.

However, before then, the

TOP GAINERS NGN NGN % JAPAUL 0.02 0.22 10 NAHCO 0.25 2.75 10 DANGSUGAR 1.25 14.15 9.6 CORNERSTONE 0.05 0.60 9.0 CHAMBREW 0.08 0.99 8.7 TOP LOSERS NGN % FIDSON 0.33 3.07 9.7 STANBIC 3.30 32.50 9.2 AXAMANSARD 0.18 1.85 8.8 AFROMEDIA 0.02 0.24 7.6 FLOURMILLS 1.00 20.00 4.7 HPE Nestle Nig Plc â‚Ś1,000.00 Volume: 253.305 million shares Value: N2.647 billion Deals: 4,775 As at yesterday 1/6/2020 See details on Page 21

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T H I S D AY ˾ TUESDAY JUNE 2, 2020

POLITICS

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

Ekiti PDP Crisis and Gamble for 2022

Victor Ogunje writes that the seemingly unabated crisis rocking Ekiti State chapter of the Peoples Democratic Party(PDP) has become so deeply percolated that it would take ingenious and shrewd management for it to subside

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he present battle revolves around the two parallel congresses conducted on March 7, 2020, by both ex-Governor Ayodele Fayose and his arch rival, Senator Biodun Olujimi. The two political juggernauts had also gone ahead to inaugurate the opposing executives across the 177 wards . High wired politics is now being contrived at the national level for them to outwit each other in terms of which executive to be recognised by the National Working Committee.

The two main gladiators and their footsoldiers seem resolute in their fight over the conduct of the PDP Ward Congress .Each of them was undaunted in this fierce war and ready to assert themselves in this supremacy battle for the control of party structures at all levels.

With the party polarised along Fayose and Olujimi’s factions, pundits are beginning to infer and project that the party has already started the gamble for the 2022 governorship poll, because it needs cohesion and strength to be able to confront the All Progressives Congress moving train.

The problem of PDP began prior to 2018 governorship poll when Fayose, who was then a sitting governor bungled the opportunity for less Herculean succession plan by his autocratic conduct and unbending resolve to impose his deputy, Prof Kolapo Olusola as the gubernatorial candidate.

Though he was able to achieve this through a psedo-democratic fashion, but he paid dearly for it by his failure to win the July 14, 2018 election, despite his amplified boast and grandstanding that he owes the ace in Ekiti politics At that time, Fayose used his influence to erect pillars that made the PDP uncomfortable for other contestants like Senator Adedayo Adeyeye and his supporters . They eventually left the party to constitute a clog in the wheel of the party’s progress.

Fayose at a time even threatened not to accommodate Senator Olujimi in the party on the strength that she was in consequential and not strategic to PDP winning in Ekiti. It took the timely intervention of the National Chairman, Chief Secondus to resolve the matter and kept Olujimi in the fold.

The recent crisis pummeling the PDP looks fiercer than any other ones ever witnessed in the party’s history , because the gladiators are determined and unmindful of the consequences it could have on the party. With the way things are going, people are beginning to believe that the PDP has become comfortable with the opposition role it is presently playing.

It all started with a group adopting a former Commissioner for Environment and a PDP Chairmanship candidate , Mr Bisi Kolawole to take over the baton of leadership after Chief Gboyega Oguntuase’s tenure through rumoured consensus mode.

But those loyal to Olujimi were rooting for a former House of Representatives member , Hon Kehinde Odebunmi. Those who belong to this fold rejected the secret consensus being pushed by Fayose, describing it as undemocratic and illegal.

Viewing the episodic scenario from a clearer and broader spectrum, this fiasco has made Fayose to lose some of his ardent and loyal lieutenants to Olujimi. Hon Odebunmi, the immediate past PDP Chairman, Gboyega Oguntuase, former Information Commissioner, Lanre Ogunsuyi, former Assembly member, Hon. Bunmi Olugbade, and over 90 percent of the immediate assembly members have abandoned Fayose’s for undisclosed reasons. His hitherto solid support base is currently quaking and quivering .

Though, the State Congress has not been conducted and a Caretaker has been set up to pilot the affairs of the party,but the ripples generated by the two ward Congresses conducted by the two opposing groups are ripping the party’s foundation.

The two groups have been engaging in

Fayose

Olujimi

brickbats and mudslinging with high cataclysm effect and discordance of monumental proportion that may affect the party’s fortunes in 2022.

What actually fuelled the crisis was the suspicion among party members that Fayose used his influence and contacts to rig the Congress. The way the Taraba Deputy Governor, Mr. Haruna Mani, who came to conduct the election from national headquarters comported himself signalled that of conspiracy in certain quarters.

Verifiable accounts in the party revealed that on the day of the Congress , while the two groups had been on the field waiting, the Mani-led committee didn’t surface until late in the evening.

Miffed by this unwholesome conduct, those loyal to Olujimi with the support of the Oguntuaseled SWC went ahead and conducted the Congress , which Fayose group had vehemently rejected, branding it an infraction and a breach of the party’s constitution , which vested the NWC with powers to conduct the congresses in states.

But later that day, the Taraba Deputy Governor came and those loyal to Fayose conducted the Congress, when security agencies and officials of the Independent National Electoral Commission had allegedly left.

Since that day, the two groups had been claiming to be on the side of the constitution and waiting on the NWC to take appropriate position on the matter, which prompted Oyo State Governor, Engr Seyi Makinde to launch a fence-mending mission that never worked.

In one of the meetings held to resolve the matter, Makinde was said to have advised that the positions be shared between the two groups, which was said to have been stoutly rejected

by Fayose on the premise that he remains the leader of the party.

A source said that “Governor Makinde warrned the former governor about the consequences of ignoring Senator Olujimi in the scheme of things. He said she was the only person who didn’t allow the party to be shamed in Ekiti. He appealed that the former governor should shift grounds on the matter in the interest of all”.

To douse the conflagrating tension, the party’s NWC, in a statement signed by its National Organizing Secretary , Col. Austin Akobundu (rtd) announced the composition of a Caretaker Committee in Ekiti, thereby foreclosing the reign of Oguntuase-led executive .

The seven -man caretaker committee chaired by former Senate Deputy Chief Whip and former lawmaker representing Oyo North, Senator Hosea Agboola , has Mr Yinka Akerele, Hon. Samuel Omotosho, Hon. Tunji Odeyemi and Ariyo Afolabi, as members. Others include: Hon. Adeyemi Abiodun Sunday and Hon. Diran Odeyemi , who is to serve as secretary of the committee.

With this configuration, it was lucid that the two feuding leaders were recognised and the party demonstrated neutrality. The duo of Omotosho and Ariyo are Fayose’s Loyalists while Akerele and Odeyemi were Olujimi’s cult-like supporters.

Commenting on this intractable bedlam, Olujimi said the state leadership of the party has taken definite position on the controversy surrounding the conduct of the ward Congress in Ekiti, by swearing-in the authentic ward leaders on Friday, May 1, in line with court’s pronouncement and party’s constitution.

The Senator thereby described the inauguration done by Fayose on April 30 as illegal, null and void, insisting that the group inaugurated

by Gboyega Oguntuase- led State Working Committee was the authentic ward executives.

“My attention has been drawn to a purported inauguration of Ward Executives in Ekiti state on 30th April ,2020 by one Barrister Niyi Idowu who is based in Lagos and not a member of our party, PDP. “I wish to state categorically that no such inauguration ever took place in Ekiti State and we stand solidly by the position of the State Executive Committee of the Party as expressed by its Chairman, Gboyega Oguntuase to the effect that the said purported inauguration has no basis in law and fact should be disregarded.

“Our people should learn lessons from the

The problem of PDP began prior to 2018 governorship poll when Fayose, who was then a sitting governor bungled the opportunity for less Herculean succession plan by his autocratic conduct and unbending resolve to impose his deputy, Prof Kolapo Olusola as the gubernatorial candidate. Though he was able to achieve this through a suspicious fashion, but he paid dearly for it by his failure to win the July 14, 2018 election, despite his amplified boast and grandstanding that he owes the ace in Ekiti politics

pronouncement of our Courts to the effect that only the State organ of a Party can inaugurate its local chapters.

This is the extant position of the law as pronounced by a High Court in Calabar just a few days ago.

“The true position of events in Ekiti State is that only the Ward Executives elected on 7th March 2020 conducted by the PDP and monitored by the Independent National Electoral Commission, and security agencies in line with the Constitution of the Federal Republic of Nigeria 1999 and Section 85 and 86 of the Electoral Act remain authentic and have assumed to work as from 1st May 2020.

“As the tenure of the last Ward Executive ended at 12 midnight on 30th April 2020, the tenure of the authentic Ward Executives begins from May 1 and they have been duly inaugurated and begun to function”.

Olujimi charged the new ward executives to carry every member of the party along in decision making and embark on aggressive mobilization of all factions in their various Wards to building a united, cohesive and well grounded PDP in Ekiti.

Countering the position canvassed by Olujimi, Fayose through his Media Aide, Lere Olayinka posited that his opposition only treaded a path to perdition by resorting to litigation ,rather than settling their differences through party internal mechanism.

Fayose said the process leading to the conduct of the congress of March 7 with Taraba Deputy governor firmly in charge and the subsequent swearing in were legal and without ambiguity.

The former governor said, first, those loyal yo Olujimi were the ones who went to court to challenge the conduct and result of the congresses, saying the judge was very clear by saying that the congresses which they came to court over were not in dispute as the congresses had been conducted and concluded.

“When the process had been concluded, it means that there must be a result. It is like when a governorship election had been concluded, and somebody goes to the tribunal to challenge the result, will that stop the winner from assuming office?

“No, the person will assume office while you go on with your case. Again, from the letter dated April 25, 2020, sent by the National Working Committee, it was clearly stated who the new executive members are, based on the expiration of the tenure of the current executives, and (they) shall hold office for a period of four years pursuant to Section 47(1) of our party’s constitution as amended.

“That was on April 30, 2020. When the national body says that the tenure of the ward executive begins April 30, when will they (ward excos in Ekiti) be sworn in”, he stated .

On the crisis of confidence trailing the ward Congress, Oguntuase said the issue is redeemable with a seeming iron cast mindset that the bedlam will be resolved by the court.

Oguntuase insisted that the swearing in done for some ward executives loyal to Fayose by a Lawyer, Mr Niyi Idowu, was an abuse of powers and privileges.

“All the actions taken by the Notary Public was a nullity. Only the State Chairman can swear in a ward executive . If the state chairman refuses to perform such function, only the NWC is vested with such powers .

“Those who brought in a lawyer and non-PDP member to perform the swearing acted ultra vires of their powers . They also acted subjudicially because the matter is in court already”, he said.

Oguntuase said the party under him had written the lawyer on the need for him to retract his decision and tender apology, failing which he would be reported to the Legal Practitioners’ Disciplinary Committee for punitive actions.

NOTE: Interested readers should continue in the online edition on www.thisdaylive.com

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COMMENT

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

TOAST TO EXEMPLARY LEADERSHIP

Olumuyiwa Jimoh pays tribute to Rauf Aregbesola, former Governor of Osun State, at age 63

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he month of May floods me with great memories. This is not just because of the great events that mark it out but because it heralds the rising into mother earth of a man of destiny. A man whose life has impacted and has continued touching many lives here and abroad positively.

A quintessential leader and a proud son of Osun; a man who bequeathed State of Osun with great testimonials of service to the masses.

I have always held the opinion and consistently found it to be truly so that the Almighty God has a purpose for all that happens to a man.

After all the sage, Obafemi Awolowo once boldly assert in a moment of great trial that “whatever happens to a man happens to him for his own good! It is therefore not by coincidence that God will chose the month of May to bless the world with a unique man of purpose; Ogbeni Rauf Adesoji Aregbesola.

Rauf Aregbesola was born into and bred by humanism. He grew learning the art and science of struggle for emancipation. His adulthood was thus baptized into a life that could best be described as embodiment of the struggle to emancipate the downtrodden! He was not deterred by the unpalatable experiences and difficulties growing up in less privileged environment; having not been born with the fabled silver spoon! Rather, he deployed his humble background as a tonic for sharpening progressive ideological worldview. Imbued by the circumstances of deprivation under which he was raised, he became determined and committed to championing the cause of poor masses.

His quest to pursue progressive ideals with passion has continued to define political activism and leadership. Ogbeni Rauf Aregbesola is a man driven essentially and irrevocably by progressive ideology.

His tenure as governor of State of Osun did not only transform infrastructural architecture but also impacted on all facets of human capital development as manifested in education, health, and social development sectors. Not withstanding the limited resources at the disposal of the state and considering the huge personnel cost thrust upon the lean revenue base, Ogbeni Aregbesola transformed the lives of the people through series of social development initiatives in demonstration of his firm believer in the power of the people to create and energize development in any clime.

Under his stewardship as governor, the State of Osun and her people have recovered lost glory and indeed found greater voice in Nigeria by becoming a reference point in many instances. His government became a model of how best to deliver effective governance to a people within the context of meagre resources. Ogbeni Aregbesola deployed the commission of office of governor for exceptional creativity in all aspects of governance.

Ogbeni Aregbesola’s feat as governor was however not surprising given his antecedents, beliefs and avowals as a revolutionary with Marxist-Leninism ideological pedigree. He is today a proud scion of revolutionary school of thought in Nigeria as he has not betrayed the

AREGBESOLA IS A MAN BLINDED TO PRIMORDIAL SENTIMENTS. HE IS NOT RULED BY WHERE YOU COME FROM AND WHAT RELIGION YOU PRACTICE BUT BELIEVES IN REWARDING EXCELLENCE AND EXCEPTIONAL TALENTS

ideology during his tenure as Governor of the State of Osun State.

Aregbesola’s governance model in the State of Osun has indeed rekindled the hope of the of pro-people leadership in Nigeria. He boldly re-enacted the promises which democracy holds for the progress of humanity. He is a man under whose guidance the State of Osun acquired value for every Naira and Kobo channelled into execution of projects. He consciously refused to join the maddening crowd of looters but rather painstakingly insisted dividends of good governance must be delivered to the people. His style of progressive governance ensured great achievements were recorded in State of Osun at minimum costs.

It is therefore our duty to celebrate the birthday of this illustrious cadre of popular struggle as a shining star of our democratic quest.

Present and future leaders in Nigeria especially those in executive positions at the three tiers of government should be encouraged to emulate the virtues of Rauf Aregbesola by providing impactful leadership that will uplift the status of the society and all categories of citizens. Making leadership counts for the greater interest of all and sundry precisely should be attraction for celebrating icons of selfless leadership and one of the ways of entrenching people-centred democracy in Nigeria.

Ogbeni Aregbesola is a man blinded to primordial sentiments. He is not ruled by where you come from and what religion you practice but believes in rewarding excellence and exceptional talents. He is not afraid of seeking out talents, nurturing them and encouraging them to grow and become better so that the community and the Nigerian project can become better served. This disposition has become a virtue with which Ogbeni Aregbesola is presiding over the affairs of Ministry of Internal Affairs where he presently serves as Minister of the Federal Republic of Nigeria.

Without sounding immodest, we would boldly say that Nigeria is blessed to have Ogbeni Aregbesola as minister of the highly strategic Ministry of Internal Affairs at a time the country is facing enormous social and security challenges. His achievements as commissioner under the able leadership of Governor Bola Ahmed Tinubu in Lagos speak for themselves as the signature achievements of that regime which laid the foundation for the great standards Lagos state has today become in the nation’s governance structure.

Ogbeni Aregbesola has provided guidance and mentorship to many young men and that explains the nature and number of young men who form the nucleus of his government in Osun State. Providing opportunities for the youth and believing in their ability to perform has truly open the doors for many including my humble self to participate in the nation’s democracy and contribute positively to the nation’s governance.

As we celebrate this great son of Nigeria on his 63rd birthday, we pray that God Almighty will continue to be the source of his strength.

We celebrate a worthy achiever, an astute yet humble leader.

Hon. Jimoh is Member, Lagos State House of Assembly (Apapa II Constituency)

POLITICS OF COVID-19 AND MANDATORY VACCINATION Mandatory vaccination is neither justifiable nor acceptable, argue Tony Akinyemi and Niyi Oginni

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he proposed Control of Infectious Diseases Act 2020 meant to update the nation’s laws appropriately and safeguard the lives and well-being of all Nigerians have a number of areas in the Bill that violently infringe on the clear provisions of the Nigerian constitution in the areas of human rights and civil liberties and portend grave dangers to our physical, mental, and spiritual health.

Although there are several editorial lapses in the bill, we will like to focus on the two major issues of serious concerns to us. These are (one) several instances of summary abrogation of human rights, dignity and civil liberties; and (two) the issue of mandatory vaccination with the possibility of chip-implants being employed in the areas of vaccine delivery, certification, and surveillance.

Section 6(1) and (2), section 13(1), section 13(4) and section 70 of the bill vested so much power on the Director General of the Nigeria Centre for Disease Control and Prevention (NCDC) that infringe on the fundamental rights and civil liberties of anyone suspected of having been “in contact of an infectious disease�, a judgment for which he cannot be personally held liable even if it was wrong.

As for private properties and assemblies, the bill empowers the Director-General of the NCDC to summarily declare “any premises� an isolation area (section 15(1). Similarly, if “in his opinion� any building (for example a Church) is deemed overcrowded, “so as to expose the occupants to� any of 35 listed infectious diseases (including malaria), they could be asked to disperse with immediate effect (section 16(1)) failure of which a police officer can thereafter come “without warrant� and use “such force as may be necessary� to close the building, and worse still, the owner/occupier will be required to settle the expenses incurred in the exercise (section 16(4)).

Even healthcare professionals are not spared.

They are required to transmit whatever information

the DG requires of them “notwithstanding any restriction on the disclosure of information imposed by any written law, rule of law, rule of professional conduct or contract;� (Section 8(4)). It is incredible that the DG’s opinion can override “any written law� which obviously includes the nation’s constitution and fundamental professional ethics.

All these provisions not only grossly flout several provisions of the Nigerian Constitution (Chapter 4 of the 1999 Constitution as amended), they also violate with impunity the requirements and protocols stated in the NCDC’s own charter (Sections 9, 21, and 22 of the NCDC Act 2018) and in the International Health Regulations (Section 9.1, IHR, 2005) to which Nigeria is a signatory.

Although the Bill does not specifically mention Chip Implants, in our assessment, based on widely available information, there are a number of avenues where chip implants can be smuggled in under the guise of controlling of infectious diseases in Nigeria, if it is passed as presented.

A chip implant, as it is very well established both in scholarly and popular literature, can quickly lead to the absolute abrogation of human rights as the implantee is literally turned into a cyberneticorganism (a.k.a. cyborg); which is a fanciful name for a zombie. The mind of whoever receives the implant becomes totally controlled by the owner of the technology, resulting in an enslavement that is worse than hypnotism or drug-dependence.

Sadly, we perceive that this is the ultimate aim of this bill, which is evidently being pushed by foreign elements under the cover of the COVID-19 pandemic. Health, however, is way beyond just having a body free of COVID-19 virus! It is a state of complete physical, mental and emotional well-being.

We are demanding amendments in four related key areas of the bill, to block loopholes that can facilitate the introduction of chip-implants into the

bodies of Nigerians. These are the areas of Vaccine delivery, Certification of vaccination, and Surveillance which are all associated with Mandatory vaccination.

Mandatory vaccination is neither justifiable nor acceptable. Sections 46(1) and 47(1) of the bill makes it mandatory for every child and adult in Nigeria respectively to be vaccinated against the diseases set out in the Fourth Schedule while Section 30(1) requires “Every person on an international voyage whether leaving or arriving in Nigeria� to produce valid international certificates of vaccination or other prophylaxis to a Port Health Officer (1b).

Our strong objection to these provisions are predicated on well-known issues of Safety and Efficacy of vaccines especially when administered to the general population indiscriminately, not taking individual genetic and physiological constitutions into consideration.

On safety: the safety record of mass-deployed vaccine is so appalling that vaccine manufacturers bluntly insist they cannot be liable for adverse outcomes resulting from their use! Known adverse health issues that have been associated with vaccines include autism, neurodevelopmental disabilities, learning and behavioural problems, immunological disorders including autoimmune disease, allergies, asthma and ectopic conditions, gastrointestinal and reproductive disorders, among others.

In view of the foregoing, it is only fair that any bill that would contemplate mandatory vaccination must also, at the very least, provide compensation for adverse health impacts. Since vaccine manufacturers have never accepted to do this, any government forcing people to be mandatorily vaccinated must be ready to pay compensation for victims of adverse effects resulting from such vaccination. And if vaccination would at all be considered as mandatory for all Nigerians, then it should not be vaccines which are already proscribed in the countries of origin or in the home countries of the “philanthropic�

donors! We can cite two examples with far-reaching health implications in this regard: The mRNA/DNA (nucleic acid) vaccine is an emerging product that has never been approved for use on humans before.

Unlike a conventional vaccine in which a weakened virus is administered to a subject, and antibodies are produced as a result; in mRNA/DNA vaccines, it is the genetic materials of a virus that are directly administered and forced into the nucleus of the human cell. In its essence, this is genetic engineering could result in genetically-modified human beings with vast implications both for human health and ethics. Their trial use in veterinary studies has proven to be disastrous and a moratorium has been placed on their use in humans. Yet, of the 83 vaccines listed by the WHO as candidate vaccines in the pipeline for COVID-19 (as at as at 23rd April, 2020), 20 (including two of the leading candidates – Moderna and Inovio) are nucleic acid vaccines. The second relevant example is the continued use of thimerosalcontaining vaccines (TCVs) in Nigeria, whereas the product has been proscribed in the western nations for over 20 years. The problem is that thimerosal is 49.6% ethyl mercury which is toxic to the human body. The requirement that vaccines be mandatory automatically brings in the issue of certification. The subtle push towards digital implanted chip-based certification is seen in Section 30 Subsection (2) which provides that even when a would-be traveller has produced a “valid international certificate of vaccination� “a Port Health Officer may [still] require such person to undergo vaccination or other prophylaxis.

In fact, if the Port Health Officer so deems it fit, a would-be traveller despite having a valid international certificate of the required vaccination, may still be subjected to “isolation or surveillance for such period as the Port Health Officer thinks fit.�

Akinyemi, Oginni, AFD wrote on behalf of a Coalition of 60 Christian Professional groups in Nigeria

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T H I S D AY ˾ TUESDAY, JUNE 2, 2020

EDITORIAL MUCH ADO ABOUT EXECUTIVE ORDER 10 Governors should do what is right by granting the legislature and judiciary financial autonomy guaranteed by law

T

he Executive Order 10 recently signed

by President Muhammadu Buhari which grants financial autonomy to the legislature and judiciary in all the 36 states has continued to generate controversy. The order seeks the implementation of the provision of section 121(3) of the 1999 Constitution as altered in 2018. In the event of failure of any state government to release the allocations due the state’s legislature or judiciary, the executive order empowers the Accountant General of the Federation to deduct the allocation from source and pay it to the legislature and the judiciary in defaulting states.

In a country where the rule of law is supreme, there would have been no need for any executive order to compel governors to comply with a constitution they all swore to uphold. But the houses of assembly in many of the states are mere rubber stamp legislature whose members cannot hold the governors to account. It is the same with the judiciary in these states where Chief judges often have to go begging for funds from the governors to run an independent arm. These anomalies and many EXCEPT THOSE IN more do not allow AUTHORITY IMBIBE our democracy to THE CULTURE OF RULE flourish. The import OF LAW, NO AMOUNT of Executive Order 10 OF ALTERATIONS TO is therefore to ensure THE CONSTITUTION that governors allow WILL GUARANTEE THE the houses of asSURVIVAL OF OUR sembly and judiciary DEMOCRACY in their states operate independently as provided by the 1999 Constitution.

We agree with the principle behind the executive order signed by the president. Nigerians are good at blaming the federal government for everything that is not going well with the country. Yet, as has been shown during the current lockdown and restrictions of movement to contain the spread of COVID-19, governors indeed wield a lot of powers. But many

of them tend to believe these powers come without accountability. And with that, both the judiciary and legislature have been rendered prostrate in majority of the 36 states. Lack of financial autonomy by these two arms of government accounts for this state of affairs.

That is what Executive Order 10 seeks to resolve.

B

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

ut there are also contending issues. The provision which empowers the Accountant General of the Federation to “authorise the deduction from source in the course of Federation Accounts Allocation from the money allocated to any State of the Federation that fails to release allocation meant for the State Legislature and State Judiciary in line with the financial autonomy guaranteed by Section 121(3) of the Constitution of the Federal Republic of Nigeria 1999 (as Amended)” is contentious.

Notwithstanding Section 5 of the constitution which confers on the president powers to uphold and defend the constitution, the right of states to their own shares of the funds in the federation account by virtue of section 162 cannot be hindered by an executive order. Besides, while the president is duty bound to ensure compliance with the constitution, he does not have the power to issue any order that is either in conflict with, or seeks to expand, the express provisions of the constitution. The question is, what happens if the governors refuse to comply with the judgment? This is not farfetched. It is their refusal to abide by the provisions of the constitution they swore to uphold that has, in the first place, brought about this controversy. Yet, except those in authority imbibe the culture of rule of law, no amount of alterations to the constitution will guarantee the survival of our democracy.

While the governors have decided to dialogue with the Attorney General and Justice Minister on the issue, we implore them not to see this as another issue with which to flex muscles with the federal government. They should just do the needful by granting the legislature and judiciary in their states the financial autonomy that is already guaranteed by law.

TO SEND EMAIL: first name.surname@thisdaylive.com

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Open Letter To Covid-19

N

igeria shouldn’t have been a port of call for you: COVID-19. We have more than enough problems hanging on our necks. There is massive poverty in the land, the global headquarters to extremely poor people in a single country having voraciously harnessed about 87 million out of the global population of about 700 million extremely poor people in the world. There is local parlance (‘Warri no dey carry last’), at least we came first in this respect, ahead of India, a nation of over a billion people, more than five times the population of Nigeria.

COVID-19, you should have pity on us, we have 300,000 Nigerians who die of malaria annually. The ruling elite are not dying in the “Malaria War” and so they do not care, it is not an issue, it is not a pandemic/disease worth paying attention to and yet for five months you have not killed up to 400,000 people globally.

COVID-19, you should have known that about 39,000 Nigerians die by road traffic accidents annually and this is largely due to bad roads and lack of integrated transport system.

COVID-19, you should have considered our poor healthcare system, our ratio for doctor-patient is one to 3,500. In the whole of the country of about 200 million people, there are less than 500 ventilators while some states like Nasarawa State do not have a single ventilator whereas N500 million was expended on exotic cars for 24 privileged ‘Law Givers’. This is a state wherein the Governor, Deputy Governor, House of Assembly members and

other top political office holders are costing the state over N20 billion annually in salaries, allowances, security, perks, etc. The State of Excellence lack testing kits and reagents, they blame the merchants but the bigger merchants are the ‘Alausa boys’ who underfund healthcare and have guaranteed their health tourism in our ‘Collective Budget’. We have just been informed that we shall run out of beds in the isolation centres across the country, we may have cases of sick COVID-19 patients bringing along their beds or mats to the isolation centres or simply isolate in their face-me-I-face-you, 10-person per room apartment. Come to think of it, how would people social distance in crowded shanties across the country wherein one’s window is another person’s door, where 250 people use one shalanga pit toilet, where people struggle for sleeping space under the bridges?

COVID-19, you should know that Nigeria is not prepared for any kind of war, whether insurgency, outright war or war against virus. Wars are mostly fought by the poor, the rich sit in their comfort zone to play the chess game. The poorly motivated and ill-equipped rank and file soldiers are the ones fighting and dying in the war against Boko Haram; it is the healthcare workers that are in the frontline against the war against you (COVID-19). I hope passionately like a typical Nigerian who prays for his or her next meal to come that you leave us so soon. I am sure that our Presido will lead the retinue of Very Important People (VIPs) to travel abroad for medication since you denied them travel privileges for a number of months, having missed their medical appointments after you leave us- no lesson will be learnt in the

area of rebuilding our healthcare. The best we have gotten from these VIPs are addresses of press conferences to tell us how many Nigerians have contracted you in marriage, how many have divorced you and how many died in the marriage.

COVID-19, you should know that everything bad that happens henceforth will be blamed on you. Most governors will not pay salaries of workers let alone N30,000 minimum wage, they may sack some workers, healthcare and education will be underfunded on a bigger scale; the captains of industries in whose hands the economy is entrusted are sacking in droves, the holy ones are paying fractional salaries- all blame goes to you.

COVID-19, you are blamed for the exchanges of poor homeless Almajiris amongst the northern states like captured war prisoners. What is worrisome is the fact that the rich are not being exchanged after all, they are local inter-states investors who are sought after to build the wobbling economy in the respective states. Almajiri system previously was perceived as a culture just to cover up backwardness and irresponsibility of the ruling elite but now, we have a number of the Almajiris who are COVID-19 carriers, whereas the rich who tested positive are given preferential treatment in their states of residence. In one northern state, it was reported that poor COVID-19 patients protested due to neglect. Why the exchanges of poor homeless Almajiris when the governors could simply keep the ones in their respective states, educate them and make them productive rather than the attempt to eradicate Almajiri system by fiat.

Comrade Chinedu Bosah, leninbosah@yahoo.com

16

TUESDAY JUNE 2, 2020 •T H I S D AY

A

WEEKLY PULLOUT

Requiem for Karibi-Whyte, JSC and Chief M.A. Ajomale Sp

02.06.2020

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02.06.2020

GUEST COLUMNIST

Olatunde Adejuyigbe, SAN olatunde@oadejuyigbe-ng.com

‘Executive Order No. 10 is a Subversion of the Nigerian Constitution’ The Agitation for Financial Autonomy of the Nigerian Judiciary I The Constitution of the Federal Republic of Nigeria 1999 which is anchored on a tripod of the Executive, Legislature and the Judiciary, PDGH VSHFLĂ€F SURYLVLRQV IRU WKH IXQGLQJ of the three arms of government from the nation’s treasury. From the inception of the 7KLUG 5HSXEOLF WKH Ă€QDQFLDO DXWRQRP\ RI the Judiciary which is embedded in the Constitution, has proved a mirage. The Judiciary has been underfunded perennially, by the Federal and State Governments. Worse still, the meagre sums allocated to it in the yearly budgets, aare never released early or in full. Going cap in hand to the Executive for funds, is a recurring ugly experience for Heads of Courts. The dysfunctional justice system is partly due to inadequate funding of the Judiciary, as it continues to grapple with decrepit infrastructure and SRRU UHPXQHUDWLRQ RI MXGLFLDO R΀FHUV DQG other personnel.

Legal Action by Judiciary Staff Union of Nigeria In 2013, the Judiciary Staff Union of Nigeria (JUSUN) instituted an action constituted as Suit No: FHC/ABJ/CS/667/13 against the National Judicial Council, the Attorney-General of the Federation and the Attorney-Generals of the States, and claimed reliefs for the implementation RI WKH ÀQDQFLDO DXWRQRP\ RI WKH -XGLFLDU\ in accordance with the provisions of the 1999 Constitution. The Honourable Justice Adeniyi Ademola of the Federal High Court, Abuja, delivered judgement in the suit on the January 14, 2014, and granted the following reliefs: i) A declaration is hereby made that the 2nd-74th Defendants’ failure, neglect and/or refusal to pay the Funds/Amount standing to the credit of the States’ Judiciary, is a Constitutional breach which has to be abated forthwith. ii) That an Order is hereby made that the piece-meal payments/allocation of funds through the States’ Ministry of Finance to the States Judiciary at the 2nd-74th Defendants’ pleasure is unconstitutional, unprocedural cumbersome, null, void and be abated forthwith. iii) That an Order is hereby made mandating/compelling the 2nd-74th Defendants to comply with the provision of Section 81(3), (4) (3) and 162(9) of the 1999 Constitution (as amended) in the disbursement of funds to the head of Courts forthwith iv) That an Order of Perpetual injunction is hereby made, restraining the 2nd-74th Defendants, their agents, assigns, privies etc from committing any further breach of the aforesaid Constitution/statutory provisions.

None of the 36 States appealed against the judgement in the JUSUN action, yet they did not comply with the orders made by the court. Their disobedience to the orders of the court, necessitated the January 2015 strike action by JUSUN. In BABATUNDE & ORS v OLATUNJI & ORS (2000) 2 NWLR (Pt. 646) 557 KATSINA-ALU JSC (as he then was) UHLWHUDWHG WKH OHJDO HÍżHFW RI D MXGJHPHQW “It is settled practice that, there is a presumption of correctness in favour of a Court’s judgement.

Unless and until that presumption is rebutted and the judgement is set aside, it subsists and must be obeyed. It cannot for any reason under our law, be ignored.� The Governors of the 36 States are bound by the judgement in the JUSUN action, and must obey same.

Section 162(9) of the Constitution The third relief granted by ADEMOLA J in the JUSUN action, is an order compelling the 2nd-74th Defendants to comply with

“THE ORDER MADE BY THE PRESIDENT IS IN CONTRAVENTION OF SECTION 162(4) OF THE CONSTITUTION......

IT IS WORRISOME THAT THE PRESIDENT COULD RESORT TO AN EXTRAJUDICIAL MECHANISM, TO COMPEL THE STATES TO OBEY HIS UNCONSTITUTIONAL EXECUTIVE ORDER�

Olatunde Adejuyigbe, SAN

the provision of Section 162(9) of the 1999 Constitution in the disbursement of funds to the Heads of Courts forthwith. Section 162(9) of the Constitution provides: “Any amount standing to the credit of the judiciary in the Federation Account shall be paid directly to the National Judicial Council for disbursement to the heads of courts established for the Federation and the States under Section 6 of this Constitution�.

In A-G FEDERATION v A-G ABIA No 2 (2002) 6 NWLR (Pt. 764) 542 the Supreme Court held that, payment of salaries and allowances of judicial ofďŹ cers and recurrent expenditure from the Federation Account, is unconstitutional. UWAIS CJN said : “It has transpired also that other deductions are being made from the Federation Account in respect of monies paid to National Judicial Council for funding the Federal and State, and for funding joint venture contracts and the Nigerian National Petroleum Corporation priority projects. All these deductions are carried out as front line charges, on the Federation Account. All the deductions are not provided for by the 1999 Constitution notwithstanding the provisions of Section 162 subsection (9), in the case of National Judicial Council, so that even if any enactment has provided for them, like the Appropriation Act by National Assembly, such is inconsistent with the Constitution and is therefore, void to the extent of its inconsistencyâ€?.

In view of the decision of the Supreme Court that payments being made to the National Judicial Council from deductions made from the Federation Account are not provided for by the Constitution, the order of ADEMOLA J in relation to Section 162(9) of the Constitution was made per incuriam.

Executive Order No. 10 by President Muhammadu Buhari In the bid to ensure an implementation of WKH ÀQDQFLDO DXWRQRP\ RI 6WDWH /HJLVODWXUH and State Judiciary in compliance with the Constitution, President Muhammadu Buhari has now made Executive Order No 10 - The Implementation of Financial Autonomy of

State Legislature and State Judiciary Order, ZKLFK WRRN HͿHFW RQ 0D\ WK 7KH President made the Executive Order on the SUHPLVH WKDW WKH LPSOHPHQWDWLRQ RI ÀQDQFLDO autonomy of the State Legislature and State Judiciary will strengthen the institutions at the State tier of Government, and make them more independent and accountable in line with the tenets of democracy as enshrined in the Constitution of the Federal Republic of Nigeria 1999 (as amended).

7KH R΀FH RI WKH 3UHVLGHQW LV D FUHDWLRQ RI the Nigerian Constitution, hence, no matter the right motives and good intentions of the President, his acts and orders made by him must pass the validity test within the ambit of powers vested in him by the same Constitution.

The legitimacy of the Executive Order No. 10 must therefore, be viewed not from the desire of the President to deepen the tenets of democracy, but from the lens of the Constitution which is the grundnorm. In ROSSEK v A.C.B. LTD & ORS (1993) 8 NWLR (Pt. 312) 382 Ogundare JSC said: “A Constitution, in my respectful view, is the organic law of a country and it prescribes rights, powers, duties and responsibilities. It indeed, is the fons et origo from which all other laws derive their validity’’.

Executive Powers under Section 5 of the Constitution The President said he made Executive Order No. 10 by the power vested in him under Section 5 of the Constitution of the Federal Republic of Nigeria 1a999. There is a dichotomy in the executive powers of the Federation vested in the President, and the executive powers of a State vested in the Governor of a State under Section 5 of the Constitution. The executive powers vested in the President and the Governors, extend in like manner to the execution and maintenance of the Constitution within their spheres of authority in tandem with the doctrine of Federalism. In A-G LAGOS v A-G FED (2003) 12 NWLR (Pt. 833) 1 UWAIS CJN

restated the autonomy of each government in the Federation when he said: “By Section 2(2) of the 1999 Constitution, Nigeria shall be a Federation and by the doctrine of federalism which Nigeria has adopted, the autonomy of each government, which presupposes its separate existence and its independence from the control of the other governments including the Federal Government, is essential to federal arrangement. Therefore, each government exists not as an appendage of another government, but as an autonomous entity in the sense of being able to exercise its own will, in the conduct of its affairs, free from direction by another government�.

Each of the 36 States of Nigeria is an autonomous entity free from direction by the Federal Government, or the government of another State. The President clearly has no power under Section 5 of the Constitution or any other provision of the Constitution, to set up an arrangement for the funding of the Legislature and Judiciary of any of the 36 States, from the allocation due to the States from the Federation Account.

Section 121 of the Constitution

By Section 121 of the Constitution, the Governor of a State shall cause to be prepared and laid before the House of Assembly at any time before the commencement of each ÀQDQFLDO \HDU HVWLPDWHV RI WKH UHYHQXHV DQG expenditure of the State for the next following ÀQDQFLDO \HDU 6HFWLRQ SURYLGHV WKDW DQ\ amount standing to the credit of the Judiciary in the Consolidated Revenue Fund of the State shall be paid directly to the heads of the courts concerned. The Constitution does not vest the President with any power in respect of the preparation of the budget of a State Government, or the allocation of funds cont'd on page 7

LAW REPORT/3

Effect of Failure to Include Questions for Determination in an Originating Summons

O Facts

n 14th August, 2009, the 4th Respondent, acting as the Governor of Central Bank of Nigeria, issued an order removing all the Executive Directors of the 6th Respondent bank, and appointed the 5th Respondent and other persons in their place. By the same order, the sum of N120 billion was injected into the bank on the basis that it was weak, under-capitalised and/or insolvent, and therefore, an unreliable and XQVDIH ÀQDQFLDO LQVWLWXWLRQ 7KH WK 5HVSRQGHQW SXEOLVKHG KLV actions and accusations against the 6th Respondent bank in print and electronic media, both nationally and internationally, and threatened to turn over the 6th Respondent bank to the 2nd Respondent, the Nigeria Deposit Insurance Corporation 1',& RU VHOO LW DORQJVLGH RWKHU DͿHFWHG EDQNV RXWULJKWO\ to foreign investors.

As a result of the crisis in the 6th Respondent bank, and on the instigation of the 4th Respondent, the former Directors were handed over to the Economic and Financial Crimes Commission (EFCC) for investigation, and possible recovery of GHSRVLWRUV¡ ORVW IXQGV 7KH ()&& ZKLFK ZDV WKH WK 5HVSRQGHQW RQ WKH 2ULJLQDWLQJ 6XPPRQV EXW ZDV VWUXFN RͿ WKH DSSHDO at the Court of Appeal for non-appearance, did not restrict its arrest and interrogations to the concerned parties; it also went after the customers of the 6th Respondent bank, arresting and detaining them, and thus, coercing many of them to repay loans granted to them by the bank. However, the monies recovered by the EFCC were never paid over to the 6th Respondent bank, which the 4th Respondent continued to denounce as being insolvent.

Subsequently, the Appellants, who are minority shareholders of the 6th Respondent bank and who did not believe that WKH DFWLRQV RI WKH WK 5HVSRQGHQW ZDV ERQD ÀGH ÀOHG DQ Originating Summons at the Federal High Court, Lagos, by which they sought leave to bring a Derivative Action on behalf of the 6th Respondent bank, and also challenged the actions of the 4th Respondent. In the Originating Summons, the Appellants did not raise any question for determination, EXW VRXJKW WKH QXOOLÀFDWLRQ RI WKH DSSRLQWPHQW RI WKH WK Respondent as the Governor of the Central Bank of Nigeria, DQG KLV DFWLRQV ZLWK UHVSHFW WR WKH WK 5HVSRQGHQW EDQN 7KH\ also sought other declaratory and injunctive Orders against the Respondents, as well as damages.

In response to the Originating Summons, the Respondents HDFK ÀOHG D 0HPRUDQGXP RI &RQGLWLRQDO $SSHDUDQFH DQG Notices of Preliminary Objection, challenging the competence of the suit and the jurisdiction of the Federal High Court to KHDU DQG GHWHUPLQH WKH $SSHOODQWV¡ DFWLRQ 7KH 3UHOLPLQDU\ Objection was heard and in its ruling delivered on 16th June, 2010, the trial court upheld the Preliminary Objection and struck out the suit on the ground that the Originating Summons GLG QRW FRQWDLQ TXHVWLRQV IRU GHWHUPLQDWLRQ 'LVVDWLVÀHG WKH Appellants appealed to the Court of Appeal which upheld the ruling of the trial court and dismissed the appeal. Still GLVVDWLVÀHG WKH $SSHOODQWV ÀOHG DQ DSSHDO DW WKH 6XSUHPH Court.

Issue 7KH $SSHOODQWV IRUPXODWHG D VROH LVVXH IRU GHWHUPLQDWLRQ in their joint brief, while the Respondents also formulated WKHLU LQGLYLGXDO VROH LVVXHV 7KH 6XSUHPH &RXUW DGRSWHG WKH issue formulated by the Appellants in its determination of the appeal thus: Whether the Court of Appeal was right in its conclusion that the Originating Summons of the Appellants was incompetent, and must be struck out for not containing questions for determination.

Arguments Counsel for the Appellants argued that the Court of Appeal erred in law, when it dismissed the Appellants’ appeal on the ground that their Originating Summons did not contain questions for determination. Counsel cited Order 9 Rule 1 of the Federal High Court (Civil Procedure) Rules, 2009 and Rule 2(2) of the Companies Proceedings Rules, 2001 in support of the form of the Originating Summons with which the Appellants commenced the action. He referred to the format of the Originating Summons in Form 2 as provided in Rule 2(2) of the Companies Proceedings Rules and contended that, the form does not require that the Originating Summons should have questions for determination particularly when the action is a Derivative Action brought under Section 303 of the Companies DQG $OOLHG 0DWWHUV $FW &$0$ +H FLWHG WKH FDVH RI AGIP

(NIG.) LTD v AJIP PETROLI INTERNATIONAL (2015) 5 NWLR (Pt. 1187) 348, in support of his position.

In reply, counsel for the 1st Respondent as well as counsel for other Respondents submitted similarly that, the principal claims of the Appellants as contained in their Originating 6XPPRQV ZHUH QRW EDVHG RQ WKH RSHUDWLRQ RI &$0$ DV posited by counsel for the Appellants; hence, the form of the Appellants’ Originating Summons was inappropriate. Dr. K.U.K. Ekwueme, lead counsel for the 4th to 6th Respondent, distinguished the case of AGIP (NIG.) LTD v AJIP PETROLI INTERNATIONAL (SUPRA) cited by the Appellants and the instant case, and contended that the facts are not the same. He submitted that, the Court of Appeal was right to have upheld the ruling of the trial court upholding the Respondents’ Preliminary Objection which was premised on the provision of Rule 21 of the Companies Proceedings Rules, which limits the applicability of the Companies Proceedings Rules to actions founded on any provision of any section RI 3DUW $ RI &$0$ Counsel submitted further that, the matter at the lower FRXUW ZDV GHFLGHG RQ WKH EDVLV RI 2UGHU 5XOHV DQG RI the Federal High Court (Civil Procedure) Rules, 2009 which provide that an Originating Summons which a person relies upon to establish entitlement to a legal and equitable right, must contain issues for determination.

Honourable Paul Adamu Galinje, JSC

In the Supreme Court of Nigeria Holden at Abuja On Friday, the 7th day of February, 2020 Before Their Lordships

Mary Ukaego Peter-Odili Olukayode Ariwoola John Inyang Okoro Amina Adamu Augie Paul Adamu Galinje SC.208/2012 Between 1.

2.

3.

4.

BONIFACE EBERE OKEZIE RASHEED OLATUNDU BASIL UBAH WAHEED SONIBARE

APPELLANTS

And 1.

2.

3.

4.

5.

CENTRAL BANK OF NIGERIA NIGERIA DEPOSIT INSURANCE CORPORATION THE ATTORNEY-GENERAL OF THE FEDERATION MALLAM LAMIDO SANUSI FUNKE OSIBODU (For herself and representing the Persons for 4th Respondent appointed to the Board of the 6th Respondent) 6. UNION BANK PLC RESPONDENTS

(Lead Judgement delivered by Honourable Paul Adamu Galinje, JSC)

“ORDER 3 RULE 9(1) OF THE 2009 RULES HAS GIVEN LIBERTY TO A PLAINTIFF WHO IS DESIROUS OF COMMENCING AN ACTION

BY ORIGINATING SUMMONS, TO CHOOSE BETWEEN FORM 3 AND FORM 4.....IF HE CHOOSES FORM 4, HE DOES NOT NEED TO RAISE QUESTIONS, BEFORE SETTING OUT THE RELIEFS WHICH HE SEEKS�

Court’s Judgement and Rationale In its decision, the Supreme Court considered the submissions of counsel for the parties and came to the conclusion that DOWKRXJK 2UGHU 5XOH RI WKH )HGHUDO +LJK &RXUW &LYLO Procedure) Rules, 2009 provides for the raising of questions in an Originating Summons before reliefs are claimed; however, WKH SURYLVLRQ LV QRW DEVROXWH %\ 2UGHU 5XOH D 3ODLQWLͿ is allowed to take out an Originating Summons in any of the forms 3, 4 or 5 provided in the rules, with such variations as circumstances may require. Hence, if the provision in 2UGHU 5XOH ZDV DEVROXWH WKH SURYLVLRQ LQ WKH 5XOH

ZRXOG KDYH EHHQ XQQHFHVVDU\ 7KH $SH[ &RXUW KHOG WKDW WKH authority in FAMFA OIL LTD v ATTORNEY GENERAL OF THE FEDERATION & ANOR (2003) 18 NWLR (Pt. 852) 453 and other authorities cited by the Court of Appeal in support of its decision were decided under the Federal High Court (Civil Procedure) Rules, 2000, which mandated the formulation of questions for determination in an Originating Summons.

7KH )HGHUDO +LJK &RXUW &LYLO 3URFHGXUH 5XOHV GRHV QRW contain the mandatory provision for formulation of questions for determination. Order 3 Rule 9(1) of the 2009 Rules has JLYHQ OLEHUW\ WR D 3ODLQWLÍż ZKR LV GHVLURXV RI FRPPHQFLQJ an action by Originating Summons, to choose between Form 3 and Form 4, depending on the circumstances of his case.

If he chooses Form 4, he does not need to raise questions, before setting out the reliefs which he seeks. Relying on its decision in INAKOJU v ADELEKE (2007) 4 NWLR (Pt. 1025) 427 at 574, the Court held that where there are VX΀FLHQW SURYLVLRQV LQ WKH UXOHV RI FRXUW WR VXVWDLQ DQ DFWLRQ the rules of natural justice demand that parties should be heard, with a view to resolving their dispute once and for all. It is in the interest of justice that parties are not shut out prematurely from being heard, in accordance with the laid down procedures in the court’s Rules.

7KH 6XSUHPH &RXUW FRQFOXGHG WKDW WKH WULDO FRXUW ZDV ZURQJ LQ VWULNLQJ RXW WKH $SSHOODQWV¡ VXLW ZKLFK ZDV ÀOHG when the Federal High Court Rules, 2009 had come into HͿHFW DQG WKH &RXUW RI $SSHDO ZDV ZURQJ WR KDYH XSKHOG WKH GHFLVLRQ RI WKH WULDO FRXUW 7KH DSSHDO ZDV WKXV DOORZHG and the case remitted to the Chief Judge of the Federal High Court to be assigned to another trial Judge for trial.

Appeal Allowed.

Representation Mr. Chuks Nwachukwu for the Appellants.

Mr. Olanrewaju Osinaike with Chima Okereke and Rapheal Ipinyomi for the 1st Respondent.

Mr. Hamid Ogunbiyi for the 2nd Respondent.

Mr. Adekunke N. Aribisola for the 3rd Respondent.

Dr. K.U.K. Ekwueme with Abdulkadir Mustapha and Babatunde Ige for the 4th to 6th Respondent.

Reported by Optimum Publishers Limited, Publishers of the Nigerian Monthly Law Report (NMLR)

4/ COVER

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02.06.2020

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Requiem for Karibi-Whyte, About a fortnight ago, the Bar and the Bench lost two of its prominent members, retired Justice of the Supreme Court of Nigeria, Life Bencher and Chairman of the prestigious Body of Benchers (2001-2002), Honourable Justice Adolphus Godwin Karibi-Whyte, and Life Bencher and Chairman of the Body of Benchers (2006-2007), Chief Mobolanle Ademola Ajomale. In this Special Edition, former President of the Nigerian Bar Association and Chairman of the Body of Benchers, O.C.J. Okocha, SAN, and Learned Senior Advocates, Asiwaju Adegboyega Awomolo, Dele Adesina, Charles Uwensuyi-Edosomwan and Dr Babatunde Ajibade, pay tribute to these illustrious legal titans

Tribute to Honourable Justice Adolphus Godwin Karibi-Whyte, CON, DSSRS, JSC (Rtd) O. C. J. Okocha, MFR, SAN

I

The NCDC Act 2018: Functions of the NCDC t is with sadness that I write this tribute to the memory of the Honourable Justice Chief Adolphus Godwin Karibi-Whyte, CON, DSSRS, Retired Justice of the Supreme Court of Nigeria, who died on May 22nd, 2020, at the age of 88. I knew Justice Chief Adolphus Godwin Karibi-Whyte rather well; he was one of the most eminent jurists to emerge from Rivers State of Nigeria.

His Journey Born in Abonnema in the Akuku-Toru Government Area of Rivers State of Nigeria, he started his career in the legal profession as a legal practitioner, having been called to Bar at the Middle Temple, London in 1965, shortly after which he returned to Nigeria to attend the Law School, and thereafter, enrol as a Solicitor and Advocate of the Supreme Court. +H ZRUNHG EULHÁ\ LQ WKH 5LYHUV 6WDWH 0LQLVWU\ RI Justice, from where he was appointed a Judge of the Federal High Court. His Lordship proceeded to the Court of Appeal, and ultimately to the Supreme Court, where he served with dedication and zeal until the year 2002, when he retired from the Judiciary in the International Criminal Court at The Hague Netherlands.

The Honourable Justice A. G. Karibi-Whyte was perhaps one of the last of the Justices to serve during the golden years of the Supreme Court of Nigeria, the likes of which included, Honourable Justices Chukwunweike Idigbe, Andrews Otutu Obaseki, Kayode Eso, Chukwudifu Akunne Oputa, Mohammed Lawal Uwais, Salihu Modibo Alfa Belgore, Anthony Ikechukwu Iguh, and some others. He was a Life Bencher, and also served as the Chairman of the Honourable Body of Benchers from 2001 to 2002.

Upon his retirement from Judicial service, The Honourable Justice A. G. Karibi-Whyte was appointed the Chairman of the Rivers State Advisory Council from 2003 to 2007, when His Excellency, Sir Dr. Peter Odili, CON, GSSRS, was the Governor of Rivers State. Thereafter, he served as the Pro-Chancellor and Chairman of the Governing Council of the Rivers State University, Nkpolu Oroworukwo, Port-Harcourt. Until his death, the Honourable Justice Chief Karibi-Whyte was the Chief/Head of the Boto/Whyte House in the Iju/Jack Group of Houses of Abonnema.

As Chairman of the Body of Benchers, and an indigene of Rivers State, I have to say that the wise counsel and fatherly presence of Justice Chief Adolphus Karibi-Whyte, will be sorely missed. I know that he will also be sorely missed by his wife of over 50 years, his children, his grandchildren, his great grandchildren, and all the members of the bereaved families, to which he belonged. We all must pray the Almighty and Eternal God to comfort all who are bereaved, and we all must also pray the same Almighty and Eternal God to grant the soul of his departed Lordship eternal rest in peace. AMEN! AND AMEN! O. C. J. Okocha, MFR, SAN, JP, former President, NBA; Chairman, Body of Benchers

Justice Adolphus Godwin Karibi-Whyte

Karibi-Whyte JSC: A Life of Service and Demonstration of Knowledge Dele Adesina, SAN Writing a tribute to Honourable Justice Adolphus Godwin Karibi-Whyte, JSC (Rtd), for me, is an enormous task. This is because reeling RXW KLV /RUGVKLS·V VLJQLÀFDQW DFFRPSOLVKPHQWV LQ life, and more particularly, on the Bench, leaves RQH LQ D YHU\ GL΀FXOW VLWXDWLRQ WR GHFLGH ZKDW to pick and what to leave behind.

His Life and Career Honourable Justice Adolphus Karibi-Whyte JSC (hereinafter referred to as Justice Karibi-Whyte), died at the ripe age of 88 years.

He was born on the 29th of January, 1932 in Abonnema, Akuku Toru Local Government Area of Rivers State. He obtained his Undergraduate Law Degree from the University of Hull in 1960, and was called to the Bar in 1961. He also attended the University of London in 1962, where he obtained his Ph.D. However, his contributions to law and delivery of justice started in 1951, when he clerked for a Court till 1957, before

“ONE COULD IN SUM, IN A TITLESCRAZED COUNTRY LIKE NIGERIA ADDRESS HIM AS: THE HON DR, (PROFESSOR, JUSTICE, JUDGE, CHIEF) ADOLPHUS GODWIN KARIBI-WHYTE, JSC (RET) CON, CFR., A GREAT NIGERIAN JUDGE AND SCHOLAR”

going to the University.

He joined the Rivers State Ministry of Justice as a Draftsman in 1973, and later became the Solicitor-General in Rivers State. He was also an Associate-Professor of Law at the University of Lagos.

Justice Karibi-Whyte was appointed as a Judge in the Federal Revenue Court. He presided in that court till 1980, when he was elevated to the Court of Appeal. He served in the Court of Appeal for four years before being elevated again, to the highest court of the land, the Supreme Court. It was in this court that he rendered most of the judgements which have not only stood the test of time, but some of which have also become the locus classicus on the issues of law determined by the Court.

As a Justice of the Supreme Court His Lordship contributed in no small measure, to the development of our laws; both through his majority and dissenting judgements. Even when his position appeared to be unpopular, he would nonetheless, marshal his reasoning in the most eloquent and professorial manner. His judgements were always well researched, and he never failed to decide momentous issues of law, according to his belief and depth of knowledge. He would not hesitate to render dissenting judgement whenever his erudition, his research, his depth of knowledge, his conscience, and his understanding of the issues of facts and law involved in the matter, dictated to him the imperative need and necessity to depart from the reasoning of his colleagues.

Some of his Decisions are still the Loci Classici I readily recall his Lordship’s dissenting decision in the case of Attorney-General of the Federation v Attorney-General of Abia State & Ors (2001) LPELR-24862 where his Lordship of blessed memory enthused as follows: “I have read the leading ruling of the learned Honourable Chief Justice. I have found it difficult to reconcile my understanding of the law and the exposition in the decided cases of the accepted, well-settled principles of the law as applicable to the factual situation of

this case, the constitutional position of the courts and the exercise of the jurisdiction in the determination of the rights granted by the Constitution, with the reasoning and conclusions of the Honourable Chief Justice in his ruling. .…It seems to me unnecessarily ambitious, for this court to assume jurisdiction, where the law has not vested any. The thirst to assume jurisdiction should be prudently controlled, by the reasonableness and propriety of its exercise. The watch-word in the situation, is caution. It is preposterous to assume jurisdiction, where there is no cause of action......To assume jurisdiction in such circumstances, is like sailing on an uncharted sea without a compass or driving to an unknown destination without a road map. As angels of justice, the courts should avoid treading dangerous alleys.

It is hardly disputable that, where there is no cause of action, there cannot be a justiciable dispute. The court should not be overly anxious to expand its jurisdiction, in situations where the law has granted none”.

Legal practitioners, particularly the forensic advocates among us will admit the fact that, Justice Karibi-Whyte’s dissenting decision in Savannah Bank of Nigeria v Pan-Atlantic Shipping and Transport Agencies Limited (1987) now represents the foundational basis for the law as it is today.

It was not all the time, that he rendered dissenting judgements. No! but he always delivered impactful judgements. One of such impactful decisions was the case of Saraki v Kotoye (1992) 9 NWLR (Pt. 264) 156 at 188 where he presented a clear opinion which today has remained the locus classicus on abuse of court process to consist of: “…the intention, purpose or aim of the person exercising the right to harass, irritate and annoy the adversary and interfere with the administration of justice; it is the inconvenience and inequities involved in the aims and purposes of the action”.

He went on to identify specific instances of what would constitute an abuse of court process as including but not limited to: (i) Instituting multiplicity of actions on the same subject against the same opponent on the same issues. (ii) Instituting different actions between the same parties simultaneously, in different courts. (iii) Where two similar processes are used in respect of the exercise of the same right. (iv) Where there is no iota of law supporting a court process, or where it is premised on frivolity or recklessness”.

Even though in our briefs today, we all argue WKDW WKH FRQFHSW RI DEXVH RI FRXUW SURFHVV LV ÁXLG and imprecise one, Justice Karibi-Whyte provided us with the much-needed guidance, clarity, and barometer on the issue of abuse of court process.

Till now, in 2020, the said case remains the locus classicus and the go-to judicial authority, for the question of abuse of court process.

He also rendered an outstanding opinion on the essence of interlocutory injunctions, and when a Court ought to grant same in Akapo v Hakeem Habeeb (1992) 6 NWLR (Pt. 247) 266 at 289, where he held that: “It is well established that the essence of the grant of injunction is to protect the existing legal right of a person from unlawful invasion by another – See Kotoye v C.B.N. (1989) 1 NWLR (Pt. 98) 419. It is for the protection of a recognisable right. See Obeya Memorial Hospital v Attorney-General for the Federation & Anor (1987) 3 NWLR (Pt.60) 325. Hence, an injunction can be granted, though no pecuniary damage is proved. See King v Brown, Durant & Co. (1913) 2 Ch.416. As long as the acts complained of will result in the infringing of the applicant’s rights, cont'd on page 5

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JSC and Chief M.A. Ajomale it is a proper case for intervention by the grant of an injunction�.

His Lordship’s ability to cut through the façade and go straight to the resolution of the main issue at hand was indicative of his extraordinary analytical mind and great attention to detail.

I decided to highlight the above cases just to further demonstrate that the landmark cases of Tukur v Gongola State (1989) 4 NWLR (Pt. 117) 517, Grace Jack v University of Agriculture, Makurdi (2004) 17 NSCQLR 90 at 102 and Savannah Bank of Nigeria v Pan Atlantic Shipping & Transport Agencies Ltd (1987) 1 NWLR (Pt. 49) 212 are not the only landmark cases where his Lordship demonstrated his consummate and absolute grasp of not just what the law is, but what the law ought to be.

Justice Karibi-Whyte, a man of imposing personality was a great man. A man of honour and excellence, an achiever, and a man of high integrity. By his stature, both physically, educationally, professionally and above all judicially, he could never pass you by unnoticed. To him, his conscience was his companion. He was a pride to the legal profession.

Justice Karibi-Whyte was an extraordinary personality. He lived a life of service.

May his soul rest in perfect peace. Amen.

Dele Adesina, SAN, former General Secretary, NBA

K a r i b i - W hy t e : Tw o Decades on the Supreme Court Bench Without Blemish Chief Charles Uwensuyi-Edosomwan, SAN His Different Appellations Adolphus Godwin Karibi-Whyte had many ap-

Justice Adolphus Godwin Karibi-Whyte

pellations, on how he could be addressed. You could address him as Professor Karibi-Whyte for his attainment of the professorial status as a law teacher, researcher and author of many Law books and learned law articles. One could also address him as Hon. Justice Karibi-Whyte, Justice of the Supreme Court (JSC) Rtd. for his almost two decades on the Supreme Court Bench as a credible Justice with a distinguished presence, whose large footprints on the annals of the court are all over the law reports, law journals and memo-graphs.

Indeed, Professor Itsejuwa Sagay, SAN, referred to his time at the Supreme Court as the Court’s golden era.

He could also be addressed Hon. Judge KaribiWhyte, for the full tenure of five years he spent on the pioneer Bench of the International Criminal Tribunal for the Former Yugoslavia - the UN Tribunal that was the precursor of the International Criminal Court at the Hague, Netherlands.

While at that Tribunal, he brought his immense expertise in Criminal Law and Procedure honed by many years as a law teacher, author and Judge to bear in aiding the grounding of that Tribunal, by the formulation of the rules of procedure that helped it bring justice and succour to traumatised minorities of the old Yugoslavia, whilst establishing current norms of ethnic harmony and race relations, declaring new norms on harmonious ethnic and race relations for the modern world.

One could also address him as Chief Adolphus Godwin Karibi-Whyte, Grand Chief of Boto War Canoe House of Abonnema, Rivers State of Nigeria, where he presided and conducted the affairs of a great and formidable clan of the Kalabari Ijaw nation.

One could in sum, in a titles-crazed country like Nigeria address him as: The Hon Dr, (Professor, Justice, Judge, Chief) Adolphus Godwin Karibi-Whyte, JSC (Ret) CON, CFR., a great Nigerian Judge and scholar.

The Man In the roles that life placed on him to play, he excelled in all of them in ways that made his high achievements seem like an effortless attainment, or ordinary milestones in a life lived on exemplary terms. His reputation as a man of principle and uncommon commitment is a cloak that this distinguished, calm and mild mannered man with a rare attribute of expressing heavy stuff in low decibels, wore easily.

In his different roles, he always hugged the high moral ground.

As a teacher, he was an exceptional mentor. As a Judge, our law reports and law journals bear eloquent testimonies of his prodigious stature, as a giant of Nigerian general law and International Criminal Law. As a researcher, his record at the Institute of African and Oriental studies, London, is of commendable acclaim. His researches on African Customary Law yielded the codification of that branch of law in Sierra Leone, The Gambia and several African countries. Those researches have also yielded a recent epic publication on Ijaw Chieftaincy history and legal regime, with particular reference to his Kalabari people. It is remarkable that this particular publication that has garnered high praise from critics, was written and published after Karibi-Whyte had attained the age of 85 years.

His story as a disciplined but loving parent and a doting husband, is the source of loving tales from members of his family, especially his loving wife and companion of almost six decades, Princess Faith Asrame Karibi-Whyte, nĂŠe Bob-Manuel.

Thus, to speak of Karibi-Whyte is indeed to speak simply of a good man, a God fearing man who in his life’s sojourn also found time to serve God in his role as Lord Chancellor of the Church of Nigeria (Anglican Communion) for many years. He also found time to midwife for Nigeria, its present constitution as Chair of the constituent Assembly that produced the 1999 Constitution.

Chief Charles Uwensuyi-Edosomwan, SAN, FCIarb (UK), former Attorney-General, Edo State

Tribute to a Legend, Chief M. A. Ajomale: ‘A Legal Institution in his own right’

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His Career he Legal Profession has lost an illustrious and respectable leader, Chief M. A. Ajomale, Life Bencher and Past Chairman Body of Benchers, who broke many records in his professional life.

He was a seasoned civil servant of the colonial days, and a legal practitioner of note in the Ministry of Justice of the old Western Nigeria.

After an illustrious public service career, he moved into the commercial banking, and brought into the system, greater innovation, experience, integrity, V\VWHPDWLF OHJDO FRQĂ€GHQFH WR WKH RSHUDWLRQV RI the Union Bank of Nigeria. He was, I believe, the longest-serving Company Secretary/Legal Adviser to the Bank.

As the Chairman of the Body of Benchers When he retired from active legal practice, he committed himself to serve the legal profession.

He became Chairman of the Body of Benchers, and in that capacity introduced unforgettable innovations to the business of the Body of Benchers. He and Mrs Hariat Aderinsola Balogun, former Chairman Body of Benchers, His Royal Highness L. H. Gumi, the former CJ FCT and their Committee Members, caused the design and laid the foundation, for the Benchers Hall nearing completion in Abuja. They Robed the Body of Benchers in appropriate Robes of the respected, colourful and admirable silk, that the Body adorns today, as the body of highest and distinguished members of the Legal Profession.

As my Chairman of the Finance Committee, he LQWURGXFHG Ă€QDQFLDO V\VWHPV WKDW ZHUH KLWKHUWR believed to be impracticable, but in practice, found WR EH SURĂ€WDEOH WR WKH %RG\ His Personality He was a committed, courageous Bar leader, and very proud of his Oduduwa lineage. His leadership practice was “do as I do and respond to my gentle persuasion.â€? He was never irritated, no matter the provocation.

He was a very organised person, great motivator DQG D FRQWHQWHG SHUVRQ ZKR ZDV IXOĂ€OOHG LQ HYHU\ sense. He was a man of great faith, who never

Body of Benchers, which sad event occurred on the May 20th, 2020.

The Man: Chief Ajomale Chief M. A. Ajomale was called to the Bar in Nigeria in the year 1972, and worked for several years as a legal practitioner in employment with Union Bank of Nigeria PLC at the Bank’s Head 2΀FH DW 1R 0DULQD /DJRV 1LJHULD , FDPH to know him well, from my interactions with him at meetings and other ceremonies of the Body of Benchers. Even though he was of very serious disposition, he had an avuncular nature, and related very well with most of us who were his younger colleagues at the Bar. He was a good Bar man, and was a very active Member of the Nigeria Bar Association, Lagos Branch. He was always present at meetings, conferences and other activities of the Nigeria Bar Association.

Chief M. A. Ajomale served the Body of Benchers very well, and was at various times Chairman of the Finance Committee and the Screening Committee of the Body. He was also a Member of the Elders Committee of the Body of Benchers.

Chief M.A. Ajomale Chief M. A. Ajomale’s death come as a rude shock to me, as he had early in April 2020, sent to me his compromised his commitment to Jesus Christ as kind message of congratulations on my assumption of his Lord and Saviour. office as the Chairman of the Body of Benchers, and I do not know of any living legal practitioner in whereby he also assured me that he would give me Yoruba land, today, that can match his depth of every cooperation and support. He always appeared Wisdom of the Elders, mastery of Yoruba proverbs, sprightly in his gait, and seemed as fit as a fiddle, KLV ORYH DQG FRPPLWPHQW WR (JEH $PRÀQ ZKLFK which belied the fact that he was in his late 80’s. he kept close to his heart.

May I say that, we all on the Body of Benchers May his soul rest in perfect peace, and may his will miss the wise counsel of Chief M. A. Ajomale. legacy never perish.

He has gone the way of all who are mortal, and I Asiwaju Adegboyega Awomolo, SAN pray the Almighty and Eternal God to grant comfort and consolation to all the members of his bereaved family, and to all of us Members of the Honourable Body of Benchers. And I pray the same Almighty and Eternal God, to grant the departed soul of Chief M. A. Ajomale eternal rest in peace. AMEN! AND AMEN! O. C. J. Okocha, MFR, SAN It was on May 21st, 2020, that I received the sad O. C. J. Okocha, MFR, SAN, JP, Former news of the death of Chief M. A. Ajomale, Life President, NBA; Chairman, Body of Benchers Bencher and Past Chairman of the Honourable

Tribute to Chief M. A. Ajomale

“HE WAS A COMMITTED, COURAGEOUS BAR LEADER....A VERY ORGANISED PERSON, GREAT MOTIVATOR.....WE ALL ON THE BODY OF BENCHERS WILL MISS THE WISE COUNSEL OF CHIEF M. A. AJOMALE�

Ajomale, a Father worthy of Emulation Dr Babatunde Ajibade, SAN I have received the sad news of the death of the Patriarch of the Ajomale family, Chief M. A. Ajomale, a Life Bencher and a former Chairman of the Body of Benchers.

My relationship with late Chief Ajomale, was that of father and son. He was my father’s friend and contemporary, and it was during his tenure as the Head of Legal at Union Bank of Nigeria Plc, that the bank became one of our firm’s most valuable clients.

Chief Ajomale was an accomplished Lawyer, and an astute member of the Bar. He was committed to the advancement of the legal profession. He stood out as one of the foremost in-house counsel, who maintained an active and vigorous involvement in the affairs of the Nigerian Bar Association (NBA), something I would encourage more in-house counsel to emulate. His death, is surely a big loss to the NBA and the profession.

My condolence goes to his family, friends, members of the Body of Benchers and the Lagos Branch of the NBA. I pray that the good Lord will grant him peaceful repose, and give all his loved ones the fortitude to bear this huge loss.

Dr Babatunde Ajibade, SAN, FCIArb, Council Member of the International Bar Association

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Covid-19 Crisis: Averting the Looming Insolvencies in Nigeria’s Aviation Sector Dr Kubi UdoďŹ a

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Industry-speciďŹ c, Targeted and Controlled Financial Relief

Aviation Minister, Hadi Sirika

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“IT IS IMPERATIVE FOR THE FEDERAL GOVERNMENT TO EXTEND FINANCIAL SUPPORT TO AVIATION FIRMS,

BY WAY OF LOAN GUARANTEES AND LONG-TERM LOANS WITH SINGLE DIGIT INTEREST RATES AND REASONABLE MORATORIUM PERIOD�

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02.06.2020

NEWS/7

PALU Rises in Defence of AfDB President, Adesina Calls on the Board of African Development Bank to be Pan African and Defend their Due Process The Pan African Lawyers Union, (PALU) has called on the Board of the African Development Bank to demonstrate Pan Africanism, and defend their internal due process mechanisms for addressing whistle blower complaints.

The President of PALU, Chief Emeka Obegolu, made the call as he observed that the bank should not be distracted from their focal mission which is WR ÀJKW SRYHUW\ DQG LPSURYH living conditions on the continent, through promoting the investment of public and private capital in projects and programs that are likely to contribute to the economic and social development of the region.

He described as unfortunate and regrettable, the rejection by the United States of America of plans by the Afraican Development Bank's Board to end an investigation into its President, Akinwumi Adesina, and called for an independent probe into allegations against him.

PALU notes that the intervention by the US Treasury, the AfDB's biggest non-African shareholder, comes two weeks after the Ethics Committee of the Board of Directors had examined all the allegations of the whistleblower, and dismissed all as baseless and unsubstantiated.

He said: ‘PALU notes, with satisfaction that, in compliance with the internal procedure and rules and regulations of

President, African Development Bank, Dr. Akinwumi Adesina

the bank, the Board Chairman reviewed the Ethics Committee report, following which he concurred with the report and exonerated Dr. Adesina of all the allegations. ‘PALU calls on the Board of the Bank to reject the call for an ‘independent investigation’ of the President, as such is clearly outside the laid down rules, procedures and governing system of the bank and its articles, as it relates to the Code of Conduct on Ethics for the President. ‘PALU takes the view that, it is simple adherence to global

best practices in governance, to uphold the rule of law and respect the governance systems of the bank. Since those processes were duly followed, it is unheard of for the rules to be changed because someone does not like the outcome. ‘PALU calls on all National and Continental leaders in Africa to resist undue interference in the governance systems of the African Development Bank, as it is an ill wind that will blow no good, and is capable of derailing one of the best performing institutions on the continent.’

Nigerian Law School Loses Senior Lecturer Nigerian Law School last week announced the death of one of its Senior lecturers, Ibrahim M. Saad’deen, and in his honour, it suspended all academic activities for one week.

Mr. Ibrahim Mohammed Saad’deen (1973-2020) died on May 23, 2020, after a brief illness. Before his sudden death, he was a Senior Lecturer in the Corporate Law Practice Department of Nigerian Law School, Augustine Nnamani Campus, Enugu. $ VWDWHPHQW R΀FLDOO\ announcing his demise, and signed personally by the Director-General of the Nigerian Law School, Prof.

Isa Hayatu Chiroma, SAN reads, “With deep sense of loss but with total submission to the will of God, the Council of Legal Education, ManagePHQW 6WDÍż DQG 6WXGHQWV RI the Nigerian Law School announce the passing away RI RQH RI LWV WHDFKLQJ VWDÍż

Mr. Ibrahim Mohammed Saad’deen

Mr. Ibrahim Mohammed Saad’deen on May 23, 2020 at the age of 47. He has since been buried in accordance with Islamic funeral rites.

He is survived by a wife,

children, aged parents and other relations. May God grant eternal rest to his soul and fortitude to his family, friends and colleagues to bear the loss�.

Nigeria’s First Book on Data Protection Set for Presentation Lagos Lawyer and legal author, Olumide Babalola, has concluded plans to virtually present a publication titled “Casebook on Data Protection� on Thursday, June 4, 2020 via zoom video conferencing at 1pm (Nigerian time).

The book, reputed to be WKH FRXQWU\¡V ÀUVW RQ GDWD protection, is a collection of 159 decisions of the European Court of Human Rights (ECTHR) and Court of Justice of

the European Union (CJEU) on data protection.

The event will be moderated by a data protection academic, Dr. Adekemi Omotubora of the Faculty of Law, University of Lagos, while the Vice Chancellor of Lagos State University, Prof. Lanre Fagbohun, SAN and Dr. Bostjan Makarovic, UK-based Tech Lawyer/Privacy Practitioner will both review the book.

Prof. Nani Jansen Reventlow,

a Director, Digital Freedom Fund, will speak on “The Intersection of Digital Rights and Data Protection�, while Dr. Tobias Hollwarth, the Managing Director of International Network of Privacy Law Professionals, Austria, and Prof. Paolo Balboni (Professor of Privacy and Cybersecurity), will speak on “Cross-Border Practice Opportunities for Privacy/Data Protection Practitioners�.

‘EXECUTIVE ORDER NO. 10 IS A SUBVERSION OF THE NIGERIAN CONSTITUTION’ cont'd from page 2

in the Appropriation Law of any State. The President acted ultra vires his Constitutional powers when he made an order that : “allocation of appropriated funds to the State Legislature and State Judiciary in the State appropriation laws in the annual budget of the State, shall be a charge upon the Consolidated Revenue Fund of the State, as a First Line Charge�.

All the orders made by the President in relation to Determination of the Budget, Creation of State Judiciary Budget Committee, Budget Preparation, Templates and Modalities, Appropriation and Supplementary Appropriation Law and Special Allocation for the Judiciary DUH GHVWLWXWH RI DQ\ OHJDO H΀FDF\ DV WKH\ ZHUH PDGH E\ WKH 3UHVLGHQW LQ à DJUDQW YLRODWLRQ of the Constitution.

Resort to Extra-Judicial Mechanism The President has by the Executive Order authorised the Accountant-General of the Federation to deduct from source in the course of Federation Accounts Allocation, money allocated to any State of the Federation that fails to release allocation meant for the State Legislature and State Judiciary in line with the ÀQDQFLDO DXWRQRP\ JXDUDQWHHG E\ 6HFWLRQ

of the Constitution. Neither the President nor the Accountant-General of the Federation is authorised by the Constitution, to withhold or make any deduction from the funds due to any State Government from the money allocated to it from the Federation Account. The order made by the President is in contravention of Section 162(4) of the Constitution, which states that any amount standing to the credit of the States in the Federation Account shall be distributed among the States on such terms and in such manner as may be prescribed by the National Assembly. It is worrisome that the

Abubakar Malami , SAN

President could resort to an extra-judicial mechanism, to compel the States to obey his unconstitutional Executive Order.

In A-G LAGOS STATE v A-G FED (2004) 18 NWLR (PT 904) 1 TOBI JSC deprecated the resort to self-help by the Executive thus: “In a society where the rule of law prevails, self-help is not available to the Executive or any arm of government. In view of the fact that such a conduct could breed anarchy and totalitarianism, and since anarchy and totalitarianism are antitheses to democracy, courts operating the rule of law, the life-blood of democracy, are under

a duty to stand against such action......... In our democracy all the Governments of this country as well as organisations and Individuals, must kowtow to the due process of the law and this they can vindicate by resorting to the courts for redress in the event of any grievance’’.

The President cannot jettison the clear provisions of the Constitution which recognise the autonomy of the States, and arrogate to himself the power for the actualisation of the independence of the State Legislature and State Judiciary, by an unconstitutional executive order. The President ought to be guided by the admonition of UWAIFO JSC in A-G LAGOS v A-G FED (supra):

“I do not think it is appropriate to brand the Federal Government or Mr President, as a trustee in relation to the constitutional powers conferred on and exercisable by them...... The President exercises executive powers under the Constitution. They are, without dispute, awesome powers, but even so, they have known limits. The exercise of the powers is kept within bounds by the intervention of the rule of law’’.

In compliance with the provisions of the Constitution of the Federal Republic of Nigeria, the Legislature and Judiciary in each State of the Federation must be fully independent. The State Governors have no choice in the matter, more so when there is a subsisting judgement of court compelling them to do so. However, the President who was actuated by altruistic motives to solve an intractable problem, cannot adopt an unconstitutional method as a tool. In AMINU TANKO v THE STATE (2009) 4 NWLR (Pt. 1131) 430 ADEREMI JSC said: ‘It cannot be denied that the CONSTITUTION (the GRUNDNORM) of this country, indeed, the Constitution of any country is supreme. It is by it (the Constitution) that the validity of any laws, rules or enactment for the governance of any part of the country will always be tested. It follows therefore that, all powers; be they legislative, executive and judicial, must ultimately be traced or predicated on the Constitution for the determination of their validity. All these three powers that I have mentioned must, and indeed, cannot be exercised inconsistently with any provisions of the Constitution.

Where any of them is so exercised, it is invalid to the extent of such Inconsistency.’’ Executive Order No. 10 was made in subversion of the Nigerian Constitution, and the same should be revoked by the President.

8/

02.06.2020

Is President Buhari’s Executive Order 10 Constitutional?

Introduction

Section 121 (2) provides that such estimates “shall be included in a bill, to be known as Appropriation Bill, providing for the issue from the Consolidated Revenue Fund of the State of the sums necessary meet that expenditure and appropriation of those sums for the purposes specified therein”. The argument here is that, Executive Order 10 overrides the above Sections 121 (1) and (2) of the 1999 Constitution. To that extent, it is contended that, Executive Order 10 runs foul of those sections.

This is fallacious. By Section 162 (9), “any amount standing to the credit of the Judiciary in the Federation Account, shall be paid directly to the National Judicial Council for disbursement to the Heads of Courts established for the Federation and the States under Section 6 of this Constitution”.

By Section 121 (3), “any amount standing to the credit of the Judiciary in the Consolidation Revenue Fund of the State shall be paid directly to the Heads of the Courts concerned”.

Finally, Section 3 of the Fourth Alteration provides,“any amount standing to the credit of a (a) House of Assembly of the State; and (b) Judiciary in the Consolidated Revenue Fund of the State, shall be paid directly to the said bodies respectively; in the case of the Judiciary, such amount shall be paid directly to the Heads of the Courts”.

It is clear that, the recurring decimal in these provisions that are subsequent to Section 121 (1) and (2) are the words, “paid directly to the Heads” of State Judiciaries and Houses of Assembly; not to a State Governor.

A

Definition of “Executive Order” n “executive order” (Black’s Law Dictionary), is “an order issued by or on behalf of the President, intended to direct or instruct the actions of agencies or government officials, or to set policies for the executive branch to follow”.

Executive Order, is not a Law. It does not form part of the Constitution, nor claims parity with it. Nigeria practices Presidentialism, within a Federal arrangement. There is a clear bifurcation of powers between the Federal, State and LGAs on the one hand, and between the three arms of government (Legislature, Executive and Judiciary (Sections 4, 5, 6, 1999 Constitution).

History of Executive Orders The first known Executive Order was issued by American President George Washington on April 22, 1793. President Franklin D. Roosevelt issued the highest number of executive orders, amounting to 3,522. An executive order can be struck down, as in YOUNGSTOWN SHEET & TUBE CO. v SAWYER 343 U.S. 597 (1952). President Franklin D. Roosevelt, on 19th February, 1942, used an executive order to authorise the mass interment of Japanese-Americans during World War II. President Harry Truman in 1948, abolished racial segregation with an executive order. Earlier, President Ulysses Grant, had issued Executive Order 9, on February 17, 1873, to curb abuse of powers by individuals holding national, state and political offices.

Perhaps, the most famous executive order was the historic “Emancipation Proclamation” issued by President Abraham Lincoln on January 1, 1863, during a bloody civil war, declaring that “all persons held as slaves” within the rebellious States “are and henceforward shall be free”. Though this abolitionist order did not outrightly end slavery in America, it changed the imagination of millions of Americans about the evils of the over 500-year old anti-human practice. By April 15, 1865, (two years later), Lincoln was assassinated by Stage Actor, John Wikes, through a shot in the head at Ford’s theatre in Washington D.C. It is believed that Lincoln’s assassination towards the end of the Civil War, was part of a grand conspiracy by the Confederates unwilling to end slavery.

As far back as 2003, in A.G Abia State v A.G Federation (2003) 4 NWLR (Part 809) 124, 177, the Supreme Court upheld the validity of the Revenue Allocation (Federal Account, Etc.) (Modification) Order (Statutory Instrument No. 9 of 2002) and held that the President rightfully acted pursuant to the provisions of Section 315 of the 1999 Constitution, and the Order which came into effect retroactively, was thus, valid.

When Executive Orders become Lawful I am not a fan of executive orders. Many a time, they brazenly make incursions into sacred precincts of the Constitution, attempting to modify, abridge or even outrightly annul its sacrosanct provisions. This was why I vehemently kicked against President Muhammadu Buhari’s Executive Order No 6 of 5th July, 2018, which sought to curtail certain liberties and fundamental rights of Nigerians under the thin guise of fighting corruption, for being unconstitutional.

However, when an executive order merely reaffirms the provisions of the Constitution, which have been continuously breached by its operators who swore to defend them, I subscribe to such an order. For too long, some Governors, since 1999, defied the provisions of the Constitution regarding equitable sharing formula between the FGN, States, LGAs, Legislature and the Judiciary. They scornfully treat such provisions with supercilious disdain, by ambuscading at source, allocations meant for State Legislatures and Houses of Assembly.

Yet, the Constitution has deliberately separated a State House of Assembly headed by a Speaker, from a State Executive arm of Government headed by a Governor. See Sections 90, 92, 176 and 180 of the 1999 Constitution. Because the Judiciary is the weakest of the three arms of government, as “it has neither FORCE nor WILL, but merely judgement” [Alexander Hamilton, Federalist Paper No 78, May 28, 1788], it grovels at the imperious feet of State Governors. State Judiciaries cannot therefore, give judgements of significant jurisprudential import.

CJN Tanko Muhammad’s Words on Marble So bad is the situation that the CJN Tanko Muhammad, on September 23, 2019, during a special session to mark the commencement of the 2019/2020 Legal year and swearing-in of 38 newly conferred Senior Advocates of Nigeria, lamented the helplessness of the Judiciary regarding its much trumpeted independence. He said: “when we assess the Judiciary from the financial perspective, how free can we say we are?...If you say that I am independent, but in a way, whether I like it or not, I have to go cap-in-hand asking for funds to run my office, then I have completely lost my independence.

It is like saying a cow is free to graze about in meadow,

President Muhammadu Buhari

but at the same time, tying it firmly to a tree. Where is the freedom?...The Constitution provides for separation of powers, and independence of the three arms of government.

I am using this medium to appeal to governments at all levels, to free the Judiciary from the financial bondage it has been subjected to over the years. Let it not just be said, to be independent. There should not be any strings attached. We would not like to negotiate our financial independence, under any guise. Even as I speak now, some State Judiciaries are still having issues with their respective governments. A stitch in time, will certainly save nine. Let the Judiciary take its destiny in its hands”.

This blunt statement by the CJN, bemoaning the hapless fate of the Judiciary, says it all. The President has merely used Executive Order 10 (made pursuant to Section 5 (1) of the 1999 Constitution), to give respite to long suffering state Judiciaries and Legislatures, by making it mandatory that Heads of all of State legislatures and Judiciaries be paid directly on a first line charge. There is nothing wrong with this.

Arguments Against Executive Order No. 10 The argument that Executive Order 10 contravenes Section 121 (1) and (2) of the 1999 Constitution, is a non sequitur. Section 121 (1) enjoins a Governor to prepare and lay before the House of Assembly before commencement of each financial year, estimates of the revenues and expenditure for the following financial year.

“EXECUTIVE ORDER NO. 10 MERELY AFFIRMS THE FINANCIAL AUTONOMY ALREADY DONATED TO STATE LEGISLATURES AND JUDICIARIES, BY THE CONSTITUTION, STRENGTHENS THEM AS INSTITUTIONS, AND MAKES THEM TRULY INDEPENDENT FROM THE SUFFOCATING GRIP OF STATE GOVERNORS”

Intendment of Executive Order 10 Order 10 does not howsoever, interfere with the budget of States presented in the form of an “Appropriation Bill”. All it says is that, when State Houses of Assembly prepare budgets and same are signed into Law by State Governors, all amounts reflected in the said budgets as “standing to the credit” of the Judiciaries and Houses of Assembly are directly transferred to their Heads, by the Accountant-General of the Federation (AGF). They are not supposed to be routed again, on an Israelites journey, to the respective Governors who have already taken their own allocations under Sections 162 (4), (5), (6), (7) and (8) of the Constitution. This is the mischief that Order 10 seeks to cure, pursuant to Section 5 (1) and the above sections. See AG. ABIA STATE & ORS v AG. FEDERATION (2003) LPELR-610 (SC); AG. BENDEL STATE v AG. FEDERATION (1983) LPELR-3153 (SC), on revenue allocation. See also, on the mischief rule, HEYDON’S CASE (1584) 3 CO. R. 637. ABIOYE v YAKUBU (1991) 5 NWLR (Pt 190) 130; SEAFORD COURT ESTATE v ASHER (1949) 2 All ER 155.

Executive Order No. 10 merely affirms the financial autonomy already donated to State Legislatures and Judiciaries, by the Constitution, strengthens them as institutions, and makes them truly independent from the suffocating grip of State Governors.

This leads to transparency, accountability and responsibility in government; broadens and deepens the democratic space; and signposts the much desired restructuring and power devolution.

Article 6(1) of Executive Order 10 even helps State Judiciaries by providing for “special extraordinary capital development of State Judiciary complexes. It further makes it mandatory for the AGF to “deduct the amounts due to State Legislature and Judiciary from monthly allocations of States that refuse to implement the Order”. In so far as Article 6 merely warehouses amounts due to State Judiciaries and Legislatures already duly appropriated by States (but denied them by State Governors), it is not unconstitutional.

The President does not, and cannot decide the contents of these Appropriation Bills; State legislatures do.

The AGF’s involvement is a refreshing remedial penalty to State Governors, compelling them to obey Sections 121(3), 162(9) and Section 3 of the Fourth Alteration to the 1999 Constitution.

Such amounts, when deducted at source by unyielding State Governors, are now forthwith transferred directly by the AGF to Heads of Courts and Houses Assembly. What is wrong with this? Nothing.

The current revenue sharing formula (don’t forget, we only share; we never bake) in Nigeria is, Federal Government – 52.68%; States – 26.72%; LGAs – 20.60%. This is ludicrous and grossly lopsided in favour of a behemoth Federal Government, that lords it over subservient federating units. Yet, these near vassal States have themselves, imperiously turned into tin gods and rendered State Houses of Assembly and Judiciaries to paupers and lowly beggars. Executive Order 10, rather than seeking to assail the Constitution, as did Executive Order No. 6, merely strengthens it, and makes State Governors obey the Constitution.

THOUGHT FOR THE WEEK “Mastering others is strength. Mastering yourself is true power”

17

T H I S D AY ˞ Ͱ˜ 2020

BUSINESSWORLD

Group Business Editor Obinna Chima

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Quick Takes MainOne Partners W’Bank, Burkina Faso

SUPPORTING COVID-19 FIGHT

L-R: Deputy Provost, College of Medicine, University of Ibadan, Prof. Obafunke Denloye; Managing Director, Nigerian Breweries Plc, Jordi Borrut Bel; Provost, College of Medicine, University of Ibadan, Prof. Olubunmi Olopade-Olaopa; and Brewery Manager, Ibadan and Ijebu Ode, Nigerian Breweries, Tayo Ogundana, during the donation of Clinical Laboratory Simulators to the College of Medicine, University of Ibadan by Nigerian Breweries Plc held at Ibadan‌recently

EITI Counsels Nigeria, Others on Extractive Sector Revenue Chineme Okafor in Abuja The Extractive Industries Transparency Initiative (EITI) has offered countries such as Nigeria which are rich in mineral resources an advisory on how to protect their extractive sector revenue with the outbreak of the COVID-19.

Speaking in a Sussex Development Lecture he delivered, EITI’s Executive Director, Mark Robinson, stated that transparency in contracts, commodity trading and revenue allocations were key to safeguarding the extractive incomes of Nigeria and others.

Nigeria is a member country of the EITI and expresses its commitment to extractive sector transparency through the Nigeria Extractive Industries Transparency Initiative (NEITI) which undertakes and publishes audit reports of activities in the sectors amongst others.

Robinson, however, said for resource-rich countries, the COVID-19 pandemic posed a triple crisis of placing a huge strain on public health systems as countries struggle to cope with the virus, oil price crash which makes oil production significantly less profitable with massive fall in investment and exploration and the slowdown

INDUSTRY of the global economy which also affects demand for oil, gas and other minerals. “All these factors are having a major effect on public finance, with revenues declining rapidly while demands on public expenditure increase sharply,�

Robinson explained. “There are also fears of increased corruption risk, with the weakening of oversight institutions and prospect of shady deals. And there are fears about diminishing transparency, with the possibility of reduced commitment to openness and the publication of data as other priorities take precedence,� he added.

Robinson, reiterated that the EITI would continue to foster improved transparency in the oil, gas and mining sectors through improved reporting standards amongst its 53 member countries, but feared that gains recorded in this regards are potentially at risk as governments and companies get heavily pressured to recover investments rapidly in the face of economic downturns.

To forestall such potential decline in extractive sector’s revenue accountability, Robinson said that countries have to dedicate to reading between

the lines to ensure contract transparency. “Governments and companies who commit to publishing contracts in accordance with the EITI Standard offer stakeholders the information to understand and monitor compliance with the terms, obligations and payments arising from extractives projects in their countries. When contracts are disclosed, they can more easily be compared, scrutinised and enforced,� he stated.

According to him: “By committing to contract disclosure, for example through membership of the EITI’s Contract Transparency Network, governments can help protect the interests of citizens and create a level playing field for investment that will benefit resource-rich countries over the long term.�

He also noted that the current economic crisis, constraints on investment capital and the fear of budget shortfalls may lead governments to conclude extractives agreements with less favourable or inconsistent provisions. “A virtuous cycle – where contract disclosure fuels public scrutiny, promotes better oversight and strengthens enforcement – may be forfeited by weaker contract negotiations and tapering commitment to

contract disclosure. This could undermine the transformative potential of this new requirement and emerging good practice,� he added.

He further urged countries to ensure transparency in commodity trading, stating that over half of the $2.7 trillion revenues disclosed by EITI countries come from the sale of the state’s oil, gas or minerals to trading companies but with commodity prices under pressure, deals between traders and state-owned enterprises (SOEs) present a potential opportunity for corruption.

Commodity trading transparency, he explained, “is particularly relevant in the turbulent commodity markets that we have witnessed in recent months.� “The oil price shock and upsurge of storage costs may drive countries to enter into hasty short-term deals which could jeopardise long-term national interests. This risk is most evident with SOEs whose activities are not always open to public scrutiny and where politically exposed persons have an opportunity to make short-term gains to the detriment of public benefit,� Robinson pointed out.

Continued on page 18

Operator Seeks Support for Domestic Refining of Crude Oil Peter Uzoho The Chairman of OPAC Modular Refinery, Mr. Momoh Oyarekhua, has urged the federal government to encourage local refining of the crude oil to reduce the cost of importing refined products.

The 7,000 barrels per-streama-day capacity OPAC Refinery sited in Kwale, Delta State, currently under construction, is among the few modular refineries approved by President Muhammadu Buhari, as part of the government’s strategy to gradually end Nigeria’s de-

ENERGY pendence on foreign refiners for petroleum products especially petrol.

Oyarekhua, in a statement said by encouraging and increasing local refining, Nigeria would save itself the embarrassing situation of chasing crude oil buyers around the world; eliminate the importation of petrol and other refined products as well as cut foreign exchange exposure.

His intervention came on the heels of the economic crisis

thrown up by the ravaging COVID-19 pandemic and its attendant drop in crude oil prices, thereby putting Nigeria on a hot seat in search of solutions.

According to him, “We can save a lot of foreign exchange which will be utilised to fund other important sectors of the economy, which will mean that as a country, we will not be heavily exposed to the international crude oil or currency politics. “More investment is needed to increase our local refining capacity, and the government

should provide specific ‘Target Framework’ to further support and encourage local investors in this sector to ensure that we produce enough for our local consumption and export, as well as earn more foreign currencies while creating jobs too.�

He said increased support for local refineries by the government would further reduce the hardship faced by some of the players in the downstream sector of the country’s oil and gas industry.

While assuring that NiContinued on page 18

MainOne,WestAfrica’spremierconnectivityanddatacentersolution provider, has been entrusted by Burkina Faso, backed by the World Bank, to provide bulk connectivity services to a consortium of operators through the PAV-Burkina Cooperative, for the next three years.

Followinganinternationalbidtoselectapreferredoperator,MainOne was chosen by the Burkinabe Government (with ďŹ nancial backing from the World Bank) to provide PAV-Burkina with bulk capacity to nodes in Ouagadougou and Bobo Dioulasso.

Asalandlockedcountry,BurkinaFasohasfaceddiďŹƒcultiesinaccessing world-class connectivity and maintaining ubiquitous broadband internet access due to the lack of infrastructure and the reluctance of major operators to explore operational broadband service delivery models favorable for socio-economic development of the country.

To address this challenge, the PRICAO Initiative was created by the Burkina Faso Government, in collaboration with a consortium of Internet Service Providers and Mobile Operators. The purpose of the initiative is to facilitate the creation of virtual landing points as a platform for the extension of broadband network coverage in the country, with a view to improving the quality of connectivity in the region; increase Internet penetration and improve the performance of ICT services.

In order to set up an independent and competitive framework for connectivity services, the Ministry of Digital Economy and Postal Services (MDENP) with the support of the World Bank, created a Cooperative Consortium (SCOOP PAV-BURKINA).

Theconsortiumbringstogetherkeyelectronicservicestakeholders to deliver a turnkey project that will provide ďŹ ber optic transmission infrastructure between Ouagadougou and Dakola, to be delivered in two phases within a 3-year period.

DHL to Grow e-Commerce in Africa

DHL Express has announced its minority stake acquisition in Link Commerce, the UK-based e-commerce ďŹ rm that helped the logistics company develop its hugely successful DHL Africa eShop platform.

CEO of DHL Express sub-Saharan Africa, Hennie Heymans, said the acquisition demonstrates the company’s commitment to growing e-commerce on the continent. “Acquiring a stake in Link Commerce – the company behind the MallforAfrica.com platform – shows our tremendous support of e-commerce in Africa. “It also positions us to realise our ambitions of growing the eShop oering globally, and work on the scalability of the platform when the opportunity arises,â€? he added. “WiththeDHLinvestmentwearenowabletogrowfasterbyleveraging the amazing shipping network DHL has built globally. “This will help us expand our white-label turnkey B2B eCommerce platform and provide online shoppers with the ability to shop more and get more at great shipping rates fast,â€? said Chris Folayan Founder and CEO of Link Commerce and Mall for Africa.

Just over one year on from its initial launch, the DHL Africa eShop continues to see massive growth in sub-Saharan Africa. Heymans noted that the DHL Africa eShop has consistently outperformed expectations since its launch.

Ghana’s Gold Output Rises

Industrial gold output from Ghana, Africa’s top producer of the precious metal, increased six per cent in 2019 from the previous year, while small-scale gold production dropped 20 per cent, the Chamber of Mines said in its annual general meeting on Friday.

According to Reuters, industrial mines produced 2.989 million ounces of gold in 2019, up from 2.808 million ounces in 2018, according to the annual report of the Chamber, Ghana’s main mining industry association. The drop in production from the small-scale gold sector - to 1.588 million ounces from 1.984 million ounces in 2018 - could be partly attributable to a clampdown on illegal mining, Chamber of Mines President Eric Asubonteng told a virtual AGM. Informalgoldmining,whichGhanaianscall“galamsey�,iswidespread inthecountryand,likeelsewhereinAfrica,isassociatedwithsmuggling and mercury use.

“One way to save livelihood is that we must reopen the economy. We must get our farmers to get back to the farms�

CBN Governor,

Mr. Godwin EmeďŹ ele

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BUSINESSWORLD EITI COUNSELS NIGERIA, OTHERS ON EXTRACTIVE SECTOR REVENUE He stated that countries opening up their revenue allocations for public scrutiny was also necessary to ensure that significant transfers between national and subnational government entities follow the mandated processes by a national constitution or other revenue sharing mechanisms. “A reduction in resource revenues due to the triple crisis may have an adverse impact on subnational transfers, leaving communities more impoverished or vulnerable. “Subnational transfers could also be affected by the diversion of resources to meet urgent national priorities, such as the response to the health pandemic. “Local communities may suffer from reduced expenditures as a result. It is therefore imperative that this matter remains current and transparent, so as to record variations in transfers and keep the dialogue open with civil society and communities,�

Robinson stated.

OPERATOR SEEKS SUPPORT FOR DOMESTIC REFINING OF CRUDE OIL geria could achieve better consumer-friendly pricing for petrol and other petroleum products which could be produced locally, he added that “as a country, we must boost the capacity of our local refineries and scale up the modular refineries to meet the challenges of the future and to also sustain the gains we have made in the oil and gas industry.�

On the progress of work at the refinery, Oyarekhua said the facility had reached 98 per cent completion, explaining that the lockdown delayed the test round scheduled which would have been held in March.

He added: “We are waiting to see what measures the country is putting in place to ameliorate the current challenges and to see if those measures fit into our business model and allow us to schedule a new test round for the refinery.

NEWS

NNPC Records 74 Pipeline Breaches in Two Months Emmanuel Addeh in Abuja The Nigerian National Petroleum Corporation (NNPC) lost over N20 billion due to 74 pipelines breaches by suspected crude oil thieves in January and February this year, the national oil company has said.

Information obtained from the corporation also indicated that from the illegal activities of the vandals, loss of refined products, especially petrol, amounted to about 56 million litres from January to April 2020, from its system 2B alone.

However, it said that the corporation was working closely with the Nigerian Navy to address the situation, stressing that the loss of refined product for the four months was about N7 billion.

The corporation disclosed that it’s collaboration with the navy to continue the demolition of illegal structures used by oil thrives had started bearing fruits, with at least 203 already destroyed in the first four months of the year.

Due to the close working relationship with the Nigerian navy, the NNPC said average monthly losses due to petrol theft had reduced from 31 million litres to about 14 million litres.

Furthermore, the corporation noted that from January to December 2019, criminal gangs operating along system 2B axis stole about 291 million litres valued at about N38 billion.

The NNPC added that the financial loss was in addition to damage to its pipelines infra-

structure and the environment, due to crude oil spillages.

In the same vein, it noted that from January to September last year, about 11.5 million barrels worth $747.5 million, accounting for five per cent of Joint Venture (JV) production of crude oil, was lost due to the illegal activities of the oil thieves. “Systems 2B and 2E are critical to effective distribution of petroleum products to the South West, South East and other parts

of the country. “From January to December, criminal gangs operating along system 2B axis have stolen about 291.2 million litres of PMS valued at N38.18 billion in addition to economic scale damage to pipeline infrastructure and the environment� the corporation said.

It added, however, that: “NNPC has scaled up efforts to secure pipeline network against vandalism and theft. System 2B

and the destination depots in the South West distribution corridor are active. “Persistent vandalism and product theft has forced the shutdown of the Aba/Enugu segment of system 2E.�

The NNPC said that the Escravos-Lagos Pipeline System (ELPS) II and OB3 gas pipeline project were in top gear and nearing completion. “Pre-commissioning activities are currently ongoing on

Escravos-Lagos Pipeline System (ELPS) II , Lot “B� is currently at 96.03 per cent completion, Lot “A� is currently at 91.80 per cent completion. “Ongoing construction activities of a 130 km x 48� gas pipeline connecting natural gas from the East to the West: OB3 Gas Pipeline Project has progressed to over 90 per cent completion� the corporation disclosed.

Petroleum Ministry, DPR Differ on Nigeria’s Daily Fuel Consumption Emmanuel Addeh in Abuja The Ministry of Petroleum Resources, the and the Department of Petroleum Resources (DPR) have disagreed on how many litres of the products Nigerians utilise daily.

While the latest figures from the DPR yesterday indicated that the country consume 38.2 million litres daily, the Minister of State, Petroleum Resources, Mr Timipre Sylva, said in a chat a few days ago, that Nigeria’s daily consumption stood at 52 million, with a difference of 14.2 million litres.

Three months ago, the ministry launched the “Operation White�

project which it said was geared towards transparency and accountability of petroleum product supply and distribution in Nigeria. The initiative was expected to deepen the drive for transparency in the downstream operations.

But while Sylva announced that part of the achievement of the ministry in the last few months, was the reduction of consumption from a whopping 60 million to 52 million daily consumption, updated numbers from the DPR placed the number at 38.2 million.

Speaking on the matter, the minister ascribed the reduction in consumption to the project

launched by the ministry, explaining that the decrease was achieved within a short time.

Sylva said: “To curb crude oil theft and product smuggling across our border, a lot has been done. NNPC launched ‘project white’ which successfully, within a very short time, brought down our daily consumption numbers from 62 million or over 60 million to about 52 million per day, a very significant reduction indeed. “DPR also launched the crude oil lifting and tracking system (cot)which tracks all crude oil being exported from Nigeria,� he added However, the DPR led by Mr. Sarki Auwalu, said with

its own calculation, Nigeria’s estimated total consumption was 38.2 million, adding that the country currently has about one billion litres in stock to last about 29 days.

According to the updated figures obtained on Sunday: “As at 26th of May 2020, the cumulative depot stock of PMS (petrol), the depots was 1,096, 283, 694 litres (combined PMS stock owned by PPMC, Major and Independent Marketers). “This is vis-Ă -vis 1,092, 185,42 litres on 25th May 2020, indicating a decrease of depot PMS stock due to vessel discharges and truck out activities respectively at the depots.â€?

It added that: “Applying the estimated daily national demand of 38,200,000 (thirty-eight million two hundred thousand) litres, available depot of PMS stock of 1,001, 776,714 litres is sufficient for 29 days.�

Titled, “National Fuel Situation Report�, the DPR said that Lagos zone had the highest stock with 526,321,545 litres in 24 depots, while Warri zone followed with 217,285, 169 litres in 12 depots.

Calabar/Eket zone had a stock of 87,616,000 litres in five depots, Port Harcourt had 115,542,000 in all its seven depots while Owerri and Kaduna had 29,752,000 and 25,260,000 respectively, in their storage facilities.

Lawmaker Seeks Support for Host Communities Chineme Okafor in Abuja

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Most of the communities which host oil and gas facilities in the Niger Delta are locked out and distressed by the impact of the COVID-19, the legislator representing Southern Ijaw Federal Constituency of Bayelsa State at the House of Representatives, Preye Oseke has said.

Oseke, who is also the Deputy Chairman, House Committee on Petroleum Resources stated this in a letter he sent to 24 international oil companies (IOCs) operating in Nigeria, a copy of which was made available to THISDAY. He claimed that palliative measures so far implemented

across the country were yet to get to local host communities of oil production facilities.

According to him, most of the communities were facing existential challenges of food security and nutrition due to the lockdown on economic activities across board.

While recognising some of the comprehensive measures taken to ameliorate the impacts of COVID-19 in Nigeria, Oseke, however, inferred that IOCs such as Italy’s Eni and America’s ExxonMobil have directly participated in providing relief to communities and people in their home countries, and could extend such to their host communities in Nigeria. “The disease has taken its

toll on the socio-economic well-being of the people; especially as small and medium scale businesses have been negatively impacted. Indeed, the economic wellbeing of the people have further dwindled thus leaving a distortion in the fabric of these communities. “Of particular concern is the restriction of travels which has resultantly increased the cost of haulage of food items in the predominantly riverine region, thereby leading to further rise in the prices of goods and services. “It is worth highlighting that the challenges and dangers host communities are exposed to, presently and in the future, cannot be

exhaustively catalogued,�

Oseke said in the letter.

He explained that Bayelsa state recently witnessed the laying of foundation for a 200-bed hospital in response to COVID-19 amongst other measure but, “none of the foregoing efforts was directed specifically at host communities of oil and gas facilities.� “Understanding the enormity of the diverse issues thrown up by the pandemic even in developed societies, it was heart-warming to note complementary interventions by multinational corporations in their home states, regions and countries. “A case in point was Eni

Group’s support to everyone on the front line managing the COVID-19 public health emergency in Italy through a series of major initiatives using their wide-ranging experience gained from healthcare projects around the world. “In doing this, the group acquired and imported, through a special airlift from China, electro-medical equipment and personal protective equipment for healthcare staff across Italy, as well as sending huge quantities of critically needed surgical and advanced respirator masks to health facilities in Lombardy, Veneto, Emilia-Romagna, Le Marche, Basilicata, Puglia, Sicily and Sardinia.�

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BUSINESSWORLD

PERSPECTIVE

Remembering African Farmers Boosting Lagos Infrastructure Amid COVID-19 Challenges through PPP Alex Abutu

Tosin Adekunle

The outbreak of COVID-19 has brought untold suffering and challenges to citizens across the globe but those at the receiving end are vulnerable subsistence farmers in Africa whose survival and that of their dependents is strictly linked to their farming activities.

About 330 million people who are already facing food insecurity in Africa need to be cushioned against falling into chronic hunger in view of the Covid-19 pandemic.

Remedial measures need to focus on enhancing the capacity of farmers to access quality seeds, fertilizer and other critical inputs.

The challenge however is how farmers such as Mallam Isa Mohammed, who is a 64-year-old maize, beans and yam farmer with three wives and 19 children in Uke, Karu local government area of Nasarawa state, Nigeria, is supposed to cope with the looming COVID-19 pandemic.

Mohammed said the pandemic has racked his family. The Covid-19 pandemic has brought lamentations to this agile and notable multi-crop farmer.

Mohammed had a bumper harvest last farming season and had stocked his barns in preparation for the 2020 sales and planting season. He had already targeted April 2020 for sales of his saved harvest, but this is not to be following government declarations restricting movement of people within and between states. “Every year, I save my harvest and take to markets in Lagos and Kano where I make maximum gains, from which I pay my children’s school fees and buy other essentials for the household and also have enough money to hire labour that will help me work on my farm,� Mohammed said. ‘But this year, this is not to be as Coronavirus has forced us to stay at home maintaining social distances, we cannot travel to take the produce to any market beyond the ones in our area and there, our produce fetch less but we have no option but to sell�.

In a recent publication by AATF experts entitled COVID-19: How well is Africa prepared to conquer pandemics? Suggested series of actions including a well-coordinated plan of activities by African governments to protect the farmers from the pandemic. The publications states that measures undertaken by African governments during this Covid-19 pandemic should be marshalled in a coordinated policy response framework at national and international levels to minimize the disruptions of agricultural supply chains.

Like Mohammed, several other farmers are already counting their losses even though COVID-19 has not infected them and their families.

Yakubu Sani, an engineering graduate from the Bayero University, Kano who teamed up with five other graduates in 2019 to start a farming venture is now full of regrets. Sani and his friends were able to access a loan from one of the commercial banks in the country after negotiating and securing about 13 hectares of land where they planted maize and beans. “One of us is already sick because of what we are witnessing. We had envisaged a very huge profit margin following a bumper harvest, we have over 100 bags of maize and beans then Covid-19 came and we are stuck with our produce,� Sani said.

For Sani and most other farmers, the challenges COVID-19 poses come in different forms, but their major concern includes the inability to find markets for their produce as the restrictions imposed by governments hinder their movement.

Farming in Nigeria does not respect the law of social distancing as it is done in community fashion with many members of the community participating. “Farming here is done in a community manner meaning we have to invite our friends, families and well-wishers on a particular day to assist in plowing the ground and planting but now we cannot afford to risk our lives to undertake any community activities. There are policemen and local vigilante groups all over the place preventing us from carrying out our normal farming activities,� Sani added.

Arch. Kabiru Ibrahim, President, All Farmers

The economic growth of a nation does not happen in isolation but is dependent on various factors to act as catalysts to growth. One of those factors according to the Intelligenteconomist.com is said to be physical capital or infrastructure.

Physical capital such as roads, factories and machinery are key components of an economy and can boost the growth of the economy.

This is because an investment in these areas translates to a lower cost of economic activity which will then trickle down to a better life for the citizens.

The World Bank estimates that every one per cent of government funds spent on infrastructure leads to an equivalent one per cent increase in Gross Domestic Product (GDP), which invariably means that there is a correlation between any meaningful inputs in infrastructure development which reflects on economic growth indices, hence the value of infrastructure cannot be underplayed.

The Nigerian government in recognition of this, established the Infrastructure Concession Regulatory Commission (ICRC) under the Infrastructure Concession Regulatory Commission (establishment, etc) Act, 2005. The ICRC was established to regulate Public Private Partnership (PPP) endeavours of the Federal Government aimed at addressing Nigeria’s physical infrastructure deficit which hampers economic development.

Nanono Association of Nigeria (AFAN), said that farmers, like other Nigerians are feeling the pangs of the lockdown adding that access to farms was of great concern as inability to access farms will result in productivity decline that would jeopardize lives and livelihoods.

According to him, farmers need to easily access seeds, fertilizers and other input now that the 2020 farming season is around the corner. The vendors of these items are not able to move around and their shops are not open due to the lockdown and the fear of the coronavirus.

Extension officers also do not get around easily because of the fear of the virus too.

The President appealed to various authorities to support the acquisition of improved seeds, fertilizers both inorganic and organic, agrochemicals, and irrigation pumps to enable them to optimize their production capacity to meet the demands of the nearly 200 million mouths to feed in Nigeria. “We are fearful of what will happen if we do not upscale our production coming behind the UN prediction of famine in Nigeria,’ he said The United Nations backed World Food Program had predicted that Nigeria will be among the dozens of countries to be hit by famine in 2020.

Another prominent farmer, Chief Dan Okafor from Abuja noted that restrictions in their movement is one of the major problems especially in the big cities. “If farmers are not considered as essential workers it means we are getting it wrong. If farmers are not allowed to move freely, that will eventually affect productivity in this farming season which will in turn result to more people dying of hunger than the Covid-19 pandemic.

This lockdown, if continued in the onset of the raining season, will end up forcing some farmers to sell their reserved grains which they normally use as their planting material as the prices of everything has gone up.�

He suggested the provision of support to smallholder farmers to help them in hiring labour, purchasing seeds and other farming input.

The AATF publication states that it is critical for African countries to embrace a policy climate that targets more efficient logistical operations to facilitate seamless movement of inputs and food/medical supplies. “Experiences of past pandemics in Africa and recent lessons from China, the first country to be hit by COVID-19 strongly support the need for establishing “green corridors� for unimpeded flow of goods and services in a move that would lessen vulnerabilities of millions of people in countries affected by the pandemic,’ said the AATF experts led by Dr Emmanuel Okogbenin.

Since its establishment in 2003, AATF has been working with farmers and national scientists to support introduction and use of innovative agricultural technologies that would contribute to enhancing food production efforts amidst challenges such as pest infestations, drought and drudgery. t"CVUV JT B DPNNVOJDBUJPO PGmDFS XJUI UIF "GSJDBO "HSJDVMUVSBM 5FDIOPMPHZ 'PVOEBUJPO

PPP Operations in Lagos In Lagos State, the Public Private Partnership (PPP) legal framework was established in 2011 to boost investor-confidence in the availability, suitability, and security of the investment opportunities in Lagos.

The Office of Public-Private-Partnerships (OPPP) in Lagos has risen to this challenge and has tackled major infrastructural projects in the state. With the support of the Lagos State Government, led

by Babajide Sanwo-Olu, the PPP projects have touched on major developmental indices in the state.

Health: In recognition of the global challenges the world is currently facing in light of the Covid-19 pandemic, the Lagos State Government, through the PPP office has embarked on a collaborative initiative with relevant stakeholders and the Lagos State Ministry of Health to develop a sustainable Smart Health Information Platform (SHIP) to connect the entire health ecosystem in Lagos State.

This will enable connectivity and strengthening of the healthcare system and governance in the state to deliver better, faster, and smarter healthcare services. This project aims to enable a swift and efficient healthcare delivery system and ensure widespread access to healthcare, to measure and monitor all health cases in the State. The state is currently in the process of receiving responses from interested proponents.

The state also recently commissioned the Maternal and Child Centre in the Eti-Osa local government area as part of its efforts to ensure the provision of accessible, affordable, and quality healthcare to Lagosians. The 110-bed facility is fully equipped with X-ray machines, ultrasound machines, Laboratory, Radiology and Pharmaceutical Services through a PPP arrangement structured by the OPPP. It also has a neonatal unit for premature babies, labor ward with delivery rooms, emergency clinic, a theatre for Cesarean sections in complicated deliveries and much more.

The facility has received over 50,000 visitors since inception with more than 20,000 residents accessing its services. From 2008 till date, the State Government has built 8 Maternal Child Centres across the State in Isolo, Ikorodu, Ifako-Ijaye, Amuwo-Odofin, Gbaja (Surulere), Ajeromi and Alimosho. The Eti-Osa facility brings the number up to eight. With the approval of the state governor, the OPPP has also put out an Expression of Interest for the development of a medical park. This is the development of a state-of-the-art medical village staffed with respected professionals within the health-care industry that will have all medical facilities and infrastructure available within the same location and eliminate the need for movement from one location to another.

Infrastructure: The OPPP has also been involved with major infrastructural developments in Lagos like the Blue Line and the Red Line rail projects but the most ambitious project so far has been the 4th

Sanwo olu mainland bridge. The fourth mainland bridge is billed to be the longest bridge in West Africa when completed. It is a greenfield tolled road and a 38 km bridge which will extend from the Abraham Adesanya axis in Ajah to transverse the northeast towards the lagoon shoreline of Lagos-Ibadan express via Owutu/Isawo in Ikorodu. The aim of the bridge is to relieve the severe congestion often experienced on the 3rd mainland bridge while at the same time, opening new areas of development.

The project includes the development of adjacent real estates within the proposed routes of the bridge. This is a project that seemed to have defied previous administrations but now, with the leadership of the Director-General of the Lagos PPP office, Mr. Ope George, there has been tangible movement on the project. Potential proponents to carry out the project have been shortlisted and the State is currently evaluating each proponent for eligibility for the next stage which is the selection/bidding process.

Connectivity: The Lagos State House of Assembly recently approved Governor Babajide Sanwo-Olu’s request for a Unified Fibre Infrastructure and Connectivity Project under the state’s Public Private Partnerships Law. This may not have been unconnected to the fact that the Coronavirus demonstrated that Nigeria was yet to fully embrace the use of the internet and remote working and this was due in part to lack of infrastructure.

The project, according to the Chairman of the House Committee on Public Private Partnership (PPP), Hon. Lukmon Olumoh (Ajeromi/Ifelodun 1) would involve the deployment of unified fibre duct infrastructure for carrying telecommunications cables and other wired infrastructure to support operators of telecommunications and other relevant utilities, as well as provide infra and connectivity requirements for Lagos State.

Education: The Lagos State University was established in 1983 as a multi-campus institution but for 36 years, the school had functioned without residential hostels. All that changed last year when the Lagos state government under the state Public Private Partnership (PPP) policy signed a Build, Operate and Transfer (BOT) deal with six private property developers to develop a 6,016 bed ultra-modern hostel on the LASU, Ojo campus. The hostel will consist of 16 blocks with 94 rooms per block and ground-breaking for construction commencement is scheduled for next month. Housing: The Office of Public-PrivatePartnerships (OPPP) Lagos is also participating in the housing sector with projects like the Ilubirin Foreshore Estate Projects to ease the challenges of accommodation faced by Lagosians. The Ilubirin Estate Project is a development of residential and mixed-use real estate on approximately 28.6 hectares of land at the Ilubirin Foreshore Area of Ikoyi. This public housing, commercial and leisure project sitting on reclaimed land on the bank of the 3rd mainland bridge was visualized to address the housing deficit in Lagos and ensure that more Lagos residents become homeowners of houses built to global and international standards.

NOTE: Interested readers should continue in the online edition on www.thisdaylive.com

20

T H I S D AY ˞ Ͱ˜ 2020

BUSINESS/MONEYGUIDE

Nigeria Remains Attractive to Investment, Says Coronation Merchant Bank Obinna Chima Despite the uncertainties in economy due to the impact of the COVID-19, Coronation Merchant Bank Limited remains optimistic about investment opportunities in the country.

This was disclosed by a team of analysts at a breakfast session tagged: “Discovering the New Normal: Impact of COVID-19 and Collapse of Oil Prices,� that was organised by the bank recently in Lagos.

The forum which held online, had in attendance business executives from various sectors of the economy. In his opening remarks, the Managing Director of the bank, Banjo Adegbohungbe stated that: “There is a new reality that has enveloped the whole world and Nigeria is not immune to these changes. “These are very uncertain times and our intention is to provide clarity. We believe this is the most critical thing organisations need to navigate their path forward in this unchartered terrain.�

Also, the Head, Research, Coronation Asset Management, Guy Czartoryski, analysed the shifts in economic power that the COVID-19 pandemic and the fall in oil prices have brought to the world and outlined what

Nigerian companies needed to do about them. Commenting on the impact of the twin crises of COVID-19 and low oil prices on the Nigerian economy, he said: “Although there are many uncertainties around the spread of the disease, one asset Nigeria has is its youth, with 93 per cent of its population under the age of 55 and 62 per cent under 25. “It appears that the disease strikes hardest those who are elderly and with pre-existing medical conditions. “Oil prices are rallying at the moment, with Brent crude up to $35.0/bbl from its lows of under $20.0/bbl in early April.

However, there is no certainty about oil prices later this year, and we know that the nation’s finances work best when Brent crude is trading over $50.0/bbl. “So, it is prudent to think about how to conduct business during a period of prolonged low oil prices, just in case oil prices do not reach $50.0/bbl soon.�

Also speaking about how businesses could hedge exchange risk in the current business environment, the treasurer of the bank, Iyobosa Sorae, said: “Businesses can go into a bi-lateral forward agreement with either a bank or an exporter to close forward transaction. “This way, they can

mitigate their exchange rate risk by agreeing on a forward rate and settling against that rate on a pre-determined date. “In addition to this, the Central Bank of Nigeria has worked so hard, especially when you consider the NDF platform that has been put in place for the market. “All of this was to take into consideration, ways by which we can mitigate exchange rate risk when FDIs and corporates inflow their funds into the country. “So, what we have seen is that the window – in terms of the maturity bucket – for the NDF transactions has been extended further to about five years for loans and FDIs while import related transactions have been extended to about thirteen months.�

The Chief Risk Officer of the bank, Magnus Nnoka, explained that, “Historically, there has always been a new normal after every pandemic. To make it to this new normal, institutions will have to pass through two phases. “First is the immediate phase – which is what most businesses have gone through – which speaks to the risk managers attitude and the actions they have put in place to cope with the pandemic thus far.

Ahmad Replaces Dozie as SCGN’s President, Board Chairman Following the retirement of Mr. Pascal Dozie, the Society for Corporate Governance Nigeria (SCGN) has appointed Mr. Muhammad Ahmad, as its President and Chairman of Board.

Ahmad has over 35 years of distinguished experience leading and working in various public sector organisations and financial services institutions in Nigeria.

As the pioneer Director General and Chief Executive Officer of the National Pension Commission, Ahmad oversaw the establishment and growth of the Pension industry in Nigeria.

Prior to that, he had worked as a bank supervisor at the Nigeria Deposit Insurance Corporation (NDIC) where he rose to become a Director and member of the

Interim Management Board, and at the Central Bank of Liberia.

Ahmad is a member of the Board of Directors of MTN Nigeria Communications PLC, and Chairman of the Interim Management Board of International Energy Insurance Plc. He is the founder of Jewel Development Foundation, a graduate assistant platform, and Certium Consulting, a strategy advisory and business applications company. He has also been a member of the Boards of Directors of FBN Holdings Plc, and FATE Foundation, a non-profit private sector-led organisation whose mission is to foster wealth creation by enabling aspiring and emerging Nigerian entrepreneurs.

Ahmad also chairs the Technical Committee of the National Council on Privatisation (NCP) of which the Vice President of Nigeria is the chairman. He chaired the Technical Committee of the Financial Reporting Council of Nigeria, which produced the Nigerian Code of Corporate Governance 2018.

He is a member of the Presidential Committee for the North East Initiative (PCNI), and was chair of the Technical Committee that produced the North East Transformation Strategy (NESTS), a medium-term regional development strategy promoted by the governors of the six constituent states of the region, for its socio-economic transformation and reconstruction.

Adegbohungbe

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

SEPTEMBER 2019 Money Supply (M3)

35,029,779.72

-- CBN Bills Held by Money Holding Sectors

7,374,356.91

Money Supply (M2)

27,655,422.82

-- Quasi Money

116,533,891.21

-- Narrow Money (M1)

11,121,531.60

---- Currency Outside Banks

1,625,047.69

---- Demand Deposits

9,496,483.91

Net Foreign Assets (NFA)

13,911,335.83

Net Domestic Assets(NDA)

21,118,443.89

-- Net Domestic Credit (NDC)

35,918,179.45

---- Credit to Government (Net)

10,452,199.38

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

11,007,422.79

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

25,465,980.07

---- Credit to Private Sector (CPS)

-14,799,735.56

--Other Assets Net

7,000,253.07

Reserve Money (Base Money

2,005,600.83

--Currency in Circulation

4,677,530.81

--Banks Reserves

317,121.43

Ëž Ă™Ă&#x;ĂœĂ?Ă? Ě‹

Money Market Indicators (in Percentage) Month

March 2018

Inter-Bank Call Rate

15.16

Minimum Rediscount Rate (MRR)

FrieslandCampina WAMCO Celebrates World Milk Day FrieslandCampina WAMCO has announced an all-time high record of 40 tons (40,000 litres) daily fresh milk collection in the country through its Dairy Development Programme (DDP).

A statement yesterday, quoted the Managing Director, FrieslandCampina WAMCO Nigeria, Ben Langat, to have made the announcement as part of the company’s celebration of the World Milk Day 2020 in line with its grass to glass philosophy.

He said, “We have been making steady progress in our commitment to the development of Nigeria’s dairy sector through our Dairy Development Programme (DDP) and our efforts are yielding good results as we continue to keep our promise of providing nourishing dairy nutrition to millions of Nigerians.�

He stated that as the first dairy company to collect over 40,000 litres of fresh milk per day from

local farmers, FrieslandCampina WAMCO has taken its DDP, which it started with pastoralists in local communities in Oyo State, and replicated it across other states, according to Ore Famurewa, the Executive Director, Corporate Affairs, FrieslandCampina WAMCO. She said, “In addition to Oyo State where we started the Dairy Development Programme 10 years ago, we have expanded our investments and operations to Ogun, Osun, Kwara and Niger states, especially in the last three years and have networked over 7000 dairy farmers.� “We remain committed to the goals of sustainable development, including poverty reduction, women empowerment, in the dairy sector and beyond as envisioned by the Federal Government.� “Our crossbreeding programme is yielding good

results with over 400 F1 cows born to farms of local dairy farmers. We have developed dairy farms feeds to ensure all year round pasture for the cows and continued with our biannual Farmer2Farmer programme, facilitated by Dutch dairy experts,� Famurewa said.

In its response to the scourge of the COVID-19 global pandemic, especially among its DDP volunteers and extension workers, FrieslandCampina WAMCO said it has consistently been creating awareness about the pandemic and what to do. “We have sensitised our farmers on the hazards and symptoms of the coronavirus disease, what to do to keep safe and healthy, and the fact that it is a personal responsibility to protect themselves and family against the virus,� DDP Manager, FrieslandCampina WAMCO, John Adekunle explained.

Monetary Policy Rate (MPR)

14.00

Treasury Bill Rate

11.84

Savings Deposit Rate

4.07

1 Month Deposit Rate

8.82

3 Months Deposit Rate

9.72

6 Months Deposit Rate

10.93

12 Months Deposit Rate

10.21

Prime Lending rate

17.35

Maximum Lending Rate

31.55

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OPEC DAILY BASKET PRICE Ëœ Í°Íś Í°ÍŽÍ°ÍŽ

The price of OPEC basket of thirteen crudes stood at $28.45 a barrel on Thursday, compared with $29.03 the previous day, according to OPEC Secretariat calculations.

(View Archives).

The OPEC Reference Basket of Crudes (ORB) is made up of the following: Saharan Blend (Algeria), Girassol (Angola), Djeno (Congo), ZaďŹ ro (Equatorial Guinea), Rabi Light (Gabon), Iran Heavy (Islamic Republic of Iran), Basra Light (Iraq), Kuwait Export (Kuwait), Es Sider (Libya), Bonny Light (Nigeria), Arab Light (Saudi Arabia), Murban (UAE) and Merey (Venezuela).

SOURCE: OPEC headquarters, Vienna

21

T H I S D AY ˞ Ͱ˜ Ͱ͎Ͱ͎

MARKET NEWS

Stock Market Opens on Positive Note on Continuing Bullish Trend Goddy Egene The stock market opened the new month on positive note, maintaining the bullish trend from the previous month. The Nigerian Stock Exchange (NSE) All-Share Index rose by 0.21 per cent to close at 25,316.15, while market capitalisation added N25.2 billion to close at N13.2 trillion. A total of 28 stocks appreciated compared with 10 that depreciated.

However, activity level weak-

ened as volume and value traded declined 22.2 per cent and 40.9 per cent to 253.3 million shares and N2.6 billion respectively. The most active stocks by volume were FBN Holdings Plc (41.0 million shares) GTBank Plc (36.2 million shares), and Japaul Oil (25.4 million shares) while GTBank (N887.5 million), Zenith Bank Plc (N369.9 million) and MTN Nigeria ( N278.3 million) led by value. The market recorded a significant growth in May despite the COVID -19

P R I C E S MAIN BOARD

F O R DEALS

pandemic. Specifically, market gained N1.171 trillion, indicating a growth of 93 per cent per cent compared with N604 billion gain recorded in April.

Stock market operators and analysts said while there has been uncertainties brought by the COVID-19, the stock market has shown resilience as some investors reacted to some positive developments in the capital market community.

For instance, the Chairman, Association of Securities Dealing

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

QUANTITY TRADED

VALUE TRADED ( N )

Houses of Nigeria (ASHON), Chief Onyenwechukwu Ezeagu, said the pandemic has not taken away the level the market has attained in terms of technology and ability to reach out to customers. “The operators have been prepared for a situation where customers are connected online real time and we have been engaging in virtual trading.

Remember that in some years past we were all subjected to a rigorous set of minimum operating standards, so this

T R A D E D MAIN BOARD

A S

period only served to put our potentials into real test and our members were equal to the task which is evident in the fact that trading was never disrupted by the lockdown,� Ezeagu said.

A stockbroker and Managing Director of Network Capital Limited, Mr. Oluropo Dada, said the business continuation framework activated by the NSE by deploying digital channels to support remote trading was overwhelmingly embraced by the traders. Dada said: “Every-

O F

thing worked seamlessly to the advantage of the market. The Q1 results of those big banks that provides over 65 per cent of the trading activities in the sector were released to the market and those results compared favourably with the historical records, meaning that those banks are still creating values. Also, dividend declared for 2019 financial years were paid by major banks during the month, thereby providing liquidity to the shareholders and by extension to the market.�

2 8 / 0 5 / 2 0 2 0 DEALS

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N)

22

TUESDAY JUNE 2, 2020 •T H I S D AY

TUESDAY JUNE 2, 2020 • T H I S D AY

23

24

TUESDAY JUNE 2, 2020 •T H I S D AY

25

TUESDAY, ÍşËœ ͺ͸ͺ͸ Ëž T H I S D AY

NEWS

Report Recommends Smart Approaches to Reopen Economies Obinna Chima McKinsey & Company, a global management consultancy services company, has advised Nigeria and other African countries to find "smart approaches to reopen economies in a calibrated way that brings key industries back into operation, while ensuring safe ways of working."

The firm stressed that the COVID-19 crisis would likely persist for some time.

Therefore, it advised that policy makers in Nigeria and other countries in the region must adopt measures to reopen their economies in order to save livelihoods while saving lives.

McKinsey & Company stated this in a 27-page report titled: "Reopening and reimagining Africa: How the COVID-19 crisis can catalyse change," obtained

by THISDAY yesterday.

The report stated: "The economic outlook is also bleak. Globally, while some countries are past their peak rate of infections, concerns

about virus resurgence continue to raise uncertainty.

In a recent McKinsey survey of global executives, 40 per cent anticipated a muted economic recovery.

"A prolonged global slowdown, combined with continued lockdowns in Africa could plunge the continent into its first economic recession in 25 years while threatening the jobs or incomes of 150 million Africans, one-third of the entire workforce is at serious risk of resurgence in infections.

"Accordingly, governments will need to build the capacity to alternate between reopening and restricting economies on a granular, local level— akin to developing and flexing a muscle."

It said COVID-19 threatened lives across Africa, with the World Health Organisation (WHO) estimating that the continent could see up to 190,000 deaths over the next year should the pandemic persist.

It, however, noted that in

the face of this challenge, governments in the region have acted fast, both to strengthen the capacity of health systems and to contain the spread of the virus.

McKinsey presented nine big ideas to reimaging African society, business and government. It listed the suggestions to include the acceleration of Africa’s digital transformation, placing a renewed focus on serving the needs of vulnerable urban populations, and transforming African healthcare systems with a focus on resilience and equity.

"African business can be reimagined by driving sector competitiveness through innovation and consolidation, reshaping Africa’s manufacturing sector with a bold focus on supply chain self-reliance and catalysing the formalisation of African economies.

"For governments, the opportunities lie in planning for a more active role in the economy, forging a stronger

social contract between government and its citizens, and accelerating momentum in regional and pan-African cooperation," it added.

The report also laid out a three-step plan for the safe reopening of economies, based on an analysis of reopening strategies globally and in Africa, starting with defining a tiered set of local response measures, followed by steps to triage certain regions or sub-regions and then to continuously monitor progress.

"The first step should be to define a tiered set of local response measures, from the least restrictive to the most restrictive, to be applied to regions across the country.

"Each tier would include measures to protect both the general population and high-risk populations (the elderly and people who are immunocompromised) and would also specify which sectors can open and operate. Depending on a country’s geographic diversity, a number of tiers

can be established.

"The second step is to “triage� regions or sub-regions across the country to determine which tier each of these geographic areas would fall into. The triage process would be dynamic and would incorporate new data as they emerge.

"The third and ongoing step is to monitor progress continuously. Once regions are triaged and measures are implemented, continuous assessments will be required to ensure that these measures are being adhered to.

"Governments would need to identify the triggers or thresholds for moving a region into a less restrictive tier— or a more restrictive one. In this regard, it is critical that decision making is fact-based and datadriven, with a constant focus on safeguarding both lives and livelihoods," it said.

According to Mckinsey, even as governments and businesses respond to the immediate crisis and execute reopening strategies, leadership

and foresight would also be required to shape the path to the 'next normal,' adding that the COVID-19 crisis provides impetus to reimagine fundamental aspects of African societies, businesses, and government.

"The crisis is accelerating trends such as digitisation, market consolidation, and regional cooperation and it is creating important new opportunities— for example, to boost local manufacturing, formalise small businesses, and upgrade urban infrastructure.

A powerful and collaborative effort will be required to ensure that Africa’s “next normal� is characterised by inclusive development, effective delivery, and innovative approaches to solve the continent’s greatest challenges.

"Just as businesses and governments take immediate steps to strengthen health systems and restart economies, they also need to think ahead and plan for the continent’s “next normal,� the report added.

WHO to Decide on its Hydroxychloroquine Trial Suspension in 24 Hours Meanwhile, the World Health Organisation (WHO) should have enough information in 24 hours to decide whether to continue suspending its trial of hydroxychloroquine for use against coronavirus, its chief scientist, Ms. Soumya

Swaminathan said yesterday.

The UN body paused its large study of the anti-malarial drug to treat COVID-19 due to concerns it increased death rates and irregular heartbeats in patients.

The move prompted several European governments to ban the use of the drug, also used to treat rheumatoid arthritis and lupus and promoted by US President Donald Trump to help combat the disease.

State House, Abuja, to secure his blessing for his re-election, added that whatever could guarantee peace in Edo State, he was committed to it.

According to him, "It is unfortunate, the position he (Adams Oshiomhole) has taken.

I believe that he was misguided, well not properly guided and as governor and his governor, it is my responsibility to seek peace for my state and with all my citizens.

"I will continue to strive for peace, I’ll continue to pursue peace, seek the interest of our people. I'm open; I will always call to say we should talk about how to move things forward.

We cannot turn back the hands of the clock. So, there are certain things we just must accept and see how we can move forward and build on where we are.

"So, the relationship is still frosty. I'm doing all I can, doing my best to try and make it warm, try and meet just for the sake of Edo people. Whatever it will take to have peace, you know; whatever it will take not to lose lives in Edo, I am committed to it. “Whatever I can do that is within the law; whatever I can do that is constitutional I will do."

On why he chose to visit the president, Obaseki said he was in the State House to formally inform the president about his re-election bid.

The governor, who presented his re-election form to the president for his blessing, described Buhari as the father of the nation, and hence, would be wrong of him to take things for granted by assuming that it was unnecessary to inform him (Buhari) and ask for his blessing.

"Well, I came to see Mr. President to formally inform him of my desire and intention to seek re-election as governor of Edo State on the platform of APC in the forthcoming gubernatorial election. As the father of our country, as a president, you don't assume or take things for granted. I just had to formally come to inform him and solicit his support in my gubernatorial bid," he said.

Asked about the president's reaction to his visit, he said Buhari warmly received him, looked through the form and assured him of his support.

"The president was quite warm. He was quite welcoming, when I showed him my special interest forms. He looked through it and attest to me that he would not have to go through this again and wished me good luck and assured me of his support," he said.

He also said the support for his re-election from his colleagues was unanimous, saying it had been the collective resolve of APC governors that they would support any of their colleagues that is doing well, describing a situation where another aspirant is contesting against the incumbent as a disadvantage and a mark of disharmony within the party.

He was swift to add, however, that his remark did not mean that he was opposed to the conduct of governorship primaries in Edo State, noting that in a democracy, providing the platform for contests could not be undermined.

He also spoke on COVID-19 situation in Edo State, saying over 300,000 Edo indigenes had been screened on the disease, out of the 500,000 initial targets set by the government.

BUHARI RELAXES RESTRICTIONS ON CHURCHES, MOSQUES, BANKS, HOTELS Okezie Ikpeazu has gone into self-isolation and directed his deputy and members of the state executive council to follow suit following the death of the Commissioner for Environment, Dr. Solomon Ogunji.

In addition, Ikpeazu and his commissioners would be tested for COVID-19 infection.

This new development has generated panic across the state as government officials and people who might have

directly or indirectly come in contact with Ogunji before his death are now uncertain of their status.

The state government had earlier stated that Ogunji's death, which occurred on May 23, 2020 at the Abia State University Teaching Hospital(ABSUTH), Aba was caused by high blood pressure.

In a press release issued late Sunday by the state Commissioner for Information,

Chief John Okiyi Kalu, the state government did not disclose the reason for the self-isolation of the governor, his deputy, and cabinet members.

"Following the outcome of tests conducted on close family members of the late member of the state executive council (Exco) and member of the Interministerial committee on COVID-19, Abia State Governor, Dr. Okezie Ikpeazu, has directed all members of the committee

and those of the Exco who might have recently come in contact with the late commissioner to immediately undergo COVID-19 tests and isolate themselves thereafter pending the outcome of the tests.

"Governor Ikpeazu who is still in mourning will also subject himself to all other necessary protocols as he has directed his Exco members including the Deputy Governor to do,� the statement explained.

EDO APC CRISIS PERSISTS AS OSHIOMHOLE INSISTS ON DIRECT PRIMARY The NWC had adopted direct mode of primary for the June 22 gubernatorial primary in Edo State, which has been firmly opposed by the faction of the State Working Committee (SWC) of the party loyal to Obaseki.

The governors that held meeting with Tinubu included Chairman of Progressives Governors Forum (PGF) and the Governor of Kebbi State, Atiku Bagudu, Governors Rotimi Akeredolu (Ondo), Babajide Sanwo-Olu (Lagos), Abdullahi Ganduje (Kano), Sani Bello (Niger), Muhammadu Abubakar (Jigawa), Adegboyega Oyetola (Osun), Simon Lalong (Plateau) and Obaseki.

However, the governors at the meeting yesterday are: Bagudu, Sanwo-Olu, Lalong, Akeredolu, Muhammad lnuwa (Gombe), AbdulRahman AbdulRazaq (Kwara), and Abubakar.

Bagudu told journalists yesterday that the meeting between the governors and the national leadership of the party was to discuss issues that have piled up especially since March 14 when the forum last met.

He confirmed that a delegation of the governors met with Tinubu to discuss the development in the polity particularly as it affects the party, but added that yesterday's meeting with the NWC was not a continuation of the weekend meeting held in Lagos. “This is a meeting with the national leadership of our party to discuss issues between the Governor's Forum and party leadership that will lead to the progress of our party,� he said.

But indications that the governors have not resolved the issue of the mode of primary emerged when Oshiomhole said

he had not received any formal letter from Obaseki, over his disagreement on the mode of primary adopted by the NWC of the party.

Briefing journalists alongside with the Bagudu at the party national Secretariat, Oshiomhole insisted that the reported disagreement with the governor over the mode of primary remained in the realm of speculation, adding that he had not received any formal letter from the governor opposing the method of primary approved by the party.

Oshiomhole stated: "We have since published our time table because, under the law, we are required to give INEC at least 21 days’ notice to monitor our primaries and to state the mode of our primaries and of course NEC has approved direct primaries for Edo. That of Ondo has not been discussed because that will come much later, because Edo will come about three weeks before Ondo."

The national chairman stressed that the ruling party had commenced the sales of forms, stressing that as at last Friday, three people had picked the forms, while noting that the party is still selling forms to all those who wish to buy based on the guidelines of the party.

He said: "Even this morning we had a virtual meeting with INEC leadership, we will conduct primaries taking into account the protocols on COVID-19 by the PTF and NCDC. I think everything has been going fine."

Oshiomhole said that the leadership of the party was honoured to host APC governors to discuss internal issues of the party, which he noted are basically to

exploit ways and means of strengthening the party and ensuring that it continued to remain the most favoured party in Nigeria.

Oshiomhole added: "Obaseki is not here but issues of primaries are well spelt out in our constitution and we are following it as strictly as possible. So, there is nothing to worry about at all."

Asked if the decision of Obaseki to kick against direct primary will not cause ripples in the party, Oshiomhole said: "You are speculating; I don't have any letter or document to that effect. These are very formal matters. So, stop spreading rumours.�

However, an insider who attended the meeting told THISDAY last night that Oshiomhole told the governors that it was too late in the day to rally party’s leaders in Edo State to support Obaseki for a second term.

A visibly angry Oshiomhole also reportedly wondered why the governors could not persuade Obaseki at a time he did everything to reconcile him with the aggrieved party’s members in the state through many reconciliation committees, including the one headed by Ganduje.

He warned the governors not to impose Obaseki on the party’s members in Edo State, reminding them of the party’s experiences in Bauchi and Adamawa states in the last general election. “Oshiomhole reminded the governors that in spite of resistance by APC leaders in Bauchi and Adamawa states, the party imposed candidates on party’s members in the last general election and

consequently lost the states to the opposition party. ‘’He also told the governors that at a time he wanted to reconcile Governor Obaseki with the aggrieved members of the party in Edo State, the governor refused bluntly and was rather plotting with some APC’s governors to remove him from office. ‘’Oshiomhole also told the governors that it was too late in the day to talk about an automatic ticket for Governor Godwin Obaseki,’’ the insider said.

The APC’s chieftain further told THISDAY that the burning issue of whether to use Direct or Indirect Primary for Edo State did not come at the meeting, insisting that the party stands by the resolution of NWC to use Direct Primary,� he said. ‘’At the end of the meeting, the governors saw our national chairman’s challenges, with some of them saying that Godwin Obaseki mismanaged his political disagreement with many party leaders in the state.

But Obaseki yesterday stated that Oshiomhole was misguided to have chosen to support another aspirant for the position of governor, describing the decision as unfortunate.

The governor, who said he was ready to make a truce with his predecessor for the sake of peace and in the interest of the people of Edo State, added that his relationship with Oshiomhole had remained frosty, adding that he would not mind reaching out to him for a truce.

Obaseki, who made these disclosures while briefing State House correspondents after a meeting with President Muhammadu Buhari in the

26

TUESDAY JUNE 2, 2020 ˾ T H I S D AY

NEWS

FG Launches Licensing Round for Marginal Oilfields Peter Uzoho The federal government has launched its first licensing round for marginal oilfields in nearly 20 years, the Department of Petroleum Resources (DPR) said.

Marginal fields are oil blocks that are typically developed by indigenous companies.

The new licensing round is the

first marginal field round since 2002/ 2003.

“A total of 57 fields located on land, swamp and shallow offshore terrains are on offer,” the DPR said in a statement posted on its Twitter feed.

The federal government revoked the existing licenses on the fields so that they could be put into the new licencing round.

Reuters reported that the licensing round was announced even though judges in Lagos State have blocked Nigeria’s efforts to revoke two existing oilfield licences.

The Ororo field, OML 95, and the Dawes Island Marginal Oil Field, formerly called OML 54, were among 11 licences revoked

by the Department of Petroleum Resources in April. All 11 were set to be included in the marginal field licensing round.

Two different judges in Lagos granted decisions on May 27 that halt the inclusion of the two fields in any licensing round, the court documents seen by Reuters showed.

The DPR said it could not comment on a matter that was ongoing before the court. The Ministry of Petroleum Resources did not immediately comment on the rulings.

Owena Oil and Gas Ltd, said in its lawsuit that the DPR revoked its OML 95 licence “without recourse to

the plaintiff,” court documents seen

by Reuters showed. Eurafric Energy Ltd. challenged the revocation of Dawes Island and said it had spent money developing the asset, the court documents showed.

Owena Oil and Eurafric Energy were not immediately reachable for comment.

Budget Deficit Rises to N4.5tn in Revised 2020 Appropriation Bill Deji Elumoye in Abuja The Debt Management Office (DMO) has put the revised 2020 budget deficit of the federal government at N4.5 trillion.

This is just as the Minister of Finance, Budget and National Planning, Zainab Ahmed, hinted of a looming recession in the country.

The Director-General of the Debt Management Office, Mrs. Patience Oniah, told the Senate Committee on Foreign and Local Debts that deficit financing of the revised N10 .509 trillion 2020 budget would rose from N2.18 trillion to N4.56trillion.

Onah saod the deficit would be financed through domestic borrowing of N2,188.880 trillion and external borrowing of N1.984.680 trillion, making a total of N4.173.560trillion.

Her words: “The revision

of the 2020 budget became necessary due to the effects of COVID-19 on Nigeria’s revenues and the need for new (previously unbudgeted) spending on health to meet the health challenges occasioned by COVID-19.

“The subsisting 2020 Appropriation Act had a total expenditure of N10.594 trillion and a Deficit of N2.175 trillion to be part financed through new domestic borrowing of N744.98 billion and new external borrowing of N850 billion.

“The N850 billion new external borrowing, which was to be raised through Eurobonds has been converted, with the approval of the National Assembly, to domestic borrowing due to lack of access to the International Capital Market at this time.

Thus, the total new borrowing, which is all domestic, is N1.594 trillion.

CAN Issues Security Advisory to Churches OnyebuchiEzigboinAbuja The Christian Association of Nigeria (CAN) has advised leaders and members of the various churches to secure themselves from attacks by criminals.

In a what seemed like a security advisory to Christians, CAN addressed a memo to bloc leaders, zonal chairman and state chairmen/ secretaries urging them to be more security conscious and to ensure adequate security of their leaders.

The Christian body expressed happiness at the release of Bishop Joseph Masin, who was kidnapped in his house on May 27, 2020.

In the memo signed by CAN General Secretary, Pastor J B

Daramola, the association urged the church leaders to take security caution in order to prevent a reoccurrence The CAN memo reads: “I write to congratulate all of us in thanksgiving to Almighty God on the release of one of us, Bishop Joseph Masin, who was kidnapped in his house on Wednesday night, May 27, 2020.

“I thank the family and Church members of Bishop Masin, for their faith in God. We thank and appreciate the federal government, the Nasarawa State Government, the Nigeria Police Force and the media for their efforts and concerns. Above all, I thank the CAN President, Rev. Samson ‘Supo Ayokunle for his unwavering role towards the prompt release.

Obiano Signs Anambra COVID-19 Bill David-Chyddy Eleke in Awka Anambra State Governor, Willie Obiano, has signed into law the state COVID-19 and other Dangerous Diseases Prevention and Eradication bill.

The bill, which was recently passed by the state House of Assembly, Obiano said, would became necessary in order to legitimise measures taken by the state government to combat the spread of the COVID-19 pandemic.

Accenting to the bill, Obiano emphasised the need for Anambra

people and everyone residing in the state to comply with the hygiene protocols established by relevant health organisations and the state government.

He said: “The protocols and other healthcare advisories are now backed by law and would attract penalties if contravened.”

Speaker of the state House of Assembly, Hon Uche Okafor, who was at the signing ceremony, affirmed that COVID-19 law was germane to the effectiveness of the battle against the contagion and other pandemics that might arise in the future.

SIXTY-FOUR HEARTY CHEERS TO NAVY...

L-R: Director of Information, Naval Headquarters, Commodore Suleiman Dahun; representative of the Chief of Naval Staff, Rear Admiral Jatau Luka; and District Head of Iddo community, Alhaji Mohammed Danladi, during the presentation of commemorative palliatives by Nigerian Navy to the community as part of the activities to mark its 64th anniversary in Abuja... yesterday ENOCK REUBEN

Senate Slams NNPC over High Cost of Crude Oil Production Deji Elumoye in Abuja The Senate yesterday descended heavily on the Nigerian National Petroleum Corporation (NNPC) over the astronomical cost of production of the country’s crude oil which peaked at $21.2 dollars per barrel.

It, therefore, kicked against the $3 marginal profit being made on a barrel by the corporation, calling on the federal government to get

the country’s economy diversified as quickly as possible.

Information on the high cost of oil production, which is $21.2 per barrel, almost equaling $25 per barrel oil price benchmark fixed for the N10.509 trillion 2020 revised budget, came to the fore when officials of the corporation appeared before the Senate Committee on Finance.

The production cost, according to the Senate Committee on

Finance, is far higher than between $4 and $10 cost of production in other oil-producing countries like Saudi Arabia and Russia.

The Senate Finance Committee at a meeting with the Minister of Finance and heads of revenue generating agencies over the revised 2020 budget in Senate committee room 204 lampooned the NNPC over the unimaginable high cost of production of Nigeria’s crude oil.

The NNPC was put on the spot as its Chief Operating Officer (Upstream), Yemi Adetunji, who stood in for the Group Managing Director of NNPC, Melee Kyari, was called upon by the Chairman of the Committee, Senator Olamilekan Adeola, to explain why cost of oil production in Nigeria is higher than those of other oil-producing countries in the world.

Police Commence Trial of Two Officers Accused of Extra-judicial Killing Chiemelie Ezeobi The Lagos State Police Command has commenced disciplinary procedures against two indicted officers, an assistant superintendent of police and an inspector, over the murder of 16-year-old Tina Ezekwe.

Ezekwe was killed by triggerhappy duo of ASP Theophilus

Otobo and Inspector Oguntoba Olamigoke over the weekend at the Iyana-Oworo area of Lagos State.

According to the state Police Spokesperson, DSP Bala Elkana, “the Commissioner of Police, Lagos State Command, CP Hakeem Odumosu ordered an in-depth investigation into the circumstances surrounding the death of Tina Ezekwe at Iyana-

oworo area of Lagos State.

“Investigations so far, revealed that the conduct of the two police officers, ASP Theophilus Otobo and Inspector Oguntoba Olamigoke linked with the incident, fell short of professional standards.

“In view of the above, the command has commenced forthwith, internal disciplinary

proceedings against the two officers.

“While the ASP has been served an official query in line with the provisions of the Public Service Rules, Inspector Oguntoba Olamigoke is undergoing an Orderly-Room trial (in-house court trial) at the State Command Provost Office.

Presidency to Engage 77,400Young Farmers in Six Months AdedayoAkinwaleinAbuja The presidency has revealed its plans to engage 77,400 young farmers from all the 774 local government areas across the country in different farming activities in the agriculture sector.

It said the programme, which would commence with a pilot number of 100 per local government

area, would be implemented in partnership with the 36 state governors for provision or donation of land.

The Executive Secretary of National Agricultural Land Development Authority (NALDA), Prince Paul Ikonne, disclosed this yesterday at the maiden media press briefing, where he revealed that the organisation was established in 1992 but stop existing

and function in 2000.

He said President Muhammadu Buhari, having given a marching order when he said: “We must produce what we have to eat,” NALDA, as an authority under the presidency, has come up with programmes to meet this directive by the president.

Ikonne stressed that NALDA’s short-term programmes included

providing farm inputs such as improved seeds, fertilizers, machinery, environmentally friendly crop protection agents, growth enhancers and trainings which would be given to already existing farmers, saying this would assist them during this farming season in order to improve their yield.

Adamawa Police Arrest 69 Kidnappers, Armed Robbers Daji Sani in Yola The Adamawa State Police Command has arrested 69 suspected kidnappers and armed robbers, recovered three AK47 rifles, ammunition and other locally made firearms.

While parading the suspects yesterday before journalists in

Yola, the state Commissioner of Police, Olugbenga Adeyanju, said the arrest was successful due to credible intelligence report from the vigilante and hunters, who have been assisting the police in the fight against crimes in the state.

“Following credible information, the command, in collaboration with vigilante/hunters, stormed

Yadim hills, the hotbed of kidnappers, on May 29, 2020, and apprehended seven suspects, recovered three AK47 rifles.

“Also recovered are one Dane gun, one locally made pistol and two motorcycles.

“Investigation led to the arrest of another syndicate that kidnapped Sule Haro, Solomi

Ishaya and killed her husband, Pastor Ishaya, at Mararaban Bokki in Gombi council area in April 2020.

“The group equally kidnapped Aminu Hassan, Isah Usman and Hamza Adamu, all residents of Uba in Hong council area, and demanded N10 million ransoms.

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Court Stops Edo Govt from Prosecuting Oshiomhole over Alleged Corruption Alex Enumah in Abuja The Abuja Division of the Federal High Court yesterday made an order restraining the Edo State Government from arresting and prosecuting a former Edo State Governor and National Chairman of the All Progressives Congress

a panel of inquiry set up by the state government to investigate corruption allegations against the former governor.

The inquiry relates to the construction and supply of equipment for the Edo Specialist Hospital, located in the state capital.

(APC), Mr. Adams Oshiomhole, over indictment in a white paper submitted to the state government.

Justice Ahmed Mohammed made the order while delivering ruling in an exparte application brought by Oshiomhole to that effect.

Oshiomhole was indicted by

Fayemi Inaugurates Molecular Lab to Perform 12,000 Tests Monthly Afe Babalola calls for more donations Victor Ogunje in Ado Ekiti The Ekiti State Governor, Dr. Kayode Fayemi, yesterday took a giant strides by inaugurating a COVID-19 mobile molecular laboratory to facilitate the testing of 12,000 persons monthly.

The laboratory installed at the Ekiti State Teaching Hospital (EKSUTH), Ado-Ekiti, in partnership with 54gene, a company set up to provide genomic data for Africa, which berthed barely a month ago, was unveiled as the COVID-19 Response Hub, a Geographic Information System-based application created to manage data on the pandemic in the state.

The COVID-19 mobile laboratory is fully equipped

with vital testing instruments and biosafety materials, including an autoclave, biosafety cabinet, centrifuge, heating blocks, vortexes, pipettes, and PCR machines.

Speaking at the event, Fayemi said with the installation and inauguration of the lab, the state now has testing capacity of up to 400 daily, and will be done across all 16 local government areas to facilitate early detection of the coronavirus and ensure timely and adequate treatment of victims.

Commenting on the sustainability of the laboratory, the governor said the COVID-19 mobile lab would remain in the state even after the pandemic has abated, and would be utilised as a fully functional molecular laboratory.

This, according to him, would

bolster the state molecular testing capabilities, and may be used by medical researchers and clinicians within the state in the event of any future outbreaks.

Also speaking the event, a legal luminary and Senior Advocate of Nigeria (SAN), Chief Afe Bababola urged public-spirited individuals and organisations to donate to the Response Resource Mobilisation for Ekiti State Covid-19 Response.

“Once more, I appeal to those who have not contributed to the project to do so in cash or kind,” he said.

Babalola thanked Mr. Oluwafemi Tope Fatope who donated N1.00, stressing that his donation reminds him of the Biblical story of the widow who gave her all in the church.

Chairman of the Judicial Panel of Inquiry and Edo State Commissioner for Justice, Justice James Oyomire, in a white paper report submitted to Governor Godwin Obaseki mid last month indicted Oshiomhole over alleged breach of the state’s Public Procurement Law.

However, the APC National Chairman decided to go to court to stop his arrest and prosecution by the Obaseki’s administration on corruption allegations emanating from a panel of inquiry.

Apart from the Edo state government, other respondents

in the suit filed on his behalf by his lawyer, Mr. West Idahosa include; the Edo State AttorneyGeneral and Commissioner for Justice, James Oyomire, the Inspector General of Police, Mr. Mohammed Adamu and the Department of State Services (DSS).

Two Corps Members Receive State, Sultan’s Meritorious Awards in Sokoto Onuminya Innocent in Sokoto Two members of the National Youth Service Corp (NYSC), Dr. Oromona Blessed Agba with state code SO/19B/1519 from Delta State and Asma’u Hamisu with code SO/19B/0621 from Kano State were yesterday presented with state and Sultan meritorious awards in Sokoto State.

The awardees served with the 2019 Batch B stream one in remote communities in Gwadabawa Local Government Area of the state.

The Sultan’s Personal Secretary, Alhaji Hali Maccido, presented sets of plasma television with N100, 000 prize to each awardee in the Sultan’s palace.

The state meritorious

awards was presented on behalf of the state Governor, Aminu Waziri Tambuwal, by the NYSC board Chairperson and Permanent Secretary, Ministry of Youth and Development, Hajia Amina M Jakada.

While responding, the NYSC state Coordinator, Philip Enaburue, commended the Sultan, Muhammad Sa’ad Abubakar 111, and Governor Tambuwal saying the gesture will serve as motivation for other serving corps members.

The NYSC coordinator said the monarch’s effort was geared towards encouraging corps members not to concentrate in the urban areas alone where their services would be under utilised He added that the service of corps members were more

needed in rural communities than the urban areas.

According to him, NYSC had partnered some agencies to impart business skills into corps members for them to be productive during and after service.

Speaking to journalists, Agba said as part of his Community Development Service, he carried out sickle cell awareness campaign in Gwadavawa LGA screening over 709 persons to ascertain their genotype status.

On her part, Hamisu said she constructed e-Library at government day secondary school in Gwadabawa and also renovated three toilets at the Sultan Abdurahman School of Health Technology in Gwadabawa.

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24 HOURS...

24 HOURS...

COVID-19: THISDAY Partners Others to Unveil 17 Global solutions Peter Uzoho Solution 17, supported by THISDAY Group, in collaboration with Covenant University, will be unveiled today (Tuesday).

The initiative, which is also backed by the United Nations Information Centre, is exploring creative and innovative capacities of students and recent graduates to proffer solutions to global challenges post COVID-19.

The 2020 session of Solution17 began on February 18, 2020, with registration and submissions of project ideas. This was followed by a rigorous selection process, which involved the interviews of hundreds of Covenant University students and alumni in May 2020.

Successful candidates were tasked with generating uncommon, but practical solutions to different problems ravaging the world, including climate change.

At the end of the qualifier stage, 47 teams from the university came up with 47 incredible solutions.

The solutions will be presented to a global audience in a virtual live event on June 2 and 3, 2020.

One of the hosts of the event, Ms Foluke Michael, who is the

CEO of CYCDI- Solution 17, said the project ideas would be judged based on sustainability, innovation; adaptability to the immediate environment; and alignment with the current global threats due to the Covid-19 pandemic.

“The aim is to present ideas and solutions that will help shape the future we want through the application of the 17 Sustainable Development Goals,” Ms Michael said.

Also, Editor at Large, THISDAY and Executive Director, THISDAY Conferences, Mr. Ayo Arowolo, speaking on behalf of THISDAY, co-host of the event, said that the outcomes from the exercise so far indicated that solutions to problems could sometimes come from unusual quarters.

Arowolo added: “I am simply thrilled by what I have seen and THISDAY is happy to put its brand behind the project”.

At the two-day event, the teams will pitch their projects to the Refiners and Advisory Team, and 17 participants would emerge as finalists.

The finalists would be admitted for training, project development, and sustainable business creation at the Solution17 Reality Innovation

Refugees Commission Distributes Protective Items in Cross River The National Commission for Refugees, Migrants and Internally Displaced Persons (NCFRMI) has distributed various personal protective items (PPI) against the spread of COVID-19 to 18,891 refugees in Ogoja, Cross River State.

There are about 70,000 refugees in Cross River State.

The items, which were distributed at the Refugees settlements in Adagum, Adagum 3 and Ukende respectively, included face masks, hand sanitisers, soap and buckets.

The Federal Commissioner in charge of the commission, Senator Basheer Garba Mohammed said the items were meant to help the refugees

improve their personal hygiene and to protect them from the ravaging coronavirus.

Mohammed, who was represented by the Deputy Director, Planning, Research and Development in the commission, Mrs. Mama Edet, further stated that the refugees had become part of the commission, and as such everything possible must be done to protect them.

The representative of the United Nations High Commissioner for Refugees (UNHCR) in Ogoja, Mr. Mulugeta Zewdie commended the commission for the timely intervention which he said would surely impact the rising number of refugees positively.

Infectious Disease Bill: Court to Hear Dino’s Suit against Gbajabiamila, Others on June 15 Alex Enumah in Abuja Justice Ijeoma Ojukwu of the Abuja Division of the Federal High Court yesterday said the court will unfailing hear the suit filed by a former Senator representing Kogi West senatorial district, Dino Melaye against the passage of the Infectious Diseases Bill 2020.

Justice Ojukwu announced the said date for definite hearing after granting a request for a short adjournment by Melaye’s lawyer, Mr Nkemakolam Okoro.

Melaye had dragged the Speaker of House of Representatives, Hon. Femi Gbajabiamila and four others to court over the controversial bill.

The others are: Clerk of the

National Assembly, Clerk of the House of Representatives, Attorney General of the Federation (AGF), Mr Abubakar Malami; and the Inspector General of Police (IG), Mr. Mohammed Adamu The bill sponsored by Gbajabiamila has passed second reading on the floor of the lower chambers and seeks to amongst others confer powers on the federal government to convert any property in the country, including private properties, to isolation centres.

It also seeks to empower the government to, upon mere suspicion that a person is infected with an infectious disease, arrest and detain the person for as long as necessary among other things.

Hub later in June 2020.

“The project will train, showcase, and empower the 17 successful participants to frontally confront the challenge of climate change, and incorporate lessons learnt from Covid-19 to provide

solutions to the climate crisis.

“The solutions will be presented to world leaders in September 2020 at the UN General Assembly in New York. And this will be followed by product development and project replication in other

nations around the world. Each participant is expected to train 17 young innovators across Nigeria under the train-the-trainer Entrepreneurship Network Marketing Module,” Arowolo said.

He added that through the

model, Solution17 for climate action is expected to grow from 17 to at least 5 million direct and indirect beneficiaries by September 2030.

Register to attend here:cycdi. com/register

TOUCHING LIVES...

L-R: Deputy Governor of Enugu State, Mrs. Cecilia Ezeilo; state Commissioner for Transport, Mr. Matthias Ekweremadu; and Chairman of cab operators in the state, Mr. Samuel Ajogwu, during the presentation of state government’s palliatives to the cab operators, at the Michael Okpara Square, Enugu ... yesterday

Lagos Asks Court to Restore Its Power to Register, License Cinemas Davidson Iriekpen The Lagos State Government has asked the Court of Appeal in the state to restore its power to register and license cinemas.

It filed an appeal challenging a March 18, 2020 Federal High Court judgment which held that only the federal government can exercise such power.

The state also filed a stay of execution of the judgment.

The lower court decision was delivered by Justice Chuka

Obiozor, a Professor of Law, in Suit No. FHC/L/CS/1502/2016, Harris & Annis Limited v Attorney-General of Lagos State & 3 Ors. The judge held that the state government cannot exercise regulatory powers to register and license cinema exhibition centres under the Cinematograph Law of Lagos State, because a federal law already covers such activity.

But Director, Public Affairs of the Lagos State Ministry of Justice (MOJ), Mr. Kayode Oyekanmi,

revealed that that the state had challenged the decision.

“We have, however, filed a notice of appeal and stay of application,” Oyekanmi said.

At the lower court, the plaintiff, Harris & Annis Limited, who operates ‘Dew Cinema’ in Lagos, joined the Attorney-General of Lagos State, the Lagos State Film and Video Censors Board (LSFVCB), the Attorney-General of the Federation, and the National Film and Video Censors Board (NFVCB) as defendants.

The plaintiff’s counsel, Chijioke Emeka, argued that the NFVCB Act 1993 and the Cinematograph Law of Lagos State 2004 having given the NFVCB and the LSFVCB powers to register and license premises for film and video exhibition, the plaintiff is brought under the registration and licensing regulation of both bodies under sections 17, 21 and 25(2) of the Federal Law and sections 23 and 24 of the state law, a scenario unintended by the constitution.

We Don’t Collect Bribe to Approve Flights, Says Sirika Minister of Aviation, Senator Hadi Sirika, has said he has never asked for or received a bribe and has challenged anyone who has contrary information to come forward.

Sirika yesterday said the clarification became necessary after backlash from Nigerians on Twitter accusing the Ministry of Aviation of demanding money before flights are approved.

Speaking at the presidential task

force on COVID-19 briefing in Abuja, he said such claims are false.

“I have read also on Twitter that there are certain monies being charged for approval for flights. This is far from the truth.

It’s for free. It’s just frivolous; it’s just a pen to be approved,” he said.

“Just send a text message, we will send them back as approved.

So nobody should con anybody

and people should stop living in the past.

“For us in this government, we are very conscious of the weight of responsibility on our heads.

I’ve been minister five years now and I challenge anybody before all of these cameras.

“There’s not a single aviation business man or woman owning an aeroplane or any airline or doing any kind of business, catering, taxi, hotel, whatever

it is, any business whatsoever within the aviation industry, or any permanent secretary, director or any civil servant or any public servant or whatsoever that has given me or I asked, who he offered, or I take any money and I challenge anybody today.

“There is freedom of information act in place. We will give you all of the information, all of the documents that are required.”

Nasarawa Assembly Committee Indicts SSG over N1bn Scam Igbawase Ukumba in Lafia The Nasarawa State House of Assembly’s (NSHA) adhoc committee investigating N1billion released in 2018 for the renovation/fencing of Secondary schools across the state, yesterday, indicted the Secretary to the Nasarawa State Government, Mr. Aliyu Ahmed Tijani, for

misappropriation.

The state assembly also asked Tijani, who was the State’s Commissioner for Education at the time the money was released, to refund more than N248.5 million as unaccounted funds to the coffer of the state government.

The Chairman of the Ad-Hoc Committee, Mr. Daniel Oga Ogazi, made this known while presenting

the committee’s reports to the assembly in Lafia.

The Speaker of the NSHA, Mr. Ibrahim Balarabe Abdullahi, received the reports and slated June 2, 2020, for deliberation on it.

Ogazi told the assembly that the former commissioner displayed blatant inefficiency, incompetency and ineffectiveness in the performance of his official

duties.

According to him, “based on the committee’s recommendations, the total sum of N873, 233,942.60 was expended based on information from the payment vouchers (PVs) excluding five per cent deductions for Monitoring and Evaluation (M $ E) as payments for the completed and uncompleted projects.

Navy Inaugurates 40-bed Space Isolation Centre for Personnel Chiemelie Ezeobi The Nigerian Navy yesterday inaugurated a 40-bed space isolation centre at the Naval Dockyard in Victoria Island, Lagos, for naval personnel who

are asymptomatic to COVID-19.

The facility built to accommodate four asymptomatic patients per en-suite room, followed concerns that Lagos and indeed Nigeria was running short of isolation centres for COVID-19

positive patients.

The Chief of Naval Staff (CNS), Vice Admiral Ibok-Ete Ibas, who was represented by the Flag Officer Commanding (FOC), Western Naval Command, Rear Admiral Oladele Daji, said

the centre would be used to isolate positive but asymptomatic personnel.

Stressing that it was part of the navy’s proactive measure to curb the spread of the virus, he noted that over

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Ëœ ÍşËœ ͺ͸ͺ͸ Ëž T H I S D AY

31

TUESDAYSPORTS

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

Siasia Gets Fresh October 6 Appeal Date at CAS Duro Ikhazuagbe The Court of Arbitration for Sports (CAS) has fixed October 6 for the hearing of the appeal filed by a former Super Eagles player and Coach, Samson Siasia, over his life ban by FIFA. Siasia is appealing against the decision of FIFA that banned him over allegations of attempting to fix a match without giving him a fair hearing.

Speaking with THISDAY yesterday from Abuja, Siasia confirmed the new date, stressing that it is his only chance to prove his innocence.

Samson Siasia‌gets fresh date at CAS

“We have a date now at CAS for the hearing fixed for 6th of October in Switzerland,� observed the two-time Olympic Games medal-winning coach with Nigeria’s Under-23 team.

Before the earlier appeal was moved from the March 19 hearing date due to the coronavirus pandemic, Siasia was scheduled to meet CAS’s panel of jurists at the CAS Court Office, Avenue de Beaumont 2, 1012, Lausanne, Switzerland.

The world arbitration body on disputes in sports had wrote Siasia on December 27, 2019 inviting him and FIFA representatives and their witnesses to appear at the hearing scheduled to hold at 9.30 hours Swiss time.

Although Siasia has not been able to raise the 100,000 Swiss franc (about $100,000) appeal fees, he however remains optimistic that the promises made to him by prominent Nigerians will be fulfilled. “I will be able to raise the appeal fees before October,� observed the ex international.

The embattled former Eagles Coach once again solicited for financial support from all and sundry, friends and eminent Nigerians to help him raise funds to be able to attend the CAS hearing in order to clear his name concerning the FIFA

allegations.

Not much has been realized from the GoFundMe appeal initiated to raise money to fund his case at CAS. FIFA had last year said in a state that: “The Ethics Committee has found Mr Siasia, a former official of the Nigeria Football Federation, guilty of having

accepted that he would receive bribes in relation to the manipulation of matches in violation of the FIFA Code of Ethics.�

Siasia was banned “for life from all football-related activities (administrative, sports or any other) at both national and international level.� In addition,

a fine in the amount of CHF 50,000 (US$50,000) was imposed on him.

He won the 1994 Africa Cup of Nations with Nigeria and played in Eagles maiden World Cup appearance later that same year. He played over 50 times for Nigeria while scoring 16 goals.

As a coach he led Nigeria’s Under-20 and Under-23 sides to continental success in 2005 and 2015 respectively.

Siasia is the most decorated African football coach at the Olympics, winning silver at the Beijing Games in 2008 and bronze at the 2016 Games in Rio.

Rohr Holds First Meeting with Eagles Technical Crew, Liverpool Players in Solidarity with Restates His Philosophy

Liverpool players took a break from training at AnďŹ eld on Monday to show their solidarity with ongoing protests against the killing of George Floyd in Minneapolis, USA

Duro Ikhazuagbe Even before the Federal Government of Nigeria approves the return of sporting activities from lockdown due to the coronavirus pandemic, Super Eagles Head Coach, Gernot Rohr, on Sunday met with his technical crew to forge a new direction for the country’s senior national team.

The meeting which held via video conferencing, was attended by former captain of the team, Joseph Yobo who is now Rohr’s assistant.

Sources close to the Sunday Dankaro secretariat of the Nigeria Football Federation (NFF) confided in THISDAY that Rohr used the opportunity of the meeting to reel out his new direction to the back-up staff.

It offered him the opportunity to enforce his philosophy and the need for the team to stay focused and hungry for greater success.

For Yobo who was attending the meeting with Rohr for the first time, it was a welcome development to learn first hand what to expect when Camp opens for both the AFCON 2021 and 2022 World Cup qualifiers.

Gernot Rohr‌meets Eagles back up sta

“ Yobo was welcomed by all with Coach Rohr letting him know what to expect when camp begins for ASFCON 2021 qualifiers,� revealed the source.

It was also learnt that Tunde Adelakun who is the Chief Scout and Nabil Trabelsi, the Video Analyst provided the German gaffer with full details of how they have been monitoring Nigerian internationals even during the lockdown in Europe.

Others present during the video conference include; a fitness coach, Jean Luc Royer; the goalkeepers’ coach, Alloy Agu; the team doctor, Ibrahim Gyaran; the team physiotherapist, Anaemeka Anozie; as well as the new assistant coach, Joseph Yobo.

It was the first meeting for the technical crew of the senior national team since Rohr was handed an extended two and a half years contract.

Also speaking on why the federation offered the former Niger and Burkina Faso manager a contract extension, NFF President, Amaju Pinnick said his board was of the conviction that Rohr deserves continuity on the job. “We are of the view and conviction that Mr. Gernot Rohr deserves to continue the job he is doing with the Super Eagles. I believe he has earned it. He had a right of first refusal so it was not a problem. “We included a few other things in his contract but at the end of the day, we were able to come to an agreement. “Presently, I am proud of the squad that we have. Without gainsaying, we have good players competing for every department on the field in the Super Eagles squad. It is exciting and we believe the team is on to a good thing. “ It is important that we work with him to nurture together a team that we can all be proud of,� concludes the NFF chief.

Protests over Killing of George Floyd Abdul-Jabbar defends protests, says racism deadlier than Covid-19

Liverpool players took a knee around the centre-circle at Anfield in a message of support following the death in police custody of African-American George Floyd in Minneapolis, USA. The picture featuring 29 Reds players came with the caption “Unity is strength. #BlackLivesMatter�. Players reportedly requested the picture during training on Monday.

Manchester United’s Paul Pogba and Marcus Rashford added their voices to worldwide protests against racism.

Protests have been held after Floyd, an unarmed black man, died on 25 May after being restrained by white Minneapolis police officer Derek Chauvin, who kneeled on his neck for almost nine minutes to pin him down.

Liverpool players that tweeted the same picture and message included defenders Virgil van Dijk and Joe Gomez, full-

back Trent Alexander-Arnold, midfielder Georginio Wijnaldum, as well as James Milner and Andrew Robertson.

Also at the weekend, NBA legend, Kareem Abdul-Jabbar defended the protests in a powerful op-ed for the Los Angeles Times on Saturday, writing that while he doesn’t want to see stores looted or buildings burned, the protests are the result of what happens when black Americans have been pushed to their tipping point. “African Americans have been living in a burning building for many years, choking on the smoke as the flames burn closer and closer. “Racism in America is like dust in the air. It seems invisible -- even if you’re choking on it -- until you let the sun in.

Then you see it’s everywhere,�

Abdul-Jabbar wrote.

Those who criticize the looting and fires, saying that those actions are hurting the

protesters’ cause aren’t wrong, but they’re not right, either, the former Lakers star said. “The black community is used to the institutional racism inherent in education, the justice system and jobs. And even though we do all the conventional things to raise public and political awareness -- write articulate and insightful pieces in the Atlantic, explain the continued devastation on CNN, support candidates who promise change -- the needle hardly budges ... “So, maybe the black community’s main concern right now isn’t whether protesters are standing three or six feet apart or whether a few desperate souls steal some T-shirts or even set a police station on fire, but whether their sons, husbands, brothers and fathers will be murdered by cops or wannabe cops just for going on a walk, a jog, a drive. Or whether being black means sheltering at home for the rest of their lives because

the racism virus infecting the country is more deadly than COVID-19,� wrote the legendary former basketball player.

LeBron James also continued to speak about the death of George Floyd and the protests that have sprung up around the world over the weekend.

James took to Twitter in the early Sunday morning hours as protests continued in cities large and small across the United States. “Why Doesn’t America Love US!!!!!????TOO,� James wrote with two hashtags and emojis.

The Los Angeles Lakers superstar has been using his platform over the last week to draw attention to the death of Floyd and its aftermath.

James initially shared on Instagram a photo of the incident next to a photo of Colin Kaepernick kneeling during the national anthem. “Do you understand NOW!!??!!??� he wrote.

Man Utd, Shanghai Agree Loan Extension Till January for Odion Ighalo Odion Ighalo’s dream of finishing the 2019/20 season with Manchester United has been given the nod as the English team and Chinese club Shanghai Shenhua have reached an agreement to allow the Nigerian forward stay till January 31, 2021 at Old Trafford.

Ighalo’s agent, Attah Aneke confirmed the good news to UK’s The Sun on Monday morning.

After a permanent loan switch was frustrated by the 20 million pounds demand by Ighalo’s parent Chinese club, the former Watford striker wanted a loan

extension till end of the league season but Shanghai tied that to him first signing a new deal that will keep him China till 2024.

But the new Chinese government rule that prevents foreign nationals from coming into the country until later part of the year due to the Coronavirus pandemic made it possible for Shanghai to soft-pedal and allow the extension of the loan until January 31 next year. “It’s been a dream for him and hopefully he can finish what he started and win a trophy with us,� said United manager Ole

Gunnar Solskjaer to BBC Sports yesterday. “Shanghai Shenua have been great towards us, allowing him to play for his dream club.�

Ighalo has scored four times in eight appearances for the Old Trafford side, including a goal in the 5-0 Europa League win over LASK on 12 March, which was United’s last competitive match before the season was suspended because of the coronavirus pandemic.

The Premier League season is set to resume on 17 June.

Odion Ighalo‌loan extended till January 31

Tuesday June 2, 2020

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Price: N250

MISSILE Okotie to CAN

“It is bereft of any authority to speak on behalf of the Church of Jesus Christ.

Arrayed in Episcopalian vestments, they are the modern day Pharisees who arrogate divine honors to themselves. They have a form of godliness and yet hobnob Nicodemusly with enemies of the Lord Jesus. The true ministers of the sanctuary must recognise CAN’s treachery and reprehensible Phariseeism” – Pastor of the Household of God Church, Rev. Chris Okotie, slamming the Christian Association of Nigeria over social distancing in churches.

TUESDAY WITH REUBENABATI Politics and Nigeria’s Electricity Sector abati1990@gmail.com

W

hile Nigerians are busy with the management of COVID-19 and its many fall-outs, fire has been burning in other aspects of national life which require equal attention both now and after COVID-19 – the increasing spate of insecurity in the country is one, the crisis in the country’s electricity sector is another, but COVID-19 is such an all-consuming pre-occupation that other issues have been pushed to the back-burner. More people have died in Nigeria from attacks on communities by terrorists nicely referred to as bandits since January raising a question about the country’s capacity to win the war against terror and insecurity, and there have been crises on other fronts that we would still need to deal with, which may have far-reaching implications for national economic sustainability.

The politics of the electricity sector is one of such issues.

Long before COVID-19, for example, there have been problems with Nigeria’s privatization of the power sector and the performance of the entire value chain from generation to transmission and distribution. The problem perhaps can be traced back to 2013 when the Federal Government of Nigeria decided to complete the privatization of the electricity sector. The then PHCN was unbundled into three parts: Generating Companies (Gencos), the Transmission Company of Nigeria, and Distribution Companies (Discos). The ancient Power Holding Company of Nigeria (PHCN), even after its commercialization did not meet the objective of achieving efficiency and effectiveness in delivering power to accelerate Nigeria’s economic development process. The underlying philosophy as I understand it, is that partnership with the private sector will address that omission and re-position Nigeria’s electricity value-chain. The Nigerian Government sold a 60% stake in the distribution end of the value chain, and retained ownership of 40% therein, but it kept 100% control over the transmission of electricity. The Gencos had different controlling share ratios. Manitoba of Canada was engaged to manage the Transmission Company of Nigeria. Private investors took over the management of the Gencos and Discos.

The reform of the electricity sector is one of the major last acts of the Goodluck Jonathan administration. Many institutions of state were involved in the process, notably the Bureau of Public Enterprises (BPE), the National Electricity Regulatory Commission, that is the regulator, and the Bulk Electricity Company, the middle broker known as the Bulk Trader. Privatization is not an automated transaction. It is a process, with its own twists and turns and indeed, there were in-built mechanisms in the power sector reform process and the Electricity Power Sector Reform Act (EPSRA) Act to ensure reviews, standards and the fine-tuning of the process.

But the entire process had hardly assumed a definite form, the private investors had not yet settled down, when Nigeria faced one of its most momentous transitions in contemporary history. The Jonathan administration left in May 2015. It was replaced by a new administration led by President Muhammadu Buhari. This lent a new tone to everything else: the new administration had a choice to continue with the programmes of its predecessor or to adopt some of them and review/reject/cancel others. This was exactly what happened. And it happened

Buhari that the power sector reform process was one of those areas that the new Federal Government felt a review was necessary.

This is understandable perhaps. Successive Nigerian administrations since the return to civilian rule in 1999, have without exception acknowledged the fact that an efficient power sector would help to accelerate Nigeria’s development process, and even the quality of livelihood. In an economy dominated mostly by the informal sector and Small and Medium Scale Enterprises (SMEs), an efficient power supply system should facilitate productivity and release the people’s energies for maximum beneficial outputs, with corresponding implication for output growth. The bigger questions, however, have been: how to keep politics out of it?, How to get it right? And how best to act in the national interest and not narrow, partisan interests? Those were the questions at issue when the Umaru Yar’Adua administration succeeded Obasanjo’s administration in 2007 and billions worth of imported equipment were allowed to rot away at the ports. The same questions emerged as soon as the Buhari administration assumed office.

Without missing a beat, the Buhari administration took a fine toothcomb to the privatization of the electricity sector and began to engage the private investors in the power generating and distribution ends of the value chain. In the course of the 2014/2015 Presidential campaigns, key spokespersons of the opposition All Progressives Congress had accused the Jonathan administration of fumbling with the power sector. They even argued that the efficient delivery of electricity to the people is not rocket science. Thus, upon assumption of power a point needed to be proved, but in attacking former players in the corridor, the new administration overlooked a number of issues and soon ran into fresh, troubled waters. In order to save face, it has spent the best part of the past five years looking for scapegoats and trading blames. The matter has now reached a point that the DISCOs have now gone to court to seek a restraining order against a planned forensic audit by the Federal Government. I have written twice on this subject in recent times. The first time I did so in this column, I was accused of cruelty by the Discos simply because I argued that an

upward review of electricity tariffs would be insensitive to the plight of Nigerian consumers of electricity. My follow-up comment on the subject drew sharp reactions from official quarters and all I did was to state that the private investors have something useful to say that should be addressed. In this commentary, I simply wish to draw attention to some often overlooked cross-current issues, and ask that common sense should prevail. Litigation could serve the purpose of taking the egos of the various players on a Disney-mode trip, but it can only make things worse in the long run. The main victims would be the ordinary people of Nigeria. Only a week ago, 10 of Nigeria’s generating plants all became idle at the same time: Geregu II, Omotosho II, Ibom plants, Sapele II, Alaoji, Olorunsogo II, Ihovbor, Gbarain, AES and ASCO. The effect was that power generation fell to 2, 626 MW – a complete embarrassment in a country of 200 million that should never at any time generate anything below 40, 000 MW. Even at the best of times, the entire country’s installed generating capacity is about 12, 910 MW, but the peak that has been generated in the last five years is about 5, 375 MW. TCN lacks the capacity to evacuate and deliver the same amount of energy to the Discos. The national grid has degenerated. It is perpetually down.

Transmission infrastructure is extremely poor.

What are the issues?

The Federal Government budget for power is usually through the Niger Delta Power Holding Company (NDPHC), TCN and the Rural Electrification Agency. The Federal Government through the Central Bank has also made provisions to enable the Gencos pay the gas supplier and meet other statutory obligations. But the industry often complains about government, and how regulation has resulted in a shortfall. On its part, government accuses Discos in return, of being congenital debtors whose failure to make due remittances to the Bulk Trader has derailed the electricity sector. The deficit in that sector today is over N2 trillion. Government blames the private investors, they in turn blame government. The investors’ argument is that the authorities have refused to allow cost-reflective tariffs, which is provided for in the Multi-Year Tariff Order (MYTO) in the enabling Act. They point out that government has stubbornly, contrary to the Act, pegged tariffs. Who will pay for the difference?

Now, it should be noted that the expectation of the Nigerian Government is that the privatization of the power sector will work out like the privatization of the telecommunication sector, but the electricity investors argue that this is like comparing apples and oranges. “In the electricity sector, the value chain is not 2 plus 2 = 4”, they say. In other words, it is not the same as telephone. Nobody can distribute electricity without bringing wire and electric poles to your doorstep. Telcos use a different kind of technology. My view: this may not be a very useful comparison except we want to open up an unproductive argument between Discos and Telcos who certainly have many tales of woe of their own to tell.

The non-availability of gas has also been a major issue in the electricity sector chain.

Thermal plants do not get enough gas due to one excuse or the other. The Discos are not responsible for the supply of gas. The

Nigeria Gas Company (NGC) which is fully owned by the NNPC is responsible for that.

But the NGC is not part of the privatization process. It is bogged down by bureaucracy and the inefficiency of the NNPC. Why is the NGC not privatized? Meanwhile, government is still talking about building a gas pipeline to Ajaokuta, Abuja, Kaduna and Kano? How will that impact on electricity transmission? Why the gas pipeline? Where are the foreseeable gains? Hydro power generation is cheaper but the Mambilla Hydro project has remained a perpetual work in progress while much energy is devoted to the pursuit of shadows.

The Federal Government complains about the Discos but the point is often overlooked that there are still 10 power plants that are fully owned by the Federal Government. Why are those plants not working? The Federal Government has been challenging private investors who borrowed money to invest in the electricity sector but it is not worried about the fact that existing assets in its own possession are wasting away.

The crisis in the electricity sector has been considered and re-examined at all levels, not just by the NERC, the regulator, but also by the National Economic Council (NEC), and of late, there have been some developments. The first is the emerging prominence of Siemens of Germany in the conversation. Siemens is not new but its records in Nigeria are mixed. It has a track-record of achievement in the electricity sector particularly its intervention in Egypt where it helped to add value. The plan is that by 2021, Siemens would have helped to ramp up Nigeria’s electricity service delivery. A key point however: foreign contractors should not be promoted as a threat to local investors in the electricity sector. Is it possible to restrict Siemens to the transmission sector and the reinvention of infrastructure? The MoU that has been signed with Siemens is presented to local players as a take-it-or-leave-it proposition.

That is unwise.

The Federal Government through the National Economic Council and the Presidency as it were has now ordered a forensic audit of the power companies who seem to be uncomfortable with that. I guess they do not trust government and can you blame them? But why the emphasis on forensic audit? Ordinarily, this should not be a matter for litigation. The Federal Government also wants state governments to be part of the shareholding in the power sector. I have no problems with that. Government already has equity. It can share that as it wishes, but nothing more than that.

What the Federal Government must watch closely and be careful about is the repeated threat that it intends to either review the privatization of the electricity sector or cancel it altogether, whatever that double-talk means. The Senate President Ahmad Lawan seems to support the latter option, whereas he was a member of the Senate Committee on Privatization, 20112015. What could be his motive? Government options should not be about individual interests.

There are larger implications about investor confidence, cost of likely litigation, the sanctity of contracts, service delivery and governance.

The current situation is un-bankable on all fronts. I recommend dialogue, not the looming showdown. Nigerians want regular electricity supply, affordable tariffs and a country that works. Is it possible to focus on that?

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