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COVID-19: FG Seeks to Criminalise Non-wearing of Face Masks Pushes for law to punish violators 675 new cases push tally to 20,919 Olawale Ajimotokan, Onyebuchi Ezigbo, Adedayo Akinwale in Abuja and Chinedu Eze in Lagos With the uptick in the number

of fresh COVID-19 cases in the country, the federal government yesterday advocated ways to make it a criminal offence for anyone in the country not to wear

face masks.

The federal government's advocacy, which entails state enacting laws to punish errant citizens, is in furtherance of its determination to get people to

embrace non-pharmaceutical ways of combating the virus.

The federal government, in the last three weeks, has called on Nigerians to own the fight against COVID-19,

following the spread of the virus reaching a community spread level.

It warned that in the absence of drugs or vaccine for the treatment or prevention of the disease, people would have

to take personal responsibility for the protection of their lives by wholly embracing non-pharmaceutical methods of combating COVID-19 such Continued on page9

ECOWAS Endorses Okonjo-Iweala’s Nomination as WTO Director General...Page 5 Tuesday 23 June, 2020 Vol 25. No 9206. Price: N250

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APC Governors Meet Buhari, Ize-Iyamu Emerges Party’s Candidate Seek emergency meetings of party organs Omololu Ogunmade, Chuks Okocha, Adedayo Akinwale in Abuja, Ernest Chinwo in Port Harcourt and Adibe Emenyonu in Benin All Progressives Congress (APC) governors moved

yesterday to save the party from the multiple crises it has been plunged into by the contests for power among its top officials at state and national levels.

A delegation of the governors, led by Chairman

Party members protest, call for dissolution of NWC

of the Progressive Governors' Forum (PGF) and the Kebbi State Governor, Senator Abubakar Bagudu, met President Muhammadu Buhari to seek his intervention and proffer ways forward for the party.

Other members of the delegation were the Chairman of Northern Governors' Forum and Plateau State Governor, Mr. Simon Lalong, and the Governor of Jigawa State, Alhaji Abubakar Badaru.

The APC governors'

confirmed THISDAY exclusive report last week that they were planning to move in to save the party from collapse.

The simmering crisis in the party worsened last week as the Court of Appeal affirmed the suspension of

the party's National Chairman, Mr. Adams Oshiomhole, by his ward in Edo State, and stripped him of his duties and privileges as party chair.

His suspension was the Continued on page 9

With a Friend Like Wike, Obaseki Meets His PDP’s Waterloo; Almost

Port Harcourt court restrains Edo governor, talks continue One aspirant steps down, others refuse Party extends date for sale of nomination forms for Ondo deputy gov Davidson Iriekpen in Lagos, Chuks Okocha in Abuja and Adibe Emenyonu in Benin Perhaps, Edo State Governor, Mr. Godwin Obaseki, may have to go back to Nigeria's school of governance to learn the practical rudiments of Nigerian Politics 101 - which teaches you that 'the political enemy of your friend, is not necessarily your friend'.

Yesterday, a court sitting in Port Harcourt granted an injunction stopping the governor from participating in the opposition Peoples Democratic Party's (PDP) primaries, slated for Thursday, to pick its governorship candidate.

It was another Port

Harcourt-based court that granted the order stopping the political foes of Rivers State Governor, Mr. Nyesom Wike, led by his predecessor, the Hon. Rotimi Amaechi, from laying claims to the acting national chairmanship of the All Progressives Congress (APC) - a move that assisted Adams Oshiomhole, the embattled National Chairman of the ruling APC, and frustrated Amaechi in his bid to take control of the national structure of the party, ahead of the 2023 presidential election, which he is said to be interested in. .

Amaechi's protege, Chief Victor Giadom, was stopped Continued on page 8

Southern Leaders Sue Buhari over Alleged Breach of Federal Character... Page6

IN THE QUEST FOR PEACE...

L-R: Governor of Plateau, Mr. Simon Lalong; Chairman of Progressives Governors’ Forum (PGF) and Kebbi State Governor, Senator Atiku Bagudu, as well as Governor of Jigawa State, Alhaji Muhammad Badaru, briefing State House correspondents after a meeting with President Muhammadu Buhari on the crises in APC, in Abuja ...yesterday godwin omoigui

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NEWS ECOWAS Endorses Okonjo-Iweala’s Nomination as WTO Director General Rallies support for ex-minister's candidature

Group News Editor Ejiofor Alike

Email Ejiofor.Alike@thisdaylive.com, 08066066268

Obinna Chima The Heads of State and Governments of the 15 Economic Community of West African States (ECOWAS) member states have endorsed the candidature of Nigeria’s former Coordinating Minister for the Economy and Minister of Finance, Dr. Ngozi Okonjo-Iweala, for the position of the Director General of the World Trade Organisation (WTO).

The West African leaders, in a statement signed by President of Niger, who is also ECOWAS President, Mahamadou Issoufou, also called on other African countries and non-African countries to endorse her candidature for the plum job.

THISDAY obtained a copy of the statement, dated June 19, 2020, yesterday.

The West African leaders recalled the communication by the Chairman of the General Council of the WTO announcing the commencement of a process for the appointment of a new director general of the organisation, with the opening and closing dates of nominations set as June 8 and July 8 respectively. “Since the creation of the WTO on January 1, 1995, which is a successor to the General Agreement on Tariff and Trade (GATT) established on January 1, 1948, no African has assumed the position of director general of the organisation,� they added.

They noted that Nigeria has formally nominated

Okonjo-Iweala for the position of director general of the WTO for the period of 2021 to 2025. “Having acknowledged the strong academic and professional background of Dr. Okonjo-Iweala and her very large experience in national affairs as Nigeria’s Finance Minister (2003 -2006 and 2011-2015) and Nigeria’s Foreign Affairs Minister briefly in 2016; having further acknowledged her long years of managerial experience at the top of multilateral institutions, her established reputation as a fearless reformer, her excellent negotiating and political skills, her experience of over 30 years as a development economist with a long standing interest in trade, her excellent academic qualification, her positions as Managing Director, World Bank, and currently as Board Chair, Gavi, and African Union Special Envoy to Mobilise Financial Resources for the fight against COVID-19, ECOWAS endorses the candidature of Dr. Ngozi Okonjo-Iweala for the position of director general of the WTO for the period 2021-2025,� they stated.

Nigeria last week maintained that OkonjoIweala remains its candidate for the position despite efforts by Egypt, which is also fielding a candidate for the position to get her disqualified.

According to the country, Nigeria, like other sovereign states, reserves the right to nominate, withdraw or

replace a candidate for any position, especially when a consensus has not been agreed to endorse a single candidate.

The federal government had explained this in a Note Verbale dated June 18, 2020, that was addressed to the African Union Commission, Members of the Ministerial Committee on Candidatures, among others.

The Note Verbale then was a response to an

earlier statement that was attributed to the Office of the Legal Counsel (OLC) of the African Union, which had earlier faulted the nomination of the former minister.

The OLC had stated that the nomination of Okonjo-Iweala was against the rules of procedure and the decision by the AU Executive Council.

A document from the office of the OLC had stated that

Okonjo-Iweala’s nomination violated Rule (11), 1, 2 and 3, Rule 12 and Rule 15(3) of the rules of procedure of the committee on candidatures within the International System of the AU. However, Nigeria in the diplomatic document, had rejected the opinion of the OLC in a June 15, 2020, Note Verbale by the Legal Counsel, saying it, “failed all parameters of objectivity, academic rigour

and unbiased submission, a high standard for which the African Union is to be held.�

The document had stated that the Permanent Mission of the Federal Republic of Nigeria would not be a party to any propaganda and/or actions that supplant the vision and objectives of the African Union, by supporting a willful, obviously partisan and outlandish interpretation of rules and decisions.

FINETUNING THE BUDGET...

L-R: Ekiti State Deputy Governor, Chief Bisi Egbeyemi; Speaker, Ekiti State House of Assembly, Hon. Funminiyi Afuye; Ekiti State Governor, Dr. Kayode Fayemi; Commissioner for Budget and Economic Planning, Mr. Femi Ajayi, and Special Adviser on Legislative Matter, Mr. Abiola Olowookere, during the signing of the 2020 Supplementary Appropriation Law in Ado-Ekiti ...yesterday

Adesina Thrilled as S&P Affirms AfDB’s Positive Ratings Obinna Chima Standard & Poor’s (S&P) Global Ratings has affirmed its 'AAA/A-1+' long- and short-term issuer credit ratings on the African Development Bank (AfDB).

The global rating agency also stated that the outlook of the Abidjan-based multilateral institution remains stable.

The rating excited President of AfDB, Dr. Akinwumi Adesina, who said it reflected the bank’s strong financial position, risk management and sound governance.

S& P, in its latest rating on the bank dated June 19, which was obtained yesterday, noted that the bank’s policy importance was adjudged to be –very strong; governance and management was rated –adequate; financial risk profile – very strong; capital adequacy -very strong; funding and liquidity – strong.

Commenting on the allegations against Adesina, the New York-based rating agency said the bureau of

the boards of governors of the bank recently addressed allegations against the president, and agreed with the findings of the ethics committee absolving the president of any wrongdoing and authorising an independent review of the report.

This, it stated, was consistent with the assumptions in its existing assessment of the institution's governance and management. “Regardless of the outcome of the independent review, we expect that shareholder support will remain robust, especially in light of the recently approved general capital increase. “We are therefore affirming our 'AAA' long-term issuer credit rating on AfDB. The stable outlook reflects our expectation that, over the next two years, AfDB will prudently manage its capital levels and maintain shareholder support, and that borrowers will continue to treat the bank as a preferred creditor,� it stated.

S&P expressed the belief that the allegations

were being appropriately addressed through the proper institutional channels. “We assume in the ratings that shareholder structure and composition, with 59 per cent of voting shares coming from regional members, are potentially vulnerable to agency risk, meaning the interests of borrowing members could differ from those of creditors. “(Once the remaining installments of paid-in capital from the sixth general capital increase are received, the composition of the shareholder structure will be 60 per cent regional members and 40 per cent non-regional members.) “This weighs on our governance assessment for AfDB. This is counterbalanced by our view of AfDB's strong risk management and risk culture--which we believe extends to the appropriate rules and procedures to handle personnel and other ethics-related matters,� it explained.

In October 2019, the bank's shareholders approved its

seventh general capital increase, effectively increasing the institution’s capital base by $115 billion, of which six per cent was paid-in and the remaining is in the form of callable capital, to the tune of $208 billion.

In addition, recently, the board of governors approved the replenishment to the African Development Fund, which underscored its important role in Africa, marked by a long track record of fulfilling its policy mandate through economic cycles, combined with robust shareholder support.

According to S&P, the AfDB will play a key role supporting the region, particularly in the context of COVID-19, as the institution recently approved an up to $10 billion relief package for 2020, of which $6.9 billion would be financed by AfDB and the remainder through its concessional lending window. “This relief package largely represents a repurposing of existing lending, which will support its capital position.

As of December 2019, AfDB's

risk-adjusted capital (RAC) ratio was 19 per cent. “We factor extraordinary support in the form of callable capital--from the bank's highly rated shareholders ('AA+' and 'AAA')--into the rating on AfDB. This provides a significant uplift to our RAC ratio and mitigates the impact on the financial risk profile following a potential deterioration of AfDB's capital adequacy. “The stable outlook reflects our expectation that, over the next two years, AfDB will prudently manage its capital while maintaining solid levels of high-quality liquidity assets and robust funding,� S&P stated.

It also anticipated that shareholders would remain supportive by providing timely capital payments; that the bank would continue benefiting from preferred creditor treatment (PCT) and would prudently manage growth in private-sector lending in a way that's aligned with its mandate. “We could lower our ratings if we observe signs

of weakening PCT from borrowing members, or if there are significant delays from shareholders in paying in capital, which could limit AfDB's ability to carry out its public-policy mandate. “We could also lower the ratings if capital adequacy and liquidity ratios deteriorate as the bank pursues private-sector or less-creditworthy sovereign exposures, or if we perceive internal controls to be ineffective,� it added.

Commenting on the development, Adesina, said: “We are delighted with and welcome S&P Global’s decision to affirm the bank’s AAA/A-1+ rating.

It reflects the bank’s very strong financial position and risk management, as well as our sound governance.

We will continue to maintain these standards, with the strong support of all our shareholders, as we deliver much needed financial, knowledge and policy support to our regional member countries during and after this period of the COVID-19 pandemic.�

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NEWS

Southern Leaders Sue Buhari over Alleged Breach of Federal Character Seek N50bn compensation Alex Enumah in Abuja Some leaders of the Southern region yesterday have filed a suit at the Federal High Court to challenge President Muhammadu Buhari's alleged marginalisation in appointments made by his administration since 2015.

The leaders, in the suit filed on their behalf by 10 Senior Advocates of Nigeria (SANs) led by Chief Solomon Asemota and Chief Mike Ozekhome, are asking the court to fine the president and three other defendants in the suit N50 billion for allegedly violating provisions of the 1999 Constitution(as amended) and the federal character principle.

Those sued alongside the president include the AttorneyGeneral of the Federation (AGF), Clerk of National Assembly and the Federal Character Commission (FCC).

The plaintiffs, led by Chief Edwin Clark, Chief Reuben Fasoranti, Dr. John Nnia Nwodo, Dr. Pogu Bittus, Chief Ayo Adebanjo, Alaowei Bozimo, Mrs. Sarah Doketri, Chief Chukwuemeka Ezeife and Air Commodore Idongesit Nkanga (rtd), accused the Buhari administration of deliberately marginalising the South.

Other plaintiffs in the suit marked FHC/ABJ/ CS/595/2020, are Senator Kofoworola Bucknor-Akerele, Prof. Julie Umukoro, Mr. Stephen Bangoji, Alhaji Tijani Babatunde, Mrs. Rose Obuoforibo, Mr. Adakole Ijogi and Dr. Charles Nwakeaku.

According to them, the present composition of the government of the federation, and most of its agencies, especially as regards the composition of the security and quasi-security agencies, do not reflect the federal character principle.

They added that there is a predominance of persons from a few states and sectional groups in positions of authority and consequently threatening national unity and integration.

Some of the issues brought before the court for determination include whether it was not "reckless and adverse to the interest of Nigeria" for the president to obtain a loan facility from the Islamic Development Bank, African Development Bank, the

World Bank, China, Japan and Germany amounting to $22.7 billion, for infrastructural development, only to allocate the bulk of the fund to the North.

The plaintiffs also want the court to declare that the loan facility purportedly for infrastructural development wherein less than one per cent of the amount is to be allocated to the South-east for specific infrastructural development, violates Section 16 (1) (a) (b) and S16 (2) (a) (b) (c) of the 1999 Constitution (as amended).

In addition, they want the court to declare that the first defendant's procurement of any loan, which would increase Nigeria's outstanding debt by up to 30 per cent of its GDP or which would increase its interest payment above 50 per cent of government revenue is unconstitutional.

Some of the questions they want the court to answer are that: "Whether the power to appoint designated public officers, including permanent secretaries, principal representatives of Nigeria abroad, which is vested in the first defendant has been lawfully exercised by him since the inception of his administration from 2015 till date and whether his actions are in breach of Sections 171(5), 814(3) (4) of the 1999 Constitution (as amended).

"Whether the power to appoint Nigeria’s armed services chiefs, other commanders or top officials of the respective armed forces higher and high commands’ general staff; namely the Chief of Defence Staff (CDS), Chief of Army Staff (COAS), Chief of Naval Staff (CNS) and Chief of Airforce Staff (CAS); the other statutorily established Nigerian national security agencies or services , namely: the Inspector General of the Nigerian Police (1G), the Directors General (DGs) of the Department of State Services (DSS), National Intelligence Agency (NIA) and the Defence Intelligence Agency (DIA); the heads of national security associated federal government (FG) establishments, namely the Nigerian Security and Civil Defence Corps (NSCDC), Economic and Financial Crimes Commission (EFCC), the Nigeria Customs Service, the Nigerian Immigration Services (NIS),

the Nigerian Correctional Services (NCS), the National Emergency Management Authority (NEMA), the National Youth Service Corps (NYSC), the National Security Adviser (NSA), the Ministers of Defence, Interior, Police and the respective national security ministries' permanent secretaries' which is vested in the first defendant's, has been lawfully exercised by the first defendant since the inception of his administration and whether these appointments are in compliance with 81(2), 814(3)(4), 8217(3) of the 1999 Constitution (as amended).

"Whether by virtue of Section 5 of the 1999 Constitution (as amended) which vests the executive arm of government with a constitutional responsibility and obligation to execute and uphold the tenets of the 1999 Constitution (as amended), particularly the country’s national interest, sovereignty and security is not violated by the lopsided nature of the current appointments into federal agencies and parastatals made by the first defendant.

"Whether the first defendant's frequent arbitrary extension/elongation of appointment tenure beyond statutory prescription is not unconstitutional and inimical

to the wellbeing, morale and harmony within the government workforce?

"Whether the first defendant's frequent appointment of retired persons instead of the most senior staff, is unconstitutional and tantamount to an abuse of office and threat to national unity?"

Upon determination of the questions, the plaintiffs prayed the court to declare: "That the present composition of the government of the federation, and most of its agencies especially as regards the composition of its security and quasi-security architecture do not reflect the federal character of Nigeria but rather there is a predominance of persons from a few states and sectional groups dominating the opportunities and threatening national unity and integration.

"A declaration that the various appointments into positions in government, especially into strategic government agencies such as NNPC, NIA and other strategic infrastructural and regulatory institutions are ethnically discriminatory and lopsided and these violate the express provisions of the constitution as contained in Sections 14, 171 (1), 171 (5) of the 1999 Constitution (as amended) and therefore unconstitutional,

illegal and ultra vires.

"A declaration that the country’s security architecture is in substantial, non-compliance, non-conformity and violation of Sections 217 (3), 218(2), 219 of the 1999 Constitution (as amended) and is therefore unconstitutional and ultra vires."

The plaintiffs said if the above questions were answered in the affirmative, the court should grant "An order of perpetual injunction restraining the defendants, whether by themselves, servants, agents and/or privies, howsoever, from further appointing persons from only favoured sections of the country as heads of key government positions and security and quasi-security agencies of Nigeria to the detriment and exclusion of other sections of the country.

"An order of perpetual injunction restraining the defendants, whether by themselves, servants, agents and their privies howsoever, from further violating the Public Service Rules 2008 and Armed Forces Act 2004 by extending tenures of personnel who have reached retirement age in accordance with the law.

"An order directing the first defendant to forthwith revert the lopsided appointments complained about in the security

and quasi-security agencies and immediately take steps to appoint persons from other states and geopolitical zones, in line with the provisions of the 1999 Constitution (as amended) of the Federal Republic of Nigeria, as amended.

"An order directing the first defendant to forthwith reverse the lopsided appointments made in the public service, diplomatic service and other principal representatives of Nigeria abroad.

"An order suspending any further admission of Africans into Nigeria without e-visas, the requisite visas or e-migrant visas, until the adequate border control guidelines, training and bilateral reciprocity and waivers are agreed upon."

Besides, the court was urged to award N50 billion against the defendants to represent punitive, aggravated and exemplary damages to the constituents of the plaintiffs for the illegal, wrongful discriminatory and unconstitutional acts committed by the first defendant against the people of the plaintiffs’ states and geopolitical zones.

However, when the matter came up yesterday, Justice Okon Abang directed Ozekhome, who represented the plaintiffs, to serve the court processes on all the defendants and fixed July 10 for hearing.

ASSESSING THE DAMAGE...

L-R: A trader at Oba Market, Edo State Governor, Mr. Godwin Obaseki, and the state Commissioner of Police, Mr. Johnson Babatunde Kokumo, during the governor's assessment of parts of the market that was razed by ďŹ re, in Benin City... yesterday

Ahmed: FG Reconstituted NBET Board to Stabilise Power Sector Ndubuisi Francis in Abuja The federal government has explained that the reconstitution of the Board of the Nigerian Bulk Electricity Trading Company (NBET) was necessitated by the challenges of the power sector.

It noted that the contractual obligations and guarantees NBET issues and manages are of strategic importance for the repositioning of the sector and delivering of benefits to Nigerians for which the bulk trader was established.

The Minister of Finance, Budget and National Planning, Mrs. Zainab Ahmed, said yesterday in Abuja at the inauguration of the reconstituted board, that the reconstitution

took consideration of the current stage of evolution of the restructured electricity sector, the complexities the sector currently faces, multi-disciplinary skills of prospective board members, especially in finance and investment, electricity generation, system operations of deregulated electricity markets, administrative law, as well as economic regulation of network utilities, among other factors.

She said: "To this end, we are all seated here and it is important that we bring our skills and experiences to bear in this critical assignment."

On understanding the role of NBET, she said: “We have all come to better understand the role of NBET as the manager and administrator

of the electricity pool in the Nigerian Electricity Supply Industry (NESI), and how it buys electricity from the generating companies (GenCos), including Independent Power Producers (IPPs) under Power Purchase Agreements (PPAs), and resells it to the distribution companies (DisCos) via vesting contracts.�

According to her, NBET plays a key role in the generation of market confidence through well-negotiated and wellaligned contracts with fair risk allocation that protects market participants from credit and systemic risks.

Ahmed explained that the bulk trader stands as a de-risking agent in the power industry as it acts as a credit worthy

off-taker of power procured from Gencos in the absence of bi-lateral contracts between Gencos and Discos.

She also stressed the need to build NBET to become that defensive wall against potential payment defaults till Gencos and Discos are able to enter into power purchase agreements on bilateral basis.

The minister added that NBET has to be able to successfully fulfill its role in the management and administration of financial flows in the sector, the promotion of a contractbased market that allocates risks efficiently to parties responsible for them and the formulation of policies for efficient system settlement.

She noted that the “electricity

deregulation is still evolving in Nigeria, and the country is basically learning as the privatised market evolves.

However, we do not have all the time, as the longer it takes, the more costly it is financially for Nigerians and the country at large,� she stated.

President Muhammadu Buhari had recently approved the reconstituted Board of Directors of NBET, whose members are a non-executive director from the Ministry of Power, to be represented by a staff not below the level of a director; Mr. Alexander Ayoola Okoh, as non–executive director from the Bureau of Public Enterprises (80 per cent shareholder in NBET); Ms. Patience Oniha, Director-

General, Debt Management Office (DMO), as non-executive director; and Mr. Ben Akabueze, Director-General, Budget Office of the Federation as non-executive director.

Also appointed are Suleyman Ndanusa, a former DirectorGeneral of the Securities and Exchange Commission (SEC), as non-executive director (Independent); Mustapha Balarabe Shehu, a former President, Nigeria Society of Engineers (NSE), as nonexecutive director (Independent); and Mr. Adeyeye Adepegba, non-executive director (Independent).

NBET Managing Director/ Chief Executive Officer, Dr. Marilyn Amobi, is also on the board.

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PAGE EIGHT COVID-19: FG SEEKS TO CRIMINALISE NON-WEARING OF FACE MASKS as wearing face masks, regular washing of hands and maintaining social distancing.

An update yesterday by the Nigeria Centre for Disease Control (NCDC) showed that Nigeria recorded 675 new cases of COVID-19, bringing to 20,919 the number of confirmed cases in the country.

Of the 675 fresh infections, Lagos recorded 288 new cases, Oyo 76, Rivers 56, Delta 31, Ebonyi 30, Gombe 28, Ondo, Kwara and Kaduna 20 each, Ogun 17, Federal Capital Territory (FCT) 16, Edo 13, Abia 10, Nasarawa and Imo nine each, Bayelsa, Borno and Katsina eight each, Sokoto and Bauchi three each, while Plateau has two cases.

It said: "Nigeria has recorded 20,919 confirmed cases of COVID-19. 7,109 persons have been discharged, while 525 have died."

However, with the widespread violations of COVID-19 regulations by people in many states of the federation, the federal government yesterday called on states to introduce laws that will make the use of face masks mandatory.

Speaking yesterday in Abuja during a briefing by the Presidential Task Force (PTF) on COVID-19, the National Coordinator of the task force, Dr. Sani Aliyu, said criminalising the non-use of face masks had become necessary in view of the laxity of Nigerians to all the protocols introduced to stem the escalation of the pandemic in the country.

Aliyu added that the public only complied with the protocols and guidelines on COVID-19 after the initial two weeks of the lockdown of parts of the country following a spike in the cases of the virus in March.

He, however, said in subsequent weeks, in spite of the exponential rise in number of people infected, many citizens appeared to have become lackadaisical in complying with the regulations.

The national coordinator noted that people were selectively using face masks and cloth coverings to avoid being scolded by security agencies or when challenged to so. ''We are now working with the security agencies and state governments to make the use of face masks in the public mandatory. There is total noncompliance with use of face masks and social distancing.

It is unfortunate that about 70 per cent of Nigerians still believe that COVID-19 is not an issue. We are not taking

this issue seriously enough. On social media platforms, people still talk of conspiracy theory in reference to COVID-19. We must accept that COVID-19 is with us; we need to fight it and must work with state governors to take measures to protect citizens,'' Aliyu said, adding that Nigerians must take measures to avoid contracting the disease.

Also speaking the Chairman of PTF, Mr. Boss Mustapha, debunked the notion of a conspiracy theory about the virus.

He said at this stage of the ravaging effect of the virus in the country, he was at a loss what purpose a conspiracy theory would serve.

He added that continued denial, blame game and conspiracy theory would not help the efforts to curb the spread of the pandemic. ''I don't know what purpose a conspiracy will serve. The figures of infections and fatalities we have in Nigeria are just statistics. You can place the death of somebody you know, so conspiracy theories are abstract - the reality of the situation is that COVID-19 is real.

"I have a colleague (Abba Kyari) who was instrumental to my appointment as the Chairman of the PTF. Kyari nominated me as the man best suited to lead this response.

Do I need conspiracy theory to tell me that it is real? ''I have lost a personal friend, a classmate of over 45 years, a chief judge of a state, who fell victim of COVID-19. I have buried people in the community. I don’t need any conspiracy theory," he stated.

FG: No State is COVID19-free The Nigeria Centre for Disease Control (NCDC) has said that no state in the country can claim to be COVID-19 free.

It explained that the only way states and countries across the world can be COVID-19 free is when a vaccine to effectively fight the virus is discovered.

NCDC Director General, Dr. Chikwe Ihekweazu, at the press conference yesterday, urged states to intensify their efforts on strict compliance with preventive measures.

He said: “Concerning some states declaring themselves COVID-19 free because they were discharging patients, I will like to say no single state in Nigeria is COVID-19 free, not one. “No country in the world is COVID-19 free. Even New Zealand that is an island state

is still having new cases after a period of not having any.

We can’t separate ourselves from the rest of the country because we live in a context and viruses spread. “That is why prevention is very important; if you can’t prevent, then you must detect.

It is that detection that we call lab testing, and that is why we have to scale our lab test. “We can only start talking about any state or community being disease-free when we have an effective tool to fight that disease. “That will come when we have a vaccine. Until then, there is no easy way to say this. “We have to keep pushing on these preventive measures and we have to develop our laboratory capacity to test. “I think there are six or seven states in the country that do not have a testing facility yet; there are some that are in progress using the GeneXpert technology. By next week, we will be able to say that the country is covered. “The challenge will now be about how to convey the samples from one part of the state to the other depending on how big the state is. We want to make sure we have testing capabilities in every state in Nigeria.�

FG Strives to Keep Case Fatality Ratio Low Nigeria is currently implementing a twin-strategy of halting the spread of COVID-19 infection and curtailing its fatality rate on citizens.

Ihekweazu said the country had higher COVID-19 fatality ratio than Ghana and South Africa when viewed in global terms.

"Despite being relatively low, our fatality ratio is still higher than countries like Ghana and South Africa when considered in global terms," he said.

With regards to COVID-19 laboratory testing turnaround, Ihekweazu said the centre could now deliver results within 36 hours.

According to him, at present no state in the country is without a COVID-19 case.

Nigeria Receives Medical Supplies from UN, EU Also at the briefing, the Minister of Health, Dr. Osagie Ehanire, said Nigeria received a large consignment of medical supply on Saturday.

He said the medical supply was the first of a series of deliveries from the UN Group and the European Union.

"The donation is made up of a large number of various

categories of personal protective equipment (PPE) and 547 oxygen concentrators, courtesy of the WHO, which our experience in Nigeria shows, are much more in use than ventilators," he said.

He added that the consignment was handed over to the ministry by the Resident Coordinator of the UN in Nigeria, Mr. Edward Kallon.

Ghana Orders Arrest of Attackers of Nigerian Embassy Speaking at the PTF briefing, the Minister of Foreign Affairs, Mr. Geoffrey Onyeama, said the President of Ghana, Nana Akufo-Addo, had ordered the immediate arrest of those responsible for the attack and destruction of property at the Nigerian Embassy in Accra, Ghana.

The minister who described the attack on the Nigerian Embassy as unjustified, said it violated the principles of the Vienna Convention, which defines diplomatic relations between countries.

He said the directive by Akufo-Addo was communicated to the federal government yesterday by Ghana's Foreign Affairs Minister, Shirley Ayorkor Botchway, after Nigeria lodged a protest over the attack on its embassy with Ghana.

He said the federal government engaged with the Ghanaian highest authority on the matter yesterday at a meeting between the embassy officials and Botchway in Accra, where they registered their displeasure with the attack. ''And the message that I received directly from the Minister of Foreign Affairs from Ghana was that it will be settled and that President Akuffo-Ado has directed that very severe action to be taken against those responsible for that, including immediate arrest,'' Onyeama added.

He also added that a nonstate actor was involved in the attack, where a building in the embassy was vandalised, adding that the attack was not sanctioned by the host government. ''The foreign minister went today with the officers of the Nigerian High Commission to the land registry because it appears that there were some people claiming they had legitimate title for that piece of land. ''The Ghanaian authority will be coming out with a definitive statement- so we have to wait to hear officially and formally from them. We

have registered our complaints and they have acknowledged and have apologised for what happened. We await their full report before we can make a full statement and take further action. We hope to receive that tonight (Monday), so tomorrow (today) we can make a statement,'' Onyeama said.

It’s Insensitive to Reopen Schools, FG Insists At the PTF briefing, the Minister of State for Education, Mr. Chukwuemeka Nwajiuba, said it would be insensitive for states to reopen schools now.

He was responding to a question on the decision of the Oyo State Government to allow schools resume.

The state government had announced that primary six pupils and students in junior and senior secondary schools three would resume on June 29.

But Nwajiuba said such decision contradicted the federal government’s position on the resumption of schools. “The Ministry of Education did not give any guideline to Oyo State to reopen schools.

We also think that that is a little bit contradictory. “However, Oyo State, like all other sub-nationals, has a governor and under our constitution, governors are responsible for their states. “But you must appreciate that the primary purpose of government is the security of its citizens. Security is not only when people start shooting guns at you; public health is key and primary in security delivery. “And that’s why we are extremely cautious in making any pronouncement around this because the education sector owns the largest number of infrastructure in the country. “For you to even begin to decide to unroll and unleash this in the public in the face of a pandemic, is, to be the very least, insensitive,� he added.

NCAA to Submit Flight Resumption Plan to PTF Tomorrow Also at the briefing, the Director General of the Nigerian Civil Aviation Authority (NCAA), Captain Musa Nuhu, said the agency would submit flight resumption plan tomorrow to the task force .

Nuhu said the NCAA reached a decision on the matter after a meeting with industry stakeholders last weekend.

Speaking about the level of preparedness, the Chairman of the NCAA COVID-19

Committee, Mr. Godwin Balang, identified the guidelines and control measures employed by NCAA to work towards the restart of the industry. “We have to develop the guidelines on uncharted ground, which includes issuing regulations in compliance with the International Civil Aviation Organisation (ICAO) Standard and Recommended Practices (SARPs); issuing guidelines to aviation industry and approve restart of aviation industry in totality or at individual level,� he said.

Balang explained that restart and recovery guidelines are based on 10 key principles, which include protecting people in harmonised but flexible measures; working as one aviation team and showing solidarity; ensuring essential connectivity; actively managing safety, security and health-related risks.

Others include to make aviation public health measures work with aviation safety and security systems; strengthen public confidence; distinguish restart from recovery; support financial relief strategies to help the aviation industry; ensure sustainability and learn lessons to improve resilience.

Balang also gave the level of readiness by different divisions of the industry such as airlines, air navigation provider, ground handlers, meteorologists and others.

According to him, the Nigerian Airspace Management Agency (NAMA) is 80 per cent ready; airlines (domestic) are 70 per cent ready; the Nigerian Meteorological Agency (NIMET) is also ready and domestic airports at 57 per cent.

UK Procures ÂŁ661,000 PCR Machine for NCDC Meanwhile, the United Kingdom (UK) has said that it has procured new Polymerase Chain Reaction (PCR) machine worth ÂŁ661,000 for NCDC to speed up testing its capacity.

It said the PCR machine was procured using some UKAid funding committed to the Nigeria branch of the World Health Organisation by the British Government, to support the Nigeria’s efforts at stopping the spread of COVID-19 in the country.

The UK mission in Abuja in a statement issued yesterday, said the PCR machine, which is the most accurate laboratory method for detecting, tracking and studying coronavirus, would enhance the NCDC’s testing capabilities in Nigeria, while also increasing the nation’s capacity to carry out at least 3,000 tests per day.

WITH A FRIEND LIKE WIKE, OBASEKI MEETS HIS PDP’S WATERLOO; ALMOST by the Port Harcourt court from parading himself as the APC's acting national chairman, in an extension of the supremacy battle between Wike and Amaechi, that has now spilled over to Edo State where Obaseki was counting on the same Wike - a sworn political foe of his key supporter, Amaechi, - to assist him secure the PDP ticket.

And then, there is the suspicion by the PDP apparatchik that Obaseki's deal with APC governors is to return to the party after he wins the Edo governorship election on PDP's platform.

As the intrigues continue, the Port Harcourt court, ruling on a suit filed by the leading PDP governorship aspirant in Edo State, Omoregie Ogbeide-Ihama -an ally of Wike -restrained Obaseki from participating in the PDP's primary pending the determination of the suit.

The ruling of the Federal

High Court, sitting in Port Harcourt, came the same day another aspirant, Mr. Gideon Ikhine, stepped down for Obaseki.

Obaseki, who just defected to the party from the APC, was screened last week by the PDP Screening Committee.

He had earlier been granted waiver by the party after his defection from the APC. The suit has the National Chairman of the PDP, Prince Uche Secondus, as the first defendant.

Other defendants are Emmanuel Ogidi, Kingsley Chinda, Debekeme, James Manager, Ajibola Muraina, the PDP, Obaseki and the Independent National Electoral Commission (INEC) as second to ninth defendants respectively.

Ogbeide-Ihama, through his lawyers, Mr. Donald Denwigwe (SAN) and Chief F. Orbih, SAN, and leader of PDP in Edo State, had asked the court to stop

Obaseki because his defection to the party, a few days to the primary, was unreasonable and aimed at destabilising other aspirants.

The court, presided over

by Justice E. A. Obile, after listening to the submission of Denwigwe and Orbih, ordered the defendants not to allow Obaseki or any member or nonmember of the party other than those that have purchased forms and were screened within the time stated in the timetable to contest for Thursday's primary.

The judge also ordered that order and other processes be served on Secondus, Ogidi and Chinda by substituted means at their residences in Port Harcourt.

The order and other processes are also to be served on the PDP at its national headquarters in Abuja and Obaseki at the Government House in BeninCity.

The court adjourned till

tomorrow ( Wednesday) on the eve of the primary election to hear the motion on notice.

PDP Aspirant Steps down for Obaseki Earlier, the aspiration of Obaseki to emerge as the governorship candidate of the PDP in Edo State had received a boost as one of the three aspirants in the race stepped down for him.

Also, in an apparent need to accommodate the Deputy Governor of Ondo State, Mr. Ajayi Agboola, who defected to the PDP on Sunday, the main opposition party has extended the sale of nomination forms for the Ondo State governorship election.

However, to ensure a rancourfree primary in Edo State, PDP leaders have mounted pressure on another aspirant, Mr. Kenneth Imasuagbon, to step down for the governor.

Ikhine, who declared support for the governor at his campaign office in Benin City yesterday, noted that his decision was to allow the governor consolidate on his developmental strides in the state.

According to him, “Governor Godwin Obaseki is a prayeranswered for the PDP. We might have a common vision but the means of achieving them may be at variance but God has brought them to reality.�

Urging his supporters to support the re-election of the governor, Ikhine said: “We want to ask for your support and to ensure that everyone that has worked with us across the state redoubles their efforts in ensuring that the margin of victory between the PDP and the opposition is wide.�

Obaseki reassured the PDP that his administration will continue to prioritise the Continued on page 9

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9

TUESDAY, ÍşÍťËœ ͺ͸ͺ͸ Ëž T H I S D AY

NEWS APC GOVERNORS MEET BUHARI, IZE-IYAMU EMERGES PARTY’S CANDIDATE fallout of the internecine conflict between him and Edo State Governor, Mr. Godwin Obaseki, which dragged on for over a year and culminated in the governor's disqualification from the party's primary to pick its candidate for the September governorship election in the state.

Oshiomhole's suspension triggered a bitter power-grab rivalry among contending forces in the party, leading to the emergence of three acting chairmen for the party in less than 24 hours of the suspension.

The party's National Working Committee (NWC) met a few hours after Oshiomhole's suspension and picked one of his zonal deputies, Senator Abiola Ajimobi, as the acting national chairman.

However, the next day, APC Deputy National Secretary, Chief Victor Giadom, riding on an earlier order of the Federal Capital Territory (FCT) High Court, declared himself as the acting national chairman.

With Ajimobi in hospital, where he is receiving treatment for contracting COVID-19, the NWC, in line with the party's constitution, asked the National Vice Chairman (South-south), Chief Hilliard Eta, to act instead.

Concerned members of the APC also yesterday stormed the national secretariat of the party in Abuja, demanding the dissolution of the NWC. However, amid the wrangling over the party's leadership, the APC governors met Buhari, a day after Senate President, Dr. Lawan Ahmad, discuss the party’s crisis, among others with him, to intervene.

They advocated the necessity for relevant party organs to meet to resolve the festering crisis.

The governors dropped the hint after the Chairman of the Progressive Governors' Forum and the governor of Kebbi State, Senator Abubakar Bagudu along with the Chairman of Northern Governors' Forum, Mr. Simon Lalong, and the Governor of Jigawa State, Alhaji Abubakar Badaru, met with Buhari in the State House over the party crisis.

Briefing State House reporters after yesterday’s meeting with the president, Bagudu said everything that should be done to resolve the crisis, including calling a meeting of party organs, would be done.

According to him, a meeting of the party's organ, which may be the National Executive Committee (NEC), needs to be convened as a matter of urgency to promptly resolve the crisis.

"I believe that whatever needs to be done, including the possibility of calling any of the organs of the party that is necessary for the resolution of lingering issues, will be done immediately. Let me again say that the party is never a perfect assembly. There will always be issues and that is why we talk; but yes certainly, organs

of the party needs to meet and Mr. President, without directing, is always supporting the necessity of party organs meeting appropriately," he stated.

Bagudu, who said they presented the position of APC governors on the crisis to the president, explained that he listened to them and also informed them about briefings he had received about the crisis.

According to the governor, the president assured them that the crisis bedeviling the party would soon be resolved.

He added that they also told the president that the governors would support every step aimed at unifying the party and resolving its crisis.

"The reason for our visit is to discuss with him as our party leader as the leader that millions of Nigerians trust, to discuss party issues and the position of the progressive governors to support all steps to unify and bring about peaceful resolution in our party, the All Progressives Congress, and Mr. President listened attentively and discussed with us as a father, as a party leader and he gave us all the assurance we needed to know that resolution of contentious issues will soon be arrived at," he added.

On the frequent twists to the crisis, especially the suspension yesterday, by Rivers State chapter of APC, of Wogu Boms, who was chosen to replace Giadom, earlier sacked by the court, as well as the protest which rocked the national secretariat of the party in Abuja yesterday, Bagudu said the developments only portrayed APC as a party that provides the platform for people to express their views.

According to him, APC is a party which believes in dialogue, and following Buhari's belief in adherence to constitutional provisions, the party will continue to follow due process in all its actions.

"I think our party, the All Progressives Congress, is a party that believes in dialogue and contentious issues arise when you are dialoguing and we will recall that because of the sanctity which President Buhari attaches to constitutionalism, we held our national convention literally at the same time we are holding primaries because Mr. President has always said that we told Nigerians that our party is going to be a party of due process and we will do that no matter the challenge of the moment.

"So, young people expressing their views by demonstrating, members of the party challenging court processes show that the people are free to express their views, and dissent is not to be suppressed. What is important is that all will be taken on board in arriving at a conclusion that will be to the satisfaction of most party members and indeed Nigerians," he said.

Ize-Iyamu Emerges Edo APC Candidate The much-awaited shadow poll to pick APC governorship candidate in the forthcoming election in Edo State turned out to be a coronation for a former Secretary to the State Government (SSG), Mr. Osagie Ize-Iyamu, who trounced two others to win the primary.

Ize-Iyamu won with 27,838 votes to beat a former Deputy Governor, Dr. Pius Odubu, and Mr. Osaro Obaze with 3,776 votes and 2,324 votes. respectively.

Announcing the results submitted by the 18 local government returning officers who described the exercise as peaceful, and transparent, the Chairman of the Edo APC Governorship Primary Committee and Governor of Imo State, Senator Hope Uzodimma, said with the results, Ize-Iyamu would fly the party's flag in the governorship election slated for September 19.

He said: "Pastor Osagie Ize-Iyamu, having scored the highest number of votes cast, is hereby returned as the candidate of APC in the Edo State primary election."

Uzodinma noted that three aspirants were cleared to contest the primary, adding that before the primary, words got to the committee that two of the aspirants had withdrawn, "but in line with the Electoral Act as amended, we decided to go on with the primary election.

"I like to commend the security agencies for the peaceful environment and officials of INEC for observing the most peaceful and clinicallyconducted election."

"Dr. Odubu and Hon. Obaze earlier stepped down, but their names remained on the ballot papers. Despite the heavy rain, we insisted that the election must go on and APC members came out in their numbers. We observed the COVID-19 regulations and the people voted in batches of 18 persons, in order not to exceed the maximum of 20 persons. The election was very transparent, free and fair.

Now, we have a candidate.

"Edo State belongs to APC. I am a member of APC. I am committed to my party. I will do everything to encourage Edo people to vote for APC. So that a few weeks from now, we will recover Edo State back to APC," he added.

Addressing journalists shortly after he was declared winner of the primary, Ize-Iyamu, gave glory to God for making the exercise possible devoid of any incident of violence in the 192 wards and in compliance with COVID-19 regulations.

Protesters Seek Dissolution of NWC Concerned members of the APC yesterday marched on the national secretariat of the

party in Abuja, demanding the dissolution of the NWC of the party.

Its Convener, Mr. Okpokwu Ogenyi, while addressing journalists in Abuja on behalf of the protesters, said the successes of the party in the 2015 general election was allegedly being wasted daily by managers of the party.

The protesters were armed with placards with inscriptions like: 'The current NWC had destroyed our party'; 'Our NWC is a disgrace'; 'NWC has failed us', we want it dissolved; the confusion is in the NWC,’ ‘We Want it Dissolved,’ ‘Concerned APC members says APC NWC must go', among others.

Ogenyi added that the NWC has caused the party to lose seven states to the opposition, adding that APC had 24 governors before the present NWC, but now the party has 18.

He said on Sunday, the Deputy Governor of Ondo State, Agboola Ajayi, left the ruling party to join the PDP, asking if the party was making progress or retrogressing.

Ogenyi stated: "Today, we have four individuals who are members of the National Working Committee parading themselves as acting national chairmen of our party; what a dance of shame! We are being ridiculed on daily bases. The same NWC caused the party not to feature candidates in Zamfara and Rivers States in the 2019 general elections.

"We are calling on the highest decision making body, the National Executive Committee (NEC) of our great party, to immediately call for NEC meeting and dissolve the National Working Committee with immediate effect."

Giadom Writes INEC Not Recognise Edo Primary However, there seems to be no end in sight to the crisis rocking the ruling APC, as Giadom, a claimant to the acting national chairmanship of the party, has written the Independent National Electoral Commission (INEC) not to recognise any governorship primary in Edo State.

Giadom in a letter dated June 18, but received and acknowledged by the commission yesterday, stated that he had not authorised and constituted any committee for Edo State governorship primary.

In the letter, which was copied to security agencies, Giadom said he had been informed that some persons had perfected plan to conduct primary in Edo State under the purported chairmanship of Uzodimma.

"Kindly note that as Acting National Chairman of our party, l did not authorise such a committee, neither have l inaugurated one. The earlier announced date for the primaries, that is June 22, 2020 has been postponed. You

are therefore advised not to give any support to any such committee or to monitor any such primaries. A new date for the primaries would be communicated to you soonest.

We regret the inconvenience this might cause your commission," the letter read in part.

However, while Giadom is still laying claims to the national chairmanship of the party, the APC NWC yesterday inaugurated Mr. Wogu Boms to take over as its acting deputy national secretary.

Wogu was inaugurated at the national secretariat of the party yesterday by another acting factional National Chairman of the party, Mr. Hilliard Eta. Boms was nominated from Rivers State to replace Giadom.

APC Not Bothered by Giadom's Letter, Says Spokesman Reacting to Giadom’s letter to INEC, the National Publicity Secretary of APC, Mallam Lanre Issa-Onilu, said the ruling party would not lose sleep over it.

Issa-Onilu while reacting to the letter in a telephone interview with THISDAY, wondered why the party would be bothered by a letter written by "a former member of the National Working Committee (NWC)" of the party.

He stated: "INEC knows what to do; INEC is not lawless; INEC was there to monitor the primaries today (Monday)."

Rivers APC Faction Suspends Igo Aguma as Chairman

and disrespect to the said judgment, constituted himself into a sole administrator, relegating, abandoning and disregarding majority of the Statutory Members of the State Executive Committee and taking critical decisions that affect the party all by himself."

He also said Aguma did not have the powers to remove Giadom from office as a national officer of the party or from being a member of the party, or to nominate Boms as Giadom's replacement.

He added that the court did not ask Aguma to become a sole administrator of the party and he had worsened the crisis in the party instead of solving it.

Uchendu said majority members of the state executive of the party, in a meeting yesterday, resolved: "That Hon. Igochukwu Aguma is hereby suspended as Chairman of the Caretaker Committee of the APC, Rivers State chapter.

"That Hon. Sokonte Davies has been selected by majority vote at this meeting to lead the Caretaker Committee of the APC, Rivers State chapter pending the conduct of fresh congresses to fill the vacant positions in the organs of the party at all levels."

However, Aguma denied all allegations against him and said the suspension was of no effect.

A statement by Aguma's Media Adviser, Mr. Livingstone Wechie, said: "The Chairman, Hon. Igo Aguma denies all allegations in the purported press statements and renews his call for all party men and women to close ranks and join him to restore peace in the party."

The crisis in the Rivers State chapter of the party has continued unabated as some statutory members of the state executive of the party has announced the suspension of the acting State Chairman, Hon. Igo Aguma.

The faction also rejected the suspension and removal from office of Giadom.

Aguma became chairman of the party through a judgment of state High Court presided over by Justice George Omereji in a suit he instituted against the party challenging the composition of the caretaker committee appointed for the state.

Addressing a press conference in Port-Harcourt yesterday, some statutory members of the state executive of the party, led by Senator Andrew Uchendu, announced the suspension of Aguma for acting against the judgment of the court and for activities.

Uchendu also dissociated the group from the suspension of Giadom by Aguma, saying that it was a unilateral decision of the interim chairman.

Uchendu said: "Upon obtaining judgment at the High Court of Rivers State in Suit Number PHC/4355/2019, Hon. Igochukwu Aguma, in violent disobedience, disregard

Reacting to the emergence of Ize-Iyamu as the APC governorship candidate, the PDP said he was no match for any of its aspirants for the position.

The PDP noted that since Ize-Iyamu emerged through what it described as a crude governorship primary, the people of Edo State had written off the APC. According to the National Publicity Secretary of PDP, Mr. Kola Ologbondiyan, "already, on the streets of Edo State, Ize-Iyamu has become the new lexicon for APC’s crude attempt to suppress and lord it over the people of Edo State."

PDP added that APC would be roundly defeated in the September election, adding that going by the figures announced from the direct primary, which the APC conducted to produce Ize-Iyamu, it is clear that the totality of the members of the APC in Edo State is far below 40,000, in a state where the membership and support base of the PDP is above three million.

since Obaseki would be completing his eight years in office by 2024, it would be expedient for the governorship slot to be zoned exclusively to Edo Central.

Meanwhile, in an apparent need to accommodate the deputy governor of Ondo State who just defected to the party, the PDP has extended the sale of nomination forms for the state governorship election.

The party extended the last day for the sale of the nomination forms from the earlier date of June 22 to June 24.

According to a statement signed by the National Publicity Secretary of the

party, Kola Ologbondiyan, other timeframes related to the nomination processes for the Ondo State governorship election remain as earlier announced.

PDP said all leaders, governorship aspirants, critical stakeholders and members of the party in Ondo State should be guided accordingly.

The number of those eyeing the party's ticket grew yesterday as a former Commissioner in Ondo State, Mr. Olusola Ebiseni, threw his hat into the ring.

He promised to make use of the opportunity of the natural resources in the state to transform it, if elected.

Ize-Iyamu No Match to Any of Our Aspirants, Says PDP

WITH A FRIEND LIKE WIKE, OBASEKI MEETS HIS PDP’S WATERLOO; ALMOST welfare and wellbeing of all Edo people.

He said: “PDP is Edo and Edo is PDP. Together, we shall bring Edo to where God has destined it to be. “Governance has to be about the people, not about a few individuals. It has to be about translating the norm and the new value where we say white is white and black is black. We have to rebuild our great party; if PDP were not in the state, l may not have switched to PDP. “Today is the beginning of a new dawn in our party. What we are doing is a merger. What one person was doing before, two persons will now be doing the same thing. The victory

will be for us all. “Therefore, everyone must have a space in the party. We want to build a party that is fair and democratic, where every group in Edo State will see that there is something in the party. I want to build a party that is based on fairness, equity and justice.�

It was, however, learnt that barring any further changes, one of the two remaining aspirants or both of them might eventually step down for Obaseki to emerge the consensus governorship candidate for the PDP in the September 19 election.

According to a source who was privy to the series of

negotiations with the aspirants, Imasuagbon may also step down today following pressure from party elders.

THISDAY gathered that Imasuagbon had a long meeting with the PDP leaders, who prevailed on him to step down in the general interest of the party.

However, the third but leading aspirant, OgbeideIhama, who hails from the same senatorial zone as Obaseki, has refused to step down for the governor.

But a source said party leaders led by PDP Governors including Ifeanyi Okowa of Delta State and Aminu Tambuwal of Sokoto State

and Chair of PDP Governors Forum , had intensified efforts to persuade him to do so in the overall interest of the party.

The source told THISDAY that the sentiment being canvassed is that Edo State is a PDP State and that the aspirants should not be seen as obstacle against the party regaining power in the September 19 governorship election.

According to the source, Imasuagbon will within the next 24 hours make the consultation with his supporters and other stakeholders in his campaign and reach a decision thereafter.

The source explained that

TUESDAY JUNE 23, 2020 ˾ T H I S D AY

10

NEWS

Insurgency: Buratai Orders War Commanders to Implement Buhari’s Directive Kingsley Nwezeh in Abuja The Chief of Army Staff, Lt. General Tukur Buratai, yesterday gave marching orders to war commanders in the North-east to enforce President Muhammadu

Buhari’s directive to reverse the security situation in the region and other parts of the country.

He said all commanders must be at the battlefield to lead their men from the front and not from their headquarters.

Buhari Rallies Support for Victims as Midnight Fire Razes Benin Market Omololu Ogunmade in Abuja and Adibe Emenyonu in Benin-city President Muhammadu Buhari last night told local and federal authorities to assist victims of the fire incident in Oba Market, Benin, Edo State.

“Our thoughts and prayers are with those who lost their shops and wares,’ Buhari said.

Senior Special Assistant to the President on Media and Publicity, Malam Garba Shehu, in a statement, said the president also called for investigation into the cause of the inferno to avoid a repeat of the “horrific’’ situation in future, and condoled with all victims of the incident.

The famous Oba Market was yesterday gutted by fire. The fire,

which was said to have started in the midnight of yesterday, affected mostly the areas where wears are sold.

The Oba Market fire is the forth in the series of markets in the city razed by fire.

Other market like Spare Parts Market at Uwelu; Santana Market, Ekiosa Market and now the Oba Market have experienced such ugly incident.

This is coming three days after the sellers relocated to the market due to the COVID-19 pandemic.

According to media report, the fire which began at about 12 midnight raged till about 6 a.m. before fire service from the state and Asaba, Delta State, in conjunction with the NPDC and Nigeria Air Force fire services brought the situation under control.

EFCC Rearrests John Yusuf over N32.8bn Pension Fraud Kingsley Nwezeh in Abuja Operatives of the Economic and Financial Crimes Commission (EFCC), yesterday rearrested a former Assistant Director in the Federal Civil Service, Mr. John Yakubu Yusuf.

Yusuf has been on the run since 2018 after the Court of Appeal, Abuja Division, sentenced him to six years imprisonment and a fine of N22.9billion, for conniving with five other suspects to steal N32.8billion police pension fund.

This is coming as the United States Federal Bureau of Investigation (FBI), has commended the EFCC for offering assistance to it in the investigation and prosecution of six Nigerians involved in Business Email Compromise( BEC) and wire fraud in the United States of America.

Following his rearrest, Justice Baba Yusuf of the FCT High Court yesterday, June 22, 2020, issued a remand order that will enable him serve his six years’ jail term in Kuje Correctional Service, Abuja.

Yusuf is one of the six federal civil servants facing prosecution for allegedly stealing N32.8billion police pension fund.

He was initially convicted and sentenced to two years imprisonment with an option of fine of N750, 000.00 by a Federal Capital Territory High Court presided over by Justice Abubakar Talba, in a plea-bargain arrangement.

The conviction, considered to be a slap on the wrist, sparked national and international outrage.

The EFCC, dissatisfied with the judgment of the trial court, approached the appellate court to set aside the judgment.

Ruling on the substantive matter, the Justices of the Court of Appeal held unanimously that the three counts involving Yusuf (Counts 17, 18 and 19) clearly stated the amounts he converted for his personal use.

He pleaded guilty to the three counts and thereby admitted to the conversion of an aggregate sum of about N24billion to his personal use.

The court stressed that the sentence of the trial court, did not serve as deterrence to both the convict and others.

Consequently, the justices ruled that the sentence is “hereby quashed and deserves to be reviewed as follows: on Counts 17, the Respondent is hereby sentenced to two years imprisonment with an addition of fine of N20billion on Counts 18, the respondent is hereby sentenced to two years imprisonment with an addition of fine of N1.4billion Naira; on counts 19, the respondent is hereby sentenced to two years imprisonment with an addition of fine of 1.5billion Naira.

The sentence of imprisonment is to run consecutively and the fine is to be cumulative.

Meanwhile, the FBI, has commended the EFCC for offering assistance to it in the investigation and prosecution of six Nigerians involved in Business Email Compromise( BEC) and wire fraud in the United States of America.

United States Attorney, Joe Kelly and Special FBI Agent, Kristi Johnson, in a statement made available to the EFCC, commended the commission for its “past and continued assistance in pursuing those that engage in Business Email Compromise and other fraud schemes.”

President Buhari had last week reprimanded the service chiefs for the poor handling of the war against insurgency, which has led to degeneration of the security situation in the country.

Buhari, at a meeting, told the service chiefs that “their best was not good enough” and demanded an immediate reversal of the insecurity ravaging the country.

Speaking yesterday at a meeting with principal staff officers, General Officers Commanding (GOCs) and field commanders, Buratai said the meeting was a time for action, a time to change the war narrative and a wake-up call.

“Gentlemen, the President, Commander-in Chief of the Armed

Forces, President Muhammadu Buhari has renewed his call and desire to end the insecurity in our country.

“We must heed the call and get it right as quickly as possible”, he said.

Buratai declared that “the charge given to us by the C-in-C to redouble our efforts must be fully implemented. We must end this madness going on in some parts of the country. These criminals and their sponsors and their collaborators, both known and unknown must be flushed out and destroyed”.

He further charged the war commanders that: “All hands must be on deck; all commanders

must be out in the field and on the ground to lead their men from the front. No commander will sit in his headquarters; everyone will be out and about.

“I want to see an allencompassing positive change in our operations and security situation in the country. We must all get to work immediately. There is no time for complacency, no time for excuses and there will be no tolerance for shortcomings and failures”.

The meeting discussed wideranging security matters, the state of the counter terrorism and other internal security operations in Nigeria and the necessity for commanders,

officers and men to redouble their efforts and ensure that all security threats in the country are effectively checkmated.

He further stated that the Nigerian Army had commenced major reorganisation of her operations for optimal performances. He charged all Ccmmanders to lead the charge by being out in the field to effectively oversee the operations.

At the end of the Conference, one of the key decisions taken was to shift the location for Nigerian Army Day Celebration 2020 to Katsina State during which a major army exercise tagged “Ex Sahel Sanity” would be conducted.

MAINTAINING SOCIAL DISTANCE...

Members of All Progressives Congress (APC), waiting to vote at the party’s primary election in Benin, Edo State...yesterday ADIBE EMENYONU

CUPP Spokesperson, Ugochinyere Released from Police Detention Udora Orizu in Abuja The Nigeria Police yesterday released the spokesperson of the Coalition of United Political Parties (CUPP), Mr. Ikenga Ugochinyere, following a court order.

Ugochinyere who was arrested last Thursday, had through his lawyer, Mr. Chibuzor Ezike, in an exparte motion dated June 19,

2020 prayed for an order for his unconditional release.

Justice Musa Ottoman, sitting in the Bwari division of the Federal Capital Territory High Court in Abuja yesterday granted Ugochinyere’s release and also reinforced the first order by restraining the police from arresting him again.

Addressing journalists soon

after he was released, the CUPP spokesperson expressed gratitude to everyone who campaigned for his release, saying that any efforts to silence the opposition will not work.

He said, ‘’I want to thank all the soldiers of rule of law. Those who believe that truth, accountability are sacrosanct. I dedicate this freedom to Nigerian judiciary,

for showing that every man is equal before the law and will get free treatment no matter who he or she is. I salute the media for letting our voices to be heard. I salute the political activist, social crusaders, former PDP presidential candidate, Alhaji Atiku Abubakar, the former Senate President, Dr. Bukola Saraki. I thank them for speaking out.’’

Judge’s Absence Stalls Trial of Alleged Kidnap Kingpin, Wadume Alex Enumah in Abuja The trial of the alleged Taraba State kidnap kingpin, Mr. Bala Hamisu, popularly called Wadume before the Abuja Division of the Federal High Court, was yesterday stalled following the absence of the trial judge, Justice Binta Nyako.

The trial scheduled for June 22 could not go on despite the

presence of the defendants in court.

Wadume alongside six other co-defendants are standing trial on a 13-count amended criminal charge bordering on terrorism, kidnapping, and collection of a ransom of N106million, among others.

Justice Nyako had on June 8, 2020 adjourned to yesterday for commencement of trial shortly

after the defendants were arraigned after several failed efforts.

Wadume was arrested by the police in August last year over acts relating to kidnapping.

His arrest earlier led to the killing of three policemen and a civilian in Taraba State with some military officers accused of aiding him.

However, attempts by the police to arraign the defendants since February this year was not successful until the AGF took over prosecution.

The difficulty was blamed on alleged refusal of the military authorities to release other defendants who are military personnel in the 16-count criminal charge.

Police Parade Ex-convict for Impersonating Abba Kyari’s Widow The Police in Abuja yesterday paraded a 58-year-old man, Mr. Aminu Ado, for impersonating the widow of the late Chief of Staff to the President, Mallam Abba Kyari, in a bid to dupe unsuspecting Nigerians.

Ado, an ex-convict, who claimed to be a politician, said he was trying to raise money to organise prayers for the departed official.

Parading the suspect also

known as Al Amin Yerima, in Abuja yesterday, the Force Public Relations Officer, DCP Frank Mba, said Ado reached out to prominent Nigerians for donations to enable him to organise “special prayers for the soul of the departed”.

The police disclosed that the suspect had a mobile app that he used in disguising his voice in order to hoodwink his victims.

Mba said, “In the course of doing that, some of the prominent

Nigerians became suspicious and reached out to us. He has been cooperative with the investigation and held back no facts.

“He is 58 years old; he also had a stint with the Economic and Financial Crimes Commission (EFCC) in 2019. He was charged before an Abuja High Court and was convicted and imprisoned for three months as a result of the plea bargain successfully initiated by his lawyers.”

Ado claimed he was a family friend to the deceased, but could not explain why he pretended to be a woman to solicit assistance.

The suspect admitted he acted without the consent of the family.

The suspect said, “Some of the people I contacted for money included the Governor of Plateau State, Simon Lalong; the Speaker of the House of Representatives, Femi Gbajabiamila; and the Minister of Information, Lai Mohammed.

TUESDAY JUNE 23, 2020 ˾ T H I S D AY

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NEWS

Court Stops House from Probing PDP Caucus The Federal High Court in Abuja yesterday ordered the House of Representatives; its Speaker, Femi Gbajabiamila, and others from continuing a probe of leaders of the Peoples Democratic Party (PDP) caucus over their last year’s statements on the presidential election appeal at the Supreme Court and Kogi State governorship election.

Justice Inynag Ekwo, in a judgment delivered on the suit filed by the PDP caucus leaders, held that the probe was unconstitutional as it was a violation of their rights to freedom of expression, and

Abiodun Appoints Head of Service Governor Dapo Abiodun of Ogun State has appointed Alhaja Selimot Olapeju Ottun as the new Head of Service in the state.

This was contained in a statement issued in Abeokuta yesterday by the Chief Press Secretary to the Governor, Mr. Kunle Somorin.

The former Head of Service, Amope Ajibola Chokor, bowed out of the public service of the state at the weekend.

According to the statement, Ottun comes into her new position with impeccable pedigree and service record.

freedom of association.

The plaintiffs had filed their suit marked FHC/ABJ/CS/68/2020 on January 27, 2020.

The House of Representatives’ Committee on Ethics and Privileges had in November 2019 launched an investigation against the four lawmakers following allegations that they issued public statements in their capacities not recognised by the House, misleading the general public and causing confusion and disaffection in the House of Representatives.

But in his judgment yesterday, the judge held that the statements

issued by the plaintiffs were released in their personal capacity as Nigerians and based on the roles assigned them by the PDP. Justice Ekwo, therefore, declared “the investigation or further investigation of the plaintiffs by the 4th to 20th defendants on the basis of any action done or decision taken by them, including the press statements” published by them “within the ambit of their lawfully assigned party duties by the PDP” as illegal and unconstitutional, being in violation of the Plaintiffs’ rights to freedom of expression, freedom of association and peaceful assembly.

T H I S D AY ˾ TUESDAY JUNE 23, 2020

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POLITICS

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

A Memorable Week for Obaseki Vanessa Obioha writes that Governor Godwin Obaseki of Edo State is going through some of the most exciting and transforming events of his life

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he only constant thing in life is change and for Godwin Obaseki, the governor of Edo state, the wind of change blowing now is bringing good tidings to his doorstep.

First, Obaseki who had been in a long and bitter battle with the suspended chairman of All Progressive Congress, (APC),Adams Oshiomhole, bade farewell to the party last week. It was a departure long overdue following the series of attacks on his personality by Oshiomhole and the party’s decision to anoint another candidate for the upcoming elections in the state.

Obaseki’s rift with Oshiomhole stemmed from his refusal to allow the former to dictate the happenings in the state. As a committed governor who is focused on bringing desirable changes to the state, Obaseki put the people first and refused to be an extractive governor and disapproved of any form of influence that would sway him from achieving his goals or renege on his campaign promises.

Obaseki’s rift with Oshiomole stems from the governor ’s determination to use the funds of the state for the state, his dismantling of extractive and oppressive tax systems that benefited individuals rather than the state, strong determination to perform on campaign promises.

Thus, leaving APC was a big relief to the number one citizen in the state. The governor took to Twitter on Tuesday, June 19 to announce this departure.

However, leaving the party does not automatically end his political ambition as his detractors would have imagined.

They knew that he was likely to join the opposition party but what they didn’t envisage was the welcoming embrace that he received. Obaseki, who announced his new party on Friday June 19, was overwhelmed with heartwarming greetings from members of Peoples Democratic Party (PDP).

Former presidential candidate Atiku Abubakar, governor of Rivers state, Nyesom Wike and others took to Twitter to welcome him and assured him of their support.

The PDP Governors Forum, in a statement by its Director-General, Hon. C.I.D. Maduabum, hailed Obaseki for his decision and described his defection to the party as a homecoming to a “democratic platform that accommodates all Nigerians desirous of good governance, accountability and deepening of democratic tenets.”

By Saturday, Obaseki was screened by the party to contest in the primaries on Thursday June 25.

Cross-carpeting is not entirely new in Nigeria’s political landscape. It is prevalent during election periods as politicians pitch their tents wherever their goals will be advanced. Albeit, not everyone is usually favoured in this game of defection. For some, they are not given the warm welcome and may be relegated till an opportunity arises.

It is true that during an election period that politicians’ true colours are often unveiled. In the case of Obaseki, the public can see his determination to promote good governance in the state and also see the nepotism in APC. As much as APC vaunts itself as an inclusive and progressive party, recent happenings in the party have shown that the party does not practice what it preaches. If it does, then the party would have clipped the wings of Oshiomhole long ago and frowned at

Obaseki

his confrontational style of achieving his goals. Isn’t it risible that Oshiomhole who during his administration fought tooth and nail to end godfatherism is the one imposing such demands on his successor?

PDP members must have laughed hard at the drama that ensued between Oshiomhole and Obaseki but were not blind to the leadership traits that the incumbent governor of Edo State had exhibited in his four years as the Number One citizen of the state. They are fully aware of Obaseki’s large following and know they stand a better chance to reclaim the state since Oshiomhole took the reins from Professor Oserheimen Osunbor in 2008.

It’s not that the party lacked competent politicians to contest in the election. After all, one of the most beloved politicians in the state, Kenneth

Imasuagbon popularly known as the ‘Rice Man’ was already contesting for an opportunity to win the election.

There is also Omoregie Ogbeide-Ihama’, the House of Representatives member representing Oredo Federal Constituency who made his governorship aspiration known in May, and Gideon Ikhine who wisely stepped down for Obaseki on Monday, June 22.

These contestants are eligible to win the trophy for PDP in their own right but Obaseki however comes with experience.

As governor of Edo state, Obaseki never hid his intentions to make Edo state an investment hub in the state.

This is clearly seen in the number of projects he initiated such as the Benin River Port Project and Modular Refinery Project.

It was under his administration that

PDP members must have laughed hard at the drama that ensued between Oshiomhole and Obaseki but were not blind to the leadership traits that the incumbent governor of Edo State had exhibited in his four years as the Number One citizen of the state. They are fully aware of Obaseki’s large following and know they stand a better chance to reclaim the state since Oshiomhole took the reins from Professor Oserheimen Osunbor in 2008

Edo state recorded the least number of out-of-school children in Nigeria, according to a 2018 survey by the National Bureau of Statistics (NBS) in collaboration with a number of international development partners.

The feat can be attributed to Obaseki’s initiatives such as Edo Basic Education Transformation (Edo-BEST) programme, rehabilitation of the Government Science and Technical College, Benin City; restructuring the College of Agriculture, Iguoriakhi, the Edo State Polytechnic, Usen and the College of Education, Abudu, among others.

Since he assumed power in 2016, Obaseki has continued to fight human trafficking and illegal migration which are notorious in the state.

Again, Obaseki’s competence is seen in his fight to protect Edo indigenes from the inscrutable Coronavirus that is still ravaging many parts of world. His Twitter timeline is filled with updates of the health situation in the state and recently he advised the Nigeria Centre for Disease Control (NCDC) to set necessary guidelines to regulate the conduct of political rallies and elections. Even prior to the Coronavirus pandemic, Obaseki had proposed to build about 200 Primary Healthcare Centres. Obaseki’s focus in the health sector is to develop a viable primary healthcare system to provide affordable and accessible health care services to people in the state.

While Obaseki’s critics wished that PDP shut the door against him, they will be further disappointed when Obaseki finally wins the primaries and enters the major gubernatorial contest against candidates of other political parties in September.

TUESDAY JUNE 23, 2020 • T H I S D AY

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T H I S D AY Ëž Ëœ Í°ÍąËœ Í°ÍŽÍ°ÍŽ

COMMENT

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

GETTING THE SCHOOLS WORKING AGAIN

The pandemic-induced closure offers the opportunity to revamp the education of our children, writes Yinka Adeosun

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n preparation for the re-opening of educational institutions across the country, the federal government through the Minister of State for Education, Mr. Chukwuemeka Nwajiuba, had listed some conditions that every school must meet before they can serve as sites for education following the COVID-19 imposed hiatus. Interestingly, prior to this ministerial pronouncement, the Oyo State governor, Seyi Makinde had already announced a date for the partial resumption of some special categories of students which was at cross purposes with state’s Nigerian Union of Teachers (NUT) directive. Confusion everywhere.

Thankfully, the government has opened up the economy via the phased easing of the lockdown and restrictions on various sections of our national life. When will it be the turn of our educational sector to get a breather, one must ask? While the government has responded to pressure from religious bodies to open the churches and mosques, truth be told, it cannot take such gamble on schools, especially those at the primary level if it truly cares about the life of the children who are dubbed tomorrow’s leaders. For, it is indeed premature to open them when all safety mechanisms, oversight processes and social education that need to happen have not been put in place.

UNICEF estimates that around 1.6billion children and young people around the world are unable to attend school as a result of the COVID -19 pandemic. These numbers are unprecedented and they are with immense implications. There has never been a time in the world that such huge numbers of children would be out of school at the same time. Not even the pandemic of 1918 had that record of out -ofschool children. The temporary closure of schools, as a measure to contain the spread of the coronavirus, has disrupted learning, leaving the academic calendar in a shambles.

Whereas many countries have resorted to online learning, it remains a tall order for Nigeria whose educational structure was struggling to survive before COVID -19. No thanks to neglect by successive administrations. The impact of this health emergency is an indication of our lack of preparedness to combat unforeseen emergencies. As a people, we have never been prepared for any emergency. Hopefully, COVID -19 which is a health crisis has opened our eyes and provided us an opportunity to re-think emergency education planning for all levels of scholarship. The sad reality is that many children are not learning and cannot learn due to no fault of theirs. While some private institutions may have resorted to remote learning via the internet, the huge majority have remained in abeyance. High internet data costs, last mile challenges, low internet penetration in many rural communities account for this state where we have found ourselves.

Prior to the pandemic, in many of these schools, pupils are unable to imbibe learning and character. The challenges of dilapidated classrooms, unkempt surroundings, lack of modern infrastructure to aid learning, outdated curricula and unmotivated cum-poorly-trained

WE SHOULD NOT BE IN A HURRY TO RE-OPEN SCHOOLS WHEN THE THREAT OF COVID -19 IS STILL VERY MUCH GLARING WITH THE DAILY INCREASE IN THE FIGURES

teachers are well documented. Now, consider that part of the condition for reopening schools which revolves around being able to have sanitation equipment when in reality, many of these schools are without toilet facilities and water. They rely on water from the stream and other polluted sources when in dire need of this critical resource. They have to “shot-put� when the need to obey the inevitable call of nature arises. In a country that was already grappling with a decrepit educational system, the situation leaves much to be desired, especially among public schools.

The pandemic- induced closure offers us the opportunity to revamp the education of our children. Now is the time to overhaul the facility readiness of the schools. We cannot overlook the dire need to put procedures and measure in place. The importance of school safety and students learning cannot be overemphasized. Is it the children who are receiving classes under the tree, or sitting on the bare floor without desks and chairs and whose source of water is the stream near the school that should resume to school?

The use of face mask for children is perhaps an exercise that is somewhat dead on arrival if we consider the behavioural tendencies of these young impressionistic minds. This is because wearing the face mask causes them to touch their faces more than when they do without it. Besides, the mask presents the unintended consequences of possible strangulation or choking among the children, especially the preteens. Experts have recommended that staying at home and physical distancing remain the best option to be protected from COVID -19, especially for children, who may not understand why they should keep away from others or touch things they shouldn’t. It is best to keep them at home where they are safe.

Moreso, many adults are still grappling with the routine of regularly washing their hands and maintaining social distancing. Is it now the children who barely understand the implications of such routine that would abide by the new normal? Besides, the capacity of these children to protect themselves is very much in doubt. Thus, we should not be in a hurry to re-open schools when the threat of COVID -19 is still very much glaring with the daily increase in the figures. Rather than hurriedly open the schools, COVID- 19 has presented an opportunity to overhaul our educational system, where there is an alarming rate of out-of-school children. Learning materials and a conducive atmosphere should be put in place. All the various health measures should be solidified and strengthened, it is only then that we can consider the re-opening the schools.

It is increasingly becoming inevitable that the new normal is coping with the coronavirus as part of our existence. We should however not sacrifice the leaders of tomorrow, who double as writers of tomorrow’s history on the altar of economic sustenance, collective survival and other mundane justifications.

WHERE DO WE GO FROM HERE?

Kesiena I. Oghoghorie Ă‹ĂœĂ‘Ă&#x;Ă?Ă? ÞÒËÞ ÞÒĂ? Ă?Ă&#x;ĂšĂœĂ?Ă—Ă? Ă?Ă™Ă&#x;ĂœĂž ĂœĂ&#x;Ă–Ă“Ă˜Ă‘ Ă™Ă˜ ĂŽĂ? Ă™Ă˜Ă?Ă? ĂŽĂ?ÙÑĂ&#x; Ă‹Ă˜ĂŽ ÙÞÒĂ?ĂœĂ? Ă—Ă‹ĂŁ ĂŒĂ? Ă‹ ĂŒĂ–Ă?Ă?Ă?Ă“Ă˜Ă‘ Ă“Ă˜ ĂŽĂ“Ă?Ă‘Ă&#x;Ă“Ă?Ă?

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he Supreme Court decision in the case of Ude Jones Udeogu, Orji Uzor Kalu & Another, brought to the fore the constitutionality of Section 396(7) of the Administration of Criminal Justice Act 2015 (ACJA), leaving in its wake residue of issues in the legal space. Section 396(7) allows a High Court Judge, upon elevation to the Court of Appeal, to continue as a High Court Judge for the purpose of concluding a part heard criminal matter. The constitutional impropriety of the provision hinged on its conflict with Section 253 of the 1999 Constitution (as amended), which provides that a properly constituted Federal High Court shall consist of at least one Judge of that Court.

In this case the presiding Judge, who was elevated to the Court of Appeal, proceeded, relying on the Section 396(7) ACJA provision, to complete the proceedings at the Federal High Court. The Supreme Court unanimously held that the court was, in the circumstance, not properly constituted, ordering that the case be remitted to the Chief Judge of the Federal High Court for the trial to start de novo (from the beginning).

Yet beneath the Supreme Court’s decision lies a silver lining, in the form of it being a springboard from where to dive into the deep waters to dredge some of Nigeria’s judicial and legislative-making processes, with a view to setting out a road map on the way forward.

First up is the Supreme Court’s order that the matter be remitted to the Chief Judge of the Federal High Court for the trial to start de novo. De novo, according to the Black’s Law Dictionary, connotes a new trial on the entire

case, covering questions of fact and issues of law.

Yet the de novo rule, as perceived in some quarters, is a clog in the wheel of justice and, from the Supreme Court decision, a judgment and not justice. The negative perception of starting the matter de novo is viewed through the lenses of the challenges involved, not least a feeble prosecution ensuing from the possible death of witnesses, the possible reluctance of witnesses to testify, the likely unavailability and memory loss of witnesses. There are also issues around the compromise of documentary evidence, the extra financial cost, resources of litigation, extra time, energy, among others.

There is, therefore, the need for the strengthening of the criminal justice system by redrawing the long-established practice of laying down tracks as the train is speeding down them. It has always been a survival strategy.

There is now the need to establish a long-term strategy on where the track is heading.

There would therefore be need, as part of the on-going Constitutional Review process by the National Assembly, for Section 396(7) of the ACJA to be incorporated as a proviso to Section 253 of the 1999 Constitution (as amended), as this would help to cure the defect in the decision of the Supreme Court, as well as help to achieve a major objective of the ACJA, which is for the quick dispensation of criminal matters.

Further, the Supreme Court decision should be seen as an avenue to herald a new wave of technological innovation and confidence in the criminal justice system by discarding the frosty old approach to the dispensation of justice. Section 84 of the Evidence Act 2011 already allows for computer generated evidence, while Section

364(1) of the ACJA provides for verbatim electronic recording of court proceedings, with the certification or authentication by the trial Judge of the transcript at the end of each day’s proceedings.

It is noted that Section 364(1) of the ACJA only provides for proceedings to be recorded electronically, without clarification as to whether the recording should be by video and/or audio. It is therefore suggested, moving forward, for amendment to be effected to the Section 364(1) ACJA provision so as to make such recordings mandatory for both video and audio recordings, with the proceedings to be signed and attested to by the prosecution, defense counsel(s), the parties and the presiding judge.

Such move, in addition to Section 364 (2) of the ACJA which provides for the taking of notes in writing in a book form to be signed at the conclusion of each proceeding, would help to address the issue of de novo hearing, as the video and audio recordings, and the notes would constitute the court’s record and aid the new trial judge to have direct observation of the witnesses, the evidence, and reach an informed decision.

The Supreme Court’s decision could also be used as a tool to wrench the wheel of legislative drafting to more favorable judicial territory.

Legislative drafting is, generally, an essential instrument in the development of legal rules and regulations. It is vital as an aid in the ordering of rules of conduct in the society and crucial to socio-economic development.

Yet, the inconsistency between the Section 396(7) ACJA provisions and Section 253 of the Constitution has clearly exposed the fault lines

in the legislative drafting process in Nigeria.

Wise old birds will however murmur that we have been here before, such as the voiding of Section 140(2) of the 2010 Electoral Act by the Federal High Court in the 2011 case between the Labour Party v INEC & Another, for being inconsistent with the Constitution.

There is therefore the need for the strengthening of the legislative drafting process, and avoid leaving the door ajar for any uncertainty.

Such move would require a holistic approach to comprehensive research into any proposed legislation so as to identify any possible implications and conflict with any extant legislation(s) that may impede its implementation. This approach would ensure that however benevolent a proposed legislation may be, it would not be elevated above the content of any extant law.

Finally, proper coordination of the different strands salient to the legislative process would need to be enthroned. This would involve cooperation by all relevant agencies connected to any proposed legislation, as a candle loses nothing by lighting another candle.

Thus the ACJA, at its formative stage, should have had a well-coordinated coalition of agencies in the drafting process, including the Law Reform Commission, the Nigerian Bar Association, etc. These bodies should, moving forward, be considered, as partners in the overall legislative drafting process, as Knights in armour linking arms in cooperation to achieve a sustainable and enduring legislative agenda in Nigeria.

Oghoghorie wrote from Nigerian Law School, Enugu Campus

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T H I S D AY ˾ TUESDAY, JUNE 23, 2020

EDITORIAL THE NEED FOR FUNCTIONAL PUBLIC LIBRARIES The authorities should invest in public libraries to encourage reading culture

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he recent death in Benin, Edo State, of a university undergraduate inside a church where she went to read highlights the necessity for public libraries in Nigeria. If there were public libraries, perhaps she would not risk being alone inside a church to read.

Sadly, even where they exist in Nigeria today, public libraries, often named “the poor man’s university,” are kept unattractive and poorly maintained while in most cases, the infrastructural facilities are inadequate. Besides, the books in stock are dated just as it is a rarity to stumble on new and current journals.

Indeed, reference materials, where they exist, are old and dusty. Audio-visual materials are hard to come by. The quality of manpower is another story altogether.

In most countries, a public library is a serious component of the education infrastructure at all levels of government. But we have neglected this vital aspect that can help extend knowledge to a vast majority of our people. It is rather ironical that in an information and knowledge-driven world, those in positions of authority in our country are still IT IS RATHER IRONICAL not conscious of the THAT IN AN INFORMATION importance and the AND KNOWLEDGEneed for libraries in DRIVEN WORLD, THOSE our public space. Yet, a functional library IN POSITIONS OF helps in providing AUTHORITY ARE STILL information to the NOT CONSCIOUS OF THE society in different IMPORTANCE AND THE formats in the bid NEED FOR LIBRARIES IN to encourage and OUR PUBLIC SPACE promote a good reading culture which is a sine-qua non to personal and indeed national development.

If the current trend of neglect continues, the Nigerian Library and Information Science Students Association (N-LISSA) warned recently, public libraries will soon go into extinction, thereby destroying the knowledge base of the nation. Most libraries in the country, according to the

student association, “are in a devastating, pathetic, critical, emergency, and worrisome condition”, adding: “Most Nigeria’s public libraries are characterised by dilapidated structures, falling roofs, bushy environment, absence of electricity supply, lack of staff, lack of library materials….”

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T H I S DAY EDITOR BOLAJI ADEBIYI DEPUTY EDITOR YEMI AJAYI, DAVIDSON IRIEKPEN, MANAGING DIRECTOR ENIOLA BELLO DEPUTY MANAGING DIRECTOR KAYODE KOMOLAFE CHAIRMAN EDITORIAL BOARD OLUSEGUN ADENIYI EDITOR NATION’S CAPITAL IYOBOSA UWUGIAREN MANAGING EDITOR JOSEPH USHIGIALE

T H I S DAY N E W S PA P E R S L I M I T E D EDITOR-IN-CHIEF/CHAIRMAN NDUKA OBAIGBENA GROUP EXECUTIVE DIRECTORS ENIOLA BELLO, KAYODE KOMOLAFE, ISRAEL IWEGBU, IJEOMA NWOGWUGWU, EMMANUEL EFENI DIVISIONAL DIRECTORS BOLAJI ADEBIYI, PETER IWEGBU, ANTHONY OGEDENGBE DEPUTY DIVISIONAL DIRECTOR OJOGUN VICTOR DANBOYI SNR. ASSOCIATE DIRECTOR ERIC OJEH ASSOCIATE DIRECTORS PATRICK EIMIUHI, SAHEED ADEYEMO CONTROLLERS ABIMBOLA TAIWO, UCHENNA DIBIAGWU, NDUKA MOSERI DIRECTOR, PRINTING PRODUCTION CHUKS ONWUDINJO HEAD, COMPUTER DEPARTMENT PATRICIA UBAKA-ADEKOYA

functional library is expected to stock all kinds of items that add to knowledge - from books to audio and visual materials, internet through computers and artefacts that advance the cultural and recreational needs of the society. Ironically, most public libraries in the country--from those established by the states to those in the universities--are largely neglected. As demonstrated by the fate of the National Library that has been under construction for decades, libraries in Nigeria are starved of funds and are largely abandoned.

To the extent that there is a connection between the reading culture of a people and the development of their society, one can hazard a guess as to why Nigeria remains largely underdeveloped despite its abundant human and natural resources. In our country today, majority of the children, just like many adults, have limited exposure to quality reading materials. And that is very telling on the state of our nation. To underscore the current challenge, the National Librarian said recently that the agency could no longer fund the collection of legal deposit resources, development of virtual library service department, capacity building in addition to overwhelming outstanding staff claims.

Again and again, the United Nations Educational, Scientific and Cultural Organization (UNESCO) has harped on the fact that functional libraries are important to the development of any society. This is because people who read are more alert and empowered while a good reading culture improves the academic performance of children and students and also helps them to develop knowledge outside the classroom environment. Therefore, the relevant authorities in Nigeria will do well to invest in public libraries and make them attractive to meet the informational, educational and the recreational needs of the people.

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Building Resilient Healthcare System In Nigeria

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ndoubtedly, the coronavirus disease (COVID-19) pandemic has caused significant loss of lives, disrupted livelihoods and undermined well-being throughout the world. As of June 22, 2020, Nigeria has recorded over 20,000 confirmed cases of COVID-19 with over 500 fatalities, making the country the second largest epicenter in Africa.

The current COVID-19 health emergency has also underscored how weak and unprepared Nigerian health system had been over the years and the negative impact this can further have if confirmed cases plateau beyond control on our already very weakened system especially at the most basic level, the primary healthcare centers. In the last three decades, Nigeria’s health system has faced numerous barriers that have continued to undermine its effectiveness to deliver better healthcare services to the people evidenced in the appalling health indices of the country.

Strong health system is predicated on a number of variables including sound policies, human resources for health, infrastructure and adequate funding amongst others. As 2020 World health statistics notes “The COVID-19 pandemic not only draws into focus the need to rebuild resilient health systems with increased access to quality health services, lowered financial cost and a strengthened health workforce, but also calls for the provision of services such as routine

vaccinations and basic hygiene and sanitation.”

One of the lessons so far from the COVID-19 pandemic is the fact that the health sector is as important as the economy.

The question therefore remains what can be done differently to make our healthcare system better after the pandemic? To emerge from this health crisis stronger, we must pay more attention to our overall public health capabilities. If this current health emergency ends like the previous one before it with little or no sustainable improvement in the working conditions of healthcare workers, facilities and healthcare services, then, the health sector would have missed such a historic opportunity to lead holistic thought process and sustainable actions towards improving the country’s health sector.

To this end, Good Governance Team (GGT), a Nigerian civic advocacy platform, strongly believes strengthening our healthcare system would require multi-stakeholder, multi-sectoral collaboration across governmental (Ministries of Health, Finance, Power, Budget, National Assembly, etc., and subnational governments) and non-governmental (civil society, NGOs, think-tank, academia, media, etc.) institutions, including development partners and private sector. Paradoxically, COVID-19 offers us a great opportunity to strengthen Nigeria’s healthcare system to deliver better health services and improve the health outcome.

Tunde Salman, Convener: Good Governance Team

The North Is Rich In Cash

L

et us all face it: the problem with Northern Nigeria is not one of lack of liquid cash. Actually, with the discriminatory policy of Muhammadu Buhari, Arewa is flushed with cash as a result of lopsided federal appointments from this region, but what to do with that massive cash in-flow is a totally different matter.

Up here in the North, you’d observe that the trend amongst unemployed sub-30 youth is to cruise around town in expensive Merc automobiles that their pop or some highly-placed federal appointee at Abuja had sent down to the “family,” just loll around chatting away, get married before 26, fire off on all cylinders and birth six or seven kids before the age of 36, get a second wife, fire off on more cylinders, cruise around town some more in tinted-glass autos whilst still unemployed, and repeat the cycle until wife number four by which time a federal appointment would have come in to “chill out” at the EFCC, CAC, CBN, Printing and Minting, Nigerian Army Officer Corps, Customs, etc. Amazing, it is in this North that you’d observe abject poverty because there is a layer of class-consciousness that precludes objective charity virtue geared towards poverty reduction. Who amongst the “money bags” pay tithes that are needed to help the poor? No, they smug to tell the wretched that their situations are divine, so take them or die now and be damned!

Sunday Adole Jonah, Department of Physics, Federal University of Technology, Minna, Niger State

16

TUESDAY JUNE 23, 2020 •T H I S D AY

A Governor Godwin Obaseki

WEEKLY PULLOUT

23.06.2020

Adams Oshiomhole

Edo APC Godfatherism: Death Knell for APC?

Osagie-Ize Iyamu

2/

23.06.2020

Party Screening: When Jurisdiction Trumps Justice A Period of Deep Introspection So far, this has indeed, been a year of rumination and deep introspection, at least for right-thinking people, not only because of the havoc and uncertainty that the Covid-19 pandemic has caused globally, but also because the lockdown period during which we were all constrained to stay at home, gave us more than enough time to consider and muse upon many issues.

The 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution) is a special area of interest for me, being that this document is the grundnorm, and I pondered over some of its inadequacies and those of some of our extant laws, vis-a-vis the controversies which have plagued our country Nigeria in the last few years, be it with regard to the call for Restructuring, or the non-justiciability of the Constitution’s Chapter 2 (thereby entrenching the non-accountability of democratic governance, which is antithetical to the spirit and essence of democracy), or whether the Supreme Court can review its decisions, or how to remove a sitting Chief Justice of the Federation, the doctrine of inconclusive elections, and many other squabbles we have witnessed.

Disqualification of Hopefuls and the Jurisdiction of the Court The latest issue which has come up for consideration, is that which occupied the front burner in our nation last week - the disqualification of Governor Godwin Obaseki of Edo State from running for the APC party primaries, in order that the candidate who will participate in the upcoming Edo State gubernatorial election on the APC platform, will emerge. I am not particularly interested in the politics of the decision, that is, the reasons being peddled by the different schools of opinion as being the cause of the disqualification - that the disqualification is baseless and unfair, and as a result of a megalomaniac’s egocentric determination to continue to be the ‘Numero Uno’ in a State which he no longer governs, contrary to the Oath of Office contained in Schedule 1 of the APC Constitution which precludes Officers from allowing their personal interest to influence their official conduct or official decisions; or even that the disqualification is justified, as the party has to be careful not to have a repeat performance of what happened in the case of its Bayelsa State Deputy Gubernatorial candidate, during the 2919 elections.

The Legal Position I am only concerned about the legal principles related to the afore-mentioned disqualification, as enunciated in cases like APC v Engineer Suleiman Aluyi Lere 2020 1 N.W.L.R. Part 1705 Page 254 and Wushishi v Imam 2017 18 N.W.L.R. Part 1597 Page 175: “.....that the nomination or a sponsorship of a candidate for election is a political matter within the sole discretion or power of the political party, an internal affair which is not a matter for the public domain being pre-election, and therefore, domestic. It is after the conduct of the party’s primary that an aggrieved contestant at the process can complain about the conduct, and it is then that the courts have jurisdiction to hear such a party”. This decision is simply saying that, at the screening and nomination stage, without participation in party primaries, a hopeful cannot take his/her grievance to court, as it is a domestic matter which is not justiciable, and the court has no jurisdiction to entertain it - not even if the reason for the disqualification is not a cogent one. Apparently, right from common law, this has been the position of things, a position which has been upheld by several decisions of the Apex Court.

I pondered over this position, and made some telephone calls to three legal luminaries who I know are very knowledgeable on this particular issue. They explained that Lere’s case was merely a restatement of this settled position; and that the Electoral Act 2010 (EA) confers only limited jurisdiction on the courts to delve into the issue of party primaries one of the exceptions being in the case of gubernatorial elections, only when the aspirant has participated in the primaries, won, and the political party has not forwarded the name of

this winner to INEC, as mandated by Section 87(4) of the EA. I do understand that Nigerian politicians are possibly the most tiresome in the world, with a penchant for abusing the court system and going to court for the most frivolous and vexatious issues; and that allowing those who have not even participated in the primaries to go to court to ventilate their grievances, will only serve to inundate our already over-burdened courts with countless pointless matters that lack merit, and be a cause of endless litigation and confusion. But, a pertinent question to ask is, is this enough reason to oust the constitutionally given jurisdiction of the courts, or to deny an individual from his/her right to fair hearing and freedom from discrimination as guaranteed by Sections 36 and 42 of the Constitution, respectively?

I considered Section 6(6)(b) of the Constitution, which provides that the judicial powers “shall extend to all matters between persons, or between government or authority and to any person in Nigeria, and to all actions and proceedings relating thereto, for the determination of any question as to civil rights and obligations of that person”; and Section 6(6)(c) which ousts the jurisdiction of the courts, only when it comes to matters concerning the justiciability of Chapter 2 of the same Constitution, that is the Fundamental Objectives and Directive Principles of State Policy. It is crystal clear that, the only instance in which the Constitution provides that the jurisdiction of the courts cannot be ignited, is in the case of its Chapter 2 (a position which has been widely and constantly criticised as being undemocratic and one of the keys to corruption, since it fosters a total lack of accountability by government), and to the best of my knowledge, pre-primary election matters are not included therein. Can, and should a common law position, override our Constitution?

Even APC Constitution provides in Article 2, that it is subject to the 1999 Constitution and all extant laws.

Section 87(9) of the EA provides inter alia that “......an aspirant who complains that any of the provisions of this Act and the guidelines of a political party has not been complied with in the selection or nomination of a candidate of a political party for election, may apply to the Federal High Court or the High Court of a State or FCT, for redress”. In PDP v Sylva 2012 13 N.W.L.R. Part 1316 Page 85 at 126 the Supreme Court defined the word ‘Aspirant’ thus: “An Aspirant is a person with a strong desire to achieve a position

of importance or to win a competition”. I submit that, from the foregoing definition of aspirant and the provisions of Section 87(9) of the EA, an aspirant does not necessarily have to be one who has participated in party primaries, but can be one with a strong desire to achieve a position, the expression and manifestation of this strong desire being the submission of oneself for screening to be selected as a contestant in the party primaries. After all, the process of running for election, that is, “..... the selection and nomination of a candidate of a political party for election.....” begins at the screening stage, before the primaries.

In fact, Article 33 Paragraph xiv of the APC Constitution defines Aspirant as: “any person who has picked the Party’s nomination forms, seeking to participate in either a primary or party election”. This, to my mind, is a realistic definition of the term “Aspirant”.

However, in Ardo v Nyako 2014 10 N.W.L.R. Part 1416 Page 591 Honourable John Inyang Okoro, JSC went further to state thus: “An Aspirant is not a person who merely declared an intention to participate in the primary election, but someone who fully participated in the said party primary”. With all due respect to his Lordship, I disagree with this narrow definition of the term “Aspirant”.

It seems to be inconsistent with the provisions of Section 6(6)(b) of the Constitution, as it ousts the jurisdiction of the courts, and prevents those who have not actually participated in party primaries, from going to court to ventilate their issues about the selection process to run in the primaries.

Lack of Political Ideology The judicial pronouncement in Lere and other cases, that those who are dissatisfied with the qualification process for party primaries in their chosen party, have the option of joining another political party to pursue their ambitions, as many others like Governor Obaseki were constrained to do, reiterates the fact that the political parties in Nigeria lack ideology and core beliefs, and are simply special purpose vehicles designed only to achieve political ambitions, and that the courts are quite cognisant of this fact. Though this unfortunate situation and the extant common law position on the non-justiciability of pre-primary political matters are not the making of the Judiciary today, such a suggestion to cross-carpet if all else fails would be unthinkable in a country like England, where most politicians are either Labour or Conservative or the USA, Democrat or Republican, and the option of being able

“IT IS CRYSTAL CLEAR THAT, THE ONLY INSTANCE IN WHICH THE CONSTITUTION PROVIDES THAT THE JURISDICTION OF THE COURTS CANNOT BE IGNITED, IS IN THE CASE OF ITS CHAPTER 2.....AND TO THE BEST OF MY KNOWLEDGE, PRE-PRIMARY ELECTION MATTERS ARE NOT INCLUDED THEREIN”

to jump or cross-carpet recklessly from one political party to another in order to achieve political ambitions, does not arise. But, sadly, in Nigeria, party ideology can be equated to which party controls a location. If you are running for election in the South West and many parts of the North, the APC would be your best option, in the South South, PDP, in the South East PDP and APGA. No one really knows what our political parties stand for, or what they believe in, apart from perpetuating themselves in power forever!

Edo State Governor, Godwin Obaseki

Conclusion While I understand the doctrine of stare decisis and the need to prevent politicians from turning our esteemed courts into a playground, with all due respect, I am not sure that I agree that the jurisdiction of the courts should be ousted on any matter, as access to court to get justice is really one of the only peaceful and civilised ways that I know, of ventilating grievances and settling disputes. At least, Governor Obaseki followed the recommendation of the Apex Court, instead of wasting his time and that of the court, by going on a fruitless mission to sue the APC and its Screening Committee - per Rhodes-Vivour, JSC in Lere’s case: “A dissatisfied member’s remedy is to leave the party, and seek his political ambitions somewhere else”. He and his Deputy did just that, by resigning from the APC and joining the PDP. What is your opinion on this matter, my dear colleagues?

LAW REPORT/3

Propriety of the Court of Appeal Imposing Additional Sentence without Hearing Parties Facts

W

hile the Appellant was in office as the Governor of Taraba State, a Petition was written by a law firm on behalf of the widow of a certain Usman Abubakar Biu, the “MD/Chief Executive Officer” of Al Usab International Ltd, to the Economic and Financial Crimes Commission (EFCC), which ultimately led to his arrest by the EFCC about a week after he left office. The said Usman Abubakar Biu died during the execution of a contract awarded to his company, to rehabilitate the Wukari Water Project. In the Petition, it was alleged that the deceased’s brother, Sulaiman Abubakar, who continued with the contract, fraudulently withdrew the sum of N135,794,608.00 paid to the deceased’s company by the Taraba State Government. Upon the arrest of Sulaiman Abubakar, he stated that the money was withdrawn and shared out to Taraba State Government Officials including, the Appellant.

While the Appellant was being investigated, other dubious transactions were discovered. The Appellant was arrested at the end of his tenure in office and arraigned before the High Court of the Federal Capital Territory, Abuja on a 41-count Charge of Criminal Breach of Trust; Criminal Misappropriation; Taking Gratification by Public Servants; and Public Servant Obtaining a Valuable thing Without Consideration.

The Charge was filed in 2007, but trial did not commence until 2010, upon the dismissal of the interlocutory appeal of the Appellant, by the Supreme Court.

After the trial, the court delivered its judgement, wherein it found the Appellant guilty on some counts, and discharged him on some other counts. Allocutus was taken, after which the trial Judge sentenced the Appellant to fourteen years imprisonment for Criminal Breach of Trust; two years imprisonment for Criminal Misappropriation; Seven years imprisonment for Taking Gratification; and five years imprisonment for Accepting a Valuable Thing Without Consideration. The Sentencing on each count was to run concurrently, without an option of fine.

The Appellant appealed the decision, to the Court of Appeal. The appellate court upheld the conviction of the Appellant, but observed that the fourteen year term of imprisonment without an option of fine imposed by the trial court was in contravention of the mandatory provision of Section 315 of the Penal Code Act, which prescribes that the convict “shall also be liable to a fine.” The court therefore, reviewed the sentencing imposed by the trial court, with an addition of substantial fine.

Faced with an affirmation of his conviction and increase of his sentence, the Appellant further appealed to the Supreme Court.

Issues for Determination Some salient issues considered by the court were: 1. Whether the Court of Appeal was right, when the it held that the trial court rightly assumed and exercised territorial jurisdiction in respect of the offences charged in counts 1 to 15, 17, 19, 21, 23 and 25 of the Charge preferred against the Appellant, and that the Appellant was barred from raising the complaints on the doctrine of issues estoppel.

2. Whether the Court of Appeal was right, when it held that the trial court rightly assumed jurisdiction and entertained the offences charged in counts 1, 2, 3, 6 to 41 of the Charge and consequently, convicted and sentenced the Appellant on counts 1 to 3, 6 to 20, 25, 27, 29, 30, 31, 33, & 36 thereof, when Sections of the written law, which created and defined the offences of Criminal Breach of Trust and Criminal Misappropriation charged in the counts, were not stated in the Charge.

3. Given the special and specific constitutional provisions which do not describe the Governor as a Public Servant, whether it was right for the lower court to affirm the conviction in counts 1 to 31, 33 and 36, on the grounds that the Appellant committed the said offences as a Public Officer/Servant.

4. Whether the Court of Appeal was right, to have affirmed the conviction in counts 1, 2, 6, 10, 12, 14, 18, 20, 27, 29, 30 to 33 and 37, notwithstanding that the burden was placed on the Appellant to prove his innocence.

5. In the absence of a Cross-appeal by the Respondent against the judgement of the trial court, and based on the trite rule of fair hearing, whether Court of Appeal was right to have unilaterally imposed fines on the Appellant for each count of offence for which he was convicted and also affirm his conviction on counts 16, 18, 20, 27, 29 to 31 & 36, having been prejudiced by the need for accountability of security votes, as solely raised and decided by it.

Arguments In his submission on Issue one, the Appellant argued that the facts leading to the alleged offences in the counts referenced, occurred in Taraba State, outside the territorial jurisdiction of the trial court.

He relied on the decision in TUKUR v GOVERNMENT OF GONGOLA STATE (1998) 1 NWLR (Pt. 117) 39, to contend that the trial court lacked territorial jurisdiction to decide the case. The Respondent countered the submission by stating that the Appellant cannot re-introduce this issue, same having been affirmed by the Court of Appeal and the Supreme Court in the interlocutory appeal earlier filed by the Appellant.

On issue two, the Appellant argued that the Sections of the law which created and defined the offences of Criminal Breach of Trust and Criminal Misappropriation, were not stated in the Charge. To this end, he contended that he was not charged for an offence known to law, because he was charged under the punishment sections for both offences, in contravention of Section 36(12) of the 1999 Constitution and

Honourable Amina Adamu Augie, 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 Musa Dattijo Muhammad John Inyang Okoro Chima Centus Nweze Amina Adamu Augie Justices, Supreme Court SC.1234/2018 Between Rev. Jolly Tevoru Nyame

…

And

Federal Republic of Nigeria …

…

Appellant

…

Respondent

(Lead Judgement delivered by Honourable Amina Adamu Augie, JSC)

Section 194 of the Administration of Criminal Justice Act (ACJA).

With respect to issue three, the Appellant posited that he is not a Public Servant as envisaged under Section 315 of the Penal Code Act, and that the definition under Sections 206-209 of the 1999

Constitution does not include Governor as a Public Officer. The Respondent on its part, argued that the decision of the lower court on the issue is sound in law and supported by the Constitution, as well as the Penal Code.

On issue four, the Appellant

“......A COURT OF APPEAL SHOULD NOT EMBARK ON AN EXERCISE IN EXCESS OF WHAT IT IS CALLED UPON TO DETERMINE BETWEEN THE PARTIES. WHERE THE COURT OF APPEAL DECIDES TO RAISE A VITAL ISSUE TOUCHING ON A CITIZEN’S LIBERTY AS HEREIN SUO MOTU, AN OPPORTUNITY SHOULD BE GIVEN TO THE PARTIES TO ADDRESS THE COURT ON SAME”

argued that the trial court placed the burden on him to prove his innocence. He gave instances, where the trial court presumed him guilty. He stated that in its consideration of the burden of proof necessary to ground the offences in the Charge, the trial court had recourse to the provisions of Sections 194(3), 220 and 195 of the ACJA to salvage the fundamentally defective counts in the Charge.

However, the court failed to consider Section 396 of the ACJA, which preserves his right to raise any objection at the end of trial. Thus, the trial court did not only absolve the Respondent of the burden to discharge the competence of the said counts, but also denied him of his defence, having prejudged him guilty.

In his submission on issue five, the Appellant contended that the imposition of fines on him suo motu by the Court of Appeal, and without inviting the parties to address it, infringes on his right to fair hearing. Opposing the submission, the Respondent argued that, it is inconceivable that the Appellant, who invited the Court of Appeal to vary the sentence imposed on him, would contend that he was not heard before the sentence was varied. Counsel argued that, by Section 416 of the ACJA, the Court of Appeal has the power to reduce or increase the sentence imposed by the trial court, especially where it is adequate.

Court’s Judgement and Rationale Deciding the issue of jurisdiction, the Supreme Court noted that, territorial jurisdiction refers to the geographical area which the matters brought before the court for adjudication arose, since courts are usually not seised of matters which occur outside their territory – DAIRO v UBN (2007) 16 NWLR (Pt. 1059) 99. In the interlocutory appeal filed by the Appellant – NYAME v FRN (2010) 7 NWLR (Pt. 1193) 344 SC, the Apex Court found that from the Proof of Evidence as seen in the Statement of Abdulrahman Mohammed, some salient elements of the offence such as the initiation and payment of relevant cheques, lodgement in bank accounts and purchase of property, took place within the FCT, Abuja. The criminal jurisdiction of the FCT High Court, is not limited to offences which originate in the FCT, Abuja. Their Lordships stated that, the call by the Appellant for the Apex Court to re-open the issue makes a mockery of its decision in the earlier appeal, and the entire criminal justice system.

On the contention of the Appellant that he was not charged for an offence known to law, the court held that Section 36(12) of the 1999 Constitution does not prescribe that a Charge must state the definition section of the penal enactment, before it can be valid; there is no prescription of the form or content of a Charge in a criminal trial thereunder. More so, the law is that a mere misdirection of the law under which a Charge is brought, does not necessarily render the offence charged, not known to law at the time of its commission.

With regard to the issue of the Appellant not being a Public Servant, the court held that, it is unfathomable for the Appellant to argue that as a Governor of Taraba State, he was not a Public Servant. The Appellant conceded at the trial court that he was a Public Servant, and in that capacity, he was entrusted with Billions of Naira. He however, turned around to argue now that “it was egregiously wrong for the Court of Appeal to ignore the law and be influenced by what he described himself to be” and that he ignorantly described himself as a Public Officer. Ignorance of law has never afforded anybody an excuse; for everyone is supposed to know the law. In this instance, the Appellant conceded in his Written Address on the No Case Submission that he was a Public Servant, and described himself as such in Exhibit SS. Being an issue of law, his position about his ignorance of the law, cannot hold water.

Deciding issue four, their Lordships agreed with the Appellant to the extent that by the provisions of Section 396(2) of the ACJA, a Defendant may raise any objection to the validity of the Charge at any time before judgement. The court however, noted that an objection to the validity of a Charge has nothing to do with the Defendant’s defence. The purpose of the Charge is to give the Defendant notice of the case against him and enable him prepare his defence, and at this stage the issue of burden of proof does not arise, as the trial is yet to commence. The question of proof beyond reasonable doubt cannot arise, when considering an objection to the competence of a Charge.

Issue five relates to the variation by the Court of Appeal of the sentence imposed by the trial court, to include imposition of fines on some of the counts upon which the Appellant was convicted. The Apex Court held that, self-preservation is the first law of nature; thus, the Appellant, who cried to the Court of Appeal that the sentence imposed on him by the trial court was excessive, could not have imagined that his sentence would be increased and that he would find himself crying twice as much to the Supreme Court. In OMOKUWAJO v FRN (2013) 9 NWLR (Pt. 1359) 300, it was decided that, a Court of Appeal should not embark on an exercise in excess of what it is called upon to determine between the parties. Where the Court of Appeal decides to raise a vital issue touching on a citizen’s liberty as herein suo motu, an opportunity should be given to the parties to address the court on same. The Court of Appeal acted in excess of its jurisdiction, when it reviewed the sentence of the Appellant to include fines.

Appeal Allowed in Part.

Representation Ahmed Raji, SAN & Ors for the Appellant.

Rotimi Jacobs, SAN & Ors for the Respondent.

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

4/ COVER

23.06.2020

Edo APC Godfatherism: Dirty and murky intra-party politics, is presently playing out in Edo State. The issues in the convoluted journey towards picking a candidate for the ruling All Progressives Congress (APC) in the upcoming Edo State Gubernatorial election, including the disqualification of the current Governor, Godwin Obaseki, from running the race on the APC platform, are as complex as rancorous; with some blaming the crisis in the State’s chapter of the party on the overbearing attitude of the National Chairman of the APC, and former Governor of the State, Comrade Adams Oshiomole. Ebun Olu Adegboruwa, SAN and Ademola Adewale give their perspectives on what the real issues are, and how they can be resolved

APC Edo Governorship Impasse, Paying the Price of Impunity Ebun Olu Adegboruwa, SAN

APC: House of Commotion

T

he All Progressive Congress (APC), is fast becoming a house of commotion, where things seem to have fallen apart and the centre can no longer hold. Or how else do we describe the present situation in Edo and Ondo States, where the ruling party is at loggerheads with itself over its flag bearers for the coming gubernatorial elections in those States? When a party in power is waging war against itself, the Yorubas call it a mystery (edi). The crisis of primary elections, has become the undoing of the APC in many States.

On Friday, May 24, 2019, the Supreme Court rejected the impunity of APC by putting a final death knell on the fate of all its candidates in the National Assembly, Gubernatorial and State House of Assembly elections in Zamfara State.

In one fell swoop, the APC lost all elections in that State, to the main opposition People’s Democratic Party (PDP), no thanks to the internal wrangling within the APC. The same thing happened in Rivers, Imo and some other States, where the Courts annulled the electoral successes of the APC, due mainly to the primaries of imposition, violence and bloodshed, conducted by the ruling party. Presently, there are not less than eight hundred court cases, arising from dissatisfaction with the primary elections of the political parties. It has been some kind of windfall for the opposition, in States that should ordinarily have been swept clean by the ruling party, all because of impunity. The APC is treading the same ominous path in Edo and Ondo States all over again, almost in the same fashion. At the last count, not less than four different persons have “emerged”, either as national Chairman or acting national Chairman of the party.

Impunity Impunity reigns, in any situation where rules are broken with reckless abandon, where an individual is exempted from the consequences of the breach of law or due process, and where a person holds out himself as above the law, and is thus, immune from punishment that should ordinarily have been the consequence of his action. It is actually the bane of leadership in Nigeria, where some of those who hold power in trust for the rest of society, take it upon themselves to impose upon the people, without giving a hoot as to the effect of such on the general psyche of the people, or even corporate governance. If people give due regard to the processes established by law for general human conduct, then there will be less crisis, less conflicts and indeed, less court cases, although some of my colleagues have corrected me that this should not be the wish of any serious Lawyer, since conflict in itself, is part and parcel of human development and progress.

How did it Start? Governor v Comrade Chairman

Edo State Governor, Godwin Obaseki

Now, how did it all start, in Edo State? The incumbent Governor, Mr. Godwin Obaseki, fell out with his presumed godfather, Comrade Adams Oshiomhole, the national Chairman of his political party, the APC. It was a fall out of the usual contest for

“THE VARIOUS EXAMPLES OF IMPUNITYTHAT PERMEATES THE APC, IS ONLY A SYMBOL OF ITS TRUE CHARACTER AS THE RULING PARTY, AS IN SEVERAL OTHER EXAMPLES, NAMES OF CANDIDATES WERE CANCELLED, REMOVED OR WITHDRAWN ATTHE VERY LAST MINUTE; WHEREAS IN SOME MORE DISTASTEFUL CASES, DEATH CERTIFICATES WERE FORGED FOR SOME CANDIDATES, IN ORDER TO SUBSTITUTE THEM”

power between the incumbent Governor and the ex-Governor, as it happened in other States, even within the PDP. In this case, it became a game of two power mongers, one wielding executive powers and the other commanding national influence, both virtually tearing the party apart. My own questions have always been these: who is advising Governor Obaseki?

Why go this far just to make a point? Locking a former Governor out of the State that he once governed, stopping him from attending political campaigns, declaring him persona non grata, and going ahead to physically prevent him from entering the State, but for the quick intervention of the Police, or even requesting for clearance before a citizen of Nigeria is allowed access to his own home State. That was rather extreme, on the part of His Excellency. Is it true that some House of Assembly members have not been sworn in to assume their constitutional responsibilities, so many months after they were elected by the people?

And what do we say about the Comrade Chairman, who portrayed somebody as incompetent four years ago, and he is presently busy trying to present the same person as a saint today? Who on earth changes a winning team?

If Governor Obaseki in 2020 has no academic qualifications to aspire to be the candidate of APC, how then was he screened to run in the previous election that ushered him into office as Governor? Did he just graduate from school today? Are Oshiomhole and APC not aware that, the case of APC gubernatorial primary election for Edo State is in court? If a man is in court to challenge a process, do you then go ahead to screen him out to spite the court case, where it was directed that parties should maintain the status quo? What could have led a ruling party to waste so much time, energy and resources on a process that is evidently lis pendens and subject to judicial review? It was the same scenario that played out in Rivers State,

where rival APC factions dragged themselves to court to stop the party primaries.

The APC has enough precedents to guide it in the choice of actions to be taken, in relation to party primaries and internal wrangling. I fully support the need to assert the supremacy of the party in all cases, as indiscipline in any organisation will spell doom for its progress and advancement. In this regard, we had all expected that the elders in APC would wade in, to bring the Governor and Comrade Chairman to a round table. As it is presently, Governor Obaseki has no choice than to seek his political ambition on another political platform, the lesson being that, you do not bite the fingers that fed you, even though in this very case, those fingers were all along infected and poisonous.

Disqualification of Governor Obaseki by APC The Constitution, in its Section 221 has accorded the political parties the pride of place, in the determination of candidates for any election.

However, Section 87 of the Electoral Act prescribes that “a political party seeking to nominate candidates for elections under this Act shall hold primaries for aspirants to all elective positions” and that “the procedure for the nomination of candidates by a political party for the various elective positions, shall be by direct or indirect primaries.” The Supreme Court has now put the matter of party primaries beyond controversy, as a matter purely for the internal affairs of the party, and therefore, not justiciable. In the recent case of APC v LERE, the Supreme Court, on Friday, May 10, 2019, held as follows: “Candidates are expected to obtain expression of interest and nomination forms, present their certificates for verification and appear before a Screening Committee. This is the stage at which the domestic or internal affairs of the political party, are not justiciable. The court will not

23.06.2020

COVER/5

Death Knell for APC? dabble into how a member of the party is screened, or why a member was not cleared by the party to contest the primary.

Put in another way, before a member of the party is cleared, the party has the power to disqualify their member, and is answerable to no one including the courts.

A dissatisfied member’s remedy is to leave the party and seek his political ambitions somewhere else.”

Without any doubt, the fate of Governor Obaseki as far the APC gubernatorial primary election in Edo State is concerned, is for all times sealed. The question now is this: won’t the party pay for this wrangling at the polls or in court? That is if the polls will be determined by the will of the people, and Judges are allowed to rule without pressure. I do not see how a political party that depends solely on people’s goodwill in a free and fair election, will put its house on fire, and still expect to come out unscathed and victorious. The sheer bravado with which APC is proceeding with the Edo political drama, should put all of us on red alert. This then puts the Independent National Electoral Commission (INEC) and indeed, the Judiciary, to great task. All extant laws and regulations must be applied and implemented without fear or favour, ill will or affection. The votes must count and justice must prevail, in the real sense of the word.

The various examples of impunity that permeates the APC, is only a symbol of its true character as the ruling party, as in several other examples, names of candidates were cancelled, removed or withdrawn at the very last minute; whereas in some more distasteful cases, death certificates were forged for some candidates, in order to substitute them. In the end, the APC had more pre-election cases in court, than in the election petition tribunals. Where does this lead us? Whatever affects the head, will surely flow to the other parts of the body. And, if what we have witnessed within the APC is anything to go by, Nigerians should very well brace up for greater impunity from the ruling party, in more critical and fundamental areas of our national life. And, this goes to the credibility of the coming elections in Edo and Ondo States, as no political party would be so bold to embrace these manipulations and acrimony, if votes matter and if that party has no other means of claiming victory in the general elections, what may be the lesson in all of this political drama?

Once a case is in court, the subject-matter thereof then becomes subjudice or lis pendens, such that any step taken by any of the parties before the court becomes a risk, liable to be nullified or affirmed by the court, subsequently.

“..IF ANY ONE THOUGHT GODFATHERISM WAS A PDP AFFAIR, THE ONGOING APC EDO SAGA CLEARLY SHOWS THAT, GODFATHERISM TRANSCENDS PARTY AND POLITICAL LEANINGS IN NIGERIA”

Osagie Ize-Iyamu

How does a political party approach its gubernatorial primary elections with not less than four cases pending in various courts, with different and inconsistent orders emanating from these cases? Anyone can guess the fate of the APC in the Edo State gubernatorial elections, as if eventually the case of the “suspension” Comrade Adams Oshiomole as national Chairman of the APC is decided against him, it then goes to the root of all actions and decisions of the APC initiated by him, in which he participated or presided. The general principle of law in this regard was well stated by the noble Lord Denning in the locus classicus case of MACFOY v UNITED AFRICAN COMPANY LTD, captured the current impasse within the APC as follows: “If an act is void, then it is law a nullity. It is not only bad, but incurably bad. There is no need for an order of the court, to set it aside. It is automatically null and void, without more ado … And every proceeding which is founded on it is also bad, and incurably bad. You cannot put something on nothing, and expect it to stay there. It will collapse”.

In the light of all the cases pending in various courts, the past experiences of the APC in States where similar crisis as that of Edo State consumed its political fortunes, it is better for the party to tread softly in respect of

the appointment, nomination or election of its national chairman, and find a convenient legal means of navigating through the gubernatorial primaries of Edo and Ondo States, and thereafter, resume serious fence-mending efforts to put its seemingly tattered house in order.

But, in all of this, President Buhari, who is by status the official leader of the APC, is the overall winner and loser. In Rivers State, the matter went up to the Supreme Court, and he never interfered in the process at all, at least not openly and to our knowledge.

Similarly, in Zamfara State, he didn’t show any sign of much personal concern in the judicial process that eventually buried the fate of his own party, other than to cancel his campaign rally in the State. He has maintained the same neutrality in Edo State, at least officially. But, there is a little snag. How can the President parade credentials that his own party does not possess? How come he has not been able to influence his own party, to respect the rule of law and due process? We all wait on the APC for the answers.

In a similar case as is happening in Edo State presently, that is the case of APC v MARAFA, the Supreme Court had occasion to declare as follows: “The democratic system this country adopted was borrowed from the United States of America, and other Democratic Nations

of Europe. Those from whom we borrowed this system are steadily forging ahead in all areas of endeavour, in order to create stress free and economically viable nations. For this great country, some politicians either are ignorant of what party politics is, or out of mischief, have continuously dragged this nation backward. If care is not taken, this class of politicians will drag this nation to the Stone Age, where all of us will be consumed. I once again, as this Court has consistently preached, urge this class of politicians to play the game according to law and guidelines which they themselves have enacted. It is only when this is done, that sanity will take centre stage in the domestic and international affairs of this great nation.”

Conclusion It is difficult to imagine any other manner by which anyone else can offer useful counsel to the All Progressive Congress, than the golden words spoken by the highest court of the land, before which all APC cases will eventually end. There is still time for the party to do the needful, in respect of the Edo State matter.

He who has ears, let him hear.

Edo APC Crisis Reflects Rot in the Ruling Party Ademola Adewale

Godfatherism was a PDP affair, the ongoing APC Edo saga clearly shows that, Godfatherism transcends party and political leanings in Nigeria.

Irrespective of party affiliation, the phenomenon remains the same. A Political Godfather sees to the emergence of his political son, or proxy in power, who is in turn, expected to continue to display loyalty, as it has been suggested, by ensuring that the Godfather gets a regular percentage of the State's revenue, has specific slots of political appointments, contracts, and has more than a fair share of the State's resources.

Except that as in all things based on servitude and oppression, the servant or is it son, sooner than later, expresses the desire for freedom. It is at this stage, that open hostilities usually break out .

The Confused State of the APC The Edo State APC crisis, is a clear reflection of the confused state of the ruling party. It epitomises all that is wrong, with Nigerian Democracy.

First, it shows that the ruling party lacks cohesion and direction. A ruling party that is not able to conduct its affairs in a transparent and civilised manner, is hardly worth the toga of the nation's ruling party, because it lacks a clear cut agenda that can move the nation forward and provide leadership for the nation's democracy.

If it cannot manage its own internal affairs, on what moral basis does it presume to provide the necessary guide for the nation's democratic practice?

Political ‘Godfatherism’ At the very heart of the APC's saga, is the politics of Godfatherism by which a Godfather imposes a candidate on the electorate, and even after the candidate wins the election and becomes a public officer, supposedly owing a primary duty to provide good governance to the people, the Godfather believes that having ensured the emergence of the public officer in the first place, the public officer owes him the primary duty of maintaining him as a political Godfather in the first case, rather than a duty of service delivery to the people to whom the public officer is constitutionally obliged.

Yes, the emergence of Godwin Obaseki as Governor of Edo State in 2016, was undoubtedly due to the backing of Adams Oshiomhole who

Suspended APC National Chairman, Adams Oshiomhole

was until then the Governor of Edo State, and subsequently the Chairman of the APC the nation's ruling party.

But, in the typical Nigerian style, both Godfather and Godson soon fell apart, as we have seen several times in the past. Remember Sir Emeka Offor and CC Mbadinuju in Anambra. Later, Ifeanyi Ubah and Dr Chris Ngige, in the same State. Lamidi Adedibu and Rashidi Ladoja, in Oyo State. Except that, if any one thought

The Edo Situation This is in essence, what is happening in Edo State.

And, in this particular case, the open hostilities have broken out at a time when the political son, Godwin Obaseki, is seeking re- election in Edo State. The Godfather Comrade Adams Oshiomhole, himself a former Governor of Edo State and the National Chairman of the ruling party, the APC, has ensured that Godwin Obaseki's ambition of re-election is truncated, as the Party's organs for the party 's primaries for the emergence of the party's candidate for Gubernatorial election, have found that Obaseki is not eligible for the party's primary election for presenting questionable documents, despite the fact that one of the institutions concerned the nation's s premier University - the University of Ibadan had thrown its weight behind Obaseki 's academic qualifications, by attesting that Obaseki's

Degree Certificate is genuine and rightly issued by it. The Screening Committee also stated that, only an attestation of attendance from the Institute of Continuing Education, Benin presented, as opposed his A level results, while the ‘i’ in Obaseki was missing on his NYSC discharge certificate!

Notwithstanding the academic endorsement from the University of Ibadan, the APC maintained that Obaseki is not qualified to even take part in the party's primaries for the choice of a Gubernatorial candidate, for the upcoming Edo State Gubernatorial election.

Now the die is cast, and Obaseki having fully exploited and exhausted the party's internal mechanisms, including repeated visits to the President to intervene; he decided to leave the party and move on to the opposition PDP, to actualise his political dream to serve a second term as Governor of Edo State.

It is indeed, a sad commentary, that Comrade Adams Oshiomhole who put an end to PDP's Godfatherism in Edo State under the late Mr. Fix-It of Edo Politics, Chief Tony Anenih, has now turned full circle to become the Godfather of Edo Politics. Perhaps, just like how he ended Tony Anenih's Godfatherism in Edo State, it will be poetic justice to see Godwin Obaseki put an end to Comrade Adams Oshiomhole's Godfatherism there too.

But, there is still a part of the plot yet unwritten - will Godwin Obaseki still emerge as Governor of Edo State 2020- 2024? That is a question only the people of Edo State can answer !!!!!!!

Ademola Adewale, Human Rights Lawyer, Lagos

6/

23.06.2020

Force Majeure: What it is Not! In this article, Tunde Adesokan, defines the concept of Force Majeure which originated from French Law, and seeks to explain how it operates in our own legal system, from the perspective of explaining what Force Majeure is not

I

overheard a conversation between my wife and a friend recently. She was gisting (yes, the word is now recognised by the Oxford English Dictionary) with her friend about a wedding ceremony recently cancelled due to Covid-19-related restrictions. Discussing the vendors, my wife said: "I hear that due to 'Force Majeure or something like that', they are entitled to cancel the contract."

Shortly after, a friend on my secondary school WhatsApp chat asked the following question: "Can I tell my landlord "Force Majeure" and just sit here chopping life (i.e. not paying rent)?"

The ongoing Covid-19 pandemic has certainly triggered a lot of discussion about force majeure. What these conversations indicate, is that people have a broad idea of force majeure.

So, what is Force Majeure?

It is, simply put, the occurrence of interrupting events or circumstances beyond a party's control, which affect a party's ability to perform a contract. A force majeure clause will typically state that where such an event affects performance, the affected party may suspend performance or even cancel the contract.

In answering questions from friends about force majeure, I have often found myself describing what Force Majeure is not rather than what it is. By this circumscribing approach, I found that people were better able to comprehend this term that originates from French Law. So, here goes, let's consider a few things that Force Majeure is not: 1. It is NOT a recognised legal principle: Yes, surprising as it may be, the term Force Majeure is not recognised by Nigerian law (or English law, from which Nigerian law derives, for that matter). This is not to say that it does not apply under Nigerian law, rather, it will only have the meaning that the parties ascribe to it. In other words, unlike other contractual concepts ("frustration" for example), it is not a concept that can be argued unless the parties have specifically included a Force Majeure clause in their contract, and have defined it with sufficient certainty.

This means that unless that contract my wife was referring to, or my school mate's tenancy agreement contained a Force Majeure clause that has been triggered by the ongoing pandemic, neither of the parties to those agreements would be entitled to rely on force majeure, as a means of delaying or withholding contractual performance.

This also means that a simple reference to "Force Majeure", will not cut it. I have heard of Force Majeure clauses that simply say, "Force Majeure shall apply". The courts do not recognise the term "Force Majeure", so such a clause is meaningless. Unless the clause defines what Force Majeure is, such a clause is likely to be deemed void for uncertainty. So, in the context of the ongoing Covid-19 pandemic, unless your force majeure clause includes events such as "epidemics", "pandemics", "disease" or at least sweeping phrases such as "acts of God" or "any other events whatsoever beyond the parties' control", it is unlikely that you will be able to rely on it.

WARNING!! Note that, the fact that you do not see the exact words "Force Majeure", does not necessarily mean that your contract does not contain a Force Majeure clause. Courts are more concerned with the interpretation and effect of the clause, than with the actual terms used.

No Force Majeure Clause in the Contract = No Force Majeure 2. It is NOT an escape route from a bad bargain: However badly an event undermines the profitability of the contract, the force majeure clause will not assist. Even if a party would, as a result of the pandemic, be making a significant loss that threatens its very survival, such loss cannot, by itself, amount to Force Majeure.

The courts are wary about this. Companies, faced with contracts that have suddenly become commercially unattractive, have sought in the past to rely on the Force Majeure clauses of their contracts. Common law courts have, however, always been cautious not to permit parties to use force majeure as a means of circumventing bad deals.

I guess one indication of whether the event in question is truly a force majeure event, is to perform a hypothetical analysis: what would happen if, as a result of the alleged force majeure event (pandemic, for example), the party now seeking to cancel/ suspend performance, was instead going to double the profits it would ordinarily have made from the contract? If that party, persuaded by the sudden attractiveness of the contract, would be able to perform the contract despite the difficulties/obstacles caused by the pandemic, it is unlikely that the event would amount to a force majeure event.

Commercial loss, no matter how severe, is not Force Majeure 3. It is NOT "Frustration": Force Majeure is not the same as the common law concept of "Frustration". It is common for non-Lawyers, to confuse the two concepts.

The common law concept of Frustration permits a contract to be discharged where an unexpected event occurs after the formation of the contract, that renders performance physically or legally impossible, or alters the contract so fundamentally,

that performance would be something radically different to what was agreed. A simple example I recall from Law School days, is the contract to paint a house. If that house were to be reduced to rubble by an earthquake, such that there was no house to build, the contracted painter would probably be able to argue that, the contract had been frustrated.

Frustration, unlike force majeure, is a common law concept and so, is applicable in the absence of a contractual clause to that effect. Frustration, as a doctrine, is very wide, and has been given a lot of attention by the courts. It is outside the ambit of this short article, but three points are worth noting: - Unlike Force Majeure, Frustration is automatically applicable if the circumstances dictate - the parties do not need to include it in their contracts; - It is narrowly applied by the courts. The courts are keen to discourage parties from avoiding freely entered into obligations.

- Unlike Force Majeure where the consequence is typically suspension of performance (or termination after a given period), the consequence of frustration is that the parties are discharged from their obligations.

Force Majeure and Frustration are not the same 4. It is NOT an excuse to do nothing: This point touches on two slightly related concepts: "control" and "mitigation".

If the event or circumstance is within the control of a party – for example, a party is able, by taking some action, to prevent the force majeure event, or to take action to avoid or lessen (i.e. mitigate) the impact of the event - that party cannot simply sit idly by watching on as the event occurred, or as the event impacted his ability to carry out his obligations.

“THE COURTS DO NOT RECOGNISE THE TERM "FORCE MAJEURE", SO SUCH A CLAUSE IS MEANINGLESS. UNLESS THE CLAUSE DEFINES WHAT FORCE MAJEURE IS, SUCH A CLAUSE IS LIKELY TO BE DEEMED VOID FOR UNCERTAINTY”

If he were to do nothing, he would not be entitled to rely on the force majeure event either because: a.

It was within his control to prevent the event, and thus, it cannot be a force majeure event; or b.

He had a duty to reduce the impact and failed to do so, contrary to his common law duty to mitigate.

To illustrate, let us imagine a contract where a supplier had the option to deliver some widgets to any of three locations, Location A, Location B and Location C. Further, imagine that the contract contained a suitably worded force majeure clause to cover the ongoing pandemic, and that Locations A and B were shut down due to government-issued restrictions. That supplier would be unable to rely on the Force Majeure clause to suspend performance of the contract, because he still had the option of delivering the widgets to Location C. Conversely, he would be well placed to argue force majeure, if all three locations were shut down due to the restrictions.

If a party could take steps that would have avoided or mitigated the impact of the event and chose not to do so, such a party will be precluded from relying on the force majeure clause.

Do what you can to avoid and minimise the impact of a Force Majeure event 5. It will NOT mask breach or other causes for nonperformance: In other words, where a party was already in breach of contract for failure to perform (or where it was clear that a party would not have performed his obligations anyway), the occurrence of a force majeure event will not excuse such non-performance.

If, for example, a company were contracted to design and build a 5km-bridge by a certain date, and a few days to that date the company had not even begun the design stage, the occurrence of a force majeure event (for example, a pandemic) the day before the stipulated delivery date would be deemed irrelevant by the courts. The courts would instead find that the pandemic was not the cause of non-performance.

This example helps illustrate another point, which contractual parties should be aware of. It is generally difficult to rely on the force majeure clause, where the force majeure event is not the sole cause of non-performance.

No, it will not assist a contract breaker 6.

Force Majeure event will NOT automatically alter obligations: The focus of this point, is the concept of causation. The Force Majeure clause will often state that an event preventing performance will permit the parties to suspend, delay or completely forego fulfilling contractual obligations.

Two deductions follow: a. The force majeure event must actually have happened; and b.

It must have prevented (delayed, precluded, etc. as the case may be) performance.

In other words, the force majeure clause, must have caused the non-performance.

This means that even if it can be proved that the force majeure event occurred, if it cannot be shown that it prevented due performance of the contract, the party cannot rely on the force majeure clause.

Did the Force Majeure event actually cause the nonperformance???

So, finally, to answer the question you've all been asking: is the pandemic a force majeure event?

Let me provide that most lawyerly of answers: it depends Tunde Adesokan, Dual-qualified (UK and Nigeria) Lawyer and Consultant to HFW LLP and ACAS-Law

23.06.2020

NEWS/7

Abuja Lawyer in Urgent Need of Kidney Transplant Classmates of an Abujabased legal practitioner, Mr. Olufemi Adesina Oluwole, have launched an appeal fund to enable him undergo an urgent kidney transplant, as a lasting solution to his lingering renal failure.

A 1996 Law graduate of the University of Lagos, Mr. Oluwole attended the Nigerian Law School, Victoria Island, Lagos, in 1997, and was called to the Bar in February 1998. He was his “Class Governor� for five years, at the University of Lagos.

After the compulsory National Youth Service, he went into private legal practice and set up his office in Federal Capital Territory, Abuja. He is a member of the Unity Bar, Abuja.

However, a few years ago, Mr. Oluwole took ill, and was later diagnosed with end-stage kidney disease.

Doctors recommended

regular maintenance haemodialysis, at least twice weekly. He also requires other necessary treatments.

According to a letter signed by Mrs. Uzoamaka Onwuka and Mr. Christopher Ezeafulukwe, on behalf of Mr. Oluwole's classmates, “the impact of this health condition led to the collapse of his law practice, leaving him and his young family at the mercy of friends and well-wishers, for survival.�

The letter states further: “Unfortunately, even the much-needed haemodialysis maintenance has not been regular, because of paucity of funds. He only goes for the sessions, whenever funds are provided by friends and good-spirited individuals around him. As it stands, Oluwole’s life is in great danger, and the risk of losing him is extremely high�.

He is currently receiving treatment at ZENITH

Mr. Olufemi Adesina Oluwole

MEDICAL AND KIDNEY CENTRE, Abuja (“Zenith Medical�). His case is be-

FCT CJ Inaugurates New Abuja NBA Executives Reiterates ban on ex parte injunction in political cases Alex Enumah in Abuja

The Chief Judge of the High Court of the Federal Capital Territory (FCT), Justice Ishaq Bello, on Thursday swore in members of the newly elected Executive of the Abuja Branch of the Nigerian Bar Association (NBA). Justice Bello at the occasion, seized the opportunity to warn Lawyers against the ÀOLQJ RI IULYRORXV DSSOLFDWLRQV at the FCT High Court.

6SHFLĂ€FDOO\ WKH &KLHI -XGJH stressed that the court will not grant ex parte orders targeted at forestalling electoral cases, as such applications remain banned in the FCT courts.

Justice Bello insisted that the court, in addition, will FCT High Court Chief Judge, Justice Ishaq Bello not entertain suits outside his jurisdiction, as the court has DQG FRQĂ LFWLQJ MXGJPHQWV LQ NBA to keep to their promise, to act according to the Nigerian the country's judiciary. such rights of refusal.

He said with the new Practice Constitution and other laws of According to the CJ, the ban on the issuance of such Direction, a case could be the land. The new Chairman orders particularly in election- transferred to the appropriate of the Unity Bar, Mrs. Hauwa related cases, was to enhance place of origin of the dispute Shekarau, in her acceptance speech, assured of the unity the growth of democracy in leading to the case.

"We want to foreclose the and oneness of the Branch the country, and to encourage politicians to settle their disputes window for forum shopping during her tenure.

She also sought the cooperainternally without the court's DQG FRQĂ LFWLQJ GHFLVLRQV DFURVV the country. We want to sanitise tion of members and elders of intervention. the Association, as she promised He said, "Be wary of coming the system.

"Cases will come to FCT High to deliver on her 10-point up with applications when it comes to pragmatic politics, Court from Kaduna, Ondo and campaign agenda.

Other members of the because we are not going to Anambra States, where they Executive include; Chioma should be heard. accede to that.

"Even when they come here, Onyenucheya-Uko - Vice "This is because, we want natural growth of democracy. they start jumping from court to chairman, Prince Adebiyi We want the political actors role court, when they see the hand Adetosoye - Secretary, Chinelo Ofoegbunam - Assistant Secto learn how to resolve their writing on the wall.

"We have to sanitise the retary, Adedeji Emmanuel disputes within themselves without coming to court, system. The Practice Direction Adewale - Treasurer, Ngozi except where it is exceedingly has now directed that those Agubalu - Welfare Secretary, matters be transferred to their Ikemefuna Onyeka - Publicity necessary."

The CJ also disclosed that place of origin, even if they are Secretary, Jude Okey Ugwuanyi - Legal Adviser and Princess only few days ago he signed part-heard."

Justice Bello therefore, charged Frank-Chukwuani-NEC Repa new practice direction that will address forum shopping the new Executive of the Abuja resentative.

ing handled by a team of doctors, led by Dr. Olalekan Olatise who can be reached

on his mobile number, 07068873402.

Zenith Medical has

advised urgent kidney transplant, as the only way of saving Mr. Oluwole’s life.

The cost of Oluwole’s pre-transplant, transplant and post-transplant treatment, including screening of the potential donor and recipient advised by Zenith Medical, is N12,000,000 (Twelve Million Naira).

About N6,000,000 (Six Million Naira) has already been spent on dialysis to keep him alive, while concerted efforts are being made to raise the required N12 million to pay for the transplant, which is the ultimate solution. Urgent financial support is needed, to save Oluwole’s life.

A passionate appeal has been made to well meaning Nigerians to make donations to save Oluwole’s life.

Account Name: OLUFEMI ADESINA OLUWOLE SUPPORT FUND Bank: ACCESS BANK Account Number: 1237002502

LawPavilion Applauds Paul Usoro led NBA Executive, Gifts Young Lawyers Free One Year Subscription LawPavilion Business Solutions Ltd, over the weekend, FRQÀUPHG LWV UHFHQW SDUWQHUship with the Nigerian Bar Association (NBA), to provide Electronic Law Reports to Young Lawyers. Speaking on this, Ope Olugasa, the Managing Director of the Legal Tech company commended the Paul Usoro led NBA executives for the well thought out initiative of giving back to the legal community, particularly the young Lawyers. Olugasa H[SODLQHG WKDW WKH EHQHÀFLDULHV of this initiative, are young Lawyers between one to seven years post-call who paid their annual practicing fee on or before the deadline stipulated MD, Law Pavilion Limited, Mr. in the Legal Practitioners’ Act. Ope Olugasa While observing that majority of these young Lawyers are LawPavilion Electronic Law VWLOO WU\LQJ WR ÀQG WKHLU IRRW- Reports, NBA has taught these hold in the profession, learning \RXQJ /DZ\HUV KRZ WR ÀVK the ropes and mostly without a He therefore, hoped that the robust income, Olugasa opined EHQHÀFLDULHV ZLOO PDNH WKH WKDW WKH EHQHÀFLDULHV SD\LQJ best use of the opportunity their annul Bar Practicing Fee afforded them.

On how it felt being a as and when due, showed the level of their commitment part of such history making to the legal profession, and initiative, Olugasa said it feels especially to the Association. gratifying. He gave insight He therefore, considered it very into how deeply the Covid-19 laudable, that the NBA deemed pandemic hit the legal profesLW ÀW WR JLYH EDFN WR VXFK sion; particularly with courts, dedicated young Lawyers. the last hope of the common He especially commended man, being shut down for over the fact that, the NBA Exco a month. He noted how the looked for a palliative that closure of the courts affected will aid the career of these practicing Lawyers, who derive their livelihood as advocates. young but great minds.

Quoting the saying that Similarly, Olugasa evinced ´JLYH D PDQ D ÀVK DQG \RX how Solicitors were also affeed him for a day, but teach fected, because they couldn’t D PDQ WR ÀVK DQG \RX IHHG access their physical libraries, him for a lifetime�, Olugasa as a result of the lockdown said that, by empowering measures put in place in the these young Lawyers with different States in Nigeria. He

GHVFULEHG KRZ GLIÀFXOW DQG practically impossible it was for VRPH /DZ ÀUPV WR FRQWLQXH WR render their legal services, and how this led to some losing briefs or clients. He however, pointed out how only a certain percentage who had embraced technology, through the use of LawPavilion products, were able to stay up and running all through the period.

When asked if the legal profession should expect more from the Legal Tech company now that the world is gradually returning to normal, Olugasa pointed out that, life post Covid-19 LV GHĂ€QLWHO\ QRW JRLQJ WR EH like what we were used to.

According to him, there’s been a paradigm shift, and Covid-19 has accelerated things technology-wise. He alluded to the fact that, two years ago, nobody would have thought that IBA or NBA Conferences could be held virtually, and that now, virtual conferences, virtual meetings, remote work, H ÀOLQJ DQG UHPRWH KHDULQJ are the new normal.

Olugasa further announced that, apart from adding new features to enhance the company’s existing products to ensure optimal performance, the company will soon be unveiling a couple of products that will QRW RQO\ EHQHÀW /DZ\HUV /DZ Firms and Judges, but will EH RI JUHDW EHQHÀW WR HYHU\ Nigerian. He further tipped that they are working on a complete ecosystem of Legal Tech solutions, which will be unveiled at the forthcoming Conference.

8/

23.06.2020

Who ‘Owns’ Ajaokuta and Lokoja?

T

his question is prompted by the recent judgement of the Federal High Court, Lokoja, which seemingly re-defined the status of Lokoja and Ajaokuta, the Kogi State Capital and the centre of Nigeria’s iron and steel industry, respectively.

The decision has caused a lot of ripples among the non-Igala ethnic speaking groups in the State, specifically the Ebiras, the Nupes, and to a lesser extent, the Okun and the Bassa. The reasons are not far-fetched, as a cursory look the judgement, will show that it dramatically altered the delicate ethno-geographic balance in the State, in favour of the Igalas - who are already the dominant ethnic group in the State. Let’s see if the judgement was warranted, in the light of the law and the evidence proffered by the Plaintiffs.

The Litigation The suit was filed by the Stool of the Paramount Ruler of Igala land, the Attah Igala, as the 1st Plaintiff, with the incumbent occupier of that office, HRM Idakwo Michael Amen Oboni, as the 2nd Plaintiff. The Defendants were the Attorney-General of the Federation (AGF) and the Attorney-General of Kogi State (AGK); the latter having been joined subsequent to the filing of the case, on its application. In other words, the Plaintiffs sued only the AGF initially, and all the reliefs they sought from the court were directed against him alone; crucially, this situation remained so, despite the joinder of the AGK as aforesaid.

The Reliefs The Plaintiffs asked for three declarations, as well as general damages and injunction. The declarations are summarised as follows: 1) A Declaration that, by virtue of their ownership or over-lordship of the subject property - which was the subject of a contract of sale (Deed of Cession) executed between the British monarch and the 1st Plaintiff - they are entitled to recognition of their absolute and proprietary right over the land held by the 1st Defendant (whose) agents are doing business thereon; 2) A Declaration that by virtue of their ownership/ over-lordship of and over the said land, the Plaintiffs are entitled to requisite dues and compensation payable in respect of the land; 3) A Declaration that the 1st Defendant’s compulsory acquisition of the land without paying compensation to the Plaintiffs nor obtaining their prior informed consent, is a breach of their proprietary rights under the Constitution, the African Charter and the Land Use Act The Evidence In support of the Originating Summons, the 2nd Plaintiff deposed to two affidavits. The Plaintiffs also filed a written address. In his supporting affidavit, the 2nd Plaintiff asserted that the subject property was part of “several lands and fiefdoms traditionally attached to the person and office of the (1st Plaintiff – the Attah Igala) which is automatically transferred to any subsequent Attah, and has existed from generation to generation”, adding that the “Attah wields absolute power on such lands”, letting out parts thereof in the form of pledges and customary tenancy, in return for rents, royalties and tributes, and that “this has remained the tradition for centuries”.

He claimed further that, on the 6th day of September, 1841, a British Expeditionary Force executed an agreement to purchase the subject property from the Attah for the sum of 700,000 cowries, out of which only 150,000 cowries was paid, upon which they took possession. The agreement was purportedly embodied in a so-called Deed of Cession, which was attached to the 2nd Plaintiff’s affidavit as Exhibit A. The Plaintiffs claimed that the British subsequently abandoned the property, without paying the balance of the purchase price, and that this prompted the 1st Plaintiff to repossess the property; that, since then, they have been administering it exclusively, deriving certain economic benefits therefrom (rents, tributes, royalties, etc), which only stopped when the 1st Defendant compulsorily took it over.

The Judgement Although the judgement was, in terms, supposedly entered against both Defendants, all the reliefs sought by the Plaintiffs were directed exclusively at the 1st Defendant. To that

Kogi State Governor, Yahaya Bello

extent, it is somewhat curious that the State Authorities even bothered to join the suit at all. This is because, in my view, it would have made better strategic sense for the State to have ignored the suit, and allow it to be fought solely between the Plaintiffs and the AGF. Had this been the case, the eventual judgement would have been unenforceable against the State Government, given that it was not a party thereto.

Be that as it may, I believe that the judgement has wittingly or unwittingly amended the provisions of Section 26 of the Kogi State Chiefs (Appointment, Deposition and Establishment of Traditional Councils) Law 2006, which divided the 21 local government areas of the State along ethnic lines, into five Area Traditional Councils along ethnic lines (see Schedule III of the Law). This is because, by virtue of this law, the land which the judgement has now decreed as forming part of the Attah’s ‘Kingdom’ (i.e., Ajaokuta and Lokoja), is statutorily part of the Ebira and Koton-Karfe Area Traditional Councils, respectively.

To the extent that the court has now altered the status quo under the said Law, I believe that it smacks of judicial legislation, which violates the principle of separation of powers under Section 4(6) of the 1999 Constitution;

“.....THE RECENT JUDGEMENT OF THE FEDERAL HIGH COURT, LOKOJA, WHICH SEEMINGLY RE-DEFINED THE STATUS OF LOKOJA AND AJAOKUTA, THE KOGI STATE CAPITAL AND THE CENTRE OF NIGERIA’S IRON AND STEEL INDUSTRY, RESPECTIVELY.....

IT DRAMATICALLY ALTERED THE DELICATE ETHNO-GEOGRAPHIC BALANCE IN THE STATE, IN FAVOUR OF THE IGALAS.....”

this provides that the legislative powers of a State, shall be vested in the House of Assembly of that State.

I believe the foregoing scenario, inter alia, is precisely what the Supreme Court laid down in CBN v AMAO (2011) AII FWLR pt.558 pg. 806 @ 830G, as a ground for rejecting a claim for declaration - such as those granted by the trial Federal High Court in this case - namely that “the relief claimed must be something which it would not be unlawful or unconstitutional for the Court to grant”.

Beyond this, it is also noticeable that, the evidence led by the Attah in proof of his title to the land consisted almost entirely of traditional history. The position of the law on this was recently restated in FATOYINBO v OSADEYI (2009) 16 NWLR pt. 1168 pg. 605 @ 626, where the Court of Appeal held that “where reliance is placed on traditional history, the Plaintiffs are required to plead the root of their title, and the names and history of their ancestors. They have a duty to trace their title to the original owner. They have to show how their predecessors acquired title.

The custom which recognises the founding of the land and the incidents of that custom must be identified, specified and approved. The Plaintiffs should plead their historical connection with the land. They should plead how the land devolved on them, without gaps”.

Regrettably, the affidavit evidence of the Attah in this regard, fell completely short of this standard.

More crucially, however, the legal status of the 1st Plaintiff, the Attah, in my view, is ambiguous, and indeed, problematic. It is the traditional stool of the Igala ethnic group. For this reason, I believe that it lacks juristic personality, and cannot maintain an action in court. See OLU OF WARRI v CHIEF SAM ESI (1958) 3 F.S.C 94. In JEOBA v OWONIFARI (1974) NGSC 44, the Supreme Court, after observing that “both parties are agreed that the original defendant was not a juristic person. Oniran of Orin is a title subject to succession, and unless it can be shown that his office is a creation of statute, it cannot be regarded as a legal person”, held that “on the authorities as they stand, the action instituted against the Oniran of Orin was wrongly constituted, and should have been struck out”. Just like the Oniran of Orin, the 1st Plaintiff, the Attah Igala, is just a title.

Furthermore, I believe that the Deed of Cession, Exhibit A, which formed the basis of the Plaintiffs’ claim to the subject property, was fatally undermined by the Attah’s lack of juristic personality, as aforesaid. This is because, only a juristic person may enter into a valid contract: See GOLDMARK NIG. LTD v IBAFON NIG. LTD (2012) LPELR S.C. 42/2001. Besides, none of the actual parties to that agreement was the Plaintiff, as they have, obviously, all died, given that it was executed in 1841, 176 years prior to the filing of the action, in 2017.

To the extent that the Deed of Cession is a contract, it is trite law that, only parties to a contract may sue on it, and a non-party to a contract cannot sue on it, even if it was made for his benefit: BASINCO MOTORS vs.

WOERMANN LINE INC. (2009) 5 – 9 S.C. pt. II pg. 123.

Yet another flaw in the Claimants’ case, was the decision of the trial court to simply discountenance the address attached to their originating summons, on the ground that it was headed “In the High Court of Justice of Kogi State”, instead of in the trial Federal High Court. I believe that this defect was fatal to the Plaintiffs’ case, as it simply meant that the originating summons lacked a supporting address, contrary to the mandatory provisions of Order II Rule 5 and Order 22 Rules 2 & 10 of the Fundamental Rights Enforcement Procedure Rules 2009 and the Federal High Court Civil Procedure Rules 2009, respectively.

Conclusion Given the unprecedented nature of the decision, an appeal against it, is almost a foregone conclusion. Whilst the 2nd Defendant would clearly be entitled to challenge the court’s dismissal of his preliminary objection as of right, attacking its final decision on the substantive matter is not so clear. This is because, the court categorically held that the Plaintiffs did not allege that the 2nd Defendant violated any of their rights, and that “none of the reliefs in the suit affects the 2nd Defendant”. To that extent, any such appeal (filed without leave as an interested party), might be open to challenge on the aforesaid ground.

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BUSINESSWORLD

Group Business Editor Obinna Chima

Email obinna.chima@thisdaylive.com 08152447875

ÍŻ ͡ Ëœ Í° ÍŽ Í° ÍŽ MONEY MARKET OVERNIGHT OBB

REPO 16.67 15.17

CALL 1-MONTH 3-MONTH

14.50 12.50 13.75

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

536.08% 2.31% 3.50%

S & P INDEX 1/4 TO DATE YEAR TO DATE

15.12% 11.41%

EXCHANGE RATE N361/1US DOLLAR* ĚŠ

Quick Takes FirstBank Empowers Women

DEVELOPING SOLUTION

L-R: Partner, Deloitte Nigeria, Ibukun Beecroft; Chief Operations Officer, Softcom, Seinde Olobayo; Lagos State Governor, Babajide Sanwo-Olu; CEO Softcom, Yomi Adedeji and Chief Enterprise Business Officer, MTN, Lynda Saint-Nwafor, during the launch of an initiative to address the effects of COVID-19pandemic,heldinLagos...recently

OPEC Reiterates Need for Compliance with Output Cut Chineme Okafor in Abuja The Organisation of Petroleum Exporting Countries (OPEC) has called on its member countries and ally producing nations led by the Russian Federation to comply fully with the terms agreed in their extended production limitation agreement to stabilise the oil market.

Stating that it is ‘fair and equitable’ for all parties to abide by the terms agreed on during their last meeting, OPEC explained that the agreement recorded 87 per cent conformity in May as against the 100 per cent expected.

Its Joint Ministerial Monitoring Committee (JMMC) disclosed this during a recent virtual meeting chaired by Saudi Arabia’s Minister of Energy, Prince Abdul Aziz Bin Salman and co- Minister of Energy of the Russian Federation, Alexander Novak.

According to OPEC, the JMMC reviewed the monthly

ENERGY report prepared by the Joint Technical Committee (JTC) and recent developments in the global oil market, as well as immediate prospects for the remainder of 2020 and into 2021, and reiterated the critical role that the ‘Declaration of Cooperation’ (DoC) continues to play in supporting oil market stability and economic recovery, in the face of the COVID- 19 pandemic.

It stated that member countries and allies agreed on April 12, 2020, to adjust downwards their overall crude oil production, adding that the decisions taken at the recent 179th Meeting of the OPEC Conference and the 11th OPEC and non-OPEC Ministerial Meeting on June 6, 2020 affirmed this. “This included extending the first phase of the production adjustments by a further

month, now till 31 July 2020, and subscribing to the concept of compensation by those countries who were unable to reach full conformity (100 per cent) in May and June, to accommodate the underperformed volumes in July, August and September, in addition to their already agreed production adjustment for such months,� it explained.

According to it: “The committee took note of the overall conformity of 87 per cent for the month of May 2020. It also observed individual country conformity levels and reiterated the critical importance that all participating countries achieve their 100 per cent level and make up for any monthly shortfalls in the months of July, August and September.�

The JMMC welcomed the expressed commitments from countries below the 100 per cent May conformity level and specific compensation plans highlighting

how this will be accommodated, and delivered, between July and September, but emphasised that, “the attainment of 100 per cent conformity from all participating countries is not only fair and equitable, but vital for the ongoing and timely rebalancing efforts and helping deliver a sustainable oil market stability.�

It also explained the critical importance of adhering to full conformity and compensating the overproduced volumes in the months of May and June, during the months of July, August and September 2020, in accordance with the pact agreed.

It said that Iraq and Kazakhstan have submitted their compensation schedules and agreed to give other underperforming participants which have not yet submitted their final plans until this Monday 22 June 2020 (yesterday) to submit their schedules for compensation.

AfCFTA Offers Great Opportunity for Capital Market, Says Ayere Dike Onwuamaeze The Chief Executive Officer of the DLM Capital Group, Mr. Sonnie Ayere, has called on actors in the Nigerian capital to make the most out of the opportunity offered by the African Continental Free Trade Area (AfCFTA) agreement to make the continent’s financial market their focus.

Ayere, made call recently when the Advisory Board and Governing Council of the Chartered Institute of Public Resources Management and Politics (CIPRMP), Ghana, conferred and honoured him with the prestigious lifetime Senior Fellowship recognition award.

He said: “The next level is for

ENERGY the financial market institutions in Nigeria to move into the larger African space. It allows us, by God’s grace, to be able to expand because the future is Africa for players in the financial markets. “It will be great if I can take my firm to Ghana, South Africa and Mozambique. The commercial banks like the UBA that have become more Pan –African financial institutions have shown us the way,� adding that “the opportunity is huge but depends what a country will chose to make out of it. So, it can be great for a country and it can be bad for a country.�

Ayere expressed appreciation

for being singled out to be honoured by the CIPRMP, saying, “This is my third award from Ghana. I dedicate this to my colleagues whose hard work and cooperation made it possible.

We have changed our focus to financing transactions that will have an impact on the people that we live with. “That is why we have evolved our logo and brand mission toward bespoke financing to impacting life. By next year we will become something that people will be very familiar with and say ‘yes, DLM has been a benefit to me.’�

Ayere said DLM is mainly known for doing structured finance products, securitization other financial services that are not

common in this country which has distinguished us among our peers. “Ghana was one of my countries when I covered financial market for the International Finance Corporation. But I have not done any transaction in Ghana since DLM was started 11 years ago. That is why I said that it is an honour to have this,� he said.

The Managing Director of Stephanie John and Associates, Mrs. Uche Ayere, observed that the fact that the recognition came all the way from Ghana speaks to the fact that, “Africa is becoming borderless and more united. It also means that the values we uphold in Nigeria are also upheld in Ghana.�

First Bank of Nigeria Limited has announced that its all-female online community www.ďŹ rstgem.com.ng , oers mentoring, support and capacity building opportunities for all to create a new generation of ďŹ nancially literate women.

With the aim to increase its engagement and reach a wider audience, an online repository for its FirstGem product was created and designed to provide a virtual online community where like-minded women irrespective of where they are in Nigeria and abroad, gather to connect, grow and share knowledge on everything about lifestyle, parenting, career development, entrepreneurship, health, work and family.

A statement from the bank explained that ďŹ nancial empowerment and wealth creation ideas are shared to encourage women to play their part in providing ďŹ nancial support for their families.

The portal provides varied contents ranging from Blog stories to Vlogs, Newsletters, Chat rooms which are built on 6 pillars - Health, Wealth and Finance, Food and Recipes, Events, Entrepreneurship, Lifestyle and Beauty. The FirstGem online community presently has over61,634membersdrawnfromallwalksoflifesharingideas,insights and experiences.

According to the Group Executive, e-Business & Retail Products, First Bank of Nigeria Limited, Chuma Ezirim, “FirstGem is suited for the Nigerian woman, and we are using this online community as the ideal opportunity to position the Bank’s gender initiatives to meet the required needs on a wide range of issues aecting women from lifestyle, skills acquisition, ďŹ nances, wealth acquisition and management, business support, etc. “We encourage all women to join the community by signing up via this link https://ďŹ rstgem.com.ng/community to enjoy this experience.

FirstGem is a gender speciďŹ c account designed to meet the needs of women, aged 18 years and above. It is targeted at a broad spectrum of women, working professionals, entrepreneurs and MSMEs.

Wema Bank Promotes ALAT

Wema Bank has advised its customers to continue to bank safely by using ALAT and its USSD platform, *945#.

The bank pointed out that following increasing reports of positive COVID-19 cases, it is encouraged its customers to take advantage of alternative banking channels (ALAT and *945#) to carry out bank transactions rather than risk going out to branches.

Accordingtothebank,withALAT,itscustomerscanpaybills,transfer funds, buy airtime and data and perform other ďŹ nancial transactions. “The USSD code *945# provides a quick and easy means to carry out bank transactions even without data. It is the go-to option in areas where the internet network is not so strong or where transactions need to be done urgently,â€? it explained.

Head of Brand and Marketing Communications, Wema Bank, Funmilayo Falola, explained that, “although the lockdown has been lifted and most businesses have resumed, individuals need to continue to observe precautionary measures to stay safe. Using our alternative banking channels will help our customers stay safe by avoiding queues and crowds and also give them one less place to go.�

Wema Bank has before now supported the ďŹ ght against the spread of the COVID-19 virus by donating to the government fund and also providing palliative materials for the economically challenged. “Given the new normal, we will continue to ensure the safety of sta and customers by leveraging digital solutions that will reduce the risk of physical contact,â€? Falola added.

TFG to Raise $229m

South African retailer, TFG said it plan to raise 3.95 billion rand ($229.66 million) through a rights oer to lower its debt and protect its balance sheet, as proďŹ t fell by 1.1 per cent in the year to March 31.

TFG, which also operates in Australia and Britain, said the proposed rights oer was fully underwritten by a syndicate of banks comprising three of its largest lenders, and its major shareholders have shown support. “The intention really is to put us in a position to insulate the balance sheet against any shocks,â€? Reuters quoted TFG group CEO, Anthony ThunstrĂśm, to have said at the ďŹ rm’s results presentation.

“One thing we can all agree on is that every form of economic activity has been affected by the virus and we are living in unprecedented times�

President, Nigerian Stock Exchange, Mr. Abimbola Ogunbanjo

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ANALYSIS

Reorganising Power Sector Emmanuel Addeh writes on the efforts by the Minister of State, Power, Goddy Jedy-Agba, to revamp agencies under his purview to deliver improved power supply to Nigerians

T

hree critical agencies under the ministry of power are the Rural ElectriďŹ cation Agency (REA), the Nigerian Electricity Management Services Agency (NEMSA) and the National PowerTraining Institute of Nigeria (NAPTIN).

The Electric Power Sector Reform Act (2005), created several agencies in achieving the elusive stable power in Nigeria, including the REA which was established to facilitate the provision of affordable power supply for residential, commercial, industrial and social activities in the rural and peri-urban areas of the country.

In the same vein, the NEMSA regulates and enforces technical standards in the power sector to ensure the safety of Nigerians.

In essence, it is the job of NEMSA to inspect, test and certify electrical materials, equipment, power systems and electrical installations of the Nigerian power industry, including testing Installations to ensure adherence to technical standards and regulations.

Similarly, at the privatisation and unbundling of the defunct Power Holding Company of Nigeria (PHCN), the National Power Training Institute of Nigeria (NAPTIN), which was the training arm of the erstwhile PHCN, evolved as a wholly owned government training institute.

The agency basically exists with a mission to train skilled professionals required in the power industry and other related sectors, including staff of the 11 Distribution Companies (Discos) and the Generation Companies (Gencos).

Experts believe that lack of coordination of the various agencies in the ministry of power, which were working at cross-purposes had always been the bane of the sector.

However, the appointment of Minister of State, Power, Mr Goddy Jedy-Agba, to oversee some of the agencies appears to have given a new lease of life to the hitherto docile, but critical parts of the Nigerian Electricity Supply Industry (NESI).

In bringing his vision for the agencies to reality and putting them in the front burner, Jedy-Agba, in a conversation with journalists, said it would no longer be business as usual since Nigerians can no longer continue to wait to have stable and safe electricity.

He said the federal government was giving more attention to electrification of rural areas in the country because of the need to empower those who live in villages and ensure that their small-scale businesses survive.

The minister noted that it was rather interesting that rural dwellers were more likely to pay their electricity bills without complaining in contrast to urban residents, reason he said that they must never be ignored.

Also in attendance during the remarks to bring the country updated on the activities of the three agencies were the Managing Director, REA, Mr Ahmad Salihijo, Managing Director, NEMSA, Mr Peter Ewesor and Director General, NAPTIN, Ahmed Nagode.

Jedy-Agba said the federal government would

Jedy-Agba continue to provide power for under-served communities in Nigeria so as to encourage people who live outside the towns and cities to engage in small businesses and preserve farm produce by processing them. “Traveling by road from here through Nassarawa state, you see fruits and food on the road wasting.

If there’s power, industries can be created to process those fruits and sell them. If you go to Korea you see these things. The woman who sells food can grind pepper. If artisans have light, their trade will improve. “There’s a community in Niger state that we electrified last year. When they saw the light, it was like, permit me to say, Jesus came down to them. The villagers pay for light, but you and I don’t. We consume and complain. The villagers don’t because they know they consume X and they pay� he said.

The minister added that because of his personal passion for the poor, more attention will now be devoted to the areas , including through the provision of off-grid sources of power supply.

Jedy-Agba, the Obudu, Cross River state born bureaucrat and lawyer, explained that effectively coordinating the agencies would ensure that they work towards the single aim of providing electricity for Nigerians.

He noted that the provision of capable manpower for the industry, which is carried out by NAPTIN, setting technical standards which is done by NEMSA and provision of power for rural areas, carried out by the REA will remain his cardinal focus.

The NEMSA MD, Ewesor, in his remarks, restated the ban on the misuse of the 33KV lines in the country, noting that it was one of the major causes of load shedding.

He noted that NEMSA would continue to monitor all categories of electrical installations to ensure safety in the industry, insisting that no

electrical installation in Nigeria can be constructed without the certification of the organisation. “We have carried out inspection of new electrical installations of over 5,652 nationwide. When we test transformers, they should be able to transfer voltage from 330 KVA to 132 KVA or 132kv to 33kv and 33 to 11 which we use in houses. They need to meet requirements. “A lot of transformers are imported whose specifications are at variance with regulations.

Like in the Abuja, Kaduna rail project, they used YYN0 transformers. They are contrary to extant regulations which should be BYN11. These have consequences for the power we use in our houses. “Somebody will install 500kv transformer, then use 150 mm as the output cable. What that means is that if the transformer is utilised to highest capacity it’s expected to deliver, it will cause disaster.�

He cited the recent case in Calabar and at the University of Lagos (UNILAG) where a cable fell on a student’s head and she died, maintaining that if they had used the correct conductor, it wouldn’t happen.

He added: “This has led us to issue directives in the power sector for the enforcement of technical standards, specifications and regulations. One of them is that you can no longer use 33kv primary feeder line that’s supposed to carry power from transmitting station to 33/11 kv injection substations. “They are supposed to carry power to substations, which will produce 11/415. We have issued a directive. In line with regulations and national council on power resolution and minimum size of conductors for primary and secondary distribution. “We are making sure meters are viable for our environment. We have for the period of beginning of March till today, tested 273,000 electricity meters.

But we have the challenge of change of tariff by customs when the price of meters have been fixed.

So, they are not able to bring them in. “People in the 11 kv platform don’t have more than two or three hours of supply. No matter the effort, if power don’t get to the people, then all efforts are in vain. “The regulation does not allow 33kva line for secondary distribution. It’s enforceable. Now, there’s a big gap that 11kv is growing, 33kv is decreasing� he said.

Before now, the federal government had disclosed that affluent Nigerians and companies who arbitrarily arrange with the distribution companies (Discos) to be connected to high-capacity 33 kilovolt (KV) power supply feeder lines would no longer be allowed to do so.

Nagode, in his overview of his agency, said the Mambilla project, for example, was capable of employing over 50, 000 Nigerians, through road construction and welding, electrical and technical works, and others.

According to him, NAPTIN has trained over 16, 000 Nigerians and those from other countries with a view to impacting in them new technologies, new skills and modern ways of implementing projects. “We fill the gap between academic qualifications and the skills required to perform in the power sector.

We build graduates of electrical or mechanical engineering with the skills required for them to operate on the power network. “Then we train the foot soldiers, artisans, craftsmen, the technicians, who work operate and maintain the network on cable jointing, systems operations. We have trained more than 15,000.

Those who are already in the system, about 8,000 and those who seek to build careers in the power sector, 7,500� he said.

He said the agency also trains Nigerians in solar energy, mini-grid , energy management, noting that renewable energy remains the future of electricity provision in the country, explaining that the collaboration with the French government by the Muhammadu Buhari administration led to the granting of some funding for manpower training.

REA’s Managing Director, Ahmad, stressed that with an estimated 80 million Nigerians who do not have electricity, the job of the agency was clearly cut out.

Ahmad said the result of the absence of stable electricity was low productivity and low income generation around communities, stating that the agency was working seriously and had already lifted thousands of Nigerians from darkness, especially in rural areas.

He argued that there cannot be development without the provision of stable power supply, revealing that the World Bank has offered a grant of $350 million to boost rural electrification programme, which is also working in collaboration with the African Development Bank (AfDB), which also provided additional $200 million.

On the objectives of the organisation, Ahmad stressed that the REA provides performance based funds to developers for the deployment of mini-grids and solar home systems and the facilitation of productive use of equipment for residents in un-served and underserved communities. “Our major projects include the Nigerian electrification project, the energising education programmes and administration of the rural electrification fund and maintaining an energy data base� he said.

He noted that relying on government funding alone cannot solve the problems of the sector, positing that working with the private sector remains a priority for the agency, which has led to commissioning of solar power in Bayelsa, Niger and several other areas.

Ahmad stressed that the energising education programme, which aims to provide independent power plants for 37 federal universities and several Nigerian hospitals, with several already completed, was still on course.

According to him, three mini-grids have also been provided in Akwa Ibom, Kogi and Kebbi, with more coming in Oyo and Ebonyi states.

The energy data base also managed by the agency, he said, is a pool which indicates areas without electricity in the country, while the rural electricity cooperative society is also ongoing.

‘Seafarers Are Key Workers’ Obiageli Chuma Ugbo Grace Hopper once said, “A ship in port is safe but that is not what ships are built for.� It means a ship must constantly navigate through the sea to meet the purpose she was built for.

The ship is built to move a large amount of goods across the globe, and findings have emerged that without shipping the world would not have been as connected as it is currently.

The most important thought that comes to mind when the keel for a ship is about to be laid is the crew that would man the ship. This is because the crew are the ones who would ensure the ship sails through all kinds of weather. In fact, they weather the storms together and it is through their expertise that the ship manoeuvre through everything it experiences. Sadly, these seafarers sometimes lose their lives in a bid to make the world more enjoyable.

Though people in maritime know that the most important asset in shipping is the human element, the world never really felt how important this set of professionals were until the outbreak of COVID-19 across the globe. The world was not

prepared for the outbreak of the pandemic, so many countries decided to shut all businesses.

Flights were grounded and a lot of industries were seen as not essential. But the shipping chain remained, albeit with a lot of regulations, to contribute its own quota to efforts to mitigate the spread of the pandemic.

June 25 every year is the Day of The Seafarer (DoTS), the day set aside by the International Maritime Organisation (IMO) to recognise the invaluable contribution seafarers make to international trade and the world economy, often at a great personal cost to themselves and their families.

DoTS was first celebrated in 2011, following its establishment by a resolution adopted by parties to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) during their conference in Manila, Philippines, in June 2010. The conference adopted major revisions to the Convention and Code.

Technically, this year’s edition is the 10th anniversary of the celebration and IMO has chosen for it the theme, “Seafarers are Key Workers.� According to the specialised agency of the United Nations in charge of shipping regulation, seafarers are on the

frontline of the COVID-19 pandemic, playing an essential role in maintaining the flow of vital goods, such as food, medicines, and medical supplies.

However, the crisis has led to difficult working conditions for seafarers, including uncertainties and difficulties about port access, re-supply, crew changeovers, and repatriation.

Who does not know how important these people are. Should they not be celebrated alongside the health workers, as the MVPs of this generation?

Without them majority of the drugs and food supplies would not even reach their destination. It is important to note that majority of the economies would have been shut down but for shipping, because the world did not prepare for the effect of the pandemic.

IMO Secretary-General Kitack Lim recently issued a moving personal message to seafarers everywhere, assuring them that IMO understands the unique problems they face during the coronavirus pandemic and has been working tirelessly at all levels to find solutions to them. The message, tagged “you are not alone�, also highlighted the fact that a lot of seafarers face the challenges of repatriation to their home countries and bases

during the pandemic because of travel restrictions, which also made crew change extremely difficult.

It is important to note that back home, the period of COVID-19 also coincided with the appointment of Dr. Bashir Jamoh as Director-General of the Nigerian Maritime Administration and Safety Agency (NIMASA) by President Muhammadu Buhari.

What else could test a budding administration than a pandemic like this? However, the handling of the pandemic by the NIMASA DG has revealed that he is the round peg in the round hole.

Jamoh has continuously issued guidelines on seafarers’ welfare. They include that on the extension of their certificates and other trading certificates, which would ensure that their jobs are not put in jeopardy. Under Jamoh’s watch during the pandemic, the maritime administration has also issued guidelines for crew change and informed the relevant authorities that seafarers are essential workers, who should be allowed free movement, as they are the ones that keep the economy going. t 0CJBHFMJ $IVNB 6HCP JT "TTJTUBOU $IJFG 1VCMJD 3FMBUJPOT 0GmDFS BU /*."4"

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BUSINESSWORLD

ANALYSIS

Enhancing Domestic Gas Utilisation Peter Uzoho writes on the need for the federal government to take urgent steps towards enhancing in-country utilisation of Nigeria’s abundant gas resource to drive economic growth and development

I

t is no longer a matter of debate as to whether Nigeria is endowed with enormous natural gas resource, however, how to use this resource to develop and transform the nation’s economy and add signiďŹ cant value to the lives of its citizens remains a major issue for decades.

For the record, as at January 2020, Nigeria’s proven gas reserves stood at 203.16trillion cubic feet, according to the Department of Petroleum Resources (DPR) –the regulator of the Nigerian oil and gas industry activities.

The nation’s unproven gas reserve is still at about 600trillion cubic feet. These numbers no doubt put Nigeria as a major player in the world gas market as the country currently ranks the ninth largest gas producer globally and the number one on the African continent.

For long, there have been conversations around how Nigeria can leverage the vast opportunities in its gas resource to open up the country for investments, which will in turn lead to massive job creation, enhanced energy efficiency, increased productivity as well as increased revenue to both government and businesses.

Although, Nigeria prides itself as a major exporter of LNG to the world via the Nigeria LNG Limited, making gas available for domestic use through business-friendly government policies and actions will help a great deal in driving economic diversification and competition.

Players in the country’s gas sector are of the view that there is no better time to optimise the potential of the gas resources than now that the whole world is struggling for survival due to the impact of coronavirus.

To them, the pandemic and its attendant economic turmoil has presented an opportunity for the country to look inward by prioritising in-country utilisation of the abundant gas resources.

They believe there should be increased attention to the development of gas infrastructure in Nigeria and the deepening of domestic consumption and utilisation of the commodity in order to boost the country’s economic development.

However, despite the abundant gas potential, Nigeria still struggles to develop and grow its economy, a situation that makes jest of the country at the international front. “Nigeria does represent quite an interesting paradox. We are major resource holders, major exporter of gas, at the same time we struggle on

Sylva the domestic front with de-industrialization, with unmet domestic gas demand and insufficiency in gas supply to the power sector for power generation,� President of the Nigerian Gas Association (NGA), Mrs Audrey Joe-Ezigbo, said.

According to her, over the past few years as economy faced several headwinds both on the macro and micro levels, there has been clamour for diversification of the economy to ensure other sectors are equally vibrant, fully functional and also contribute their optimal best to government revenues.

Joe-Ezigbo added that “Gas as we know, is a resource that has the potential to be key driver of industrialization, rapid economic advancement in Nigeria and we see this in several countries that have successfully leveraged their gas resource as feedstock to industry to power their economy. “Gas is a sector that provides large scale employment. For a country like Nigeria that has the kind of unemployment statistics that we do, we significantly need to ramp up utilisation of gas to create value. “We know that in using gas for the economy, we are able to create direct employment through the exploration activities, in production, transportation and distribution of natural gas.

We are able to provide indirect employment through the industries, the manufacturing sectors and value chain support system that

feeds into the natural gas industry.�

She maintained that there is induced employment because as the welfare of those employed in the industry grows, they are able to inject that income in to the economy and create a further cyclical demand for goods and services that are out of the gas industry.

Joe-Ezigbo, said over the last few years, “we have seen a ramp up in domestic gas utilisation but we agreed that export gas still dominate the profile of gas in Nigeria.�

She further said: “Coming out of what has happened with the pandemic, one of the key things that we have realised as a country is that there is a need to focus on in-country utilisation. “We need to create the channel through which we utilise our own gas in-country to create capacity, to build technology and ensure industrialisation and certainly it will provide the power that we need. “Whether we talk about driving industrialization, energy sufficiency, agricultural and food sufficiency and accelerating non-oil income generation, there is need to leverage gas resources to create jobs.�

For the Managing Director of Seplat Petroleum Development Company Plc, Mr. Austin Avuru, Nigeria should begin to pay more attention to domestic gas consumption in addition to gas export as a way to drive massive economic growth and development. He said while the country earns revenue through liquefied natural gas (LNG) export, more critical should be to encourage domestic gas consumption because of its multiplier effects.

Avuru noted that delays in gas infrastructure development had denied Nigeria the needed economic growth, including the power supply challenge currently being suffered by the citizens.

According to him, “in almost 50 years of our industry up to 2010, domestic gas consumption was no more than 300million standard cubic feet per day (mmscfd). When the gas-to-power mantra started, we assumed a transition period of about 2012 to 2015 with a ramp up in power generation and distribution and the projection was that by 2015 to 2017, domestic gas consumption will go up from 300mscuf per day to about 2 billion standard cubic feet per day (bscfd). “It did ramp up quite rapidly between 2013 and 2015 from 300 mscfd to 900mscfd. In the last five years since 2015, that consumption figure has almost remained flat at about 900mscfd

to 1.1bscfd. “The reason is that for this five years period, power generation has remained flat at about 4,000 megawatts (Mw), when we are supposed to be at about 15,000Mw.�

Avuru pointed out that one of the major constraints associated with sending gas for infrastructure and big industries was inadequate transmission infrastructure.

He said that a combination of delays in finishing gas transmission infrastructure and the fact that power generation has not gone up at all in the last five years meant that, “since we ramped up domestic gas consumption rapidly within three years to about one bscfd, we have stayed that way for the past five years without further increase.�

Interestingly, however, in the current COVID period, the need to increase availability of gas to power Nigeria’s economy becomes more obvious as most of the manufacturing industries witnessed no disruption in their operation because they use natural gas to power their engines.

The crucial role of gas in powering critical infrastructure and industries such as power plants, hospitals and manufacturing industries attests to the need for the resource to be made more available for consumption in the country.

For instance, most of the notable packaged food/consumer goods industries like Chi Limited, Anxin Industrial Technology Nigeria Limited, Promasodor Nigeria, Apple & Pears Limited, who use gas as a cleaner fuel to power their plants are relishing the value they are getting from using the resource.

According to them, using natural gas instead of diesel guarantees them power availability and higher efficiency, hence the need to expand access to it in the country. “The use of natural gas to fire our gas engines has really improved our power availability, thereby resulting in higher efficiency,� Coordinator, Power Generation, Promasidor Nigeria Limited, David Okhimamhe, told THISAY. Apart from helping to reduce maintenance cost, and carbon emission and fuel spillage-two major environmental hazards, Okhimamhe listed some other inherent benefits they enjoy from switching from a dirty fuel to natural gas as “increased stability and availability because it is our primary source of power. “Availability of natural gas minimises production down time because there is no power changeover during production process.�

Post Covid-19 IGR Architecture Bicci Alli The Global Covid-19 pandemic has impacted severely on governance and administration at federal and state levels. Principle of federalism as entrenched in the constitution is being practiced partially to the benefits of all and sundry.

In the fight against Covid-19, the federal government’s role has been limited to providing general guidelines and supports while governors adopt strategies best suited for their own state without rancour.

State governments are in the forefront of fighting the pandemic within their states, increasing resources for public health efforts, imposing various forms of curfews and lockdowns which resulted in closure of schools, religious places, markets, businesses.

Contributions of individuals and organised private sector toward fighting the pandemic have been considerable and extraordinary.

Covid-19 being health crises that affects all, stimulates public participation in governance and deliberation on solutions. Governors rightly devote more of their executive time to fighting the pandemic.

Winter is Here As states relax curfews, lockdowns and open for business, state governors will have to come up with means of generating

sustainable revenue to meet ever increasing demand for non-revenue generating social service delivery.

Unbudgeted but substantial investment in health sector across the states is the order of the day. Methods and means of conducting government businesses have to be remodelled against the background of physical distancing.

Palliatives are also being distributed to ease the burden of ‘stay at home’ on the most vulnerable members of the public. Considerable resources must also be deployed in enforcing public health laws and regulations.

However, drop in prices of crude oil, has resulted in reduction in allocation from the federation accounts to states. Staff layoffs, decrease in salaries and income also impact negatively on personal income tax which forms the bulk of most states’ IGR. With drastic reduction in revenue, the temptation might be to borrow to finance budget and embark on aggressive tax collection.

At this time, it’s going to be very difficult for states to raise needed finance through borrowings. Likewise, tax payers will resist any form of aggressive tax collection. This is the time government is expected to show empathy and support businesses to weather the storm.

New IGR Architecture; Covid-19 Template The Covid-19 pandemic provides opportunity

for governors to build sustainable revenue architecture for their states. The efforts of our governors in effectively and efficiently managing Covid-19 are commendable.

As incident managers, governors are leading the fight from the war front.

They receive daily briefings on Covid-19, immediate and needed executive decisions taken. Most states have in place interministerial task force made up of professionals with proven track records in their chosen field.

Up to date information are provided to the populace. Organised private sectors are brought on board in the fight against Covid-19.

Where and when necessary, appropriate laws are enacted and assented to with dispatch.

State government have been firm in applying enabling law on Covid-19 without fear or favour; no sacred cow. There is unimaginable collaboration amongst ministries, departments and agencies of governments in the fight against the pandemic and service delivery improved upon greatly.

Government and majority of the populace are on the same page for the first time in several years. Generally, public perception of federal and state governments have been positive.

It is a known fact that 90 per cent of Nigerian states depend on allocation from the federation accounts to the tune 85 per cent to finance

their budget. One of the principal reasons for this pathetic situation is the disconnect between the government and tax payers.

To survive the winter, government must build on the good will occasioned by their proactive management of Covid-19, sustain connection with public at large and adopt same template and energy used in dealing with Covid-19 pandemic in the IGR drive.

Internally generated revenue drive of the state must be a front burner issue for the governor as demonstrated in the fight against the scourge of Covid-19.

Revenue process and management should in the hands of tested professionals within proven records. Revenue leakages must be blocked immediately.

As IGR incident managers, our Excellencies must continually engage the populace on the need to pay taxes and take full ownership of IGR process.

Covid-19 pandemic has demonstrated beyond any doubt the importance of government.

Our governors must also ride on the goodwill and positive public perception to demand for payment of taxes as sustainable means of financing quality public service delivery.

It must be emphasised that this is not the time to increase tax rate or introduce new taxes.

Alli, a tax practitioner wrote from Lagos

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T H I S D AY Ëž Í°ÍąËœ Í°ÍŽÍ°ÍŽ

FBN Holdings Consolidates Leadership through Divestment FBN Holdings’ transfer of its majority equity in FBN Insurance totheSanlamGroupisaboontoitsoperationswhilecementing leadership of the banking sector, writes Goddy Egene ivestment is the deliberate business process of letting go of an asset or investment by the owner or investor to another company or investor. It is an age-long business practice usually undertaken for a diverse number of reasons. It could be as a tactical restructuring exercise, or some necessary measure necessitated by business survival or the desire to harness and optimise potentials.

Divestment: Strategy’s Missing Link, published in the ‘Harvard Business Review’ of May 2002 illustrates the power that can be unleashed with the deliberate adoption of divestment as a focusstrategy. The article notes how “smart apple farmers routinely pick and discard some perfectly good apples, ensuring that the remaining fruit gets the energy needed to reach full size and ripeness. Only through such careful, systematic pruning does an orchard produce its highest possible yield.�

The lesson is that managers and corporate entities need to embrace divestitures by pruning off non-core business units to achieve greater operational efficiency.

Famous author, Zig Ziglar, affirms same in one of his bestsellers. He notes that: “You will never realise more than a small fraction of your potential as a wandering generality. You must become a meaningful specific�. Broken down, this counsels that one needs to subject one’s aspirations to the difficult virtue of single-minded focus to unlock fully, the most returns on our core skills and competencies.

D

Creating greater shareholder value A McKinsey & Company study of the performance of the 200 largest United States corporations from 1990 to 2000 revealed that companies that actively combined divestment in managing their business portfolios created substantially more shareholder values than those that passively held their businesses.

Some legendary executives that leveraged tactical divestiture programs to remarkably enhance the fortunes of their organisations, according to the earlier Harvard Business Review, include Jack Welch.

He is on record to have divested 117 business units during the first four years of his tenure as chief executive officer (CEO) at General Electric (GE). In the process, Welch transformed the performance of the energy giant to levels unprecedented before his stewardship.

Proactive divestment fast becoming a trend Unsurprisingly, major organisations across markets and sectors worldwide are increasingly embracing divestment to strengthen their hold as market leaders. Some of the significant corporate decisions of the past six to 12 months are evidence, For instance, in September 2019, GE commenced the process of offloading its 50.4 per cent ownership in Baker Hughes, an oil and gas company in continuation of a series of strategic divestments from non-core business concerns to focus on its core business of manufacturing of jet engines, power plants and renewable energy.

Sweden’s auto giant, Volvo AB in December 2019 announced plans to sell its Japan-based UD Trucks business to Isuzu Motors as part of efforts to improve its cash pile and refocus the company to where it is most potent.

Kellogg Co revealed in March, plans to sell some assets including cookie brands Keebler and Famous Amos, as well as its fruit-flavoured snacks, pie crusts and ice-cream cones businesses to Nutella maker Ferrero Group to focus on its core strength of cereal and snacks businesses.

In Nigeria, FBN Holdings Plc in April 2020, revealed it was in discussions to divest from its insurance business as part of a broader strategy to focus on the group’s core business of banking.

Strategy Imperative to ďŹ nancial services sector challenges Current realities in the financial services sector headlined by the incursion of smart FinTechs, resources-rich Telco operators, and nimble mobile wallet providers leveraging a plethora of technological innovations to meet the financial services demands of the ‘NOW’ marketplace, are forcing many traditional banks to reconsider their operations in the new competitive landscape.

Also, marketplace exigencies demand they execute a fundamental shift in their operating structures and customer engagement models to an always-on approach to be able to earn and retain today’s 24-7/365 demanding customer.

However, this shift requires new tools and massive investments. Like FBN Holdings, more banks are turning to divestments as a strategy that will unlock both the greater efficiency required to cope through a streamlined business model and the investments essential to the adoption of requisite technologies and tools.

According to the Ernst & Young 2020 Global

Buhari Corporate Divestment Study, 85 per cent of financial services respondents plan to divest businesses, assets and portfolios within the next two years.

And according to Tim Buckley, Director of Energy Finance Studies at Australasia in the IEEFA Report for 2019, “over 100 globally significant financial institutions have divested from thermal coal‌â€?.

FBN Holdings: Pivoting to core banking Following FBN Holdings’ just concluded divestment from FBN Insurance, the Group Managing Director, U.K. Eke said: “The successful divestment is one more step in the direction of our medium to long term strategic objective of focusing on our area of core competence, for greater efficiency, and deliver greater value to all our stakeholders.�

The core competence he referred to is the banking business which has been contributing the most to the group’s bottom line. In the financial report for the year ended 2019, First Bank contributed 88.2 per cent to gross earnings, and 85.2 per cent to the profit before tax of the group.

New generation and shared leadership For over a century, First Bank held sway as the leader in Nigeria’s financial services sector.

Though it remains the most valued banking brand, the increasing dynamism in the sector has seen the bank cede some part of its sectoral leadership to a couple of other institutions that gained market shares following their emergence as new generation banks in the 1990s.

However, in pursuit of its brand purpose to always put customers, partners and stakeholders at the heart of its business, while standardising customer experience and excellence in financial solutions across sub-Saharan Africa, the management at FBN Holding has taken strategic steps at reclaiming category leadership of the banking sub-sector in recent years. One such measure has been the deliberate re-tooling of its operational models with technology and innovations.

This committed effort to upscaling its digital banking in Nigeria has been quick to yield commendable results. For example, First bank was the first to issue over 10 million debit cards in Nigeria. Over 228 million users on its USSD banking service through the nationally acclaimed *894# banking service and First Bank pulled in over 3.4 million users on its Firstmobile platform.

Primed for full banking sector leadership However, these substantial strides are about to get better for the Nigerian banking public going by the words of CEO of First Bank, Dr Adesola Adeduntan. Commenting on the bank’s performance in the 2019 financial year, he said: “Overall, we are pleased with the progress that has been made in our digital journey as over 85 per cent of our customer-originated transactions are now processed on digital channels. We will continue to leverage technology to offer superior customer service and enhance operational efficiency.

With this divestment therefore, the apple farmer has pruned the vineyard, letting go of a perfectly good insurance business apple. The FBN Holding orchard is about to deliver bountiful harvests of first-class modern banking solutions in a technology-immersed future to the youth and the youth-at-heart.

NNPC, Seplat Build 200-Bed Infectious Disease Centre in Imo Amby Uneze in Owerri The Nigerian National Petroleum Corporation and Seplat Petroleum Development Company Plc (NNPC/SEPLAT) joint venture partnership have selected Imo State as the choice site to build the Covid-19 Infectious Diseases Medical Centre for the South-east zone.

The Minister of State for Petroleum, Chief Timipre Sylva disclosed this at the weekend, while performing the ground breaking for a permanent construction of a 200-bed Emergency and Infectious Disease Hospital for Eastern Region located at Imo State University Teaching Hospital Orlu, IMSUTH. The Minister said the project is one of the three categories of the NNPC and Seplat Petroleum Development Company’s intervention initiatives aimed at assisting states in the six geo-political zones to curb the Coronavirous pandemic in Nigeria which anchors on delivery of medical infrastructure.

He explained that the other key thematic areas are provision of medical consumables and the development of logistics and in-patient support system.

According to Sylva, aside NNPC, other participants in this

initiative include international oil companies and indigenous producers, major oil marketers, crude oil and products traders, depot owners and petroleum product marketers.

In his address during the ceremony, Governor Hope Uzodimma, who expressed gladness, said the project when completed would save lives and make Imo people and environs much healthier.

He extended his gratitude to President Mohammmadu Buhari, whose initiative brought the Nigerian oil and gas sector, ably led by the NNPC, in conjunction with Seplat, to agree to partner the state to erect the befitting medical edifice in the state.

The Governor was optimistic that construction of the hospital would address other contagious diseases such as coronavirous, HIV/AIDS, Cholera, Ebola, Avian Flu and Hepatitis, to be effectively controlled and contained.

In his remarks, the Chairman of Seplat Petroleum Development Company, Dr. A.B.C. Orjiako stated that the project was to support Imo state towards strengthening the state’s efforts in its fight against the management of the current pandemic and to be a centre for the treatment of

all forms of infectious diseases.

Orjiako, assured of his company’s continued support to the state through their Corporate Social Responsibility (CSR) philosophy which hinges on proactively providing for the wellbeing of citizens of the host states/communities of operations.

He added that the hospital would be completed in 18 months and fully equipped with medical facilities for sustainable services at the initial cost of about $1.2 million.

Also in his remarks, the Group Managing Director, NNPC, Mr. Mele Kyari, described Imo as the most peaceful operating environment of oil and gas industries in Nigeria. He said President Buhari charged them to use the opportunity to project the state, as he promised of a modular refinery to be sited in the state soon.

He noted that the facility is one of the 12 hospitals which the NNPC intends to construct across the six geopolitical zones in the country.

The NNPC in collaboration with its partners embarked on this initiative to strengthen the country’s national healthcare delivery facilities in combating the ravaging Coronavirus (COVID-19) pandemic sustainably.

EduTech Harps on Decentralised Learning for Schools Emma Okonji Given the adverse economic effect of COVID-19 on global educational system, the General Manager, EduTech, Mr. Olufemi Shonubi, has advised the federal government to adopt a decentralised learning process for schools.According to him, the negative effects of the pandemic has necessitated the search for a convenient school system to strengthen learning in the country.

EduTech is an establishment geared towards transforming education with hands-on and technology-based learning solutions in educational campuses and organisations.

Shonubi said although the model was still desirable in the country due to the gap between demand and access to quality education, the outbreak of COVID-19 has made it so imperative that any country that delays in adopting it will play catch-up in the future and pay the price with low skilled and

half-baked graduates.

He said: “In recent years, the provision of e-learning solutions was necessitated by the growing gap between demand and access to education. Considering the current situation brought about by the novel Coronavirus (Covid-19) pandemic, however, we are finding that e-learning solutions are needed now more than ever.�

He further explained that in a bid to lead the way in achieving his initiative, his company has successfully launched a new e-learning platform, VigiLearn 3.0, which will enable individuals to gain valuable knowledge through short courses as well as full degrees from reputable Nigerian universities.

According to him, “the launch of VigiLearn 3.0, EduTech is perfectly poised to provide access to quality education to all and sundry. Learners, whether at undergraduate, postgraduate or even professional levels will experience unparalleled ease as

they have a unique opportunity to add value to themselves during this period of isolation and thereafter. “VigiLearn 3.0 is the latest installment in a series of learning management platforms introduced by EduTech, and it boasts of an improved virtual classroom experience improved user management capabilities, big data analytics and seamless social networking functions which all combine to provide a significantly improved user experience for platform administrators, tutors and learners.�

The VigiLearn platform presently houses e-learning content for nine-degree programmes across Ahmadu Bello University and Obafemi Awolowo University which has given individuals the opportunity to gain undergraduate and postgraduate degrees without putting their lives on hold. All degree programmes enjoy National Universities Commission (NUC) accreditation,� Shonubi said.

Facebook to Meet Digital Literacy Needs in Nigeria, Others Emma Okonji Facebook has announced the launch of “My Digital World�, a programme designed to equip the youth and general public across sub-Saharan Africa with digital skills needed to navigate the digital world.

My Digital World is a consolidation of all Facebook digital literacy programs including Safe Online with Facebook, Ilizwe Lam, and eZibo and will be offered virtually this year to

adapt to the COVID-19 pandemic.

Facebook has over the years trained thousands of people on digital literacy skills and is this year preparing to train close to 20,000 participants across Nigeria, South Africa, Kenya, Zambia, Senegal, Cote D’Ivoire and Ethiopia on safe, responsible and beneficial usage of the digital platforms.

Commenting on the announcement, Policy Programmes Manager for Economic Impact and Digital Literacy, Facebook,

Phil Oduor, said: “We remain committed to equipping young people and the general public across sub-Saharan Africa with the vital digital skills needed to navigate the digital world, especially during these challenging times of COVID-19. Never has it been more important to invest in, and train communities and the next generation of leaders to better understand and utilise the power of digital tools to take full advantage of what the internet has to offer.�

T H I S D AY ˾ TUESDAY JUNE 23, 2020

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PROPERTY & ENVIRONMENT Julius Berger Achieves 37% Increase in Turnover in 2019, Says Richter Bennett Oghifo

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he Managing Director of Julius Berger Plc, Dr. Lars Richter has said the company closed the 2019 financial year with great success, achieving an increase in turnover of 37%; and with an extraordinarily high cash flow and increase in profitability.

According to a statement by officials of Julius Berger, Richter stated this at the company’s 2020 annual general meeting, directed by the Chairman, Mutiu Sunmonu and coordinated from its headquarters in Abuja, with board members, Mr. Ernest Chukwudi Ebi, and Mrs. Gladys Talabi and other shareholders also participating virtually at its Lagos office.

The statement said Julius Berger paid out a dividend of two naira for every share of 50kobo held, as well as a bonus share to shareholders for the business year ended December 31, 2019.

The managing director

reviewed Julius Berger’s business for the reporting year, 2019, with specific focus on the current status of the company’s operations since the COVID-19 pandemic, with a projection on their outlook for 2020 and beyond.

He listed some of the company’s successes in the last decade, stating, “2019 was the last year of the decade, and we ended it on a very high note.” He hinged the success on “powerful operational performance, where Julius Berger increasingly modernised its human resource structures and systems, invested in new equipment and advanced its work, while maintaining top standards for quality and record-breaking HSE performance and achievements, as well as identifying and exploring opportunities for diversification of its business.”

The statement said “Richter also gave kudos to the highperforming subsidiaries of the Julius Berger Plc Group, mentioning Abumet Nigeria Limited which expanded on

its product portfolio, with the development of an insulated glass production line, under the brand EVONIG GLASS and Julius Berger Services Nigeria Limited (the company’s maritime subsidiary at the Warri Port) which launched a cooperation agreement for a liner service between Northern Europe and Warri Port as well as Julius Berger’s furniture facility, AFP, which worked to expand its market share with the opening of its showroom in Lagos, Nigeria’s commercial and business capital.”

He listed projects the company successfully acquired in 2019 to include Office of the National Security Adviser, New HQ Abuja; New Technology Building, Abuja; rehabilitation of Control Towers at Tin Can Island Port and Lagos Port Complex, Apapa; International Worship Centre, Uyo, Main Contract scoped at 9,000 m2 with a capacity holding for roughly 5,500 visitors; and construction of Rumuokoro,

Garrison, Artillery flyovers in Port Harcourt.

Other major and ongoing projects of the company include works for the delivery of the Abuja-Kaduna-ZariaKano Road where a partial handing over was implemented on December 19, 2019, in section 2 (10 km on the

southbound) and on February 6, 2020, in section 3 (7.4 km on the northbound); the Second Niger Bridge where Julius Berger is working day and night to ensure timely project completion and where the last pile cap across the Niger was placed, only a few weeks ago; the Lagos-

Shagamu Expressway where work continues to progress steadily; the Bodo-Bonny Road, a key priority project where progress continues to be achieved daily and the road at Bodo has nearly been completed and the main structure of the AFA bridge is, indeed, completed.

L-R: Julius Berger’s Board Members, Mr. Ernest Chukwudi Ebi; and Mrs. Gladys Olubusola Talabi at the Lagos co-location of the virtual AGM of Julius Berger Nigeria Plc., in Lagos… recently

Housing Development Will Fuel Economic Development, REDAN Advises Govt The President of the Real Estate Development Association of Nigeria (REDAN), Mr. Aliyu Wamakko, has called on federal, and state governments and all relevant stakeholders to actively engage in housing construction to stimulate the economy for overall national development.

Wamakko, the 4th president of REDAN, who was sworn in February, said he was excited by the Central Bank of Nigeria’s (CBN) interventionist move which arose from COVID-19

tragedy, stating that it would undoubtedly open new opportunities for Nigeria.

He said: “Not too long, the CBN Governor, Mr. Godwin Emiefele, made a declaration that a lot of interventions will come in with some monies to sectors that will assist in stimulating the economy from the pandemic and the real estate sector is appropriately captured.

“I believe, this is a step in the right direction because capturing the real estate and

housing sector means you are deliberately revitalising the micro economic sector right from the rural areas, because building about 100 housing units, for instance, entails creating over 250,000 jobs, through engaging labourers, bricklayers, carpenters, not to mention those involved in sales of building materials etc.”

The REDAN boss, who is the CEO of Jedo Investment, urged government to recapitalise the Federal Mortgage Bank of Nigeria (FMBN) from its N5

billion dismal capital base, adding that the apex mortgage bank is the only avenue from where developers take loans for building houses across the country at 1% interest rate.

According to him, recapitalising the bank entails more mortgages for developers to build social houses, which is a way to mitigate the COVID-19 pandemic.

On benefits of developers joining REDAN, he said: “Members can only buy-in

into the association when they are guaranteed benefits.

As president, we shall be working more closely with FMBN, Family Homes Loans (FHL), NMRC and other bodies to optimise their potentialities for the ultimate benefits of building affordable houses for Nigerians, stressing that REDAN has kick-started a project with FMLs to build houses across the country.

“The association is also liaising with the Special Control

Unit against Money Laundering (SCUML) a unit domiciled in the Economic and Financial Crimes Commission (EFCC) to make sure that the industry has no crooks and quacks, so as ensure integrity of members.”

According to him, the new executive would be taking advantage of the new anchor developers’ scheme as a way of developers pooling their financial resources together to leverage on quick and efficient production of houses.

workers on our payroll, who rely on these jobs to feed their families. We are happy to be supporting these groups as it is a win-win situation for them and us,” he said.

He stated that the semidetached apartment featured the following; Interlocked compound; Dwarf gate and fence; Borehole and Scaffolding; Installation of exterior doors (front door & kitchen door only).

Others include; exterior paint-

ing; interior POP; plastering of the interior walls; wiring (running of the wires through the conduit in the walls); plumbing work (running of pipes, dug borehole, tank scaffolding); and 18 hours minimum power supply (no generator allowed).

A duplex unit which goes for N27 million comes with a payment plan. The payment structure is outright, six months and 12 months plan, he said.

He stated that unit(s) will be

DNJ Launches Vantage Court Phase 2 Fadekemi Ajakaiye DNJ Properties and Investment Ltd., has launched the 2nd phase of its Vantage Court in Lagos.

Vantage Court 2.0, which is located within Richland Gardens, Shapati along Lekki/ Epe Expressway constitute semifinished 40 units semi-detached duplexes with BQs. One of the co-founders, and Managing Director Brand & Corporate Management, DNJ Properties, Mr. John Okoria stated that DNJ Properties and Investment Ltd is in its 3rd year of operation and already sold

out Vantage Court 1.0 early this year.

He stated that the middle income group is the target market for their properties at Vantage Court.

Each unit is sitting on 90sqm and these duplexes expected to be ready by November 2020.

The delivery timeline is 10-12 weeks, he said.

Okoria complained about the poor drainage system on the Lekki axis, which further aggravates the issue of flooding in Lagos. “We employed raft foundation in our buildings, which are higher than the

road level, and helps to prevent flooding,” he said.

“All the water release from Shapati area, as big as it is flows to our own drainage channel, which is not big enough to contain it. “If we have estimated to spend about N22 million on our drainage channel, we now have to increase to about N40 million to widen the drainage channel. We plead with the Lagos State Government to come to our rescue and help put drainages in appropriate places,” he said.

“The mortgage system in Nigeria is another challenge as it is not yet developed. Accessing

L-R: Executive Directors of DNJ Properties, Mr. Olaniyi Olaniyanu; Mr. Johnson Ikpenu; Mr. John Okorie; and Mr. Adedeji Adeoye, at the launch of Vantage Court in Lagos… recently

these mortgage takes about 6-8 months, of which the project is already done, we cannot wait that long to execute projects. This process slows us down and affect make some our clients to lose out on good deals,” he said.

Okoria stated that despite the pandemic, people, especially artisans still turn out to work for their survival and that of their families. “There was a time back then we had our head count and almost 500

Group Alleges Enugu is Grabbing Land, Govt Denies it A group in Enugu State has alleged the government’s officials are acquiring land in several communities without due process and has appealed to the governor to intervene.

However, a senior official of the government, who asked to be anonymous because he was not authorised to speak, said it was not true that the government was grabbing community land and that the allegation was “concocted by some disgruntled persons who were out of favour with the government.

“The government is aware of plans by these people to cause disaffection in some communities in the state,” the official said.

Regardless, a statement by the group, signed by Mr. Okechukwu Ogbodo, said the government was taking over their land and that it had plans to take over more.

The group said in the last five years, some communities and individuals had lost their land to the state government, adding that some officials of the government take undue advantage of the government’s authority to grab land which they either build on or sell at will.

They appealed to the governor to stop these acts, by using his position as the custodian of the state’s land under the Land Use Act, stating that the actions of these

officials reflected badly on his administration.

“In Enugu State now, there are several estates linked to these government officials.

No place is exempted by this evil act of land grabbing.”

They listed communities affected as Orba Town in Udenu LGA in a community called Owerre Ezeorba; Nsukka, in Nsukka LGA in Agbani Nguru Nsukka, where some government officials allegedly “destroyed people’s crops and were about to start erecting buildings therein before the people rose up to challenge their evil inversion. It took serious protest by the people of Nguru Community to scuttle that move.

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IMAGES

Julius Berger Nigeria Plc Shareholders at the company’s virtual AGM observing NCDC social distancing protocols during the meeting which held between co-locations in Abuja and Lagos...recently

T H I S D AY Ëž Í°ÍąËœ Í°ÍŽÍ°ÍŽ

Photo Editor ĂŒĂ“Ă™ĂŽĂ&#x;Ă˜ ÔËÖË Email Ă‹ĂŒĂ“Ă™ĂŽĂ&#x;Ă˜Ë›Ă‹Ă”Ă‹Ă–Ă‹ĚśĂžĂ’Ă“Ă?ĂŽĂ‹ĂŁĂ–Ă“Ă Ă?Ë›Ă?Ù×

L-R: Permanent Secretary, Ministry of Health and Human Services, Dr. Mrs Olufolakemi Olomojobi; Commissioner for Health and Human Services; Dr Mrs. Mojisola Yaya-Kolade; and Ekiti State First Lady and Chair, Ekiti Gender Based Violence (GBV) Management Committee, Erelu Bisi Fayemi; during the committee’s advocacy visit to the Ministry in Ado-Ekiti...recently

The new Oniru of Iruland, Oba Abdulwasiu Omogbolahan Lawal, (Abisogun II) middle anked by Lagos State Executive Members during a visit to his Palace in Eti-Osa, Lagos...recently

L-R: Assistant Commissioner of Police, Mr. Dankaro Yakubu, representing Ogun State Commissioner of Police, Mr. Kenneth Abrimson, Ogun State Controller of Prison, Mr. Victor Benson, Ogun State Chief Judge, Justice Mosunmola Dipeolu and the Ogun State Attorney-General and Commissioner of Justice, Mr. Akingbolahan Adeniran, at the Inaugural Meeting of the Administration of Criminal Justice Monitoring Committee (ACJMC), held at Judiciary Complex, Kobape, Abeokuta...recently

Chairman, Plateau state Research Committee on the Treatment and Cure for COVID-19 and other Infectious Diseases, Prof. Noel Wannang (right) and Sexretary of the committe, Dr Davou Daniel during a press brieďŹ ng on the update of the committee in Jos...recently

L-R: Governor. Seyi Makinde of Oyo state; Okere of Saki, Oba Khalid Olabisi-Ayinla; Deputy Governor, Mr Rauf Olaniyan; and Secretary to the State Government, Mrs Kemi Adeosun, during the commissioning of rehabilitated Oyo State Agribusiness Development Agency (OYSADA) Headquarter in Saki, Oyo state... recently

Adamawa Operations Controller, Ministry of Humanitarian Aairs, Disaster Management and Social Development, Hajia Zainab SaďŹ yanu (right) assisted by an oďŹƒcial of Adamawa state Emergency Management Agency, presents COVID -19 palliative to Sakinatu Bakari, during the commencement of distribution of food items to people in Yola...recently

TUESDAY JUNE 23, 2020 • T H I S D AY

23

T H I S D AY Ëž Í°ÍąËœ Í°ÍŽÍ°ÍŽ

24

FEATURES

Group Features Editor: Chiemelie Ezeobi Email chiemelie.ezeobi@thisdaylive.com, 08038901925

Interrogating the Federal Character Principle and Presidential Power Tajudeen Kareem

T

he workability of the Federal Character principle has come under scrutiny lately during the screening and confirmation hearing of the 38 members of the FederalCharacter Commission. This is a modest attempt to elucidate and provide more explanation on a topical national issue often misconstrued by many.

On Tuesday, June 2, on the floor of the Senate, members made a feeble effort to rationalize the perceived sectional appointment of administrative and political heads of the Commission. The bone of contention is the ‘un-federal’ decision of President Muhammadu Buhari to appoint two ‘northerners’ as chairman and secretary of the FCC. The chairman, Hajia Fareedah Dankaka hails from Kwara State while the incumbent secretary is from Taraba State.

At the senate session, the Senate Minority Leader, Senator Enyinnaya Abaribe made an observation on what was generally, albeit erroneously, perceived as lop-sidedness in re-constituting membership of the commission. For the sake of proper analysis, we quote relevant portions of a story published by Thisday newspaper: Abaribe had kicked against the emerging situation of Nigerians from the same part of the country occupying the Chairmanship and Secretary-ship positions of the commission.

The Minority Leader, who made the observation before the confirmation of appointments of the nominees, said the two principal positions in the commission have always been occupied on the basis of north and south.

According to him, over the years, while competent Nigerians from the north have been appointed as Chairman of the Commission, the Secretary to the Commission has always been from the south in line with Section 14(3) of the 1999 Constitution as amended.

Appointment of Mohammed Bello Tukur from Taraba State in 2017 as Secretary of the Commission by President Muhammadu Buhari gave the impression that a new Chairman would be from the South but nomination of Dr Muheeba Dankaka from Kwara State as the new chairman, violated the age long principle.

The Senate needs to look into this in the spirit of the principles of federal character itself.

Contributing, the Deputy President

Buhari of the Senate, Senator Ovie Omo-Agege said the submission of Abaribe is targeted at the powers of President Buhari on nomination and appointment of competent Nigerians into public office.

According to him, though the issue of balancing raised by Abaribe as regards the two principal positions of the commission is germane but perceived anomalies would be corrected in months to come. President Buhari is aware of the need to balance the positions and will do that when the tenure of the incumbent secretary expires in February next year. ‘Mr President, this issue has been in the public domain since the nominees were sent here for confirmation and since there is window of redressing perceived anomaly in a few months time, I will urge us to please forge ahead with the confirmation,’ he said.

Flowing from the above, we can isolate two germane issues. First, Senators misconstrued the application of the principle of federal character as it relates to the appointment of 38 members of the Commission as prescribed under Section 153 of the 1999 Constitution of the Federal Republic of Nigeria. Specifically, the Third Schedule, Part 1C of the Constitution says the Commission shall comprise of a chairman and representatives of each state of the federation and the FCT. The FCC has, speaking to the Constitution, 38 members!

Besides the constitutional provision quoted above, the FCC was also midwifed by a separate law. The FederalCharacter Commission Establishment

Act of 1995 provides in Section 9 for the office of the Secretary to the Commission.

Under this Act, the secretary is not a member of the commission; he is in fact, a staff of the commission; he functions as the head of the commission’s secretariat; and he is appointed by the President.

The above explanations are clear, unambiguous and ought to be properly interpreted. But politicians, including lawyers, may choose to be guided by politics mixed with emotion.

Going forward, the FCC, over the years, has evolved guidelines and measures to shape its operations. We shall come back to these soon.

The kernel of this discourse is the misinformation by politicians and journalists. My brother, Olusegun Adeniyi, in his column, The Verdict, also joined the fray when he wrote, inter alia: â€œâ€Śdespite the absurdity of an agency established to enthrone fair play in a federal system subverting its own ideal, President Buhari has nominated Fareedah Dankaka (from Kwara State) to chair the Federal CharacterCommission.

This is against the background that in March 2017, the president had appointed Mr. Muhammad Bello Tukur (from Taraba) as the Commission’s Secretary and Chief Executive Officer. So, the FCC that is established to “promote, monitor and enforce compliance with the principles of proportional sharing of all bureaucratic, economic, media and political posts at all levels of government� already has a leadership that is sectional.�

Has the President violated any legal or moral code in appointing the chairman from Kwara when the seating secretary hails from Taraba? The answer is NO. The two offices are not on the same platform so there is no juxtaposition. The office of chairman is a creation of the Constitution whereas that of the secretary was created by the FCC Act. That is why one state can produce the chairman and still produce a member of the Commission. It is therefore awkward to argue that the two must be viewed from the prism of the federal character principle.

That amounts to subtly questioning the judgement and authority of the President.

The Commission was established by Act No 34 of 1996, now cited as FCC Act. Cap F7 Laws of the Federation of Nigeria 2004, which mandates it to implement and enforce the federal character principle and formulae for equitable distribution of public posts, socio-economic amenities and infrastructural facilities across the country.

When the federal character principle appears in national discourse, many are wont to limit this mandate to mere distribution of positions and offices. To be sure, the principle mandates FCC to ensure that each state of the federation and the Federal Capital Territory are equitably represented in all national institutions and in public enterprises and organizations.

The guiding principles of federal character remain equity and fairness. It cannot be parity as some are wont to argue. Specifically, the FCC Act, under guiding principles and formulae for the distribution of posts says: i, Each State of the Federation and the Federal Capital Territory shall be equitably represented in all national institutions and in public enterprises and organisations. ii, The best and most competent persons shall be recruited from each State of the Federation to fill positions reserved for the indigenes of the State or the Federal Capital Territory. iii, Once a candidate has attained the necessary minimum requirement for appointment to a position, he shall qualify to fill a relevant vacancy reserved for indigenes of his State or the Federal Capital Territory. iv, Where the number of positions available cannot go round the States of the Federation or the Federal Capital Territory, the distribution shall be on zonal basis but in the case where two positions are available, the positions shall be shared between the northern and the southern zones.

Item number iv above is particularly relevant to the present discourse. The number of positions available at FCC as discussed at the Senate did go round all the States and the FCT. Every State as well as the FCT has a commissioner as a statutory member of the Commission.

In this instance also, there is only one opening for the position of Chairman.

The position of Secretary is not vacant presently. The argument on north-south distribution is therefore inappropriate and disingenuous.

For those who may not be aware, the principle of equity and fairness, in the Nigerian context, also applies to provision of physical facilities such as roads, bridges, hospitals and even provision of potable water. Campaigners for good governance may look in his direction in tasking the President as well as State Governors!

-Kareem wrote in from Abuja.

CAPPA Charges FG on Need to Save the Environment

T

he Corporate Accountability and Public Participation Africa (CAPPA) has called on the federal government to learn from the positive fallouts of the COVID-19 global shutdowns and save the nation’s environment through concrete steps aimed at transiting from fossil fuels.

In the call which was made during the recently celebrated World Environment Day, Director of Programmes/ Media & Communication, Mr Philip Jakpor said CAPPA’s position was influenced by the reduced carbon emissions and better air quality that scientists have observed in some regions of the globe in the wake of the COVID-19 pandemic due to slowed industrial activities and limited human mobility.

He said: “The World Environment Day is held June 5 annually. The theme of this year’s commemoration is “Biodiversity� which underscores the importance of nature in providing the essential infrastructure

that supports life on earth and human development. “According to the UN Environment Programme (UNEP), the theme provides the driving momentum about nature in the lead up to the 15th meeting of the Parties to the Convention on Biological Diversity (CBD), which was earlier billed for October 2020 but has been postponed to 2021 due to the COVID-19 pandemic.�

Re-echoing the UN’s position that when man destroys biodiversity, the system that supports life itself is destroyed, Executive Director of CAPPA, Akinbode Oluwafemi said: “The theme of this year’s World Environment Day commemoration reinforces our conviction that all hands must be on deck to save the environment. “For Nigeria, the message is that it must wean itself of fossil fuels addiction and transit to clean and safe community-driven forms of energy that ensures harmony of nature and the people. Unfortunately, the current model that is reliant on fossil fuels has only

brought on dislocation and disharmony.�

Oluwafemi explained that the negative effects of Nigeria’s fossil fuels-driven model of development is unquantifiable and is amply reflected in the parlous environment it has created in the Niger Delta and communities across the country where mineral extraction happen. “The Ogoni situation and that of other oil-bearing communities in the Niger Delta are in plain sight. We are now witnesses to fish dying in large numbers and washing up ashore in that region. “We equally see the conflicts in communities where extractions occur occasioned by the quest of for-profit only entities to evict them from their ancestral lands so that they extract without resistance. It is happening in every part of the country.�

He pointed out that while the COVID-19 pandemic has wreaked havoc on the global economy, it equally offers lessons and opportunities that Nigeria and other nations of the world should take seriously to influence

environmental actions.

He stressed for Nigeria it is time that the government demonstrates seriousness by first stopping investments in new oil fields. This should be followed up with a comprehensive environmental audit and clean up of the mess that fossil fuels has caused. “Additionally, Nigeria must honour its climate commitments at global climate discussions which include introduction of mass transit to reduce the number of vehicles on our roads with positive impact on vehicular emissions, adoption of environment-friendly agricultural practices, and put in place a workable framework for adoption of clean energy forms, among others. “The focus on nature to commemorate this global event should be a wakeup call to the Nigerian government. We must no longer delay our move from dirty energy and transit to clean and safe community-driven forms of energy. Talk is cheap. Action is what we need�, he insisted.

T H I S D AY ˾ JUNE 23, 2020

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FEATURES

The Art of Policing as a Community Effort Michael Orodare

D

epending on the side of the divide from which we’ve experienced the Nigerian police, some of us may argue for or vehemently against the saying that “the police is your friend,”however, we can all agree that police need our support to play their roles effectively.

Policing is a community effort, instances where the Nigerian police have recorded success in the fight against insecurity, they’ve had the full support and co-operation of members of the community; whether in intelligence sharing, provision of equipment and or general welfare.

The Lagos state government’s security trust fund is an initiative that best explains how policing requires the involvement of everyone for it to succeed. Officially known as the Lagos State Security Trust Fund (LSSTF), the LSSTF is a public-private partnership that utilises donations from corporate organisations and individuals to tackle the challenges of security in the state.

Aside from the contributions to this laudable initiative, there have been supports from organisations to either the overall police apparatus in the state or the Force’s sister organisations. Recently, the MTN Foundation donated medical equipment to the Nigerian Police Hospital, Falomo, Ikoyi.

Given to help the hospital offer good medical services to its patients, the donation which consists of three patient vital sign monitors, two cardiotocography machines, two radiant warmers and one 1.5HP split unit air conditioner, is part of MTN Nigeria’s wider CSR outreach focused at providing medical materials to numerous health-related

L-R: Chief Superintendent of Police, Nigerian Police Hospital Falomo, Ikoyi, Adetuberu Oluwatoyin; Project Coordinator, Health Portfolio, MTN Foundation, Izunna Anegbu; Assistant Commissioner of Police, Nigerian Police Hospital Falomo, Ikoyi, Abiodun Sobowale; Chief Superintendent of Police, Nigerian Police Hospital Falomo, Ikoyi, Okeanonife Juliana and Acting Manager, Health Portfolio, MTN Foundation, Stephen Amuwa at the official handover of medical equipment to the Nigerian Police Hospital, Falomo, Ikoyi by the MTN Foundation recently in Lagos organizations and associations.

Receiving the donations, the Assistant Commissioner of Police, Nigerian Police Hospital Falomo, Abiodun Sobowale, thanked MTN for the support: "We are thankful for the company’s donations. MTN has always been a strong and patriotic supporter of the Police and we recognise this. The management of the Nigerian Police Hospital Falomo, appreciate this gesture and we pledge to use this equipment to

give good health to our patients that trust us with their health."

It is becoming more obvious that if Nigeria must succeed as a secured country, all hands must be on deck to ensure that we win the war against insecurity; both individuals and organisations must do their best, and as the acting Executive Secretary of the MTN Foundation, Odunayo Sanya, has implored all of us to know that, “We are stronger together, now more than ever”.

So, while you’re out about your personal business, understand that there is a need for everyone to reach out to their communities and assist in whatever way they can. A dose of good every day is all we need to continue to reassure each other that we can weather through everything. Let us all continue to explore ways to ease the burdens that these times have created.

-Michael Orodare writes from Lagos

How Anambra Billionaire was Arrested by Police over Alleged Possession of Unlicensed Firearm Rebecca Ejifoma

W

hen the news of the arrest of Anambra-born billionaire, philantropist and CEO of Best Aluminum, Chief Pius Nweke, flooded the social media space last week, emotions ran riot.

According to the information in the public space, Nweke was allegedly arrested and flown to Abuja by some policemen because of the gun he had in his possession.

Immediately news of his abduction filtered out, there were frantic searches and enquiries over the real identities of those that arrested him and their whereabouts.

Both the youth and different groups in Anambra State and beyond embarked on a search by combing all the nooks and crannies.

It was gathered that different town unions, the clergy, students, different religious organisation and even vigilante groups that had benefited from Nweke's philantropic gestures for years trooped out enmass looking for him.

Initial fears were that he was hounded over the land tussle between his community, Abba and a neighbouring community, Ukpo.

Their fears were further heightened by the fact that few days before he was arrested, the perimeter fence of Best Aluminum belonging to Nweke and his brother, Godwin Nweke, were destroyed by armed hoodlums allegedly hired some people in the neighbouring community, who came with three truck loads of policemen who gave them cover to destroy the properties on the grounds that they were implementing a non-existent court order.

However, few hours after his arrest, the picture became clearer. Nweke, popularly called Ikemba Njikoka, was said to have been arrested by operatives of Inspector General of Police’s Special Tactical Squad (STS) in Onitsha over allegations that he was in possession of an unlicensed gun

Nweke and flown to Abuja.

The Anambra Commissioner of Police, CP John Abang, who confirmed the arrest, said Nweke was intercepted in a Lexus SUV with a covered plate number by policemen on routine patrol at Awada, Onitsha.

He claimed they searched the car and the occupant and found a Barretta pistol with 10 rounds of ammunition in it and stated that the suspect was taken into custody and later flown to Force headquarters, Abuja.

Although Nweke said the pistol found on

him was officially approved many years ago by the Presidency and IG and insisted on verification and confirmation, he was later flown to Abuja where he was subjected to gruelling hours of interrogation in spite of the fact that his claims were verified and found to be true. He was later released unconditionally.

Speaking on his ordeal, he said he was being hounded over the protracted land tussle. "For everything under the sun, God has a reason for allowing it happen. My travail in the hands of the police is very unfortunate. I want to thank the Archbishops, Bishops, Rev. Fathers, Pastors and other annointed men of God who kept touch with me while I was in detention, and for their prayers to God for my sake.

“I am most grateful to my good and steadfast brothers and sisters from Abba community who have been my backbone.

My gratitude also goes to present and past governors in Nigeria, senators, members of House of Reps, ministers and top politicians who showed solidarity with me through calls and visitations.

“I also thank my friends in the police, both serving and retired, friends in the military who kept faith me and stood by me during this period. To those I have injured, I ask for forgiveness, to those who must have wronged me in one way or the other, I have forgiven you.”

Meanwhile, Abba community in Njikoka LGA, Anambra State has accused the police of a grand conspiracy to exterminate the entire community from the surface of the earth judging from its role in the Ukpo Abba land tussle.

The indigenes of the community who embarked on a peaceful protest to the Anambra State House of Assembly, Awka to make their plight known to the lawmakers, alleged amongst others that the policemen are playing to the gallery as evidenced in its destruction of Best Aluminum property in the community.

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T H I S D AY Ëž Í°ÍąËœ 2020

BUSINESS/MONEYGUIDE

FRC Sets Timeline for Compliance with Corporate Governance Code Obinna Chima The Financial Reporting Council of Nigeria (FRC) has released timeline for organisations to comply with the Nigerian Code of Corporate Governance (NCCG) 2018.

The council disclosed this in a statement posted on its website.

The Council said reporting entities are expected to access, complete, and submit the reporting template online. It further stated that a completed copy of the reporting template should be hosted on the investors’ portal on the company’s website for a minimum of five years.

This it stressed, must be done alongside the company’s communication policy, annual reports, and other relevant information as indicated in Section 27.4 of the Code.

According to the timelines released by the FRC, companies with financial year end of January 30, February 29, March 31 and April 30 were given July 30 as

the deadline for compliance for the 2020 period.

For the 2021 financial period, the companies with January 30, February 29, March 31 and April 30 were given deadlines of April 30, May 30, June 30 and July 31 respectively for compliance.

For companies whose financial year ended on May 31, June 30, July 31, and August 31, they were given a timeline of August 30, September 29, October 29 and November 29 respectively to comply for 2020 and 2021 financial periods.

The FRC in the guideline also stated that companies with financial year end of September 30, October 31, November 30 and December 31, have up to December 29, January 29, February 28 and March 31 respectively to comply for the 2020 and 2021 periods. The guideline explained: “Paragraph 1(2) of the Regulation on the Adoption and Compliance with the Code states that reporting entities are to report on their application of the Code

in their annual reports. “Please note that the completion and submission of the reporting template described above will be deemed to satisfy this requirement for reporting on the application of the Code, as well as the requirements indicated in the Code.�

The FRC also directed reporting entities to include in the Governance Report an abridged version or summary of the processes used in relation to all Board appointments; report of the annual corporate governance evaluation and the extent of the application of the Code, as well as the name of the consultants, where independent experts have been engaged.

They are also to include a summary of report containing remuneration policy, as well as the remuneration of all directors; sitting allowances, Directors’ fees and reimbursable travel and hotel expenses, as well as any other allowances and benefits made to them.

Banks Warn Debt Forgiveness Will Hurt, Not Help, Africa Scrapping the debt of heavily indebted African nations will only come back to haunt them, according to two of the continent’s largest banks. “Forgiveness is not helpful because your debt is somebody’s else’s savings,� the chief executive officer of Lome-based Ecobank Transnational Incorporated, Ade Ayeyemi, said in an interview at the Bloomberg Invest Global virtual conference yesterday. “When you go to the market to borrow money, the market is looking at your current and past behavior,� he added.

China last week pledged to cancel some interest-free government loans for African nations

and offered to rework commercial obligations as the world’s poorest continent grapples with how to handle the coronavirus pandemic.

The vow means debt suspension by the Group of 20 leading economies is gaining traction for all types of official funding, after an initial focus on Paris Club agreements. “To a great extent, forgiveness is a form of default, and, essentially then, what it does is that it distorts markets, so it is one area that we should all be conscious of the unintended consequences,� CEO of Nairobibased Equity Group Holdings, Kenya’s largest bank by market value, James Mwangi, said in

the same interview. “Essentially it talks about the creditworthiness of a country.�

The G-20 in April agreed to provide the relief to help free up funds for more than 70 poor nations to deal with the pandemic, but the process has been slow, with many private creditors on the sidelines.

While a lockdown to contain the pandemic has impeded output and sales of most companies in the continent, it is boosting digital payments and helping governments achieve their goals of financial inclusion, said Ayeyemi, whose lender has operations in 33 countries across the continent.

Unity Bank Partners Firm to Boost e-Learning Unity Bank Plc has forged a collaborative partnership with Dynamiss, a digital learning solution provider, to provide low-interest credits to schools to boost access to digital learning resources in Nigeria.

A statement from the bank explained that under the partnership, a full e-learning package comprising Microsoft School Portal, Discounted Airtel Data and Free Contents and Devices powered by Dynamiss would be supported with financing from Unity Bank to enable schools acquire the Learning Management System at affordable rates.

The Dynamiss’ Learning Management System (LMS) has been developed by the largest

learning platform provider in the UK in collaboration with Microsoft Corporation. “The provision of Learning Management System is coming at a time when Nigeria grapples with a global pandemic, making it imperative for a digital learning system that combines the advantage of remote learning and rich modern curriculum,� the statement added.

Speaking at a webinar with the theme: “Affordable Digitalization Conference 2020, Shaping the Future of Education� to unveil the initiative recently, Unity Bank’s Head, Personal and SME Banking, Opeyemi Ojesina said: “Unity Bank is supporting the initiative in order to empower

and prepare the next generation for a competitive future defined by cutting edge technology.�

He further added: “The e-learning market is estimated to hit over $600 billion by 2025, therefore, partnering with Dynamiss to drive this initiative provides a huge opportunity for everyone interested in the education sector. “On our part, we are committed to providing low interest credit to as many schools that sign up to the Dynamiss Learning Management System across the country. This is in addition to making available to the schools, cost-effective account products suitable and tailored for the schools and their employees.�

AccessBankUnveils‘Pitch-A-Ton’SecondEdition Access Bank Plc has unveiled the second edition of its Womenpreneur Pitch-a-ton programme, aimed at supporting female entrepreneurs.

The Womenpreneur Pitch-aton Africa 2020 Campaign was designed to provide female owned businesses across Africa an opportunity to access to finance and world-class business trainings as well as mentoring opportunities.

According to the bank, the programme was designed to create an enabling environment for female entrepreneurs to grow their businesses.

Speaking at the launch of the second edition of this initiative, Group Head W Initiative, Ayona Trimnell, was quoted to have said, “Access Bank has been a leading advocate for women’s economic empowerment in

Nigeria and this is the key motivation for the ‘W’ Initiative which caters to the women economy particularly in the areas of capacity building and creating networking opportunities for women.�

She further stated that the Pitch-a-ton is an expansion of the Womenpreneur Business Workshop, under the Bank’s women proposition, the W Initiative.

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 Inter-Bank Call Rate

March 2018 15.16

Minimum Rediscount Rate (MRR) Monetary Policy Rate (MPR)

14.00

Treasury Bill Rate

11.84

Savings Deposit Rate

4.07

1 Month Deposit Rate

8.82

3 Months Deposit Rate

9.72

6 Months Deposit Rate

10.93

12 Months Deposit Rate

10.21

Prime Lending rate

17.35

Maximum Lending Rate

31.55

Ëž Ă™Ă˜Ă?ĂžĂ‹ĂœĂŁ ÙÖÓĂ?ĂŁ Ă‹ĂžĂ? Ě‹ ͯ͹Ϲ

OPEC DAILY BASKET PRICE Ëœ ÍŻÍś Í°ÍŽÍ°ÍŽ

The price of OPEC basket of thirteen crudes stood at $39.45 a barrel on Friday, compared with $37.70 the previous day, according to OPEC Secretariat calculations.

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

SOURCE: OPEC headquarters, Vienna

27

T H I S D AY Ëž Í°ÍąËœ Í°ÍŽÍ°ÍŽ

MARKET NEWS

NSE Upgrades Data Portal for Improved Access to Market Goddy Egene The Nigerian Stock Exchange (NSE) has upgraded its Data Portal (X-DataPortal) to provide a more efficient, user-friendly experience for subscribers. The new features include data products, subscription management, payment gateway integration and a lot more.

The X-DataPortal ,which was first introduced in 2013, is an online application that

serves as a repository for real time, delayed, end of day, and historical data for all financial instruments listed on the NSE. It is a consolidated, streamlined platform for market participants to access affordable, quality and timely data.

Commenting on the development, the Chief Executive Officer, NSE, Mr. Oscar N. Onyema, said: “The upgrade of the X-DataPortal is in line with the desire of the NSE to continue to provide an

P R I C E S MAIN BOARD

F O R DEALS

exchange that is easily accessible leveraging digital technology. The newly enhanced X-DataPortal has, therefore, been equipped with market-focused features that will complement the NSE website and other NSE portals in response to stakeholders’ increased demand for easy access to data. Given the importance of Market Data in investment decisions, we remain resolute in our commitment to provide capital market participants with

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

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more channels to access relevant market information required for making investment decisions.�

Also commenting, the Divisional Head, Trading Business, NSE, Mr. Jude Chiemeka, said:“At the NSE, we recognise that data fuels every aspect of the trading process. We are, therefore, pleased to introduce the improved X-DataPortal that will serve as a principal source for brokers, fund managers, research analysts, other profes-

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sionals and non-professional participants like students and investors to get quality real-time and reference data reports for analysis, research and reporting purposes. We believe that the customer-centric approach we have adopted will deliver a superior customer experience in engaging with our capital market.�

According to him, the X-DataPortal provides users with additional features such

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as seamless purchase of market data; easy access to customized data; instant notifications; and real-time prices. Existing users of the portal will also be migrated to the new portal and can log in with existing credentials.

Meanwhile, trading at the stock market opened on negative note as the NSE AllShare Index fell 0.29 per cent to close at 24,753.92, while market capitalisation shed N38 billion to be at N12.9 trillion.

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NEWS XTRA

FG to Decide on Interstate Movement Restriction Next Week Onyebuchi Ezigbo in Abuja The federal government through the Presidential Task Force (PTF) on COVID-19 will next week decide on the ban placed on interstate movement to curb the spread of COVID-19 in the country.

Speaking yesterday in Abuja at the daily press briefing by the task force, the National Coordinator of

the task force, Dr. Sani Aliyu, al Task Force on COVID-19 disclosed that it had started reviewing the guidelines for lifting of the ban on interstate movement.

He said the guidelines submitted by the Minister of State for Transportation, Gbemisola Saraki, was being reviewed, adding that the roads would be opened as soon as it is safe to do so.

“At the moment, we still have restrictions on interstate travel. But we have been linking up with the Federal Ministry of Transportation through the Minister of State for Transportation.

“They have given us guidelines that they have developed: very detailed guidelines, and we have

looked at them, summarised them and discussed at PTF last week.

“We have asked the Minister of State for Transportation to please engage with the road transport workers to make sure that the usual garages and parks that we have are ready in terms of guidelines that we have in place

such as physical distancing, reducing the number of passengers per vehicle and provision of hand washing facilities etc.

“And I believe they are already working on this and hopefully, we should be able to open as soon as it is safe to do so.”

Also speaking at the event, the Chairman of the PTF and Secretary to the Government of the Federation (SGF), Mr. Boss Mustapha, disclosed that the federal government would next week decide on its lockdown policies, including the ban on interstate movements.

Ondo 2020: PDP will Not Impose Candidate, Says Secondus James Sowole in Akure The National Chairman of the Peoples Democratic Party (PDP), Mr. Uche Secondus, yesterday said the party would not impose candidate on the people ahead of the October 10, 2020, governorship election of Ondo State.

Secondus made the promise in Akure, the state capital, when he led some members of the National Working Committee (NWC) of the party to welcome the state Deputy Governor, Mr. Agboola Ajayi, back to the PDP from All Progressives Congress (APC).

The PDP chairman said his coming to the state and of the

NWC was not to endorse any aspirant.

“PDP shall not do anything contrary to its constitution. We have the constitution of Nigeria, we have the constitution of the party and we have the party rule.

“Everybody is equal in the party.

Agboola Ajayi is like any other aspirant in the party. He is not asking that the rule should be bent for him. He has not come to alter the rule, but to contest under the rule.

“We are going to conduct free, fair and credible primary which will make us win the forthcoming governorship election.

Court Adjourns Ruling on Suit Seeking to Restrain APC from Using Direct Primary Adibe Emenyonu in Benin-city The Federal High Court in Benin-city, Edo State, yesterday adjourned the ruling to July 6, 2020, to decide either to hand off or to go on with the case on the direct mode of primary adopted by the National Working Committee (NWC) of the All Progressives Congress (APC) for the nomination of the party’s governorship candidate.

The presiding judge, Justice Mohammed Umar, adjourned the suit filed by the factional state Deputy Chairman of the party, Pastor Kenneth Asekomhe, and one of the disqualified governorship aspirants of the

party, Matthew Iduoriyekemwen, challenging the decision of the party’s NWC to adopt direct primary election for the nomination of its governorship candidate.

The defendants in the suit are APC, Adams Oshiomhole, Independent National Electoral Commission (INEC) and the Inspector General of Police (IG. The plaintiffs had earlier filed an ex parte motion restraining the party from adopting the direct mode of primary.

They also prayed the court to restrain INEC from monitoring the primaries, and the police from giving effect to the NWC’s direct primaries order.

Ezekwesili Loses Mother to Cancer A former presidential candidate and Minister of Education, Dr. Obiageli Ezekwesili, has lost her mother, Mrs. Cecilia Nwayiaka Ujubuonu.

An official statement, made available to the media yesterday

by Ezekwesili’s spokesperson, Mr. Ozioma Ubabukoh, stated that

Cecilia Nwayiaka Ujubuonu

Mrs. Ujubuonu died in the late hours of Sunday, June 21, 2020.

She was aged 78.

An indigene of Ndodolu village, Umunuko, Ukpor in Nnewi South Local Government Area of Anambra State, she was widowed after the death of her husband, Benjamin Ujubuonu, in 1988.

Born on April 18, 1942, Ujubuonu, a retired businesswoman, devoted her life to her children, grandchildren, the church and service to humanity.

She died in the arms and home of her daughter, Ezekwesili, in Abuja on Sunday night from cancer.

Until her death, she was a member of the Redeemed Christian Church of God. Her burial arrangement will be announced by her family.

ALL EYES ON HIGHER RETURNS...

L-R: Company Secretary/Legal Adviser, Chemical and Allied Products Plc, Mrs. Ayomipo Wey; Managing Director, Mr. David Wright; Chairperson, Board of Directors, Mrs. Awuneba Ajumogobia; and Non-Executive Director, Mrs. Bolarin Okunowo at the Annual General Meeting of the company in Lagos...yesterday.

SUNDAY ADIGUN

Govs Meet Tomorrow over Deductions from Federation Account, States’ Loans Chuks Okocha in Abuja Governors, under aegis of the Nigeria Governors’ Forum (NGF), will hold a virtual meeting tomorrow, to discuss national issues as they affect the subnationals.

The meeting, which is expected to be joined by all the 36 governors, will discuss deductions from the Federation Account, refunds, the ongoing restructuring of state loans and the infrastructure refunds to

five states: Rivers, Bayelsa, Cross River, Ondo and Osun.

A statement yesterday by the Director General of the forum, Mr. Asishana Bayo Okauru, said other crucial national questions would be addressed by the governors, prominent among which revolve around health, the economy and infrastructure.

Another statement by the Head of Media and Public Affairs, Mr. Abdulrazaque Bello-Barkindo, said

after brokering the suspension of industrial action by the Nigeria Association of Resident Doctors (NARD), the governors would review the doctor’ grievances in order to tackle the problem towards ensuring that the Nigeria Association of Resident Doctors (NARD), return to work.

The statement added that there will also be a presentation on the update on the COVID-19 strategic plan by the Minister of Health, Dr.

Osagie Ehanire.

Another update on the NGF’s committee of governors mandated by the forum to interface with the PresidentialTaskForceontheCOVID-19 pandemic, headed by the Governor of Delta State, Dr. Ifeanyi Okowa, will also be presented to the forum, for review.

On the economy, governors will be looking at the FAAC deductions and refunds, the ongoing restructuring of states’ loans.

Presidential Aide, Others Congratulate Ize-Iyamu on APC Primary APC candidate asks Obaseki to return to party Iyobosa Uwugiaren in Abuja The Senior Technical Assistant on Media to President Muhammadu Buhari, Mr. Louis Odion, yesterday congratulated the governorship candidate of the All Progressives Congress (APC) in Edo State, Pastor Osagie Ize-Iyamu, on his victory at the primary election held in the state yesterday.

“With his victory, Pastor Osagie IzeIyamu has demonstrated a capacity to unite APC in Edo behind a common purpose. Doubtless, he will lead APC to victory in the governorship polls on September 19,’’Odion said in his congratulatory message.

This is coming as Ize-Iyamu has asked Governor Godwin Obaseki to return to the APC. Also, the leaders of the APC

across the three senatorial districts in Edo State said the victory of Ize-Iyamu and the massive votes he scored are testimonies of his acceptance and popularity in the state, assuring that he would lead the party to victory in the coming election.

The statement, which was signed

by Benson Edosonman (Edo South senatorial leader); Chief Francis

Inegbeniki (Edo Central); Chief Simon Omofuma; Hon David Iyoha; Hon. Thomas Okosun; Mrs Elizabeth Ativie ; Prince Malik Afegbua, member APC’s Board of Trustees (BoT) and Hon. Washington Osifo (member-elect, Edo State House of Assembly) said the victory by APC in the election slated for September will be ‘’very sweet.’’

Adamawa Police Dismiss Officer over Alleged Murder Daji Sani in Yola The Adamawa State Police Command has dismissed Police Corporal Richard Japheth for allegedly killing a 20-year-old tricyclist, Arabo Dauda, who refused to give him N100 bribe at a check point in Maiha Local

Government Area of the state.

Shortly after the incident, which took place on June 1, 2020, Japheth was arrested and taken to the State CID in Yola, where investigation was carried out.

While confirming the dismissal in Yola, the state Police Public Relations Officer, DSP Suleiman

Nguroje, said the policeman was indicted for committing the crime and was dismissed from the service to face the law.

“Yes, Richard Japheth has been dismissed from the service. He’s currently in detention and will be charged to court for culpable homicide.

“The policeman was dismissed on June 16, and the state commissioner of police gave the approval,” Nguroje said.

If established, culpable homicide is punishable by death sentence.

He said this would serve as a deterrent to other police officers in the service.

We Paid N33bn toVendors before N’Assembly’s Embargo, Says NDDC ErnestChinwoinPortHarcourt The Niger Delta Development Commission (NDDC) has debunked allegations of missing funds, saying only N33 billion has been paid to its vendors since the inception of the expanded Interim Management Committee (IMC).

Speaking during a press briefing at the commission’s headquarters in Port Harcourt yesterday, the NDDC

Director, CorporateAffairs, Mr. Charles Obi Odili, explained that the N33 billion that was paid was just a very little part of a debt portfolio of about N2 trillion.

Hesaid,“the commission has paid what we describe as historical debts amounting to about N33 billion from the inception of the expanded IMC on February 20, 2020. The historical debts cover debts to our vendors; some persons who have

been owed between N1 million and N3 million, some for over seven or eight years.”

Odili noted that the payments were actually intended to alleviate the sufferings and plight of Niger Delta people, adding: “The essence is to save lives and livelihoods of the Niger Delta people because some people borrowed money from banks to do little supplies and some of them got very ill and

were in the hospitals and there was nothing that the IMC could have done but to assuage to this very humane issue and I think that any compassionate person anywhere in the world will do same.”

He said the historical debts, which have been settled to a large extent, included the Commission’s obligations to those who do supplies and render services, like hotels and other things to keep the organisation running.

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TUESDAYSPORTS Super Falcons’ Home Jersey Voted Best at Women’s World Cup in France

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

Duro Ikhazuagbe Nigeria’s Super Falcons home jersey has been voted the best women’s national team jersey at the last FIFA Women’s World Cup held last year in France.

The nine times African champions featured at their eighth tournament in France in that breezy green and white outfit designed by NIKE shortly before the country’s senior male team featured at the 2018 FIFA World Cup in Russia.

The jersey sold out in just few hours after it was launched in London two years ago. It was also one of the most sought-after jersey in Russia despite the fact that the Super Eagles failed to progress beyond the group stage.

This perhaps explains why when the Super Falcons filed out for the Mundial in France, it became an instant hit with the fans and got nominated on Sunday amongst the four

jerseys shortlisted for votings.

It was the only African team jersey that made the list.

The other countries jerseys listed for the poll include England, Germany and Australia.

In the voting which ended yesterday, it was little surprise that the Super Falcons jersey polled over 50 per cent of the entire 2,348 votes cast.

Australia’s Women’s team jersey finished a distant second behind Falcons, polling 21 per cent while England (15) and Germany (15) placed third and fourth respectively.

Those who believe the hood does not make the monk were however right at the tournament in France as the Super Falcons with their beautiful jersey did not record more than just one victory- the 2-0 defeat of South Korea in the group game.

They however lost out of the tournament in the Round of 16 to Germany just like they did at the 1999 edition hosted

by USA. Interestingly, the men’s version of the jersey was voted

La Liga: Etebo to Miss Getafe’s Trip to Valladolid Today Oghenekaro Etebo who scored his first goal in Getafe shirt on Saturday will most likely miss tonight’s La Liga clash with Real Valladolid due to muscle tear he sustained in the clash with Eibar.

The former Warri Wolves star picked up the injury in the 1-1 draw at the weekend.

Results of the tests carried out on the injury showed yesterday that Etebo would need to rest the leg for a few days.

After opening scoring for Getafe in the 69th minute, Etebo was replaced by Jason after picking up the injury.

It was the midfielder’s first goal in Spain after 23 league games which include 14 appearances during his loan stint at Las Palmas in the second half of the 2017-18 season.

Getafe Manager, Jose Bordalas, confirmed the injury after the game against Eibar. “Oghenekaro Etebo and

Timor David have muscle problems. We will see the extent of the injuries after Monday tests,�he told a news conference on Saturday.

Bordalas released his 21-man list for the trip to the Estadio Municipal Jose Zorrilla on Monday morning with Etebo not included in the squad.

The former CD Firense of Portugal star, who has made himself a vital cog in Bordalas’ system with his ball-winning skills and midfield contributions jouned the Deep Blues on a six-month loan deal in January after struggling for playing time at Championship club Stoke City.

He has made nine league appearances for Getafe since his arrival at the club.

Getafe occupy fifth position in the table with 48 points from 30 games, a point behind fourth-placed Athletico Madrid.

Enobakhare Dumps Wolves for Greek’s AEK Athens Nigerian striker Bright Enobakhare has moved to Greek side AEK Athens from English Premier League club Wolverhampton Wanderers on a free transfer.

Enobakhare had been on the books at Molineux for six years, but much of his playing time had been on loan at Kilmarnock, Coventry City and Wigan. He agreed left last month that his time in the West Midlands was over.

Over the weekend, the Greek

giants announced they had signed him. “It is a great move and I am happy to be here,� Enobakhare told AEK’s website. “To be honest, I searched the internet, like YouTube, for how the team plays and trains, and I think it will fit my gameplay.� Enobakhare told the club website. “So I’m happy to be here. I don’t want to talk about myself so much, I think the stadium will ‘talk’ about me.�

amongst 20 iconic World Cup jerseys of all time last April.

In the final poll conducted in 24-hours by BBC Sports, the Super Eagles’ 2018 kit was

voted fifth among the iconic football shirts worldwide across all generations.

The shirt was beaten by those of Brazil (1970); Netherlands

(1988); West Germany (1990) and England (1966) in the top four places.

The Nigerian shirt had nine per cent of total votes cast

whereas the winning shirt, that of Brazil, had 14%. England in the fourth place had 10%, just one to pip Nigeria to the fourth place.

Super Falcons in their cool green and white kits at the FIFA Women’s World Cup in France...last year

Barcelona Open Contract Renewal Talks with Messi Barcelona and Lionel Messi who will clock 33 years on Wednesday have started negotiations over the renewal of the player’s contract, after the deadline to confirm whether the Argentine will continue at the club passed at the start of June.

According to Spanish media, Marca, negotiations have taken place between club President Josep Maria Bartomeu and the player’s father, Jorge Messi, with both parties agreeing on the main terms of the contract.

The club has proposed an extension of two years which the player has initially agreed to, and would mean the Argentine’s commitment to the club would be until 2023, but as in previous deals, Messi will have the option of ending the contract at the end of every season.

This term is non-negotiable for Messi as he doesn’t want to be tied down to a contract, and wants to be able to decide at the end of every season whether or not he is physically fit to continue competing at the top level, and for this reason there will always be a clause allowing him to leave if he sees it appropriate.

The player’s salary will also not improve, and this agreement has been reached with both parties considering the economic impact that the coronavirus pandemic has had on the finances of the club and the whole footballing world.

With the duration of the contract and the player’s salary being agreed, Bartomeu and Jorge Messi will continue to discuss other aspects of the deal.

It’s difficult to know when

an agreement will be reached, but according to club sources, negotiations are progressing well between the two parties with everyone involved happy with the extension and satisfied with the terms being discussed.

Messi’s contract renewal is fundamental for the club, which is why Bartomeu immediately got to work after it was confirmed that the player was staying until 2021, and although everyone believed he wouldn’t activate the clause to leave, they prefer the matter to be resolved contractually.

The contract of goalkeeper Marc-Andre ter Stegen is also an important issue at the moment, with the German previously agreeing to suspend talks during lockdown.

However, now with things going back to normal, it’s time

to restart the negotiations, with the player’s salary demands being the main stumbling block previously, leading to talk that Bartomeu himself may have to get involved in order to reach an agreement between club and player.

Lionel Messi in contract renewal talks with Barcelona chiefs

CAF Rolls Out Protocols on How to Restart Domestic Competitions The Confederation of African Football, (CAF) has rolled out protocols on how member-federations can restart their domestic competitions disrupted by the Covid-19 pandemic since March.

Several African countries have cancelled their seasons while no decision has been reached on how to end the Nigerian topflight by the league organizers, the League Management Company (LMC).

The umbrella body for league clubs, the Club Owners Association voted massively to end the NPFL season on Sunday night with 17 in support of using the PPG format to decide winners and the country’s representatives in CAF competitions next season.

According to CAF in a statement yesterday, series of meetings had been held

regarding the future of competitions.

It is in this regard that the CAF Medical Committee in collaboration with the Technical & Development Department and a team of experts has put together a comprehensive plan to guide the Member Associations (MA’s) on the restart of football activities on the continent. “The 27-page document titled “CAF Guidelines to Resume Football in Africa� emphasizes on the health of the major stakeholders (Players, Officials, Fans, Partners) as the essential element, which should constitute the basis of all decisions regarding the reintroduction of football activities across the continent supported by the authorization of relevant State Authorities.�

The plan also highlights on

effective and continuous medical assessment (testing) of players and officials, guidelines for training sessions, disinfection of sporting facilities, as well as strict adherence to the global preventive protocols. “This comprehensive document is major step towards resuming football on the continent. Based on recent developments, it is important we have a plan in place to guide our stakeholders on the return of continental and domestic competitions, and the need for an all hands on deck approach. “Many considerations were factored into the putting together of the document by our team of experts notably the specificities of the continent. Together with strategies established by local authorities, it provides the MA’s

with adequate information to resume operations upon receiving the green light,� said CAF Acting General Secretary Abdelmounaim Bah. Meanwhile, the Organising Committee for Interclubs Competitions & Management of Club Licensing, and the Organising Committee for Women’s Football held meetings via video-conference last week on the future on the various competitions.

The CAF Executive Committee is scheduled to meet on Tuesday, 30 June 2020 via video-conference to make pronouncements on the recommendations by the respective Standing Committees.

According to CAF, the details of the Executive Committee meeting to be announced in due course.

Tuesday June 23, 2020

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MISSILE Secondus to APC

“The APC has damaged the security and the economy of Nigeria.

Everybody has seen that the APC is taking us to nowhere. I believe Ondo State Deputy Governor, Agboola Ajayi is coming to the PDP to add value and to make a difference” – National Chairman of the PDP, Uche Secondus, berating the APC for Nigeria’s woes.

TUESDAY WITH REUBENABATI abati1990@gmail.com

Governance Beyond COVID-19: Back to Kwara

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his year, there was some feeling of nostalgia about May 29 as Nigeria’s Democracy Day. When a few persons called me to ask if there were special plans for Democracy Day on May 29, I had to remind them that Democracy Day was now June 12. On June 6, 2018, President Buhari proclaimed June 12 as the new Democracy Day. I guess with time, Nigerians will get used to the new order, and June 12 will “take root” firmly as new Democracy Day. Hopefully no government will show up in the future to reverse what may well be remembered as one of the good deeds of President Muhammadu Buhari. As events turned out, on May 29, this year, many state governors marked either their first or fifth year in office; other states talked about Democracy on June 12. Ahead of June 12 itself, the Federal Government released a document outlining the achievements of the Buhari administration in five years. On June 12, President Buhari addressed the nation.

Other political leaders issued statements. But there was no celebration as we knew it. The entire country had been overtaken by the COVID-19 pandemic, with its social distancing, physical distancing, new normal regimental orders. The deadly disease overshadowed everything. As at May 29, 2020, Nigeria had recorded 8, 915 confirmed cases of Corona Virus with 259 deaths.

By Friday, June 12, the number of cases in Nigeria had jumped to 14, 554 cases, with 387 fatalities. The total number of new cases rose to 681. This coincided with the disclosure that the report of the Economic Sustainability Committee chaired by Vice President Professor Yemi Osinbajo had projected a loss of 39.4 million jobs by December 2020 (an unemployment rate of 39.4%), a monthly revenue loss of N185 billion, a sharp fall in GDP rate, with many Nigerians likely to slide into extreme poverty. Twenty-one years after our return to civilian rule and 27 years after June 12, 1993, Nigeria is firmly at a cross-road. It is easy to blame the COVID-19 pandemic which since the first index case was reported in the country on February 27 has kept everything on hold.

But if anything, what COVID-19 has done is to expose macro-level governance issues in Nigeria. May 29 or June 12, each with its own symbolism, both provide an opportunity for government at all levels to give account and submit a report card to the people. This was what President Buhari did in his June 12 national broadcast. Many took that speech with a pinch of salt. A few state Governors used the occasion of their first or fifth year in office or the June 12 day to render account, but for the most part, many state governments did not even bother. Commentators were also distracted. The kind of rigorous assessment that was expected did not happen. But a few states made an effort. On May 29 and June 12, I observed an attempt by the Governors of the following states and their supporters and friends to engage the public: Lagos, Ogun, Bauchi, Yobe, Delta, Kebbi, Kano, Kwara, Sokoto,, Enugu, Borno, Oyo, Osun, Ekiti and Ondo. In addition, the Federal Capital Development Authority (FCDA), on June 12, published an advertorial titled “FCDA Continues to deliver on PMB’s Next Level Agenda”. The many claims made by these state governments need to be subjected to close

Governor Abdulrazaq interrogation and scrutiny. It is not enough to place adverts and congratulatory messages in the media: are the messages true? Are the claims verifiable? And those Governors hiding under the constraints of managing COVID-19 to sleep on the job, is anyone monitoring them closely? We often blame the Federal Government, but the real centres of failure can be found at the sub-national level. Before COVID-19 governance was a major source of anxiety in Nigeria. It is even more so now in the face of this man-eating pandemic, and will still be an issue hereafter.

It is not possible in a short newspaper commentary to attempt a review of the claims made by the aforementioned states in terms of service delivery to the people. For this reason, I have chosen to focus on just one state: Kwara. This particular state featured prominently during the last general elections in 2019. The main battle in the gubernatorial election in that state was between the All Progressives Congress (APC) which had as its candidate, Abdulrahman Abdulrasaq, and the Peoples Democratic Party (PDP) which fielded Abdulrazaq Atunwa. At the end of the election, Abdulrazaq, the former, was declared winner with a margin of 216, 792 votes to wit: 331, 546 votes (APC) to 114, 754 votes (PDP). The APC candidate won in all the 16 Local Government Areas of the state. The PDP alleged that the election was rigged but what happened was not just an election, it came across as a battle for the soul of the State.

For decades, Kwara politics had been dominated by the Saraki political family.

That dominance was entrenched by Dr. Olusola Saraki, Senate Majority Leader in Nigeria’s Second Republic (1979 -1983) and the Godfather of Kwara politics for decades.

In 2003, the immensely charismatic and popular Dr. Olusola Saraki “installed” his first son, Dr. Bukola Saraki as Governor of the state. The son will later replace the father as the Godfather of Kwara politics.

The Saraki political machinery had a strong hold on the entire state, such that nobody could aspire to any position if such a person was not endorsed by the Saraki Godfather machinery. The ordinary people of Ilorin and other parts of the state depended on

the Saraki family, and the man they called “Oloye” for their survival. Saraki, the father, did not disappoint them. His longevity as a power broker was a function of his mastery of populism and the common touch and his dexterity in building bridges to the centre.

In the 2019 general election, Dr. Bukola Saraki, the son who also became the Godfather, fell out with the ruling party at the centre, and back home, he and his chosen candidates faced a bigger opposition. The same APC machinery that Saraki had helped to strengthen in the state in 2015 was turned against him.

The people were mobilized to reject the prevailing status quo. Atunwa was seen as Saraki’s candidate. He could well have had the making of a good Governor. But he stood no chance by association. The main slogan for that election was “O to o ge”.

Literally, that was a statement of protest. It was an open rejection of the Saraki political dynasty and anything associated thereto.

In a well-orchestrated, social media-driven advertisement of this protest, the people of Kwara were shown on the streets of Ilorin chanting and symbolically using the broom, the APC emblem, to sweep away the Saraki influence in Kwara politics. To an ordinary observer, something had changed. Saraki himself lost the February 23 Senatorial election.

But was that enough? Will the new man in the saddle deliver? Abdulrahman Abdulrazaq was sworn in on May 29, 2019. Before long, an open quarrel had broken out between the state government and the Saraki family, particularly Senator Bukola Saraki. By February 2020, the public was inundated with stories about how the Saraki family had taken illegal possession of plots of land meant for the public, and how Senator Saraki as Governor had similarly seized government properties across the state. It was a very messy affair.

Dr. Bukola Saraki was at the same time facing pressure from Federal Government agencies. There was trouble chasing him around in Abuja. Back home in his state, the new Governor seemed determined to embarrass him. I wrote a piece at the time, and in the concluding paragraph, I advised that Governor Abdulrazaq should face the business of governance, because at the end of the day, he will be assessed on the basis of his achievements, not his ability to humiliate the Sarakis.

It looks like common sense eventually prevailed in the matter. I take special note of the fact that on May 29, the Governor of Kwara State was one of those Governors who had something to crow about. Of him, one Yahaya Seriki writes: “…the government of Abdulrazaq has brought to the state unprecedented developments whose demonstration is now found in the nooks and crannies of our state. There are not progressive claims; they are activities of physical verity.

So far 56 percent of his cabinet is made up of women, first of its kind in Nigeria, and yet the most accentuated gender equality demonstration in the country as at present… his government refunded the 450 million naira that was allegedly diverted from the Universal Basic Education (UBE) funds by the previous government… over 8, 000 final years students from Kwara State across varying tertiary institutions in the country were duly paid their bursary…scholarship of 100, 000 Naira was earmarked to students of Kwara

origin in law schools across the county and numerous primary and secondary education facilities being built, and some renovated… rehabilitation of Patigi waterworks…roads, healthcare facilities, sewage systems…” (The Nation, May 29, p. A5.).

Two week later, on June 12, in a three-page colour advert titled “Democracy Day and a Dawn of Impactful governance in Nigeria, sub-titled “Ise’nlo”, meaning “work is in progress” the Kwara State Government offered a pictorial account of the infrastructure provided by the Abdulrazaq government in Kwara State. (see THISDAY, June 12, pp 55- 57). We are also told: “Abdulrazaq lives in his own house, drives his own car, and inspires his team to be prudent and peopleoriented. And he is never tired of talking to any member of the public…” The Governor’s media spokesperson, Rafiu Ajakaye in a piece titled “365 Days of Impactful Governance in Kwara would admit that “Kwara, for the record, is not yet an Eldorado. No such state exists.” But, he says, “the administration inherited and has rescued a state that once tottered on the brink of collapse – at least in the area of human capital development indices… just 12 months down the road, the Otoge leader has successfully exchanged the Kwara narrative. From instant payment of relevant counterpart funds, which have brought back development partners, and taken the state off the UBEC blacklist, Abdulrazaq is taking steps to stabilize and reposition the state for growth.” In yet another report, the Kwara State Director General of the Kwara State Bureau of Lands, Hon. Bolaji Edun, wrote in April, that Governor Abdulrazaq has signed 175 Certificates of Occupancy, and taken steps to strengthen the ease of doing business. I hope one or two of those 175 Certificates went the way of the Sarakis as a peace-making overture!

There are obvious lessons to be learnt from the Abdulrazaq story in Kwara state. Here is the example of a Governor who almost lost the plot by focusing on perceived enemies.

His saving grace is that he changed track and tactics and chose to focus on what is important. That is why he has a story to tell one year after assuming office. Many Nigerian Governors simply do not know what they are doing. They are confused.

COVID-19 is their come-uppance. It has exposed their ignorance and incompetence.

There are Governors who are obsessed with petty squabbles, even over the management of COVID-19. They have nothing to show, nothing to celebrate, they call themselves “silent achievers.” I have a strong aversion to that phrase. If the achievement is loud enough, everyone will see it. Nigeria faces a big challenge at the sub-national level.

With the survival challenges that COVID-19 has brought upon us, the Nigerian people must indeed “take responsibility” and that includes holding those who lead us to account. It is not a task that can be left to our lawmakers who from Abuja to every part of the country are a self-seeking bunch.

We can restructure, reduce the cost and size of government, but if the wrong set of people continue to rule, Nigeria’s journey will remain recursive. The big, defensive response that I get to this is: “Look at America!” My response: Trump-ism is a virus worse than COVID-19.

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