TUESDAY 25TH AUGUST 2020

With 6.10% GDP Contraction, Analysts Seek Economic Stabilisation Measures James Emejo in Abuja and Nume Ekeghe in Lagos Analysts yesterday called on the federal government to urgently introduce measures to reflate the economy.

The analysts, in separate interviews with THISDAY on

the heels of the report by the National Bureau of Statistics (NBS) that the country’s real Gross Domestic Product (GDP) figures contracted by 6.10 per cent year-on-year in the second quarter of the year (Q2 2020), also advised the government to boost investments in the

digital economy and scale up the various interventions programmes designed to spur economic recovery.

With the 6.10 per cent contraction in the GDP for Q2 2020, compared to a growth rate of 1.87 per cent in the preceding quarter, analysts

said the government should prioritise investment in the digital economy due to the increasing activities in the digital space, which may not have been properly captured by telecommunications.

According to the NBS report, the economic decline came

on the heels of significantly lower levels of both domestic and international economic activities during the quarter, which resulted from nationwide shutdown efforts by the government to contain the spread of the COVID-19 pandemic.

The report stated that during the review period, domestic efforts ranging from initial restrictions of human and vehicular movements implemented in only a few states to a nationwide Continued on page 8

Anxiety as S’Court Hears Kogi Election Petition Today... Page 6 Tuesday 25 August, 2020 Vol 25. No 9269. Price: N250

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In Major Coup, CBN Blocks Over-invoicing, FX Overpricing Introduces product price verification mechanism Elumelu praises measure Obinna Chima In a major policy coup, the Central Bank of Nigeria (CBN) yesterday moved to arrest the age-long practice of over-invoicing, which unscrupulous businesses have used to cart away the nation's forex, directing banks and other authorised dealers to desist from opening Forms

‘M’ whose payment are routed through a buying company, agent, or other third parties.

In addition, the central bank announced the introduction of a product price verification mechanism, which is to help prevent overpricing or mispricing of imported goods and services.

Continued on page 8

Against the Run of Play, Tambuwal Intensifies Presidential Run Southern leaders unhappy with bid

Chuks Okocha in Abuja Even as tongues have begun to wag over his reported presidential ambition more than two years to the starting block of the race, Sokoto State Governor, Hon. Aminu Tambuwal, is intensifying his efforts to realise his bid for the nation’s top job, laying out an elaborate plan for

wider consultations across the country.

THISDAY had reported on Monday that Tambuwal had started to consult key political influencers, including former President Olusegun Obasanjo; former Minister of Defence, Lt. Gen. Theophilus Danjuma (rtd.); and former President Continued on page 8

PEACE AT LAST...

L-R: Minister of Transportation, Hon. Rotimi Amaechi; Chairman, All Progressives Congress (APC) Caretaker/Extra-Ordinary National Convention Planning Committee, Governor Mai Mala Buni of Yobe State; and Minister of State for Petroleum Resources, Chief Timipre Sylva, after a reconciliation meeting at the party's National Secretariat in Abuja…yesterday

To Reposition APC in South-south, Buni Reconciles Amaechi, Sylva... Page 5

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TUESDAY AUGUST 25, 2020 •T H I S D AY

TUESDAY AUGUST 25, 2020 • T H I S D AY

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NEWS

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

To Reposition APC in South-south, Buni Reconciles Amaechi, Sylva Court orders substituted service on caretaker chairman, 11 others APC petitions judge over suit to disqualify Ize-Iyamu, deputy

Alex Enumah and Adedayo Akinwale in Abuja As part of the efforts to reposition the All Progressives Congress (APC) in the South-south, the Caretaker/Extra-Ordinary National Convention Planning Committee Chairman, Governor Mai Mala Buni, yesterday reconciled the Minister of Transportation, Hon. Rotimi Amaechi, and the Minister of State for Petroleum Resources, Mr. Timipre Sylva.

Buni, also the governor of Yobe State, brokered a truce between the two leaders of the party at a meeting in Abuja as part of the ongoing efforts to reconcile aggrieved members.

The reconciliation came the same day Justice Taiwo Taiwo of the Abuja Division of the Federal High Court ordered substituted service of court processes in a suit challenging the dissolution of the National Working Committee (NWC) of the APC. The ruling party has, however, petitioned Justice Taiwo to recuse himself from hearing another suit seeking the disqualification of its governorship candidate in Edo State, Pastor Osagie Ize-Iyamu, and his running mate, Mr. Audu Ganiyu.

It protested the judge's decision to give accelerated hearing in the suit to stop Ize-Iyamu from taking part in the September 19 governorship election in the state.

Amaechi had earlier arrived at the party secretariat, venue of the reconciliation meeting, about 1:15 pm, but later left after a few minutes.

He later returned with Buni and Sylva about 2 pm for the closed-door meeting that lasted almost an hour.

It was learnt that Sylva and Amaechi, who are former governors of Bayelsa and Rivers States respectively, finally agreed to work together to reposition the APC in the South-south.

“We have agreed that both of us will work together," Amaechi, in company with Sylva, told journalists after the peace parley.

Also, in a statement issued by the Deputy National Publicity Secretary of the party, Mr. Yekini Nabena, the ruling party said both Amaechi and Sylva had agreed to work together to reposition the ruling party in the South-South.

The statement said Buni charged the duo to play leading roles in bringing together party members and stakeholders to ensure that the APC is victorious in the forthcoming governorship elections in Edo and Ondo States, as well as legislative by-elections in Bayelsa and Cross River States.

Court Orders Substituted Service on Buni, 11 Others Justice Taiwo yesterday ordered substituted service of court processes in a suit challenging the dissolution of the NWC of the APC. The judge ordered that the summons for Buni be pasted on the entrance of the party's national secretariat in Abuja.

The order followed the complaint by a plaintiff in the matter, Mr. Kalu Kalu, that the

respondents have been evading service of court summons since they got wind of the suit.

Others who are also affected by the order on service are: Governor Sani Bello, Senator Ken Nnamani, Governor Isiaka Oyetola, Dr. James Lalu, Senator Abubakar Yusuf, Hon. Akinyemi Olaide, Mr. David Leon, Prof. Tahir Mamman, Mr. Ismail Ahmed and Senator Akpan Udoedehe.

In a short ruling after an ex-parte motion was argued by the plaintiff on behalf of himself, Justice Taiwo ordered that the originating summons and other processes in the matter be served on the 3rd to 14th defendants by posting same on the entrance gate of the APC headquarters in Abuja, since the party is the second defendant in the matter.

The judge further ordered the service when effected by the court bailiff shall be deemed good and proper service.

He accordingly adjourned to September 4 for hearing.

Kalu, a youth leader of the APC in Abia State, is challenging the powers of the National Executive Council (NEC) to sack the national leaders barely two years out of their constitutionallyguaranteed four-year term of office.

In the suit with number: FHC/ABJ/ CS/736/2020, the plaintiff asked for an order of the Federal High Court setting aside the dissolution of the NWC

by APC's NEC meeting held at the presidential villa.

He also prayed the court for an order restraining the caretaker committee members, led by Buni, from parading themselves as national officers of the APC and from usurping the functions of the party's NWC. The plaintiff also prayed the court for an order restraining the caretaker committee from implementing the resolution of the APC's NEC meeting passed on June 25, 2020, and for another order against the INEC from recognising, dealing with or relating with the caretaker committee in whatever guise to usurp the functions of the NWC. APC Petitions Judge over Suit Seeking Ize-Iyamu, Deputy's Disqualification The APC has petitioned Justice Taiwo over his decision to give accelerated hearing in a suit seeking the disqualification of Ize-Iyamu.

Two chieftains of the APC, Hon. Momoh Abdul-Razak and Hon. Zibiri Muhizu, had sued the candidate and his running mate over alleged perjury.

Defendants in the suit marked FHC/ABJ/ CS/758/2020, are APC, INEC, Ganiyu and IzeIyamu as 1st, 2nd, 3rd and 4th defendants respectively.

The plaintiffs asked the court to disqualify Ganiyu from participating in the forthcoming election because he allegedly gave false information to the Independent National Electoral Commission (INEC) in aid of his qualification for the governorship poll.

The plaintiffs in the suit filed on July 10, 2020, by their lawyer, Mr. Friday Nwosu, also accused

Ganiyu of certificate forgery.

The court, at its last sitting, while delivering a ruling in an ex-parte motion, had ordered that court processes and hearing notice be pasted on the entrance of Ize-Iyamu and Ganiyu in Benin City.

The court also adjourned till yesterday for hearing in the substantive suit.

However, when the matter came up yesterday, Ize-Iyamu's lawyer, Mr. Roland Otaru (SAN), and that of APC, Dr. Ehiogie West-Idahosa, drew the attention of the court to the petition filed against the judge asking him to suspend proceedings pending the time the chief judge will give directive on the petition.

In the petition dated August 20, 2020, and signed by the Secretary of the Caretaker Committee, Senator John Udouedehe, the party accused Justice Taiwo of moving faster in the hearing of

the suit by granting abridgment of time to plaintiffs in the matter when a motion for the same had not been moved.

APC alleged that from its findings, Justice Taiwo has a close relationship with Rivers State Governor, Mr. Nyesom Wike, who is the Chairman of the Peoples Democratic Party (PDP) Campaign Council in the Edo State gubernatorial poll.

The party alleged that Wike had openly boasted to ensure that PDP wins the poll by influencing the disqualification of Ize-Iyamu.

The party alleged that on August 10, Justice Taiwo abridged the time allowed by law for the defendants to respond to an issue even when they (defendants) have not been served with the originating summons. He was also accused of fixing the matter for yesterday when motion on notice for abridgment of time had not been moved by plaintiffs.

"That even when the court granted ex-parte order for substituted service of the processes in suit number FHC/ ABJ/CS/839/2020, the story all over Edo is that the APC's candidate Pastor Ize-Iyamu has been disqualified by Justice Taiwo Taiwo.

"That the APC is worried that they have no chance of getting justice before Justice Taiwo Taiwo on account of his affinity to Governor Wike and the anxiety demonstrated by abridging the time for defendants to file processes, when the motion to do so, was still pending and some defendants had not been served with the originating summons."

The party prayed the Chief Judge of the Federal High Court, Justice John Tsoho, to withdraw the case from Justice Taiwo and reassign to another judge.

Responding, the judge said the issue of the petition should

be left for the CJ being an administrative matter, adding that the new practice direction does not permit him to hands off the matter.

When pressed further by Otaru that he must stay proceedings in view of the petition, Justice Taiwo drew the attention of the senior lawyer to the new National Judicial Council (NJC) directive to the effect that in a pre-election matter, no judge shall stop proceedings until otherwise directed by the council.

When the attempt to halt proceedings proved abortive, defendants in the matter applied for an adjournment to enable them to react to issues raised in the suit and to also allow the plaintiffs to move a motion on notice for the matter to be heard during vacation.

The matter has been adjourned till September 3 for the hearing of all pending motions.

INTER-AGENCY COOPERATION...

Director-General, Nigerian Maritime Administration and Safety Agency, Dr. Bashir Jamoh (left), and Comptroller-General, Nigeria Immigration Service, Mr. Muhammed Babandede, during a working visit by NIMASA to the NIS in Abuja...recently

PDP House Caucus Threatens to Sue FG over 774,000 Jobs Udora Orizu in Abuja The Peoples Democratic Party (PDP) caucus in the House of Representatives has threatened to take legal action against the federal government for allegedly undermining the National Assembly, especially on the special public works scheme to provide 774,000 jobs for youths.

The PDP caucus rejected the scheme and urged its members to ignore the letters written to senators and House members by state coordinators of the National Directorate of Employment (NDE) on behalf of the Minister of State for Labour and Employment, Mr. Festus

Keyamo (SAN).

The caucus accused Keyamo and the NDE management of disregarding the legislature.

Also, the caucus apologised to Nigerians for being part of the National Assembly that approved the N52 billion for the implementation of the programme in 2020 Appropriation Act. The lawmakers described the N20,000 stipend to be paid to each beneficiary for three months as illegal as it is against the provisions of the National Minimum Wages Act. The Leader of the caucus, Hon. Kingsley Chinda, in a statement issued yesterday,

said: “The PDP caucus of the House, as members of the National Assembly, does not exonerate itself from responsibility in the approval of funds for implementation of the misguided Special Public Works Programme and unreservedly apologise to Nigerians for the planned misapplication of their scarce resources.

“The caucus has resolved to employ legislative and lawful processes, including the institution of legal action where necessary, to address any encroachment on the performance of our statutory functions and fundamental human rights.

“The blatant and brazen disregard of a co-equal arm of government and elected representatives of the Nigerian people by the Minister of State, who was grandstanding before the Nigerian people and the tacit approval of his actions by the president in authorising his continued implementation of this skewed programme, regardless of definite pronouncements by the National Assembly and apparent violations of legislation in this regard, confirm the Buhari administration’s aversion to the rule of law, constitutional provisions and institutions, and disinterest in the wellbeing of the Nigerian people.”

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NEWS

Anxiety as S’Court Hears Kogi Election Petition Today Judgment likely Alex Enumah in Abuja and Ibrahim Oyewale in Lokoja There was anxiety among political actors in Kogi State ahead of today’s hearing and possible delivery of judgment in the appeal filed by the Peoples Democratic Party (PDP) against the judgments of the Kogi State Governorship Election Petition Tribunal and the Court of Appeal, which affirmed the election of Governor Yahaya Bello in the November 16, 2019 election in the state.

The Supreme Court will hear four appeals against the election of Bello and as it’s the habit in recent times, the apex court may deliver its judgment thereafter.

One of the appeals listed for a hearing which was sighted by THISDAY is "SC 388/2020," filed by the PDP and its governorship candidate, Mr. Musa Wada.

The hearing notice dated August 21 and signed by the Director/HoD (Head of Department), Litigation, Mr.

Ibrahim Gold, read, "Take notice that the above appeal will be listed for hearing before the Supreme Court of Nigeria on Tuesday, August 25, 2020.

"And further take notice that in accordance with the Supreme Court rules, this notice is deemed sufficiently served on you if it is delivered on your information and communication gadgets.

"Further take notice that COVID-19 protocols shall be fully and strictly enforced. It’s only the counsel who are appearing and whose names are entered in the counsel list (not more than five counsel per appearance) will be admitted into the court and no more."

The Court of Appeal, Abuja Division, had in July reaffirmed the election of Bello.

The Independent National Electoral Commission (INEC) had last year declared Bello, candidate of the All Progressives Congress (APC), as the winner of the governorship poll, having

Police to Arraign Five IPOB Members over Enugu Clash

won majority of votes cast and the spread threshold in the election.

However, four contestants and their parties, including Wada and the PDP, had disagreed with INEC and subsequently approached the Kogi State Election Petitions Tribunal to challenge the victory of Bello.

The other petitioners are the Actions People's Party (APP); the Social Democratic Party (SDP) and the Democratic People's Party (DPP).

However, their petitions were all dismissed by the tribunal for lacking in merit.

Similarly, the Court of Appeal agreed that the cases of the appellants lacked merit and even dismissed some with cost against some appellants.

Still not satisfied, the appellants approached the apex court to set aside the judgments of the appellate court on the grounds that the Court of Appeal discarded evidence of rigging and violence in seven local government areas of the state.

The Court of Appeal in its unanimous judgment had held that the allegations of over-voting,

multiple thumb-printing, and results falsification were not proved by the appellants.

In the ruling delivered by Justice Haruna Tsamani, the appellate court held that the appellants merely dumped documents on the tribunal without calling relevant witnesses to link the documents to the allegation of over-voting.

According to him, a party who alleges over-voting must tender the voter registers for the affected polling units and the results of the polling units, show how, without over-voting, the results would be in his or her favour.

In other judgments, the Court of Appeal held that the tribunal was right in dismissing the petitions of the DPP and APP over alleged unlawful exclusion and that of the SDP for failure to prove claims of electoral malpractices in the governorship election.

Although the decisions of the tribunal were unanimous in the petitions of APP, DPP and SDP, it was divided in the case of the PDP.

While the majority judgment delivered by Justice Kashim Kaigama favoured Bello, the minority judgment delivered

by Justice Ohimai Ovbiagele held that there was evidence of electoral malpractices in seven LGAs of the state.

Ovbiagele subsequently upturned Bello’s victory and ordered a rerun in the seven affected local government areas of the state.

Meanwhile, THISDAY gathered that the seat of the Kogi State Government has shifted from Lokoja, the state capital, to Abuja as most officials of the state government have relocated to the federal capital ahead of today’s sitting of the apex court.

While the APC is confident that the apex court will affirm the judgments of the election petition tribunal and the Court of Appeal, the PDP is optimistic of victory at the apex court.

The state Commissioner for Information, Mr. Kingsely Fanwo, told THISDAY that the state government would not comment because the election dispute was still in court, adding, however,

that the apex court should do justice.

"As a matter of policy and standards, we do not speak on matters that are before a competent court of jurisdiction. It is their responsibility to do justice to the case before the apex court," he said.

However, a chieftain of APC in the state and a former commissioner, Mr. Tom Ohikere, told THISDAY that the ruling party was sure of a favourable judgment from the Supreme Court.

Ohikere said Bello won the election, adding that already the election tribunal and Appeal Court have also affirmed his victory.

But the state Publicity Secretary of PDP, Mr. Bode Ogunmola, told THISDAY that the Supreme Court will do justice by overturning the judgments of the tribunal and appeal court.

"As a party, we expect good judgment from the Supreme Court. Judiciary still remains the last hope of the common man. We hope that something good will come after all," he said.

Commercial drivers withdraw services in protest of members' killing Christopher Isiguzo in Enugu The police will soon charge to court five persons arrested in connection with last Sunday’s violent clash between members of the Indigenous People of Biafra (IPOB) and security operatives in Enugu, during which two personnel of the Department of State Services (DSS) were killed.

The spokesman of the Enugu State Police Command, Mr. Daniel Ndukwe, told THISDAY that the five persons so far arrested are in their custody and would soon be taken to court for prosecution after investigations into the incident has been concluded.

However, IPOB alleged that 21 of its members were killed while 47 others were arrested by the police and DSS. But yesterday, bus drivers in Enugu State withdrew their services, over alleged killing of two of their members by the police and DSS during Sunday’s clash with IPOB members.

The Biafran separatist group yesterday vowed to retaliate the attack and killing of its members.

The IPOB Head of Media and Publicity, Mr. Emma Powerful, in a statement, said their leader, Mr. Nnamdi Kanu, had directed them to stop holding meetings in the state in view of the violent clash.

He said the decision was to allow the group appraise and handle what he called “unprovoked and unwarranted attack by the Nigerian security agencies on armless IPOB members.”

Kanu was said to have also asked his members to henceforth defend themselves in the event of an unprovoked attack by security operatives, warning that enough is enough.

“Our leader gave the order yesterday during his worldwide broadcast that any time Nigeria security personnel attack our members without provocation, IPOB will reciprocate immediately and those saboteurs and inconsequential traitors must go down without delay.

“Time has gone when IPOB would no longer allow soldiers

and police in Nigeria uniforms to be killing and slaughtering innocent and unarmed citizens of Biafra. Therefore, Nigeria police must leave IPOB members alone; we are not happy seeing our people are being murdered in cold blood without any offence.

“We remain peaceful in our agitation but nobody should take our stand for granted because we must respond accordingly.

Our leader Mazi Nnamdi Kanu is a patient man who loves his people of Biafra and other tribes scattered all over Nigeria.

“Oduduwa’s Amotekun are armed; Fulani Miyetti Allah are armed; Fulani terror herdsmen are armed; Fulani-funded bandits are armed; Fulani Ansaru Brigade is armed. They all gather in public without any military interference.

“But as soon as Biafran youths congregate in any location to pray, every Nigerian military formation, including police, DSS, army, air force stationed in Biafraland will descend on them, firing indiscriminately with the intention of killing as many innocent people as possible because IPOB is a peaceful movement," he added.

However, a day after the violent clash, a combined team of the police, DSS and the Nigerian Security and Civil Defense Corps, (NSCDC) yesterday embarked on a show of force in Enugu.

The security operatives drove around the capital city, in a bid to send a strong signal to members of the IPOB who have threatened to retaliate Sunday’s attack and alleged killing of some of its members by security operatives.

Bus drivers in Enugu State have suspended their services in protest against the alleged killing of their members by security operatives during the clash.

The drivers alleged that the police and DSS killed two of their members during the incident and demanded that justice must be done to the deceased.

But the Chairman of Road Transport Employers Association of Nigeria (RTEAN) in the state, Chidiebere Aniagu, said his members were not part of the protest.

REPORTING PROGRESS...

L-R: Company Secretary, Daar Communications Plc, Mr. Donatus Anopuo; Chairman, Chief Raymond Dokpesi Jnr; and Group Managing Director, Mr. Tony Akiotu, at the company's 12th Annual General Meeting in Abuja...yesterday

FG to Fine International Airlines $3, 500forBoardingCOVID-19Traveller Olawale Ajimotokan in Abuja The Presidential Task Force on COVID-19 has threatened to slam a fine of $3,500 per passenger on international airlines that board COVID-19 travellers.

The threat was contained in the new protocols for international flights into the country, issued yesterday by the National Coordinator of the PTF, Dr. Sani Aliyu, at the task force's briefing in Abuja.

Aliyu said passengers observing self-quarantine, who fail to show up for a repeat of the PCR (Polymerise Chain Reaction) test would be placed on the international watchlist and their electronic passport suspended.

He said the new point of entry protocols would only affect foreigners coming to the country, adding that the PTF believed that it would now be safe to shorten the isolation period for incoming passengers from 14 days to eight days from August 29.

"We will continue with the policy of ensuring that airlines only board passengers without symptoms of COVID-19 and with negative PCR result. Airlines will be fined $3,500 per passenger if they fail to comply with pre-

boarding COVID-19 requirements.

"On arrival in-country from the 29th of August, passports will no longer be retained by the Nigerian Immigration Service, rather, passengers will be allowed to proceed and exit the airport once they can show evidence of a negative COVID-19 PCR result, evidence of payment for a PCR result in-country and where possible and where we have been able to sort this health questionnaire form that has been submitted either manually or electronically.

"Passengers will be asked to proceed on self-isolation at home for a period of seven days. On day seven, they will proceed to sample collection centre or laboratory for a repeat of COVID-19 PCR test; by day eight, if the PCR test is negative, they will be allowed to exit isolation,'' Aliyu said.

He added that the task force has resolved that it will be safe to shorten the current quarantine period or self-isolation for passengers coming into the country from 14 days to eight days, provided they have a negative PCR test result from day seven.

"Passengers will be monitored by public health officers

throughout the period of selfisolation; those who develop symptoms will be treated in the same way that we currently manage our COVID-19 positive patients."

According to him, all intending travellers to Nigeria must have tested negative for COVID-19 PCR before they will be allowed entry into the country.

He said the PCR test should be done close to the point of departure for Nigeria, preferably from 48 to 72 hours, adding that the PTF is presently developing a national payment portal prior to boarding, which will be linked to the current Lagos payment portal that is already active for passengers.

Meanwhile, the federal government has also attributed the recent spike in the number of confirmed COVID-19 cases in Lagos State to Nigerian nationals who were evacuated from foreign countries.

The Chairman Presidential Task Force on COVID-19, Mr. Boss Mustapha, said at the press briefing that although the federal government has in place Point of Entry Protocols to minimise importation of the virus, the validation process for the preboarding PCR test revealed that

64 per cent of new cases in the number of confirmed cases in Lagos, particularly the 404 cases on August 22, came from the evacuees.

Mustapha also added that although 4,984 Nigerians have returned home, the federal government will intensify the validation process for the PCR tests in order to minimise risks.

He said all evacuation flights would cease from today while with effect from August 29, all international travellers on scheduled flights would be required to pay for their PCR test ahead of their flight by indicating their preferred laboratory after filling online to have the test.

While referencing the WHO guidance on the use of masks for children of 11 years and above in the context of COVID-19 as it relates to the community, Mustapha urged children with immune-compromised conditions to wear mask irrespective of their age.

He also wished Lagos State Commissioner for Health, Prof.

Akin Abayomi, who tested positive for the virus speedy recovery, adding that the PTF felt saddened at the news, given that Abayomi has been foremost in the fight against the virus.

TUESDAY AUGUST 25, 2020 • T H I S D AY

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PAGE EIGHT IN MAJOR COUP, CBN BLOCKS OVER-INVOICING, FX OVERPRICING It said the move was part of its continued efforts to ensure prudent use of the scarce foreign exchange resources and eliminate incidences of over-invoicing, transfer pricing, double handling charges and avoidable costs that are ultimately passed to the average Nigerian consumers.

The measures attracted praise by the Chairman of United Bank for Africa (UBA), Mr. Tony Elumelu, who said bolder and more cohesive measures like these would make the difference in the spirited efforts to revive the nation’s ailing economy.

The CBN took the measures in a circular titled: “Destination

Payment for All Forms M, Letter of Credit and Other Forms of Payment,” dated August 24, 2020.

The circular addressed to all authorised dealers and members of the public was signed by the Director, Trade and Exchange Department, CBN, Dr. Ozoemena Nnaji.

A Form M is a mandatory statutory document to be completed by all importers for the importation of goods into Nigeria. It is mandatory for all importers to complete and register Form ‘M’ with authorised dealers at the time of placing orders.

The CBN said: “As part of continued efforts of the CBN

to ensure prudent use of our foreign exchange resources and eliminate incidences of over-invoicing, transfer pricing, double handling charges and avoidable costs that are ultimately passed to the average Nigerian consumers, authorised dealers are hereby directed to desist from opening Forms ‘M’ whose payment are routed through a buying company, agent or any other third parties.

“Accordingly, all authorised dealers are hereby requested to only open Forms ‘M’ for Letters of Credit, bills for collection and other forms of payment in favour of the ultimate supplier of the product

or service. This directive is with immediate effect.

“Additionally, in line with best practices around the world, the CBN will be immediately introducing a product price verification mechanism to forestall over-pricing and/ or mispricing of goods and services imported into the country.

“All authorised dealers shall use this mechanism to verify quoted prices before Forms ‘M’ are approved. Please ensure strict compliance.”

Over-invoicing of imports have been a major drain on the nation’s external reserves, which stood at $35.597 billion as of August 20, according to

figures obtained on the CBN’s website.

Analysts praised the CBN for summoning the will to take these measures at a time like this when the country is witnessing major economic stress.

Elumelu led the commendation group yesterday, saying: “One should always commend robust and forwardthinking measures by key public sector actors whenever they are taken and I am always eager to commend loudly and publicly when it is merited.”

He said he could not have been happier to read the latest policy measures issued by the Godwin Emefiele-led CBN

aimed at eliminating the use of “buying agents” or third parties.

“This particular loophole has been a drain on our FX resources and its immediate elimination should be welcomed by all well-meaning Nigerians and friends of Nigeria,” he said on his verified Twitter handle.

Elumelu said the new measures along with other initiatives, including boosting rice and gold production, the ongoing power sector sustainable liquidity and global standing payment order for all defaulting loan customers, there would be cause for optimism for the revival of the economy.

(rtd).

The governor had met behind closed doors with Obasanjo for about an hour in his Presidential Library Pent House in Abeokuta.

A statement by Obasanjo's Special Assistant on Media, Mr. Kehinde Akinyemi, had quoted the governor as saying he visited the former president to consult with him on issues concerning governance and others.

"You know baba is our leader, statesman. And it is always good for us to come around to see how he is doing, pay homage and consult him on many issues of governance.

That is why we have come this afternoon. And, we brought him the greetings and felicitations of the good people of Sokoto State,” the statement had quoted the governor, who was a leading contender for the presidential ticket of the Peoples Democratic Party (PDP) in the 2019 election

season, as saying.

However, THISDAY learnt yesterday that the main reason for the visit, which the former president's aide described as unscheduled, was for Tambuwal to feel Obasanjo's pulse on his presidential bid.

Sources told THISDAY that after the meeting with Obasanjo, Tambuwal headed for Lagos where he held talks with Danjuma in his residence.

He was said to have briefed the former minister on his decision to vie for the presidency in 2023.

The meeting was said to have lasted for over two hours before the governor departed for Sokoto.

Investigation also revealed that as part of the series of consultations, Tambuwal had on Thursday met with Mark in his Abuja residence.

However, the PDP National

AGAINST THE RUN OF PLAY, TAMBUWAL INTENSIFIES PRESIDENTIAL RUN of the Senate, Senator David Mark, to aid his ambition in 2023.

But Southern leaders THISDAY spoke to since the story broke have frowned at the governor’s move, saying it runs against the clamour for power shift to the South from the North.

There has been agitation for the presidency to move down to the South after President Muhammadu Buhari’s tour of duty in 2023.

The president’s older nephew, Malam Mamman Daura, had rekindled the controversy when recently he argued for merit over geopolitical consideration in the bid for his uncle’s replacement.

Southern leaders, particularly the President of Ohanaeze Ndigbo, Chief John Nwodo, had responded, dismissing his argument as self-serving.

The ones who spoke on condition of anonymity

yesterday said Tambuwal’s ambition would exacerbate the feeling of injustice and exclusion in the South, explaining that it would be socially unjust for another northerner to replace Buhari in 2023.

The governor’s bid, they said, is particularly untenable given the fact that he is contesting on the platform of the Peoples Democratic Party (PDP), a party, they pointed out, has the principles of zoning and rotation engraved in its constitution.

Although some analysts have also reasoned that it may be too early to start such consultations, warning that he may run out of steam before the actual contest starts, THISDAY gathered last night that Tambuwal has actually designed an elaborate plan to sustain the momentum.

The Sokoto State governor had bided for the ticket of the PDP for the 2019 presidential contest, coming a distant second to the eventual winner, former

Vice President Atiku Abubakar, who polled over 1,500 votes to Tambuwal’s 693.

However, it was understood that Tambuwal, who had the backing of most of the governors of the PDP, a powerful bloc in the power equation of the party, lost to the support Atiku had from the party’s founding fathers and establishment.

Learning from that pitfall, he is said to have decided to take steps to court the support of the party’s older cadre, visiting last week the military wing of the PDP that is believed to hold the aces in the political organisation known for its high-stake conspiratorial politics.

“Tambuwal knows where the rain beat him the last time and has decided to take cover,” a source in his strategy team told THISDAY last night.

He is, however, not letting off his old and reliable constituency, the PDP Governors’ Forum,

which he currently chairs.

“His chairmanship of the PDP Governors’ Forum, deputy head of the Nigeria Governors’ Forum, are strategic moves to place him at an advantage of leveraging on those positions to further the larger objective of taking the top seat in the nearest future,” another source told THISDAY, explaining that the positions would enhance his political networking.

THISDAY had reported on Monday that Tambuwal had begun consultations with some notable political leaders over his presidential aspiration on the platform of the PDP. He started the meetings last Thursday when he met Mark, during which he discussed his ambition with him.

Tambuwal was to continue the consultation on Saturday with visits to a former president, Chief Olusegun Obasanjo, and a former Minister of Defence, Lt. Gen. Theophilus Danjuma

Continued on page 9

WITH 6.10% GDP CONTRACTION, ANALYSTS SEEK ECONOMIC STABILISATION MEASURES curfew, ban on domestic and international travels, closure of schools and markets among others had affected both local and international trade.

However, the GDP growth rate indicated a contraction of 8.22 percentage points when compared with the 2.12 per cent growth in Q2 2019 as well as a decline of –7.97 per cent when compared to the 1.87 per cent recorded in Q1 2020.

As a result, only 13 activities recorded positive real growth compared to 30 in the preceding quarter as average daily oil production dropped to 1.81 million barrels per day (mbpd) in Q2 or –0.26mbpd lower than the 2.07mbpd in Q1.

The NBS noted that the decline in economic growth had truncated the three-year trend of low but positive real growth rates recorded since the 2016/17 recession.

Real GDP declined by –2.18 per cent year-on-year for the first half of the year (H1 2020) compared to 2.11 per cent recorded in H1 2019.

According to Nigerian Gross Domestic Product Report – Q2 2020, released by the statistical agency, quarter-on-quarter, real GDP further contracted by –5.04 per cent.

In the quarter under review, aggregate GDP stood at N34.02 trillion in nominal terms or -2.8 per cent lower than Q2 2019, which recorded N35 trillion (revised) while real GDP was estimated at N15.89 trillion from N16.74 trillion in Q1.

The oil sector's contribution to real GDP in Q2 declined to 8.93 per cent from 9.50 per cent in the preceding quarter and 8.98 per cent in Q2 2019.

The non-oil sector also contracted by 6.05 per cent in real terms in Q2, representing

the first decline in real non-oil GDP since Q3 2017.

In real terms, the sector accounted for 91.07 per cent of aggregate GDP, slightly higher than the 90.50 per cent share recorded in the previous quarter as well as 91.02 per cent in Q2 2019.

The non-oil sector growth was driven by financial and insurance institutions, information and communication, agriculture particularly crop production, and public administration, thereby moderating the economy-wide decline.

However, transport and storage, accommodation and food services, construction, education, real estate and trade, among others, experienced the highest negative growth during the review period.

Agriculture, industries and services contributed 24.65 per cent, 21.87 per cent and 53.49 per cent to real GDP respectively.

Agriculture grew by 1.58 per cent in Q2 from 2.22 per cent in Q1 and 1.79 per cent in Q2 2019 while manufacturing contributed 8.82 per cent, compared to 9.65 per cent in Q1 and 9.08 per cent in Q2 2019.

Analysts Proffer Stimulus for the Economy However, reacting to the country's economic performance, Prof. Uche Uwaleke, of the Nasarawa State University, Keffi, said the GDP figures could be the worst this year.

He said the country was likely to post yet another negative real GDP growth in the subsequent quarter though the size of decrease might be

much lower as the economic activities were expected to pick up and crude oil price gradually rises.

The former Imo State commissioner for finance said that to moderate the impacts of the economic headwinds, it was important to increase the size of the various interventions by the government and the Central Bank of Nigeria (CBN) as well as ensuring that these programmes are well-targeted and implemented.

He said: "The negative growth in real GDP in Q2 2020 was expected. It is easy to see why this happened. The negative impact of COVID-19 on health, which resulted in lockdown and supply chain disruptions, the collapse in crude oil price and reduction in output in compliance with OPEC + agreement, the illiquidity in the forex market and the lingering insecurity in the country, which affected agriculture output are to blame.

"This explains why the agriculture sector managed to eke out a growth rate of 1.58 per cent, and manufacturing, trade and so many other sectors recorded negative growth."

Also, an economist and former Director-General, Abuja Chamber of Commerce and Industry (ACCI), Dr. Chijioke Ekechukwu, said there would be ripple effects following the GDP decline as all sectors of the economy had been adversely affected except telecommunications, virtual and internet sectors.

By implication, he said the country's per capita income, which reveals the poverty level would decline as inflation rate could maintain its upward trajectory in subsequent months.

He said the unemployment

rate would continue to rise as companies shut down, lay off staff or default in salary payment.

"When the foregoing happens, revenue realisable from taxes will drop. Company income tax will drop because profits have dropped and other companies may either shut down or producing at less than capacity.

"Government has to identify key sectors like manufacturing, ICT, agriculture and MSMEs, and channel so much of single-digit credit facilities, and monitor utilisation of same. In other words, the government should inject funds to critical sectors.

"We cannot over-emphasise the need for stable sources of power, whether renewable energy or hydro energy. Build them within a business park or cluster of companies and provide all facilities that will enhance seamless production at shared minimal cost," he added.

Ekechukwu stated that the government should also set a target for terminating the importation of petroleum products by revamping the refineries to reduce pressure on the country's foreign reserves and cut down the exchange rate dissipation.

Also commenting on the GDP, Chief Investment Officer, Sigma Pensions, Mr. Pabina Yinkere, also predicted a lower rate of GDP contraction in Q3.

He said: “We had expected to see a sharp decline in Q2 2020 GDP growth resulting from the COVID-19 induced lockdown, steep decline in oil prices and associated low economic activity for much of the quarter.

“This comes as no surprise as other world economies have

faced similar sharp contraction in output because of the global pandemic.

"We expect that Q3 2020 GDP numbers will show an improvement from the 6.1 percent contraction in Q2 as the world and domestic economies lift the lockdown restrictions.”

Head of Research at United Capital, Mr. Wale Olusi, also said that the current performance indicated that a full-blown recession was imminent in the next quarter and urged the government to explore the enormous potentials provided by the digital economy to spur growth.

He said: "We think the digital economy still needs to be properly captured, due to the rising amount of activities in the digital space, which may not be properly captured by the telecommunications or ICT. “For the rest of the year, we think this signals that recession will kick in fully by Q3, as key sectors such as oil and gas, trade and agriculture, accounting for about 50 per cent may not rebound fully by end of September 2020."

Also, an Associate Professor of Agricultural Economics at the University of Port Harcourt, Dr. Anthony Onoja, said the government must respond to the declining economic fortune by providing stimulus packages to SMEs in the form of interest-free loans, tax holidays, easing off lockdown restrictions particularly the opening of markets closed down since the beginning of the pandemic in most states while enforcing social distancing and use of face masks.

He said social protection infrastructure for households needed to be developed and existing ones implemented

transparently so as to boost aggregate demand, which is a necessary condition for improving the unemployment situation.

Onoja said the foreign exchange regimes should be strictly guided by the CBN to arrest the falling value of the naira to the US dollar.

Head of Research at Afrinvest West Africa Limited, Mr. Abiodun Keripe, said while the contraction was in line with expectations, "however, we had estimated a sharper contraction in excess of 10 per cent year-on-year given that the size of the GDP is different across quarters, and Q1 and Q2 are the lowest in terms of size.”

TOP GAINERS NGN NGN % UNIVERSITYPRESS 0.12 1.36 9.6 UNITYBANK 0.05 0.57 9.6 REGENCY 0.02 0.24 9.1 CHAMPBREW 0.07 0.85 8.9 CORNERSTONE 0.05 0.63 8.6 TOP LOSERS NGN % TRANSCORP 0.05 0.56 8.2 ROYALEXCH 0.02 0.24 7.6 JAIZBANK 0.03 0.57 5.0 NPFMFB 0.06 1.22 4.6 PRESCO 2.00 49.00 3.9 HPE Nestle Nig Plc ₦1,256.80 Volume: 251.188 million shares Value: N2.360 billion Deals: 3,737 As at yesterday 24/8/2020 See details on Page 27

9

TUESDAY, ͺͽ˜ ͺ͸ͺ͸ ˾ T H I S D AY

NEWS

Normalcy Returns as UNILAG Gets First Female Acting VC Uchechukwu Nnaike in Lagos and Kuni Tyessi in Abuja Peace is set to return to the University of Lagos (UNILAG) as its Senate yesterday elected Prof. Folasade Ogunsola as the new acting vice-chancellor.

Ogunsola's emergence, after a meeting of the Senate of the institution, is expected to end a leadership crisis arising from the war of attrition between the Pro-Chancellor and Chairman of its Governing Council, Dr Wale Babalakin, and the ViceChancellor, Professor Oluwatoyin Ogundipe.

President Muhammadu Buhari last Friday suspended Babalakin and Ogundipe.

In addition, the president, in wading into the power tussle between Babalakin and Ogundipe, had directed the removal of the acting VC, Prof.

Theophilus Soyombo, earlier appointed by the council when it removed Ogundipe, asking the Senate to elect another person

to hold the fort.

Besides, Buhari as the visitor to the university constituted a visitation panel to look into the crisis in the university and recommend workable solutions and peaceful resolutions.

The panel, chaired by a former Vice-Chancellor, Federal University of Technology, Minna, Prof. Tukur Sa’ad, has two weeks to submit its report.

Other members of the special visitation panel are Mr. Victor Onuoha; Prof. Ikenna Oyindo; Prof. Ekanem Braide; Prof.

Adamu Usman; Chief Jimoh Bankole; and Ms. Grace Ekanem, who is the Secretary.

The establishment of the visitation panel was announced on the day Ogundipe withdrew from the National Industrial Court (NIC) where he had gone to challenge his controversial removal by the governing council of the university.

Yesterday's election of Ogunsola, who was the Deputy Vice-Chancellor (DVC),

Development Services, as the acting VC, made her the first female to attain such a position in the 58-year history of UNILAG. Ogunsola got 135 votes to beat the DVC Management Services, Prof. Ben Oghojafor, who got 31 votes.

Ogunsola, born in 1958, is a professor of Medical Microbiology and specialises in disease control, particularly HIV/AIDS. She is also the immediate past Provost, College of Medicine, University of Lagos, and is reputed as being the first woman to occupy the position. She became the DVC, Development Services of the institution in 2017.

In her acceptance speech, Ogunsola, who doubles as the Chairperson of Infections Control, Africa Network, and member of the Lagos State COVID-19 Task Force, thanked the Senate members for entrusting her with the huge responsibility.

“Electing me the acting vice-chancellor at such time the

university is going through so much is a big task. But it is a task for all of us, and I appeal to you to help rewrite the story of this great university for good,” she said.

The UNILAG chapter of the Academic Staff Union of Universities (ASUU) yesterday welcomed Ogunsola's election, stating that calm has been restored to the institution with her emergence as the new acting VC. The Chairman of ASUU in the institution, Dr. Dele Ashiru, told reporters that they were waiting for the visitation panel to start work while hoping that parties concerned would get justice.

Ashiru decried the locking of the university auditorium before the meeting of the Senate.

“The locking of the auditorium is a crudity that has characterised Dr. Wale Babalakin’s reign.

“No principal of the university should have the temerity to trample on the Senate of the university as we witnessed

earlier this morning by the university's Registrar,” he said.

On whether punishment will be meted out to the Registrar, Mr. Azeez Oladejo, he said it was premature to sanction him, adding that the union stands for due process and when a case is established against him, he would be duly sanctioned for such act.

Before the Senate met yesterday, there was a mild drama as the members were initially barred from meeting by a memo posted on the door of the auditorium.

The memo signed by Oladejo, stated in part: “This is to inform all Senate members that no meeting of the Senate has been summoned, members should await proper notice of meeting after the Federal Government of Nigeria has clarified some issues germane to the meeting.”

But some workers later opened the door to the main auditorium for the Senate members to meet.

Senate Discontinues Suit against Babalakin, Others The Senate of the institution has filed an application at the National Industrial Court to discontinue a suit challenging the sacking of Ogundipe.

The defendants in the suit, marked NICN/LA/283/2020, were the university’s governing council, Babalakin, Oladejo, Soyombo and Ogundipe.

But the Senate, through its counsel, Prof. Taiwo Osipitan (SAN), prayed the court to declare that Ogundipe’s ouster via an August 12, 2020 letter was not procedural, and was null and void.

The Senate also prayed the court to restrain Soyombo from parading himself as UNILAG acting VC. THISDAY learnt that the decision to withdraw the suit followed Buhari’s intervention in the crisis.

UN Urges Nigeria to Explore Political Solution to Insurgency, Banditry Says military action, dialogue should go together Buhari excited as global agency lauds administration's strides Omololu Ogunmade in Abuja The United Nations (UN) yesterday called on the federal government to combine dialogue with the deployment of force to combat insecurity in Nigeria.

It described Nigeria's security crisis as complicated as banditry in the North-west is combined with terrorism and asked the federal government to also explore a political solution in fighting insurgency and banditry.

Briefing State House reporters after leading a UN team to a meeting with President Muhammadu Buhari, the UN Resident and Humanitarian Coordinator in Nigeria, Mr. Edward Kallon, said in view of the complexity of security conflicts in Nigeria, the team believed the country needed a multi-pronged approach in resolving the crisis.

He classified the security crisis bedevilling the country into three; comprising identity-based conflict, resource-based conflict and power-based conflict.

He said each of the three required different approaches and solutions to tackle.

He added that the attempt to find the solution to banditry in Nigeria, for instance, is complicated as a result of its combination with terrorism.

According to him, the solution to this range of security crisis is difficult to decipher because each has to be separately dealt with.

He stated that solutions to the crisis must be pursued from the political, economic and social perspectives, adding that the relationship among the three factors must be established in

the efforts to address issues of criminality, banditry and terrorism in Nigeria.

He said: "So, the conflict is still ongoing. It's not over. But today again, I told Mr. President that in addition to the military effort, that there is a need to complement that with enhanced dialogue and political approach process in search of a durable solution to the crisis.

“So, we think various approaches have to be used to find a solution. But when you talk about conflicts in Nigeria, we are talking about three typologies.

"There is no one-size-fits-all.

You have identity-based conflict, resource-based and power-based conflict. Each of those typologies requires different approaches and solutions. That is the complex axis we are dealing with.

"In the North-west, you have the situation of banditry that is mixed up with some elements of terrorism, which makes it even more complex. And there is also power based-conflict that is ongoing. So, because of the mixture of these typologies within Nigeria itself, that is why it is so difficult to find solutions to them because you have to deal with each of them.

"But underneath all these beehives of conflict dynamics, there are three dynamics that should be examined before a solution is found; we must look at the political, economy and social context that are so critical in finding a solution.

The relationship between those three factors remains extremely important when you start looking at the issue of criminality,

banditry and terrorism. So, my call to His Excellency is to look at that robust mechanisms as a way of trying to find solutions to the conflicts in general."

Kallon also spoke on humanitarian crisis in the North-east, saying that at the beginning of the insurgency in the region, it was impossible to gain access to the internally displaced persons (IDPs) camps.

He said even though the situation had improved, it was still cumbersome because IDPs "are still kept in garrison type of camps."

He added that victims of insurgency in the North-east have been unable to return to their homes to continue with their livelihoods and advised the president to make the search for peace in the region his major commitment.

The UN representative added that in the efforts to achieve peace-building in the region that will bring lasting reliefs to displaced 1.2 million persons as well as 293,000 refugees in Niger, Chad and Cameroon, a framework to find a solution to the crisis in North-east must be deliberately created.

Kallon said: "I have been part of this endeavour for three-anda-half years, from the time we had no access to the affected population, to the point where we had access to the affected population who are currently in IDP camps, and that is due to the gradual improvement of security that was possible.

"Most of you could remember at the beginning of this crisis - there was no access to the affected population because

of insecurity. That element has improved over the years.

Yet still, the situation is still extremely difficult in the sense that the population are still kept in garrison type of camps. People are not able to go back to undertake their normal activities to rebuild their lives and livelihood. There are periodic attacks on them by non-state armed groups.

"So, it is quite a difficult situation at this point in time.

As a result of that, we are very clear on, and I told this to Mr. President, that there are no humanitarian solutions to humanitarian problems and that the only solution to the North-east is peace. The only thing we can do is to ensure that in whatever we do, we prioritise prevention. We support development in areas feasible and we provide humanitarian assistance when needed.

"In our jargons, we say we have to bridge the humanitarian development of peace-building as a framework to find a solution to the crisis in North-east Nigeria.

The affected people, especially the 1.2 million IDPs and over 293,000 refugees in Niger, Chad and Cameroon must be supported in every way."

Kallon explained that even though the UN is not a financial institution, it has invested about $1.5 billion to support Nigeria's humanitarian crisis as well as its developmental efforts.

He described the main concerns of the UN as technical assistance, policy and advisory services as well as strengthening of institutional capacity, among others.

"The strength of the UN system is technical assistance, policy and advisory services, strengthening of institutional capacity to deliver basic social services with global best practices, data advisory services and convening role," he explained.

Kallon commended the federal government for its swift response to the outbreak of COVID-19 by setting up the Presidential Task Force (PTF) and commended Nigeria for lending its "voice in the global call for a people's vaccine for Coronavirus, so that it does not become a vaccine for the rich and powerful alone, but for all humanity."

Responding to a question on how Nigeria could sustain its polio-free status, a member of the team, Mr. Peter Hawkins, urged the country to sustain immunisation and ensure constant vaccination.

On the UN's impression about the fight against corruption in Nigeria, Kallon said the team commended Buhari "for his resolve to reform and return discipline in the public service as well as the success in fighting corruption, including the convictions and recovery of assets."

He added that they told Buhari that as he continues to "strengthen institutions to fight corruption, we now also need to increase our support for grassroots and 'people-centered' approach and get all members of the community involved and engaged."

However, a statement by a presidential spokesman, Malam Garba Shehu, later,

said Buhari welcomed the UN commendations on efforts to restore security, strengthen institutions against corruption, improve health facilities and rebuild the multilateral institution’s office attacked by terrorists in 2011.

Buhari told the UN team that the reconstruction of UN building by the federal government was in appreciation of the work of the international organisation, describing the attack by terrorists on the building as regrettable.

“Thank you for what you have been doing in the country, especially for women and children. I am glad you have put together a dedicated team to work with us,’’ Buhari said.

The president also commended the various programmes of the UN in Nigeria.

“I am very impressed with the number of programmes you are carrying out and I hope that our ministers will continue to cooperate with you,’’ he stated.

On the reconstruction of the UN Building and Boko Haram bombing incident, Buhari said: “I assure you that beyond the renovation of your headquarters after that incident, we will continue to make your job feasible and comfortable. If you need anything in the course of your assignments talk to the Minister of Foreign Affairs, Mr. Geoffrey Onyeama.’’

Shehu said Kallon, in his remarks, praised the administration of Buhari for the rebuilding and modernisation of the UN House in Nigeria, describing it as a commendable support to multilateralism.

77 years by then, stressing that the belief that the performance of President Muhammadu Buhari has been impaired by old age and health challenges may make Nigerians wary of entrusting another near octogenarian with power in 2023.

A former aide of the late President Shehu Shagari, Alhaji Tanko Yakassai, had also told THISDAY that any opposition party must adopt a zoning system that would earn it votes if it is serious about winning the next presidential election.

Yakassai explained that the other political parties which

are also operating a zoning principle must not tailor their zoning arrangement to suit that the ruling party.

"It does not mean that the opposition party must align with the zoning arrangement of the other party. In other words, if one party produces a candidate from the North, the next one should produce from the South. But zoning arrangement cannot prevent another party from producing a candidate from the zone where the other party had produced a candidate that occupy that office at one time," he stated.

AGAINST THE RUN OF PLAY, TAMBUWAL INTENSIFIES PRESIDENTIAL RUN Working Committee (NWC) has not officially announced the party’s zoning arrangement for 2023 presidential ticket, as THISDAY gathered that the main opposition party is said to be waiting for the ruling All Progressives Congress (APC) to make a decision before announcing from which zone its candidate will come from.

When THISDAY contacted the PDP National Publicity Secretary, Mr. Kola Ologbondiyan, for his comment on Tambuwal’s consultations, he said that zoning was not yet on the agenda of the PDP.

According to him, the party is concentrating on the governorship elections in Edo, Ondo and other by-elections slated for September and October 2020.

But another party source, who spoke on Tambuwal’s consultations, told THISDAY: "In the PDP, the manner of zoning is not clear, but the governor of Sokoto State, Hon. Aminu Waziri Tambuwal stands out clearly.

"He is the youngest in the race with a loaded credentials both in the executive and legislative arms of government. Moreover,

he is a lawyer. That is the judicial arm."

According to him, Tambuwal has solid credentials that make him fit for the job.

The governor was speaker of the House of Representatives for four years and is about to complete his two-term tenure of eight years as governor of Sokoto State, he said, adding that he is currently the deputy chairman of the Nigeria Governors’ Forum (NGF) and also the chairman of the PDP Governors' Forum.

The source explained that Tambuwal also enjoys the

support of PDP governors, who form a critical power bloc in the party.

"Take it or leave it, political pundits say that he is the aspirant to beat. He carries the PDP governors along with him and the South-east is merely jostling for the vice-presidential position,” the source said.

The source, however, added that from the body language of a former vice president, Alhaji Atiku Abubakar, he is also interested in contesting the 2023 presidential election.

But he said that age might not be on his side as he would be

10

TUESDAY AUGUST 25, 2020 ˾ T H I S D AY

NEWS

Gunmen Kill One Person, Abduct Students in Kaduna Community John Shiklam in Kaduna One person was killed while many others, including final-year students of a Junior Secondary School were abducted when gunmen invaded Damba-Kasaya community in Chikun Local Government Area of Kaduna.

The bandits were said to have arrived the community at about 8am, yesterday, riding on motorcycles.

They were said to have abducted many of the villagers before storming Prince Academy, to abduct Junior Secondary School (JSS3), students who were receiving

lessons, preparatory for their final examinations.

One of the villagers was reportedly killed when they were pursuing the bandits.

A resident of the community, Bawa Wakili, said the bandits

came in a large number “like they always do,” and were shooting sporadically.

The bandits also destroyed musical and public address system worth thousands of naira in Aminchi Baptist Church, located

in the community.

Wakili who lamented the security situation in rural communities, said he relocated to Damba-Kasaya a couple of months ago after herdsmen sacked his village -Rumana Gbagyi also in

Chikun LGA. “They abducted many people in the village before they went to Prince Academy and abducted many of the students who were receiving lessons for their JSS3 examinations.

SultanVisits El-Rufai over Southern Kaduna Killings The Sultan of Sokoto, Saad Abubakar, yesterday visited Kaduna State Governor, Malam Nasir El-Rufai over the killings in the southern part of the state.

The governor disclosed this via his verified Twitter handle.

“Malam Nasir El-Rufai has welcomed His Eminence, the Sultan of Sokoto, who is on a private visit to Sir Kashim Ibrahim House,” @GovKaduna wrote.

Yesterday’s visit comes barely 24 hours after Sunday’s visit by the deposed Emir of Kano, Muhammadu Sanusi ll.

Though the purpose of the Sultan’s visit was yet to be disclosed, it was gathered that it was not unconnected to the killings in the southern part of

the state.

Although the Sultan declined to speak to reporters after the meeting, El-Rufai said the meeting discussed the security challenges in southern Kaduna and other parts of the state.

The governor disclosed that he received advice and encouragement from the royal father towards finding a lasting solution to the security challenges in the state.

He appreciated the Sultan for his fatherly visit and support in ensuring that peace returns to the state.

Kaduna has been experiencing a series of attacks with a recent one carried out six weeks ago.

Nigeria’s COVID-19 Cases Rise By 321 to 52,548 Martins Ifijeh Nigeria has recorded 321 new cases of COVID-19, bringing to 52,548 the number of confirmed cases in the country.

Announcing this yesterday, the Nigeria Centre for Disease Control (NCDC) said Lagos recorded 98 new cases; Federal Capital Territory (FCT), 34; Kaduna, 30; Nasarawa, 25; Benue, 21; Plateau, 17; Rivers, 15;

Adamawa and Ogun, 11 each; Enugu, nine; Edo, eight; Ekiti and Delta, seven each; Gombe, five; Ebonyi, four; Bayelsa, Kano and Ondo, three each; Cross River, Kebbi, Imo and Niger, two each; while Bauchi and Abia recorded one each.

It said: “Nigeria has so far recorded 52,548 cases of COVID-19. 39,257 patients have been discharged, while 1004 persons have died.”

Lagos Assembly Summons Sanwo-Olu’s CoS, Others over Usage of Helicopters Eddie Alegbe The Lagos State House of Assembly has summoned the Chief of Staff (CoS) to the state Governor, Babajide Sanwo-Olu, Mr. Tayo Ayinde; the state Commissioner for Economic Planning and Budget, and the Commissioner for Special Duties and management of the Lagos State Security Trust Fund (LSSTF) over the whereabouts of the three helicopters belonging to the state government.

Raising the issue under Matter of Urgent Public Importance during plenary yesterday, the Chief Whip of the Assembly, Hon. Mojisola Miranda, stated that the offices and ministries, departments and agencies (MDAs) in-charge of the helicopters should be written to and that the Assembly should know the agreement between the state government and Caverton Helicopters managing the helicopters.

According to Miranda, “If you may recall, in 2007, the House of Assembly passed a bill for the establishment of the Lagos State

Security Trust Fund (LSSTF) for the state government to equip and strengthen the security agencies in the state.

“In 2015, three helicopters were bought by Governor Akinwunmi Ambode’s government to strengthen security in the state, but the helicopters are nowhere to be found now.

“I will want us to look at it and get the concerned parties to tell the Assembly the location of the three helicopters to see if they are just lying unused or if the state government has entered into an agreement with an entity on the equipment and see to what extent the agreement has been working.”

The Speaker of the Assembly, Rt. Hon. Mudashiru Obasa, pointed out that the helicopters were meant for dual purposes, and that they were meant to be used for security and for commercial purposes.

Obasa emphasised that the Assembly should just try to know what has accrued to the state from the helicopters so far, stating that this was the first time theAssembly would be talking about the equipment.

REMEMBERING THEIR ALMA MATER...

L-R: Publicity Secretary, St. John’s Old Boys Association, Mr. Kehinde Bamigbetan; Auditor, Mr. Adedapo Adeyeba; President, Dr. Festus Oshoba; General Secretary, Mr. Debo Adefisan; and Financial Secretary, Mr. Joseph Adedire, at the swearing-in of the National Executive Committee of the association in Ile-Ife, Osun State...weekend

Lagos Health Commissioner Tests Positive to COVID-19 Martins Ifijeh The Lagos State Commissioner for Health, Prof. Akin Abayomi has tested positive to COVID-19.

Announcing this yesterday,

the Commissioner for Information, Mr. Gbenga Omotoso said the professor became aware of his status following the required testing protocol of contact tracing procedures.

He said: “Abayomi is doing well with no symptoms.

Adhering to the protocol of the home-based strategy in Lagos State, he will be isolating in his home for the next 14 days but will continue to discharge

his duties both as the deputy incident commander of the Incident Command System for COVID-19 and most especially, as the commissioner for health.”

He called on Nigerians to pray for his quick recovery.

WHO: Insurgency Denied 500,000 Children Polio Immunisation Onyebuchi Ezigbo in Abuja The World Health Organisation has raised the alarm that 500,000 children were denied access to immunisation from the wild poliovirus in 2016, due to insurgency in the North-east.

WHO’s Polio Eradication Programme Coordinator, Regional Office for Africa, Dr. Pascal Mkanda, told journalists yesterday that Nigeria had already been adjudged

polio-free earlier but in July 2016 four cases were recorded in Borno State.

Makanda spoke at a virtual press conference ahead of the official certification of Africa as a polio-free continent.

The announcement of the certification of the eradication of polio in Africa is expected to hold today (Tuesday).

President Muhammadu Buhari, Bill Gates, and industrialist, Aliko

Dangote, are expected to attend.

Makanda said, “We had a setback in 2016 and later, in July 2016, we saw four cases in the North-East, Borno to be specific. So, working together, using a lot of technology, we estimated that we still had close to 500,000 children who were not being reached because they were trapped due to the insurgency.”

Mkanda said due to combined efforts that included the military, the figure had dropped to 10,000,

which were not enough to sustain transmission.

“We have used a lot of technology, satellite imagery, we have worked with the military and by the time the African Regional Commission was making the decision that we had indeed tamed transmission in that place, we are talking of about less than 10,000 children in a very large geographical area where they cannot sustain transmission.”

IG Suspends Entry Requirements for Recruitment of Police Constables The Inspector-General of Police (IG), Mohammed Adamu, has suspended entry requirements for applicants seeking to be recruited into the Nigeria Police Force as constables.

Under the ongoing recruitment of 10,000 constables nationwide, the applicants were expected to come with their National Identity Number; original and duplicate copies of credentials, (O’ Level results); certificate of origin and

birth certificate or declaration of age neatly arranged in two white flat files with recent passport photographs.

Persons with bow legs, knock knees, bent knees, and gross malformation of teeth were barred from being enlisted into the Force Also, applicants with amputated body parts, defective eyesight, and speech impediment were also barred from the exercise.

Applicants must be within

the ages of 17 and 25 and must possess a minimum of five credits in the West African Senior School Certificate Examination in not more than two sittings.

Women who wish to apply must not be pregnant as of the time of recruitment.

But the IG in a signal dated August 24 directed that no candidate should be disqualified irrespective of their physical appearance, age and qualification.

Adamu also directed his men to attend to all applicants who successfully submitted their applications online.

According to the wireless message sighted by THISDAY, the “InspectorGeneral of Police directs that you attend to all applicants who successfully submitted their online applications to police recruitment portal irrespective of their physical appearance, age and qualification. You are not to disqualify any applicant for any reason whatsoever.

Buhari Appoints Chairman, Secretary of National Commission for Persons with Disabilities Omololu Ogunmade in Abuja President Muhammadu Buhari yesterday approved the composition of the Governing Council and appointments of Chairman, Executive Secretary for the National Commission for Persons with Disabilities.

The appointments are in line

with the Discrimination Against Persons with Disabilities (Prohibition) Act 2019.

A statement by Special Adviser to the President on Media and Publicity, Mr. Femi Adesina, said the Act provides that the commission shall be headed by a part-time chairman and six members who shall be

persons with disabilities from geo-political zones of the federation.

He also said the appointments would be subject to Senate confirmation for a four-year term of office in the first instance, and may be renewed for a second term of four years and no more.

The executive secretary,

he added, who shall be responsible to the council for implementation of the policies and administration of daily affairs of the commission, shall also be a person with disability with a five-year tenure in the first instance, and may be reappointed for a second term and no more.

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TUESDAY AUGUST 25, 2020 ˾ T H I S D AY

NEWS

FG Cautions Parents against Sending Children to N’Cyprus Schools Adedayo Akinwale in Abuja The federal government has cautioned parents against sending their children to schools in Cyprus.

It has demanded that justice must be served accordingly on the sudden death of a 25-yearold Nigerian student in Cyprus, Mr. Ibrahim Khaleel Bello and other Nigerians killed in such mysterious circumstances.

The Chairman of Nigerians in Diaspora Commission (NIDCOM), Hon. Abike Dabiri-Erewa, made the plea yesterday in Abuja following a petition by a Kaduna

State High Court Judge, Justice Amina Bello, on the mysterious and inexplicable death of her son, a third- year Civil Engineering Degree student of Girne American University in Girne (Kyrenia), Turkish Republic of Northern Cyprus.

Dabiri-Erewa in a statement issued yesterday by Mr. Gabriel Odu of the Media and Public Relations Unit of the commission, insisted that the country should be blacklisted given the preponderance of Nigerian students who had died mysteriously in that country without any prosecution or compensation whatsoever.

She, therefore, called on parents to be wary of sending their wards to Northern Cyprus as the country was not recognised by the United Nations except the Republic of Turkey, adding that Nigeria has no diplomatic ties with the country.

The chairman stated: “The death of Ibrahim khaleel Bello should be a tipping point to end the continuous killings of Nigerian students in that Country.

“The time has come for us to blacklist all these Universities in Northern Cyprus and advise our students from seeking any form of admission there as it portends danger to their life and future.”

Cuppy Drops Hotly Anticipated Debut Album, Original Copy Exciting young DJ and producer, Cuppy has unveiled her debut album, ‘Original Copy,’ which has shocked the industry with positive reviews and is a contender for the album of the year.

“We can now crown Cuppy as “Princess of Afrobeats,” said a statement by her publicists.

Many years in the making, Original Copy features an array of high-profile collaborations and sees Cuppy tap into a sound she describes as “neo-Afrobeats”, with the 12-track releasing tackling themes ranging from independence to love lost and African pride.

The album features singles ‘Jollof On The Jet’, the global sensation featuring Rema and RayVanny that has charted in over 15 countries, and the recently-released ‘Karma’ featuring award-winning dancehall star, Stonebwoy.

Further star-studded tracks include: Grammy winner, Wyclef Jean, making an appearance on the feel-good ‘Wale’, Bob Marley’s son, Julian, linking up with Nigerian favorite, Sir Shina Peters, on the cross-continental anthem ‘54’. The project also features UK breakout stars, Ms Banks and Darkoo.

Creating this body of work was a journey for Cuppy, who explains: “I went back to my roots, where I am from; Epe and mixed with the locals for inspiration; I visited my family’s farm and recorded lots of ambient and animal sound samples.

If you listen very carefully you can hear these in each track”.

Beaming about the arrival of her album, Cuppy goes on to say: “I am so proud that the album is now out. For me it’s not about numbers and statistics and charts. It’s about the fact that

I was able to focus and actually achieve my dream of having an album. So honestly, I’m already happy regardless of what happens.

Nonetheless, I encourage everyone to join this journey and I hope they enjoy listening as much as I enjoyed making this album.”

DJ, producer, philanthropist and Apple Music Radio host, Cuppy has quickly risen through the ranks to become a supreme lead role as a global pan-African tastemaker.

With her loveable personality and undeniable hard work ethic she’s embarked on a number of projects, including her Cuppy Takes Africa Tour.

Original Copy brings together some of Africa’s most star-studded artists for a celebration of the continent’s ever-growing influence on the global music scene.

FG to Train 200,000 Health Workers Onyebuchi Ezigbo in Abuja The federal government is set to have 200,000 health workers to be trained by the World Health Organisation (WHO) as part of strategies to contain the COVID-19 pandemic in the country.

This was disclosed yesterday by the Minister of State for Health, Senator Olorunmibe

Mamora, during the media briefing by the Presidential Taskforce on Control of COVID-19.

Mamora disclosed that the WHO, in collaboration with the ministry, has trained 50,000 health workers in the management and treatment of COVID-19.

Mamora said: “The WHO has already trained 50,000

health workers and the target is to get 200,000 workers in the health sector trained on the management and treatment of infectious diseases.”

He also highlighted that the need to improve quality of care, strengthening of the health system and seamless patient evacuation, especially in emergency situation has become crucial.

Nigeria May Collapse Due to Insecurity, CSO Warns Segun James Alarmed by the general state of insecurity, including incessant killings in some parts of the country, various civil society organisations (CSO) under the umbrella of the National Alliance for Development (NADEV) have cried out that violence have escalated in the country with several communities at the

mercy of murderous insurgents, marauding killers, bandits and kidnappers at unacceptable proportions that have gravely endangered the peace, unity and development of the country.

The coalition in a communique issued at the end of their meeting held in Lagos, which was signed

by Alhaji Shettima Yerima; Adewale Adeoye-Journalists for Democratic Rights (JODER);

Dotun Hassan, Yoruba Youth Congress; Auwal Rafsanjani, CISLAC; Mazi Isiguzoro, Chairman, Ohanaze Youth Council, and Comrade Igbifa, president of Ijaw Youth Council, lamented that the national economy has been mismanaged, “which is already approaching a second recession and characterised by huge debt profile.”

Group Condemns Alleged Killing of IgboYouths by Security Operatives Peter Uzoho Nzuko Umunna, an Igbo sociocultural think tank made up of members resident in Nigeria and the diaspora, has condemned what it described as the extra-judicial killings of Igbo youths in Emene, Enugu State, on Sunday by members of the Nigerian Police, Department of State Services (DSS) and Nigerian Army.

The group in a statement yesterday jointly signed by its Coordinator, Ngozi Odumuko; and Secretary, Paschal Mbanefo, commiserated with families who lost their loved ones in the “latest bloodletting”.

Nzuko Umunna said it noted that there were widespread reports that the extra-judicial killings took place when security operatives invaded a peaceful meeting of the youths, while the Enugu

State Commissioner of Police, Ahmed Abdulrahman conceded that many youths “escaped with bullet wound and police have started tracing them.”

“We note with grave concern the constant killing of unarmed Igbo youths by security operatives. This is unacceptable and must stop.

However, we urge Igbo youths to refrain from retaliatory attacks.

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T H I S D AY ˾ TUESDAY AUGUST 25, 2020

POLITICS

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

Before Gender, Religion Destroy the Judiciary Davidson Iriekpen writes that consideration for gender and religion as criteria for appointment of Chief Judges in states should be discountenanced by the National Judicial Council, before it destroys the judiciary

T

he International Federation of Women Lawyers (FIDA) last week joined the growing list of persons and organisations drumming support for the erstwhile acting Chief Judge of Gombe State, Justice Beatrice Lazarus Iliya, who was recently denied the position of a substantive Chief Justice of the state by the state government.

Justice Iliya, who is the most senior judge in the state judiciary, served as acting Chief Judge of the state, but instead of confirming her as the substantive Chief Judge upon the expiration of her first three months or reappointed in acting capacity, her junior was appointed as acting Chief Judge of the state.

FIDA has called on the National Judicial Council (NJC) to resist any attempt by the Gombe State Government to prevent Justice Iliya from becoming the substantive Chief Judge of the state on account of her sex and religion. In a petition to the council, the body of female lawyers lamented what it termed recurring discriminatory actions against female lawyers in parts of the country and vowed to resist the application of such if it is applied in the selection of a substantive Chief Judge for the state.

In a petition forwarded to the NJC and signed by its Country Vice-President, Rhoda Prevail Tyoden, and National Secretary, Evelyn Membere-Asimiea, FIDA drew the attention of the NJC and in particular, its Chairman and Chief Justice of Nigeria (CJN), Justice Ibrahim Tanko Muhammad, to what it described as serious infractions by the state Judicial Service Commission where a female judge is about to be denied elevation to the chief judge of the state, ostensibly because of her gender and religion. The group, a body of female lawyers that also promotes, protects and preserves the rights of women and children, pointed out that several female judges who had been appointed as acting chief judges had been denied the privilege of rising to the pinnacle of being named the substantive chief judge of affected states and urged the council to put a stop to a such discriminatory and frustrating trend. It reminded the NJC “that Justice Iliya who is the most senior judge in the Gombe State Judiciary, and appointed acting chief judge, instead of confirming her as the substantive chief judge upon the expiration of her acting capacity, two other judges have been nominated and a far junior appointed as acting chief judge of the state.”

It also drew the attention of the NJC to the case of Justice Akon Ikpeme of the Cross River State Judiciary who, as the most senior judge was denied the appointment to the pinnacle as chief judge. It insisted that the conditions spelt out in Revised Rule 3(6) of the Procedural Rules of NJC required the consideration of the most senior judge for the position of a chief judge among other requirements, should be followed to the letters.

“The brazen injustice that is gaining grounds in most states against female judges who have worked hard and diligently to deserve an elevation is not in the interest of justice and is tarnishing the reputation of the judiciary.

We, therefore, call on your intervention in the case of the appointment of the Chief Judge of Gombe State and stop the gender discriminatory act of the governor and injustice against Justice Iliya of the Gombe State Judiciary,” FIDA concluded.

Before FIDA rose in Justice Iliya’s defence, the judge herself had personally petitioned the NJC over alleged plot by the Gombe State government to scuttle her elevation as Chief Judge of the state. In the petition which was dated April 21, 2020 and titled, ‘Re-Presentation by Hon. Justice Beatrice L. Iliya in Respect of the Appointment of Chief Judge of Gombe State High Court,’ the embattled female judge chronicled series of events and actions of the state government aimed at stopping her from becoming the

Justice Muhammad

Justice Iliya

next chief judge of the state.

Her petition opened a floodgate of similar petitions from some interest groups and community leaders on the issue.

For instance, a community leader and human rights activist, Yakubu Sarma and Magatakadan Bambam, have both informed the NJC that the preferred candidate of the Gombe State Judicial Service Commission, Justice Mua’zu A. Pindiga, is by far a junior judicial officer to Justice Iliya.

Sarma, on his part, pleaded with the NJC under Justice Muhammad, not to accept the anomaly, adding that further credibility burden would be imposed on the judiciary by confirming Justice Pindiga. In his petition dated February 10, 2020 to the NJC, Sarma decried the recommendation of Justice Pindiga in place of Justice Iliya by the state JSC to the NJC for appointment as the chief Judge of the state.

Investigation by THISDAY revealed that Justice Iliya’s travails started August last year when as the most senior judge in the state, rumours started making the rounds that she would be denied the substantive chief judge position of the state, after the retirement of then chief judge.

Through a letter dated September 2, 2019, she was appointed the acting Chief Judge of Gombe State and pursuant to which she was sworn into office on September 4, 2019 in accordance with Section 271(4) of the 1999 Constitution (as amended). She served for

three month, without a renewal for another three months as provided by the Constitution from September 4, 2019 to December 4, 2019.

At its meeting of August 21, 2019 and by a letter ref. No. JSC/GMS/S/ADM/21/270 dated September 2, 2019, the state JSC shortlisted and forwarded her name as the preferred candidate and that of Justice Muazu Abdulkadir Pindiga, as reserved candidate to the NJC for recommendation to the governor.

However, while she was acting as chief judge, during her inaugural meeting on September 30, 2019 at the JSC, the Secretary of the JSC informed them that the NJC Secretary drew his attention to lack of accompanying documents to the JSC letter dated September 2, 2019, which nominated and forwarded the names, contrary to the NJC Guidelines and Procedural Rules, 2014.

The missing requirements were the comments of the Chairman of the NBA Gombe Branch, comments of former/retired heads of Court in Gombe State, report of the Department of State Service (DSS), Certificate of Medical Fitness and signed Curriculum Vitae of the candidates.

This led the state JSC to by a letter dated October 2, 2019, withdraw the nomination with a view to rectifying the anomalies before re-submitting the names. While all these were going on, her tenure in acting capacity was not renewed as the state Governor, Muhammad Inuwa Yahaya, appointed Justice Muazu A. Pindiga in acting capacity on December 4,

The question begging for answer is where did AG Umar derive the powers to intervene in the process for selecting a chief judge from? Justice Iliya is the most senior judge in the Gombe State Judiciary.

She was called to the Bar in 1981, while Justice Joseph A. Awak and Justice Muazu A. Pindiga, were called to the Bar in 1983 and 1988 respectively.

Information available to THISDAY revealed that the reason why Justice Iliya is being denied the position of Chief Judge is for being a female. Another reason is that Justice Iliya is a minority Christian. Lately, it is becoming a norm in some states for the state governors to truncate the seniority hierarchy in the appointment of chief judges

2019. and thereafter renewed on March 4, 2020.

She was shocked and surprised to discover that while she was waiting for the re-presentation of her name after satisfying all the requirements of the NJC guidelines, the state JSC headed by Justice Pindiga, on March 19, 2020 had a meeting where the state Attorney General and Commissioner of Justice, Zubairu Mohammed Umar, who served as pro-tempore Chairman, wrote a memorandum to the JSC whereby he excluded her name as a candidate to be re-submitted to the NJC. Umar based his decision for removing her name on a petition written against her by an unnamed grain merchant complaining to the state governor. He also faulted her administrative skills, which he said was not at par with that of Justice Pindiga. The AG further contended that seniority is not a constitutional requirement for appointment of substantive chief judge, but a convention.

Based on this, the state JSC removed her name and shortlisted Justice Pindiga as the preferred candidate, and Justice Joseph A. Awak, as the reserved candidate without regard to the totality of the provisions of Section 271 of the Constitution read holistically.

Analysts believe that apart from the fact that it was unconstitutional for the Attorney General or the state or JSC to sit over a petition against Justice Iliya without giving her fair hearing, they argued that the powers of supervising, assessing and discipline of a judicial officer are strictly that of the NJC and not a political appointee or the JSC. Section 271 and its subsections state unequivocally the modalities for appointment of a chief judge of a state. For instance, subsection 1 states “The appointment of a person to the office of a Chief Judge of a state shall be made by the Governor of the state on the recommendation of the National Judicial Council subject to the confirmation by the House of Assembly of the state.”

While subsection 2 states that “the appointment of a person of the office of the chief judge of a state shall be made by the governor of the state acting on the recommendation of the National Judicial Council,” subsection 3 states that “A person shall not be qualified to hold office of a judge of a High Court of a state unless he is qualified to practise as a legal practitioner in Nigeria and has been so qualified for a period of not less than 10 years.”

The icing on the cake is Subsection 4 which states that “If the office of the chief judge of a state is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding the office has resumed those functions the governor of the state shall appoint the most senior judge of the High Court to perform those functions.”

So the question begging for answer is where did AG Umar derive the powers to intervene in the process for selecting a chief judge from?

Justice Iliya is the most senior judge in the Gombe State Judiciary. She was called to the Bar in 1981, while Justice Joseph A. Awak and Justice Muazu A. Pindiga, were called to the Bar in 1983 and 1988 respectively.

Information available to THISDAY revealed that the reason why Justice Iliya is being denied the position of Chief Judge is for being a female. Another reason is that Justice Iliya is a minority Christian.

Lately, it is becoming a norm in some states for the state governors to truncate the seniority hierarchy in the appointment of chief judges.

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

13

T H I S D AY ˾ TUESDAY AUGUST 25, 2020

POLITICS

Unease Over Section 839 of CAMA 2020 Law Udora Orizu writes that the Company and Allied Matters Act 2020 which was recently assented to by President Muhammadu Buhari has received knocks from NGOs and religious groups who describe it as repressive and ungodly, while calling for an amendment

Buhari

Lawan

Ayokunle

Abdullahi

T

President Buhari, it was not a surprise, that he received commendations from various stakeholders in the business community and otherwise. The new CAMA has been described by the stakeholders as Nigeria’s most significant business legislation in three decades.

A civil society organisation, Civil Society Legislative Advocacy Centre (CISLAC) described the CAMA 2020 as a law that will aid the fight against corruption, adding that the law enforcement and anti-corruption agencies had often failed to identify the real owners profiting from strategic Nigerian-registered business entities active in the oil and gas sector, defence, construction and others but with the new law, things would change.

Its Executive Director, Auwal Ibrahim Musa, noted that the absence of the enactment of the CAMA made it impossible to act on establishing a publicly available register of beneficial owners, adding that financing the Nigerian fight against corruption and poverty is sabotaged continuously by financial secrecy, which erodes national sovereignty.

Some business friendly provisions in the new law include; ‘’Single member and shareholder companies –S.18(2) of the new CAMA now makes it possible to establish a private company with only one (1) member or shareholder.’’ ‘’Exemption from appointing Auditors – Small companies or any company having a single shareholder are no longer mandated to appoint auditors at the annual general meeting to audit the financial records of the company. S.402 of the new CAMA provides for the exemption in relation to the audit of accounts in respect of a financial year.’’ ‘’Exemption from the appointment of company secretary – The appointment of a Company Secretary is now optional for private companies. According to S. 330 (1) of the new CAMA, the appointment of a

company secretary is only mandatory for public companies.’’ ‘’Creation of Limited Liability Partnerships (LLPs) and Limited Partnerships (LPs) – The new CAMA introduces the concept of Limited Liability Partnerships (LLPs) and Limited Partnerships (LPs). This combines the organisational flexibility and tax status of a partnership with the limited liability of members of a company.’’ ‘’Reduction of Filing Fees for Registration of Charges – Under S. 223 (12) of the new Act, the total fees payable to the CAC for filing has been reduced to 0.35% of the value of the charge. This is expected to lead to up to 65% reduction in the associated cost payable under the regime.’’

While the new law is a welcomed development to the business community, it has however been rejected by various Non-governmental and religious groups who believes that the unpopular NGO regulation bill was smuggled into the new law.

The organizations are seeking an amendment to the provisions made in sections 839 (1) & (2) of the law, which empowers the Corporate Affairs Commission to suspend trustees of an association (in this case, the church).

According to the new law, ‘’Section 839 (1) empowers the Commission to suspend trustees of an association and appoint interim managers to manage the affairs of the association where it reasonably believes that- (a) There is or has been misconduct, mismanagement in the administration of the association.’’ ‘’(b) it is necessary or desirable for the purpose of; i. Protecting the property of the association. ii. Securing a proper application for the property of the association towards achieving the objects of the association, the purpose of the association of that property or of the property coming to the association, iii. Public interest; or (c) the affairs of the

association are being run fraudulently.’’

Subsection 2 provides as follows: ‘’1. The trustees shall be suspended by an order of Court upon the petition of the Commission or Members consisting of one-fifth of the association, and the petitioners shall present all reasonable evidence or such evidence as requested by the Court in respect of the petition.’’ ‘’Subsection 3 provides for the hearing of the petition and the appointment of the Interim Managers by the Court with the assistance of the Commission. The Interim managers are designated by the Court or the appointment of any person who cannot do as otherwise instructed without the approval of the Court.’’

Rejecting the section, the Christian Association of Nigeria (CAN) in a statement on August 20th described the act as unacceptable, ungodly and reprehensible.

The association called on President Buhari to return the law to the National Assembly for amendment and stop the implementation of the law until the religious institutions are exempted from it.

In the statement issued by Special Assistant to CAN President, Pastor Adebayo Oladeji, the association said it is not against the government fighting corruption but it completely rejects the idea of bringing the church, which is technically grouped among the NGOs, under control of the government.

He argued that Nigeria should not be compared with any other nation when it comes to the relationship between the religious institutions and the government.

According to CAN, ‘’In Nigeria, people’s religions are tied to their humanity and of course, their life adding that the satanic section of the controversial and ungodly law is Section 839 (1) &(2) which empowers the Commission to suspend trustees of an association (in this case, the church) and appoint the interim managers to manage the affairs of the association for some given reasons.’’ ‘’The Church cannot be controlled by the government because of its spiritual responsibilities and obligations. We recall that during the First Term of the President, there was a Public Hearing conducted by the National Assembly on the Non- Governmental Organisations Bill tagged ‘Bill for an Act To Provide For The Establishment Of The Non-Governmental Organizations Regulatory Commission For The Supervision, Co-ordination And Monitoring Of Non Governmental Organizations’ which was attended by CAN and many NGOs.’’ ‘’At the Public Hearing, the Bill that sought to bring the religious organizations and NGOs under the control and influence of the government was totally rejected because it would snuff life out of the church and rank the church as a secular institution under secular control.

We thought it was all over until we heard of the CAMA that was assented to by the President, making the rejected bill a law.’’

here has been unease and uproar over the Company and Allied Matters Act which was signed into law by President Muhammadu Buhari on August 7th 2020. The CAMA 2020 which has received commendations from the business community, as it is said to facilitate the ease of doing business in the country, is also faced with backlash from religious, nongovernmental and human rights organisations, who are kicking against some sections of the law particularly section 839.

Following concerns on the CAMA 1990 becoming outdated, Buhari in November 2019, wrote to the Senate seeking an amendment for the Act to be repealed or re-enacted. The amendments were aimed at encouraging investments that will allow small businesses and startups thrive, lower costs and ease regulatory burdens. It also provides significant benefits to companies by reducing red tape and making it easier to comply with regulatory obligations.

In the letter read by the Senate President, Ahmad Lawan, at the plenary, he said, ‘’Pursuant to Section 58 of the Constitution of the Federal Republic of Nigeria 1999 as amended, I hereby forward the Companies and Allied Matters and other related matters Bill 2019 for consideration and passage into law by the Senate. The Senate may wish to note that in this bill, Section 26(5) of the extant companies and Allied Matters Act has been amended to’’ ‘’Preserve the powers of the Attorney-General of the Federation to approve the registration of companies limited by guarantee and Reflect the ease of doing business principles in a veto order (1) of 2017 on the promotion of transparency and efficiency in the business environment. While I look forward to the usual expeditious consideration and passage of this bill, please accept the assurances of my highest consideration.’’

The Senate, in March 2020 passed the CAMA bill which was sponsored by the Senate leader, Abdullahi Yahaya.

Yahaya had said the bill seeks to provide for the incorporation of companies, limited liability partnerships, limited partnerships, registration of business names together with incorporation of trustees of certain communities, bodies or associations.

He said, ‘’The Repeal and Re-enactment of the CAMA Bill when passed to law, will have the overall effect of making the Nigerian corporate law more in tuned with today’s business realities, improve the business environment, as well as mitigate direct compliance costs for businesses in Nigeria.

It is expected to reduce the minimum share capital for companies and startups in Nigeria.

The introduction of e-registration system will ensure global access to registration of companies and Increase in foreign investment through the creation of a new legal entity.’’

He added that the necessary amendments have been made as requested by the President.

The Senate President, Ahmad Lawan, and many other senators supported its passage.

Following the passage of the Bill by the senate, and the eventual signing into law by

Subsection 3 provides for the hearing of the petition and the appointment of the Interim Managers by the Court with the assistance of the Commission. The Interim managers are designated by the Court or the appointment of any person who cannot do as otherwise instructed without the approval of the Court. Rejecting the section, the Christian Association of Nigeria (CAN) in a statement on August 20th described the act as unacceptable, ungodly and reprehensible. The association called on President Buhari to return the law to the National Assembly for amendment and stop the implementation of the law until the religious institutions are exempted from it

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

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T H I S D AY ˾ ˜ Ͱͳ˜ ͰͮͰͮ

COMMENT

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

NUMBERS IN EDO ELECTIONS

In the new concept of ‘numbers’ in Edo politics, the people will be the greatest losers, writes Bob MajiriOghene Etemiku

I

have often heard that politics in Nigeria is a game of ‘numbers’. For anyone who needs to understand what that metaphor stands for, they should know that democracy is a game buoyed by the number of people who believe in and accept the manifesto of a popular candidate. It makes ‘majority carry the vote’. In the days of the evil genius when and where the option A4 was the preferred pattern of voting, all you need to know who has won an election would be to look at the long line of those standing behind a preferred and popular candidate of choice. Till today, we are yet to fully come to terms with why this kind of pattern of voting that eloquently defined the idea of number, and its ramifications in the democratic cum voting process is not preferred.

To be the preferred candidate, politicians often set out an agenda that speaks to the hopes, yearnings and aspirations of their supporters. A classic example would be the June 12, 1993 elections. The two candidates MKO Abiola and Bashir Tofa of the SDP and NRC respectively campaigned spiritedly, and set the civil space afire with the kind of jingles and slogans that nearly became anthems in their own right. But at the end of the day, one candidate took the election, because of the sheer number of people who lined up against that candidate’s party logo and name.

But the Chris Ngige and Chris Uba affair of 2003 changed all that. By that year, Nigerians suddenly woke up to a ‘contract’ signed between Ngige and his godfather Uba. By the terms of that ‘contract’, Ngige ‘promised in writing to exercise and manifest absolute loyalty to the person of Chief Uba as his mentor, benefactor and sponsor. He also agreed to allow Uba control all important government appointments and the awarding of contracts. Part of the contract between the two Chrises gave the one power to ‘avenge himself in any way and manner adjudged by him as fitting and adequate’.

In July of that year, Chris Ngige reneged on that agreement, and what was to happen reordered the political DNA of all elections in Nigeria. The governor, Chris Ngige was kidnapped by policemen and made to sign a letter of resignation at gunpoint. Not only Ngige, but all the members of Anambra State house of Assembly allegedly took the same oath which was allegedly administered in an ‘evil’ forest in Okija. They all quickly ratified the governor’s resignation. Even though the courts repudiated the purported ‘resignation’, of Ngige, what again happened in 2004 – the attack and burning to the ground, of half of government house Awka – effectively replaced the power of number in the people, to power of an individual with bags of money.

These days, this individual, aka godfather ‘anoints’, ‘sponsors’ or single-handedly selects who governs, legislates or even who serves at the bench. Democracy in Nigeria therefore is no longer a game of number but a game of thrones, and of who has the most control of money. The idea of numbers got lost to the superior power of a godfather to ‘sponsor’ a candidate or candidates, whose allegiance shifted from the people to the

VOTES NO LONGER COUNT, THAT IS IN SPITE OF THE NUMBERS OF BILLIONS BEING SPENT BY INEC TO PROMOTE THE ONE-MAN-ONE-VOTE LIE

sponsor of a candidate. The idea of number is no longer of the people but an idea of numbers in money. Votes no longer count, that is in spite of the numbers of billions being spent by INEC to promote the one-man-one-vote lie.

Sponsorship of candidates by a godfather has nothing to do with you or I or our children. Sponsorship of any candidate is in the interest of the godfather. The godfather gathers a group of like-minded individuals together to ‘work’ for the ‘election’ of the individual of their choice. What ‘work’ means is usually the employment of all and any means necessary to subvert the popular will. What ‘work’ means is the distribution of monies to very many interest groups to buy PVCs and votes.

‘Work’ is not the physical engagement of the ‘workers’ with the people in presenting party programmes and projects. ‘Work’ is spending money and vast amounts of it to buy the instruments and systems which promote the subversion of democracy. And after the individual eventually gets elected, he uses money for hospitals, roads, schools, decent markets, rural development to settle the investments by the godfather and his cohorts.

There is a very well-known incident that took place during the administration of one of the governors in Edo. The long and short of the story is that contract for the tarring of a road ended up in the pocket of one of those who ‘worked’ for the governor. When apprehended by the governor, party instruments insisted that since the chap in question ‘worked’ to get the governor elected, those monies for the road construction effectively became monies for the ‘work’ the party man put in to get the governor elected. Today, the road is untarred, five years after.

That is the tragedy of what democracy has become in Nigeria. Nearly every politician in Nigeria today has a godfather who has sponsored him, and ‘worked’ for his/her election. And a very good example of how this aberration has become entrenched in our political lives is the Edo debacle.

Edo is Anambra in all ramifications. A certain godfather who himself rubbished Edo godfathers, handpicked his successor, and against all remonstrations from his lieutenants. Along the way, he found out that his protégé was no longer ready to abide by the rules of their engagement. The protégé allegedly refuses to ‘share’ public monies among those who ‘worked’ to get him in as governor. And therefore he is an ‘ingrate’, biting at the very fingers that ‘helped’ him to get to power.

There is nothing wrong in giving party people whatever dues they deserve for their ‘work’. Those involved should work the numbers or monies out among themselves rather than seeking to line their pockets with public funds. The perspective of ‘work’ today is not the same with ‘working’ to get fit persons into positions of public office, but in getting the unfit to do the bidding of a godfather and his sycophants, and perpetuate mediocrity.

Etemiku is deputy executive director, Civil Empowerment & Rule of Law, Benin City

THAT THE UNIVERSITIES MAY THRIVE

Ayorinde Ogunruku argues that university education is being smothered by corruption and special interests

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niversities in Nigeria, at inception, were known to have been highly competitive and impactful in the actualisation of their mandates of knowledge generation through research, knowledge impartation through teaching and learning, and knowledge application through community service. With the establishment of the University College, Ibadan in 1948 as a campus of the University of London, a sure foundation was laid for a highly competitive university system in Nigeria. Other universities that were established followed the solid foundation of the traditional British university model, largely in structure and systemic operations. As proceeds of the Law of Parliament or military decrees, there was an adherence to the age-long principles of a university system expected to be committed to excellence in delivery of mandates. They were allowed a modicum of autonomy and freedom which facilitated the carriage of their objectives and competitiveness.

Over the years, with succeeding environmental influences, the Nigerian university system began to dissipate in function, operation and impact. The environmental influences of the political landscape, ethno-religious inclinations, loss of concrete societal values and virtues, economic downturn, despite the opulence that petro-naira brought upon the nation, and issues of elite competition for relevance or dominance in national affairs took their tolls on a system that ought to be the fulcrum of national development. The system itself became affected by the confusion in the orientation that it became confronted with, courtesy of the multifarious experiences of those that ran it. The British model that was bequeathed to the nation following its colonial history was first influenced and moderated by the American university system that was largely developed to answer their own developmental challenges. This came with the land grant model of their emerging states. The German model of emphasising the post-graduate work as a foundation for national development also came to impact upon the orientation of the Nigerian university system. Thus, while British

model gave the structure that largely formed the basis for the law that established the system in Nigeria, operations were largely influenced by the American model that emphasises a semester system of academic delivery and the course unit system of grading and assessing the students. Of course, the post graduate school system also began to take root. Indeed, taking the best from other climes are excellent propositions for better mandate delivery. However, in our clime, this has been sources of confusion since such propositions were not carried through and conflicted with structure and experience of the players.

Why is there concern about the state of our university system today? This is because there is a wide belief that universities in Nigeria are largely bereft of impacting society positively. Rather than be bastions of innovation for national and societal development, they are theatres of war and enclaves of manifestation of selfish myopic interests. It became a wonder that the university system one was opportune to join in January 1973 as a student and in 1982 as a staff member, that showed great potential for a burgeoning impact on society and relevance have degraded to irrelevance. It is today known that hardly are government policies influenced by well- thought out and deeply researched inputs from the academia.

Up until about 1985, government foreign policies were baked from the intellectual outcrops from Ahmadu Bello University, Zaria and the then University of Ife (now Obafemi Awolowo University) Institutes of Administration. Medical research in Ibadan was of competitive quality as those from Oxbridge and Harvard. Agricultural development in the nation was a proceed of the research works in Ibadan, Zaria, Ife and Nsukka. The human capacity being churned out from Lagos, Ibadan, Ife, Zaria, Nsukka and later Benin were of the best quality. The impact of these citadels of learning must have no doubt contributed to the yearnings for multiplication that led to the establishment of the seven universities in Calabar, Jos, Kano, Ilorin, Maiduguri, Port Harcourt and Sokoto, in the mid1970s and ultimately the universities of Technology and Agriculture in the 1980s.

Since then, the same fervour had created the establishment of many more universities in Nigeria today. Going by the exponential growth in number to today’s 174 universities, public-federal, publicstate, faith-based private and others, it is expected that national developmental outlook should also reflect an exponential positive impact. This largely remains to be seen. Rather from our universities emerge news of brigandage arising from pecuniary parochial interests, students devaluation arising from decrepit infrastructure and value disorientation, failure in allowing the dominance of the rule of law in management, challenge of quality of service delivery and relevance of the products, wanton disorientation of the ideals of university culture, unbridled unionism that takes on the jugular of the system and an aggregation of the poor values bedevilling the large Nigerian society.

The concern here is whether or not these issues are being addressed. We have a situation in the Nigerian university system today that calls for urgent attention. Since, as it is often said, the success or failure of an institution rises and falls on leadership, it is important to interrogate the issue of leadership of the institutions. Leadership of universities in Nigeria today goes beyond the Vice Chancellor who by law is the chief executive of the university. The present crops of vice chancellors are subject largely to dictates by some ministerial and civil servant directors or individuals of lower ranks who delight in dictating and manipulating the direction public universities should go. Vice Chancellors are invited to Abuja at a go via text messages from different competing ministerial or department agencies (MDAs) – Education, Health, Federal Character Commission, Office of the Accountant -General of the Federation, Office of the Auditor-General of the Federation, etc. This is apart from the ignoble roles of the parliament under the guise of oversight functions.

While not being oblivious of the essence of accountability in the exercise of theirs, should universities be locked against initiative that allows them to function without being breathed through by the MDAS and the parliament? Why should a university take directive from the Senate/ House

of Representatives Committee on Education or Office of the Secretary to Government of the Federation or that of the Head of Service of the Federation to recruit staff? This brings to the fore the unfortunate situation in which many of the universities established recently were subjected to the manipulative directives of the Federal Ministry of Education in staff recruitment to the extent that while there were inadequate academic staff, they were inundated with a retinue of administrative officers. Some of the universities had about 200 administrative officers recruited in one fell swoop and less than a 100 academics. This is in a system that should have a ratio of about one administrative staff to five academic staff.

Quite unfortunately is the fact that the universities are themselves internally riddled by pecuniary interests of the operators. There are constant immolative conflicts for Vice Chancellorship and filling of vacant positions of Principal Officers and Deans/Heads of Department, the winner takes all syndrome that turns some vice chancellors into emperors, sending them to be far from their constituencies, unbridled interest of host communities in taking administrative control of the institutions on their lands using natives to foment troubles, challenge of accountability in management, challenge of quality and relevance of research and lack of effective and positive use of the committee system. All these dwarf the universities’ capacity to impact positively on society and be competitive with their homologue in other climes. These matters are further not helped by poor composition of the governing councils that should give policy directions for good governance.

How can one explain having people with poor understanding of the university system appointed as Chairman/Pro Chancellor or member of Council? Or what explanations are there for appointing a serving professor in a university to serve as a Pro Chancellor in another, or yet a serving Senior Lecturer or other staff to serve on the council of another perhaps bigger institutions?

Ogunruku is a former registrar, Obafemi Awolowo University, Ile-Ife

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EDITORIAL

CURIOUS RETURN OF WATERWAYS BILL The reintroduction of the bill raises reasonable concerns

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he return to the National Assembly of the executive bill seeking to take over the control and ownership of various waterways in Nigeria by the federal government is curious and already generating controversy. Critics of the bill that did not survive the Eighth National Assembly are asking questions about why it was returned by President Muhammadu Buhari. While we do not want to impute motives, we reiterate our earlier position that the federal government should steer clear of issues that have the tendencies to generate acrimony and further divide the people.

Initially tagged “A bill for an act to establish a regulatory framework for the water resources sector in Nigeria, provide for the equitable and sustainable development, management, use and conservation of Nigeria’s surface and ground water resources and for related THE FEDERAL matters,� it generGOVERNMENT SHOULD ated so much heat STEER CLEAR OF in 2018 that the ISSUES THAT HAVE THE National AssemTENDENCIES TO GENERATE bly had to drop ACRIMONY AND FURTHER it. Now retitled “National Water DIVIDE THE PEOPLE Resources Bill, 2020,� it has survived for third reading and final passage by the House of Representatives.

Like the earlier proposal, section 13 of the bill states that “in implementing the principles under subsection (2) of this section, the institutions established under this Act shall promote integrated water resources management and the coordinated management of land and water resources, surface water and ground water resources, river basins and adjacent marine and coastal environment and upstream and downstream interests.� Meanwhile, section 2(1) of the bill, stipulates: “All surface water and ground water wherever it occurs, is a resource common to all people.’’ We recall that in 2018, the bill had initially

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passed the second reading in the Senate and was consequently sent to the committee stage for further legislation. However, after the committee brought back the bill for final passage, it generated a controversy that prompted the upper legislative chamber to constitute another ad-hoc committee to further look into some of the controversial provisions.

During a clause by clause consideration of the bill, then Minority Leader and former Akwa Ibom State Governor, Godswill Akpabio who is currently the Minister of Niger Delta, had kicked against the provision seeking to empower the federal government to take control of all waterways and their banks in Nigeria. The provision vests large pieces of land adjoining the river banks across the country, which have been the exclusive preserve of state governments, to the federal government. It is the same bill that has now been reintroduced with a different title. If it sails through, it will alter the critical provisions in the Land Use Act which vests the ownership of the land in the state governments except in the Federal Capital Territory (FCT) where the federal government holds sway.

We do not understand why the federal government would want to take a substantial part of the powers of state governments on land particularly at water fronts. We therefore share the view of many stakeholders that it is a ploy to deprive people living along riverbanks of their basic livelihood as they will lose ownership of such land to the federal government. Despite the rhetorical question, “is this not the same bill that generated controversy in the media?’’, House of Representatives Speaker, Femi Gbajabiamila, has given tacit endorsement.

Coming at a period many Nigerians are calling for a restructuring of the federation so that more powers and resources are devolved to subnational units, the idea of the federal government appropriating the waters is ludicrous to say the least. Whatever may therefore be the motivation for the bill, we urge the federal government to have a serious rethink about issues that are very polarising and could easily be misconstrued.

TO OUR READERS Letters in response to speciďŹ c publications in THISDAY should be brief (150-200 words) and straight to the point. Interested readers may send such letters along with their contact details to opinion@thisdaylive.com. We also welcome comments and opinions on topical local, national and international issues provided they are well-written and should also not be longer than (9501000 words). They should be sent to opinion@thisdaylive.com along with the email address and phone numbers of the writer.

SOUTHERN KADUNA: THE SULE LAMIDO SOLUTION

hen Sule Lamido was the governor of Jigawa State, he provided a permanent, feasible and win-win solution to the herdsmen/farmers Crisis.

The crisis in southern Kaduna is as old as the state. The Kaduna State Governor, Mallam Nasir el-Rufai said that incessant killings in the southern part of the state was caused by “cycle of attacks, revenge and reprisals.� The federal government, on the other hand, said that “from available security records, the problem in Southern Kaduna is an evil combination of politically-motivated banditry, revenge killings and mutual violence by criminal gangs acting on ethnic and religious grounds.�

A report published by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) in March 2017, stated that “The escalation Southern Kaduna crisis is traceable to a series of confrontations over property rights as well as the right to express and practice deeply held religious beliefs in 1981. In that year, a land dispute between Hausa traders and residents of Adara in Kachia local government area led to violent clashes which left at least a hundred homes destroyed. In 1986, a contest over the district headship of Lere in Lere LGA, when some locals were opposed to the candidature of a Muslim contestant, resulted in renewed violence. Fighting in the aftermath of a closely fought election among rival religious factions at the Ahmadu Bello University left at least 107 persons injured in Zaria. In 1992, a market relocation sparked two riots in Zangon Kataf which claimed thousands of lives. This figure has never been verified. Further ethno-religious confronta-

tions in Kaduna North LGA which spread to Kafanchan and other towns resulted in an unspecified number of victims on the eve of Nigeria’s return to democratic rule.

Protests in the wake of the state’s decision in 2000 to impose Sharia rule resulted in violence in Kaduna, Gwantu and Fadan Kagoma. The Nigeria’s hosting of the Miss World Beauty Paegent in 2002 led to protests by Muslims across Northern Nigeria. Violence in parts of Kaduna, and perhaps most infamously, politically-motivated violence in Zaria, Kaduna, Zonkwa and Kafanchan in the wake of the 2011 presidential election led to the burning of churches, mosques, homes, the Kafanchan market, and a heavy death toll. In that year, there were at least 13 separate reports of ethno-religious clashes in the state. Since 2010, there has been a steadily increasing number of violent clashes between the various groups in Kaduna�

Just like the herdsmen/farmers conflict, the southern Kaduna crisis is both an economic and environmental problem, but some politicians and few gullible Nigerians have turned it to a political one. At this moment, the crisis requires both political and socio-economic solutions. Due to demographic changes and other factors like cattle rustling, overgrazing and expanding human and cattle population, the Southern Kaduna crisis, like the herdsmen/farmers conflict, is now purely a resource war - land and access to it molded in ethno-religious form.

The Kaduna State government and indeed other states governments should copy and remodel what former Jigawa State governor Sule Lamido did, but in a manner that suit each states’ peculiarities. In most parts of Jigawa State, the then government established demarcated grazing reserves,

cattle routes and water pumping windmills for herdsmen to freely nosh their herds. The grazing land is also watered frequently by the water pumping windmills for grasses to grow even during dry seasons. On the other hand, the farmers were provided with a large expanse of farmland to cultivate crops. One beauty of this is; the farmlands have a dual function- they have on them facilities for dry season farming. This dual solution, apart from promoting peaceful co-existence between farmers and herdsmen, enhances local community security, safety and development.

Another advantage of this is most of the herdsmen will not unnecessarily wander around in search of pasture and water because the windmills provide drinking water for their own use as well as for their large livestock. The multi-bladed wind pumps constantly pump water which continually irrigates the large area of the land on which lush grasses grow even during dry seasons. And finally, both herdsmen and farmers feel ownership of the land. It is disheartening that ‘novel- solution’ in Jigawa State was not sustained nor expanded upon by the current government.

In fact, Jigawa needs young, urbane, a distruptor and a technocrat as governor. People like former foreign affairs minister Dr. Nuruddeen Muhammad and Mustapha Sule Lamido should resuscitate such a solution to the national problem.

The Kaduna State government should adopt such a permanent, feasible and win-win solution- by taking into consideration factors like economy, land, faith, tongue and history.

Zayyad I. Muhammad, Jimeta, Adamawa State

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Quick Takes Image Merchants Clinches Awards

TELECOMS’ CONSUMER PALIAMENT

L-R: Director, Compliance Monitoring and Enforcement, Nigerian Communications Commission, Mr. Ephraim Nwokonneya; Director, Policy Competition and Economic Analysis, Josephine Amuwa; Executive Commissioner, Stakeholder Management, Mr. Adeleke Adewolu; Executive Vice Chairman/CEO, Prof Umar Danbatta; Director, Consumer Affairs Bureau, Mr. Efosa Idehen; Director,Technical Standards and Network Integrity, BakoWakil; and Director PublicAffairs,Dr.IkechukwuAdinde,duringthefirstvirtualTelecomConsumerParliamentorganisedbytheCommissioninAbuja...recently

Power Ministry Wades into NERC, NEMSA Clash Stories by Chineme Okafor in Abuja The altercation between the Nigerian Electricity Regulatory Agency (NERC) and the Nigerian Electricity Management Services Agency (NEMSA) caused by their seeming overlapping statutory mandates has drawn the attention of the Ministry of Power, THISDAY has learnt.

It was gathered that the longdrawn disagreement over the control of certain aspects of the electricity industry in Nigeria, especially the use of 33KV lines, resulted in the hot exchange of correspondences between the two government agencies.

While NERC is the overall regulatory agency for the electricity industry, NEMSA carries out the functions of enforcement of

ENERGY technical standards and regulations, technical inspection, testing and certification of all categories of electrical installations, electricity meters and instruments.

But NEMSA drew the ire of NERC after the agency restrained the 11 Distribution Companies (Discos) from directly connecting power users’ facilities to 33KV primary feeder lines.

However, NERC ordered the Discos to continue to ignore the organisation, noting that NEMSA which cited security concerns had no such powers to make the directives.

NERC noted that: “Therefore, the ‘directive’ of NEMSA banning 33/0.400KV point load connection is not backed by any regulation and hence is of no effect.”

THISDAY learnt that in a meeting to settle the brewing crisis, the Minister of Power, Mr. Sale Mamman, allegedly sided with NEMSA and asked NERC to back off, saying the regulator was encroaching on the functions of the standards enforcer.

Mamman, was said to have been riled that NERC allegedly usurped the inspection and technical standards function of NEMSA , in contravention of the law setting it up, adding that all technical tasks are to be carried out by NEMSA. Although the minister was not specific on the areas of conflict between the two government agencies, he alluded to brokering the peace meeting which was also attended by the Permanent Secretary ,

Ministry of Power, Mrs. Didi Walson-Jack, Technical Adviser, Strategic Coordination to the minister, Dr. Nurain Hassan Ibrahim and some directors.

Mamman said on his official Twitter handle that the meeting was held “with the chairman of @NERCNG and MD of @ NEMSA_Nigeria to resolve the issue of conflicting directives on Discos connecting point load customers to 33kv primary feeder lines.”

“The HMP emphasised the need for both agencies to adopt a collaborative approach. He restated that H.E, President @ MBuhari expects us to work together to achieve the same common goal of serving the Nigerian people by giving them clean, safe, reliable, and affordable electricity.

Power Deal: Siemens Pledges to End Electricity Theft with New Technology The new power supply deal between Nigeria and Siemens AG, will see the German company deploy modern technology that will end the incessant problem of meter bypass leading to loss of billions of naira by Distribution Companies (Discos).

Speaking during a web conference, Managing Director of Siemens, Nigeria, Onyeche Tifase, said that the issues of collection and power theft remain a major challenge in the industry, stressing that with the new technology, any infringement on the meters would be monitored real time.

Siemens lamented that the Aggregate Technical, Commercial, and Collections Loss (ATC&C), which is the difference between the amount of electricity received

by Disco from the transmission company and the amount of electricity for which it invoices

ENERGY its customers, is currently as high as 50 per cent.

The federal government recently began the implementation of the deal with the German firm which is expected to overhaul the beleaguered sector in three phases between now and 2025.

The first phase of the deal would see the upgrading of 105 power substations and the construction of 70 new ones, manufacture and installation of 35 power transformers, installation of 3,765 distribution transformers and building of 5,109 km distribution lines with a potential generation capacity of over 13,000mw.

In phase one, 7gw is expected to be achieved between now and 2021, with the upgrading of transmission and distribution

of the Transmission Company of Nigeria (TCN) and Discos expected to contribute an additional 2gw,while for phase two, 11gw will be achieved between 2021-2023, with full use of existing generation and last mile distribution capacity.

The third part will see the attainment of 25gw between 2023-2025 with appropriate upgrades and expansion in generation, transmission and distribution.

Tifase maintained that the company had identified everything that needs to be done to transform the sector, noting that in the past, decisions on the sector were over-ambitious with no clear plan on how to achieve them.

She noted that with the new deal, which saw the federal government pay an initial counterpart funding of about

N8.6 billion a few weeks ago, every action and every phase of the execution has been carefully mapped out to avoid the failure of the project.

She explained that with minimal human interference and greater automation, the practice of cutting off the meter and stealing of electricity will be eradicated.

“This requires the participation of all stakeholders. We will bring the technology which allows us manage meters, vending and other data that will allow collection and reconciliation of payment.

“You cannot tamper with that meter because there’s real-time intervention, so, we can switch off when it is being tampered with. We have identified what we need to do about those smart meters” she said.

The Image Merchants Promotion Limited (IMPR), the publishers of PRNigeria and Economic Confidential has bagged three GoldenWorld Awards of the International Public Relations Association (IPRA) 2020 for its PR campaigns in Nigeria.

InamessagetoIMPR,theMemberServicesManagerofIPRA,Janice Hill, said the winning entries included the Nigerian Air Force (NAF) campaign on ‘Women ofWar,’which bagged Crisis Management Award Category; the Nigeria Customs Service (NCS) Campaign on partial border closure to curtail smuggling of foreign rice which bagged Public AffairsAwardCategoryandtheNigerianCommunicationCommission (NCC) launching of Emergency Communication Centre which bagged New Service award Category.

The IMPR had similarly won 2020 African Public Relations Awards which recognised Superior Achievement in Branding Reputation and Engagement (SABRE) for the same campaigns it executed for the organisations.

With latest award, IMPR has joined the rank of global PR brands in winning multiple PR awards this year. Other multiple-award-winning agencies included Dentsu Public Relations Inc of Japan, LLYC Communication of Spain, Hill+Knowlton Strategies of the USA, HvdM of Netherlands and V+O GREECE of Greece.

OtherawardrecipientsincludeBCWofSouth-Africa,DeVriesGlobal of United Kingdom, navos – Public Dialogue of Germany, Orange 360 of Peru and KPR of South-Korea and Kiwi of China among others.

‘Rise Like a Hero’ Campaign Launched

Consumers of premium lager beer, Hero can begin to bank on their luck as the product of International Breweries Plc is set to reward them through a campaign tagged “Rise Like a Hero”.

The promo which promises to see winners of airtime and cash prizes ranging from N10,000 to N1,000,000 emerge will run nationwide.

Speaking on the campaign, the Marketing Director, International Breweries, Tolulope Adedeji, revealed that Hero has set its sights on putting a smile on the face of its numerous consumers across Nigeria who have stuck with the brand over the years. She stated that the “Rise like a Hero” promo was Hero’s way of acknowledging the ambitious inimitable drive of Nigerians. “We are launching this promo to reward our consumers, most of whom are young, upwardly mobile, and enterprising men and women. We know these times are challenging for a lot of people who are affected by the economic crunch caused by the Covid-19 pandemic, yet continue to pursue their goals with fervour, and that’s why we decided to do something to inspire and reward the tenacity of the average Nigerian,” she said.

Sheddingmorelightonthemechanicsofthepromowhichkickedoff thismonth,Adedejiexplainedthatconsumerswouldgetachancetowin instant airtime when they look under the crown of their favourite beer.

The promo is targeted at recognising and celebrating the tenacity and resilience of the average Nigerian. It is open to individuals who are 18 years old and over.

Explaining further, the Marketing Director reiterated International Breweries’commitmenttocomplementingtheeffortofthegovernment in actualising a society of healthy and happy people who are inspired to do more wherever they find themselves.

Ivory Coast, Ghana Partner on Cocoa

The world’s two largest cocoa producers, Ivory Coast and Ghana, have created a joint body to improve coordination in research, price setting and the fight against child labour, the Ivorian government revealed recently. According to Reuters, the two countries, which produce around 60 per cent of the world’s cocoa, have coordinated on some of those issues before, but the new organisation marks a formal step towards closer ties.

The Ivory Coast-Ghana Cocoa Initiative (ICCIG) will promote their cocoa industries internationally and defend their collective position in the global market, the Ivorian government said in a statement.

Theorganisationwillallowthetwocountriestoformaliseanagreement started three years ago whereby they both announce farmgate prices at the start of the growing season on October 1, a measure aimed at reducing smuggling across their shared border.

“If we do not support Africa; if we do not sow the seed of greatness for Africa, there is no way any person will come from outside and do it” GMD/CEO, Zenith Bank, Mr. Ebenezer Onyeagwu

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ANALYSIS

IDSL: Fighting Headwinds through Accurate Data Emmanuel Addeh writes on how the Integrated Data Services Limited, a subsidiary of the Nigerian National Petroleum Corporation plan to key into the directive of its parent company to delegates on the way forward, expressed the need to minimise its unit operating cost to $10 in the coming months. look at how we can operate, the desire to minimise

I

f anything, the deployment of geophysical technology in the oil and gas industry has been a major game changer in exploration, production and enabling greater access to affordable energy supply.

Indeed, seismic survey technology has been one of the greatest driving forces behind energy exploration and development revolution in the last few decades, aiding in drilling in the oil sector, from where Nigeria earns most of its revenue.

Essentially, the use of seismic data leads to more efficient oil and gas extraction, requiring fewer wells while increasing the production of hydrocarbons and deploying the data collected to produce maps or models that help in exploration and production.

Experts in the field find and develop oil and natural gas deposits onshore and offshore, locate mineral and precious metal mines among others to provide critical information and useful data for the benefit to industry operators.

Given the critical role played by data in the sector, the Nigerian National Petroleum Corporation (NNPC), established the Integrated Data Services Limited (IDSL) in 1988 to provide hydrocarbon exploration services in the local and international oil and gas industry.

A child of the merger of the National Hydrocarbon Reserves Evaluation Centre (NHREC) and the Seismic Data Processing Department (DPD), IDSL says it prides itself as providing seismic data, processing, interpretation and reservoir management services to a wide range of clients from wholly owned to multinationals.

The vision of the company, it says is to be the centre of technological excellence in the provision of geophysical, geological, reservoir engineering and data storage and management services in the global oil and gas industry, leveraging on the best talents in Nigeria and internationally.

It currently operates a 100 per cent wholly owned seismic acquisition crew and in joint venture with multinational oil and gas servicing companies in Nigeria.

With operations in the Chad Basin, Niger Delta areas, including Edo, Delta and Ondo States, IDSL’s Data Processing Centre (DPC), located in Port Harcourt, is touted to currently have the largest processing capacity in Nigeria.

Given its strategic role in the industry, IDSL has again been given the marching orders by its parent company, the NNPC, to make the difference, given the current downturn in the oil market and moves to reduce unit operating cost of production by the corporation to about $10.

The confidence in the IDSL by its parent company may not be misplaced, given that in the last audited financial report by the NNPC, IDSL was one of the most impactful subsidiaries, with revenue increasing significantly.

With a growing list of major customers, the company which offers upstream sector geophysical and petroleum engineering services in the oil and gas industry, has already seized the gauntlet, leading the discussions on ways to meet the directives of its parent organisation, which recently maintained that the status quo was no longer sustainable.

To this end, the IDSL says that deploying accurate industry data in tackling the current inefficiencies in the corporation, will help reduce the current high Unit Operating Cost (UOC) of production.

A recent webinar tagged “Leveraging Data Democratisation to Improve Asset Management Efficiency” offered the IDSL leadership the opportunity to outline the strategies in place to meet

Bariwei

Kyari

the new directive.

At the web conference, organised to brainstorm on the directive by the Group Managing Director, NNPC, Mr. Mele Kyari, to reduce the high cost of crude oil production in the country, the Managing Director IDSL, Mr. Ayebateke Bariwei, stressed that the problem could be tackled by the massive use of accurate information.

He explained that the IDSL data management process involves data acquisition, data processing, storage and management, stating that its application could be in the upstream, midstream or downstream sectors of the industry.

He stressed that the impact of the Covid-19 pandemic, fluctuating oil price and high operating cost had led to potential losers and winners, noting that depending on decisions taken to ameliorate the impacts , the oil and gas industry could either lose or win.

The IDSL boss noted that the company had keyed into the GMD’s directive in June instructing the emplacement of industry-wide cost containment measures, including aggressive capital allocation to prioritise low cost oil production, putting measures in place to ensure cost discipline, plus renegotiating down contracts.

Others measures, he said were resetting cost structures, re-evaluating capital expenditure and allocation as well as achieving $10 production cost without jeopardising growth.

On revenue optimisation, he noted that the GMD also directed aggressive execution of initiatives aimed at conserving cash and diversification of portfolio to non-oil businesses to cushion the effect of future crash in crude oil price.

Bariwei explained that Kyari also instructed that thenceforth things must be done differently, which would include addressing perennial issues associated with operational inefficiency, adoption of technology to enhance productivity and reduction of waste.

To achieve operational excellence in the oil industry, the corporation, he said had also embraced “TAPE” , which is an acronym for Transparency, Accountability and Performance Excellence.

He noted that operational excellence involved understanding what customers want and driving internal efficiencies to meet those expectations.

The IDSL MD said the quality of data remains very important, positing that achieving operational efficiency would involve restructuring data acquisition and management strategies, democratising right data to stakeholders for informed business decisions, leveraging on digital technologies and analytics to derive actionable insights from asset data.

“On behalf of my dynamic GMD of NNPC, Mallam Mele Kolo Kyari, who is driving this

move to make sure that unit operating cost is greatly reduced to maximum of about 10 Dollars per barrel. It is my great pleasure to welcome you to the maiden edition of this Webinar Series on Data Democratisation.

“The seasons we are in are critical not just within our location but all over the world. It is affecting everybody and so we have to do things differently in order to be afloat in every aspects of our lives; health wise, business wise and any other area.

“It is against this backdrop that we have gathered this day to see what others are doing, what we intend to do to make sure that we survive this season” he said in his opening speech.

He continued: “When we came on board the management of this great company we chose to “Run to Exceed” with TAPE: a mantra agenda of the GMD of NNPC, which stands for Transparency, Accountability and Performance Excellence.

“We can assure you that whatever job you give to us with our partners, we will do it transparently and accountably, we will make sure we exceed whatever key performance indicator that you give to us” the IDSL boss said.

He posited that the IDSL has the capability to carry out seismic data acquisition, data processing, data interpretation as well as application of the interpretation in the reservoir engineering, field development plan, abandonment and whatever you want us to do in the oil industry, subsurface etc.

Bariwei explained that in every aspect, data storage and management is the central core that connects all others saying that if this aspect of the business is not taken care of, the industry may not have something to hand over to generations ahead to effectively function, appraise and keep it going.

“The problem of the present pandemic, COVID-19, is not something to doubt; it’s real. We have studied the industry and the world economy at large to understand that there are potential losers and winners.

“The likes of tourism and leisure, aviation and maritime, automotive, construction and real estates, manufacturing, finance services and education fall under the potential losers’ category.

“With tourism and leisure and aviation topping this category while on the other side we have agriculture, e-economy, information and computer technology, personal and healthcare, food processing and retail and medical supply and services.

“At the top of this half is the medical supply and services and food processing and retail.

Interestingly, the oil and gas industry seem to fall in-between” he said.

Bariwei recalled: “During the NAPE Conference of June 10th, the GMD, NNPC, while addressing

cost, putting cost containment measures.

“Also aggressive capital allocation to prioritise low cost oil production, putting measures in place to ensure that cost discipline includes to renegotiate down contracts and other business obligations. “ At the end of the day, we want to make sure that unit operating cost is brought to as low as 10 dollars per barrel without jeopardising the growth of the industry” he reiterated.

In terms of revenue, the MD stressed that the target was to optimise through aggressive execution of initiatives aimed at conserving cash, diversifying of portfolio to non-oil business to cushion the effect of future crash in the crude oil price.

“Operational Excellence, according to PwC, is the foundation for organisational transformation that unlocks full business value by understanding what customers want and driving internal e ciencies to meet those expectations.

“There are five core areas to achieve operational excellence and they are: People, Organizational Structure, Technology, Process and of course Data, which is central to them all.

“We need to have the people as a team work to ensure that the data we have is effectively utilised, we need processes to manage the data.

“We also need to apply technology and organisational drive – the system has to be driven by a structured organisation and in IDSL we have that under the leadership of the present GMD, NNPC” the company helmsman noted.

While appreciating all participants, he noted that despite the current situation, he believed that to bring unit-operating cost to a maximum of 10 dollars per barrel was doable.

In her intervention, the General Manager, Joint Ventures, National Petroleum Investment Management Services (NAPIMS), Martina Atuchi, explained that the purpose of data was to aid decision making.

She added that accurate and timely data was critical to the survival of the oil and gas industry, stressing that though a lot of data was already available, access and right deployment remain challenges.

“We have long years of data, but what are we doing with it. Although the DPR data is skewed, we commend them. I appeal to the DPR to expand it to production data and fully digitalised.

“We should be able to access data from any location, especially we that are in the national oil company. We need to democratise it. But in NAPIMS, we have seen figures that don’t align with proposal. We have to standardise our data and information reporting system.

“We need to make investment and management decisions with these data. To be afloat we need to reduce cost. The only way to reduce cost is to synergise. We are negotiating costs down. We are getting to 10 dollar per barrel.

“We are using technology to help predict what will happen. We can control many things with technology. The militants are also relaxing. Before the end of the year, we will get to the $10” she said.

Other participants during the event were General Manager, Operations, Oriental Energy Resources, Mr Augustine Ekeigwe and Asset Optimisation, Digital and Technology Manager, SNEPCo, Abdulrahman Mijinyawa.

Also represented were the Head Upstream Monitoring and Regulation, Department of Petroleum Resources (DPR), Mr Enorense Amadasu as well as Mr Tunde Ehizojie, General Manager, Exploration and Development, Nigerian Petroleum Development Company (NPDC).

NEPZA Commends LADOL on Agric, Health Initiatives Peter Uzoho The Nigeria Exporting Processing Zones Authority (NEPZA) has commended LADOL Free Zone for attracting agro-processing and healthcare companies into the zone as well as initiating partnerships with international companies such as Mammoet.

The Managing Director of NEPZA, Prof. Adesoji Adesugba, gave the commendation during

his official tour of LADOL recently, and expressed particular support for the zone.

Adesugba, who was accompanied on the tour by top management of NEPZA, stated that LADOL’s development of infrastructure and facilities for logistics, now being expanded to support a wide range of industries, was both strategic for the company and for Nigeria.

He said more than $1billion

was spent by Nigerians going abroad for medical tourism every year, stating that, “it is an opportunity for us now that nobody will be traveling again for medicals. By using the Free Zone strategy, it will now attract very good investment to this sector and get the hospital to come very close to us in Nigeria.

“This is one area we will be very happy to work with you LADOL, in promoting. Also,

for the very important aspect of Agriculture Free Zone, I am happy that you are thinking in that direction.”

Adesugba further explained that he had assumed the leadership position of the agency at a time when COVID-19 pandemic was ravaging the world, necessitating a holistic strategy towards medical tourism using free zone approach in Nigeria.

On the area of agriculture, Adesugba specifically commended LADOL’s initiative of setting up more cold store facilities, which he noted could also service the fishing industry in Nigeria.

He identified the initiative as a key opportunity for private sector owing to the significant amount of fish Nigerians consume annually.

Adesugba reiterated the importance of maintaining a harmonious, seamless working

relationship between NEPZA and its sister agencies in Free Zones.

He stressed that such harmony would ensure that Free Zones can contribute significantly to Nigeria’s economic growth, and meet government objectives of encouraging industrialisation.

Responding, the Managing Director of LADOL, Dr. Amy Jadesimi, noted that Adesugba was more than qualified to take NEPZA to the next level.

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As FG Sustains Push for Economic Diversification The Ministry of Mines and Steel Development under the leadership of Mr. Olamilekan Adegbite, is methodically creating an enabling environment for massive investment in the gold sub-sector as part of efforts to support the government’s drive to diversify its revenue base and create job opportunities, writes Peter Uzoho

A

bout a year ago, President Muhammadu Buhari appointed Mr.Olamilekan Adegbite as the Minister of Mines and Steel Development. Upon assumption of ofďŹ ce and realising the importance of his call to serve in the ministry, one of the visions the minister had was to develop a gold ecosystem in the country that would make it a hub of the precious metal in the West African subregion.

This, Adegbite went about in a methodical manner and worked out a number of frameworks that would catalyse the development of the upstream, midstream and downstream sub-sectors of the gold sector for full beneficiation.

Strides in Upstream One of the major steps taken by the minister to develop the upstream segment of the Nigerian gold sector which primarily deals with exploration and production of the resource was his interventionist support to a Canadian company, Thor Exploration.

The company had been granted licence to mine gold in Nigeria through the Segilola Gold project.

Just before the lockdown and restrictions resulting from the ravaging Coronavirus pandemic, the minister was at the stone-laying ceremony of the Segilola Gold project, in Osun State, a project of Thor Exploration. The project comprises a proposed open pit gold mining project based on an indicated mineral resource defined by a comprehensive drilling programme.

The project will process 650,000 tons of ore, with a target production of approximately 80,000 ounces per year from 2021. His active support to ensure the success of the project was based on his conviction that it would help diversify the nation’s economy and create thousands of direct and indirect jobs.

In his remarks at the stone-laying ceremony, the minister noted that the government was willing to give waivers on equipment and taxes to major investors willing to invest in the sector.

Downstream and Midstream Not resting on his oars, Adegbite has also been working tirelessly to ensure that the two companies that were granted licences to refine gold in Nigeria to London bullion standard –Dukia Gold and Kian Smith, come on stream. According to the plan, these two companies would procure gold from the Segilola Gold project by Thor Exploration, and would also procure from artisanal and small scale miners and then refine them to meet international standards. After refining, some of these golds would be traded on the bullion trading platform where the Central Bank of Nigeria (CBN) and investors both local and international would be the off-takers.

Also on the downstream sub-sector, the ministry under the leadership of Adegbite has created several buying centers where gold can be traded. Just recently, the federal government was at the launch of the Dukia, Heritage Bank buying centers, a private sector initiative. At the launch of the Dukia, Heritage Bank buying centers, the minister noted that it would help solidify the gold ecosystem.

According to him, “This is one of the measures put in place by the government to foster growth and bring about the optimisation of Nigeria’s mineral value chain. This initiative will bring about efficiency and transparency to physical trading and transactions of mineral commodities, resulting in accurate mineral data aggregation and reporting.�

He added that “buying centers with minimum guaranteed price thresholds also ensures that artisanal

Adegbite miners receive the right pricing for their goods relative to illegal off-takers, thus breaking the status quo of illegal mining and increasing the royalty revenue accrual to the federal government. At present, there are over 400 licensed mineral buying centers nationwide involved in the purchase of precious and metallic minerals such as gold, lead zinc, tin, columbite etc�

Training/Capacity Building Realising the need to boost capacity and skills in the gold sector, the ministry is about to embark on an extensive training, bringing in renowned gemstone makers who would teach Nigerians how to make gemstones and jewelries to international standard. This would spur a huge cottage industry in gemstone production, creating jobs and saving the foreign exchange the country spends on importing jewelries.

The initiative is poised to make Nigeria an exporter of jewelries and gemstones, and lead to foreign exchange earnings for the country.

About a month ago, precisely on July, 16, 2020, the first batch of artisanally-mined gold bars to be purchased by the CBN was unveiled at a reception ceremony organised for the president.

This milestone is the culmination of 24 months of intense efforts by the ministry through the Solid Minerals Development Fund, Kebbi and Osun State Governments, Ministry of Mines and Steel Development, and the Ministry of Finance, Budget, and National Planning, under a Steering Committee led by the Chief of Staff to the President, Prof.

Ibrahim Gambari. For the first time in history, in June 2020, Nigeria produced artisanally-mined gold that has been processed and refined according to the London Bullion Market Association (LBMA) standards required for the use of gold as a reserve instrument by the CBN. This means that the CBN will be purchasing gold that has been mined, processed and refined under the Presidential Artisanal Gold Mining Development Initiative (PAGMI), for use as part of Nigeria’s external reserves.

Commenting on the achievement, Adegbite said: “This milestone is a demonstration of President Muhammadu Buhari’s commitment to diversify Nigeria’s economy and foreign reserves. The

Presidential Artisanal Gold Mining Development Initiative (PAGMI) is a comprehensive artisanal and small-scale gold mining development programme, launched in 2019 to foster the formalization and integration of artisanal gold mining activities into Nigeria’s legal, economic, and institutional framework PAGMI has been designed to integrate social, environmental, health and safety, economic, commercial, and technical considerations into its implementation. It is equally designed as a broader strategy to address the structural and institutional factors such as rural poverty, lack of alternative livelihoods, and difficulties in meeting legal and regulatory requirements that tend to push artisanal gold mining operators deeper into the informal economy.

According to the Executive Secretary of Solid Minerals Development Fund (SMDF), Hajia Fatima Shinkafi, “PAGMI is a special intervention programme approved by President Muhammadu Buhari to formalize artisanal mining and the initiative is designed as a quick win to diversify the Nigerian economy and to improve the social economic development of gold producing areas and the country at large�.

She further explained that PAGMI is about poverty alleviation which would improve the lives of about one million household, adding that it is a direct win for some of the poorest communities. “It is a national programme and not exclusive to the north. Osun is a pilot state for the programme and is not part of the north. The gold from PAGMI is going to the national reserves,� she noted.

Shinkafi stated that the programme was aimed at regulating artisanal gold mining and would help to diversify the economy at a time lower crude prices are putting enormous fiscal pressure on the government. “PAGMI estimates that the Federal Government of Nigeria could realize an annual average of $150 million in taxes, $25 million in royalties, and $500 million accretion to foreign reserves from the integration of artisanal gold mining activities implemented by PAGMI,� the executive secretary pointed out.

Expressing his satisfaction with the Nigerian mining environment and the minister’s leadership

strides in the gold sector, the Chief Executive Officer and President of Thor Exploration Limited, Mr. Segun Lawson, said: “I think the Mining Act in Nigeria is already very enabling for investors.

A gold ecosystem will provide a wider range of opportunities for investors. It would also provide a more integrated supply chain�.

He said the Segilola Gold Project is currently in construction and it is projected to start producing in the first half of next year, adding that it would provide over 400 direct jobs, 1,000 indirect jobs and revenue to the country.

According to him, “Most importantly, I think it would demonstrate to the international mining community that a large scale metals mining project can be successfully developed and implemented in Nigeria. This will be very important in opening up the mining sector in Nigeria “The honourable minister had been extremely driven and dedicated. We have, as a company, found the minister very supportive in helping us successfully navigate through development process.

We believe in his vision, which has been key in creating a gold sector in the country�.

Also commenting on the minister’s purposeful leadership in the sector, the Director-General, Mining Cadastre Office, Mr. Obadiah Nkom, said “the minister wants to make Nigeria a gold producing hub in West Africa hence he has made it easier for stakeholders in the sector to apply for mining licenses. “We have streamlined our operation at the mining cadastre office making it easier for investors to apply for mining licenses online. There are also waivers for those who want to bring in equipment into the mining sector. Indeed the sector has become more business friendly under the tenure of the minister.�

Also, the Managing Director of Dukia Gold & Precious Metals Refining Company Limited, Bose Owolabi, said nothing could be better for the country than the Nigerian Solid Mineral Road Map put together by the Buhari administration and being faithfully and transparently executed by the ministry under Adegbite.

This, Owolabi described as a major booster for investors in solid minerals industry in Nigeria especially for the precious metals sector.

Owolabi added: “The enabling environment created by a consistent policy has empowered the people of Nigeria and of course the business of Dukia Gold & Precious Metals Refining Co., which has seen seven years of an enterprise curve up to launch and implementation in recent weeks. “As we all know, gold is a very visible and high value precious metal. Nigeria has huge deposits and these are untapped largely. Before now, gold mined in Nigeria was being illegally exported with no value and transparent benefit to the country. “The right enabling environment, policies and regulatory framework are being put in place by government to ensure compliance and encourage participation of the private sector in the gold value chain, from mines to mint and from mint to market. Dukia Gold is playing a role in the physical actualisation of government policies and objectives. “Dukia Gold is a good example in ensuring the emergence of a full Ecosystem will guarantee that beneficiation and full refining of Gold and other precious metals is done in Nigeria and that better value is retained in country by mining stakeholders in Nigeria and across West and Central Africa mining communities�.

Abuja Disco Probes Electrocution of Two Persons in Nassarawa Emmanuel Addeh in Abuja The Abuja Electricity Distribution Company (AEDC) has set up an investigative panel on the electrocution of two male adults, Zaidu Haruna and Mohammed Osama in Keffi, Nasarawa State.

Describing the incident as a sad and painful reminder of the manner some persons treat electrical facilities despite

the obvious dangers associated with such acts, the Disco stressed that the deaths were avoidable.

General Manager, Corporate Communications of the AEDC, Mr Oyebode Fadipe, in a statement in Abuja, said the breaches manifest in the form of encroaching on the right of way (RoW) of electricity facilities by some persons without considering the implications.

He said the AEDC has, in line with its tradition and in compliance with regulatory requirement, set up a multi-functional team headed by Mr. Sule Ainoko who is the General Manager (Protection, Control and Metering) to establish the root cause of the incident.

The team is also expected to identify the short-comings in the AEDC supply system that may have led to the accident,

conduct a technical assessment of the equipment and the supply network and advice whether the equipment and the network operated normally during the incident.

The team, which is expected to submit its report within two weeks is to also identify remedial measures to prevent a recurrence, the company said. The Disco said that building or trading under

High Tension (HT) lines or living close to electricity facilities was a total breach of safety regulations within its franchise area.

While commiserating with the families of the deceased, the government and people of Nasarawa State, AEDC said the death of the victims was totally avoidable if only the owner of the shop had restrained himself from building his shop close to

the high-tension line in the area. “On a number of occasions, we have been to the scene of the incident to sensitise the people in the area, warning them seriously about the dangers of trading under high tension lines. “Educational posters were pasted in the area drawing attention to the dangers of erecting structures and trading under the high-tension lines.

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NEPC: Working to Keep Economy Afloat in Post Covid-19 Era Buchi Ubani So far, the global impact of COVID-19 has placed adverse consequences on socio-economic and political well-being of the people. The effects can be gleaned from the burden of the protocols imposed to curb the spread of the deadly disease such as near total lockdown of the economy among other restrictive measures.

As it stands today, the death tolls across the world continues to rise, with cases of infected people lying critically ill from the pandemic with hunger and the threat of a global economic recession looming large.

Nigeria is not left out. It is this glaring reality that has prompted Institutions like Nigerian Export Promotion Council (NEPC) to embark on various non-oil export programmes to support the Federal government’s Economic Sustainability Plan to keep the Nigerian economy afloat.

The statement by Dr. Robert Schuler that “Tough Times Never Last, but Tough People Do�, appears to have given NEPC the impetus to renew its efforts at keeping the non-oil economy afloat despite the negative impact of the Coronavirus pandemic on the sector.

As the sole agency of the Federal Government responsible for the diversification of the economy from oil to non-oil, the Council’s effort to navigate the non-oil sector from the negative impact of the virus on the nation’s economy is, indeed, a step in the right direction.

Since the NEPC was established, 44 years ago, the Council through some intervention projects and programmes have rekindled the interest of Nigerians particularly the exporting community in maximizing the opportunities in the sector and, thereby, contributing significantly, to the country’s Gross Domestic Product (GDP). “The Zero Oil Plan (ZOP) is part of a strategic initiative to boost supply of foreign exchange from non-oil sectors by driving growth in five key areas�, said Mr. Olusegun Awolowo, Executive Director/ CEO, of NEPC. These key areas, Awolowo noted are, concentration on generating $30 billion from 11 strategic products, review of Trade Agreement to prioritize Nigerian exports to 22 newly targeted export destinations, strengthening of Export Development Fund (EDF) scheme to enhance competitiveness of locally produced goods.

Others, he said are, domestic sourcing of products through the National Export Aggregator and exploring the comparative and competitive advantages of states through the One State One Product initiative (OSOP).

With dwindling oil revenues, no thanks to the disruption in the global economy due largely to global economic recession, and now COVID-19, the need to diversify the economy through generation of non-oil revenue, has more than ever before, increased the expectations of Nigerians from the Federal and States government to provide the much needed leadership that would guarantee economic prosperity for all.

This, in a nutshell, is the task before the Council, which seeks to spearhead the diversification of the economy by expanding and increasing non-oil export for sustainable and inclusive growth. These effort can be gleaned from the following: The 22 ZOP Strategic Products These are the products that could generate up to US$30 billion in foreign exchange a year: cotton, rice, leather, gold, soya, sugar, cocoa and petrochemicals. Others are fertilizer, palm oil, rubber, cement, tomato, banana and oranges. Also included are cashew, cassava, sesame, spices, ginger, shea butter and cowpea.

Acceleration of Export Expansion Grant Claims Following a review of the scheme, the Federal government designed a new post-shipment incentive payment system, the Export Credit Certificate (ECC), replacing the old Negotiable Duty Credit Certificate (NDCC) under the Export Expansion Grant (EEG) Scheme. Presently, the Council is making concerted effort to accelerate claims from exporters who secured export orders before the pandemic, and are making efforts to fulfill contractual obligations to their clients.

Impact of COVID-19 on Non-oil Export In strategising to deploy non-oil export strategies, it is important to point out that the Coronavirus pandemic has further brought huge challenges to operators in the sector just as they continue to grapple with infrastructural problems like power outages, port congestion among other factors that increase the cost of doing business.

Of the most affected, agricultural products, especially cocoa is expected to lose over $100 million in exports while cashew exports are at a risk owing to the Vietnam Cashew Association’s guidance to enterprises within the country to carefully consider before importing raw cashew.

Thus, it is likely there will be a fall in exports of close to $90 million for Nigerian cashew exporters.

Awolowo One-State One-Product (OSOP) Initiative The OSOP takes cognizance of the country’s comparative advantage in terms of the vastness of its natural endowments as well as effort to diversify the nation’s revenue base using the Nigerian Industrial Revolution Plan (NIRP).

OSOP is expected to shore-up the revenue of the 36 federating states, provide jobs as well as create wealth along the value chain by developing and promoting one product for export per state.

The National Committee on Export Promotion (NCEP) With the inauguration of the Committee in September 2017 by His Excellency, Vice President Yemi Osinbajo, GCON, the Committee which is chaired by the Jigawa State Governor, His Excellency Muhammad Badaru Abubakar, drives the implementation of the ZOP through the following strategic programmes; Establishment of an Export Trading Company of Nigeria through a Public-Private Partnership initiative, a domestic export warehouses/aggregation centres for exportable products and provision of an Anchor Borrower Programme for Exporters to support major off-takers from MSMEs for export.

Development of Priority Export Products The Council is now focused on the promotion of Non Traditional Products (NTP) as a strategy to provide opportunities for would-be exporters to invest in the sector. There is no doubt that the attraction for Small and Medium Entrepreneurs (SMEs) in NTP remains quite strong due to their uniqueness and propensity to yield very high returns. Some of the areas under the NTP the Council intend to prioritize are: r 1SPNPUJPO PG MPDBM DVJTJOF r )PSUJDVMUVSF r 4VHBS DBOF BOE GPPE JUFNT r 4FSWJDFT m XIJDI JODMVEFT *OGPSNBtion and communication technology (Business Process Outsourcing and Software), Financial Services (Banking and Finance) Educational Services (Knowledge-based activities) and Entertainment (Movies and Music Zero to Export Capacity Building Programme The aim of the Programme is to develop the

The Way Forward In spite of these challenges, it is cheering to note that the Council through strategic collaborations with critical stakeholders has consistently preferred solutions to mitigate the challenges of exporting.

Only recently, the NEPC partnered Free on Board Global Logistics Limited (FOBGL) for Cargo export to the United Kingdom (UK), European Union (EU) countries and the United States in a proactive measure to save the economy from the COVID-19 Promotion of Export Products This initiative is a collaborative effort to bring pandemic and the crash in oil price.

This initiative in collaboration with Nigeria Asabout economic empowerment of Nigerians with the aim of enabling SMEs export to the sociation of Chambers of Commerce, Industry, Mines &6 NBSLFU m B GVODUJPO XIJDI JT JO MJOF XJUI and Agriculture (NACCIMA) and Export Action the present Government’s policy on poverty Group is already serving as a relief to exporters to convey their products to these destinations. reduction and job creation.

Besides, a special discounted airfreight services 5ISFF TFDUPST XFSF TFMFDUFE GPS QSPNPUJPO m Sesame Seed, Cocoa and Cashew nut as pilot from Lagos International Airport to London products. The programme trained 60 NEPC staff Heathrow Airport and transshipment road haulage comprising 30 Coaches/30 Officials and 24 MSME services to 27 EU countries was recently introduced companies drawn from the Sesame Seed, Cocoa and by the Council and FOGBL. The NEPC’s “Impact Assessment and Policy Cashew sub-sectors. The emphasis is on training farmers, processors and exporters as a whole in Responses to the Coronavirus Pandemic on the entire products value-chain with a view to Agricultural Products� encapsulates all that is improving productivity, including establishing required to ensure the sector is better prepared a sustainable local processing capacity, for the to deal with major economic downturns.

Two factors that will help realise this objectives purposes of exports are diversification of products and value addition to the country’s major exportable products as it helps NEPC, NEXIM $1bn MoU In 2018, at the Intra-African Trade Fair in Cairo, absorb excess supply resulting from low demand Egypt, the NEPC and Nigerian Export Import Bank from traditional markets as well as ensures greater (NEXIM) signed a Memorandum of Understand- foreign exchange generation and employment for ing (MOU) under the Nigeria-Africa Trade and the country.

Conclusion Investment Promotion Programme (NATIPP), Economists have rightly lowered their estimates to support trade and investment flows between the country and other African countries. Under for global growth due to the outbreak. Nigerian the agreement, AFREXIM Bank, is expected to economy is also predicted to reach low growth provide $1 billion Line of Credit (LOC), which levels. Only recently, the Vice President Yomi will be disbursed by NEXIM Bank to qualifying Osinbajo-led Committee on Economic Sustainability beneficiary projects and transactions in support Plan warned that about 39.4 million Nigerians might lose jobs at the end of 2020 due to the of Intra-African Trade and Investments.

The fund among others provides support for effect of Covid-19.

In spite of these negative impact on the economy, growth of trade between Nigeria and other African countries with special emphasis on value addition, it also presents golden opportunities for Africa’s particularly in primary goods and commodities, largest economy to pivot to a more sustainable with a view to enhancing local earnings and jobs and economically rewarding path for its over 200 million population. creation. capacity of the exporting community with a view to enhancing the performance of the sector. The intervention programme is in line with the economic diversification of the present administration. Since the inception of the programme in 2017, 17 classes of training have been executed in different locations in the country while over 500 participants have graduated from the programme.

Businessman Condemns Clampdown on Nigerian Traders in Ghana, Seeks FG’s Intervention Sylvester Idowu in Warri Managing Director of DAS Energy Services Limited, Effurun, Delta State, Chief Sunny Onuesoke has described as unfair, the recent clampdown on Nigerian businesses in Ghana by the country’s authorities.

He therefore appealed to the federal government to intervene to lessen the sufferings being encountered by Nigeria businessmen in that country.

Businesses belonging to Nigerian traders in Accra, Ghana were recently locked by the country’s authorities who demanded cash payment of $1 million before the businesses

would be opened.

Onuesoke, who described the actions of the Ghanaian government as negating the spirit of African brotherhood, and in breach of ECOWAS protocols freely signed by member countries, stressed that the action is creating unfavourable business environment for Nigerian businesses in Ghana.

He argued that it was unfair and unjust to close up shops and offices of businesses that were legally registered and of which their owners were law-abiding residents.

Reacting to the $1 million business registration fees and taxes allegedly levied on such Nigerian businesses by the Ghana Investment

Promotion Council, Onuesoke described the policy as shocking and outrageous noting that foreign businesses were being subjected to such terrible conditions without minding the huge losses incurred by the businesses due to the global pandemic.

Onuesoke disclosed that the ordeal of Nigeria traders in Ghana was a deliberate escalation by the Ghanaian government of the long-existing animus against Nigerian businesses that commenced after the senseless humiliation of Ghanaian citizens in Nigeria in 1983.

The PDP Chieftain who maintained

that suppressing Nigerian businesses in Ghana at this critical time should not be seen as a right step, called on the Federal Government to urgently wade into the matter and save Nigerians in Ghana, whose means of livelihood were obviously being threatened by the recent actions of the Ghanaian authorities.

Onuesoke advised Nigeria government to educate its citizen to be law abiding when they travel to other countries adding “Ghana or any other foreign land is not Nigeria. so they should learn to obey laws and orders.

You cannot behave in another man’s land just the way you behave in your land,� he advised.

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T H I S D AY ˾ TUESDAY AUGUST 25, 2020

PROPERTY & ENVIRONMENT Odemayowa:Vantage Bourdillon is at the Core of Our Heart Deluxe Residences Limited has started a luxury tower, deliberately identified as ‘Vantage Bourdillon’, because it is designed to give investors clear advantage on Bourdillon Road, Ikoyi, Lagos, the Chief Executive Officer, Mr. Emmanuel Odemayowa tells Bennett Oghifo

G

ive us a little of your background Emmanuel Odemayowa is the Managing Director of Deluxe Residences Limited, a member of the Cavalli Business and Investment Group. I had my first degree at Obafemi Awolowo University (OAU) where I studied Business Administration and I had my MBA in London School of Business and Finance (LSBF). Although I grew up in a real estate environment, I did not start out my career in real estate. I worked briefly at the presidency in Abuja and also with a private sector organisation in Abuja. My uncle who I was with in Abuja is an engineer and he was part of the people that built Abuja in 1985.

From 1991, I started going to Abuja and when I graduated, I had my youth service there. I left Abuja after working briefly for about two to three years and moved to Lagos. In Lagos, I was living with my cousin who was also into real estate and construction. I worked with him for a while and eventually, I had to branch out. Prior to that time, right in Abuja, I was supervising some projects but not really on full time because as at that time, I had not made up my mind that I was going into real estate. When I am off work during the evenings, I try to play some golf at Ikoyi Club.

I am a member of the Ikoyi Club. I also watch a lot of football and I am a Chelsea fan.

Tell us about your company and how it is serving the Nigerian market.

We are Deluxe Residences Limited and as the name connotes, we are into luxury projects. We major in high-rise apartments and we’ve also done some semi-detached and fully detached homes.

We operate more in top locations in Lagos like Ikoyi, Victoria Island and Lekki axis. Actually, we do a lot of projects in Victoria Island. As I stated earlier, Deluxe Residences is a member of Cavalli Business & Investment Group and within the group, we try to address the whole spectrum of real estate. Within the group, we are not just limited to top locations; we do real estate from

are living in a hotel. We also have other projects at different phases of completion. We have Amlad Place which is on the way to Banana Island and The Empire Queens Apartments opposite Eko Hotel & Suites. We also have other projects that we have completed such as The Grand Orchard, The Vogue Oniru and Pacific Heights.

Odemayowa

the lowest to the highest. We do projects as far as Lagos-Ibadan Expressway and Ibeju Lekki.

Again, we are planning about two massive project launches which are coming up soon.

What major projects is Deluxe Residences currently involved in?

Our latest project at Deluxe Residences Limited is called the Vantage Bourdillon and it is a project right here on Bourdillon. It is a 10 suspended floor project that comes with a lot of recreational facilities. Vantage Bourdillon is a project at the core of our heart and that is why we gave it the name ‘Vantage.’

Anyone that buys into this project will know they are occupying a vantage position in Bourdillon.

The project will have a rooftop gallery where people can relax. All these make it a top project in a top location. Apart from Vantage Bourdillon, we have another project called The Knight, which is on Ahmadu Bello Way, right beside Silverbird Galleria. It is a hotel apartment where there will be concierge, restaurants, swimming pools, game arcades, a lot of stuffs that people can use to relax. So you are living in your home like you

In 2019, Nigeria’s housing deficit was reported to be around 17 million units.

Can you brief us on how your company is trying to fill this gap?

I have been hearing about this 17 million housing deficit for 10 years now. Recently, I heard it was 22 million and it doesn’t seem to be abating, rather it seems to be escalating. So, at Deluxe Residences, we have massive projects where we have several units and we try to help the market with our projects. We try to do projects where people pay in instalments up to like three years or more. We also try to make our projects affordable and we always come with the best prices. We believe that this will go a long way in closing the gap. We are also reaching out to the state government and also the Federal Ministry of Housing in Abuja for partnership and see how we can close this gap. Some weeks ago, the world celebrated World Day of Social Justice and I was one of the speakers at the event at Alausa where we spoke about social housing. We understand that it is always not so easy for private developers to do so much when it comes to social housing without government input and it should not stop at the process of giving land to the developers. We have the Federal Mortgage Bank of Nigeria and the Nigeria Mortgage Refinance Company; these organs of the government have to work in much better ways to encourage private developers like us. We are doing a lot already, but we need to do so much more because the housing deficit is growing and our population is growing as well.

According to the Federal Mortgage Bank of Nigeria (FMBN), homeownership is low

at 25%. Do you think Family Home Funds (FHF) has the potential of increasing the rate of homeownership?

I believe that Family Home Funds should help to increase homeownership. It is a right initiative in the right direction but at the same time, when you also look at the target they are trying to achieve, for me, it’s like a drop in the ocean. Their target is about 500,000 units, Lagos’ population alone is about 25 million. FHF is serving the whole of Nigeria and they say by 2023, they want to provide accommodation through developers to about 500,000 Nigerians which sounds good. So the truth right now is that we need platforms; national, state or private sector driven, to look at how to massively address that issue of housing deficit and homeownership.

What do you think are the challenges working against the development of the housing sector in Nigeria?

Apart from the issue of access to land, especially from the government, getting titles like C of O, Governor’s Consent for subsequent transactions and some other things, has really affected the housing sector in Nigeria. We have this bureaucratic bottleneck and it slows down the processes. The processes are good but they are not meant to frustrate people, are they?

And then again, access to finance for both the developers and the end-users. For the developers, it is always there; at least every developer is always out there trying to look out for funds for projects. Then the end-users, there’s National Housing Fund (NHF) but I will say they should be strengthened, they should be expanded. The population we have in Nigeria is tending towards 200 million right now, so when you have such organisations working to cater for housing for this number of people, then their capacity needs to be enlarged. There must be a bridging of gaps in getting finances to the end-users. So they can get loans and get mortgages with single-digit interest rate.

CBI is Perfect Hedge from Social, Economic, Political Storms, Says Asaria Mohammed Asaria is Managing Director and Board Member of Range Developments, an international luxury hospitality development company that develops luxury resorts in the Eastern Caribbean under Citizenship-by-Investment programmes. Asaria tells Bennett Oghifo how the programmes work, among other investment plans

T

ell us about your company’s ownership structure Range Developments is a privately held company. There are two partners, Mohammed Asaria and Kamal Shehada.

The citizen by investment programme looks interesting, particularly with the ultra-luxury resorts. What are the house types?

In Grenada at the Six Senses La Sagesse, we are building an ultra-luxury resort. It will compromise 100 rooms spread over 28 acres. The hotel will have a number of restaurants, a feature Spa as well as access to two beaches. It will be something special that all Six Senses resort are. Six Senses is the leading brand of the Intercontinental Brand. The resort will also include a number of exclusive villas that will be built in the same style as the main hotel. They will share

the facilities and will be available to be used by the hotel.

What should a Nigerian interested in the programme do?

Grenada has emerged as the leading CBI option due to its multiple benefits and access to the E2 USA visa. Citizenship of Grenada may be obtained in a cost-effective manner expeditiously within a 90-day period following a detailed due diligence process on the applicant. This is also a very cost effective-jurisdiction in comparison with the range of other existing citizenship programmes.

What’s the expected return on investment, besides citizenship?

The investor must hold the investment for 5 years. Thereafter, they can resell the investment to another investor who can also apply for citizenship of Grenada. The original investor keeps their citizenship in perpetuity. In addition, an investor will also receive a profit from the operations of the hotel. The projected yield is from 2% to 4% once the hotel opens.

What arrangement is there for a Nigerian investor to use his home during their vacation or at any other time?

The investors are acquiring an interest in the hotel rather than a specific home. This is the way the Grenadian CBI programme is structured. Investors are welcome to spend two weeks a year on a complimentary basis at the Six Senses Hotel and during construction we invite them to spend two weeks a year at one of our other Caribbean Resorts (either the Park Hyatt St Kitts or Kempinksi Dominica).

Asaria

How secure is the investment from economic and political storms?

Investment in a CBI programme offers the best refuge from economic and political storms, because it gives mobility and security.

Once you have second citizenship, you are

free to travel wherever you choose. It is the perfect hedge from social, economic or political storms. Combining this with the ability to live in the United States – ensures CBI is not just a luxury, it has become a necessity.

Periwinkle Residences Acquires new Site in Old Ikoyi as Demand for Luxury Spikes Bennett Oghifo Periwinkle Residences Limited has announced the acquisition of a new site at the most luxurious location in West Africa, Old Ikoyi, in its effort to accelerate expansion opportunities in the Lagos real estate market.

PERIWINKLE is exploring further investment opportunities, following the success of its Periwinkle Lifestyle Estate. The luxury community development of 17 hectares of land has already sold over 68 per cent.

“PERIWINKLE Residences Limited has enjoyed phenomenal growth by selectively choosing expansion markets that have helped position it as a major regional property developer,” said Chiedu Nweke, Managing Director of

PERIWINKLE. “The success of our Periwinkle Lifestyle Estate development in Lekki Phase 1 clearly indicates the company’s ability to deliver the right product to the right market, and acquiring this site further extends our reach into the Lagos real estate market and helps us move forward.

We are pleased as a company for this new development.

To meet the demand for contemporary luxury homes, PERIWINKLE is set to launch Château La Reverie. Château La Reverie is a collection of stylish 5-bedroom villas located in a vibrant boutique community. Château La Reverie villas are known as “the home for kings” giving its residents a refreshing way of life, spacious living areas, low maintenance costs and modern amenities. Periwinkle Residences is also presenting

investors with the opportunity to buy Château La Reverie at an off-take price, enabling them to make the most of this opportunity and grow their investment portfolio.

Located on Iru Street off of Queen’s drive in Ikoyi, Château La Reverie offers a world of amenities directly on residents’ doorsteps.

From wide-open spaces to breathtaking green escapes and retail therapy, Château La Reverie is a place people can envisage themselves enjoying their home and the lifestyle it offers.

Nweke said: “Launched under the theme ‘Home for Kings’, Château La Reverie is our latest project innovation that caters to the needs of millennials and families who seek to live the lifestyle of kings that offers an all-encompassing and refreshing lifestyle.

TUESDAY, AUGUST 25, 2020 ˾ T H I S D AY

22

MARKET NEWS

Q3: John Holt Posts N1.2bn Revenue, N692m Loss Goddy Egene John Holt Plc has posted a revenue of N1.197

billion for the nine months ended June 30, 2020, showing a decline of 20.7 per cent compared with N1.509 billion in the corresponding period

A Mutual fund (Unit Trust) is an investment vehicle managed by a SEC (Securities and Exchange Commission) registered Fund Manager.

Investors with similar objectives buy units of the Fund so that the Fund Manager can buy securities that willl generate their desired return.

An ETF (Exchange Traded Fund) is a type of fund which owns the assets (shares of stock, bonds, oil futures, gold bars, foreign currency, etc.) and divides ownership of those assets into shares. Investors can buy these ‘shares’ on the

of 2019. The conglomerate that provides technical, engineering services, leasing, fire safety solutions, properties management

floor of the Nigerian Stock Exchange.

A REIT (Real Estate Investment Trust) is an investment vehicle that allows both small and large investors to part-own real estate ventures (eg.

Offices, Houses, Hospitals) in proportion to their investments. The assets are divided into shares that are traded on the Nigerian Stock Exchange.

GUIDE TO DATA: Date: All fund prices are quoted in Naira as at 21Aug-2020, unless otherwise stated.

services, ended the period with gross profit of N272 million, down by 32.3 per cent from N402 million recorded in 2019.

Distribution expenses rose 9.3 per cent from N151 million to N166 million, while administrative expenses rose by same margin

from N281 million to N307 million. Finance cost grew by 11.2 per cent from N43 million to N48 million.

Offer price: The price at which units of a trust or ETF are bought by investors.

Bid Price: The price at which Investors redeem (sell) units of a trust or ETF. Yield/Total Return: Denotes the total return an investor would have earned on his investment. Money Market Funds report Yield while others report Year- to-date Total Return.

NAV: Is value per share of the real estate assets held by a REIT on a specific date.

DAILY PRICE LIST FOR MUTUAL FUNDS, REITS and ETFS MUTUAL FUNDS / UNIT TRUSTS AFRINVEST ASSET MANAGEMENT LTD aaml@afrinvest.com Web: www.afrinvest.com; Tel: +234 818 885 6757 Fund Name Bid Price Offer Price Yield / T-Rtn Afrinvest Equity Fund N/A N/A N/A Afrinvest Plutus Fund N/A N/A N/A Nigeria International Debt Fund N/A N/A N/A ALTERNATIVE CAPITAL PARTNERS LTD info@acapng.com Web: www.acapng.com, Tel: +234 1 291 2406, +234 1 291 2868 Fund Name Bid Price Offer Price Yield / T-Rtn ACAP Canary Growth Fund 0.92 0.93 1.89% ACAP Income Funds 0.78 0.78 10.16% AIICO CAPITAL LTD ammf@aiicocapital.com Web: www.aiicocapital.com, Tel: +234-1-2792974 Fund Name Bid Price Offer Price Yield / T-Rtn AIICO Money Market Fund 100.00 100.00 5.82% AIICO Balanced Fund 2.97 3.04 20.74% ANCHORIA ASSET MANAGEMENT LIMITED info@anchoriaam.com Web:www.anchoriaam.com, Tel: 08166830267; 08036814510; 08028419180 Fund Name Bid Price Offer Price Yield / T-Rtn Anchoria Money Market 100.00 100.00 4.13% Anchoria Equity Fund N/A N/A N/A Anchoria Fixed Income Fund 1.27 1.27 10.24% ARM INVESTMENT MANAGERS LTD enquiries@arminvestmentcenter.com Web: www.arm.com.ng; Tel: 0700 CALLARM (0700 225 5276) Fund Name Bid Price Offer Price Yield / T-Rtn ARM Aggressive Growth Fund 14.37 14.80 -6.21% ARM Discovery Fund 340.10 350.35 -1.54% ARM Ethical Fund 30.32 31.23 4.24% ARM Eurobond Fund ($) 1.15 1.15 14.87% ARM Fixed Income Fund 1.08 1.09 8.42% ARM Money Market Fund 1.00 1.00 4.48% AXA MANSARD INVESTMENTS LIMITED investmentcare@axamansard.com Web: www.axamansard.com; Tel: +2341-4488482 Fund Name Bid Price Offer Price Yield / T-Rtn AXA Mansard Equity Income Fund 97.46 98.14 1.44% AXA Mansard Money Market Fund 1.00 1.00 4.72% CAPITAL EXPRESS ASSET AND TRUST LIMITED info@capitalexpressassetandtrust.com Web: www.capitalexpressassetandtrust.com ; Tel: +234 803 307 5048 Fund Name Bid Price Offer Price Yield / T-Rtn CEAT Fixed Income Fund 2.13 2.13 16.54% Capital Express Balanced Fund(Formerly: Union Trustees Mixed Fund) 1.85 1.87 4.19% CHAPELHILL DENHAM MANAGEMENT LTD investmentmanagement@chapelhilldenham.com Web: www.chapelhilldenham.com, Tel: +234 461 0691 Fund Name Bid Price Offer Price Yield / T-Rtn Chapelhill Denham Money Market Fund 100.00 100.00 5.41% Paramount Equity Fund 11.41 11.61 -8.87% Women's Investment Fund 110.27 111.23 -0.14% CORDROS ASSET MANAGEMENT LIMITED assetmgtteam@cordros.com Web: www.cordros.com, Tel: 019036947 Fund Name Bid Price Offer Price Yield / T-Rtn Cordros Money Market Fund 100.00 100.00 4.93% Cordros Milestone Fund 2023 104.65 104.98 Cordros Milestone Fund 2028 108.96 109.26 Cordros Dollar Fund ($) 102.55 102.55 CORONATION ASSEST MANAGEMENT investment@coronationam.com Web:www.coronationam.com , Tel: 012366215 Fund Name Bid Price Offer Price Yield / T-Rtn Coronation Money Market Fund 1.00 1.00 3.42% Coronation Balanced Fund 0.95 0.96 2.46% Coronation Fixed Income Fund 1.55 1.55 16.76% EDC FUNDS MANAGEMENT LIMITED mutualfundng@ecobank.com Web: www.ecobank.com Tel: 012265281 Fund Name Bid Price Offer Price Yield / T-Rtn EDC Nigeria Money Market Fund Class A 100.00 100.00 4.28% EDC Nigeria Money Market Fund Class B 1,000,000.00 1,000,000.00 4.45% EDC Nigeria Fixed Income Fund 1,167.62 1,178.03 5.23% FBNQUEST ASSET MANAGEMENT LTD invest@fbnquest.com Web: www.fbnquest.com/asset-management; Tel: +234-81 0082 0082 Fund Name Bid Price Offer Price Yield / T-Rtn FBN Fixed Income Fund 1,390.21 1,391.83 13.95% FBN Balanced Fund 151.90 152.96 3.46% FBN Halal Fund 107.19 107.21 7.19% FBN Money Market Fund 100.00 100.00 4.47% FBN Nigeria Eurobond (USD) Fund - Institutional 119.06 119.63 3.05% FBN Nigeria Eurobond (USD) Fund - Retail 119.30 119.87 2.75% FBN Nigeria Smart Beta Equity Fund 115.01 116.82 -11.62% FCMB ASSET MANAGEMENT LIMITED fcmbamhelpdesk@fcmb.com Web: www.fcmbassetmanagement.com; Tel: +234 1 462 2596 Fund Name Bid Price Offer Price Yield / T-Rtn Legacy Money Market Fund 1.00 1.00 3.48% Legacy Debt Fund 3.81 3.81 4.23% Legacy Equity Fund 1.13 1.16 0.25% Legacy USD Bond Fund 1.12 1.12 3.26% FSDH ASSET MANAGEMENT LTD coralfunds@fsdhgroup.com Web: www.fsdhaml.com; Tel: 01-270 4884-5; 01-280 9740-1 Fund Name Bid Price Offer Price Yield / T-Rtn Coral Growth Fund 3,118.65 3,152.80 2.55% Coral Income Fund 3,186.28 3,186.28 3.60% FSDH Treasury Bills Fund 100.00 100.00 4.39% GREENWICH ASSET MANAGEMENT LIMITED assetmanagement@gtlgroup.com Web: www.gtlgroup.com ; Tel: +234 1 4619261-2 Fund Name Bid Price Offer Price Yield / T-Rtn Greenwich Plus Money Market Fund N/A N/A N/A Nigeria Entertainment Fund N/A N/A N/A

GROWTH & DEVELOPMENT ASSET MANAGEMENT LIMITED assetmanagement@gdl.com.ng Web: www.gdl.com.ng ; Tel: +234 9055691122 Fund Name Bid Price Offer Price Yield / T-Rtn GDL Money Market Fund N/A N/A N/A INVESTMENT ONE FUNDS MANAGEMENT LTD enquiries@investment-one.com Web: www.investment-one.com; Tel: +234 812 992 1045,+234 1 448 8888 Fund Name Bid Price Offer Price Yield / T-Rtn Abacus Money Market Fund 100.00 100.00 4.02% Vantage Balanced Fund 2.29 2.33 4.42% Vantage Guaranteed Income Fund 1.00 1.00 8.56% Kedari Investment Fund (KIF) 149.70 150.44 4.44% LOTUS CAPITAL LTD fincon@lotuscapitallimited.com Web: www.lotuscapitallimited.com; Tel: +234 1-291 4626 / +234 1-291 4624 Fund Name Bid Price Offer Price Yield / T-Rtn Lotus Halal Investment Fund 1.25 1.27 7.08% Lotus Halal Fixed Income Fund 1,130.07 1,130.07 6.75% MERISTEM WEALTH MANAGEMENT LTD info@meristemwealth.com Web: http://www.meristemwealth.com/funds/ ; Tel: +234 1-4488260 Fund Name Bid Price Offer Price Yield / T-Rtn Meristem Equity Market Fund N/A N/A N/A Meristem Money Market Fund N/A N/A N/A PAC ASSET MANAGEMENT LTD info@pacassetmanagement.com Web: www.pacassetmanagement.com/mutualfunds; Tel: +234 1 271 8632 Fund Name Bid Price Offer Price Yield / T-Rtn PACAM Balanced Fund 1.39 1.41 13.58% PACAM Fixed Income Fund 11.92 11.99 5.87% PACAM Money Market Fund 10.00 10.00 3.80% PACAM Equity Fund 1.06 1.08 PACAM EuroBond Fund 107.73 110.25 SCM CAPITAL LIMITED info@scmcapitalng.com Web: www.scmcapitalng.com; Tel: +234 1-280 2226,+234 1- 280 2227 Fund Name Bid Price Offer Price Yield / T-Rtn SCM Capital Frontier Fund 114.57 116.70 -2.49% SFS CAPITAL NIGERIA LTD investments@sfsnigeria.com Web: www.sfsnigeria.com, Tel: +234 (01) 2801400 Fund Name Bid Price Offer Price Yield / T-Rtn SFS Fixed Income Fund 1.01 1.01 6.44% STANBIC IBTC ASSET MANAGEMENT LTD assetmanagement@stanbicibtc.com Web: www.stanbicibtcassetmanagement.com; Tel: +234 1 280 1266; 0700 MUTUALFUNDS Fund Name Bid Price Offer Price Yield / T-Rtn Stanbic IBTC Balanced Fund 2,521.35 2,532.80 2.93% Stanbic IBTC Bond Fund 210.33 210.33 0.92% Stanbic IBTC Ethical Fund 0.88 0.89 2.87% Stanbic IBTC Guaranteed Investment Fund 273.87 273.95 1.14% Stanbic IBTC Iman Fund 154.92 156.64 2.06% Stanbic IBTC Money Market Fund 100.00 100.00 4.12% Stanbic IBTC Nigerian Equity Fund 7,674.15 7,756.30 0.56% Stanbic IBTC Dollar Fund (USD) 1.16 1.16 0.73% Stanbic IBTC Shariah Fixed Income Fund 118.18 118.18 0.00% UNITED CAPITAL ASSET MANAGEMENT LTD Web: www.unitedcapitalplcgroup.com; Tel: +234 803 306 2887 Fund Name Bid Price Offer Price Yield / T-Rtn United Capital Balanced Fund 1.15 1.17 -3.62% United Capital Bond Fund 1.84 1.84 6.58% United Capital Equity Fund 0.65 0.67 -7.14% United Capital Money Market Fund 1.00 1.00 4.77% United Capital Eurobond Fund 114.12 114.12 4.46% United Capital Wealth for Women Fund 1.02 1.03 -2.32% QUANTUM ZENITH ASSET MANAGEMENT & INVESTMENTS LTD service@quantumzenithasset.com.ng Web: www.quantumzenith.com.ng; Tel: +234 1-2784219 Fund Name Bid Price Offer Price Yield / T-Rtn Zenith Equity Fund 10.30 10.41 0.18% Zenith Ethical Fund 11.66 11.71 0.10% Zenith Income Fund 24.52 24.52 10.14% Zenith Money Market Fund 1.00 1.00 3.65%

REITS NAV Per Share

Fund Name SFS Skye Shelter Fund

Yield / T-Rtn

117.83

5.06%

53.40

2.59%

Bid Price

Offer Price

Yield / T-Rtn

9.03 86.32 66.92

9.13 88.15 68.12

3.71% 1.57% 1.38%

Union Homes REIT

EXCHANGE TRADED FUNDS Fund Name Lotus Halal Equity Exchange Traded Fund SIAML Pension ETF 40 Stanbic IBTC ETF 30 Fund

VETIVA FUND MANAGERS LTD Web: www.vetiva.com; Tel: +234 1 453 0697 Fund Name Vetiva Banking Exchange Traded Fund Vetiva Consumer Goods Exchange Traded Fund Vetiva Griffin 30 Exchange Traded Fund Vetiva Money Market Fund Vetiva Industrial Goods Exchange Traded Fund Vetiva S&P Nigeria Sovereign Bond Exchange Traded Fund

funds@vetiva.com Bid Price

Offer Price

Yield / T-Rtn

3.07 4.18 11.90 1.00 11.02 182.98

3.11 4.26 12.00 1.00 11.22 184.98

-13.55% -29.03% -1.87% N/A 6.03% -2.73%

NAV Per Share

Yield / T-Rtn

108.03

15.02%

INFRASTRUCTURE FUND Fund Name Chapel Hill Denham Nigeria Infrastructure Debt Fund

The value of investments and the income from them may fall as well as rise. Past performance is a guide and not an indication of future returns. Fund prices published in this edition are also available on each fund manager’s website and FMAN’s website at www.fman.com.ng. Fund prices are supplied by the operator of the relevant fund and are published for information purposes only.

TUESDAY AUGUST 25, 2020 • T H I S D AY

23

24

TUESDAY AUGUST 25, 2020 •T H I S D AY

LAWYER

A

Bayelsa State Governor, Douye Diri

WEEKLY PULLOUT

25.08.2020

ANDP Gubernatorial Candidate, Lucky King- George

The Bayelsa Governorship Election Conundrum

2/

25.08.2020

Bayelsa: ANDP’s Unclean Hands I know that Section 6(6)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution), gives us the right to ventilate all our grievances in court, but must we abuse our Section 6(6)(b) right by wasting the time of our already over-burdened courts with somewhat frivolous matters? How long will we allow Politicians to use our esteemed courts, as their playground? Honestly, in the case of Suit No: EPT/BY/GOV/03/2020 Advanced Nigeria Democratic Party (ANDP) v INEC, PDP & Douye Diri, what many see is some sinister conspiracy similar to what we saw in Rivers State after APC was excluded from the ballot; to ensure that another candidate from a nondescript party, and not the PDP candidate, wins the election by hook or by crook, and then possibly to have them either defect to APC or exercise the power of Federal over them, because of APC’s seemingly obvious desperation to get a leg into at least one of the oil producing States of the South South! The plot thickens with a news report which circulated on social media on Friday, in which the same ANDP distanced itself from this present legal proceedings, not to mention the mysterious revival of this Petition (which was previously withdrawn) only following the declaration of the PDP candidate as the winner of the election - possibly confirming the APC conspiracy theory!

I have seriously pondered over the majority decision that was recently handed down in the ANDP case, and I must say that I can only align myself to an extent with the dissenting judgement of the Chairman of the Tribunal, Hon Justice Muhammad Sirajo.

Many issues arose in this Petition and decision, but because of space constraints, l shall only deal with a few which I deem to be crucial.

The Constitution and the Electoral Act Section 177 of the Constitution provides for Qualification for election as Governor, and by virtue of Section 187(2), these provisions also apply to the Deputy Gubernatorial candidate as well. Section 177(b) unequivocally states that, candidates for both positions must have attained the age of 35 years. In the first place, strangely, the two Deputy Gubernatorial candidates presented by ANDP, that is, David Esinkuma and subsequently, Janet Inowei, fell short of this provision, not having attained the age of 35. In fact, Ms Inowei turned 35 years, 10 days after the November 16, 2019 election. Isn't it mischievous and shameful, that so-called political parties believe that they can make a mockery of the provisions of the grundnorm by presenting candidates who do not meet its requirements, and then seek refuge in the Tribunals and Courts by taking advantage of seeming inconsistencies in statutory provisions and legal technicalities? This assertion, seems to fit the bill in this case.

Is it not obvious that the proviso in Section 31(1) of the Electoral Act 2010 (as amended)(EA), that INEC shall not reject or disqualify a candidate for any reason whatsoever, is not just vague and blanket, sometimes leading to absurdity; but, in this particular circumstance, runs foul of the provision of Section 177(b) of the Constitution, which makes the mandatory age for qualification of election for Governor (and Deputy) 35 years? Is INEC not empowered to make such an obvious observation to ANDP, that its candidate doesn’t meet the constitutionally provided age requirement, a fact which any serious political party should have been well acquainted with, before fielding its candidate? That proviso in Section 31(1) of the EA is absurd in the face of clear cut constitutional breaches like that of the ANDP; they do not need judicial interpretation. I will go further to argue that, Section 285(14)(c) of the Constitution which classifies the ANDP matter as a pre-election one, provides inter alia that: “....a political party challenging the actions, decisions or activities of the INEC disqualifying its candidate from participating in an election.....”, certainly recognises the fact that INEC can disqualify a candidate from participating in an election, and that such party can challenge the disqualification in Court, not a Tribunal (Section 285(14)(10) of the Constitution).

Let me give another example, to further buttress the absurdity of the afore-mentioned proviso visa-vis Section 177 of the Constitution. If somehow, a Chinese citizen who moved to Nigeria for the first time ever a year before the election, Mr Chu Wong, on the platform of ‘Chinco Nigeria Party’ submits a nomination form to run for the office of Governor or as a Deputy Gubernatorial candidate; because of the proviso in Section 31(I) of EA that INEC cannot disqualify a candidate for any reason whatsoever, as the Constitution stands today, should INEC then accept the nomination of Mr Chu Wong contrary to Section 177(a) of the Constitution, which provides that candidates must be citizens of Nigeria by birth, and wait for the court to declare him to

be Chinese, because the constitutional provision is said by some not to be self-executory, but must be interpreted by the court?! Or if a baby, still in diapers, is nominated as the Deputy Gubernatorial candidate, INEC should go ahead and accept the nomination? I think not. That is how preposterous and farcical that that omnibus proviso in Section 31(1) which requires stricter qualification, is!

Yes, saying that INEC cannot regurgitate to an offender the provision of the Constitution which such a nomination offends, especially those that are as clear as day like that of ANDP, is not only as risible as having Mr. Chu Wong run for Governor in Nigeria, but also makes nonsense of the constitutional provisions. This was the basis of Ground IX of the Petition - that the pronouncement of qualification for election is a judicial function - Maybe, but in this case, why? Anybody who can read, even a seven year old, can see the clear provisions of Section 177 of the Constitution, without employing or going to court to employ any of the further rules of interpretation (golden or mischief).

It is Section 177(b) that disqualified Mr Esinkuma, not INEC. Section 1(1) of Constitution declares its supremacy and bindingness on all throughout Nigeria (including ANDP), while Section 1(3) declares that the Constitution will prevail over any inconsistent law. I submit that for the purposes of this case, Section 31(1) of the EA is inconsistent with Section 177(b) of the Constitution, if it precludes INEC from informing a political party that its nominee/candidate is under-age or that Mr Chu Wong is not a Nigerian citizen by birth, ab initio. Surely, as the institution which is described as the organiser of elections in Nigeria, INEC’s constitutional role cannot be limited by an inferior statute to be that of a rubber stamp, especially to unconstitutionality and wrong-doing.

Furthermore, I also did not see anywhere in the the Petition, where ANDP denied the fact that Mr Esinkuma and Ms Inowei were under-age at the time of the election. The majority decision of the Tribunal therefore, also ordering a fresh election in which an under-aged candidate can contest is bizarre, and similarly runs foul of Section 177(b) of the Constitution. In the event that such an under-aged candidate runs in a fresh election, surely this would be the first ground for other contestants to challenge the election? He/she would be disqualified by the Court/Tribunal. So, why the merry go round? What is the essence of handing down a decision that fails the test of legality and constitutionality? In any event, even if fresh election is held, the APC will not be a part of it, as the Supreme Court invalidated its candidature for the Bayelsa gubernatorial election in Suit No. SC/1/2020 - Peoples Democratic Party v Biobarakuma Dei-Eremienyo & 3 Ors. For those who are jubilating in the belief that a fresh election means a totally new process, from nomination of new candidates to primaries and finally the actual election, by no stretch of the imagination can one make such an illogical conclusion. It simply means that the ANDP should be added to the ballot which it claims to have been excluded from, along with those who are lawful candidates of the November 16, 2019 election.

Governor Douye Diri

Valid Nomination Interestingly, it seems that David Esinkuma did not formally withdraw his candidature with any written notice as is required by Section 35(1) of the EA, before Janet Inowei was purportedly substituted - at least I didn’t see any mention of that in the Petition (Grounds X and XI). Section 32(2) of the EA says that there shall not be more than one person nominated for one office. By failing to properly withdraw the first nomination, and even though INEC did not accept the second nomination, ANDP had two under-aged nominees for the same office of Deputy Governor of Bayelsa State, begging the question as to whether the ANDP did in fact, have a valid nomination for the election in the first place.

From the foregoing, I wonder if Section 138(1)(d) of the EA which was the bedrock of the Petitioner’s claim is even applicable to this case, as one of the elements that must exist in order to prove that ANDP was unlawfully excluded from the election, is that it had a valid nomination. By ANDP’s own admission in its Petition, ANDP couldn’t have had a valid nomination, because I would imagine that, a constitutionally qualified candidate must necessarily be a condition precedent for a valid nomination.

In my humble opinion, both candidates being under-age or having two nominees for the same position, makes the assertion that ANDP had a valid nomination, untenable.

Jurisdictional Issues Apart from the above, there were jurisdictional issues in the case. By the virtue of Section 285(14) (b) & (c) of the Constitution, this matter qualifies as a pre-election one, which must be filed not later than 14 days from the date of the occurrence of the event, decision or action complained of in the suit, as it relates to nomination of candidates for the election before the election took place; and such action should be filed in a High Court or Federal High Court. Instead, this matter was filed on the 26/2/2020, 12 days after Douye Diri was declared as the duly elected Governor of Bayelsa State on 14/2/2020. However, INEC wrote to ANDP on 27/9/2019 to say that the deadline for the submission of nominations for candidates had closed on 9/9/2019, and therefore, its name would not be on the ballot. The Petition should have been filed by October 11, 2019, 14 days from the date of INEC’s letter of 27/9/2019 when the cause of action - the exclusion from the ballot, arose (as clearly defined in Section 285(14)(c)).

I do not agree that the matter is a post-election one (by the foregoing, it is not). But, if it was, by virtue of Section 285(5) of the Constitution, it should have been filed within 21 days after the date of the declaration of the result of the election, which many argue is 14/2/2020 when Senator Diri of the PDP was declared as winner, and not 17/11/2019 when David Lyon of the APC was previously declared; that the Supreme Court’s nullification of Lyon’s declaration in the PDP case (Supra), rendered the initial declaration null and void. Can this be the reason for the attempt to shroud this Petition, in a borrowed post-election garment?

“THE ONLY CONCLUSION THAT CAN RIGHTFULLY BE DRAWN FROM THIS PETITION IS THAT IT IS A PRE-ELECTION MATTER, AS A CANDIDATE WHO DOES NOT QUALIFY IN ACCORDANCE TO SECTION 177 OF THE CONSTITUTION (IN THIS CASE SECTION 177(B))......CANNOT BE SAID TO HAVE BEEN VALIDLY NOMINATED, LET ALONE UNLAWFULLY EXCLUDED FROM PARTICIPATING IN AN ELECTION.....”

Even if there lies a conflict between Section 138(1)(d) of the EA which the Petitioner sought to rely upon to support its claim that the matter is a post-election one; and Section 285(14)(c) of the Constitution which INEC relied upon as qualification as a pre-election matter, again, the provision of the Constitution prevails; and the Tribunal should not have entertained this Petition for lack of jurisdiction, having been filed out of time and before the wrong court (wrong venue).

Conclusion As the saying goes, ‘he who comes to equity, must come with clean hands’. The ANDP did not come to equity with clean hands, as the party fielded unqualified candidates, and should in fact, have been convicted of presenting candidates who do not meet the constitutional qualifications, punishable with a fine of N500,000 for each candidate (Section 31(8) of the EA), while paying costs for abuse of court process. The Petition is incompetent, and the Tribunal should not have entertained it for the aforementioned reasons. It is also trite law that, jurisdiction is the life blood of a matter; that a court is incompetent without jurisdiction, and if a court lacks the requisite jurisdiction to entertain a matter, no matter how well tried it is, all the proceedings therein are null and void, and of no effect - Madukuolu v Nkemdilim 1962 2 S.C.N.L.R 341.

The only conclusion that can rightfully be drawn from this Petition is that it is a pre-election matter, as a candidate who does not qualify in accordance to Section 177 of the Constitution (in this case Section 177(b)), and is excluded from participating in an election, must go to court within 14 days of the exclusion. A candidate who does not satisfy constitutional requirements, cannot be said to have been validly nominated, let alone unlawfully excluded from participating in an election; while, additionally, the Election Petition Tribunal lacked the jurisdiction to entertain the matter.

LAW REPORT/3

Unlawful Exclusion from Election: Whether a Pre-election or Post-election Matter Facts

The Petitioner was a registered Political Party in Nigeria, who sponsored candidates for the gubernatorial election in Bayelsa State. The Petitioner nominated and sponsored a certain Hon. Lucky King-George as its Governorship candidate, and submitted his name along with that of Mr. David Peter Esinkuma to the 1st Respondent (INEC). Upon receipt of the nomination and sponsorship of the Petitioner’s candidate, INEC informed the Petitioner that its Deputy Governorship candidate had not attained the constitutional age of 35 years. The Petitioner thereby, forwarded the name of Miss Inowei Janet (who was also below the constitutional age of 35) to INEC, to substitute the former.

INEC also rejected the second name on the basis that nomination of candidates had closed, and informed the Petitioner that its name and logo would not be on the ballot papers for the election.

At the Gubernatorial election of 16th November, 2019, the name of the Petitioner and its logo weren’t on the ballot papers, though the Petitioner had sponsored candidates and mobilised its agents to the wards for the election.

At the end of the exercise, the candidate of All Progressives Congress (APC), Lyon David Pereworimin was declared the winner of the election. The 2nd Respondent (PDP) challenged the declaration made

by INEC, and on 13th February, 2020, the Supreme Court, in Appeal No. SC.01/2020 – PDP & 2 ORS. v BIOBARAKUMO DEGI EREMIYO & 2 ORS., disqualified the candidates of the APC who were declared winners of the election by INEC. The court ordered that INEC declare the candidate with the highest number of lawful votes cast with the requisite constitutional or geographical spread, as the winner.

Based on the foregoing, INEC declared the 2nd and 3rd Respondents as winners of the election. Displeased with the declaration, the Petitioner, who had withdrawn its earlier Petition filed in November, 2019 after the conduct of the election, presented the present Petition on 26th February, 2020, further to the return of the 3rd Respondent as winner of the Governorship election based on the directive of the Supreme Court. By the Petition, the Petitioner sought the nullification of the election, alleging that it was unlawfully excluded from participating in the election in breach of Section 138(1)(d) of the Electoral Act, 2010 (as amended).

The 1st and 3rd Respondent filed separate Replies to the Petition and Notices of Preliminary Objection thereto.

Issues for Determination With respect to the Preliminary Objections of the 1st and 3rd Respondent to the Petition, the following issues of the parties were considered by the tribunal – Whether the prayers of the Applicant in the present application should not be granted considering the circumstances and contents of the Petition vis-à-vis the mandatory provisions of the Electoral Act, 2010 (as amended), the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and established judicial decisions.

Whether having regard to all the defects, incompetence, lack of locus standi, statute barred, want of jurisdiction, this Petition is not liable to be struck out/dismissed.

Issues in the Main Petition 1. Whether the Petition as constituted is not frivolous, vexatious and a gross abuse of the court process.

2. Whether the Petitioner was validly nominated but unlawfully excluded by the 1st Respondent, from the Bayelsa State Governorship Election of 16th November, 2019.

Arguments Counsel for the Petitioner challenged the validity of the application of the Respondents seeking to strike out the Petition, alleging that there is no valid affidavit in support of the application. Counsel invited the tribunal to strike out paragraphs 7(b), (e) and (g), 8, 9, 10, 11, 12, 13, 14, 15, 17 and 18 of the affidavit which he described as offensive to Section 115 of the Evidence Act, 2011.

Arguing their Preliminary Objections and their defence to the Petition, the Respondents submitted that the Petition is a pre-election complaint which borders on the refusal of INEC to accept the nomination of the Petitioner’s candidate on the ground of his age, and the replacement of the said candidate. They urged the tribunal to strike out the sole ground of the Petition as being incompetent, arguing that the Petitioner founded its Petition on Section 138(1)(d) of the Electoral Guidelines and made pursuant to the Constitution and the Electoral Act. It was their submission that by Section 285(14) of the 1999 Constitution, the issue of nomination of candidates for election is a pre-election matter which can only be determined by regular High Courts, and not an Election Petition Tribunal. Further, being a pre-election matter, they argued that the Petitioner ought to have approached the court within 14 days as provided in Section 285(9) of the constitution.

The Petitioner countered the above submission, arguing that Section 138(1)(d) of the Electoral Act, which relates to unlawful exclusion, is a post-election matter capable of being challenged before an Election Petition Tribunal. More so, the issues of qualification and nomination/ exclusion are now pre-election and post-election matters that can be entertained by an election tribunal – MOHAMMED & ANOR. v SALLAU & ORS. (2015) LPELR-40752.

The Respondents argued further that, assuming the ground of the Petition is conceded as a post-election matter, the Petition is still statute barred as same was not filed within 21 days of declaration of the election results in compliance with the Electoral Act. They contended that election was conducted on 16th November, 2019 and the declaration of result was done on 17th November, 2019. They argued that aside the declaration by INEC on the foregoing date, no other declaration was made as the action of INEC on 14th February, 2020 in compliance with the order of the Supreme Court, is not a declaration. The Petitioner responded to the above submission by stating that its cause of action arose when INEC made the declaration of 14th February, 2020, pronouncing the 3rd Respondent as winner of the election.

Muhammad I. Sirajo, Chairman of the Tribunal

In the Bayelsa State Governorship Election Petition Tribunal Holden at Abuja On Monday, the 17th day of August, 2020 Before Their Lordships

Muhammad I. Sirajo (Chairman) Yunusa Musa (Member I) S.M. Owodunni (Member II) Judges, High Court EPT/BY/GOV/03/2020 Between Advanced Nigeria Democratic Party (ANDP)

…Petitioner

And 1. Independent National Electoral Commission (INEC) 2. Peoples Democratic Party (PDP) 3. Douye Diri ....Respondents

(Lead Judgement delivered by Honourable Justice Yunusa Musa (Member I))

Court’s Judgement and Rationale On the Preliminary Point raised by the Petitioner to the competence of some paragraphs of the affidavit in support of the Preliminary Objections, the tribunal found that the said paragraphs offend the provisions of Section 115 of the Evidence Act, in that they contain legal arguments, prayers, conclusions and legal opinion. The paragraphs were consequently struck out. The tribunal also found that the said affidavit, which had become hollow with nothing in it to support the motion, was also defective as the Commissioner for Oaths merely initialed same contrary to Section 56 of the Oaths

Act, 1963 – MARAYA PLASTIC INDUSTRIES LIMITED v INLAND BANK OF NIGERIA PLC (2002) FWLR (Pt. 120) 1732.

Assuming without conceding that the affidavit was useful, the tribunal considered the following points in its determination of the Preliminary Objections – (i) validity of the sole ground of the Petition vis-à-vis the provisions of Section 285(9) and (14) of the Constitution of the Federal Republic of Nigeria, 1999; (ii) waiver of Petitioner’s right to challenge actions or inactions of INEC; (iii) non-participation by the Petitioner in the election; (iv) non-inclusion of result of the

“...... A PRE-ELECTION MATTER MAY CRYSTALLISE INTO POSTELECTION DISPUTE; FOR INSTANCE, WHERE THE ISSUE OF DISQUALIFICATION GOES INTO A POST-ELECTION ISSUE RECOGNISED BY SECTION 138(1) OF THE ELECTORAL ACT”

election in the Petition; (v) corporate personality of the Petitioner and its capacity to maintain the Petition; and (vi) whether the instant Petition constitutes a review of the judgement of the Supreme Court in SC.01/2020 - PDP & 2 ORS. v BIOBARAKUMO DEGI EREMIYO & 2 ORS. With regard to the submission on the Petition being statute barred because the Petition was not filed within 21 days in compliance with the Electoral Act, the election having held on 16th November, 2019 and declaration made a day after, the tribunal held that, given the order and directive of the Supreme Court in its judgement of 13th February, 2020, and the subsequent compliance thereto

by INEC, the new date of declaration was 14th February, 2020 – TAKORI v MATAWALLE (Unreported Supreme Court judgement in) Suit No. SC.1540/2019 delivered on 23rd January, 2020. The cause of action arose on 14th February, 2020 when INEC made a new declaration which brought in the 3rd Respondent as the winner of the 16th November, 2019 elections. It follows that, the Petitioner filed the Petition within the period stipulated by Section 285(5) of the constitution.

On the point that the Petition is a pre-election complaint, the tribunal held that a pre-election matter may crystallise into post-election dispute; for instance, where the issue of disqualification goes into a post-election issue recognised by Section 138(1) of the Electoral Act. The issue here concerns election/declaration and return. Once the election has been conducted, only the tribunal has jurisdiction in line with Section 138(1)(d) of the Electoral Act – IGBEKELE & ANOR. v INEC & 2 ORS. (2019) LPELR-48536(CA). Although, Exhibit P.8, the letter of INEC dated 27th September, 2019 and addressed to the Petitioner, clearly stated that its logo will not be on the ballot paper, and one may argue that the Petitioner ought to have gone to court within 14 days of receiving the letter; however, in view of the decision of the tribunal that the actions of INEC in refusing the nomination of the Petitioner’s candidate is illegal, the Petitioner need not go to court because the action of INEC never took place in the eye of the law – JELILI v ADEBOMI (2009) LPELR-4351(CA).

Cause of action does not arise until all facts necessary to sustain the facts, have occurred.

Regarding the issue of locus standi to claim the reliefs for the Governorship and Deputy Governorship candidates who had withdrawn from the Petition, the tribunal found that having declared the action of INEC illegal, null and void, it follows that Honourable Lucky King-George and Mr. David Peter Esinkuma are still the candidates of the Petitioner, as there is no evidence before the tribunal of their resignation, withdrawal of their nomination or death.

On the issue of deregistration of the Petitioner by INEC, the tribunal adjudged the issue as spent, given the decision of the Court of Appeal dated 10th August, 2020 in Appeal No: CA/A/507/2020, by which the appellate court declared that INEC cannot de-register parties listed in that suit. The tribunal took judicial notice of the above decision in recognising the Petitioner as a legal person in the eye of the law, competent to present a Petition under Section 137 of the Electoral Act. Deciding the second issue, the tribunal outlined the requirements to establish a Petition on the ground of valid nomination but unlawful exclusion thus: (i) there was valid nomination; (ii) the election was conducted; (iii) the winner was declared; and (iv) the name/ logo of the Petitioner was not on the ballot papers used for the election – ABUBAKAR & 2 ORS. v YAR’ADUA & 813 ORS (2010) 12 S.C. (Pt. II) 1. The Petitioner conducted its primaries in accordance with Section 87 of the Electoral Act, and sent the details of its nominated and sponsored candidates to INEC. Hence, the decision of INEC in rejecting the candidacy of Mr. Esinkuma (the nominated and sponsored Deputy Governorship candidate of the Petitioner), on the ground of age, is in excess of the powers of INEC. The action, which is null and void, is a nullity ab initio as the court is the only institution robed with authority and power to make such determination. Given the provisions of Section 31(1) of the Electoral Act, INEC does not have the power to disqualify any candidate. The action of INEC in this case was ultra vires its powers. INEC cannot screen a candidate, its duty is to supervise; it has no quasi-judicial authority or function – INEC v JIME & ORS. (2019) LPELR-48305(CA). Thus, it is safe to assume that the said disqualification never happened, as the nomination of the Petitioner’s candidate stands.

From the evidence before the tribunal, it was established that the Petitioner nominated its candidates and forwarded their names to INEC. The tribunal having found that the nomination and sponsorship of these candidates stand, it follows that the Petitioner and its candidates were unlawfully excluded from participating in the election conducted on 16th November, 2019. Where unlawful exclusion is proved, the court/tribunal is bound to nullify the election.

Consequent on the above findings, the tribunal nullified the declaration and return of the 3rd Respondent as the winner of the 2019 Bayelsa State Governorship Election; Ordered INEC to conduct fresh election throughout Bayelsa State within 90 days; and include the name and logo of the Petitioner and its candidates in the fresh election.

Petition Allowed by a majority of 2:1 with Honourable Justice Muhammad I. Sirajo Dissenting.

Representation Kehinde Ogunwumiju, SAN with other counsel for the Petitioner.

Ibrahim K. Bawa, SAN and Usman O. Sule, SAN with other counsel for the 1st Respondent.

Chief Chris Uche, SAN and Gordy Uche, SAN with other counsel for the 2nd Respondent.

Emmanuel Enoidem, Esq. with other counsel for the 4th Respondent.

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

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The Bayelsa Governorship When will the Bayelsa State Governor be able to settle down to begin serious work? The Governorship election of November 16, 2019 has continued to be trailed by one contention or another, and the question on the lips of many is, why such a furore over this Governorship election? First, David Lyon of the APC was removed a few hours before his swearing-in to office by the judgement of the Apex Court, and Senator Douye Diri of the PDP was declared to be the winner of that election.

In a curious twist of events, last week, the Election Petition Tribunal in a 2:1 majority decision, held that the ANDP who fielded under-age candidates, was nevertheless, unlawfully excluded from the election, thereby nullifying Diri’s hardworn victory. Damilola Olaleye, Sylvester Udemezue and David Tobi Oyesowo examine the Tribunal’s judgement extensively, in this Discourse Bayelsa State Governorship Election Tribunal’s Verdict as Nigeria’s Electoral Albatross Damilola Olaleye Introduction

R

emoval of State Governors from office through electoral jurisprudence, has become a child’s play in Nigeria. Nothing exemplifies this unwholesome development, than the recent ridiculous majority decision of the Bayelsa State Election Petition Tribunal which nullified the election of Governor Douye Diri upon a belated petition filed by the Advance Nigeria Democratic Party (ANDP), which claimed it was excluded from the 2019 election. Clearly, the majority Judges, the duo of Yunusa Musa, J., and Sikiru Owodunni, J., did a hatchet job that is made to look good! The jurisprudential rationale behind the removal of Governor Diri by the majority judgement of the Tribunal, defies all known laws and legal procedures. It is not only questionable and unreasonable, but shady and disgraceful. It is an outrageous debasement and bastardisation of the sacredness of the Judiciary, and magnificent authority of the Supreme Court.

Preliminary Facts

Election into the governorship seat of Bayelsa State, held on 16th November, 2019. INEC declared and returned Lyon David Pereworimin winner of the election on 17th November, 2019. Political parties and persons who felt dissatisfied with the outcome of the election, filed petitions against the return and declaration of INEC. While the petitions were pending, the Supreme Court, on the 13th of February, 2020 through a pre-election matter in Suit No. SC/1/2020 - Peoples Democratic Party v Biobarakuma Dei-Eremienyo & 3 Ors, nullified the declaration and return of David Lyon and ordered INEC to withdraw his Certificate of Return and that of his Deputy, and declare the person with the highest number of votes and geographical spread, who happened to be Duoye Diri, the winner of the election. By implication, all pending petitions against Lyon automatically abated by the Supreme Court’s unquestionable final pronouncement.

They were accordingly withdrawn.

With the decision of the Supreme Court in Biobarakuma’s case and the refusal of the Apex Court to review same, one had thought all issues relating to the 2019 governorship election in Bayelsa State had finally been laid to rest. Of course, there ought to be an end to litigation. It is recalled, it was on account of this case that two foremost Nigerian Lawyers, Chief Afe Babalola, SAN and Chief Wole Olanipekun, SAN, were

Governor Douye Diri

heavily penalised by the Supreme Court.

The case before the Tribunal was a preelection matter regarding the validity or otherwise of the nomination of the candidate of ANDP, but was rail-roaded and

“THE DECISION OF THE MAJORITY JUDGES ITSELF CONSTITUTES AN AFFRONT TO THE PRE-EMINENCE OF THE SUPREME COURT AS THE FINAL COURT IN THE LAND, WHICH ALREADY AFFIRMED DUOYE DIRI AS THE DULY ELECTED GOVERNOR OF BAYELSA STATE.....THE ACTION OF THE TRIBUNAL, IS NOTHING SHORT OF JUDICIAL RECKLESSNESS AND INSUBORDINATION”

transfigured into a post-election matter. The case ought to have been declared dead on arrival at the Tribunal. Most regrettably, the Tribunal unjustifiably assumed jurisdiction over a matter constitutionally reserved for the High court. The decision of the majority Judges itself constitutes an affront to the pre-eminence of the Supreme Court as the final court in the land, which already affirmed Duoye Diri as the duly elected Governor of Bayelsa State. What the majority judgement of the Tribunal did, in removing Governor Diri from office, was simply to undo what the Supreme Court had done.

The action of the Tribunal, is nothing short of judicial recklessness and insubordination.

It is indictable and condemnable, as it is capable of introducing chaos and anarchy to administration of justice.

Queries Which election are we really talking about?

Was it the November 16, 2019 election or was there another election? It is on record that the petition was filed on 26th February, 2020 – three whole months after a declaration was made by INEC on the election!!! It is important to note that ANDP’s petition was not against the declaration and return made by INEC, or alleged malpractices at the election or invalid votes cast, but the party’s exclusion from the 16th November, 2019 election. Where was ANDP in all those

days between November, 2019 when it was excluded from the election and February, 2020 when it filed its petition. What cause of action was it pursing? When did the cause of action arise? These and other sundry questions render ANDP’s petition and the tribunal’s adjudication over same, suspect and disturbing.

More relevant facts Certain facts about the case remain indisputable. The Petitioner, ANDP, sponsored Lucky King-George as its governorship candidate at the 2019 governorship election in Bayelsa State. His name was submitted with that of David Peter Esinkuma, as his running mate.

INEC found the nomination of King-George defective because, his running mate, Peter, was underaged. He was 34 years old, as against the constitutional age requirement of 35 years. On September 13, 2019, INEC, in consonance with its constitutional duties, wrote the party, ANDP, drawing its attention to the constitutional affliction of its candidate.

INEC’s power to do this, is not in doubt.

Paragraph 15 (a) of the Third Schedule to the Constitution, empowers INEC “to organise, undertake and supervise elections.” Having regard to the ordinary lexical meanings of the words used in paragraph 15 (i) of the 3rd Schedule, there is no way INEC can function effectively without being able to carry out rudimentary administrative screening of a candidate’s electoral qualification requirements, in order to satisfy itself that such particulars as presented are in conformity with the provisions of the Constitution. This, clearly, was the essence of INEC’s letter of September 13, 2019. It was not a disqualification per se, but an administrative step taken by INEC to draw the attention of ANDP to the constitutional deficiency of its candidate.

ANDP did not take advantage of the benevolence of INEC’s letter of September 13, 2019. It was not until 21st September, 2019 that the ANDP forwarded the name of another underaged deputy-governorship candidate, one Miss Inowei Janet, as substitute for David Peter. The fact that Janet was also underaged, was not contested. The point duly established before the Tribunal was, as at 21st September, 2019, when Miss Janet’s name was submitted as a substitute, it was no longer possible to make a new nomination for the position of the Deputy Governor. This fact was communicated to ANDP through a letter dated 27th September, 2019. INEC wrote to the Petitioner stating that the deadline for submission of nominations, had expired. INEC’s letter further notified ANDP that, in the circumstance, the name and logo of the party would not appear on the ballot. ANDP, upon the receipt of the letter responded, vide another letter dated 3rd October, 2019 urging INEC to rescind its decision. INEC, appropriately, did not.

The election, therefore, held on the 16th November, 2019, without the logo and the

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Election Conundrum name of the party on the ballot, and rightly so, as there was no valid nomination of a governorship candidate by ANDP. From the foregoing, the core issue before the learned Tribunal was the validity or otherwise of ANDP candidate’s nomination: was the candidate of the Petitioner validly nominated to contest the Bayelsa State governorship election of November 16, 2019 or not? For some inexplicable but curious reasons, the majority judgement failed to identify this crucial issue. It proceeded on a wrong course, blindly, in my view, by ascribing prominence to ANDP’s allegation of exclusion.

Section 138(1) (d) of the Electoral Act, upon which the petition was predicated, permits an election to be questioned on the ground that the Petitioner or its candidate was “validly nominated, but unlawfully excluded.” Basically, a candidate must be validly nominated in order to be eligible to contest an election. The position of the majority judgement, affirming INEC’s letter of 13th September, 2019 as a disqualification of the Petitioner’s candidate, buttresses this fact. A suit arising therefrom will pass as a pre-election matter within the meaning of Section 285(14) (c) of the 1999 Constitution, as amended by the Fourth Alteration, which defines a pre-election matter as “a political party challenging the actions, decisions, or activities of the Independent National Electoral Commission disqualifying its candidate from participating in an election”. Such a suit is constitutionally required to be filed within 14 days from accrual of a cause of action, which in this case, ran from 27th September, 2019 when ANDP was informed of the fact that its name would not be included in the ballot. Section 258 (9) of the Constitution refers.

The learned Tribunal gravely erred in treating ANDP’s case as a post-election matter, cognisable by it and also holding that Section 285 (14) is inapplicable. Nothing can be more perverse. Upon the receipt of INEC letter of September 27, 2019, it was open to ANDP to proceed to challenge the decision of INEC on the matter. The party did nothing. Janet’s name was submitted outside the window of substitution, as demonstrated through INEC’s letter of 27th September, 2019. The majority Judges deliberately shut their eyes to the content of the letter, and erroneously found that Janet was substituted within time!

Conclusion The dissenting judgement of Justice Muhammad I Sirajo, J., is commendable. His Lordship came out boldly and resisted the misguided but avoidable errors, questionable postulations and pontifications of his learned brothers. His dissenting judgement is an illustration of judicial courage and steadfastness, as against the shenanigans, chicanery and vulnerability or timidity demonstrated by their lordships, the duo of Justices Yunusa Musa and Sikiru. M. Owodunni that delivered the majority judgement.

Damilola Olaleye, Legal Practitioner, Lagos

ANDP’S Petition and Nullification of Bayelsa Governorship Election: The Issues, the Controversy Sylvester Udemezue

So many questions have arisen, including those relating to whether or not ANDP`s petition was not filed out of time, whether

ANDP Gubernatorial Candidate, Lucky King-George

allegations bordering on wrongful exclusion

by INEC are pre-election or post-election questions or both; locus standi in such pre-election or post-election matters; courts with jurisdiction; proper orders to make; time for commencement of such actions; controversy surrounding questions as to which date is legally cognisable as the date of declaration of the results of the 2019 Bayelsa gubernatorial elections, the fate of a Governor whose election is so nullified, pending appeal; chances of success on appeal, in view of the constitutional questions thrown up and the split-nature of the Tribunal's verdict; the fate or place of Mr. David Lyon, nullified candidate of the All Progressives Congress (APC), especially in the event of a re-run election becoming inevitable; powers of INEC acting without a court order to disqualify, exclude or to reject (on grounds of non-qualification) candidates of any political party whose names were submitted before the deadline for submission of names; among many other issues.

Wrongful Exclusion of a political party’s candidate by INEC as a pre-election matter: Wrongful exclusion of a political party’s candidate is a pre-election matter by virtue of section 285(14)(b) and (c) of the 1999 Constitution of the Federal Republic of Nigeria (CRFN).

Court with jurisdiction in a Pre-election matter bordering on alleged unlawful exclusion by INEC: Generally, pre-election matters fall outside the jurisdiction of Election Tribunals. See Duokpolagha v George (1992) 4 NMLR (Pt 236) 444.

By virtue of the provisions of Section 31(5) of the Electoral Act, it is either a State High Court or the Federal High Court that has jurisdiction - Amaechi v INEC (2008) 5 NWLR (Pt 1080) 227 at 296; and Wambai v Donatus (2014) 14 NWLR

(Pt 1427) 223.

Locus Standi in a pre-election matter bordering on alleged unlawful exclusion

by INEC: In cases of wrongful exclusion

by INEC as a pre-election matter, it is either the candidate allegedly excluded/ disqualified by INEC or his/her political party that has the locus standi to file the suit. See Section 285(14)(b) and (c) CFRN, 1999 (supra).

Time within which to file a pre-election matter bordering on alleged unlawful exclusion by INEC: A pre-election case in a High Court challenging alleged wrongful exclusion by INEC, must be filed not later than 14 days from the date of the occurrence of the event, decision or action complained of in the suit - Section 285(9) CFRN 1999.

The date of such occurrence could be the date the INEC wrote the political party, notifying it of INEC’s rejection, exclusion or disqualification of the political party’s candidate, or the date INEC published a notice excluding the candidate from the list of qualified candidates for the election.

Wrongful exclusion of a political party’s candidate by INEC as a postelection matter: As a post-election matter, such rejection/disqualification/exclusion

by INEC is covered by Section 138(1)(d) of the Electoral Act, 2010 which provides that “an election may be questioned on any of the following grounds, that is to say that the Petitioner or its candidate was validly nominated, but was unlawfully excluded from the election” by INEC. Which is the legally cognisable date of declaration of the results of the 2019 Bayelsa state Governorship election?: Major news report on 13 February 2020 had it that “The Supreme Court on Thursday

sacked David Lyon of the All Progressive Congress (APC) as governor-elect of Bayelsa State, barely 24 hours to his inauguration.

Following the directive of the Supreme Court, INEC had on 14 February 2020, declared Duoye Diri of the People`s Democratic Part (PDP) winner of the election, and had issued the certificate of return to him.

From the aforesaid, it appears obvious that the relevant and valid date of declaration of the results of the governorship election in Bayelsa State, is 14 February, 2020, when INEC declared PDP’s Douye Diri the Governor-elect, as well as issued him the Certificate of Return. On 13 February 2020, the Supreme Court had nullified the 17 November, 2019 declaration of results and David Lyon as winner, and ordered INEC to make a fresh declaration of results/winner excluding APC whose candidate was nullified for being not qualified. On 14 February, INEC made a fresh result declaration, declaring Duoye Diri winner of the November 16, 2019 Election and issuing him the certificate of return. In the case of Ladoja v INEC (2007) LPELR-1738(SC), the Supreme Court said that: “when an act is declared null and void, the position is settled that from the angle of the law, the act never took place. It is completely wiped off and considered as extinct and deemed never to have existed”. 14 February, 2020 is the lawful and relevant date of declaration of results of the 2019 Bayelsa Governorship Elections.

Could ANDP have filed the Petition before the legally cognisable date of declaration of results of the election?: Since there was an earlier date of declaration of results, the ANDP could have filed the petition within 21 days from the17 November, 2019 date.

But, even if the party or its candidate had filed a petition based on the earlier date of declaration of results, they must, upon the happening of the events of 14 February, 2020, have withdrawn the petition, and, in line with Section 285(5) of the CFRN, and filed a new petition within 21 days after 14 February, 2020, since the earlier result declaration date (18 November 2019) had been set aside and therefore, become void, and non-existent.

Since Senator Douye Diri was/is the duly elected Governor of Bayelsa State, pursuant to the result declaration date of 14 February, 2020, any election petition challenging his election, in order to be valid, must join him as a Respondent, he being a necessary Respondent to the petition. And, if he was a necessary Respondent, how could anyone expect the ANDP or its candidate to have filed the petition before the 14 February, 2020 which was the date Senator Duoye Diri was declared winner of the election?

Lex non cogit ad impossibilia is a fundamental fundamental principle of statutory interpretation (meaning “the law does not command the doing of what’s impossible”).

See the case of Lasun v Awoyemi (2009) 16 NWLR (pt. 1168) 548.

The fate of Governor Douye Diri, pending the final conclusion of the legal battle over the election: By virtue of Section 143(1) Electoral Act, Senator Diri shall remain in office pending the determination of the appeal.

What if Governor Diri loses at the Supreme Court?: If the Supreme Court reverses the decision of the Election Tribunal, it means Senator Duoye Diri remains in cont'd on page 7

25.08.2020

6/

A Critical Appraisal of the Global Standing Instruction Introduction

O

Potential Impediments

n 1 August, 2020, the Global Standing Instruction (GSI) became operative. Conceived and initiated by the Central Bank of Nigeria (CBN) and the Bankers’ Committee, the policy authorises creditor banks to debit loan and accrued interest due from bank accounts of loan defaulters, across Nigeria’s banking system. According to CBN, the GSI initiative is aimed at facilitating an improved credit repayment culture, reducing non-performing loans in Nigeria’s banking system and watch-listing consistent loan defaulters.

Scope of the GSI Policy The GSI policy has a somewhat retrospective effect considering that it applies to loans granted from 28 August, 2019.

The policy is limited to individuals, and does not apply to companies. However, it should be borne in mind that the credit risk protection clause initiated by the CBN and Bankers’ Committee on 26 August, 2019 is still operative, and applies to corporates. The clause permits banks, upon default in loan repayment, to request CBN to utilise the debtor’s deposits in other banks in repayment of the loan.

It is mandatory for banks to include the clause, in all loan documentation.

According to CBN’s Guidelines released on 13 July, 2020, the GSI policy is “for implementation by all banks and other financial institutions”. The GSI mandate may be used by these institutions to recover only due principal amount of the loan, and accrued interests. It cannot be used to recover any additional charges or penal rate, for default.

The Guidelines have highlighted the bank accounts which the GSI policy may be applied as: individual savings accounts, individual current accounts, individual domiciliary accounts, investment/deposit accounts (Naira and foreign currency) and electronic wallets. Curiously, the guidelines also state that the policy will apply to joint accounts. This point is examined in detail, below.

Stakeholders, Responsibilities, Violations and Sanctions “GSI stakeholders” are the borrower, creditor bank, Participating Financial Institutions (PFIs), Nigeria Inter-Bank Settlement System (NIBSS) and the CBN. These stakeholders are saddled with differing vital responsibilities, in the GSI ecosystem. For instance, a borrower is required to execute the GSI mandate either in hard copy or digital form. The borrower is also required to understand the terms and conditions of the mandate, before execution.

The borrower must ensure that all qualifying accounts are linked to his bank verification number (BVN). Where a borrower’s account which is not linked to his BVN is identified, the account will be watch-listed.

On its part, a creditor bank is required to, among other things, (i) include the GSI mandate in loan processes, and properly educate borrowers about the mandate and its implications, (ii) retain copies of executed GSI mandates and provide them when required, (iii) validate GSI mandate instruments before disbursing loans, (iv) indemnify the NIBSS and PFIs against liabilities arising from inappropriate use of the GSI, (v) exclude penal charges from the GSI trigger amount, etc.

PFIs are, among other things, required to (i) execute the GSI mandate agreement with NIBSS, (ii) ensure proper maintenance of qualifying accounts and visibility to NIBSS on the Industry Customer Accounts Database (ICAD), (iii) ensure that accounts in NIBSS’ ICAD are correctly tagged with BVN, (iv) honour all balance enquiry, debit advice and GSI recall instructions from NIBSS for GSI trigger, etc.

The NIBSS and the CBN, are also saddled with a number of responsibilities.

Certain abuse or misuse of the GSI, may attract sanctions.

These include: (i) a creditor bank activating a GSI mandate in error, (ii) a creditor bank including penal charges in the GSI trigger amount, (iii) a PFI incorrectly placing a CBN approved restriction on an account in order to shield it from the GSI trigger, (iv) a PFI failing to grant the GSI permission to debit an eligible account, etc.

Enforceability The enforceability of the GSI may be hinged on the ground of banker/customer contractual relationship, and/or on

Joint Accounts Eligible accounts under the GSI initiative include joint accounts. This may not be objectionable, if the intention is to extend the GSI to joint accounts in which all signatories are borrowers in the same GSI transaction. On the other hand, there is no legal basis for using the GSI to claw deposits in joint accounts, where one or more signatories are not borrowers. A PFI which authorises such GSI transaction, may be liable in damages to the third party.

Given the nature of joint accounts, interfering with them will require the authorisation of all signatories. In Diamond Bank Ltd v Ugochukwu [2007] All FWLR (Part 384) 290 at 305G-H, the Court stated that (in relation to joint accounts): a bank would be correct to mark a cheque “incomplete mandate” where two signatories are required before the cheque is honoured and only one signs.

In Ndoma-Egba v A.C.B. Plc (2005) 7 SC (Pt 111) 27 at 51, the Supreme Court held that where persons jointly executed a mandate form for a joint account, the bank owed each of the account holders a duty not to allow either of them to draw funds from the joint account, without the concurrence of the other.

CBN Governor, Godwin Emefiele

assignment of debt.

In a banker/customer contractual relationship, a banker has an obligation not to pay out money in the customer’s account, except to the customer’s order or by his instructions: FBN Ltd v African Petroleum Ltd (1996) 4 NWLR (Pt. 443) 438 at 444H, 445E. Viewed from this perspective, a GSI mandate executed by a borrower and his creditor bank suffices as an instruction to PFIs with the borrower’s accounts, to make payment to the creditor bank.

Alternatively, the GSI policy may be viewed from the prism of assignment. Monies deposited by a borrower in PFIs constitute a loan from the borrower to the PFIs, which creates a debtor/creditor relationship: UBN Plc v Ifeoluwa (Nigeria) Ltd [2007] 7 NWLR (Pt 1032) 71 at 83C-D. The executed GSI mandate constitutes an assignment by the borrower (to the creditor bank), of debt owed to him by PFIs. Instructively, the GSI is to apply to loans granted since 28 August, 2019. The Guidelines for implementation of the policy were released on 13 July, 2020. It is unclear if creditor banks had ensured that borrowers executed GSI mandate instruments prior to 13 July, 2020. Any non-execution of such GSI mandates, would render the GSI unenforceable against such borrowers. One way of taking care of this concern, may be for creditor banks to rely on credit risk protection clauses in their loan documentations. The clause is functionally similar to the GSI.

“......THERE IS NO LEGAL BASIS FOR USING THE GSI TO CLAW DEPOSITS IN JOINT ACCOUNTS, WHERE ONE OR MORE SIGNATORIES ARE NOT BORROWERS. A PFI WHICH AUTHORISES SUCH GSI TRANSACTION, MAY BE LIABLE IN DAMAGES TO THE THIRD PARTY”

Accounts not in Borrower’s own right The GSI policy may not be applied to deposits in accounts which a borrower does not hold in his own right. An example is an account held by the borrower as a trustee: Hancork v Smith (1889) 41 Ch 456. Another example is, an account in a business name. A creditor bank’s right to claw deposits in PFIs, is analogous to a banker’s right to set-off. The settled position of the law in relation to a banker’s right to set-off is that in the absence of an express agreement, such accounts are to be kept separate: Asman Mechanical Ltd v Spring Bank Ltd [2012] All FWLR (Pt 613) 1824; Adejuwon v Co-op Bank Ltd [1992] 3 NWLR (Pt 228) 251.

Accounts subject to Security Interests The GSI mandate may not be triggered in relation to a borrower’s account which is subject to a security interest.

The GSI merely grants a creditor bank a contractual right.

Where a borrower had created and perfected a security interest over his bank account with a PFI pursuant to the Secured Transactions in Moveable Assets Act 2017 (STMAA), this will trump the GSI: Sections 3(2) and 24(2) STMAA. It is also worth highlighting that, where deposits in bank accounts are traceable proceeds of the sale of a moveable asset which was subject to a perfected security interest, the security interest continues to such deposits: Section 7(1) STMAA. Bankruptcy Proceedings When a receiving order is made, creditors are restrained from exercising any remedy against the person or property of the debtor, save with leave of court. Creditors are also barred from commencing any action or legal proceedings: Section 10(1) Bankruptcy Act, 1979. Secured creditors are exempted from the foregoing. A creditor bank in the GSI arrangement is an unsecured creditor, and would be prevented from taking action on a GSI mandate. Further, an officeholder may explore challenging GSI transactions undertaken within three months prior to the commencement of bankruptcy proceedings, as constituting fraudulent preference: Section 46 of Bankruptcy Act. Banker’s Right to Set-off In the absence of an express agreement to the contrary, a banker is entitled to combine accounts of a customer where the customer has multiple accounts with the banker. The banker may use monies paid into one account, to cover missed payments on other accounts: National Westminster Bank Ltd v Halesowen Presswork & Assemblies Ltd [1972] AC 785 at 819F. A banker may use money paid into one current account, to cover missed payments on other accounts: FBN Ltd v Osunsedo [1997] 11 NWLR (Pt 527) 132 at 142F-G. This right will have priority over a GSI mandate. It would be imprudent for a PFI to handover such deposits to a creditor bank, when the borrower’s debt to the PFI is due and unpaid. Although Fidelity Bank Plc v Okwuowulu (2012) LPELR-8497 relates to garnishee proceedings, it is authority for the proposition that a banker’s set-off right would trump third party interests.

25.08.2020

NEWS/7

NBA President-Elect Akpata Hosts Elected Officers to a Two-Day Retreat The incoming President of the Nigerian Bar Association (NBA), Mr. Olumide Akpata, has concluded plans to host all the newly elected QDWLRQDO RIĂ€FHUV RI WKH $Vsociation to a work retreat this weekend ahead of their inauguration scheduled for 29 August, 2020.

The President-elect who made this announcement while speaking with a select media audience, disclosed that the essence of a retreat which was to take place at an undisclosed location in Lagos State from Friday, 21 August 2020 – Sunday, 22 August, 2020, is to enable the LQFRPLQJ QDWLRQDO RIÀFHUV brainstorm on immediate steps that need to be taken in the interest of the Bar and the society, upon assumption RI RIÀFH ´, ZDQW P\ WHDP DQG , WR KLW WKH JURXQG

UXQQLQJ LPPHGLDWHO\ DQG , don’t believe that we should start planning and having the critical conversations only after we are inauguUDWHG 6R , WKRXJKW WKDW WKH best way forward would be to sponsor a two-day work retreat for the team to agree on our approach, and discuss immediate next steps�, Mr. Akpata said.

He restated that as an incoming Executive Committee, they are conscious of the magnitude of work facing them and he called for the continuing support and understanding of Nigerian Lawyers and the general populace, as they prepare to begin the journey towards Securing the Future through a United Bar that Works for All. ´$PRQJVW RWKHU OHDGership, structural and

Incoming NBA President, Mr. Olumide Akpata

operational issues that we will be dealing with at the retreat, we will develop our 2020 to 2022 Action Plan with delivery

timelines, by combining the ideas that each of the RIĂ€FHUV SURPLVHG 1LJHULDQ Lawyers in their respective manifestos, so as to have a

plan that is implementable and acceptable to all. We will also be considering and incorporating some of the wonderful ideas and plans

that Dr Babatunde Ajibade, SAN and Deacon Dele Adesina, SAN clearly enunciDWHG LQ WKHLU PDQLIHVWRV , consider that very important, as a means to ensuring that the Bar does not lose the EHQHĂ€WV RI WKHLU LGHDVÂľ Akpata concluded.

This is coming on the heels of the outcome of the NBA Board of Trustees' consideration of the petition submitted by Deacon Dele Adesina, SAN, challenging the just concluded election. ,Q D OHWWHU GDWHG $XJXVW 2020, and signed the Chairman of the Board of Trustees, Dr Olisa Agbakoba, SAN, the Board of Trustees refused to cancel the election as petitioned, and instead, called on all Lawyer especially the candidates, to work together to promote a cohesive, united and strong Bar.

AFBA President Slams Mali Coupists The President of the African Bar Association has condemned in strong terms, the military intervention in the Republic of Mali, saying ´:H KHUHE\ XQHTXLYRFDOO\ reject the Coup de tat in Mali, West Africa, and ask the Military usurpers to be reasonable or face international sanctions.

cont'd from page 5

´$IED ZDUQV WKDW WKH illegal takeover of Government is no longer a fashion in Africa, and that the irresponsible exploits of the Malian Military will only end up in misery and criminal convictions for those involved. Afba notes that resignation at gun point is illegal and

shameful, and of no legal effect. Afba warns that it will stand by the legal order of the Malian Republic.� ,Q D VLPLODU YHLQ $IED applauded the decision of Leaders of the Economic Community of West African States (ECOWAS), to suspend and place Economic blockade on Mali.

Uwaifo said the decision of UHQHJDGH 0LOLWDU\ 2IĂ€FHUV to seize control of political power in total violation of the Constitution of Mali and the various Protocols of ECOWAS and the African Union, is a treasonable crime that must not only be condemned by all Democratic forces across

the Globe, but must be fully resisted and those involved, swiftly brought to account for their crimes.

The African Bar Association urged ECOWAS leaders to go further, by declaring the Military adventurers, Criminals, and use every lawful means to restore Constitutional democracy

to Mali.

The African Bar Association is making every effort to ensure that no country in the world accords the illegal Government of Mali any recognition, warning that the Association will campaign for criminal proceedings against the Usurpers.

THE BAYELSA GOVERNORSHIP ELECTION CONUNDRUM

office as the Governor of Bayelsa State until the expiration of a period of four years from 14 February, 2020. See Section 180(2) (a) CRFN. However, if he loses at the Supreme Court, the next step would be for Governor Duoye Diri to vacate the office for the Hon. Speaker of the Bayelsa State House of Assembly, who shall hold the office as the Acting Governor while the INEC must conduct a fresh election within 90 days from the date of the Supreme Court decision. If Governor Duoye Diri still wins the rerun election, his new tenure shall take effect from the date of his fresh swearing in (see Section 180(2) (a) CRFN, 1999 Consequently, if he wins the re-run and gets sworn in afresh, he shall spend a fresh period of four years less the period he had previously spent in office before the nullification of his earlier election.

David Lyon’s place in a possible re-run election: If a rerun Governorship election becomes inevitable for Bayelsa State, the position of extant law is that David Lyon, the erstwhile candidate of the APC, having been disqualified alongside his deputy and barred from participation in the 2019 Governorship election of Bayelsa State by the Supreme Court decision of 13 February, 2020, he is not entitled to participate in any re-run election in relation to the same 2019 election. Only candidates and political parties who were qualified and entitled to participate in the November

16, 2019 Governorship election in Bayelsa State, would be legally permitted to participate in any such re-run elections.

Sylvester Udemezue

Bayelsa Tribunal Judgement and the Fate of APC David Tobi Oyesowo

Many activities prelude the conduct of elections. These activities are varied in dimension, as they range from declaration of interest by eligible candidates under a preferred political party, to the struggles that permeate the primary elections, and finally, to the great battle of the titans that will eventually crown the winning candidate, which is the main election.

The Supreme Court Judgement These activities are not without their dramas and intricacies. One of the intricacies, is the avoidable occurrence that shook the whole country with the Supreme Court judgement in the Bayelsa Election, on the eve of the swearing in of Mr. Lyon. This judgement, no doubt, shook the country with wild applause and condemnation from different opinion givers.

The judgement, not only shook the country, it redefined the political landscape in the oil rich State, as it ushered in “a new order�, other than what the electorate bargained for.

Be that as it is may, that is gone.

The Election PetitionTribunal’s Judgement However, on 17th August, 2020, the Tribunal sitting in Abuja handed down her judgement, nullified the election of Mr. Diri, and ordered that a fresh election should be conducted within 90 days. The tribunal predicated her judgement on the ground that, the ANDP Logo was omitted from the ballot in the November 16 election.

The position of the law is clear concerning the grounds for an election to be nullified, as contained in Section 138 of the Electoral Act. One of the salient grounds is that the petitioner must have been unlawfully excluded from the election. A ground which the ANDP prayed for, and was upheld by the Tribunal. See Section 285(2) of the 1999 CFRN. Interestingly, this judgement has revived the hope of party faithfuls, on the likely comeback of the candidate of the All Progressives Congress (APC), who was the initial winner before tragedy struck.

It is imperative to state that, the judgement handed down yesterday by the tribunal is subject to an appeal up to the Supreme Court by the affected parties, and without prejudice to the right of the affected party, I wish them well.

Does the APC Stand a Chance?

However, assuming without conceding that the Supreme Court upholds the judgement of the Tribunal and holds that “fresh� election should be conducted within

90 days, the question is, “Does APC stand a chance?�

This has made me to look for the meaning of the word “FRESH� in the Law Dictionary which means “a course just starting�.

It is imperative to also bear in mind that according to the INEC Guidelines and Electoral Act particularly Section 33, political parties can only make replacement of their candidates within a period of 30days, which has since lapsed. This above position will be the arguments and opinion of some persons, with regard to the judgement, and by this position, the APC has been shut out.

However, the jurisprudence of law is to enable Lawyers to think outside the box, and in this case, I will appraise the meaning of the word “fresh�.

In the legal parlance, it means DE NOVO, which means starting fresh, or over again. In BABATUNDE v PAN ATLANTIC SHIPPING AND TRANSPORT AGENCIES LTD & ORS (2007) LPELR – 698-SC, the Supreme Court holds “De Novo� as ‘New’, “a fresh beginning� “a start�.

Per Muhammed JSC - he stated that the consequence of a De Novo, is as if nothing had “existed�.

Similarly in OBINWENBI v CBN (2011) LPELR -2185 (SC) PER RHODES VIVOUR JSC held that fresh is to start DE NOVO, or to start all over again.

In other words, where fresh election is ordered as in this instance, it is assumed that the earlier elections and proceedings will be jettisoned,

“....WHERE THE ORDERS CONTAINED IN THE JUDGEMENT DO NOT EXPRESSLY STATE THAT THE APC AND ITS CANDIDATE SHOULD BE EXEMPTED, THERE IS NOTHING STOPPING INEC FROM ALLOWING APC TO PARTICIPATE IN THE ELECTION�

and a new course of event will be allowed to flow. If this position is upheld, with the conduct of fresh election, it will open the gate for APC and its candidates to participate in the election.

It is necessary to state as well that, court orders must be express to avoid imputations from litigants; where the orders contained in the judgement do not expressly state that the APC and its candidate should be exempted, there is nothing stopping INEC from allowing APC to participate in the elections, more so that the Supreme Court judgement that sacked Mr. David Lyon, was based on a pre-election matter.

David Tobi Oyesowo, Associate, P.A.O. Olorunnisola SAN & Co.

8/

25.08.2020

Rape, Rapists and False Rape Peddlers (Part 1) Introduction

The United Kingdom Metropolitan Police adopts a more graphic, if obscene, definition of rape: “Rape is when a person intentionally penetrates another's vagina, anus or mouth with a penis, without the other person's consent”.

Rape, in simple parlance, can be said to occur when sexual intercourse is not consensual, or when sex occurs as a result of a person forcing another person against his or her will. In IDI v STATE, rape was defined thus: “Rape, in legal parlance, means a forcible sexual intercourse with a girl or woman without her giving consent to it.”

T

here appears to have been a surge in incidents of rape in Nigeria, in recent weeks. The tales have been gory and grisly. The victims: Women of all ages! The girl child in Nigeria, is perpetually at risk of invasion by sexual predators. She is a victim of close family members, friends and associates of her parents. The society appears to be in cahoots, with these bloodsucking predators.

Victims of rape are made to suffer unquantifiable anguish.

Some suffer from post-traumatic stress disorder, all their lives. For some - dissociation from reality, depersonalisation, enduring of physical violence, avoiding social life - become their life. Some even get infected with sexually transmitted and infectious diseases. Some encounter serious difficulty in remembering events. Some perpetually relive moments of sexual assaults and unwanted pregnancies. Some suffer from Stockholm syndrome.

Activism and advocacy against rape has gained traction in recent times, because of its resurgence in the advent of rampaging Covid- 19 pandemic.

Let us see the other side of this ugly coin, because a onesided coin is a bad tender. Some alleged victims are actually not victims, but predators themselves. They prey on innocent persons, especially celebrities, super stars, VIPs, society men of nobility and distinction, and famous, wealthy people.

I stand stoutly against rape. We must kill the scourge. But, I am equally against fake rape peddlers who use it as an instrument of vendetta, or to make money from innocent people through cheap blackmail.

Late Miss. Uwaila Omozuwa

Some Examples

The Guardian reports that Vera Uwaila Omozuwa, a 22-year-old Microbiology student, sought the quiet of her empty church in Benin City, as a place to study. Hours later, she was brutally raped and murdered, in a crime that has since sparked outrage across Nigeria.

On 27th May, 2020, a church security guard found Uwa, unconscious in a pool of blood. She was rushed to hospital, where she died subsequently.

The rape and murder of Uwa in a church generated anger, condemnation and protestations from a large spectrum of Nigerians. Amnesty International condemned the brutal rape and murder of Uwa with the following hashtag: “Rising cases of rape across Nigeria, is a result of the failure of law enforcement to ensure that rapists face justice. We are deeply concerned that perpetrators of rape in Nigeria, invariably, escape punishment. #JusticeForUwa #RapeIsACrime".

On 31st May, 2020, the Jigawa Police Command revealed the arrest of eleven men in Dutse, for raping a 12 year old, Farshina Ibrahim. A 12 year old?!! Eleven men?

Apocalypse! Armageddon!!

One of them was allegedly caught in an uncompleted building, after luring the girl into the illicit act. One 57 year old, Alhaji Zuwai of Ma’ai village, in Dutse, was seen at Limawa market luring the 12 year old Farshina Ibrahim, of the same address, with intent to rape her.

During interrogation by the Police, the poor girl opened up and mentioned eleven persons who forcibly and severally had intercourse with her against her will, on different occasions. The suspects allegedly made confessional statements, that equally indicted them.

Only few weeks ago, Premium Times reported that a student, identified as Grace Oshiagwu, was reportedly raped and killed in Ibadan, the third in the State in two weeks. The 21 year old, was a National Diploma student of the Oke-Ogun Polytechnic, Saki. The incident was confirmed, by residents of the area. The Police only confirmed her murder.

One Baraka Bello, a student of the Department of Science Laboratory Technology (SLT), Federal College of Animal Health and Production, Moor Plantation, Ibadan, was also allegedly raped and killed on June 1.

These few examples of the gruesome rape and murder of women and the girl child do not even scratch the surface, with respect to the rape pandemic in Nigeria.

In spite of the outrage against rape in Nigeria, rapists remain undeterred. Rape, defilement, and sexual harassment crimes keep rising.

The case of the girl child, is most heart-rending. Which demons will inhabit a man to rape an innocent vulnerable child of between 1 and 5 years, or any woman for that matter? To me, such is sheer insanity. Such people must be plucked away from decent society, through legal and lawful means.

Who is a Girl-Child?

A ‘girl-child’ as defined by Merriam Webster Dictionary is a

‘young female child’. The Child Rights Act defines a child to be any person under the age of 18. Though human rights are universal (civil, political, economic, social and cultural rights) and belong to all human beings (including children and young people), the girl-child is particularly vulnerable to certain human rights violations, especially rape. Children and youth are expected to enjoy certain human rights, specifically linked to their status as minors that need special care and protection. Such human rights of the girl-child are explicitly spelt out in the Convention on the Rights of the Child (the most widely ratified human rights treaty in history), African Children’s Charter, Nigeria’s Child Rights Act, 2003; etc.

The Law on Rape and Sexual Violence in Nigeria In discussing the law on rape and sexual violence, the provisions of four major legislations will be highlighted. These legislations are the Criminal Code Act, The Violence Against Persons Prohibition Act, 2015, The Penal Code Act, and The Child’s Right Act, 2003.

But, first, what is rape?

What is Rape?

Wikipedia defines Rape as a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person, without that person's consent.

The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability or is below the legal age of consent.

Occasionally, rape is used interchangeably with sexual assault.

The Encyclopedia Britannica defines rape as an act of sexual intercourse with an individual without his or her consent, through force or the threat of force.

“WHICH DEMONS WILL INHABIT A MAN TO RAPE AN INNOCENT VULNERABLE CHILD OF BETWEEN 1 AND 5 YEARS, OR ANY WOMAN FOR THAT MATTER? TO ME, SUCH IS SHEER INSANITY”

Origin and Classification of Rape ‘Rape’ as a concept originated from the latin, ‘Rapere’ (supine stem raptum), “to snatch, to grab, to carry off”. It means “to seize and take away by force”. It could be sexual violation, “rape and pillage”. In 2012, the Federal Bureau of Investigation (FBI) changed its definition from mere “carnal knowledge of a female forcibly and against her will”, to “the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by sex organ of another person, without the consent of the victim”.

It has thus, become recognised that rape with an object can be as traumatic as penile of vagina rape. The most important ingredient of rape, is CONSENT. A victim may be unable to give consent either because he/she is asleep, is physically helpless, mentally incapacitated, inebriated by alcohol, drugs, or other noxious substances, and thus, unable to give consent.

It could be by verbal assault, intimidation, duress, threats of force, violence, or misuse and abuse of authority.

Majority of rapes are committed by persons known to the victim as an acquaintance, friend, dating partner, or family member.

Such may not involve weapons or physical force. It could be between persons of the same, or opposite sex. Other rapes may be committed by predators who simply pounce on a victim in the bush, dark alleys, lonely streets, deserted places, etc.

Global Statistics of Rape Legislation alone, cannot abolish rape. It is a serious societal scourge. Countries must look inward, at the systemic and systematic dysfunctioning of their cultures, customs, traditions, beliefs, religions and social norms that have combined to increase sexual violence, rape and attendant cold-blooded murders.

South Africa is said to have the highest rate of rape in the world - 132.4 incidents per 100,000 people. The United States has a rape ratio of 27.3, coming 14th on the global rape index.

The 13 other countries ranking before the USA are South Africa (133.40); Botswana (92.90); Lesotho (82.70); Swaziland (77.50); Bermuda (67.30); Sweden (63.50); Suriname (45.20); Costa Rica (36.70); Nicaragua (31.60); Grenada (30.60); St Kitts and Nevis (28.60); Australia (26.60), and Belgium (27.90). Egypt has 0.10.

The least country in the world is Liechtenstein (0.00). Nigeria is rated 0.5 (cases per 100,000 persons); actually one of the lowest in the world. This is despite the fact that, she recorded 717 rape cases in just 5 months (January- May, 2020).

Specific Legislation Against Rape In Nigeria, there are four (4) specific laws that deal with rape: 1. The Criminal Code – this is applicable in all the Southern States; 2. The Penal Code – this is applicable in all the Northern States; 3. The Violence Against Persons Prohibition Act – this is applicable in only the FCT Abuja; 4. The Child Rights Act – this is only applicable in the States which have domesticated it.

The Criminal Code Act Section 357 of the Criminal Code Act defines Rape in the following words: “Any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of harm, or by means of false and fraudulent representation as to the nature of the act, or, in the case of a married woman, by personating her husband, is guilty of an offence which is called rape”.

From this definition, rape occurs when a man has sexual intercourse with a woman or a girl, without her consent. Rape also occurs whenever a man has sexual intercourse with a woman with her consent, if such consent is obtained by fraud, coercion, force, threats or intimidation. Similarly, rape occurs whenever a man has sexual intercourse with a woman, by impersonating her husband and pretending to be her husband. (To be continued).

THOUGHT FOR THE WEEK Rape, mutilation, abuse, and theft are the natural outcome of a world in which force rules, in which human beings are objects.

(Chris Hedges)

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T H I S D AY Ëž Í°ÍłËœ Í°ÍŽÍ°ÍŽ

ADEOLAAKINREMI Ë

Ă‹ĂŽĂ?Ă™Ă–Ă‹Ă‹Ă•Ă“Ă˜ĂœĂ?×Ó̜ãËÒÙÙ˛Ă?Ă™Ă—Ëœ Ă?Ă—Ă?Ë? ͎͎͜Ͱ͹ʹ͎ͰͳͰͳ

The Church of God Under CAMA: Defensible or Dangerous?

T

he news is downright depressive. Nigeria’s unemployment rate climbed to 27.1% in the second quarter of 2020. Let’s do the math: With a labor force of 80.2 million, that means about 21.7 million Nigerians are out of work. Of course, this statistic is based on survey that may not represent our reality regarding unemployment across the country.

To summarize, hope, wrath, and mystery are part of the ongoing national conversations about the Companies and Allied Matters Act, 2020 (CAMA 2020). The act became law on August 7, after President Muhammadu Buhari assented to it.

The promotion of government vigilance in the affairs of religious organizations with nonprofit status is generating reaction, so also is the positive effect of the law on the business community. The debates worry me, too.

In a direct message to the state, the Bishop of the Living Faith Church, Bishop David Oyedepo said: “The church is God’s heritage on earth. Molest the wife of somebody and you will see the anger of that person. The church is the bride of Christ. You know how a strong man is when you tamper with his wife. The church is the body of Christ. We are under obligation to give warnings to wicked rulers so we could be free from their blood.�

Just for the heck of it, let’s look at the law as it relates to church.

The Companies and Allied Matters Act, 2020 (CAMA 2020) Section 839 (1) empowers the Commission to suspend trustees of an association and appoint interim managers to manage the affairs of the association where it reasonably believes that(a) There is or has been misconduct or mismanagement in the administration of the association; (b) it is necessary or desirable for the purpose of; i. Protecting the property of the association ii. Securing a proper application for the property of the association towards achieving the objects of the association, the purpose of the association of that property or of the property coming to the association, iii. Public interest; or (c) the affairs of the association are being run fraudulently.

Subsection 2 provides as follows: 1. The trustees shall be suspended by an order of Court upon the petition of the Commission or Members consisting of one-fifth of the association, and the petitioners shall present all reasonable evidence or such evidence as requested by the Court in respect of the petition.

Right now, the act is a law. But from the church, there’s exaggerated warning of abomination of desolation standing in the holy place. These warnings about doom is going places hand-in-hand with attacks on the law and calls for movement and resistance.

In a fierce statement, the Christian Association of Nigeria described the section 839 (1) & (2) of CAMA as “satanic.� “How can the government sack the trustee of a church which it contributed no dime to establish?� CAN said. “How can a secular and political minister be the final authority on the affairs and management of another institution which is not political? For example, how can a non-Christian head of government ministry be the one to determine the running of the church? It is an invitation to trouble that the government does not have power to manage.�

For now, the mosque is silent, and the

Buhari traditional worshippers are unconcerned.

It has always been like that with state and religion in Nigeria. The church is never silent.

I understand the skepticism. Our experience with law and prosecution has been a mixed one. In more ways than one, we have seen rape of justice when government is a party. We have seen judges lower the standards to accommodate government excesses and we have seen government go against laid down process of obtaining justice.

In our most recent experience, President Muhammadu Buhari suspended Nigeria's chief justice, Walter Onnoghen, without following due process. Though, allegation of corruption were brought against the chief judge, it was a curious suspension with political coloration a few weeks to national election.

If that can happen, the fear of the church is warranted. In time past, pastors do mind their business of preaching and praying for the people under their care but nowadays pastors are intervening in politics. They are speaking up with holy anger. Some are even hobnobbing with politicians either to be their pastors or push their policies from the altar.

For me, this is where the anger coming from the church lies. I don’t think the church is running from regulation. I think the church is afraid that it can no longer speak the truth through its megaphone. I think the church feels vulnerable. I think the church feels it’s being squeezed. I think the church feels to openly oppose a political party or a leader is now a misadventure because it carries risk of scrutiny. Like the press, I think the church feels section 839 (1) & (2) of CAMA is a gag. I think the right of government to protect lives and properties and guaranteed freedom of speech and religion are on collision because CAMA has undercurrent.

But does religious freedom mean religious people get special rights? No. So what is behind the outrage? I think the church sees governmental assertions of authority

through CAMA as unreasonable intrusions into the life of the church because it is a known fact that due process of law is a big problem in Nigeria. At best, the law serves the interest of the powerful.

Did government cross a line with CAMA? No. I believe the church needs the law.

There’s need to ensure our churches have structure. I think CAMA is in the interest of the church, where there’s due process of law. I think CAMA will change the way churches operate if its implementation is not political. I think CAMA will improve transparency and accountability, if the “reasonable belief� clause is not interpreted wrongly by court. I think CAMA will cause reorganization and revamp of church administration regarding income and expenditure, if pastors know there is a prying eye.

Now, let’s crack on with the content of CAMA. I do not pretend to be a lawyer, but I have spent years as an observer during negotiations of international laws in places like Geneva, Switzerland, where top diplomats and negotiators converge to agree or disagree on sections of international treaties. As always, the concern is the clause.

The section of the law in contention opens with a clause “reasonably believes‌â€? This “reasonable beliefâ€? is the only thing that CAMA needs to destabilize a church. And because the legislation offers no definition of the standard, it is principally attributable to judicial interpretation. For example, misconduct or mismanagement are not defined.

What is reasonable belief in law? We inherited reasonable belief from colonial law. It comes from reasonableness. And reasonableness is “the fact of being based on or using good judgment and therefore being fair and practical,� according to Cambridge dictionary.

The legal thresholds required to lawfully undertake action against any church under CAMA is the reasonable ground to believe a misconduct or mismanagement has happened. Now, reasonable belief is a matter of perception that based its assessment and conclusion on probability given the extent of information available to the prosecutor in the circumstances.

Personally, I believe the law will inspire vigilantism on the part of the church. More than ever, it is time for the church to do things decently and in order as the holy scripture says. It is odd that the church should be afraid of the government.

What is a church to do in this time? I think the church should not stop speaking up against bad leaders. I think those pastors who are publishing books and enjoying money from the sales of it without paying taxes should be ready for CAMA because that is considered a business. I also thin it is time for the church to separate business account from church account. I think the church should prepare itself for scrutiny when it criticizes any leader because CAMA can become another EFCC in the hands of an oppressive government. I now yield to the lawyers.

Personally, I believe the law will inspire vigilantism on the part of the church. More than ever, it is time for the church to do things decently and in order as the holy scripture says. It is odd that the church should be afraid of the government

Side Eects...

Fabulous Fatodu It is not all the time that governors and presidents get it right with appointing first-class people to serve with them. In Lagos State, Lekan Fatodu, my friend, who was once a columnist here at Thisday, when I served as Features Editor, is making the Governor of Lagos State, Babajide Sanwo-Olu, proud of his appointment. Fatodu is a Senior Special Assistant to the governor on Sustainable Development Goals (SGD). Over the weekend, when I spoke with some insiders at Alausa about governance and I asked to know the impact that Fatodu is making, the response was fabulous.

Fatodu always dream of things that are better and think of ways to reach those things. I believe implementing his great plan for Lagos SDG is one of them.

Buhari’s Bad Act Last week, after spending taxpayer ’s money in Dubai, the United Arab Emirates, to treat an undisclosed ailment, the wife of the president, Aisha Buhari, came back to the country with a loud voice. She stepped off the airplane and asked private health care providers in the country to boost their capacity to reduce medical tourism. Curiously, when Ms. Buhari was leaving Nigeria for medical treatment overseas, she left under the cloak of darkness without granting press statement. What an irony?

America’s Democratic Conventions Can Nigeria learn one or two things from the conventions of America’s two major political parties, the Democrats and Republicans? I think there’s so much to learn about organization and speechmaking.

The organization was superb, particularly that of the DNC that held virtually. The guys who spoke at the two conventions appealed to voters with clear speeches and not rambling words. Nigerian politicians should begin to engage the experts to write their speeches and get coached regarding how to speak. Nobody likes to listen to boring words. Election speeches should offer entertainment too.

It matters.

What’s Community Policing?

We have now learnt that the N13 billion approved by President Muhammadu Buhari for the take- off community policing in the country will go into training, sensitization, and purchase of equipment. That sounds good. But what really is community policing? I think the money will become a waste without an idea of what community policing should be. It is not carrying AK47 to get people out of their houses. Community policing is an approach to crime prevention through community outreach and collaboration with residents of community.

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T H I S D AY Ëž Í°Íł, 2020

BUSINESS/MONEYGUIDE

FG to Unveil Policy to Protect Indigenous ICT Investors James Emejo Ă“Ă˜ ĂŒĂ&#x;ÔË The Minister of Communications and Digital Economy, Dr. Isah Pantami has said that a policy document seeking to protect Nigerian investors in the Information Communication Technology (ICT) space was underway.

He said the policy blueprint which was still being drafted would provide for the establishment of a subsidiary agency that will among other things ensure that no technological solution, services or inputs are imported except where the country lacks the expertise or capacity to administer.

He said the proposed legislation would go a long way to protect local investments in ICT especially as the country moves towards digitisation to diversify

the economy.

Addressing journalists at a media briefing to commemorate his one year achievements since assumption of office, the minister also said that the planned privatisation of the Nigerian Communications Satellite Limited (NigComSat) had been suspended, saying efforts were ongoing to rather improve the performance of the satellite company.

Pantami said NigComSat had shown marked improvement in service delivery in recent times, stressing that he was particularly against the privatisation of the agency for the attendant security implications.

He said the agency had been providing support by way of intelligence to security agencies

adding that he would further ensure that the company further improved on service delivery going forward.

The minister said efforts were currently being made to bridge the glaring skills gap within the country through a deliberate broadband policy which seeks to among other things ensure that 90 per cent of Nigerians have access to broadband internet as well cover about 70 per cent of the country’s landmass.

Highlighting some of his achievements since assuming office in August Last year, Pantami said currently broadband penetration has increased to about 40 per cent with about 10 per cent penetration on annual basis compared to two per cent penetration prior to his appointment.

CBN, NNPC Adopt Service Performance Evaluation Model Olawale Ajimotokan Ă“Ă˜ ĂŒĂ&#x;ÔË The Central Bank of Nigeria (CBN) has successfully implemented the Performance Management System (PMS) to boost workers’ productivity and enhance its operations.

The other notable public institutions that have embraced the workers’ appraisal model include the Nigeria National Petroleum Company (NNPC) , the Ministry of Agriculture and Rural Development and Nigerian Communications Satellite Limited (NigComSat).

The Head of Service of the Federation (HoS), Dr Folasade Yemi-Esan disclosed this recently in Abuja, during a workshop

organised by the Chartered Institute of Personnel Management of Nigeria for officers in the Office of the Head of the Civil Service of the Federation.

The new yardstick to measure performance became expedient due to the inherent weakness of the current Annual Performance Evaluation Report (APER), the model presently in use to evaluate civil servants in the country.

The PMS is one of the eight priority areas in the Federal Civil Service Strategy and Implementation Plan (FCSSIP 2017-2020) which is designed to re-engineer the federal public service for increased productivity and quality service delivery. “It is therefore worth stating that the new PMS is based on

the principles of accountability, transparency, equity and ownership. When the new PMS is fully operational, every individual, unit, department and institution in the public service shall be held accountable on a continuous basis to ensure that national development goals are met,� Yemi-Esan said.

She stressed that the PMS would act as a catalyst for the continuous enhancement of performance with regards to national development programmes, as well as serve as a vehicle for the actualisation of national goals.

She also added that the new model would institutionalise performance-based culture that enables recognition and reward of high performance at all levels within the federal public service.

Firm Restates Commitment to Nigeria’s Gold Sub-sector Ibrahim Shuaibu Ă“Ă˜ Ă‹Ă˜Ă™ Ă‹Ă˜ĂŽ Nume Ekeghe Ă“Ă˜ Ă‹Ă‘Ă™Ă?

Organisers of the Gold West Africa Conference have restated their commitment to building an ecosystem for gold business to thrive in Nigeria.

Co-founder and Director of NoemDek Limited, Mr. Kolade Apata, speaking on behalf of the Gold West Africa Conference committee said this at the closing ceremony of Kano Gold Durba organised recently.

Apata, said the overall goal at Gold West Africa is to build an ecosystem for gold to thrive, adding that the vision has been kept alive by all the people and

institutions working behind the scenes to make this a reality.

Apata stressed the need for the government to support the local sector in order to enhance the nation’s economic growth.

He said: “At Gold West Africa, we believe we are here to demonstrate that Africa has always been a pioneer in the fusion of art, culture and fashion. And you have all helped us achieve this dream with your lovely pieces.

Apata said “For us, the most important piece of building the gold value chain is establishing commerce. Nothing can be achieved without this critical piece.� He added: “For several decades, everyone has looked

towards Kano for leadership.

We intend to showcase what we have achieved here with the rest of the world. “It is no secret that the art, jewelry and other items we have all seen within this new marketplace are beautiful. I would love to thank all our goldsmiths, jewelers, dealers and artisans that have been a part of the process of creating these gems.�

Apata, also announced that Senator Daisy Danjuma has agreed to become a Patron for developing the gold value chain especially for supporting artisans, the celebration of culture, the gold jewelry industry and the role of women in the industry.

SAF Launches Initiative for Affordable Power Sterling Alternative Finance (SAF), the non-interest banking division of Sterling Bank Plc has announced the launch of Altpower - a clean and affordable energy solution for homes and businesses across the country.

The energy solution will provide consumers with flexible and pocket-friendly options. It comes with a financing option that eliminates the high entry cost barrier hindering the uptake of alternative energy solutions for most Nigerian homes and

businesses.

Head of Digital Business, Sterling Alternative Finance, Mohammed Yinusa, who disclosed this in a statement in Lagos, said Altpower was designed to provide accessible alternative (solar/renewable) power solutions to homes, businesses and public institutions in the country through monthly or instalment-payment plan.

According to him “Altpower offers a more reliable and affordable energy source to underserved homes and businesses as well as

those living and doing business in communities that do not have any access to electricity. It is a reliable, accessible and affordable solution that is scalable to meet every customer’s desired energy needs.�

Listing available options, he urged individuals and businesses that need reliable and affordable power solutions to visit Altpower.ng to start enjoying uninterrupted power supply through buy outright, lease to own or Power as a service (Paas) subscription.

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

SEPTEMBER 2019 Money Supply (M3)

35,029,779.72

-- CBN Bills Held by Money Holding Sectors

7,374,356.91

Money Supply (M2)

27,655,422.82

-- Quasi Money

116,533,891.21

-- Narrow Money (M1)

11,121,531.60

---- Currency Outside Banks

1,625,047.69

---- Demand Deposits

9,496,483.91

Net Foreign Assets (NFA)

13,911,335.83

Net Domestic Assets(NDA)

21,118,443.89

-- Net Domestic Credit (NDC)

35,918,179.45

---- Credit to Government (Net)

10,452,199.38

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

11,007,422.79

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

25,465,980.07

---- Credit to Private Sector (CPS)

-14,799,735.56

--Other Assets Net

7,000,253.07

Reserve Money (Base Money

2,005,600.83

--Currency in Circulation

4,677,530.81

--Banks Reserves

317,121.43

Ëž Ă™Ă&#x;ĂœĂ?Ă? Ě‹

Money Market Indicators (in Percentage) Month

March 2018

Inter-Bank Call Rate

15.16

Minimum Rediscount Rate (MRR) Monetary Policy Rate (MPR)

14.00

Treasury Bill Rate

11.84

Savings Deposit Rate

4.07

1 Month Deposit Rate

8.82

3 Months Deposit Rate

9.72

6 Months Deposit Rate

10.93

12 Months Deposit Rate

10.21

Prime Lending rate

17.35

Maximum Lending Rate

31.55

Ëž Ă™Ă˜Ă?ĂžĂ‹ĂœĂŁ ÙÖÓĂ?ĂŁ Ă‹ĂžĂ? Ě‹ ͯ͹Ϲ

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

Vienna, Austria, 24 August 2020--The price of OPEC basket of thirteen crudes stood at $44.92 a barrel on Friday, compared with $45.05 the previous day, according to OPEC Secretariat calculations.

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

SOURCE: OPEC headquarters, Vienna

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Daar Communications Reduces Losses by 36% to N1.4 Billion Goddy Egene and Ndubuisi Francis in Abuja Daar Communications Plc has recorded a growth in gross earnings and reduction in losses for the year ended December 31, 2019, thereby raising investors’ hopes for returns on their investments.

Addressing the shareholders at the 12th annual general meeting (AGM) held virtually in Abuja, yesterday, Chairman

of Daar Communications Plc, Chief Raymond Dokpesi Jnr. said gross earnings of N5.15 billion was recorded in 2019, showing an increase of 11 per cent from N4.64 billion posted in 2018.

According to him, the company recorded a loss after taxation of N1.37 billion during the year under review, compared to N2.17 billion recorded in 2018, representing a decrease of 36 per cent.

P R I C E S MAIN BOARD

F O R DEALS

Dokpesi Jnr. apologised to shareholders for the inability to return the company to profitability as promised last year, blaming the cause on the impact of the harsh economic condition that attended the Nigerian Economy last year and the impact of the global COVID-19 Pandemic which ravaged the world from the last quarter of 2019 till date with its negative impact on businesses.

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

QUANTITY TRADED

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He, however, reassured shareholders of a brighter future going forward, saying mechanisms are in place to actualise the return to profitability project. “Our most valued shareholders, I want to reassure you that the board of your company will not be deterred by the harsh economic reality in the country. During the year, the board of your company reviewed the earlier

T R A D E D MAIN BOARD

A S

approved restructuring plan of the company in line with the current realities in the global broadcast system environment and a new strategy of blueprint was fashioned out of it for implementation. The implementation of the strategy which is in progress has been tailored towards repositioning the company to operate as autonomous business segment taking into consideration the current development in the new

O F

media and with new income streams so as to operate and profitably, “ Dokpesi said.

Also, addressing the shareholders on the company’s future plans, Group Managing Director of Daar Communications Plc, Mr. Tony Akiotu, said the company would continue to close the loss gap to return the group to full profitability through the strict implementation of the planned re-engineering agenda.

2 1 / 0 8 / 2 0 2 0 DEALS

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N)

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TUESDAY AUGUST 25, 2020 •T H I S D AY

TUESDAY AUGUST 25, 2020 • T H I S D AY

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TUESDAY AUGUST 25, 2020 ˾ T H I S D AY

24 HOURS...

24 HOURS...

20 WAEC Candidates Test Positive to COVID-19 in Bayelsa PDP offers automatic ticket to Dickson on by-election Onungwe One in Yenagoa Twenty students currently writing the West African School Certificate examinations conducted by the West African Examinations Council (WAEC) have tested positive to COVID-19.

This was disclosed in Yenagoa yesterday by the Permanent Secretary, state Ministry of Health, Dr. Inodu Apoku, during a meeting

of COVID-19 Task Force at Government House, Yenagoa.

This is coming as the immediate-past Governor of Bayelsa State, Hon. Seriake Dickson, has been offered automatic ticket by the Peoples Democratic Party (PDP) to fly the party’s flag in the October 31, 2020 Bayelsa west Senatorial by-election.

According to Apoku, the 20 positive cases were among 600 candidates writing the West

African Examination Council in the state that were screened.

The permanent secretary said the total number of COVID-19 test samples in the state from inception of the outbreak to date was 10,234, laboratory confirmed cases 370, number of active cases 24 while total number of deaths was 21.

Meanwhile, the Governor of Bayelsa State, Senator Douye Diri, has directed all civil servants from grade levels 1-12 to resume work from Tuesday,

September 1.

Senator Diri gave the directive yesterday during a meeting with the state’s COVID-19 Taskforce in Government House, Yenagoa.

The governor had on March 26 asked those categories of workers to stay at home in order to curtail the spread of the pandemic in the state.

In a press statement signed by his acting Chief Press Secretary, Mr. Daniel Alabrah, the governor said the COVID-19

restrictions were being reviewed following the flattening of the pandemic curve in the state.

He therefore directed the Head of Service, Mrs Biobelemoye Charles-Onyeama to ensure that workers abide by all COVID-19 safety guidelines when they resume.

Diri also set up a subcommittee made up of the Technical Adviser on Security, Chief Boma Spero-Jack, Permanent Secretary, Ministry of Health, Dr. Inodu Apoku

and the service commanders to liaise with proprietors of night clubs, supermarkets and banks to seek ways of ensuring compliance with the presidential guidelines on COVID-19.

In a related development, the immediate-past Governor of Bayelsa State, Dickson, has been offered automatic ticket by the PDP to fly the party’s flag in the October 31, 2020 Bayelsa west Senatorial by-election.

Senate Berates NTA over Non-profitable Venture with Startimes

Court Remands Seven Persons over Alleged Invasion of Edo Assembly

Deji Elumoye in Abuja

Adibe Emenyonu in Benin-city

The Senate yesterday expressed disappointment with the management of the Nigeria Television Authority (NTA) over the non-profitability of the 11 year-old business agreement it has with Startimes.

Its Joint Committee on Finance and National Planning particularly picked on the NTA Director-General, Yakubu Ibn Mohammed, on the joint venture the national television network has been running with Startimes for over a decade without requisite profit.

Consequently, the DG, who was also accused of making unsatisfactory submissions on operational and revenue drive of the information outfit over the years, was ordered to appear before the joint committee again today along with the Managing Director of NTA TV Enterprises, Mr. Maxwell Loko, who is supervising the joint venture with Startimes.

The NTA boss first appeared before the committee last Friday before being asked to return yesterday for allegedly making unsatisfactory submissions on financial records of the

institution as regards the internally Generated Revenues (IGR) and details of its alleged debtors.

The DG ran into trouble at yesterday’s sitting when he told the committee members that not a single dime has been realised from the joint operational venture it entered into with Startimes in 2008.

Mohammed said: “As an executive director in NTA in 2009, not a single kobo was made from the joint venture with Startimes, the same situation I met in 2016 when I returned as the DG.

A High Court in Benin-city (Vacation Court One), Edo State, yesterday remanded seven persons nabbed by the police with illegal firearms during the alleged invasion of the state House of Assembly complex.

Those arrested were identified as Festus Agbonrenren, 25; Odion Osayande, 23; Ogbeiwe Wilfred, 52; Morgan Uwaigboe, 47; Osayomore Salami, 25; Ifeoluwa Oladele, 36, and Igbinobaro Collins, 26.

The seven suspects were allegedly arrested on August

6, 2020, within the premises of the state Assembly complex with five double-barrel long guns, two single barrel long guns, and 10 live cartridges.

However, when the matter came up yesterday, the seven suspects through their lawyer, Mathias Obayuwana called the attention of the Judge on an exparte motion filed on August 19, directing the Inspector General of Police (IG), Muhammed Adamu, to release them forthwith from detention, arguing that their continued detention breaches their fundamental human rights.

The enrollment of order

which was contained in suit No: B/133M/2020, also ordered the granting of bail to the applicants (suspects) on liberal terms, and directing their release from custody pending the determination of the substantive application or an order directing the respondents to produce the applicants on a date the matter is fixed for hearing.

There was also an order of injunction restraining the respondents (IG) from taking further steps in connection with the matter of staying all actions pending the determination of the substantive application.

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˜ ͺͽ˜ ͺ͸ͺ͸ ˾ T H I S D AY

TUESDAYSPORTS

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

Osimhen Unites with Napoli Teammates for Pre-Season Trip After a blistering career with Lillie FC of France, Nigerian international, Victor Osimhen, yesterday began another chapter of his football career as he joined his new teammates at Napoli for their pre-season trip to Castel di Sangro in Abruzzo.

The Stadio San Paolo outfit

have begun preparations for the 2020-21 season in earnest following their seventh-place finish in the Serie A table last term.

Osimhen joined Napoli on a five-year deal in July after an impressive debut season in the Ligue 1 with Lille where he scored 13 goals in

27 appearances.

After his brief summer break, the 21-year-old linked up with his new teammates in Naples before their journey to Castel di Sangro yesterday morning.

Also included in the 34-man squad are Senegal’s Kalidou

Koulibaly, Algeria duo Adam Ounas and Faouzi Ghoulam.

Napoli will spend the next two weeks in Castel di Sangro and they will be engaged in two friendly matches before concluding their retreat with a friendly game against Serie C

outfit Teramo on September 4.

They have been scheduled to play Aquila and Castel di Sangro in a triangular match on August 28.

Osimhen had his first training session as a Napoli player yesterday afternoon

which will be opened to 1000 fans due to the coronavirus restrictions in Italy.

Although the fixtures have not been confirmed, the 2020-21 Serie A season has been earmarked to start on September 19.

Rangers, Nasarawa Utd Gear up for New NPFL Season Ahead the 2020/21 season of the Nigeria Professional Football League (NPFL), indications are that the clubs are determined to substantially comply with the provisions of the club Licensing Requirements.

The League Management Company (LMC) had on August 6 sent a memo to all the 20 clubs with the Confederation of African Football (CAF)/ Nigeria Football Federation (NFF) Licensing requirements.

The LMC had while noting that the Federal Government was yet to lift the ban on football activities as a result of the COVID-19 pandemic, urged the clubs to begin to put in place those requirements that can be achieved within the ambit of the relaxation of the lockdown.

A number of the clubs’ leaders who spoke to www. npfl.ng affirmed that they are already working to meet the requirements especially in the area of stadium facilities, safety, security, medical, technical and financial.

The Team Manager of Rangers International, Amobi Ezeaku, lamented the negative impact of the global pandemic on the club’s preseason program but noted that the club has made appreciable progress in getting certifications from health, security, safety and environment agencies.

Isaac Danladi, the Chairman of Nasarawa United also rued the effects of the pandemic on the overall health of football activities and declared that by way of complying with Licensing requirements, the club is in good stead.

Sources at Plateau United and Kano Pillars told npfl. ng that their respective state governments have made funds available for upgrade of facilities and meeting other financial obligations.

Assessing the impact of the pandemic on Rangers activities, Ezeaku said, “it has really twisted our preseason plans. It has been difficult, from the loss of our player in a fatal accident to having players individually train at home.

“In as much as the Technical Crew gave the players daily programmes, we understand the importance of bonding together as a team and the gains of such. We hope that soon the green light for the players to return would be given, the tests conducted and normalcy returned”.

Nasarawa United Chairman, Danladi also

spoke of the challenges the club has been facing due to the pandemic, and noted that, “the crises has greatly affected our preseason arrangements basically in the area of physical training and football activities which have been suspended by the NFF and the Federal Government through the Presidential Task Force on the pandemic.

“However in the area of other preparations such as administration and day to day running of the club, it is work in progress. Management and the technical crew have been working assiduously to ensure effective and efficient preparation for the forthcoming 2020/2021 NPFL season. In a nutshell, aside from our inability to resume on the field training, we are planning slowly, quietly but surely preparatory to the new season” Ezeaku was more specific on the efforts Rangers made to meet Licensing requirements.

In his words, “Rangers has always been at the forefront of ensuring that Club Licensing requirements are met. Already we have called upon the Fire Service for inspections and recommendations as well as being issued a fire safety certificate.

“We have also made contact with the State Police Command for security analysis and review and issuance of Police Safety Certificate. Same has been done with the Enugu State Waste Management Authority and the State Emergency Management Agency”, a confident Ezeaku revealed to www.npfl.ng On his part, Danladi revealed that two committees set up to provide a roadmap to meeting various aspects of Licensing requirements have submitted their reports.

“Nasarawa United has made appreciable efforts in ensuring that we meet the club licensing requirements in line with CAF, NFF and LMC regulations. As a bold step towards this objective, the Club Management recently set up two very important committees, namely, Finance/ Budget proposal committee and Club Licensing Regulations committee.

“The committees have submitted their reports and same have been summarized and forwarded to Government for further necessary action with great expectations”.

Danladi also said that on the aspect of medical requirements, the club have since acquired an ambulance fitted with state of the art medical facilities.

Luis Suarez...exit from Barcelona imminent

Barcelona Set to Release Suarez in Major Shake-Up Barcelona are preparing to terminate the contract of Luis Suarez after the 33-year-old striker was informed by new coach Ronald Koeman he does not feature in his plans for next season.

Suarez has scored 198 goals for the club since joining from Liverpool in the summer of 2014 and is third on Barça’s all-time list ahead of legends like Laszlo Kubala and Josep Samitier.

But the Uruguayan will turn 34 midway through next season and Koeman

appears to be keen to make a break from the recent past as he plans for the club’s immediate future in difficult circumstances.

RAC1 reports that a short phone call from Koeman to Suarez on Monday morning saw the latter told that he is not part of the plans to start the new season.

The Catalan radio stationr revealed that the next step in proceedings is for club officials to meet with Suarez’s representatives and lawyers to settle his

contract, which has one more year to run, as well as the option of a further 12 months until 2022.

Barcelona President, Josep Maria Bartomeu, recently hinted at a Camp Nou clear out when he named only eight players as ‘non transferable’ – Lionel Messi, M a rc - A n d re Te r S t e g e n , C l e m e n t Lenglet, Nelson Semedo, F re n k i e De Jong, Antoine Griezmann, Ousmane Dembele and Ansu Fati.

Bartomeu also seems

happy to let Koeman have the final say on players, having a l re a d y s t a t e d t h a t t h e 1 9 9 2 E u ro p e a n Cup winner will be the one to decide Philippe C o u t i n ho’s fate.

But Suarez is among the players the club is ready to cut ties with, as well as other veteran stars like Gerard Pique, Sergio Busquets, Jordi Alba and Ivan Rakitic.

Sergi Roberto, Samuel Umtiti, Arturo Vidal and Martin Braithwaite could also be f or the chop.

Man City Boss, Al Mubarak, Insists No Grudges against UEFA Almost 150 people were arrested as Paris SaintGermain fans set cars ablaze, smashed shop windows and clashed with police in the French capital after the team’s Champions League final 1-0 defeat against Bayern Munich, police said yesterday.

The violence occurred around the Parc des Princes Stadium and on the ChampsElysees avenue during and after the match on Sunday night, police said on Twitter.

Thousands of supporters had gathered at the Parc des Princes to cheer on PSG, lighting flares and chanting as they watched the 1-0 defeat

in Lisbon on a big screen.

The trouble lasted several hours, as groups of fans threw bottles and fireworks at police, who responded with tear gas and rubber bullets, a sourcer said.

On the Champs-Elysees, vehicles were set on fire, windows broken and shops vandalised.

Police said 148 people were arrested “in particular for damage, violence or throwing projectiles”.

Interior Minister Gerald Darmanin said 16 police were injured, 12 shops attacked and about 15 vehicles damaged overnight.

In a tweet on Sunday night, he condemned the “unacceptable” violence and thanked the police who arrested “small violent groups, troublemakers.”

Social distancing measures were ignored inside and outside the Parc des Princes among fans who had hoped to see their Qatar-owned team’s first triumph in Europe’s top club competition.

Police said 404 people were stopped for not wearing face masks as part of regulations aimed at curbing the coronavirus outbreak.

Paris mayor Anne Hidalgo had earlier called for “mature

celebrations” should PSG beat Bayern, after supporters clashed with police following their 3-0 win over RB Leipzig in the semi-finals.

“I’m gutted! They wasted too many chances and unfortunately in the final that just doesn’t fly,” said Nicolas Mounier as he left the stadium peacefully.

“We are disappointed but we weren’t dreadful,” another PSG fan, Anne Vaneson, told AFP. “In the first half, we were on a level playing field but we paid for a dip in performance in the first 20 minutes of the second half.”

Tuesday August 25, 2020

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MISSILE Justice Bello to N’Assembly “When I see aged people sleeping at the Senate or House of Respresentatives, contributing nothing when they have young people at their constituencies to promote, I feel ashamed” – The Chief Judge of Federal Capital Territory, Justice Ishaq Bello, tackling members of the National Assembly who contribute nothing but sleep at plenary sessions.

TUESDAY WITH REUBENABATI abati1990@gmail.com

NBA vs. Nasir El-Rufai I

admire Nasir el-Rufai, the Governor of Kaduna State for his intellectual abilities and what he has been able to achieve within the public space, but I am not his fan. I have had two rather disturbing encounters with him. The first I would overlook because at the time, I thought he spoke out of plain honesty.

But there was a second encounter that I have never been able to get out of my mind. Sometime in 2013, I had taken permission from President Goodluck Jonathan to stay back in London for a few days to sort out some personal matters. The request was granted. The Presidential delegation returned to Abuja without me. A few days later on my way back home, aboard British Airways, guess who I ran into as I tried to settle down: Nasir el-Rufai. I was so excited to see him. He had just then published his impressive memoir: The Accidental Public Servant (Safari Books, 2013, 627pp.) I rushed to meet him and enthusiastically told him that I had read his book and that I was impressed. I congratulated him. He was busy putting his hand luggage in the overhead compartment. As soon as he was done with that, he turned towards me and bellowed: “Abati, you are calling us yesterday’s men eh?

Very soon, you too will be a yesterday man. When we become today’s people, we will show you what it means to be a yesterday man!”.

He didn’t respond to my compliments about his book. The scowl on his face was enough to frighten a lion. I was so confounded, I simply walked back to my seat. I kept to my lane throughout the trip. I was Nigeria’s Presidential spokesman at the time. Indeed, I had written a piece titled “The Hypocrisy of Yesterday’s Men” (February 3, 2013). I wrote in defence of my boss: “A loosely bound group of yesterday’s men and women seems to be on the offensive against the Jonathan administration. They pick issues with virtually every effort of the administration, pretending to do so in the public interest; positing that they alone, know it all. Arrogantly, they claim to be better and smarter than everyone else in the current government. They are ever so censorious, contrarian and supercilious. They have no original claim to their pretensions other than that they were privileged to have been in the corridors of power once upon a time in their lives. They obviously got so engrossed with their own sense of importance they began to imagine themselves indispensable to Nigeria. It is dangerous to have such a navelgazing, narcissistic group inflict themselves with so much ferocity on an otherwise impressionable public. We are in reality dealing with a bunch of hypocrites.”

I went further: “With exceptions so few, they really don’t care about Nigeria as a sovereign but the political spoils that accrue from it. And so they will stop at nothing to discredit those they think are not as deserving as they imagine themselves to be. President Jonathan has unfairly become the target of their pitiable frustrations. They mask self-interest motives as public causes and manipulate the public’s desire for improvements in their daily struggles as opportunity for power grab…” I didn’t mention anyone directly. But I recall Femi Fani-Kayode, my friend, brother and associate, long before the Jonathan years, was the only other person who attacked me around the period. I had made another comment and Fani-Kayode promptly retorted that Reuben Abati could only have said whatever he said because he was the product of a same-sex marriage.

The same Femi Fani-Kayode would later realize his own hypocrisy. He eventually abandoned the company of hypocrites and aligned with the Jonathan government. He in fact led Presidential Jonathan’s second-term campaign as strategist and campaign spokesperson. Nasir el-Rufai was one

El-Rufai of those who never took the Road to Damascus.

In my 2013 essay, I did not mention his name. I gave examples including that of some Quantity Surveyors who needed to return to their professions and desist from turning Nigeria, after a spell in public office, into a meal ticket. Nasir el-Rufai is a Quantity Surveyor. He obviously assumed that the innuendo was directed at him. He took it personal. But on the spur of the moment, I couldn’t think up a justification for his attitude towards me. His arrogance. His malicious conduct.

I have a big ego myself. But Nasir el-Rufai’s ego is taller than the tallest building in the world. He has had a brilliant public career, and he is one of our brightest, but his public persona is that he is completely undiplomatic. There is nobody he cannot abuse. There is no harsh phrase that he cannot utter. His critics insist that he respects nobody, fears nobody, and yet everyone wonders what feeds his ego. What is it based on? In his days as Minister of the Federal Capital Territory, he demolished people’s houses at will. He fought the National Assembly. I will rate him as the best Minster of the FCT so far though, even if he went about his job in a very tactless manner.

As Governor of Kaduna State, he has also shown the same lack of tact and diplomacy. We are dealing with hubris it seems. In his public career since President Olusegun Obasanjo discovered him in 1999 and brought him aboard Nigeria’s big stage, Nasir el-Rufai has consistently acquired a public persona as an intolerant public servant, and a perpetual accident. In Kaduna state which he presides over, anybody that criticizes him in any way, is most likely to be slammed with a legal suit and detained. He has fought Shiites.

He has abused the leaders of Southern Kaduna.

He is said to be above the courts of the land because he does not respect their orders. One Bishop had the temerity to prophesy that he, El-Rufai will never be President of Nigeria, the Bishop is now in court to respond to charges of criminal defamation for daring to prophesy that the Almighty Nasir El-Rufai will never be “President of Nigeria”.

This piece is titled “NBA vs Nasir el-Rufai”.

My simple point in that regard which is the main thrust of this piece is that Nasir el-Rufai is in part, the victim of his own hubris. He has lessons to learn from his current travails and I hope that he will soon be on the Road to Damascus. But at the same time, I think the joke is on the NBA, not el-Rufai. Paul Usoro, the outgoing President of the Nigerian Bar Association has handled the el-Rufai matter in a most embarrassing, cowardly and disgraceful manner. Nasir el-Rufai was invited by the Technical Conference Planning Committee

(TCCP) of the NBA as a keynote Speaker at the Annual General Conference of the NBA 2020.

The theme is “STEPPING FORWARD” and the question is: “Who is a Nigerian? A Debate on National Identity” (26 -29 August 2020) with a special session focusing on the topic: “Am I a Nigerian – A Debate on National Identity, The Indigeneship-Citizenship Conundrum”. It is a virtual conference, the first in the history of the NBA, in other words, a COVID-19 determined and compliant conference of the NBA, and the 60th Annual General Conference of the body.

When the Technical Committee for Conference Planning (TCCP) of the NBA decided to invite Nasir el-Rufai as a keynote speaker at this particular session, they must have thought of the fact that more than any other Governor in Nigeria at the moment, he is one Governor who has had to deal with the issue of identity crisis, especially in the Southern part of the state that he governs.

Besides, he has the intellectual heft, the analytic skills and the knowledge of the national question being addressed. His ability in these regards is beyond question and he has the confidence to articulate his views in any forum locally and internationally. The Presidential Conference Planning Committee could not have made a better choice.

You may not like el-Rufai’s attitude and his lack of tact, but you cannot question his ability as a diligent and first-rate intellect. By uninviting to the 60th NBA 60th General Conference, the NBA submitted itself to the will of an aggressive and vocal minority in a manner that could affect the future of the NBA negatively. Most of the people who signed the petition against Nasir el-Rufai come across like persons who nurse personal grudges against him and who failed to look at the big picture. The NBA as A.U. Mustapha, SAN has argued convincingly, should not be politicized. It must not be personalized. It must not be used to settle political, ethnic or personal scores. The decision to uninvite Nasir el-Rufai to this year’s NBA conference which commences tomorrow is a major low in the history of the NBA. Targeting one man out of a long list of other persons who have been identified by the Radical Agenda Movement led by Ogunlana Esq. as not necessarily saintly amounts to impartiality and institutional malice.

Paul Usoro, the outgoing NBA President has also not handled the matter with wisdom. He has presided over the NBA in one of its lowest moments in the last 60 years. The decision to open up the NBA Annual Conference to nonlawyers and stakeholder communities is one of

the major achievements of the last few years, but in a last moment act of indiscretion, Usoro’s NBA has blown that up. The scapegoating of el-Rufai by a group that has had more despicable persons on its list of invitees over the years is an indication of unfairness, injustice and malice by the same persons who claim to defend the rule of law. The NBA should be an open forum for all ideas to contend and for all persons to enjoy the benefit of fair hearing. With the NBA vs el-Rufai saga, may be the NBA is better off in the future inviting only persons who will tell members what they would like to hear. Even worse and this should be condemned, is the spineless, cheap and pathetic letters of apology written to the Muslim Lawyers Association of Nigeria (MULAN) and the Nigeria Governors’ Forum by Paul Usoro, the NBA President. These were self-serving letters in which Usoro tried to disown the NBA NEC. What kind of cowardly conduct is that? His silly apologies have brought the Usoro Presidency to an ugly end. Coming shortly after he presided over a most controversial NBA Presidential election and a lackluster tenure, Usoro

by August 27 will be handing over a divided and troubled NBA. Nasir el-Rufai is not the problem of the NBA. The NBA, turned into a rent-seeking vehicle, is its own problem, and it is sad to see a once dynamic and progressive NBA, reduced to a beggarly body. Was it not under Usoro’s watch that a Chief Justice was disgraced out of office and judges were humiliated? The association faces a leadership crisis that it must resolve and address, especially now that there is a simmering battle between the inner and outer Bar for its soul.

It is not too late to reverse the dis-invitation of Nasir el-Rufai to the 60th NBA AGC. But he can take sufficient solace in the fact that he is not the problem. His travail with the NBA is only an indication of a problem within the NBA itself.

Olumide Akpata’s emergence as NBA President is seen as the triumph of the young Turks within the NBA, that is the Outer Bar. Nasir el-Rufai is just a convenient pawn in an existing conflict.

We should, therefore, look farther into the future.

Olumide Akpata who by next week would have assumed office, has his job cut out for him. He has to unite a divided House. He must also restore confidence in the Bar. He will either take charge or cede control to a vocal, aluta continua group within the NBA that has shown its hands rather early with the objection to Nasir el-Rufai. The radical elements within the NBA must focus on larger issues beyond the politics of malice and personality. The NBA is in urgent need of reform.

Herbert Wigwe and Access Bank I got a call about a week ago informing me that it was the birthday of Herbert Wigwe, the CEO of Access Bank and it would be nice to drink up on his behalf, thank the Almighty and shame the Devil as it were. Since the easing of the lockdown, boys have been looking for every opportunity to return to the old normal. I declined. I resist temptations to defy COVID-19; for, even more careful persons have fallen victim.

In normal times, I would have jumped at an opportunity to celebrate Herbert Wigwe who is certainly one of the biggest revelations in Nigeria’s banking industry in this century.

When he took over the leadership of Access Bank, the Bank was no. 5. Today, that bank is No. 1 in terms of share capital, loans, deposits, reach and customer satisfaction. In April 2019, under Wigwe’s watch, Access Bank merged with Diamond Bank and became the largest bank in Africa. Wigwe has shown a capacity to control and transform every storm that comes

the way of the bank. There is no doubt that he is leading Access bank in the right direction. He and his brother, Aigboje Aig-Imoukhuede, both co-founders of Access Bank, remind me of Fola Adeola and Tayo Aderinokun who both built GT Bank into a global brand.

At a time when Nigeria’s reputation is being rubbished by the likes of Hushpuppy and Woodberry and the 419 gang, Herbert Wigwe and his team give Nigeria great hopes. He is a role model for the younger generation. Today, Access Bank is not just a Tier-I Bank, it has branches across Africa which provide jobs for millions across the continent. And yet Wigwe is just 54. He is in addition, Chairman of Nigeria’s Bankers’ Committee. A high-achieving brother like him truly deserves a drink and a salute. The organisers should please invite me next year when, hopefully, our lives would have become normal again. In the meantime, many happy returns Herbert. May your days be long.

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