TUESDAY 10TH AUGUST 2021 by THISDAY Newspapers Ltd

CBN: Digital Currency Would Be Critical National Infrastructure James Emejo in Abuja

The Central Bank of Nigeria (CBN) has said its proposed digital currency, known as e-Naira, will be treated as a critical national infrastructure to protect it from operational and cyber-security risks. In a document obtained by

THISDAY, which offered more insights into the digital money regime, especially the potential risks and mitigation measures, the apex bank said there would be a co-existence of traditional payment systems and the CBN Digital Currency (CBDC) to address interoperability risks that might be associated with

the implementation. CBN said it would apply regulatory framework and compliance mechanisms to prevent disruptive competition for the electronic money. On the associated cost and risk of deploying/on-boarding a new payment platform, the bank explained that medium to long-

term pay-off in increased efficiency of operations was expected to offset initial outlay. It added that any risk of disintermediation would be addressed by the introduction of limits on the e-Naira holdings. The document further stated that the introduction of the CBDC would, among other things, usher in new approaches to payment as

well as bring about new bank and non- bank players in the financial system. The digital currency regime would also introduce a new range of banking services and integration with new systems, providing new possibilities for the payment architecture. According to the apex bank,

the two-tiered model for CBDC would facilitate a public-private partnership arrangement whereby the CBN would design the e-Naira and distribute through regulated financial institutions, while the latter would in turn provide the digital cash to individuals and Continued on page 10

NNPC Promotes, Redeploys Top Management Staff ahead of Listing... Page 5 Tuesday 10 August, 2021 Vol 26. No 9619. Price: N250

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Rivers Govt, Not FG Should Collect VAT, Related Taxes, Court Rules Blessing Ibunge in Port Harcourt

In a landmark ruling, the Federal High Court sitting in Port Harcourt, Rivers State, has declared that the Rivers

State Government and not the Federal Inland Revenue Services (FIRS), an agency of the federal government, should collect Valued Added Tax (VAT) and Personal Income Tax (PIT) in the state.

Presided over by Justice Stephen Dalyop Pam, the court also issued an order of perpetual injunction restraining the FIRS and the Attorney General of the federation, both first and second defendants in the suit,

from collecting, demanding, threatening and intimidating residents of Rivers State to pay to FIRS, personnel income tax and Value Added Tax. Justice Pam made the assertion while delivering judgement in

Suit No. FHC/PH/CS/149/2020, filed by the Attorney General for Rivers State (plaintiff), against the Federal Inland Revenue Service (first defendant) and the Attorney General of the Federation (second defendant).

The Court, which granted all the eleven reliefs sought by the Rivers State Government, stated that there was no constitutional basis for the FIRS to demand for and collect VAT, Withholding Continued on page 8

PDP Govs, Secondus Reach Deal, Convention May be Brought Forward It's the only way to remove him, Dickson insists I’ll not resign, says party chair Senate, House caucuses support peace moves Party commences online membership registration Deji Elumoye, Chuks Okocha and Adedayo Akinwale in Abuja After meeting for over 40 minutes behind closed doors on Monday, the Peoples Democratic Party (PDP) governors and the embattled National Chairman of the party, Prince Uche Secondus, appeared to have reached a new deal as part of efforts to resolve the crisis which engulfed its leadership and ensure lasting peace in the main opposition party. The deal involved consideration of an early date for the party’s national convention, as against the initial date of December 9. With the new deal, widely believed to be in the overall interest of the party, THISDAY gathered that the December convention might be brought forward to either October or November. Continued on page 10

SEARCHING FOR PEACE... L:R: Bauchi State Governor, Mallam Bala Mohammed, Rivers State Governor, Mr Nyeson Wike, Sokoto State Governor, Mallam Aminu Tambuwal, Benue State Governor, Mr Samuel Ortom, and Akwa Ibom State Governor, Udom Emmanuel, addressing the press after the PDP governors' meeting in Abuja convened to resolve the lingering leadership crisis in the party...yesterday

Self-confessed Fraudsters Jailed Six Years over $1m Scam of KLM, British, Turkish Airways... Page 8

T H I S D AY • TUESDAY AUGUST 10, 2021

TUESDAY, ͹͸˜ ͺ͸ͺ͹ ˾ T H I S D AY

NEWS NNPC Promotes, Redeploys Top Management Staff ahead of Listing

Group News Editor: Goddy Egene

Email: Goddy.egene@thisdaylive.com, 0803 350 6821, 0809 7777 322

Fuel importation increases by 332.7m litres in four months Revenue declines by N123.85bn in March Emmanuel Addeh in Abuja and Peter Uzoho in Lagos The Nigerian National Petroleum Corporation (NNPC) yesterday embarked on a major reshuffle of senior management positions in what it described as a move to strengthen and reposition the national oil company towards attaining global excellence and profitability. This is just as it was also revealed yesterday that the NNPC increased its monthly imported petroleum products by 332. 7 million litres between December 2020 and March 2021, according to its latest data. In a statement, the corporation announced the promotion and redeployment of some staff to fill key vacant positions, including Mr. Billy Okoye, who has now been appointed the new Group Executive Director, Ventures & Business Development. The statement signed by the outgoing Group General Manager, Group Public Affairs Division, of the corporation, Dr. Kennie Obateru, stated that Mrs. Aisha Ahmadu-Katagum, has been promoted to the position of Group Executive Director, Corporate Services. It noted that until their new appointments, Okoye and Ahmadu-Katagum were Group General Managers, Crude Oil Marketing Division (COMD) and Supply Chain Management Division in the corporation, respectively. In addition, a former Chief Operating Officer, Business and Ventures Development, Mr. Adeyemi Adetunji, is now the Group Executive Director, Downstream, while a former Chief Operating Officer, Corporate Services, Mr. Mohammed Ahmed, becomes the Group Executive Director, Gas and Power. Other chief operating officer positions in the corporation have now been re-designated as Group Executive Directors (GEDs), in alignment with the rules of Company & Allied Matters Act (CAMA), preparatory to the new status of the corporation as a limited liability company, post-Petroleum Industry Bill (PIB), the NNPC stated. The repositioning also saw the disengagement of Mr. Yusuf Usman, formerly Chief Operating Officer, Gas and Power, while Mr. Garba Deen Muhammad, will take over from Obateru as the Group General Manager, Group Public Affairs Division of the corporation. Muhammad is likely to now exit the office of the Minister of State, Petroleum Resources, Mr. Timipre Sylva, where he was Special Adviser on Media before now. Group Managing Director of the corporation, Mr. Mele Kyari, commenting on the new arrangement, said the appointments would enable the corporation live up to the expectations of Nigerians and achieve its vision of becoming a world-class energy company of choice.

NNPC's Fuel Import Increases by 332.7m Litres in Four Months Meanwhile,

the

NNPC

increased its monthly imported petroleum products by 332. 7 million litres between December 2020 and March 2021, latest data from the national oil company has indicated. NNPC’s Monthly Financial and Operations Report (MFOR), released yesterday, showed that through the corporation’s total Direct-Sale Direct-Purchase (DSDP) arrangement, it brought in 1.582 billion litres in December, while in March the figure increased to 1.915 billion litres. Under the DSDP arrangement, NNPC supplies nearly all of Nigeria's petrol needs, in addition to covering some of the diesel and jet fuel consumption. In-between December 2020 and March 2021, the corporation imported 1.682 billion litres in January, and 1.716 billion litres in February. Furthermore, in March 2021, NNPC's operating revenue, compared to February 2021, decreased by 20.40 per cent or N123.85 billion to stand at N454.94 billion, while expenditure for the month decreased by 22.12 per cent or N119.24 billion to stand at N419.70 billion. The data also presented a reduced trading surplus of N35.24 billion, compared to the N39.85 billion surplus recorded in February 2021, due mainly to low business activity at the Nigerian Petroleum Development Company (NPDC), one of the corporation’s subsidiaries. Total export receipt of $194.55 million was recorded in March 2021, as against $115.34 million in February 2021, while proceeds from crude oil amounted to $98.37 million, and earnings from gas as well as miscellaneous receipts stood at $90.38 million and $5.80 million, respectively. Of the export receipts, $85.79 million was remitted to the Federation Account while $108.76 million was remitted to fund the

Joint Venture (JV) cost recovery for the month of March 2021 to, according to the corporation, guarantee current and future production. Total export crude oil and gas receipt for the period March 2020 to March 2021 stood at $2.13 billion, out of which the sum of $1.27 billion was transferred to JV Cash Call as first line charge and the balance of $0.86Billion was paid into the Federation Account. The NNPC data indicated that total export sale of $191.64 million was recorded in March 2021; increasing by 130.23 per cent when compared to the

previous month, while crude oil export sales contributed $98.37 million, about 51.33 per cent of the dollar transactions, compared with $30.99 million contribution in the previous month. Export gas sales amounted to $93.27 million in March 2021, while the March 2020 to March 2021 crude oil and gas transactions indicated that $1.80 billion worth of molecules was exported. Of the month’s production, JVs and Production Sharing Contracts (PSC) contributed about 31.30 per cent and 40.40 per cent, respectively, while NPDC and independents accounted for

10.38 per cent and 8.62 per cent, respectively. Moreover, the data showed that in February 2021, NNPC lifted 9,396,811 barrels of crude oil from the daily allocation for domestic utilisation. This translates to an average volume of 335,600 barrels of oil per day in terms of performance. In order to meet domestic product supply requirement for February 2021, the entire 9,396,811 barrels were processed under the DSDP scheme, with no deliveries to the domestic refineries for processing. In February 2021, a total of 45.36 million barrels of crude oil

and condensate were produced, representing an average daily production of 1.62 million barrels. The data also showed a steady decline in Nigeria’s total crude oil production from a high of over two million barrels per day, to a low of 1.4 million bpd between February 2020 and February 2021. Of the entire national crude oil and condensates produced between February 2020 and February 2021, 213 million barrels were through JVs, 268 million barrels were through PSC, NPDC produced 67.5 million, while 52.6 million was pumped by independent marginal field owners.

WHAT'S IN A NAME?… L-R: Director, Chemical Technology, Federal Ministry of Science, Technology and Innovation (FMSTI), Mfon Bassey; Minister of State, Barr. Mohammed Abdulahi; the minister, Dr. Ogbonnaya Onu and Permanent Secretary in the ministry, Mr, Edet Akpan, at the press conference on the name change from Federal Ministry of Science and Technology to Ministry to Science, Technology and Innovation in Abuja... recently

Obi: Parties in Crisis Because Their Politics is Transactional Mary Nnah A former governor of Anambra State and vice presidential candidate of the Peoples Democratic Party (PDP) in the 2019 elections, Mr. Peter Obi, has said the reasons political parties in this part of the world were having crisis was because their politics was purely transactional. Obi, who was on the ARISE News Morning Show yesterday, however, denied reports that the National Working Committee

of the PDP had passed a no confidence vote on their embattled National Chairman, Uche Secondus, hopeful that the disagreements would soon be resolved amicably. Speaking on the demand by some members of the party that Secondus should resign in the interest of the party, Obi said such crisis was normal and would be resolved amicably in due time. He, however, added that the crises witnessed in PDP at both the national and state levels, were

normal as it is with every other big party like PDP. “I do not think it is peculiar with PDP. You can even look at the party in power. There are always issues in this kind of big family, especially, in our kind of politics, in general. Our politics is still transactional and so you have individuals trying to have their ways and things like that. But overall, I can tell you that the PDP crisis will be resolved amicably,” he maintained. While disagreeing with

speculations that more than half of the members of the NWC hadpassed a vote of no confidence in the national chairman, he said, “It is not right to say that at the national level, half of the NWC have passed a vote of no confidence in the chairman. That is not the true position of things. “The position is that there are some issues which are normal in a large party like ours and I can tell you that the stakeholders are already intervening. I’m sure it

FG Summons Indonesian Envoy over Manhandling of Nigerian Diplomat in Jakarta Michael Olugbode in Abuja The federal government has summoned the Ambassador of Indonesia to Nigeria, Usra Hendra Harahap, over the manhandling and arrest of a Nigerian diplomat in Jakarta. A video in circulation showed some Indonesians, believed to be security officers, dragging the Nigerian while in a moving vehicle. The Nigerian was heard shouting in the vehicle as some officials held him down, with

one of them hitting his head. A statement from the Ministry of Foreign Affairs, yesterday, expressed the displeasure of the Nigerian government with the treatment of its diplomat. It said the Indonesian ambassador was invited and he had apologised. The statement read, “The Ministry of Foreign Affairs is in receipt of a report and has seen a video in circulation regarding an unacceptable incident in Jakarta, Indonesia, concerning the manhandling and arrest of a Nigerian Diplomatic Agent

in front of his official quarters on August 7, 2021.” The ministry said the unfortunate incident was against international law and the Vienna Conventions governing Diplomatic and Consular Relations between states. According to the statement, the Nigerian government has complained to the government of Indonesia, and the Nigerian Minister of Foreign Affairs, Geoffrey Onyeama, summoned the Ambassador of Indonesia

to Nigeria. The statement further revealed that the ambassador had explained what he understood happened and tendered an unreserved apology on behalf of his government. Meanwhile, the Nigerian Ambassador to Indonesia has confirmed that the immigration officials involved in the manhandling and arrest had since come to the Nigerian Embassy to apologise to the ambassador and the diplomat affected.

will soon be amicably resolved for the interest of the party and for the interest of Nigeria, because Nigeria needs the party at this very moment. “Yes, there are some legal issues also going through the courts but I can tell you that the processes of our primary up till date are within the route, like they say. We had a peaceful primary, which of course, was done as a result of the Court order and also there is a case in court that is going on very well and it will be resolved in due time.” Suggesting that to resolve the PDP crises could mean Secondus staying till December, when the party will have its convention, Obi said, “I think that should be the case. I’m sure it will resolve when we have a peaceful leadership at the convention. “For me, it will be resolved amicably, because the stakeholders – the most important organs of the party, the BOT, the governors’ forum and all other stakeholders are looking into it and there are several meetings going on and I am sure those meetings will not be in vain. Things should be resolved for the interest of the party and the interest of Nigeria because I know what is going on as an insider.”

TUESDAY, ͹͸˜ ͺ͸ͺ͹ ˾ T H I S D AY

NEWS

Military Poised for Final Routing of Terrorists, Says Army Chief 650 insurgents surrender to troops in three months Troops quell Boko Haram advance in Borno Kingsley Nwezeh in Abuja The Chief of Army Staff, Maj. Gen. Faruk Yahaya, yesterday, declared that the military was poised for a final routing of insurgents in the North Eastern part of the country. His declaration also coincided with reports that 650 insurgents and their families had so far surrendered to troops in the North-east in the past three months. One of the missing Chibok schoolgirls and her two children were also part of the families of those, who surrendered to troops. This comes as troops of 25 Task Force Brigade, Operation Hadin Kai in the North East quelled a dawn attack on Damboa town in the early hours of Sunday, August 8, 2021 by Boko Haram and Islamic State for West Africa Province (ISWAP). A statement issued by Army Spokesman, Brigadier-General Onyema Nwachukwu, said the army chief affirmed the determination of the military to rout terrorists in the Northeast. "Law abiding people of North-east Nigeria are assured of the Chief of Army Staff's determination to finally rout the Boko Haram/Islamic State West Africa Province criminals from their hideouts. "The good people of the North East are also encouraged to continue to avail the troops with actionable information that will enhance the execution of the ongoing counter-terrorism and counter insurgency operations in the region," it said. THISDAY gathered that of the 650 insurgents that had so far surrendered to troops in the past three months, about 229 of them were women and children, who surrendered at different times within the period under review. Military authorities handed them over to Borno State government including one the the 270 Chibok schoolgirls abducted seven years ago, who returned with her two children and the man she married while in captivity. About 270 girls were originally abducted by the Islamist group but 82 were freed in 2017 after mediation, adding to 24 that were released or found. A few others escaped or were rescued while about 113 of the girls were believed to be held by the terror group.

On the attack on Damboa, Nwachukwu, said the terrorists made a futile effort to infiltrate the town but were met with heavy volume of fire from the vigilant troops. "While attempting to infiltrate the town with unconfirmed numbers of foot soldiers and some mounted on motorcycles, the terrorists suffered debilitating gunshot wounds from troops' fire, forcing them to beat the retreat in disarray. "The troops are currently on the trail of the fleeing terrorists. Unfortunately, in the exchange of fire that ensued, two vehicles belonging to the Civilian Joint Task Force were razed by fire," he said. The statement commended the troops of Operation Hadin Kai for their vigilance and swift response in quelling the attack, even as the army headquarters urged them "not to allow any form of distraction from the marauding terrorists, whose ranks have suffered enormous depletion in manpower as a result of ongoing air and artillery bombardments".

The Executive Secretary of the Nigerian Investment Promotion Council (NIPC), Mrs. Yewande Sadiku, was yesterday taken into the custody of the Economic and Financial Crimes Commission (EFCC). The technocrat, who arrived the headquarters of the anti-graft agency at about 11am yesterday, was grilled by a team of operatives of the commission over wide ranging corruption issues. A source familiar with the investigation disclosed that the

L-R: Minister of State, Petroleum Resources; Chief Timipre Sylva; Group Managing Director, NNPC, Mallam Mele K. Kyari.; Group Executive Director, BUA Group, Kabiru Rabiu; and Chief Executive Oﬃcer, Axxela Limited, Mr. Bolaji Osunsanya, at the 2021 Gas Sector Stakeholders Forum organized by Gas Aggregation Company of Nigeria in Kano... recently.

Streets Empty, Markets, Shops Closed as IPOB’s Sit-at-Home Order Takes Effect Two Killed as Awka, Anambra, Nnewi grounded

Amby Uneze in Owerri, DavidChyddy Eleke in Awka, Gideon Arinze in Enugu and Emmanuel Ugwu-Nwogo in Umuahia Major streets, motor parks, schools and markets in many parts of the Southeast were yesterday deserted as residents observed the sit-athome order handed them by the proscribed Indigenous People of Biafra (IPOB). From Enugu to Anambra and Abia, many residents said the fear of being attacked forced them to stay at home, while others said they had come to terms with the issues that were fuelling the demand for self-determination. IPOB had in a statement through its Publicity Secretary, Emma Powerful, declared every Monday ‘a ghost Monday effective from Monday, August 9 to prevail on the federal government to release Kanu, who is currently being detained for treasonable felony. The group said all institutions (public and private), transport companies, schools, banks, markets, airports and seaports in Biafra land must shut down every Monday

EFCC Quizzes Yewande Sadiku, NIPC Executive Secretary Kingsley Nwezeh in Abuja

GAS SECTOR STAKEHOLDERS' FORUM…

NIPC boss was questioned for "abuse of office, bordering largely on contract fraud running into several millions of naira and unearned frivolous allowances". As of the time of filling this report, she had spent over nine hours with her interrogators. “She is cooperating and has volunteered statement but there is still a lot of grounds to be covered”, the source said. When contacted, EFCC Spokesman, Wilson Uwujaren, confirmed her presence in the commission but declined further comment.

beginning from August 9, even as people were to remain indoors to register their concern over the fate of Kanu and the rest of all agitators languishing in various security detentions. In Enugu, the state police command, through a statement, asked residents in the state to disregard the order and go about their normal activities. The statement by Police Public Relations Officer, Daniel Ndukwe, reiterated the resolve of the force to adequately ensure public safety, enforce and maintain law and order in the state, even as it warned troublemakers and enemies of public peace to steer clear of the state or face the full wrath of the law. “Residents should disregard sit-at-home orders not issued or approved by any statutorily recognised organ or authorised Ministry, Department or Agency (MDA) of government. This includes one purportedly restricting public movements and businesses on Monday, August 9 by proBiafran groups" The Enugu State Government had also warned members of the IPOB that it would not spare anyone, who breached peace in the state in the name of obeying IPOB’s sit-at-home order. In a statement by the chairman, Enugu Capital Territory Development Authority, Denge Onoh, the state urged residents of the state to go about their businesses on Monday as their security would be guaranteed. However, when THISDAY visited some markets, they were all closed. In Abakpa, one of the major markets in the state, shops were under lock and keys as marketers stayed indoors in strict adherence to the order. It was also observed that streets around Independence Layout and other parts of the Enugu metropolis were deserted, with no vehicular movements. Schools

Enugu, Aba obedient, observe command

were also closed. But Younger brother to the IPOB leader, Kanunta Kanu, had come out to say he had suspended the sit-at-home protest of the group in the Southeast. Kanunta, in a statement on Sunday, said the planned sit-athome directive was suspended to allow the students in the geopolitical zone participate in the National Examination Council, and that a new date would be announced later. In Nnewi, Anambra State, two persons were yesterday reportedly killed over the sit-at-home exercise. Police authorities confirmed that there was an incident in the industrial city on Monday morning, which led to fatalities, but denied knowledge of those responsible. THISDAY gathered that two persons died during a bloody confrontation that happened at Izuchukwu junction area in Nnewi. An eyewitness said the victims were a member of Eastern Security Network (ESN) and a commercial motorcyclist. The source claimed that problem started at about 7.00am in the morning when some IPOB members came out to enforce the sit-at-home order and in the process blocked the major roads in the industrial town. "Some unidentified soldiers came in to clear the items used to block the roads leading to an altercation between them and the IPOB members. "That was how the two victims were actually killed by gun shots by the unknown soldiers.The industrial town of Nnewi has been reduced to a ghost town as the people, who initially came out for their daily business had to rush back home. "Some vehicles were also smashed by aggrieved persons over the attack on the civilians by armed soldiers," he said. Spokesperson of the Anambra

State Police command, DSP Toochukwu Ikenga, said, "Yes, I'm aware of the incident in Nnewi today, but I do not have the details. We are still collating details, and I will inform you later." Ikenga was also unable to tell if the security operatives were soldiers or police officers. “We are still investigating," he said. Meanwhile, major and minor cities in Anambra State, including Awka, Onitsha, Nnewi, Ekwulobia and others were yesterday totally shutdown, in compliance with the directive of IPOB. Yesterday's sit-at-home registered heavy compliance in Anambra, with banks, schools, markets, shops, eateries and other businesses deserted. THISDAY correspondent who moved round to monitor the level of compliance found that even though markets were opened, traders refused to resume for business. Anambra State government had earlier threatened to withhold August salaries of workers who failed to resume for duties on Monday. At the state secretariat complex, it was also observed that most workers came to work,because of the order, but they left almost immediately, after signing the attendance register. Motorparks were also deserted as motorists and passengers alike stayed away from them, leaving streets deserted. Police patrol vehicles were on every major street, civil in their vehicles, and providing protection for the few people that were courageous enough to come out. A market leader at Eke Awka market, who did not disclose his name said: "The leadership of the market did its best by opening the market, but traders refused to come. "You can see that some of the traders opened, but there are no customers. I think it is rather out

of fear that people did not come to the market, and not because they want to comply with IPOB’s directive," he said. In Aba, Abia State, compliance was not total. It was contrasting scenarios in the two major cities of Abia as the commercial city of Aba was totally shut down while Umuahia the capital city witnessed full scale activities as residents went about their normal businesses By Sunday night, there were doubts over compliance as the family of Kanu and IPOB appeared to be in disagreement on whether or not it should go ahead as planned. While Kanu’ds younger brother had said the directive had been put on hold to enable candidates write their examinations, the media and publicity secretary of IPOB, Emma Powerful, countered that the separatist movement had not withdrawn the directive to proceed with the sit-athome protest. By Monday morning, all the main roads in Aba, including the Aba - Owerri road, which is the main entry route into the commercial nerve centre were deserted. Though markets were thrown open in obedience to government directive, traders chose to stay away thereby crippling commercial activities. But in Umuahia, the city centre popularly known as Isigate was bubbling with commercial activities. Commercial vehicles were seen plying their various routes ensuring steady movement of people and goods. Both the state government and the state police command had made frantic efforts to dissuade Abia residents from obeying the directive of the separatist movement. Governor Okezie Ikpeazu issued a directive late Sunday night warning civil servants against absenting from their duty posts Continued on page 10

T H I S D AY • TUESDAY AUGUST 10, 2021

TUESDAY, ͹͸˜ ͺ͸ͺ͹ ˾ T H I S D AY

NEWS

Self-confessed Fraudsters Jailed Six Years over $1m Scam of KLM, British, Turkish Airways Forfeit three duplexes in Lekki, vehicles worth N260m to FG Over N200m in bank accounts

Kingsley Nwezeh in Abuja

Two Nigerian fraudsters, Tobilola Ibrahim Bakare and Alimi Seun Sikiru have bagged six years imprisonment over alleged $1 million scam of three major airlines: British Airways, KLM and Turkish Airlines. The duo, who also forfeited mega properties in upscale areas of Lagos and vehicles worth N260 million and N200 million in bank accounts to the federal government, were however given the options of fine of N3 million and N1 million respectively. This followed their arrest and

successful prosecution by the Economic and Financial Crimes Commission (EFCC). THISDAY gathered that the forfeited assets include the sums of N196, 741, 216.82 and N7, 054, 852.01 in bank accounts, two vehicles, Mercedes Benz E500, Toyota Hilux 2020 and five bedroom duplex situated at Ibrahim Eleto Street, Osopa London, Lekki, Lagos; four bedroom semi-detached duplex situated at Ologolo, Jakande, Lekki, Lagos and another four bedroom semi-detached duplex in Southern View Estate, Mayor Court, Chevron Alternative Road, Lekki, Lagos.

The two vehicles were valued at N30million while the three duplexes are valued at N230million. The fraudsters gave up the assets as they could not give satisfactory explanation of the funds and properties linked to them. They confessed to involvement in cybercrime. Bakare, 27, an indigene of Ijebu Ode, Ogun State, admitted involvement in Business Email Compromise (BEC) and admitted hacking into different companies outside the shores of Nigeria. The scammers had been successful in their ignoble trade,

earning a cumulative sum of $1million from victims including three foreign airlines through Business Email Compromise fraud. They laundered the proceeds of crime by acquiring properties including real estate and luxury vehicles. A source close to the investigation narrated how the anti-graft agency stumbled on the scam. "Life was good, but their misfortune began in September 2020, when operatives of the commission, in the course of investigating a case of suspicious transactions and

money laundering involving one Kehinde Adelakun, a convicted internet fraudster, stumbled on evidence linking Alvine International Resources Ventures, owned by the second defendant, Sikiru", the source said. It was further gathered that the transaction that set off the alarm bell was an inflow of N5million in two tranches from Alvine International Resources Ventures. Further probing by the investigators, revealed several inflows suspected to be proceeds of unlawful activities in both the Sterling Bank and Polaris

INVESTITURE OF NEW PAPAL KNIGHTS… L-R: President of Commandery 725, Benin City of KNIGHTS of St John International (KSJI), Patrick Musa; the celebrants, Rt. Hon. Chevalier Andrew Agenmonmen; his wife Dame Agatha and former National Chairman of All Progressives Congress, Chief John Odigie Oyegun, after the Investiture of Chavailer and Agatha as Papal Knight and Dame of Saint Gregory the Great in Benin City, Edo State... recently.

RIVERS GOVT, NOT FG SHOULD COLLECT VAT, RELATED TAXES, COURT RULES Tax, Education Tax and Technology levy in Rivers State or any other State of the Federation, being that the constitutional powers and competence of the federal government was limited to taxation of incomes, profits and capital gains, which did not include VAT or any other species of sales, or levy other than those specifically mentioned in items 58 and 59 of the Exclusive Legislative List of the Constitution. The judge dismissed the preliminary objections filed by the defendants that the Court lackedjurisdiction to hear the suit and that the case should be transferred to Court of Appeal for interpretation. Justice Pam, who also dismissed objection raised by the defendants that the National Assembly ought to have been made a party in the suit, declared that the issues of taxes raised by the state government were issues of law that the court was constitutionally empowered to entertain. He declared that after a diligent review of the issues raised by both the plaintiff and the defendants, the plaintiff has

proven beyond doubt that it was entitled to all the eleven reliefs it sought in the suit. The court agreed with the Rivers State Government that it was the State and not FIRS that was constitutionally entitled to impose taxes enforceable or collectable in its territory of the nature of consumption or sales tax, VAT, education and other taxes or levies, other than the taxes and duties specifically reserved for the federal government by items 58 and 59 of Part 1 of the Second Schedule of the 1999 constitution as amended. Also, the court declared that the defendants were not constitutionally entitled to charge or impose levies, charges or rates (under any guise or by whatever name called) on the residents of Rivers State and indeed any state of the federation. Among the reliefs sought by the Rivers State Government, was a declaration that the constitutional power of the federal government to impose taxes and duties was only limited to the items listed in items 58 and 59 of Part 1 of the second schedule of the 1999 constitution

as amended. The Rivers State Government had also urged the court to declare that, by virtue of the provisions of items 7 and 8 of the Part II (Concurrent Legislative List) of the Second Schedule of the constitution, the power of the federal government to delegate the collection of taxes can only be exercised by the State government or other authority of the state and no other person. The State government had further asked the court to declare that all statutory provisions made or purportedly made in the exercise of the legislative powers of the federal government, which contained provisions that were inconsistent with or in excess of the powers to impose tax and duties, as prescribed by items 58 and 59 of the Part I of the Second Schedule of the 1999 constitution, or inconsistent with the power to delegate the duty of collection of taxes, as contained in items 7 and 8 of Part II of the Second Schedule of the Constitution, were unconstitutional, null and void. Lead counsel for the Rivers State Government, Donald Chika

Denwigwe (SAN), who spoke to journalists after the court session, explained that the case was all about the interpretation of the constitution as regards the authority of the government at the state and federal levels to collect certain revenue particularly, VAT. "So, during the determination of the matter, some issues of law were thrown up like, whether or not the case should be referred to the Court of Appeal for the determination of some issues. "The court noted that the application is like asking the Federal High Court to transfer the entire case to the Court of Appeal. In which case, if the court so decides, there will be nothing left to refer back to the Federal High Court as required by the constitution." According to Denwigwe, the court refused that prayer and decided that the case was in its proper place before the Federal High Court and to determine it. Donald Chika Denwigwe, SAN, lead counsel to Government of Rivers State and Ken C.O. Njemanze, SAN, briefing journalists after the Federal High Court

in Port Harcourt on Monday declared FIRS collection of Value Added Tax in Rivers State unconstitutional. On the implication of the judgement, Denwigwe said it was now, unlawful for such taxes as VAT in Rivers State to be collected by any agency of the federal government. “In a summary, it is a determination that it is wrong for the federal government to be collecting taxes, which are constitutionally reserved for the state governments to collect. The implication of the judgement is that the government (federal and state) as an authority under the constitution, should be advised by the judgement, that it is the duty of all government authorities to comply with and obey the law so long as the court has interpreted it and said what that law is. “So, in other words, the issue of Value Added Tax (VAT) in the territory of Rivers State and Personal Income Tax should be reserved for the government of Rivers State.” Counsel to FIRS, O.C. Eyibo said he would study the judgment and advise his client.

accounts of the second defendant. The balance in both accounts including N196, 741,216.82 in Sterling Bank and N7, 054,852.01 in Polaris Bank, were swiftly placed on a post no debit to forestall dissipation of the funds pending the conclusion of investigation and determination of the case. The second defendant, in his statement to the commission, admitted that majority of the funds found in his account were from the first defendant, Bakare, who confessed his involvement in Business Email Compromise (BEC), between 2009 and 2020 and also hacking into the accounts of KLM, Turkish Airlines and British Airways. The fraudster were subsequently arraigned before Justice O. A Taiwo of the Lagos State High Court, Ikeja on five-count amended charge bordering on conspiracy and retaining stolen property, an offence contrary to Sections 411 and 328 of the Criminal Law of Lagos State. One of the counts read: “Tobilola Ibrahim Bakare and Alimi Seun Sikiru, sometime in 2020 in Lagos, within the jurisdiction of this Honourable Court, conspired to commit felony to wit: retaining cumulative sum of about $1,000.000,00 (One Million United States of America Dollars) property of KLM, Turkish Airways and British Airways.” Another count reads: “Tobiloba Ibrahim Bakare and Alimi Seun Sikiru, sometime in 2020 in Lagos, within the jurisdiction of this Honourable Court , with a dishonest intent, retained four-bedroom detached duplex situated at Ologolo Jakande, Lekki, Lagos.” They pleaded ‘guilty’ to the charges preferred against them. Delivering judgment, Justice Taiwo noted that the action of the defendants was “responsible for giving Nigeria a bad image globally, whereby the average Nigerian is looked upon as being untrustworthy and fraudulent”. She convicted and sentenced Bakare, to three years imprisonment on counts 1, 2, 3, 4 and 5, with the option of fine of N3million. The Judge also convicted and sentenced Sikiru, to three years imprisonment on counts 1 and 5 with an option of fine of N1 million. Justice Taiwo also held that the five bedroom duplex situated at Ibrahim Eleto Street, Osopa London, Lekki, Lagos, four bedroom semi-detached duplex situated at Ologolo, Jakande, Lekki, Lagos and another four bedroom semi-detached duplex in Southern View Estate, Mayor Court, Chevron Alternative Road, Lekki, Lagos recovered from the first defendant be forfeited to the federal government. The Judge further held that the sums of N196, 741, 216.82 recovered from the second defendant’s company, Alvine International Resources Ventures account domiciled in Sterling Bank and N7, 054, 852. 01 recovered from the second defendant’s account domiciled in Polaris Bank be forfeited to the federal government. Two vehicles, a Mercedes Benz E500 and a Toyota Hilux 2020 recovered from the first defendant were also ordered forfeited to the federal government.

T H I S D AY • TUESDAY AUGUST 10, 2021

TUESDAY, ͹͸˜ ͺ͸ͺ͹ ˾ T H I S D AY

TEN PDP GOVS, SECONDUS REACH DEAL, CONVENTION MAY BE BROUGHT FORWARD However, Secondus, in an earlier statement from his media office, said he would not succumb to pressure to resign. "I can confirm to you that I will not resign," he was quoted as saying. He added that he remained focused in his determination to move the party forward. Meanwhile, the Senate Minority Leader, Enyinnaya Abaribe, and his House of Representatives counterpart, Ndudi Elumelu, yesterday, supported the move by the PDP Board of Trustees (BoT) to resolve the crisis in the party. Abaribe and Elumelu denied reports that PDP members in the House had passed a resolution that Secondus should resign. The clarification was in reaction to a statement by a House of Representatives member from Rivers State, Kingsley Chinda, asking the party chairman to resign. On his part, a former governor of Bayelsa State and member of the upper chamber, Senator Seriake Dickson, faulted calls for Secondus to resign, saying only the national convention is empowered to remove him. The PDP governors had met for over seven hours between 10am and 5pm at the Akwa Ibom State Governor’s Lodge. But about 4.10pm, Secondus was invited to the meeting, which held till 4.50pm After meeting with the PDP governors, Secondus was seen off by the governors of Sokoto and Akwa Ibom states, Aminu Waziri Tambuwal and Udom Emmanuel, respectively. "I can confirm to you that I will not resign", Secondus told reporters as he made to leave the venue. Although a deal to bring the convention backward had been struck, it was not clear if it included the eligibility of Secondus to contest. But the details of the deal’s implementation would depend on the governors’ meeting today with a committee set up by the BoT to interface. Tambuwal told newsmen that the governors had resolved to back the party in its march towards greater unification. Tambuwal, who is Chairman, PDP Governors Forum, said, “We have resolved to work together as a forum on the side of our party and the meeting continues tomorrow.” He added, “Very soon, Nigerians will know that

our party is united.” The Monday meeting, held at the Akwa Ibom Liaison Office in Asokoro, Abuja, was attended by all the PDP governors, with the exception of Deputy Governor of Zamfara State, Barrister Mahdi Aliyu Gusau. Before the forum adjourned, Secondus, who made a brief appearance, said he would not resign from his position. A short statement from his media office, signed by Ike Abonye, said nothing so far warranted his resignation from the party’s highest position. It said a tiny minority calling for the national chairman’s resignation should come clean and tell other members his offence and why he should resign. Secondus promised to remain focussed and committed to the ideals of the party, which he swore to protect and defend upon his election as chairman 44 months ago. Elumelu, who spoke on behalf of the House caucus said, in a statement, "The attention of the minority leader of the House of Representatives, Hon. Ndudi Elumelu, has been drawn to false and misleading publications, purporting that the PDP caucus in the House of Representatives met online and resolved that the national chairman of the PDP, Prince Uche Secondus, should resign. "The publication is, indeed, embarrassing to PDP lawmakers in the House of Representatives, as no such meeting took place. For the avoidance of doubt, no online meeting or any meeting in any form whatsoever of PDP members in the House of Representatives was held, to discuss, let alone arrive at any decision regarding the national chairman or any issue related to the disagreements in the PDP. "Our caucus in the House of Representatives is fully aligned with the intervention and decisions of the Board of Trustees (BoT), the elders and leaders of our party, in finding solutions to the leadership challenges confronting our great party and we await the outcome of their intervention. "While we caution those behind this false and misleading publication to retrace their steps and desist from such, we also urge our party leaders, critical stakeholders, PDP members, teeming supporters, and the general public to completely disregard the said publication.

CBN: DIGITAL CURRENCY WOULD BE CRITICAL NATIONAL INFRASTRUCTURE businesses. Essentially, under the e-Naira regime, individuals and businesses would be able to transfer value in real time through existing and future payment channels. People would also be able to transfer value in real time while offline to other persons and businesses. According to the apex bank, the e-Naira would lower the cost of operations and cash management as well as improve visibility and insight of transaction date for financial institutions. It would also improve opportunities in the financial system, creating new business opportunities from emerging business models, financial products, and services. CBN Governor, Godwin Emefiele had during the recent Monetary Policy Committee (MPC) meeting provided additional clarification on the e-Naira project. Emefiele said if "you have some naira in your account and you choose to convert part of your naira into a digital wallet by way of a digital currency, we will support that. "If, for instance, you have N10 million in your account. Of course, when this starts, the CBN will move some of the balances of banks with CBN to those banks in digital currency. So, you go to your bank, you have N10 million

and you say you want to convert N2 million out of your N10 million into a digital currency. They will debit your account and move it to your wallet of N2 million digital currency, which you can spend across countries." He added, "We think that this is a noble idea and we are not the first...many other central banks are at advanced stages of revealing their own digital currencies. And our own digital currency, which is tagged e-Naira, will certainly come into operation, by the special grace of God, by October and we are working very hard for this." Emefiele also said, "We believe that transactions will be cheaper and more efficient, as there will be less to complete.” He said as Nigeria moved to the digital economy, like the rest of the world, cash would not play in that space. "Therefore, e-Naira, which will represent the digital equivalent of cash, will be used as the fiat currency to effect transactions,” he stated. "And in terms of financial inclusion, we believe that with over 30 per cent of bankable adults still outside the financial system, the ability to have offline payment through our e-Naira initiative will bring most of them into the formal financial sector," Emefiele said.

"We call on all PDP members to remain calm and focused as the elders and leaders of the party will come out with solutions at this critical time." Supporting the House caucus position, their counterparts in the Senate also backed the steps taken by the BoT to resolve the crisis rocking the party. The Senate PDP Caucus, on Monday, stated that it was in full support of whatever steps being taken by the party's BoT to resolve the issues at stake. The Senate Minority Leader, who doubles as Chairman of the PDP Senate Caucus, Abaribe, told THISDAY that though the PDP senators were on annual vacation, they backed the current move by the BoT to restore peace and sanity to the opposition party. Abaribe said, "We are on vacation and support the BoT effort at getting a solution." Chinda and Deputy Leader, Hon. Chukwuka Onyema, had made their online resolution available to journalists yesterday, after they deliberated extensively but specifically on the current charge of “inept leadership” against Secondus. They noted that while PDP and millions of Nigerians nationwide anticipated vigorous and wellcoordinated issue-based national opposition, preparations towards a national convention as well as the 2023 general election, confusion, finger-pointing and needless noise around the party’s national headquarters had complicated the noble objectives and lofty ideals of the PDP and democratic opposition politics in Nigeria. They alleged that Secondus seemed content with occupying the office and preoccupied with holding on to his position rather than preparing for the next elections. This, they claimed, explained why Secondus inexplicably continued to miss endless opportunities that ought to have been utilised for consolidating a viable opposition, skewing party congresses to favour personal future ambition, and frustrating genuine party members across states, which has resulted in mass exit of party members at the National Assembly. Chinda and Onyema lamented that there was no clear roadmap, blueprint or policy programme for the PDP by the chairman, thus, the party was allowed to flow with the tide, only showing up with weak press releases once in a while without commensurate sustainable action. They expressed concern that a further three months under the leadership of Secondus could do grave harm to the party and put its members in a precarious situation. They, therefore, urged Secondus “to consider making the necessary personal sacrifice worthy of a leader in the party’s current

and future interest with a firm assurance of honourable regard and appreciation by the party leadership now and in years to come, by honourably resigning his position as party chairman immediately, to allow the party an early start." Yesterday also, an unsigned statement by some PDP National Working Committee (NWC) members said, "Sequel to the meeting held on the 3rd of August 2021, at Legacy House, where members of the National Working Committee (NWC) sat and decided that a meeting of the National Working Committee (NWC) should be held on the 8th of August 2021 at Hilton to further deliberate on the matter bedevilling the party, the meeting held and extensively deliberated, nine members of the National Working Committee (NWC) agreed that the national chairman, Prince Uche Secondus, has grossly mismanaged the party, highly incompetent, factionalised the party and has lost the confidence of members of the party. "The matter of his resignation was put to vote, six members voted that he should resign and three members abstained from voting. Therefore, the meeting resolved to forward the resolution taken on the 8th day of August to the governors forum, the BoT, the National Assembly caucus of both House of Representatives and the Senate. "We call on all members of the party to remain calm as the party leadership is working tirelessly to resolve the leadership crisis. “In attendance were Deputy National Chairman (North), Senator Suleiman Nazif; National Secretary, Senator Umar Ibrahim Tsauri; National Auditor, Mai Adamu Mustapha; National Financial Secretary, Abdulahi Maibasira; National Youth Leader, Hon. S.K.E. Udeh-Okoye; National Vice Chairman (SW), Taofiq Arapaja; National Vice Chairman (SE), Chief Dr. Ali Odefa; National Vice Chairman (SS), Chief Dan Osi Orbih and National vice chairman (NC), Chief Theophilus Dakas.” The statement further said those who voted for the resignation of Secondus were Nazif, Adamu Udeh-Okoye, Arapaja, Orbih and Odefa. But National Legal Adviser of PDP, Emmanuel Enoidem, disclaimed the meeting of the said members of the NWC, describing it as illegal. In a statement, Enoidem said, “I just saw the above somewhere and as a committed member of this party and by the special grace of God, a member of NWC, I have the following points to make. “By Section 29 (3) of the constitution of our party, it is the national chairman or a summon backed by 2/3 members of the NWC that can validly convene a meeting of the NWC.Subsection

(4) provides for 2/3 members of NWC to form a quorum for a meeting of the NWC. “As a bona fide member of the NWC, to the best of my knowledge, I am not aware of any meeting of the NWC summoned by the National chairman or in the manner provided aforesaid. “It is therefore of grave concern, and indeed, very sad to read the above position purportedly taken by some distinguished members of NWC in utter disdain and violation of clear extant provisions of our constitution.” Enoidem maintained that the power to remove any member of the NWC and, indeed, any national officer was reserved for the national convention, which was earlier slated for December 2021. Speaking, too, Dickson, in a release issued on Monday, flayed the purported meeting by some members of the party's NWC, whom he said went outside the constitution of the party to convene a meeting in a hotel room without the knowledge, consent and presence of the national chairman. He drew the attention of PDP leaders, members as well as Nigerians to the fact that the meeting was the action of a few party officers and did not represent a valid resolution or decision of the NWC known to the PDP constitution. Dickson stated, “The purported meeting and the outcome therefore are part of the plot to contrive a needless crisis in the PDP. It is part of the scheme to call a dog a bad name to hang it. The general public should note that the statement signed by some members: three members of the working committee and three vice chairmen of the party (as indicated in the press release) does not constitute a valid resolution of the National Working Committee. "By the way, the NWC has 19 members and only six of them signed the statement, leaving out the majority of 13, who were not at the meeting and the chairman, who was not aware, who did not attend, who did not authorise and who did not preside over the said meeting and therefore, it is not only a nullity but an act of gross misconduct. “It is all an effort to contrive a crisis in the party to further the ulterior objective of those who are funding it, the intent of which is to cause a major crisis in the PDP." While puncturing a purported statement by the PDP caucus in the House, which asked Secondus to resign, Dickson said, "All this is to create a media frenzy backed up with the sponsored demonstrations at the party secretariat on Monday, which are designed to force the chairman to resign in order to set up a caretaker committee, which is illegal. “Happily, the national

chairman, Prince Uche Secondus, has issued a statement a short while ago that he will not resign. I support this decision fully as it is backed by the PDP constitution. "By the PDP constitution, a vote of no confidence even by a duly constituted NWC or other organs of the party does not remove a Chairman. The chairman is voted for and can only be removed by the National Convention unless on his own volition, he chooses to resign.”

Party Commences Membership Registration

Meanwhile, PDP has commenced online membership registration and revalidation in soe states. The states piloting the initiative in the first phase of the programme are Anambra, Osun, Ekiti, Edo, Adamawa, and Sokoto. Speaking on Monday in Abuja while launching the project, Secondus stated that the “country must at this point in time migrate from analogue to digital. “Data is the key to development; data is the key to proper planning and data is the way a country would be able to attract development from the global community. We as a party cannot do otherwise. We are operating in social media space, so, PDP cannot do without data.” Secondus explained that by offering online registration, the party was providing Nigerians with a transparent platform to harness their democratic potential. He stated, “The project will deepen the process of membership registration and also deepen the process of democracy in attracting development. Usually, in the analogue time, they have to bring the register and if they don’t like your face, you will not be a member. Some people will take the register away. All that has been eliminated.” Chairman of the Board of Trustees, Senator Walid Jibrin, said the e-registration was a demonstration of PDP’s readiness for the 2023 general election. Jibrin assured members that the crisis rocking the party would soon be a thing of the past. “We have spent so many sleepless nights in ensuring that we resolved the crisis within our party in order to make PDP great again and also take advantage of the failures of the APC,” he stated. National Publicity Secretary, Mr. Kola Ologbondiyan, revealed that when the logo of the party was put online during the test-running period, in less than 24 hours, over one million Nigerians indicated interest to join the party. National Organising Secretary, Col. Austin Akobundu (rtd), also said intensified sensitisation had commenced in order to create awareness on the e-registration programme down to the ward level.

STREETS EMPTY, MARKETS, SHOPS CLOSED AS IPOB’S SIT-AT-HOME ORDER TAKES EFFECT in the name of observing the sit-athome order. In a special announcement signed by the Secretary to the State Government (SSG), Mr. Chris Ezem, the governor was said to have directed the Head of Service to ensure full complianceand was also authorised to sanction any civil servant that contravened the directive with the exception of those exempted from work based on Covid-19 guidelines. The police commissioner, Janet Agbede, had in a statement described the IPOB directive for people to stay at home on Monday as "rumour" and assured residents that the police and other security agencies were at alert to protect people and guarantee their fundamental human rights. Owerri, Imo State recorded partial success as scanty people came out, while some parts of the rural areas were empty.

The reason for the compliance of the IPOB order as THISDAY confirmed from some residents were because of the fear of the unknown. According to them, during the reign of the unknown gunmen, there were no security on hand to protect them and even after their operations, the security personnel would come and shoot indiscriminately, thereby killing innocent people from their stray bullets. The state police command had in a statement, advised members of the public to ignore the IPOB order and go about their legitimate businesses with an assurance that adequate measures had been put in place to protect lives and properties. As early as 6.30 am a few people were on the road possibly to test the situation, but soon after, the usual daily boisterous activities

in the town slowed as markets, shops, banks, fast food centres, popular eatery joints/relaxation, mobile food vendors and artisans were curious to display their wares. While the Owerri/Orlu road, Wetheral, Tetlow, Okigwe, PortHarcourt and Onitsha roads were scanty, other areas of the popular Owerri main market also known as Eke Ukwu Owerre, relief market, New market and World Bank markets also recorded some partial movement of people. Information reaching THISDAY indicated that most of the outskirts of Owerri capital city were hard hit even as about three vehicles coming from Umuahia axis were set ablaze burning one person alive and shooting one of the drivers while other passenger were lucky to escape. It was also leant that the drivers of the burnt vehicles ran into the

group suspected to be members of IPOB who subsequently opened fire on the tyres of the affected vehicles. The non-availability of commercial vehicles on the roads for Umuahia, Enugu, Port–Harcourt and Onitsha bound passengers opened the gate for some drivers to make quick money by secretly loading and ferrying desperate passengers through the bush paths before linking with the main roads leading to their destinations. Police Public Relations Officer in the state, CSP Mike Abattim, said they were still studying the situation in the state, especially as he could not immediately confirm any casualty. He however, stated that there were free movement of residents in the state, describing the IPOB order as coming from hooligans, who do not mean well for the people of the state.

T H I S D AY • TUESDAY AUGUST 10, 2021

TUESDAY AUGUST 10, 2021 • T H I S D AY

NEWS

Court Orders Forfeiture of Properties Linked to Okorocha

Justice Fred Njemanze of the Imo State High Court has ordered a permanent forfeiture of Royal Spring Palm Estate linked to the wife of former governor of the state, Senator Rochas Okorocha. The judge also ordered that the Eastern Palm University, Ogboko belonging to the Rochas Foundation to be forfeited permanently to the state government. Njemanze, who is due for retirement today (Tuesday) also ordered a final forfeiture of all the properties contained in pages 226 to 272 of the state government white paper on recovery of lands and properties allegedly belonging to the state government. The properties which were not less than 47 were said to belong to the members of the Okorocha’s family and associates.

The justice held that Okorocha failed to convince the court on why a final forfeiture order would not be made in respect to the properties in question. “There is no reason before me on why the forfeiture should not be made absolute and final. Every property on pages 226 to 272 of the white paper has been forfeited to the Imo state Government and they can do with it whatever they deem fitSome of the properties to be forfeited include, Eastern Palm University, Ogboko, Royal Spring Palm Hotels and Apartments; IBC staff quarters said to have been illegally acquired for the purpose of Rochas Foundation College, Owerri magistrate quarters, Orlu road/cooperative office/ Girls Guide allegedly converted to private use housing market square, Kilimanjaro eatery; Public

Lagos Assembly Approves Sanwo-Olu’s $53.9m Loan Request Segun James The Lagos State House of Assembly has granted the request of Governor Babajide Sanwo-Olu’s for a loan of $53.9 million to take full ownership of the Lekki Concession Company (LCC) the operators of the Lekki toll plaza. The request is for the conversion of the African Development Bank, (AfDB) loan to LCC as a privately owned company of the State Government and to assume full ownership. The request was received from the Executive arm on Monday 21st June, 2021 and was committed to Committee on Finance to further look into it and report its findings to the House. Giving his presentation, Chairman of the Committee, Rotimi Olowo, posited that upon the buy-out of all the shareholdings interest of the Concession Company Limited by the State; Lagos State Government became the subsisting shareholders of LCC with 75 per cent shareholding and the Office of Public Private

Partnerships, shareholding 25 per cent respectively. He further stated in the report that the original $53.9 million loan obligation from a private sector facility, AFDB had been resolved after series of engagement between AFDB, LCC and the state government to convert the loan to a public sector facility with the benefit of a considerable reduction in interest charges of 1.02 per cent of $1.12million bi-annual as against the 4.12 per cent of $2.746million per bi annual thus giving a savings of $1.16million bi-annual or $3.24milliom per annum. The House therefore, granted the executive the approval to convert the AFDB loan to the public sector loan backed up by sovereign federal government guarantee on behalf of the state government as well as; authorise the state government to issue a counter guarantee in favour of the federal government along with an irrevocable standing payment order an itrevocable Standing Payment Order, ISPO to deduct from Lagos State Government statutory allocations.

‘Nigerians Need a President Who Can Unite Country, Tackle Insecurity’ John Shiklam in Kaduna The Chairman of the Kaduna State chapter of the Christian Association of Nigeria (CAN), Rev. Joseph Hayab, has stated that in 2023, the presidency of Nigeria should not be about age or region, but a leader who can unite the country and make things work regardless of other factors. In a statement issued yesterday in Kaduna, Hayab maintained that those talking about age and region are out to promote an agenda that would further divide the country. He said: “What Nigerians need is a leader that can deliver the goods and take the country out of its present security and economic challenges.” Hayab said CAN is opposed to the unhealthy development, and urged Nigerians “not to allow these

short-sighted and selfish considerations to becloud their reasoning. “Nigerians today simply need a leader that can deliver the goods, unite the country and take us out of our economic woes and security challenges. “Those coming out to talk about the age and region of our next president are only out to start an agenda that will further divide us and put Nigeria in a more difficult situation. “Our association, therefore, wishes to warn the country against these unhealthy moves and also to appeal to Nigerians not to allow these short-sighted and selfish considerations to becloud our reasoning. “We have elected leaders in the past because of some of these considerations but it only ends with regrets and lack of progress.”

building plot B/2 Otamiri South Extension Layout given to the ministry of women affairs for establishing a skills acquisition centre for women, allegedly acquired for the benefit of Nneoma Nkechi Okorocha’s all-in stall, Aba road, Plot

P5, Naze residential layout, initially part of primary school management board but now annexed to All-In Stall, Aba Road, belonging to Nkechi Okorocha. However, speaking on the development, counsel

to Okorocha’s wife, Oba Maduagwu, SAN, said that the order was an abuse of court procedure. Meanwhile, the Eselu of Iselu Kingdom, Oba Akintunde Akinyemi, yesterday announced the withdrawal

of the conferment of Otunba Asoludero chieftaincy title on former Imo State governor, Sen. Rochas Okorocha. The first-class traditional ruler also canceled the installation ceremony which was earlier scheduled to hold on Sept. 19.

CLOSING GENDER GAP…

L-R: Chief Executive Officer (CEO), MTN Nigeria Communications Plc, Mr. Karl Toriola; Senior Country Manager, Nigeria, International Finance Corporation (IFC), Kalim Shah; and CEO, Nifgerian Exchange Limited (NGX), Mr.Temi Popoola during Nigeria2Equal Report Launch in Lagos…recently

Oil and Gas Sector Prone to Cyber Attack, Sylva Warns Kingsley Nwezeh in Abuja The Minister of State for Petroleum Resources, Timipre Sylva, yesterday raised the alarm that the oil and gas industry is prone to cyberattack. He, therefore, called on the Nigerian defence sector to avail the federal government recommendations on how the country could prepare in the event of a cyber-attack on the oil and gas sector. But the Minister of Defence,

Maj. Gen. Bashir Magashi (rtd), said the federal government was leveraging on digital technology for enhanced national security architecture. Sylva, who spoke at the National Defence College, Abuja, while delivering the graduation lecture of Course 29 of the college, said if the attack was not quickly prevented, it may lead to distribution challenges and panic-buying as was witnessed in the United States recently.

Speaking on the lecture titled: ‘Enhancing Digital Technology in the Oil and Gas Sector of Nigeria for National Development’, the minister explained that panic-buying usually leads to drained supplies at thousands of gas stations. Sylva said: “The Saudi Aramco case should be instructive to operators in the industry. An employee of Saudi Aramco with privileged access had on August 15, 2012, opened a scam email in an

intentional act of sabotage involving the release of a virus that destroyed the entire computer system of the organisation in hours. “There is also a recent case in the United States involving the largest fuel pipeline in the country, whose operations were shut down for nearly a week after a cyber-attack. “The attack caused distribution problems in the US and panic-buying that drained supplies at thousands of gas stations.”

Women Empowerment, Pathway to Poverty Reduction, Says Finance Minister Ndubuisi Francis in Abuja The Minister of Finance, Budget and National Planning, Mrs. Zainab Ahmed, has stated that the only way to reduce poverty in the country is to train and empower the womenfolk. Ahmed, who stated this during a visit to the National Centre for Women Development (NCWD) in Abuja, praised the Centre for the training it offers, “because it helps in the economic

empowerment for women.” The minister in a statement issued by her Special Adviser on Media and Communications, Yunusa Tanko Abdullahi said: “I will like to suggest here that you encourage the women to open a bank account, which will help them begin to learn how to manage their finances. You can also liaise with some banks to accompany you during your events so that they can help the women open an account with

minimum ease.” She noted that women need an initial financial support to stand, noting that they are also good managers of resources. Responding to some requests by the Director-General of NCWD, Dr. Asabe Vilita Bashir, the minister promised to look at all the requests and see how to help. While congratulating Bashir for what she described as her well-deserved appointment

as the NCWD chief executive, Ahmed said: “I believe in your capacity to re-establish the Centre because of your track record in the area of women development and community service.” Expressing confidence in Bashir’s ability to turn around the fortunes of the Centre, she said: “We know how degraded the Centre is now; before, it was a proud place to be as a woman. I am happy that you have taken up the challenge.

Babangida Mourns Okunbo, Says Death Too Hurtful Former Nigerian Military President, General Ibrahim Babangida (rtd), has said he felt terribly heartbroken to receive the news of the sudden death of Captain Idahosa Wells Okunbo, who he described as his “very good friend, kindhearted man, philanthropist, and uncommon Nigerian.” Babangida in a statement he personally signed and made

available to journalists through Kassim Afegbua yesterday said Okunbo’s death had left him utterly demoralised. The statement read: “Such a great mind exiting this sinful world at the age 63 is a disturbing news about the place of man in this ephemeral journey-a journey of no return, an endless journey to eternity leaving behind painful memories.

”I am still battling with my inner recesses to contend with this sad news. I am wondering why such a good man would die at a time that this country requires his services and contributions. I am asking very loud questions about life and its connotations. Captain Hosa’s death was the least I expected. “We maintained very robust interaction every time, and

there was nothing to suggest he would not return to us back home when he travelled last year to seek medical attention. Each time we spoke, you could feel the vivacity in his voice, his laughter and smiles. ”He spent almost a whole day with me last year few days before he travelled. Little did I know that that would be the end of a journey and a life well lived.”

Visa-free to UAE Not Operational Yet, Says Ghana Embassy Michael Olugbode inAbuja Ghanaian passport holders cannot yet travel to United Arab Emirates, the Ghana embassy in the Arab country has said. A statement issued yesterday by the Embassy of the Republic of Ghana in UAE said the agreement, which would allow travelers with

Ghanaian passport entrance into the Emirates with visa, has not yet come into force. The statement read: “It has come to the attention of the embassy that some publications on the internet and on social media seem to suggest that Ghanaian passport holders can now travel visa-free to the United Arab Emirates following

the ratification by the Parliament of Ghana of the Memorandum of Understanding (MoU) on Mutual Exemption on Entry Visa Requirements between Ghana and the United Arab Emirates. “The embassy urges the public to disregard all such publications and messages. “Even though the agreement

has been ratified by the Parliament of Ghana, the processes for its implementation have not been completed.” The Ghana’s Embassy promised to officially communicate any changes to the current entry visa regime between Ghana and the UAE when the agreement comes into force.

TUESDAY AUGUST 10, 2021 • T H I S D AY

T H I S D AY • TUESDAY, AUGUST 10, 2021

COMMENT

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

PROVIDING SAFETY NET FOR THE POOR

NASSCO, in partnership with the World Bank, is working to reduce poverty in the country, writes Efegadirim Maduabuchi

s poverty level has been on the rise on Nigeria’s social space, at the last count, pulling some 93 million citizens into the poverty trap, the National Safety nets Coordinating Office (NASSCO), an agency of the Federal Ministry of Humanitarian Affairs, has been working assiduously to change this ugly narrative. NASSCO is a strategic component of the federal government established in 2016, in partnership with the World Bank to reduce the impact of poverty and socio-economic vulnerabilities in Nigeria. NASSCO’s core objective is to build Nigeria’s National Social Register (NSR), as well as harmonize and coordinate the government’s social safety-nets programs. These programs include the National Cash Transfer Office (NCTO), implementing cash transfers to targeted vulnerable households; Youth Empowerment and Social Support Operations (YESSO), supporting vulnerable youths with life skills trainings, grants and reorientation; and the Community and Social Development Project (CSDP) providing grants to boost the development agenda of vulnerable communities. NASSCO also provides guidance and framework for administration and system management for supporting the poor and vulnerable, ensuring policy coherence in the social protection sector. Currently, the agency is in the process of building a register of the urban poor, particularly those whose livelihoods have been impacted by the Covid-19 pandemic. This database, known as the Rapid Response Register (RRR) will serve as a gateway for extending cash transfers as a Covid-19 economic cushion, and emergency assistance in times of natural emergencies. The saying, ‘the poor shall always be with us’ has necessitated a response: ‘so shall be various efforts to address their needs.’ Hence, the Muhammadu Buhari government has been working to lift 100 million Nigerians out of poverty. But its plan has been beset with local challenges such as insecurity and insurgencies, coupled with the current global pandemic, Covid-19, which has devastated local and global economies. As of end of 2020, the International Monetary Fund (IMF) estimated that the global economy would lose $28 trillion. Thankfully, the federal government saw this as an opportunity to be creative. It created the Federal Ministry of Humanitarian Affairs, Disaster Management and Social Development (FMHADMSD) as the omnibus agency to design, implement and monitor its social intervention programmes. The ministry, established in August 2019, is headed by Hajia Sadiyya Umar Farouq. Its mission basically is to strengthen official response to complex emergencies and disaster, while providing social protection to poor and vulnerable Nigerians. The mandate of the ministry, though humanitarian in nature and protective of the rights of the vulnerable, also branches into social development. Under this mandate, the ministry inherited the National Social Safety Nets Project (NASSP) which was established in 2016 with a $500 million loan from the World Bank. Social safety nets form part of a broad social protection systems comprising non-contributory transfers in cash or in kind, designed to provide support for the poor and vulnerable in the society and they help to alleviate poverty, address food insecurity and malnutrition; reduce inequality and boost shared prosperity. They also support

NASSCO HAS HELPED TO BRING OPENNESS TO THE PROCESS BY GENERATING AND MAINTAINING A DATABASE OF THE POOR IN NIGERIA. THIS WOULD HELP WITH THE PRESENT INTERVENTION EFFORTS; MORE IMPORTANTLY, IT WOULD SERVE AS BASELINE FOR FUTURE PLANNING BY SUCCESSIVE ADMINISTRATIONS

households in coping with shocks; build human capital and connect people to job opportunities. More importantly, they are crucial to shaping social contract between the government and citizens. The flagship social safety nets programs of the federal government through the Humanitarian ministry, are run through NASSCO which are: National Cash Transfer Office, which undertakes cash transfers to targeted vulnerable households; Youth Empowerment and Social Support Operations, which supports vulnerable youths with life skills trainings, grants and reorientation; and the Community and Social Development Project which provides grants to boost the development agenda of vulnerable communities. All these programs were encapsulated in the federal government’s NASSP. By far, NASSCO established by the Buhari administration, is a marked difference with past intervention programmes in that it had been working to strengthen social safety nets and social protection system in Nigeria. Mr. Apera Iorwa, an accomplished project management professional, is the head of NASSCO. Iorwa says, the core mandate of NASSCO is to lay a strong foundation of rigorous and reliable evidence of poor and vulnerable households in Nigeria, by building a National Social Register (NSR), as well as coordinate, refine and integrate the social safety-net programs into social protection systems, while ensuring policy coherence. NASSCO also facilitates and supports State Operations Coordinating Units (SOCUs) to conduct identification and registration of Poor and Vulnerable Households (PVHHs) and generates knowledge to inform policy and programming such as: livelihoods and knowledge management. Presently, a lot of focus is on cash transfers. Said Mr Iorwa, “In every crisis, pandemic or the great recessions of this world, global best practices depict three stages of interventions. The first one is relief. Relief usually comes in cash and food stamps where you then queue up and collect goods for free and all of that. The second one comes in small grants for small businesses which the government is doing thought CBN and giving grants, loans, survival funds, etc. And then the third one is recovery where you put them in livelihood programmes like skills for job that gives them good job. So, we are in that first stage of relief which is the cash.” Clearly, the need for social intervention is huge. According to the National Bureau of Statistics (NBS) in its 2019 Poverty and Inequality in Nigeria, about 40% of Nigerians or almost 83 million people, live below the poverty line of $381.75 (N137,430) a year. Put graphically, Nigeria now hosts more poor people than some countries with populations almost six times more than hers. This has given fresh impetus to the urgency of the situation. So far, some 7,653,684 poor and vulnerable households (PVHHs), consisting of 32,682,171 individuals from 36 states of the country and the Federal Capital Territory (FCT) have been enrolled in the PVHHS programme. The drive is to add an additional 20 million before long. Incidentally, NASSCO has helped to bring openness to the process by generating and maintaining a database of the poor in Nigeria. This would help with the present intervention efforts; more importantly, it would serve as baseline for future planning by successive administrations.

IT’S TIME TO TAKE BACK ANAMBRA Pita Obiorah writes that the PDP is in a position to win the November governorship election

n 6th November 2021, Anambra State will hold its gubernatorial election. The PDP family in Anambra must now begin to put its house in order with the objective of occupying the “Agu Awka” Government House after about 16 years in political wilderness. Let’s forget the present shenanigans and externally induced confusion by some elements in the Anambra PDP who every four years become external merchants and business profiteers and racketeering agents working in cohort with their sponsors in Abuja, and bent on destroying Anambra PDP for their selfish interests. Presently, PDP has successfully conducted its primary election in Anambra in accordance with its constitution and the electoral act. A worthy winner has emerged in the person of Chief Valentine Ozigbo. The real work now before Ozigbo and PDP is how to convince the enlightened Anambra State electorate to vote PDP into power after almost 16 years of APGA’s entrenched political leadership in Anambra State. This is the hard, challenging job. A tough job indeed with Prof. Chukwuma Soludo, as the APGA standard bearer and Chief Willie Obiano, as the incumbent APGA governor with all the state apparatchiks and machinery behind Prof. Soludo. Prof Soludo too in his own right is not a push over. He has talent, governance and institutional experience, money, brand name, contacts, intellect and comes from the Southern Senatorial zone as Chief Valentine Ozigbo. Despite Obiano/Soludo ticket, the PDP

candidate, Chief Ozigbo is more preeminently qualified to defeat the Chiefs Obiano/Soludo ticket. He is an entrepreneur, top businessman man and job creator, intellectual, grass root person that easily connects with the poor and knows their problems and solves them without making noise, unlike Prof Soludo who is detached from the masses and elitist in approach. With Soludo as Governor, Anambra State and its economy will be thrown into bouts of austerity measures with attendant hunger, suffering and despair. He is a creation of IMF neo liberal capitalist school of thought and we know what IMF economic policies and experimentations means in Nigeria, Africa and the rest of the third world, viz-a-viz high taxes and tariffs against the poor, exorbitant school fees and health cost beyond the poor, removal of subsidies for the poor, cheap disposal of state assets to cronies and purchase of same by his fellow elite, mass sacking of state labor force and other anti- labor and masses policies that will strangulate Anambriarians. This is what Prof Soludo’s IMF inspired and mentored policies will achieve if elected governor under the platform of APGA because he is made in their image and likeness judging by his past work experiences with these agencies of economic doom over many decades. So the sharp ideological contrast between Soludo of APGA and Ozigbo of PDP is clear as day and night. Prof. Soludo political and economic ideology is based on the Nigerian status quo of pseudo capitalism and incompetence while Chief Valentine is of more pro masses, creation of jobs, lifting people out of poverty and growing the middle class, new ideas and innovation.

This is a choice that awaits Anambra people come November 6th, 2021. To keep wandering in the wilderness with APGA’S incompetence, nepotism and non-performance and with trillions of naira debt burden hanging on the neck of future generations of Anambraians with nothing to show for it except bogus lifestyles and purchase of Prado Jeeps, etc., white elephant projects and squander-mania. All the past savings have gone like the harmattan wind. Therefore, the PDP and the good people of Anambra State should understand that this political fight is not for infant boys fighting over cookies. This is a political fight that will determine whether Anambra will go into economic extinction or whether we shall chart a new course of economic prosperity and political stability. There will not be any Zamfara, Bayelsa and the notorious Imo Supreme Court judgments scenarios on November 6th. Anambra people must be given the opportunity to elect its governor in a free and fair election. Ndi Anambra and PDP should not standby and allow our dear state to degenerate further into economic and social anomie. This is the time to stand united and work towards rescuing our state from this APGA mess of cluelessness and incompetent governance of over many years of its strangulation of politics and economy of Anambra-State. We have a good candidate in the person of Chief Ozigbo. This is time for us to rally around his candidature under our big tent umbrella and deliver Anambra State from the clutches of APGA retrogression and non performance. We are tired of government of cabals by cabals and for cabals which APGA and its government represents in Anambra

over many years. Our PDP candidate, Chief Ozigbo will be honest with Ndi Anambra people. He will not lie to ANAMBRA that he will turn Anambra into Dubai overnight. This is the usual lie and propaganda of everyday politician which Prof Soludo and APGA/ APC represents. Chief Ozigbo has simple, workable and implementable manifesto in the areas of security because as a business man and entrepreneur he knows that without adequate security he cannot create jobs and attract investors, carry out Infrastructural developments including rural and urban renewal projects, invest in education, focusing on primary, secondary and vocational trainings; invest in health sector with priority in developing functional primary and village health centers in all the 326 wards in the state with collaborations with the communities as co-owners and stakeholders; massive rehabilitation of our public water works so that Anambra people can have access to potable drinking water in their homes just like every other people in civilized community in the 21st Century. Chief Valentine Ozigbo will use Anambra people’s resources to embark on simple projects that will make us live longer and happy, avoid stress and diseases. He will make the local governments work to make our communities clean from dirt and waste. He will bring back trust to governance in Anambra after so many years of anomie. Anambra PDP and Ndi Anambra, let’s reclaim our destiny. Let’s reclaim our state, Let’s “Make Anambra Great Again”. Obiorah wrote from Lagos

T H I S D AY • TUESDAY, AUGUST 10, 2021

EDITORIAL

INMATES ON DEATH ROW Governors have the choice to commute death sentences to life in prison

he recent charge by the Minister of Interior, Rauf Aregbesola, for governors to sign the death warrants of convicts on death row who have exhausted all avenues of appeal, raises serious fundamental questions about human rights in Nigeria. He made the call so that spaces could become available within the correctional facilities. The mere suggestion that human beings, regardless of their status, should be killed for the purpose of creating space for others is unconscionable. It is even more unfortunate that such a proposition is coming from Aregbesola who as Governor of Osun State for eight years never signed any death warrant. In Nigeria today, there are no fewer than 3008 condemned criminals waiting for their date with the executioners. Without prejudice to the controversial international legal debate on death penalty, we condemn the violation of the fundamental human rights of these condemned prisoners. They have been put in limbo because GOVERNORS CAN state governors have EXERCISE THEIR refused to commute their death sentences PREROGATIVE TO to life imprisonment. COMMUTE DEATH SENTENCES TO LIFETIME Majority of these death row inmates IN JAIL. THEY CAN ALSO are in solitary GRANT SUCH CONVICTS conﬁnement having STATE PARDON, been convicted for THEREFORE PUTTING A such offences as CLOSURE TO THE MATTER murder, treason, treachery, and armed robbery. Some states in the country have also enacted capital punishment for those convicted of kidnappings. As we have consistently argued on this page, governors are not bound to sign the warrants for the execution of people on death row. They can exercise their prerogative to commute such sentences to lifetime in jail. They can also grant such convicts state pardon, therefore putting a closure to the matter. Refusal to carry out any of these executive functions has created a roller coaster of emotions for

Letters to the Editor I WANT TO EAT CAKE

he phrase “Let them eat cake”, commonly attributed to Marie Antoinette, doesn’t make any mention of Vaccination Cards but the French are protesting loudly about them. They and many countries are looking at the introduction of some form of vaccination proof and preferably one that is not easy to forge. This will then allow them to eat cake, have meals out and go to sporting or cultural events and more importantly, safely. The first stage is the double vaccination and then being able to prove it, for many reasons. The first is your own safety and then that of everyone else and finally hopefully everything could return to normal so why are people protesting? The worrying matter is the number of people who without valid medical reasons don’t want vaccinations since in reality they are being selfish and ignorant. Some misguided individuals don’t believe the pandemic exists, that vaccines do actually work, and everyone needs it but they probably believe the Earth is flat and that Trump won. It’s time to tell the French to “Se faire vacciner” and the English to “Get vaccinated”. Please!

Dennis Fitzgerald, Melbourne, Australia

these condemned inmates who have practically been reduced to the status of the living dead. It is an inherent violation on their rights and dignity to keep people interminably on death row, especially for cases that have been concluded by the Supreme Court. Such practice is antithetical and capable of inﬂicting traumatic shock on the condemned inmates awaiting an imaginary death in solitary conﬁnement. In reality, prisoners on death row are condemned to a kind of existential limbo, existing as entities in cold storage rather than living as human beings. We therefore imagine the harrowing spell condemned prisoners go through daily in solitary cells, humbled by the force of an impending death that seems to be an eternity.

M T H I S DAY EDITOR SHAKA MOMODU DEPUTY EDITOR WALE OLALEYE, OBINNA CHIMA MANAGING DIRECTOR ENIOLA BELLO DEPUTY MANAGING DIRECTOR ISRAEL IWEGBU CHAIRMAN EDITORIAL BOARD OLUSEGUN ADENIYI EDITOR NATION’S CAPITAL IYOBOSA UWUGIAREN MANAGING EDITOR BOLAJI ADEBIYI THE OMBUDSMAN KAYODE KOMOLAFE

T H I S DAY N E W S PA P E R S L I M I T E D EDITOR-IN-CHIEF/CHAIRMAN NDUKA OBAIGBENA GROUP EXECUTIVE DIRECTORS ENIOLA BELLO, KAYODE KOMOLAFE, ISRAEL IWEGBU, IJEOMA NWOGWUGWU, EMMANUEL EFENI DIVISIONAL DIRECTORS SHAKA MOMODU, PETER IWEGBU, ANTHONY OGED ENGBE DEPUTY DIVISIONAL DIRECTOR OJOGUN VICTOR DANBOYI SNR. ASSOCIATE DIRECTOR ERIC OJEH ASSOCIATE DIRECTOR PATRICK EIMIUHI CONTROLLERS ABIMBOLA TAIWO, UCHENNA DIBIAGWU, NDUKA MOSERI DIRECTOR, PRINTING PRODUCTION CHUKS ONWUDINJO TO SEND EMAIL: ﬁrst name.surname@thisdaylive.com

eanwhile, there is an ongoing campaign against death penalty. It is generally believed that death penalty as an aspect of a retributive justice does not solve reduction of crimes. Besides, humanists believe that death penalty violates the most fundamental human right – the right to life. According to them, it is the ultimate cruel, inhuman, and degrading punishment. The death penalty, they argue, is discriminatory. An innocent person may be released from prison for a crime they did not commit, but an execution can never be reversed. Speciﬁcally, Amnesty International holds that the death penalty breaches human rights, in particular the right to life and the right to live free from torture or cruel, inhuman, or degrading treatment or punishment. Both rights are protected under the Universal Declaration of Human Rights, adopted by the UN in 1948. And Nigeria is a signatory to the act. Against the background that the Nigeria Correctional Service (NCS) Act provides for some mitigations, we urge Aregbesola to liaise with the judiciary on how to operationalise Section 12(2c) which states that “where an inmate sentenced to death has exhausted all legal procedures for appeal and a period of 10 years has elapsed without execution of the sentence, the Chief Judge may commute the sentence of death to life imprisonment.” That is a better way to free up space in the prisons.

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NIGERIA’S RURAL COMMUNITIES AND BANDITRY

s life in Nigeria has become even cheaper, rural-urban migration has soared, driven upwards by the desperation of many young people to escape not just the lack of amenities and opportunities in rural areas, but also creeping terror. Many of Nigeria`s young rural citizens go through the paces in schools in their communities. Because they want to acquire basic education, they ignore the lack of amenities and opportunities. Once they bag basic education, they become a people in a hurry. They hurry to nearby cities, desperate to change the trajectory of life, not just for themselves and their immediate families, but for entire generations. Spurred on by the grinding poverty and inequality that is their lot, and supported by the prayers and best wishes of their families, they take to the nearest cities where they hope that their stories will change. While some of them make it in the cities which always has scarce resources resulting in fierce competition, a lot of them fall by the way side, or through the yawning cracks of Nigeria`s brutally unequal system. While some of them stick around feeding off the craps of Nigeria`s unequal existence, others are forced to return to their communities to face the vengeful wrath of the conditions they had spurned by their courageous attempts to seek better lives. The hapless among them return as corpses to their wailing communities. The most unfortunate of them all but vanish, leaving their anxious communities to go through interminable days of watching the roads and reading the stars. For over a decade, terror has become as much a Nigerian reality as constant power and water cuts. It is no grandstanding to state that like corruption, terror has become Nigeria`s grand partner in retrogression.

Thus is the trajectory of Nigeria`s seemingly relentless march to disintegration. Scandalously, it is Nigeria`s rural citizens often left with nothing that have been forced to watch the marauders march through their communities with reckless abandon. It is the rural populace who have become weary witness to the ruthlessness of unchecked and uninhabited terror. It used to be a gift to live in Nigeria`s rural areas. Away from the bustle of the cities, the rural areas used to be havens where nature peaked. But not anymore. Not with mindless Boko Haram killers stalking bushes and farms. Not with killer herdsmen prowling forests and biding the opportune time to descend on nearby communities. So, it is not just the cost of lack of access roads that rural communities have to count. It is not just the cost of lack of clean water that they have to count. They do not only have to lament the quality of education given to their children in dilapidated schools or their harvest rotting away for lack of storage facilities. Now, they must also count the cost of blood curdling and mind-boggling terror. They cannot sleep with any of their eyes closed. They cannot go to their farms with any guarantee of their safety. They cannot travel to neighboring villages with any form of assurance that they will not be abducted along the way. They simply cannot encourage their loved ones to visit from the city. There was a time when living in the rural areas was a crown of serenity and tranquility. Now, thanks to terror, it has become a curse. Nigerians must be sufficiently alarmed for the termites determined to rip away the fabric of the country are closing in from the rural areas. Kene Obiezu, Abuja

TUESDAY AUGUST 10, 2021 • T H I S D AY

NEWS

Effective Regulation of Aviation Sector will Improve Safety, Says NCAA Chinedu Eze The Director General of the Nigerian Civil Aviation Authority (NCAA), Captain Musa Nuhu, has said that the agency would do everything possible to ensure that Nigeria retained its record of zero accident on schedule and general flight operations. Nuhu also said that the NCAA would not make concessions in the enforcement of regulatory requirements or the International Civil

Aviation Organisation’s (ICAO) Standards and Recommended Practices (SARPs) in the initial issuance and renewal of all Air Operators Certificate (AOC) irrespective of the personality or organisation involved. He added that NCAA would continue to operate within its mandate to ensure safe, secure and efficient industry as enshrined in the 2006 Civil Aviation ACT. The Director General of NCAA made this known on Monday while reacting

to allegations leveled on the agency by Chief Operating Officer of Tropical Artic Logistics (TAL), Mr. Femi Adeniji, who accused the agency of delaying the reissuance of Air Operator

Certificate (AOC) for the company. Nuhu stated that the TAL fell short in meeting the requirements for the renewal of the AOC as it currently does not have three out of four key

nominated post holders. He said the missing key personnel include the Director of Maintenance, Director of Flight Operations and Chief Pilot. In addition, he also said

that the operator is yet to comply with COVID-19 Industry Restart Program that is mandatory for all industry players before they would receive approval to resume operations.

Ijaw, Edo Warring Communities Urged to Embrace Peace Olusegun Samuel in Yenagoa The Ijaw National Congress (INC) has called on the warring Ikoro, Ijaw community and its neighboring Obazuwa Bini community, both in Edo State, to sheath their sword and embrace brotherly love. There has been a fratricidal crises between the lkoro, an ljaw community and the Obazuwa, a Bini community, both in Edo State. The INC, in a statement signed by its President, Prof. Benjamin Okaba, appeal to the Governor of Edo State, Mr.Godwin Obaseki, who doubles as the Chief Security Officer of the state to act within the ambits of his powers to restore peace and normalcy

to the warring communities. The INC said that they were confident that the governor should extend his fatherly tentacles and treat all the parties involved equally as citizens of Edo State without ethnic biases. “The lNC frowns at this avoidable conflict which has reportedly involved the engagement of lethal weapons resulting in the destruction of lives and property. “This is not acceptable to us as indigenous peoples of ljaw and Bini. The Niger Delta ethnic nationalities are minorities who have over time suffered the same fate of oppression, neglect, deprivation, exploitation and marginalisation generally in the wider Nigeria clime.

CSR IN ACTION…

L-R: Coordinator, Kanu Heart Foundation, Mr. Onyebuchi Abia; Procurement Manager, Nigerite Limited (Etex Nigeria), Mr. Ogunsola Adetunji; and Factory Manager, Nigerite Ltd (Etex Nigeria), Mr. Paul Beinckman, during the presentation of cheque of 2500 Euro as charity donation to the foundation by the company in Lagos...yesterday ABIODUN AJALA

2023: Delta North Monarchs Task Delta Central on Peace, Unity Sunday Okobi Traditional Rulers in the Delta North senatorial district in Delta State have called on the people of Delta Central senatorial district to come together in order to build a stronger bond of peace and unity among themselves. The monarchs posited that unity of purpose of the people was a panacea for the much needed socio-economic and political developments of the area in the current scheme of

things. The traditional rulers, who spoke through the Chairman of the Delta State Traditional Rulers Council, His Royal Majesty, Dr. Emmanuel Efeizomor II, the Obi of Owa, when the leaders and members of DC-23 visited them, stated that the Urhobo people have contributed to the good and happiness of the people of Delta north extraction in recent times. According to him, “The message you have brought is very important; we will discuss

it, do the necessary consultants, and put it in prayers. The way you have spoken means that you are demanding that the right thing should be done. Our appeal is that you go home and put your house in order, and by so doing, God would have answered your prayers. We will not forget those who have helped us, as leadership comes from God, and we pray that God would answers us. “When we say: ‘Urhobo Wadoo’, we know that we are

talking to a people who are part of us in this divide. So your lobby across the state is an indication that we are already talking about peace and harmony of our great state come 2023, and that is what you are here for.” He We are very appreciative that you recognised us the traditional rulers from the Delta North extraction and for bringing this important message to us. We are happy to receive you for many reasons because It is not easy to serve humanity.

the Amotekun. The party said that it read with dismay the defamatory statements the PDP made against Fayemi and suspected that the opposition party might be the sponsors of these dreaded incidences aimed at making the state ungovernable. Recently, the PDP had alleged that Fayemi was showing no concern about killings and kidnappings in the state and asked

the governor to seek help from right places rather than sleeping on the matter. But the APC State Publicity Secretary, Hon. Ade Ajayi, yesterday affirmed that the Fayemi-administration is incurably committed to ensuring the safety and security of lives and property in Ekiti state and slammed the PDP for politicising such a sensitive issue. Ajayi said: “At the federal

level, Mr. Governor works very closely with the federal security agencies, and ensures officers and men posted to Ekiti are supported operationally and logistically in the discharge of their duties. As the Chairman of the Nigeria Governors Forum (NGF), he is a well-respected voice in national discourse on security sector governance and continues to advocate on many important issues.

Kaduna Schools to Remain Closed Until Security Amotekun: Fayemi Ready to Tackle Insecurity, Says APC Improves The Kaduna State Government has said that all primary and secondary schools will remain closed until security situation improves across the state. The Commissioner for Education, Dr Shehu Muhammad, stated this yesterday in Kaduna at a joint press conference with the Commissioner for Internal Security and Home Affairs, Mr. Samuel Aruwan. Muhammad said that the press conference was organised to dispute the fake news going round that schools were directed to reopen for third term on August 9. He explained that the

schools were earlier scheduled to reopen on August 9, but that the ministry was not given the clearance due to ongoing security operations across the state. According to the commissioner, the state government on August 6 announced the postponement of school resumption till further notice as advised by security agencies. however, “We were, surprised that for mischievous reasons, some individuals are circulating misguided information, claiming it was from the ministry, asking schools to resume.

NESREA Seals 12 Companies in Kano for Violating Environmental Law Ibrahim Shuaibu in Kano The Director General of National Environmental Standards and Regulations Enforcement Agency, (NESREA), Professor Aliyu Jauro, has sealed 12 companies in Kano State for violating environmental laws. Jauro told reporters yesterday shortly after the enforcement tour conducted by officials of the agency in Kano. The director general, who was represented by an Assistant Director in the Agency, Mr. Musa Shehu Usman, said that the NESREA was saddled with the responsibility of enforcing

all environmental laws, guidelines, policies, standards and regulations; hence it would not relent in achieving set objectives. “It is worrisome to note that despite repeated sensitisations, some of the facilities and industries have refused to comply with the provision of Environmental Guidelines and Regulations (EGRs).” He maintained that the Agency had embarked on a nationwide enforcement exercise to bring an end to the gross negligence and non-adherence to standards by some industries and facilities whose activities posed a threat to the environment.

Victor OgunjeinAdoEkiti The Ekiti State Chapter of the All Progressives Congress (APC), has condemned the allegation made by the Peoples’ Democratic Party (PDP) that Governor Kayode Fayemi is uncommitted to tackling killings and kidnappings being witnessed in state despite the major role the governor has been playing in the formation and operation of

DSS Asks Court to Cancel Bail Granted to Four Igboho Supporters The Department of State Services (DSS) yesterday filed an application before a Federal High Court in Abuja requesting the cancellation of the bail granted to four supporters of Yorubanation agitator, Mr. Sunday Adeyemo also known as Sunday Igboho. Operatives of the DSS had on July 1 raided Igboho’s residence in Oyo and arrested 12 of his supporters.

The arrested persons were subsequently moved to the federal capital territory (FCT) where they were detained. However, the suspects, through their lawyer, Pelumi Olajengbesi, filed an application asking the court to “inquire into the circumstances constituting grounds of their arrest and detention since July 2, 2021, and where it deems fit admit applicants on bail”.

Ruling on the application on August 4, the Presiding Judge, Obiora Egwatu, granted bail to all the accused persons, saying it was clear that no charge had been preferred against the applicants and that they had been in detention since their arrest. But in a fresh application yesterday, the DSS asked the court to cancel the bail granted to four of the 12 persons.

The DSS is also seeking an order of the court “remanding the 2nd, 4th, 5th and 12th respondents/applicants in the custody of the applicants/ respondents pending their arraignment during the vacation court”. Alternatively, the DSS asked the court for “an order varying upward the conditions of bail granted the 2nd, 4th, 5th and 12th respondents/applicants”.

New Bayelsa Police Commissioner Assumes Duties Olusegun Samuel in Yenagoa The new Commissioner of Police, CP. Echeng Eworo Echeng, yesterday resumed duties at the Bayelsa State Police Command, taking over from now retired CP. Mike Okoli. Prior to his appointment as the Commissioner of Police,

Bayelsa State, Echeng had previously served as Police Component Commander, joint Task Force, Operation Delta Safe, Compol Mopol, Force Headquarters Abuja, CP Central Criminal Registry, FCID, Abuja, DC Border Patrol Force Headquarters Abuja, DC FCID Zone 13, Ukpo- Dunukofia.

He holds BA (Hons) History, from University of Maiduguri, Borno State and attended several courses, notable among them were the Mission Training Cell, Keilce Poland, Officers Conversion course PMF, Gwoza, Unit Combat Course PMF, Gwoza and Tactical Command Course - Police Staff College Jos

A statement by the Command’s Spokesman, Asinim Butwats, said the command solicited the cooperation and partnership of the good and well- meaning people of the state to accord the new commissioner of Police, the necessary support to discharge his duties of maintaining law and order in the state.

T H I S D AY ˾ TUESDAY AUGUST 10, 2021

POLITICS

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

TRENDING NEWS

Can Uba, APC Change the Tide in Anambra? The All Progressives Congress in Anambra is at war with itself, as majority of its former governorship aspirants, chieftains and members have rejected the emergence of Senator Andy Uba as the party’s governorship candidate, writes David-Chyddy Eleke

Abiodun

n June 26, when the entire Anambra State was highly-charged because of the primary election of the Peoples Democratic Party (PDP) which was holding on that day; the All Progressives Congress (APC) was also holding its own. With the two major political parties having their governorship on the same day, the whole Anambra State was a hotbed of political activities. APC had opted for indirect primary election, which was to take place in far flung places in Anambra State, consisting of the 326 political wards in the state. The APC governorship primary has generated so much controversy simply because Governor Dapo Abiodun of Ogun State was alleged to supervise a brazen ‘robbery on democracy’. While members of the APC turned out in large numbers to vote, there was no presence of the party officials at any of the wards between 8am when the election was scheduled to begin and 4pm when it was billed to end. This scenario was observed by this reporter, most members of the party, including governorship aspirants and the leader of the party, who is also the Minister of Labour and Employment, Dr. Chris Ngige. After everyone was tired of waiting and left for their homes, believing the election was possibly postponed, some members of the party, especially those in support of Senator Andy Uba insisted that the election latter held, citing difficulty by the primary election committee, led by Governor of Ogun State, Prince Dapo Abiodun, to mobilize voting materials to the various wards on time for the election, leading to most members who came out to vote returning home without casting their votes. However, none of those who have taken this position have been able to show photographic or video evidence of the voting process. While aspirants of the party were complaining about the shabby nature of the purported election, Governor Abiodun at around midnight on June 27, quickly announced the result of the primary election, declaring Senator Andy Uba as the winner. He proclaimed him the candidate of the party in the state for the November 6 governorship election. His announcement was greeted with criticisms, by members, aspirants and the leaders of the party in the state. Registering his frustration during the exercise, Ngige told journalists that he was also disenfranchised during the election, adding that he came out to his voting centre at Alor Ward 1 in Idemili South Local Government Area of the state, but could not see any party official. “I sent a text message to His Excellency, Prince Dapo Abiodun and told him that nothing was happening in the state, but I did not get any answer from him.”

Ngige

Uba

Ngige’s protest also gave impetus to other aggrieved persons within the party to speak up about their frustration. The state leadership of the party, in a press release signed by the state publicity secretary of the party, Mr. Okelo Madukife also disowned the result. Okelo wrote: “Our attention has been drawn to a set of figures circulating on the internet without signature or attribution and purported to be Anambra APC primaries results. The leader of our great party in Anambra State and Minister of Labour and Employment, Senator Chris Ngige, has proposed Tuesday, June 29, 2021 for the repeat primaries and we recommend that it should be considered. In the time being, the figures should be discarded and discountenanced as they are figments of fertile imagination, with potential of being fatal.” These protests polarized the party in the state, with some groups backing Uba’s candidature as being authentic, while others rejected him, stating that fielding him would lead to automatic failure for the party. The 13 aspirants of the party who contested the election with Uba also added their voices, calling for a cancelation of the process. In what looked like a determination by the national leadership of the party to field Uba as its candidate for the election, the party paid deaf ears to their pleas, giving the indication that Uba may, at last, be fielded as the candidate of the party. When INEC released the names of candidates of political parties for the election about one month ago, expectedly, Uba’s name made it as the candidate of the APC. What is left to be seen is how far Uba can go in winning the election. In Anambra State, Andy Uba rings a bell. Depending on whose ears, it may not exactly be resonating positive chimes, but no Anambrarian can feign ignorance of him. Uba was a presidential aide to former President Olusegun Obasanjo, where he acquired the status of the

Moghalu

most influential of all the aides of the president. He was then highly respected, even among ministers, as he was said to hold the key to who saw the president and who could not. Within the period too, Uba was also influential back home as most office holders, from governor of the state, deputy, commissioners and members of House of Assembly all owed their positions to his nomination. His influence extended to other states too and even at the national level, where he was said to have nominated people for top positions in government. He also contested the governorship seat of the state in 2007, his first attempt, and won overwhelmingly. Most political analysts still taunt his victory then, as he was said to have won with a margin higher than the total number of registered voters in the country. He was, however, unable to reign as governor, as he was removed after 17 days by the court, to let Mr. Peter Obi who had been removed then to complete his tenure. Since then, Uba has made several attempts to return to the Government House, including going to court in 2010 to ask that he be sworn-in as governor-in-waiting, after Obi had finished his first term, on the premise that he won the 2007 election, but the court insisted Obi also had a right to contest for a second term in office. Within the period of these contests, Uba has also gathered a large following, using his political structure, Igwebuike to mobilize voters in the state. He has also used the same structure to win a seat in the Senate twice. He hopes to use it again to win the governorship poll. For Uba, the forthcoming election would be tough if he is allowed as the governorship candidate of the APC. This is because his candidature is already a subject of litigation, with one of his co-aspirants, Dr. George Moghalu contesting it in court. While the growing influence of the APC will be a plus for Uba in the contest,

Ngige and Obi are heavy weights in the zone. While Obi will be working to get people of the zone to vote for Ozigbo and the PDP, it is doubtful if Ngige will work for Uba. This is where a thorough reconciliation is needed in the APC

the protest of known party bigwigs about the process of the primary election may also affect him. In different parts of the country, the APC has witnessed the entry of governors and lawmakers into the party. In Anambra state, a member of the Board of Trustees (BoT) of the PDP, Senator Joy Emordi has also recently joined the APC, giving the indication that a realignment may be on. As much as this will boost Uba’s chances, the protest by leaders of the APC in the state is one action that many think will work against Uba’s aspiration to become governor of Anambra State. Uba hails from Aguata LGA, which is in the southern Senatorial zone, with seven local government areas. Already, the zone is the most favoured for the governorship, all other political parties have selected their candidates from the area too. So, it may not be a smooth sail for Uba to win all seven local government areas as voters may split their votes among other candidates who are from the area: Prof. Chukwuma Soludo of All Progressives Grand Alliance (APGA) and Mr. Valentine Ozigbo of the PDP also hail from same area. Uba will have to rely on allies from the northern Senatorial zone, where the incumbent governor, Chief Willie Obiano hails from, and who will also be galvanizing support for Soludo in the area. In the central Senatorial zone, Uba will rely on his allies too. He has already made a strategic move with the choice of his running mate, Barr. Emeka Okafor, a relative of Senator Chris Ngige, in the hope of swaying the support of the minister. Ngige has since disassociated himself from Okafor’s nomination, leaving Uba to fight for himself to secure votes from the central, which is home to both Ngige and former Governor, Mr. Peter Obi. Ngige and Obi are heavy weights in the zone. While Obi will be working to get people of the zone to vote for Ozigbo and the PDP, it is doubtful if Ngige will work for Uba. This is where a thorough reconciliation is needed in the APC. Uba while addressing journalists days after the election begged his fellow aspirants to join hands with him to win the state for the party, saying that he had suffered similar fate in the past and bore it with equanimity, while still working for the party. However, since the public apology, it is yet to be seen that any of the aspirants have made a U-turn to support him. The stance of the aggrieved APC governorship aspirants will, to a large extent, also determine how far Uba can go in the election. Meanwhile, Uba already prides himself as having 230, 201 votes in his kitty, from ardent supporters who voted him during the primary election-the number with which he clinched the disputed APC ticket in June.

T H I S D AY ˾TUESDAY AUGUST 10, 2021

POLITICS

APGA May Lose Its Only Treasure, Anambra Anambra is the only state where the All Progressives Grand Alliance has its ﬂag ﬂying in the Government House, but that era may be coming to an end, writes David-Chyddy Eleke

Obiano

Soludo

Umeoji

Njoku

or close to 16 years, the All Progressives Grand Alliance (APGA) has kept a vice grip on Anambra State. Anambra is APGA’s trophy state. It is the party’s status symbol for participation in politics in Nigeria. Its hold on Anambra began to slack in the twilight of former governor, Mr. Peter Obi’s eight-year tenure on the party’s platform. Obi deliberately weakened APGA because he was on his way out of the party. He turned his back on APGA and joined the Peoples Democratic Party (PDP), as presidential campaign manager to former President Goodluck Jonathan. Unexpectedly, APGA was able to whip up strong ethnic emotions that helped it to retain the governorship of Anambra. However, the party has been on a free fall since Governor Willie Obiano assumed office on March 17, 2014 as governor. Therefore, APGA has the very daunting challenge of winning Anambra State in the November 6 governorship election. The initial election of former Central Bank of Nigeria Governor, Professor Chukwuma Soludo, it was believed by many, gave APGA a bright chance, but it was all muddled up with the emergence of two more factions of the party, with different governorship candidates. While Soludo had emerged from a rancour free primary election held on June 23; Mr. Edozie Njoku and Hon. Chuma Umeoji emerged from other factions of the party, in primary elections held subsequently. Each faction of the party is claiming authenticity, and asking the Independent National Electoral Commission (INEC) to recognise their candidates. This has led to multiple litigations in courts across the country, including Jigawa, Abuja, Oweri and Awka, and the INEC has also confessed its frustration about the barrage of court orders it receive almost on a daily basis, over who should be and who should not be the candidate of the party. Many believe that the chances of the APGA retaining the state with a candidate like Soludo is very high, but recently, when INEC released the list of candidates, it was a surprise to know that

Hon. Chuma Umeoji was on the list, while Soludo was missing. Anambra people and APGA members who crave for Soludo have been assured by the leader of the APGA and governor of Anambra State, Chief Obiano that Soludo will be on the ballot on November 6. Obiano who spoke to journalists after he returned from vacation in Houston, Texas in USA told party faithful not to bother about the seeming absence of Soludo’s name on the list, saying that Soludo would not only contest, but will also win resoundingly. At the time of filing this report, a Court of Appeal in Awka had already affirmed that Soludo is the authentic candidate of the party, almost coming short of reprimanding the judges of courts in other parts of the country who have assumed jurisdiction in matters beyond their reach. As supporters of Soludo rejoice over this, it is not clear what Umeoji and his team are doing to upstage this. Many believe that Umeoji may just be in the race to spoil the game for APGA, having been disqualified from a primary election contest with Soludo, which was believed to have been orchestrated to ensure a smooth sail for the former CBN Chief. Many political analysts have suggested that instead of APGA losing out, it is better for the party to back Umeoji, to ensure the party continues to hold power in the state, but the question is - can Umeoji truly win Anambra? Who is Umeoji? Can He Win

Anambra? THISDAY has gathered that, as much as APGA wants to win the governorship election, it is also wary of its candidate, as choosing a nottoo-popular politician will give other political parties the opportunity to move in. A teeming number of APGA members believe that in popularity, acceptability, experience and clout, including ability to fund an election, Soludo is a better option. These qualities may be deficient in Umeoji. Hon. Chuma Umeoji is a member of the House of Representatives. He represents Aguata Federal constituency and is a third term legislator. He has previously been chairman of a local government in the state before he moved over to become a lawmaker. He is also from a known family, but a chieftain of the party who spoke to THISDAY, Mr. Chris Eze said: “That (Umeoji) is not the kind of person APGA wants to present as a governor to Anambra people. “Anambra is an ‘A’ in Nigeria, we should be able to present a governor that other governors will come to emulate. We started it with Mr. Peter Obi, who was a well-known businessman and bank executive with accomplished records. We saw what he was able to do in Anambra, and today, Obi is a reference point in the politics of the country. We moved to Obiano who is also a seasoned banker and chartered accountant, with a glowing testimony of service in high-flying companies, and today the testimony

The initial election of former Central Bank of Nigeria Governor, Professor Chukwuma Soludo, it was believed by many, gave APGA a bright chance, but it was all muddled up with the emergence of two more factions of the party, with different governorship candidates

is very glaring too. We don’t want to drop our guard by choosing just anybody. Ask the same Umeoji who is working tooth and nail today to destabilise APGA the efforts APGA made in getting him to the House of Representatives. He should be grateful to the party and not fight it. The same man today cannot be said to have any business he has successfully managed before now. He is not associated with any profession; his highest achievement is being in the House of Representatives where he has even underperformed. I know he has a lot of money at his disposal because of his sister, who is said to be an executive of Zenith Bank and they are using the funds available to them to destabilize the party. “APGA wants to field a man like Soludo, who has seen it all, a man who when he speaks, other governors will listen, not someone who has not completed a small task in the lower Chambers of the National Assembly?” The prevailing thinking in some quarters in Anambra is that candidates of other political parties may be backing Umeoji to continue with his bid, in order to stop Soludo and APGA’s chances. This much Soludo alluded to in an interview before the primary election of the party. He said it was not a surprise to him that politicians from other political parties were interested in APGA’s affairs because they knew that his emergence would diminish the chances of their own political party winning the election. “They will prefer APGA to field a not-so-popular politician, so that it will be easy for them to win the election,” Soludo said. The three most popular political parties in the state; APGA, APC and PDP are still embroiled in struggle for candidacy, but there are feelers that parties will field Prof. Soludo, Senator Andy Uba, and Mr. Valentine Ozigbo as the respective candidates of the three parties. This will square them up with other very popular candidates like; Senator Ifeanyi Ubah, Dr. Obiora Okonkwo and Dr. Godwin Maduka who are running on the lesser known political parties; Young Progressives Party (YPP), Zenith Labour Party (ZLP) and Accord Party (AP) respectively.

T H I S D AY ˾ TUESDAY AUGUST 10, 2021

POLITICS

Igboho: Now, the Odds Favour an Obasanjo Intervention Nseobong Okon-Ekong writes that the current ordeal of Yoruba rights campaigner, Chief Sunday Adeniyi Adeyemo, better known as Sunday Igboho, has oﬀered former President Olusegun Obasanjo a prospect to present himself as a champion of Yoruba causes

Obasanjo

ormer President Olusegun Aremu Obasanjo has been many things; a frontline United Nations Peacekeeper in Congo, Commander of the Third Marine Corps of the Nigerian Army that received the instrument of surrender from Col. Phillip Effiong of the Biafran Army, Chief of Staff Supreme Headquarters under the leadership of Gen. Murtala Mohammed, who was killed in a coup, affording Obasanjo the chance to become Head of State. He entered the history books as a promise keeper when he relinquished power and paved way for democratic governance with Alhaji Shehu Shagari as President. An accomplished farmer, Obasanjo is also a successful, even if, controversial author. For instance, ‘My Command’, for which some of the actors in the Nigerian Civil War took him to task for making outlandish claims. A scholar, born again Christian, a Commonwealth Eminent Person; and the first Nigerian to lead the country as a soldier and a civilian. Twice he’s had a close shave with death; during the peace keeping expedition in Congo in the 1960s and when he was implicated, tried and condemned in a contrived coup plot by Gen. Sani Abacha. He emerged from that harrowing experience in the prison to the presidency. There are few Nigerians, if any, with such a complex and interesting trajectory. In his over 80 years on earth, the former Nigerian President, probably, has little regrets. One of them must be his 1991 failed bid to become Secretary General of the United Nations. He lost in that contest to Mr. Boutros BoutrosGhali of Egypt. An additional secret desire of his is to be revered as the most respected leader of the Yorubas. Obasanjo may have garnered uncountable recognitions, but he is at a loss to explain why his kith and kin do not reverence him in the same manner as they do Chief Obafemi Awolowo and lately, Chief Moshood Abiola. Why can’t he command that sweeping love from them? Why do they think of him as a traitor of Yoruba interests and an apologist of the Hausa/Fulani? In the 1999 presidential election, which returned Nigeria back to civil rule; the Fourth Republic, Obasanjo of the Peoples Democratic

Adeyemo

Party (PDP) was pitched against a former Secretary to the Federal Government and Finance Minister, Chief Olu Falae, who was running on a joint ticket of the Alliance for Democracy and the All Peoples Party (AD-APP), though the two are Yorubas, Obasanjo, towers above Falae, in terms

of clout and achievements, both locally and internationally. The election result confirmed this. Over 18 million votes were recorded for Obasanjo, representing 62.78 percent of total votes cast. Falae scored over 11 million votes or 37.22 percent of the votes. However, a further study of

Obasanjo must be silently thanking his ancestral gods for Igboho; for offering him an opening to acquit himself of the accusation of standing in the way of widely held Yoruba tenets. Possibly, there is no other Yoruba leader who has the influence to consult a sitting or ex-African president at short notice. For once, it appears Obasanjo and the larger Yoruba interest are in the same boat

details of the result reveals that Obasanjo lost in all the six Yoruba states, including his home state of Ogun where he recorded 143,564 votes against Falae’s 332,340 votes. Falae dwarfed him completely in his own home state of Ondo, scoring 668,474 votes to Obasanjo’s 133,323 votes. In Lagos, the former Military Head of State posted an abysmal 11.9 percent of the votes, while 88.1 percent of the votes were recorded for Falae. It was a telling disclosure of how much the Yorubas loathe Obasanjo. He scored another first in 2003, for supervising the first enduring change of government from one civilian administration to another. However, the elections were marred by massive rigging, violence and fraud. In garrison style, Obasanjo; part cajoled and part bullied governors of the South-west states to concede victory to the PDP; except Senator Bola Ahmed Tinubu, who was then governor of Lagos State; the reason Obasanjo holds a personal grudge against Tinubu to this day. Ever since Obasanjo has been looking for opportunities to ward off these embarrassing losses at home. A perfect chance has been provided by the ordeal of Yoruba rights campaigner, Sunday Adeyemo, better known as, Sunday Igboho. While Adeyemo was being chased around in Nigeria by security agents, Obasanjo who has an opinion on every national issue, appeared to pay little attention. The former Nigerian president is widely known for his pan-Nigerian stance; having fought in a war to unite the country. He has never publicly identified with separatist groups, whether in the South-west or elsewhere. Rather he has sustained his image as a much sought-after peacemaker; embarking crucial peace missions for the African Union, the Commonwealth and the United Nations. Obasanjo would not typically swim in the same pool with Prof. Wole Soyinka, an unrepentant Obasanjo antagonist. Soyinka has been consistent in his support for groups seeking self-determination. He told the Nigerian government in clear terms to apologise to Igboho! NOTE: Interested readers should continue in the online edition on www.thisdaylive.com

T H I S D AY ˾ TUESDAY AUGUST 10, 2021

POLITICS

Why Jarigbe Agom Should Take His Seat in the Senate Baba Isa, an Abuja-based Legal Practitioner draws attention to the preparation to ordain an illegality in overturning the ﬁnal decision of the Court of Appeal which declared Jarigbe Agom Jarigbe as the duly elected Senator representing Cross River Northern Senatorial District

Buhari

any Nigerians already believe that the practical concept of the rule of law has taken a serious plunge under the watch of Abubakar Malami (SAN) as the Attorney General of the Federation and Minister of Justice. This is always debatable within the context of our political leanings and the complexions of our jurisprudence. What, I think, no one can seriously disagree with is that there is still enough time in the life span of the Buhari administration to finish strong in the area of adherence to the rule of law, especially as it concerns obedience to court orders. This administration has recorded a massive leap in the area of granting judicial independence to the judiciary. That’s massive. Whether the governors want to implement this in their states is something that will reflect on their own legacies not that of President Buhari or AGF Malami. But a grant of financial independence without a strict policy of obedience to court orders is a total constitutional cum political jiggery pokery. This cannot possibly be the intention of the President or AGF. That’s why I’m concerned that the Learned AGF’s name and sacrosanct office is being bandied around as the presiding bishop for the ongoing preparation to ordain an illegality in overturning the final decision of the Court of Appeal which declared Jarigbe Agom Jarigbe as the duly elected Senator representing the good people of Cross River Northern Senatorial District. Who the candidate of the Peoples Democratci Party (PDP) was in the December 5, bye election to elect the Senator to represent Cross River North in the Senate after the demise of Senator Rose Oko was put to rest by the Supreme Court when it struck out the appeal filed by Stephen Odey, thereby leaving the decision of the Court of Appeal that affirmed the decision of the FCT High Court which declared Jarigbe Agom the candidate of the PDP, ordering that he should be “accorded all the rights and privileges of the party candidate.” Even with this judgement, politics took over. Hon. Agom was not sworn in, in spite of the recommendation of the Clerk and legal unit of the National Assembly that Jarigbe be sworn in. The Senate President refused to swear him in. It was like a bad dream, one impossible in a democracy. The rule of law was, again, sacrificed on the altar of political shenanigans. I’m not privy to what the AGF did to prevail on the Senate to comply with that order of court. After the Supreme Court struck out his appeal, Stephen Odey and his supporters (including his lawyers) started a surreal argument, that the decision they appealed against did not bind them. Appealing was a fatal mistake they made; but no, they don’t want to accept their own legal miscalculation, they rather prefer to bash the judiciary the way politicians do. The only time politicians

Lawan

Malami

agree that a decision of a court is fair and just, is when it favours them. An FCT High Court declared Jarigbe the candidate; a Federal High Court, Calabar, declared Stephen the candidate. Court of Appeal, Abuja affirmed the FCT High Court decision declaring Jarigbe the candidate; and Jarigbe who had already appealed the Federal High Court, Calabar decision to the Court of Appeal Calabar, went and withdrew his appeal and it was withdrawn and dismissed. Now, we have, as it were, two Court of Appeal decisions; with the one in Abuja not even mentioning Stephen Odey at all. Instead of him to leave it as it were and face the Election Tribunal, so that when it eventually gets to the Court of Appeal, they will have to pick from two of their previous decisions to determine who the candidate was; Stephen Odey did the unthinkable! He panicked and went to the Court of Appeal, Abuja, seeking leave to appeal to the Supreme Court. He got the leave to appeal. By that singular act he has made himself a party to a proceeding he was never mentioned. Even at this stage, some of us thought he had a chance; until he blew his chances by failing to serve properly! The Supreme Court struck out that appeal. That was when Stephen Odey remembered that the decision of the FCT High Court didn’t mention him. He started writing letters (letters he would have written when there were two Court of Appeal decisions) talking about how the decision didn’t bind him because he was not made a party at the trial court and how there are no consequential orders. I asked Stephen Odey two questions then that he couldn’t answer and hasn’t answered up to date: if you were not made a party and the decision didn’t bind you or concern you why did you sought leave (beg for permission) to appeal it? If there were no consequential orders, what did the court mean when it ordered that Jarigbe should be accorded all the rights and privileges of the candidate of PDP?

Well, the Supreme Court’s decision settled the issue of candidacy. But Jarigbe wasn’t sworn in. We heard that this was part of the deal brokered by the Governor of Cross River State with the powers that be not to swear in Jarigbe, and in reciprocation he will decamp to the APC and after the election tussle has been put to rest in the Tribunal/ Court of Appeal, Stephen Odey will also cross carpet to the APC. We have seen the Governor decamp and we have seen Stephen Odey lose at the Court of Appeal. The issue of party candidacy is a pre-election matter that the Election Tribunal has no jurisdiction to entertain. When Stephen Odey and Joe Agi (SAN) brought up this issue, again, at the Election Tribunal, the Tribunal rightly held that it has no jurisdiction to entertain this, but went ahead to interpret a Supreme Court decision and decided that the decision didn’t state that Jarigbe was the candidate. It was this reasoning that the Court of Appeal overturned. The Court of Appeal agreed with the Tribunal that it was the PDP that won the elections. But stated clearly that the issue of who the candidate of the party was/is has long been settled by the Supreme Court. Under our laws, votes in an election belong to the political party and in this election, it is the PDP. In deciding who the candidate is, the Court of Appeal as the final court, simply gave effect to the decision of the Supreme Court that Jarigbe Agom Jarigbe is the candidate and that the Tribunal has no powers to decide otherwise. The argument that Jarigbe didn’t participate in all the stages of the elections is stillbirth. Stephen Odey wasted his chances to raise this at the Supreme Court when he failed to serve court processes properly. He is to be blamed for that. No one else. In any case, will that argument even have held water? I don’t think so. Jarigbe participated in all the stages of the election: he was returned as candidate in a

I asked Stephen Odey two questions then that he couldn’t answer and hasn’t answered up to date: if you were not made a party and the decision didn’t bind you or concern you why did you sought leave (beg for permission) to appeal it? If there were no consequential orders, what did the court mean when it ordered that Jarigbe should be accorded all the rights and privileges of the candidate of PDP?

Jarigbe

primary election duly conducted and even observed by INEC and the party, at a stage it was his name that was published by INEC, he campaigned for votes and was voted. Stephen Odey wants to make it look like Jarigbe just fell from the skies to claim the party candidacy. They don’t want to tell you that there were two primaries equally supervised by the party and INEC, they don’t want to tell you that when elections were conducted the space for party candidate was blank in most election documents, they don’t want to tell you that INEC issued a certificate of return to Stephen Odey in compliance with a court order, just like they later did to Jarigbe Agom. Jarigbe participated in all the stages of the election. In any case, now that the final court on this issue has held that Jarigbe Agom is the candidate duly elected Senator, this has been put to rest. It beats me hollow, therefore, when an application is being brought in an attempt to set a final and unappealable judgement aside, and the promoters of this judicial circus are bragging openly that the Attorney General and Minister of Justice is the dance behind this masquerade; because according to them, it’s an APC agenda, since Odey is as good as an APC Senator already. How can you bring a motion before the justices of the Court of Appeal, Calabar, who are on vacation to upturn a decision they didn’t give. The panel of justices of the Court of Appeal who heard the appeal from the Election Tribunal were set up ad hoc by the President of the Court of Appeal, pursuant to his constitutional powers. That panel is now functus officio. Well, this unverified braggadocio is not really my concern; if anything, it just reminded me, that indeed, the Learned Attorney General, constitutionally has a role to play in matters like this: it behoves on his hallowed office to make sure judgements of courts are obeyed, especially judgements of this nature, that touches on the very foundation of democracy, peace and security. I call on the AGF to use his good office to uphold the tenets of democracy and rule of law; not just because his name is being dropped by those who seek to do otherwise, but because his learning, his calling and the law demands so; and because his legacy and that of the President is always at stake in matters like this. The debate about the legality or otherwise of this judgement, like all other judgements, is one that will rage forever - in our courts, law classrooms and academic journals. But it’s a final decision of the final court in this issue and should be obeyed. To paraphrase the legendary Justice Oputa, final decisions of final courts are final and must be complied with not because it is perfect but because the court is final. To do otherwise is to invite chaos. No one, including foreign investors, will take our democracy and institutions, especially our courts, seriously, when we don’t.

T H I S D AY • TUESDAY AUGUST 10, 2021

T H I S D AY ˾ ͯͮ, ͰͮͰͯ

FEATURES

Group Features Editor: Chiemelie Ezeobi Email chiemelie.ezeobi@thisdaylive.com, 07010510430

Boosting Maritime Interoperability through Partnerships Over the last decade, Gulf of Guinea nations have steadily increased their capability of working together and sharing information. That much was evident during the recent visit of United States Ship Hershel “Woody” Williams in Nigeria for maritime security engagement. Chiemelie Ezeobi, who was among the select journalists that went onboard the warship, reports that the partnership included a three-day at sea training exercise with Nigerian offshore patrol vessels and members of Ghana’s Special Boat Squadron

USS Hershel "Woody" Williams at the NPA Jetty in Apapa, Lagos

n securing the vast waters of the Gulf of Guinea (GoG), partnerships are key. Who better to understand this than nations that border the GoG waters, whatever the zones might be. Hence, over the last decade, GoG nations have steadily increased their capability of working together and sharing information. This is because the blue or marine economy is the ecosystem of economic activities centred on trade and actions around large bodies of water ranging from rivers to oceans. When this is managed effectively, it yields better dividends given that over 90 per cent of the world’s trade is conducted by the sea, and this is by far, the most cost-effective way to move large quantity of goods and raw materials around the world. Globally, the economy of nations have been hugely dependent on various maritime activities. Daily, about 180,000 vessels take to sea and 30 million tons of goods are ferried across the world; ports are built, coastal infrastructure are developed, coasts are defended, marine environmental plans are implemented. Gulf of Guinea Lying across 19 coastal and island states, the

GoG coastline, stretches from the waters off Senegal to the south of Angola, and is essentially an enviable treasure trove of rich resources as its waters covers 2.3 million square kilometers (888,000 square miles) and borders more than a dozen countries. Comprising 26 countries grouped into two Regional Economic Communities (RECs) namely -Economic Community of Central African States (ECCAS, 11 states with the return of Rwanda) and Economic Community of West African States (ECOWAS; 15 states), it covers a surface area of 11,755,258 square kilometers,

PHOTO: MALACHI LAKEY including a coastline of over 6000 kilometres from Senegal to Angola. Resource-wise, the GoG countries have an estimated 24 billion barrels of crude oil reserves, that is five per cent of global reserves at five million barrels of crude oil per day. Also, the GoG is also the primary conduit of international trade and is central to the economy of the associated regions. It is increasingly looked upon today as resource provider and critical contributor to national growth and prosperity of the several nations lining its coasts and even those landward and with no shared boundaries.

West Africa alone loses on average 790,000 tons of fish a year to IUU (illegal, unreported, and unregulated) fishing by foreign and domestic industrial fishing vessels. As a result, the region loses an estimated $1.95 billion and $593 million per year in gross revenue and net income, respectively

Diverse Maritime Threats But despite its rich throve of resources, the GoG waters face diverse maritime threats. It's more alarming given that the maritime environment is one of the mainstays of the Nigerian economy. It is a given that these diverse threats of insecurity has over the years been a considerable source of concern as the nation’s network of oil and gas installations as well as associated shipping have been threatened by maritime crimes such as piracy, sea robbery, Crude Oil Theft (COT), illegal oil bunkering, smuggling, Illegal Unreported and Unregulated (IUU) Fishing, militancy and kidnapping for ransom. U.S. Consul General, Claire Pierangelo noted that Illicit maritime activities such as illegal, unreported, and unregulated fishing; the trafficking of weapons, narcotics, and people; as well as the ongoing threat of piracy and oil infrastructure insecurity, undermine the rule of law, food security, and economic development in Nigeria and the greater Gulf of Guinea. According to her, on illegal fishing on the Gulf of Guinea, “West Africa alone loses on average 790,000 tons of fish a year to IUU (illegal, unre-

T H I S D AY ˾ ͯͮ, ͰͮͰͯ

FEATURES

Captain Graham with U.S. Consul General, Claire Pierangelo

Commanding Oﬃcer, USS Hershel "Woody" Williams, Captain Chad Graham (left), with Command Operations Oﬃcer, Western Naval Command, Commodore Daupreye Matthew

US and Nigerian Navy oﬃcers salute as the NN band plays the United States national anthem on the pier beside the Expeditionary Sea Base USS Hershel "Woody" Williams (ESB 4) ported, and unregulated) fishing by foreign and domestic industrial fishing vessels. As a result, the region loses an estimated $1.95 billion and $593 million per year in gross revenue and net income, respectively.” US Collaboration Over the years, the U.S. has shared a common interest with African partner nations in ensuring security, safety, and freedom of navigation on the waters surrounding the continent, because these waters are critical for Africa’s prosperity and access to global markets. In fact, for over 70 years, U.S. Sixth Fleet forces have forged strategic relationships with allies and partners and solidified a foundation of shared values, experiences, and vision aimed at preserving security and stability. U.S. Sixth Fleet, headquartered in Naples, Italy, conducts the full spectrum of joint and naval operations, often in concert with allied and interagency partners, in order to advance U.S. national interests and security and stability in Europe and Africa. It was to bolster such collaboration that United States Ship (USS) Hershel “Woody” Williams arrived Nigeria on Saturday, for a maritime security engagement. During the visit, officers assigned to the Expeditionary Sea Base USS Hershel “Woody” Williams (ESB 4) are expected to participate in a maritime interoperability planning event with leaders from the Nigerian Navy. The vessel is also scheduled to participate in a three-day at sea training exercise with Nigerian offshore patrol vessels and members of Ghana’s Special Boat Squadron (SBS). Speaking onboard the warship, Pierangelo said: "The U.S. - Nigeria bilateral relationship is one of the most important in Africa. We work closely with the Nigerian Navy, and with all of Nigeria’s military services, to counter threats to Nigerian and African security. All have a common interest

in a peaceful, well-policed Gulf of Guinea, and support from the United States and its like-minded partners significantly increases Nigeria’s ability to reach this shared goal. "Illicit maritime activities such as illegal, unreported, and unregulated fishing; the trafficking of weapons, narcotics, and people; as well as the ongoing threat of piracy and oil infrastructure insecurity, undermine the rule of law, food security, and economic development in Nigeria and the greater Gulf of Guinea. "Ship visits like this one clearly demonstrate the United States’ continued dedication to our partners in the Gulf of Guinea as they strive for security of their resources, their economy, and their people. We are delighted that Nigeria is hosting this engagement as we firmly believe that maritime security in Nigeria will lead to greater regional prosperity. "As you may already know, our combined efforts across Nigeria are focused on increasing cooperation on maritime and border security, law of armed conflict and military justice, counterterrorism efforts against Boko Haram and ISIS-West Africa, defense trade, and strengthening governance and transparency of the security sector." Breaking it down further, she said: "The

Nigerian-United States military relationship includes over 559 million dollars in equipment donations and investments in individual sailors and soldiers: For example: major naval asset transfers, such as the NNS OKPABANA and NNS THUNDER, and maritime domain awareness systems have led to increased maritime capabilities, while officer educational exchanges provide personal engagement between our two countries' counterparts. "Last month, 25 officers of the Nigerian Navy Special Boat Service and a team of U.S. Army Special Forces completed a five-week Joint Combined Exchange Training also known as J-CET. Nigeria and the United States work together in multiple bilateral and multilateral military exercises, including African Lion, Flintlock, and Obangame (O-ba-ga-may) Express, as well as strategic maritime security forums. "This ship visit and follow-on at-sea bilateral exercise is part of a close and continuous military partnership between the United States and Nigeria spanning decades to strengthen defense ties and promote regional security." Critical Role of Nigeria Given that Nigeria maintains the largest

Our combined efforts across Nigeria are focused on increasing cooperation on maritime and border security, law of armed conflict and military justice, counterterrorism efforts against Boko Haram and ISIS-West Africa, defense trade, and strengthening governance and transparency of the security sector

navy in the Gulf of Guinea region, the critical role it plays in security and stability of Africa cannot be overstated. According to Hershel “Woody” Williams’ Commanding Officer, Captain Chad Graham, who met with the Chief of Operations for the Nigerian Navy's Western Naval Command (WNC), Commodore Daupreye Franklin Matthew, to discuss their shared commitment to a peaceful, well-policed GoG, “maritime engagements that include many navies working together really improve our interoperability and collective capability, which are absolutely necessary for a busy area such as the Gulf of Guinea “We’re happy to be working with our Nigerian partners to plan our at-sea multinational engagements, and we’re looking forward to a successful event that demonstrates our commitment to maritime security in the region.” While visiting Lagos, sailors assigned to Hershel “Woody” Williams will also help paint Lagos State Model Nursery and Primary School Achakpo Ajegunle, as well as play sports with members of the Nigerian Navy. “We greatly appreciate Nigeria, and the city of Lagos, for welcoming our crew to their country,” Graham said. “Nigeria is the lynchpin for Gulf of Guinea maritime security; our sailors are excited to be working with their counterparts at sea and to engage with Nigerian communities ashore.” About USS Hershel “Woody” Williams USS Hershel “Woody” Williams is the first warship permanently assigned to the U.S. Africa Command area of responsibility. The ESB ship class is a highly flexible platform that may be used across a broad range of military operations. Acting as a mobile sea base, they are part of the critical access infrastructure that supports the deployment of forces and supplies to support missions assigned.

LAWYER

Ahmed Gambo Saleh

WEEKLY PULLOUT

10.08.2021

‘THERE MUST BE ROBUST FUNDING FOR THE JUDICIARY’

2/DASHBOARD

10.08.2021

Whether Charge Can be Sustained Under a Prospective Law PAGE 4

QUOTABLES

‘Reasonable grounds for the suspicion of terrorist financing have been established, or perhaps, have been proven to be in existence, in respect of the transactions of certain higher profile individuals and business men across the country.’ - Abubakar Malami, SAN, Honourable Attorney-General of the Federation and Minister of Justice, Federal Republic of Nigeria

‘From my experience with the All Progressives Congress, when they tell you consensus candidate, just take it as imposition. It has a different connotation under APC.’ - Dr Muiz Banire, SAN, former National Legal Adviser, APC

NASS: Manual or Electronic Rigging? (Part 1) PAGE 5

Will Nigeria Surrender DCP Abba Kyari to the FBI? PAGE 6

10.08.2021

Kyari: The Trial of Nigeria Police Litmus Test for Nigeria There was a quote which trended on social media a couple of weeks ago - something to the effect that, in a court case between two parties, it is the Judge that is really the one on trial and not the parties, since both parties know the truth of exactly what transpired between them. It is for the Judge to pass the test, by doing a proper evaluation of the evidence before the court, and delivering judgement based on the evidence and in accordance with the relevant laws. Putting this quote in the context of the new FBI saga concerning DCP Abba Kyari aka ‘Super Cop’ (these days, aka 'Cop-Puppi'!), this time it is not just Abba Kyari that is on trial, but also the executive arm of Government (including the Nigeria Police Force (NPF)) and the Nigerian legal system that will be facing the court of global opinion. This will be another litmus test for Nigeria. So far, the NPF has taken a step in the right direction by suspending DCP Kyari; but, certainly much more is required from the Nigerian Government. Granted, it is certainly more than embarrassing that a high ranking Police Officer, an award winning ‘Super Cop’ and Intelligence Officer for that matter, could be associated with a criminal like Hushpuppi for whatever reason, even if it is for tailoring services as DCP Kyari claimed! I would even venture to say that having clothes made for someone, connotes a form of closeness and intimacy. A high standard is undoubtedly required from an officer of the law, such as DCP Kyari whose job it is to fight crime and criminals, and not to become ‘besties’ and ‘bro’ with them. Be that as it may, it is trite law that DCP Kyari is presumed innocent until proven guilty (Section 36(5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) (the Constitution). This principle of the presumption of innocence is also firmly enshrined in the American criminal justice system, and even though it is not explicitly stated in their Constitution, the 5th and 14th Amendments thereto, ensure that a Defendant will not be convicted of a crime, unless the Prosecutor proves beyond reasonable doubt that such a person is guilty. See the 1895 Supreme Court of the United States case of Coffin, et al v United States 156 U.S. 432 where the court held that it is the duty of all Judges to explain the presumption of innocence to the juries in their charge (whether asked to or not), and stated the principle of proof beyond reasonable doubt for a pronouncement of guilt. Additionally, DCP Kyari must not be denied his right to fair hearing (Section 36 (1) of the Constitution and Article 6 of the US Constitution). Allegations of Money Laundering That said, it is no longer news that the FBI is looking for DCP Kyari on some allegations of money laundering, bribery and wire fraud, vis-avis receiving funds from one Ramon Abbas aka Hushpuppi, who pleaded guilty and was recently convicted in the US for offences bordering on Money laundering, Fraud and Business Email Compromise (BEC), for which he is facing up to 20 years imprisonment. Money laundering is also a crime in Nigeria, so also is receiving stolen property. Specifically, Section 15(2)(a-d) of the Money Laundering (Prohibition) Act 2011 (MLA) prohibits anybody directly or indirectly, inter alia, from collecting funds which are known to be proceeds of an unlawful act or that such a person ought to have known were unlawful proceeds. The punishment prescribed by Section 15(3) of the MLA, is seven to fourteen years imprisonment. In short, what DCP Kyari stands accused of in USA, is not only a serious crime in Nigeria, but qualifies as an extradition crime (double criminality). See Article 3 of the Extradition Treaty between Nigeria and USA. See also Section 427 of the Criminal Code Act (CC) (applicable in Southern Nigeria) and Section 316 of the Penal Code Act (PC) (applicable in Northern Nigeria). Needless to say, ‘scamming’ which was Hushpuppi’s occupation, is also an offence in Nigeria, as even most Nigerian children are aware of what ‘419’ is (obtaining by false pretences with intention to deprive the owner etc), aside from the Cyber crimes involved in his actions. Extradition It would definitely be awkward for the FBI to try any kind of chicanery in Nigeria, that is, extraordinary rendition - abducting DCP Kyari, and forcibly taking him to USA; though, if they did, it would not be the first time. In December, 2000, in connivance with the Nigerian Government (the operative word here being connivance), an abductee was forcibly taken to US by the American Government to answer to money laundering charges. The District Court in New York, however, freed the abductee, on the grounds that it lacked jurisdiction to entertain the matter because Nigeria and US had violated their Extradition Treaty. It is doubtful that any such connivance can happen in

DCP Kyari’s case, because as a decorated Police Officer, if anything, he will probably enjoy sympathy in some quarters. Definitely, things will have to follow the proper procedure. In Case No. 2:21-cr-00203, USA v Abba Kyari, the FBI prayed the US District Court in California to order the arrest of the Defendant, and a warrant of arrest has been so issued. In matters of extradition, a person is deemed to be wanted for trial when a warrant is issued by the court of the country applying for extradition (requesting country), that such a person be brought back to answer to criminal allegations levelled against them. Presently, it has been reported that, so far, there has been no formal request to extradite DCP Kyari to the US to face trial. Again, like Nnamdi Kanu and Sunday Igboho, DCP Kyari does not fit into the definition of a Fugitive as stated in Section 21(1) of the Extradition Act 1966 (EA), because even though he is accused of committing a crime in the US, he didn’t go there physically to commit the crime, nor did he flee from there to Nigeria like Senator Kashamu, to escape prosecution. See the case of Udeozor v FRN 2007 15 N.W.L.R. Part 1058 Page 499 at 522. The EA requires amendments to be updated to present day, not just in its definition of a Fugitive, but to accommodate offences like BEC which can be committed from anywhere, without the actual physical presence of the perpetrator on the soil of the legal authority accusing them of the crime, and without fleeing from prosecution from the foreign land; the definition should also include Fugitives who have committed crimes in Nigeria, and have fled to other jurisdictions to escape prosecution or imprisonment. Nigeria/USA Extradition Treaty Be that as it may, Nigeria has an Extradition Treaty with USA (ET), though it was signed by the British on December 22, 1931 (and came into force on June 24, 1935) during the colonial days. However, Nigeria is bound by the ET, because it inherited the treaties and laws of its colonial masters on the attainment of independence on October 1, 1960. The ET is recognised by Section 1 of the EA, and will be applied in accordance thereto. See the case of Udeozor v FRN (Supra), where the Court of Appeal also affirmed the existence of the Extradition Treaty between Nigeria and USA. Article 1 of the ET states that both countries undertake to give up to each other, persons accused of or convicted of specific crimes, which are enumerated in Article 3, and include receiving money or other property knowing same to have been stolen or unlawfully obtained or through fraudulent means and bribery (which I believe may be part of what DCP Kyari is wanted for). The ET also states that the crime must be a crime in both Contracting Party States; and I have cited some relevant provisions above to evince the fact of double criminality, in the charges against DCP Kyari. Extradition Process The NPF has set up a Committee to investigate this matter. But, here comes the twist. Article 4 of the ET states that an individual shall not be extradited for several reasons, including if such a Defendant is already under trial in the country applied to for the extradition (requested country), for the same offence for which extradition has been demanded (Section 3(5) of the EA). What is the essence of the NPF’s investigation of DCP Kyari? To genuinely establish the facts, so that an informed decision can be made by the AttorneyGeneral of the Federation (AGF) on whether he should institute extradition proceedings when he eventually receives the extradition request? Or to frustrate America’s extradition request, by using the investigation ‘findings’ to file a charge against DCP Kyari here, knowing it can take 10/15 years of litigation all the way to the Supreme Court, in order to prevent his extradition to USA or to

DCP, Abba Kyari

have the resultant effect of adjourning it 'sine die', that is, with no date for resumption of extradition proceedings?! Simply delay the extradition process, especially as the wheels of justice may sometimes move rather slowly in Nigeria. In the 2014 case of USA v Kayode Lawrence Criminal No. 4:03-cr-436-1, even though the Defendant was arrested and detained by the Nigerian authorities in 2004, he was not extradited to the US to face drug charges until 2013. In any event, how fair or unbiased can the Police investigation be, seeing as they are investigating one of their own? Nemo judex in causa sua - no one should be a judge in a matter which he has an interest - can this principle of natural justice be extended to the Police investigation of DCP Kyari? To activate the extradition process, the US Government through its Embassy, will make a formal application to the AGF for DCP Kyari’s extradition (See Section 6 of the EA). Upon receipt of such request, the AGF has the discretion to refuse to grant the extradition request based upon conditions set out in the ET which may not have been met, or on the aforementioned conditions that preclude extradition, and in this case, the extradition process will end. On the other hand, if the AGF grants the request, he will commence extradition proceedings at the Federal High Court, by virtue of Section 251(1)(i) of the Constitution which vests the Federal High Court with extradition jurisdiction. See the case of AGF v Godwin C. Nzeocha Charge No. FHC/L/336c/2011. The Administration of Criminal Justice Act 2015, also guides the process to be adopted in extradition proceedings. The evidence against DCP Kyari has to be sufficient in the eyes of Nigerian law for the extradition request to succeed (Article 9 of the ET), and this would be contained in the warrant for his arrest attached to the extradition request. Since DCP Kyari has the right to oppose the extradition request in court, his legal team will try to vehemently prove inter alia, that he received the funds from Hushpuppi for tailoring purposes, and didn’t know they were proceeds of an unlawful act! Of course, many social media enthusiasts who followed Hushpuppi may argue otherwise, and say that the ostentatious and lavish lifestyle which he constantly displayed on Instagram left no one in doubt of his dubiousness, and would be a cause for concern for most responsible, reasonable people, let alone an Intelligence Police Officer. A stronger reason which could be canvassed against his extradition, would be that he won’t get a fair trial in the US, possibly on the basis of racism and nationality, because of America’s aversion to Nigerians accused of BEC crimes and the like (Section 3(2)(b) of the EA). Conclusion This new saga, ‘Cop-Puppi Gate’ or ‘Kyari Gate’, even if he is found not guilty by the American court, has further damaged the already battered image of Nigerian law enforcement. At least one other Nigerian has come out to accuse the Super Cop of brutalising him in the name of collecting money for someone who claimed that he owed him, or something to that effect. It is trite that law enforcement agencies like the EFCC, the Police and Army, are not debt recovery agencies, and they should not be used as such. This allegation is similar to that of Kelly Chibuzor Vincent, who Hushpuppi asked DCP Kyari to deal with for double crossing him; again, this matter is not within the purview of the functions of NPF. See Ogbonna v Ogbonna 2014 LPELR-22308 (CA); Anogwie v Odom 2016 LPELR-2014 (CA); Skye Bank Plv v Emerson Njoku 2016 LPELR-40447 (CA). That these are trying times for DCP Kyari, is an understatement. However, I wonder whether he actually realises it. Last week, there was a

Ramon Abbas aka Hushpuppi

“I WOULD EVEN VENTURE TO SAY THAT HAVING CLOTHES MADE FOR SOMEONE, CONNOTES A FORM OF CLOSENESS AND INTIMACY. A HIGH STANDARD IS UNDOUBTEDLY REQUIRED FROM AN OFFICER OF THE LAW, SUCH AS DCP KYARI WHOSE JOB IT IS TO FIGHT CRIME AND CRIMINALS, AND NOT TO BECOME ‘BESTIES’ AND ‘BRO’ WITH THEM”

feeble attempt by some spurious websites, in an obvious attempt to defend him, to mislead the public by claiming that DCP Kyari’s name was only mentioned, and that the FBI had explained that he has no case to answer! Hogwash! Again, this does not augur well for Nigeria, as it simply shows our penchant for ‘white-washing’. I urge the NPF, AGF and the Nigerian legal system, to do justice to this matter. Rome was not built in a day, but eventually, it was built. Nigeria needs to start to repair her global image - and this will be a start. Guilty or not, the decent thing to have done in the face of such serious allegations, would be for DCP Kyari to resign, but, I can bet my bottom dollar that he will not - doing the honourable thing in this kind of situation, is not a common occurrence in Nigeria. We prefer to do ‘bold face’ and ‘wrong and strong’! This is not to say that DCP Kyari should be extradited if the Americans cannot prove that he has a case to answer; but rather, that if it is established that DCP Kyari definitely has a case to answer in US, that the Nigerian system should not resist his extradition. In any event, extradition is certainly not proof of guilt. Since the world is watching, America will also be constrained to do justice to the matter.

4/LAW REPORT

Whether Charge Can be Sustained Under a Prospective Law Facts The Defendants were charged before the High Court of Kaduna State on an eight-count Charge of conspiracy to commit an illegal act, abetment of the commission of the offence of culpable homicide punishable with death; commission of the offence of unlawful assembly; commission of the offence of wrongful restraint; commission of the offence of disturbance of public peace, promoting unlawful assembly, abetment of the commission of the offence of voluntarily causing grievous hurt without provocation, and abetment of the commission of the offence of inciting disturbance. The charges were brought pursuant to, and as punishable under various Sections of the Penal Code Law of Kaduna State, 2017. It was the case of the Prosecution that on 12th December, 2015, the Defendants, who were leaders of the Islamic Movement in Nigeria (“IMN”), abetted other members of IMN who were armed with dangerous weapons to commit the crimes, when they blocked major roads within Sabon Gari, Zaria and prevented the convoy of the Chief of Army Staff of Nigeria and other members of the public from gaining access to the roads. The Prosecution alleged that the Defendants also abetted other members of IMN to cause the death of a certain Cpl Yakubu Dankaduna, among the entourage of the Chief of Army Staff, who was allegedly shot when he alighted to try to disperse the members of IMN and clear the blockade. The 1st and 2nd Defendant pleaded not guilty, to the eight counts. The plea of the 3rd and 4th Defendant could, however, not be taken, as they were at large. Thereafter, the court invited counsel for the Prosecution and the 1st and 2nd Defendants, to address it on the legal implication of the charges brought pursuant to the Penal Code Law of Kaduna State 2017, on offences that were alleged to have been committed in 2015. After submissions of counsel on the point raised by the court, and after the Prosecution closed its case, counsel for the 1st and 2nd Defendant made a No Case Submission.

Honourable G. I. Kurada J

In the High Court of Kaduna State In the Kaduna Judicial Division Holden at Kaduna On Wednesday, the 28th day of July, 2021

Issues for Determination In its ruling on the No Case Submission, the court considered the following issues:

Before Their Lordships

1. Whether the Charge against the Defendants under the Penal Code Law of Kaduna State, 2017 which was not in force in 2015 when the offences they were accused of were allegedly committed, could be sustained.

G. I. Kurada J Honourable Justice of the High Court of Kaduna State

2. Whether the evidence led by the Prosecution in proof of each count of the charge against the 1st and 2nd Defendant, disclosed a prima facie case against them to warrant the continuation of the trial.

Between

Arguments On the first issue, the Director of Public Prosecutions (“DPP”) of Kaduna State submitted that the Charge pending before the court against the Defendants, was valid. He argued that Section 398 of the Penal Code Law, 2017 repealed the Kaduna State Penal Code Law, CAP 110 of 1991 which was in operation at the time the offences were committed; hence, it would not have been lawful to charge the Defendants under the repealed Penal Code Law of 1991 in 2017. Responding, counsel for the 1st Defendant submitted that counts two and eight of the Charge were not known under the old Penal Code, and cannot be saved by the Penal Code Law, 2017. For counts three to six, he aligned himself with the position of the DPP that some of the ingredients are recognised under the old Penal Code and were valid; however, this was without prejudice to their No Case Submission. Counsel for the 2nd Defendant adopted the position of counsel for the 1st Defendant. On the 2nd issue, counsel for the 1st Defendant submitted that the Charge of conspiracy was not proven against the 1st Defendant, and the totality of other offences was based on the allegation that the 1st Defendant used his position to abet certain people to commit serious offences. He argued that it was not enough to make an allegation of abetment, there must be evidence that the act abetted was actually committed, and during cross-examination of the Prosecution’s witnesses, it was established that all the IMN members that blocked the road were arrested and had been prosecuted before a separate court, and none of them gave evidence that they were abetted to commit the offences they were charged with. Furthermore, there was evidence showing that the said IMN members were discharged and acquitted; the implication was therefore, that the act complained of was never committed. On his part, counsel for the 2nd Defendant submitted that there was no evidence of any meeting between the 2nd Defendant and other Defendants or persons, or evidence of common intention or any act by the 2nd Defendant linking her to events, with respect to the blockade of the roads on 12th December, 2015. He argued that merely being the wife of the 1st Defendant, cannot amount to abetment or any offence at all. In respect of this issue, the DPP submitted that, in law, conspiracy can be made without the parties meeting or knowing each other, and a conspirator can be convicted without the principal offender being convicted; the same as abetment. He urged the court to overrule the No Case Submission and call on the Defendants to enter their defence. Court’s Ruling and Rationale Deciding the first issue, the court held that a Defendant can only be charged under a law that was in force at the time the alleged offence was committed - MOHAMMAD SELE

Charge No: KDH/KAD/60C/2018

THE STATE .1. 2. 3. 4.

And

PROSECUTION

MALLAM IBRAHIM EL ZAKZAKKY MALLAMA ZEENAT IBRAHIM YAKUB YAHAYA KATSINA (AT LARGE) SANUSI ABDULKADIR KOIKI (AT LARGE)

DEFENDANTS

(Lead Judgement delivered by Honourable G. I. Kurada J)

v THE STATE (1993) LPELR – 3030 (SC). Relying on the decision of the Supreme Court in BELLO BA’RAU GUSAU v ALL PROGRESSIVES CONGRESS & 3 ORS. (2019) 2 SCNJ (Pt. 1) 1, the court held that if an amendment to an existing law is an enactment of a substantive law rather

“….. A DEFENDANT CAN ONLY BE CHARGED UNDER A LAW THAT WAS IN FORCE AT THE TIME THE ALLEGED OFFENCE WAS COMMITTED….. IT IS THE SUBSTANTIVE LAW IN OPERATION AT THE TIME AN OFFENCE IS SAID TO HAVE BEEN COMMITTED, THAT HAS TO BE REFERRED TO WHEN A PERSON IS CHARGED TO COURT”

than a matter of procedure, then the operation cannot be retrospective and must be prospective. It also relied on Section 36(8) of the 1999 Constitution and adopted the decision of the Supreme Court in GABRIEL DAUDU v FRN (2018) LPELR – 43637 (SC), where the Apex Court held that it is the substantive law in operation at the time an offence is said to have been committed, that has to be referred to when a person is charged to court. Further, by the provision of Section 400 of the Penal Code Law, 2017 any act established as an offence under the Penal Code Law, 1991 shall continue to be so until the final determination of such case under that law. His Lordship held that the Charge against the Defendants under a substantive law that was not in operation at the time the offences they were charged with were allegedly committed, was incompetent, and fundamentally defective, and the Defendants could not answer to same. Notwithstanding the conclusion above, the court proceeded to consider the Defendants’ No Case Submission, holding that a Charge does not constitute evidence, and the onus is on the Prosecution to prove the allegations or elements of the offence strictly as contained in the Charge, since the purpose of the Charge is to give good notice to the Defence of the case against it. The evidence led by PW4, PW5 and PW6 were in respect of other events involving the IMN, which happened at other places and at other times totally different from the events of 12th December, 2015. Their evidence was thus, irrelevant to the Charge before the court. The court held further that, the fact that the 2nd Defendant is the 1st Defendant’s wife does not amount to a conspiracy or abetment of an offence. All the eight counts alleged that the Defendants were leaders of IMN; however, none of the Prosecution witnesses testified that the 2nd Defendant is the leader, or a leader of IMN. The evidence against the 2nd Defendant, therefore, did not disclose the commission of the offences alleged against her, to require any explanation from her. On the Charge of criminal conspiracy against the 1st Defendant, His Lordship found that although conspiracy may be a matter of inference from the evidence before the court, there must however, be evidence of certain criminal acts of the parties charged, done in pursuance of an apparent criminal purpose, from which the court can make its inference - GODWIN DABO & ANOR v THE STATE (1977) ALL NLR 146. No prima facie case for the offence of conspiracy had been disclosed against the 1st Defendant, as there was no evidence before the court or circumstances from which the court could infer that the 1st Defendant engaged in an agreement with other members of IMN to commit the offences. On the 2nd, 3rd, 4th, 5th, 7th and 8th counts which bordered on abetment of the commission of several offences, the court held that the act abetted must have been committed in pursuance of the abetment, in order to constitute an offence punishable under the section. If an act has not been committed or proved to have been committed, it follows that it could not have been abetted. In the instant case, however, there is absolutely no evidence of any act of encouragement by the Defendants on 12/12/2015 to the “other members of the sect” the Defendants are alleged to have abetted to commit the alleged offences, as alleged in the Charge. The court held further that the normal practice is for the person alleged to have abetted an act or omission, to be charged together in the same Charge with the person alleged to have been abetted to do the act. Both will then be before the court, or at least be given the opportunity to be in court and be heard when the case is heard. The court will then be clothed with jurisdiction to consider the evidence, and make findings and pronouncement as to whether the offence was actually committed. In the instant case, the identities of the other members of the sect they were said to have abetted were not disclosed in the Charge; they were not charged together with the Defendants, and there was no evidence that the acts of the other members of the sect which the Defendants were alleged to have abetted, were actually committed. On the 6th count of promoting unlawful assembly by encouraging people to join the Islamic Movement in Nigeria which is not a registered organisation, the court held that there was no evidence of any identified person that the Defendants encouraged to join the organisation on 12/12/2015 at Zaria. Those alleged to have killed the said Cpl Dankaduna were not made parties to the Charge; therefore, the court lacked the jurisdiction to determine evidence given in their absence, and conclude that they actually killed the deceased. More so, by the evidence before the court, members of IMN had been charged in a separate Charge before the High Court, Bida Road for all the offences alleged in the instant case, including the killing of Cpl Dankaduna, but there was no evidence that the court found the offences to have been committed. No Case Submission Upheld; Defendants Discharged. Representation D. Bayero, Director of Public Prosecutions Kaduna State, for the Prosecution. Femi Falana, SAN with Marshali Abubakar for the 1st Defendant. Edwin Inegedu Esq. for the 2nd Defendant. Reported by Optimum Publishers Limited, Publishers of the Nigerian Monthly Law Reports (NMLR)(An affiliate of Babalakin & Co.)

10.08.2021

NASS: Manual or Electronic Rigging? (Part 1) Introduction

he National Assembly was thrust into chaos during the consideration of the Electoral Amendment Bill on the 15th day of July, 2021. Both Houses of the National Assembly were presented with the duty of reviewing the Electoral Act of 2010, by the advent of the Electoral Amendment Bill. While the House of Representatives was unable to pass the Electoral Act Amendment Bill because of major contentious issues that emanated during the debate, the Senate, however, successfully passed the Electoral Act (Amendment) Bill, 2021 (“the Bill”). While this amendment should have been an upgrade to the Electoral Act, 2010, the reverse seems to be the case. The Bill dragged Nigeria back into the past, when its Clause 52(3) stripped the Independent National Electoral Commission (INEC) of the exclusive powers to conduct voting electronically. The Senate’s ruling was divided between members of the ruling All Progressives Congress (APC) and those of the Peoples Democratic Party (PDP), on the practicability or otherwise of transmitting election results electronically. The debate on this sole issue rendered other provisions in the Bill less prominent, as it became the centre of attention. While all the supporters for Clause 52(3) of the Bill were members of the APC, members of the PDP expressed their reservations and voted otherwise. It is brow-raising that significant Bills and Laws passed in Nigeria seem to be debated more on a party-basis, rather than on the basis of merits. The decision of the Senate has received nationwide scrutiny for its unconstitutionality, and as a Constitutional Lawyer who always seeks to contribute to Nigeria’s development, I cannot sit and watch from the side-lines as a spectator. It is on this basis, that I offer my humble analysis of the Senate’s decision. INEC The 1999 Constitution establishes INEC as a Federal executive body, tasked with regulating elections into different political offices in Nigeria. The Constitution broadly defines the scope of the Commission’s powers, functions and responsibilities, and provides for the appointment of the Chairman and other members of the Commission by the President, subject to the Senate’s confirmation. The functions of INEC include, organising and supervising all elections to political offices; registering and monitoring the operation of political parties in accordance with the provision of the 1999 Constitution and Acts of National Assembly; conducting voter and civic education; promoting knowledge of sound democratic election processes; etc. Notwithstanding the appointment of the Chairman and other members of the Commission by the President (Executive) subject to confirmation by the Senate (Legislature), INEC is an independent body. The word “independent” is forged into INEC’s name, to emphasise the importance of its independence when carrying out its functions. Moreover, its mission statement reads, “to serve as an INDEPENDENT and effective EMB committed to the conduct of free, fair and credible elections for sustainable democracy in Nigeria”. INEC is therefore, empowered to carry out all its functions independently, free from external control and influence. Both the 1999 Constitution and the Electoral Act, 2010, provide that INEC is the regulatory body in charge of operating the electoral system of voting in Nigeria. Electoral System of Voting The electoral system or voting system in Nigeria, is a set of rules that determine how elections are conducted and how their results are determined; when elections occur; who is allowed to vote; who can stand as a candidate; how ballots are marked and cast; how they are counted; how they translate the election outcome; and other factors that can affect the result. The duty to operate Nigeria’s electoral system has been bestowed on INEC, by the Constitution of the Federal Republic of Nigeria, 1999. Section 78 of the 1999 Constitution provides, in clear and unambiguous words, thus: “The registration of voters and the conduct of elections shall be subject to the direction and supervision of the Independent National Electoral Commission”. Electronic Voting Electronic voting (also known as e-voting) is voting that utilises electronic means, in aiding the casting and counting of votes. It encompasses a range of internet services, from basic transmission of tabulated results to full-function online voting, through common connectable household devices. E-voting may be limited to simple tasks such as marking a paper ballot, or comprehensive enough to include vote input, vote recording, data encryption and transmission to servers, and consolidation and tabulation of election results. E-voting can be done either physically (through electronic voting machines located at polling stations, which can be supervised by representatives of governmental or independent electoral authorities) or through remote means (such as the internet, where the voter submits his or her vote electronically to the election authorities, from any location. A functional e-voting system must perform most of these tasks while complying with a set of standards established by regulatory bodies, and must also be capable to deal successfully with strong requirements associated with accuracy, privacy, security, integrity, swiftness, auditability, accessibility and effectiveness. This regulatory body is provided by Section 78 of the 1999 Constitution to be INEC. Types of Electronic Voting Systems and Countries that have Utilised Them Paper-based Voting Systems Electronic voting systems for electorates have been in use since

Senate President, Ahmed Lawan

Speaker, House of Representatives, Femi Gbajabiamila

the 1960s, when the United States of America (USA) made use of punched card systems in its 1964 presidential election. Since then, different types of electronic systems have been utilised during elections. Paper-based voting systems originated as a system where votes are cast, and counted by hand. But, electronic tabulation gave rise to systems paper cards or sheets could be marked by hand, but counted electronically. These systems include, ballot marking devices, digital pen voting systems and punched card voting. The Johnson County of Iowa, USA, made use of these systems in 2010.

the internet voting system proved to be most cost-efficient system introduced, compared to other voting systems.

Direct-Recording Electronic (DRE) Voting System A DRE voting machine records votes, processes data with computer software, and records voting data and ballot images. After the election, it produces a tabulation of the voting data stored in a removable memory component and as a printed copy. The system helps to transmit individual ballots and vote totals to a central location, for consolidating and reporting results from polling units. This system was greatly used by the USA in 2004, where over 28.9% of its registered voters made use of the DRE voting system. In 2004, India adopted the DRE voting system in the form of Electronic Voting Machines (EVM) to conduct elections to its Parliament, with 380 million voters casting their ballots using more than one million voting machines. DRE voting machines continue to be used in all elections in Brazil and India, and also on a large scale in Venezuela and the USA. It was however, decommissioned in Netherlands after public concerns were raised. Internet Voting System Internet voting can use remote locations (voting from any internet capable computer), or can use traditional polling locations with voting booths equipped with such internet capable computers. Internet voting systems have been used privately in many modern nations and publicly in the USA, United Kingdom, Switzerland, Brazil, France, Portugal, Spain and Estonia. In Switzerland, voters get their passwords to access the ballot through the postal service. Several voters in Estonia cast their vote via the Internet, as most of those on the electoral roll have access to an e-voting system. Online Voting System Online voting is majorly used by the Japanese private sector, with smartphones being the mainstream used for online voting. This system of voting is also utilised in Australia, Estonia, Switzerland, Russia and the United States. The introduction of online voting in municipal elections in the Ontario, Canada, resulted in an average increase in turnout of around 3.5 percentage points, as it helped to induce some occasional voters to participate who would have abstained, if online voting was not available. In the 2017 Estonian local elections,

“WHILE THIS AMENDMENT SHOULD HAVE BEEN AN UPGRADE TO THE ELECTORAL ACT, 2010, THE REVERSE SEEMS TO BE THE CASE. THE BILL DRAGGED NIGERIA BACK INTO THE PAST…..”

Electronic Ballots Electronic voting systems may use electronic ballot, to store votes in computer memory. This voting system dissolves the risk of inadequate ballot papers, and also removes the need for printing paper ballots, which are usually at a significant cost. The electronic ballots can be programmed to provide ballots in multiple languages, for a single machine. This advantage with respect to different languages, is unique to electronic voting. This was used in King County, Washington, where the electronic ballot provided access to Chinese in the US Federal election. This is obviously useful in a diverse multi-ethnic country like Nigeria, who boasts of over 374 ethnic groups with different languages (according to Professor Onigu Otite). This would better inform voters (who are not well versed in English language), and encourage them to participate in the election process. Benefits of Electronic Voting Electronic voting technology helps to speed the counting of votes, reduce the labour costs of workers who manually count votes, and provides improved accessibility for voters. Ultimately, it helps to decrease expenses used in conducting elections. Results are reported and published faster. Voters save time and cost, by being able to vote independently from their location, with no form of duress, panic voting or forced voting, which will likely help overall voter turnout. It is also more secure than ballot/physical voting. Here, cases of election malpractice often experienced in elections conducted in Nigeria – such as ballot boxes snatching and burning, shortage of ballot papers, over-crowding in polling units (especially in a time where Covid-19 is ravaging), disruption and discontinuation of voting by street thugs and even security agencies, having one person thumbprint on multiple ballot papers – will be significantly limited and ultimately avoided. Concerns Associated with Electronic Voting Critics of electronic voting argue that, humans are not equipped to verify operations occurring with an electronic machine and therefore, the operations cannot be trusted. Cases have been recorded of machines making unpredictable, inconsistent errors. Therefore, there is no guarantee that the collated and tabulated results are authentic and accurate. This is further worsened by the fact that, commercial voting machines results may be changed by the company providing the machine or any skilled hacker. There is also the issue of cost. While e-voting may decrease expenses in the long run, it is very expensive to introduce. The installation of electronic voting systems are very high; so high that many governments do not invest in it. Many also critique electronic voting to be unnecessary, believing that it is not a long-term solution. After all, it retains many problems associated with physical ballot voting. Moreover, electronic voting is usually practicable in countries with technological growth and development. Countries with low technological advancement and low network/internet coverage, will face issues with e-voting. People without internet access and/or the skills to make use of such e-voting means will be totally excluded from the voting process, which is a breach of their right to vote. It is this concern that electronic voting and transmission of votes would disenfranchise some Nigerians in areas with poor or no network coverage, that led members of the APC to recommend that for electronic transmission of results to be allowed during election, the national network coverage across Nigeria must be adjudged to be adequate by the Nigerian Communications Commission (NCC), and approved by the National Assembly. (To be continued). Serious and Trivial There are two sides to every coin. Life itself contains not only the good, but also the bad and the ugly. Let us now explore this. “Don’t be afraid of losing people. Be afraid of losing yourself trying to please everyone around you” – Anonymous. THOUGHT FOR THE WEEK “Positive thinking must be followed by positive doing”. (John C. Maxwell)

10.08.2021

Will Nigeria Surrender Since the US Federal Bureau of Investigation’s (FBI) investigation of Nigeria’s Internet fraud sensation, Ramon Olorunwa Abbas aka Hushpuppi, threw up some most unexpected names, it hasn’t been a tea party for Deputy Commissioner of Police, Abba Kyari. The ‘Super Cop’ has been linked and indicted by the FBI, in connection with Hushpuppi’s alleged multiple transnational scams, particularly a $1.1 million scam against a Qatar Businessperson. Will he get a respite from his home country? Are his alleged offences extraditable? Does Nigeria have the moral courage to allow the extradition of Abba Kyari to the US to face his trial? Is his suspension by the Police Service Commission, an indication that Nigeria might give in to the US request? In this Discourse, Emeka Eze, Dr Ayodele Akenroye, Francis Moneke and Dr Kayode Ajulo dissect the complex issues in this saga which could end up putting a strain on Nigeria-US diplomatic relations, if it isn’t handled properly

FBI’s Indictment of Abba Kyari: International and Domestic Laws Perspective Emeka Eze Introduction On 28th July, 2021, United States of America Federal Grand Jury Indictment unsealed allegations against a Nigerian social media celebrity, Ramon Olorunwa Abbas (nicknamed “Hushpuppi”) and other conspirators to steal more than $1.1 million from a Qatar businessperson attempting to finance the construction of a school for children in Qatar, and subsequently, executed the laundering of illegal proceeds through bank accounts around the world. The three-count indictment charges three United States Defendants: Yusuf Adekinka Anifowoshe, a.k.a. “AJ,” 26, of Brooklyn, New York; Rukayat Motunrayo Fashola, a.k.a. “Morayo,” 28, of Valley Stream, New York and Bolatito Tawakalitu Agbabiaka, a.k.a. “Bolamide,” 34, of Linden, New Jersey respectively. The other three Defendants in the fraudulent scheme allegations, but who were not resident in United States were Hushpuppi (expelled not extradited by Dubai, United Arab Emirate last year), Kelly Chibuzo Vincent and Nigerian senior police officer, Abba Alhaji Kyari (Head of Intelligence Response Team affiliated with the office of Inspector General Police). The unsealed indictment reveals that, Hushpuppi had earlier pleaded guilty on 20th April, 2021. Part of the document relating to the unsealed indictment, reveals his role in the school-finance scheme. Background Sometime or around December 2019, Defendant, Hushpuppi, began conspiring with Abdulrahman Imraan Juma, a.k.a. “Abdul,” 28, of Kenya (“Coconspirator A”) to defraud the Victim Businessperson, who was seeking a lender to finance $15 million of a project to build an international school. Abdulrahman Imraan Juma had already defrauded the Qatar Businessperson of funds at the time that Hushpuppi joined the scheme. Meanwhile, beginning on or around 11th December, 2019, Hushpuppi began to communicate with the Qatar Businessperson, duplicitously using the name “Malik.” Hushpuppi as “Malik,” falsely informed the Qatar Businessperson that he would render assistance to him in opening a bank account in the United States where the $15 million credit could firstly be deposited. In perfecting the fraudulent scheme, Hushpuppi arranged for another member of the syndicate to open a bank account at Wells Fargo Bank in Canoga Park, California in the name of the Qatari Businessperson’s Company, which also involved filing a false business name statement with the Los Angeles County Registrar/Recorder’s Office, in order to register the fictitious business entity. After arrangement to file the fictitious business name statement and open the Wells Fargo bank account had succeeded, Hushpuppi directed a another member of the syndicate in Nigeria, Kelly Chibuzo Vincent, to create a fraudulent “power of attorney” document bearing the name of the Qatari Victim Company. Hushpuppi then sent information relating to the Wells Fargo Account, as well as the “power of attorney” document, to the Victim Businessperson on or about December 19 and 20, 2019, in order to further the fraud scheme. Hushpuppi precisely directed the Qatar Businessperson to make wire transfers of $230,000 to a Wells Fargo bank account of a luxury watch-seller and $100,000 to a Capital One bank account of another associate of the syndicate. Total amount had and received fraudulently was $1 million. Abba Kyari’s Involvement The Nigerian celebrated senior Police Officer, Abba Kyari,

Deputy Commissioner of Police, Abba Kyari

on 26th July, 2021, Otis Wright (Judge) of the United States District Court for the Central District of California, issued warrant of arrest of Abba Kyari and ordered the Federal Bureau of Investigation (FBI) to arrest him for his role in a multi-million dollar fraud led by Hushpuppi. Sequel to the receipt of allegation and indictment processes from the Federal Bureau of Investigation (FBI) against DCP Abba Kyari, the Inspector General of Police, IGP Usman Alkali Baba, ordered an internal review of the allegations by the Committee set up by him. The Attorney-General of the Federation, Mr. Malami, SAN, has denied a formal request for extradition from United States with respect to Abba Kyari. Legal issues that have dominated spaces, since the issuance of warrant of arrest on Abba Kyari and meeting of FBI representatives with the Inspector-General of Police include, question of jurisdiction, extradition and nature of allegations. In the light of the continued debates, this article examines principle of territoriality of criminal laws (jurisdiction), principles of extradition (including double criminality), existing international treaties containing extradition provisions, such as United Nations Convention against Transnational Organised Crime (adopted by General Assembly Resolution 55/25 of 15 November 2000 and already in force since 29 September 2003), the United Nations Convention against Corruption (adopted by General Assembly Resolution 58/4 of 31 October 2003 and already in force since 14 December 2005), as well as the international instruments against terrorism, and finally, United Nations Model Law on Extradition. Meanwhile, we will only consider United Nations Convention against Transnational Organised Crime and United Nations Convention against Corruption.

got involved due to role he played in taming, Kelly Chibuzo Vincent, who wanted to break ranks and actually did from the syndicate, to disclose the criminal deal perpetrated on the Qatari Businessperson. This move was alleged, due to unfavourable proceeds he got from the deal. Hushpuppi disclosed during interrogation, that he paid bribes to Deputy Commissioner of Police Kyari, to have Kelly Chibuzo Vincent arrested and jailed in Nigeria, to ward off his further contact with the Qatar Businessperson. Abba Kyari did and sent pictures of Vincent in jail and subsequently, sent his (Abba Kyari’s) bank account number to Hushpuppi, to which a wire transfer should be made having executed the job. To the effect of his involvement as an alleged conspirator,

Principle of Territoriality of Criminal Laws There are four theories of criminal jurisdiction to wit: Territorial theory, Roman theory, Injured Forum theory and Cosmopolitan theory. The territorial theory of criminal jurisdiction, is founded on the position that criminal jurisdiction depends upon the place of perpetration. That is, the nation on whose territory the crime was committed, has jurisdiction of the offence. It has been submitted that, this is a logical outgrowth of the conception of law enforcement as a means of keeping the peace. Under Roman theory, consideration is given to the perpetrator, to determine jurisdiction not place of perpetration. This is based on the legal conception that a nation has jurisdiction over its nationals, regardless of the place he is and can hold him accountable for his wrongs. The Injured Forum theory, emphasises effect of the crime to determine jurisdiction. It presupposes that a nation has obligation to punish crime, that has effect of harm against it. On the other hand, the Cosmopolitan theory holds that any nation has jurisdiction over any crime committed anywhere, by anyone. Notwithstanding merits and demerits in the highlighted theories, it has been submitted that with one exception, these theories were never thought of as being mutually exclusive. A nation, for example, which regards the Roman theory of primary importance, does not hesitate to punish foreigners for crimes committed on its territory. The exception referred to, is that the common law recognised only the Territorial theory of criminal jurisdiction. The common law Judges would not, however, hesitate to punish the pirate, wherever his piracy had been committed, but in doing so, they were not applying the common law but the law of nations.

“IT SUFFICES TO SAY THAT,

United States Laws One of questions that has trailed the arrest warrant of Abba Kyari by a United States Court, is whether United States has Territorial jurisdiction over allegations or indictment of Abba Kyari, a Nigerian National, who resides in Nigeria when the alleged offence was said to be committed. This question mirrors subjects of the offence and criminal jurisdiction of the United States over the alleged offences. Generally, United States laws, and of course United Courts jurisdiction, do not apply outside the country. The presumption is that U.S. courts will ordinarily interpret U.S. statutes to apply domestically, and not abroad. This has been established in F.

THE ALLEGATIONS AGAINST ABBA KYARI HAVE DUAL JURISDICTION EFFECTS…..”

10.08.2021

DCP Abba Kyari to the FBI? Hoffmann-La Roche Ltd. v Empagran S.A., 542 U.S. 155, 164 (2004). The reason underlying this presumption, is to avoid unintended conflict with laws of foreign nations. See also. E.E.O.C. v. Arabian American Oil Co., 499 U.S. 244, 248. However, it has been submitted that US can exercise extraterritorial jurisdiction in cases, if doing so is expedient for its security or government functions. Thus, in U.S. v Pizzarusso, 388 F.2d 8, (Ct. App., 1968), the court affirmed the conviction of a non-U.S. citizen indicted and convicted of knowingly making a false statement to an American consular officer, under oath, in a visa application. By United States policy, the importance of enforcing the criminal law often results in extraterritorial application of laws. Some recent legislations have indicated that, computer security specifically applies to foreign commerce or some foreign activity. Criminal statutes addressing terrorist activities and conspiracies, have enjoyed extraterritorial interpretation. Thus, in U.S. v Yousef, 327 F.3d 56, 86-88, 61 Fed. R. Evid.Serv. 251 (2d Cir. 2003), criminal prosecution of foreigners arrested outside of United States, and accused of planning the 1993 World Trade Centre bombing in New York City, was allowed. Re Cinar Corporation Securities Litigation, et al. 186 F. Supp. 2d 279, (2002), the court refused the motion to dismiss the action for lack of jurisdiction in an action brought by shareholders, American citizens, arising out of the allegedly fraudulent disclosures made by the Defendant Canadian Corporation and its officers, in various public financial statements issued during the period. Thus, the court reasoned that, because fraud occurred in the United States as much as it did in Canada, the United States had a legitimate interest in enforcing its securities laws. Though the case of RJR Nabisco, Inc. v European Community 136 S.Ct. 2090 (2016) is not a criminal case, it sheds light on US extraterritorial jurisdiction to some extent. In that case, the European Community alleged that RJR Nabisco conducted a money-laundering scheme with international drug traffickers, involving the sale of narcotics and the black-market sale of RJR cigarettes in Europe. In their unanimous decision, the United States Supreme Court held that the Racketeer Influenced and Corrupt Organisations Act (RICO) could apply to criminal actions occurring outside of the United States. In that case, the Supreme Court laid down some indicia to consider for application of extraterritorial jurisdiction to wit: First, extraterritorial jurisdiction applies where Congress has expressly stated that a law applies outside the United States. Where that is the case, extraterritorial jurisdiction would apply, provided question does not violate due process or other protections guaranteed by the Constitution. Second, though Congress has not expressly stated that a law has extraterritorial applications, United States laws may still apply to such a conduct that occurred overseas, if some conduct relevant to the statute’s focus took place in the United States. The position under this subheading demonstrates that the question of extraterritorial jurisdiction of US is more stringent where question of criminal conducts call shots, especially questions bordering on conspiracy, security, corrupt practices and other certain criminal acts are involved. In the light of this, United States’ interest to exercise extraterritorial jurisdiction over Mr. Abba Kyari with respect to his conspiratorial knowledge and support he played in the multimillion dollar fraud led by Hushpuppi may not be played down, as these determining factors would have been considered before issuance of warrant of arrest on Mr. Abba Kyari. Principles of Extradition Extradition, in international law perspective, has been defined as ‘the process by which one State, upon the request of another, effects the return of a person for trial for a crime punishable by the laws of the requesting State, and committed outside the state of refuge (See Faraz Alam Sagar and Pragati Sharma (2019) “India: Extradition Law: Fundamentals and Processes – Part I). Faraz Alam Sagar and Pragati Sharma also observe that extradition is a formal, diplomatic process by which one State requests another, to effect the return of custody of a fugitive criminal for crimes punishable by the laws of the requesting State, and committed outside the jurisdiction of the country where such person has taken refuge. International extradition is an obligation undertaken by States in good faith, to promote and execute justice. Though extradition is a subject-matter of international law, but it is also deeply rooted in municipal or domestic law. The obligatory position to extradite or prosecute supports international wcollaboration to fight impunity was also recognised by Hugo Grotius (a Dutch jurist who laid the foundations for international law), who postulated the principle of aut dedere aut punire (either extradite or punish).Thus, he wrote: "When appealed to, a State should either punish the guilty person as he deserves, or it should entrust him to the discretion of the party making the appeal." Some States allow extradition requests, in cases where they have bilateral and reciprocal agreements with the requesting States. Although there has been a practice of refusing extradition

“THE WHOLE TRUTH IS THAT, EVEN IF ABBA KYARI SUCCEEDS IN OUR LOCAL COURTS AGAINST BEING EXTRADITED, HE WILL BE SEEN AS A FUGITIVE RUNNING AWAY FROM AMERICAN JUSTICE, WITH THE OBVIOUS IMPLICATION THAT THE FBI WILL BE ON HIS TRAIL TO ARREST HIM IN A THIRD COUNTRY, OR SUBJECT HIM TO EXTRAORDINARY RENDITION……” Emeka Eze requests in the absence of a binding international obligation between the States, often fugitives are surrendered on the basis of municipal law, or as an act of good faith by the State parties. However, the uncertainty implies that non-party States to extradition treaties may be a safe haven for fugitives. Given the preceding postulation on the definition and scope of the principle of extradition, and in the light of the facts spurred by involvement of Abba Kyari in the alleged international fraud of which the United States has claimed national injury or interest, can Abba Kyari be strictly referred to as a Fugitive taking refuge in Nigeria, a country where he is a national? This question is only answerable on the legal presumption that, the participation of Abba Kyari to aid crime perpetrated by the Hushpuppi led syndicate, was done within territorial jurisdiction of United States. By nature, the alleged indictments relate to wire fraud, and this stems from violation of a State sovereignty’s cyberspace, the role by Abba Kyari notwithstanding. Constructively, Abba Kyari is a fugitive taking refuge in Nigeria. Invariably, in view of the plea bargain entered by Hushpuppi, he admitted commission of the wire fraud crime which is against the cyberspace sovereignty of the United States. Also, this is an organised crime deeply rooted in conspiracy. Role by an individual does not matter, when it comes to bearing liability. Article 5 United Nations Organised Crime Convention (UNOC) recognises community fusion of mental and physical acts, to determine conspiracy. The mental aspect (mens rea) of the conspiracy is defined to wit: “agreement was entered into intentionally. The agreement was made for a purpose related directly or indirectly to obtaining a financial or other material benefit”, while the physical aspect denotes execution of the agreement. Abba Kyari’s involvement might be devoid of initial agreement, but the chain of events shows his complicity regard being had to different factors. Jurisdiction, which is linked to cyberspace sovereignty, provides States with the power and authority to define and preserve the duties and rights of people within its territory, enforce laws, and punish violations of laws (See United Nations Office on Drugs and Crime “Sovereignty and Jurisdiction). It is to this effect, that the argument that alleged participation of Abba Kyari in the organised crime led by Hushpuppi is not a crime against United States, cannot be understood. It suffices to say that, the allegations against Abba Kyari have dual jurisdiction effects to wit: prevention of Kelly Chibuzo Vincent from rustling the wheel of the wire fraud in United States cyberspace sovereignty by way of informing the Qatar Businessperson of crime perpetrated on him on one hand (an offence that sustains chain of crime network against the United States); and violation of relevant laws including the Constitution, detention of Kelly Chibuzo Vincent without any legal basis, and abuse of office to aid crime (offences against Nigeria), on other hand. Having come to this end, the relevant question is no longer whether Abba Kyari is answerable to the United States with respect to the indictments but rather whether there is bilateral extradition agreement between United States (requesting State) and Nigeria. The simple answer is that Nigeria does not only have bilateral extradition with the United States, Nigeria also has domestic law on extradition. Nigerian-US Extradition Treaty and Procedure Under Nigerian Extradition Act of Nigeria 2010

The relevant extradition treaty between Nigeria and United States, is by operation of law. This is because the treaty which came in force on 24th June, 1935 was between the United States and United Kingdom. Thus, that treaty came into being when Nigeria was still a colony of the United Kingdom. Though the treaty was between the United States of America and the United Kingdom, Nigeria became bound by operation of law, having inherited laws and treaties made and entered into by the United Kingdom at the independence in 1960. To this end, the treaty became applicable, as was the case with all laws inherited from the United Kingdom. This treaty, moreover, became validated by the provisions of Section 1 of the Extradition Act. The said Section 1(1) of Nigerian Extradition Act provides: “Where a treaty or other agreement (in this Act referred to as an extradition agreement) has been made by Nigeria with any other country for the surrender, by each country to the other, of persons wanted for prosecution or punishment, the President may by order published in the Federal Gazette apply this Act to that country.” From this provision of the Act, the condition precedent for the exercise of extraditing a person under Nigerian law, is that there must a subsisting treaty or agreement between Nigeria and requesting State. Another condition to be satisfied is stated in Section 6 of the Act, which provides that an extradition request must be made in writing to the Attorney-General of the Federation by a diplomatic representative or consular officer of the requesting State seeking the extradition, and the same must be accompanied by a duly authenticated warrant of arrest. While the Act generally grants the Attorney-General the discretion to refuse to extradition, the Act further specifically sets out grounds for refusing extradition under the hand of the Attorney-General to wit: (a) Where the extradition is sought in an offence of a political character; (b) If the extradition is being sought to be made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality or political opinions or was otherwise not made in good faith or in the interest of justice; (c) That if surrendered, the person is likely to be prejudiced at his trial, or to be punished, detained or restricted in his personal liberty, by reason of his race, religion, nationality or political opinions; (d) If the nature of his offence is considered trivial; (e) There has been passage of time since the commission of the offence; (f) If having regard to all the circumstances in which the offence was committed, it will be unjust or oppressive, or be too severe a punishment, to surrender the offender; (g) If the person has been convicted or acquitted of the offence for which his surrender is sought; (h) If criminal proceedings are pending against the person in Nigeria for the offence for which his surrender is sought; (i) If the fugitive criminal has been charged with an offence under the law of Nigeria or any part thereof, not being the offence for which his surrender is sought; or is serving a sentence imposed in respect of any such offence by a court in Nigeria, cont'd on page 10

8/COVER

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‘There Must be Robust Being a judicial officer in Nigeria can be quite daunting, given the peculiar challenges in Nigeria’s justice delivery system. This arm of Government has been struggling with gross underfunding, poor welfare, paucity of even the most basic infrastructure for the rather herculean task of adjudicating cases, bearing in mind that the Nigerian judicial dockets are one of the busiest in the world. The intricate responsibility of catering for Judicial Officers of Superior Courts of Record, including appointing, monitoring and disciplining them rests squarely on the National Judicial Council (NJC). However, for this body to effectively carry out its constitutional mandate it must be administered by highly competent personnel headed by the Executive Secretary, who is directly responsible to the Chairman of the Council, the Chief Justice of Nigeria. O B and J I caught up with the E S NJC A G S to shed some light on the functions of the Council, and let us into some of the strides he has made since he took up the mantle of office in 2017, despite the huge challenge of inadequate funding of the Nigerian Judiciary

ou were appointed NJC Executive Secretary in July 2017 after you had served as the Chief Registrar of the Supreme Court for about two years. How would you compare your experiences in the two positions? Let me start by expressing profound gratitude to the Almighty, for His limitless favour. It is by His will and grace that I was given the opportunity to serve in various capacities in the Administration wing of the Country’s Judiciary. Having said that, let me also state that the office of the Chief Registrar of the Supreme Court and that of the Secretary of the National Judicial Council (NJC) are similar, in the sense that both are chief accounting and administrative officers of their entities; yet they are different in many other aspects. Yes, the Chief Registrar of the Supreme Court has got enormous challenges that naturally arise from the status of the Court as the apex court in the land. As the Chief Registrar, you deal with daily matters bordering on first ensuring everything is in place for a seamless court system, welfare and well-being of the justices of the Court, the welfare of staff, the infrastructure needed by both Justices and staff of the Court, as well as general matters pertaining to the core constitutional and statutory functions of the Apex Court. These challenges are truly daunting, and capable of over-stretching even the most energetic personality. However, the office of the Secretary of the NJC, presents even broader challenges. Here, apart from being the accounting officer, you are also saddled with the responsibility of providing clerical, administrative as well as technical support, to an Institution that superintends over the Nation’s Judiciary. If you look at the powers of the NJC under Part 1, 3rd Schedule to the 1999 Constitution, you will appreciate the enormity of the task before the NJC and those saddled with the responsibility of managing its affairs. So, the challenges are definitely massive here, but not insurmountable. We thank the Almighty for the grace, energy and wisdom with which to handle the affairs of the Secretariat of the Council. What are the specific changes or what impact do you think you have made so far in the Council, as its Executive Secretary? In all humility, we have done quite a lot since 2017, across the various facets of the Council, to improve on the legacy and hard work of our predecessors. If you like, you can categorise our efforts into two broad sectors: human and infrastructural developments. In the human development aspect, we paid deliberate attention to the welfare of our staff, recognising the importance of a well-motivated work force in driving policies and programmes of an organisation. We all know that salaries of Civil servants are meagre, and there is little an organisation can do to cushion that immediately, but we have tried to cushion or mitigate the effects of their salaries by impacting on the various areas of their welfare, such as the health services offered by our in-house health clinic, improved and prompt payment of sundry

A G S

allowances, provision of reliable staff transportation systems, trainings, etc. etc. In the area of infrastructural development, we have paid premium attention to the provision and/or improvement of the general infrastructure of the Council, particularly ICT. On assumption of office, we noticed that the Council affairs were manually managed, this included Council Meetings, Committee Meetings and all other businesses of the Council. We

“IN THE AREA OF INFRASTRUCTURAL DEVELOPMENT WE HAVE PAID PREMIUM ATTENTION TO THE PROVISION AND OR IMPROVEMENT OF THE GENERAL INFRASTRUCTURE OF THE COUNCIL PARTICULARLY ICT”

therefore, fashioned out the means of improving on the quality of the Council Secretariat and its operations. We felt the compelling need to continue to leverage on ICT in order to achieve optimal performance and service delivery. We started by deploying an Electronic Document Management System (eDMS). This enabled us to electronically manage all Council Meetings. For instance, all documents and Working Papers for Meetings are now electronically transmitted to Members, unlike in the past, where staff of the Council had to travel long distances to deliver Working Papers and other documents. Our investments and accelerated plans for adoption of digital technologies began from my inception in office, long before the disruptions occasioned by Covid-19. The initiatives were not only strategic but also prophetic, as events later turned out in the wake of the Coronavirus outbreak. Some of the technology initiatives that the Council has embarked upon as operating models which include the use of advance technology to automate meeting/collaboration, a fully integrated system with touch screen that can operate as a full fledge computer system, Voice tracking software which Integrates easily with the eDMS for document sharing, presentation and discussions. Other software applications include those of Accounting, Human Resource Management (HRM), Procurement, as well as Judges Performance & Evaluation. We are still not resting on our oars, as we continuously seek to improve on the existing ICT infrastructure of Council. The entire Judiciary you are superintending is saddled with yearly low budgetary figures appropriated by the National Assembly, just as the Judges are poorly paid despite their huge workload. How have you been managing the situations, and what do you think are the ways to improve them? We in the Judiciary, appreciate the dire situation the nation’s economy is going through, but I would implore that we should endeavour to review and re-appraise the funding of the Judiciary even in the face of our economic crunch. The allocation of N100 billion for the recurrent, overhead and capital expenditure of the Judiciary, is clearly insufficient to tackle the myriad of infrastructural and welfare challenges facing the sector. As you have rightly pointed out, our Judges are poorly remunerated, and therefore, ill-motivated to perform their tasking judicial functions optimally. Apart from their poor remuneration and conditions of service generally, their working environments and infrastructure are in a deplorable state. They live in unbefitting accommodations, and work in very unconducive court rooms. Our Judges still take proceedings in longhand and hardly have access to e-Law reports, e-journals or e-practice books for research. You can go on and on. You asked how have we been managing the situation? Well, we have tried to apply the little resources at our disposal, judiciously and prudently. We in the NJC, try to set good examples of how to apply resources prudently, and we insist same for our courts. We have a robust expenditure cont'd on page 11

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Funding for the Judiciary’ monitoring system over the courts in line with one of our core functions and powers under the Constitution, and this has helped in keeping the courts on their toes as far as funds management is concerned. So, in the final analysis, we wish to appeal to the Executive and the Legislature to seriously consider placing the budgets of the Judiciary under a separate budgetary regime, as against the current “envelope system”. The need for a robust funding arrangement for the Judiciary, cannot be over-emphasised. The Judiciary Staff Union of Nigeria (JUSUN) called off its over two months strike recently after the NJC intervention. Have the objectives of the strike been achieved? Well, whatever it is, the Union had succeeded in making a statement by drawing national attention and therefore discourse on the long standing issues of judicial autonomy. But, how much of other objectives were achieved by the strike can only be explained by JUSUN itself. However, what the NJC simply did was to intervene in halting the prolonged strike that was taking a toll on the Judiciary. The Council, in its wisdom, thought it wise to appeal to JUSUN to suspend its action, so as to give the Governors time to implement the terms of the Memorandum of Action they signed with the Union. To further demonstrate its desire to bring a lasting solution to the impasse, Council also constituted a Monitoring Committee led by HRH, Hon. Justice Sidi Bage Muhammad, with the mandate to interface with parties to the MoA to ensure amicable resolutions of the issues that led to the long-drawn industrial action, and to proffer solutions against future reoccurrence. There has been uproar from some quarters over the appointments of some Justices of the Court of Appeal recently, saying those Judges are mostly from the Northern part of Nigeria. What can you say are the reasons for the spread or nonspread of the appointments? Appointment of Justices to the Court of Appeal or indeed, any court in the Federal Judiciary is done using the indices of merit and geopolitical zones. The allegation about the lopsidedness in the appointments into the Court of Appeal, in fact, started since 2017 during a similar exercise pertaining to the Court. At that time, the Court had 76 Justices, the North Central with 6 States and FCT had 12 Justices; North-East with 6 States had 12 Justices plus the President; North-West with 7 States had nine Justices; South-East with 5 States had 13 Justices; South-South 6 six States had 14 Justices and South-West with 6 States had 15 Justices. Note that Section 2 of the Court of Appeal Act 2013 (As Amended), provides that the total number of Justices of the Court in addition to the President of the Court shall not be more than 90. In considering appointment for the 14 vacancies, and to ensure that each

Ahmed Gambo Saleh

zone is adequately represented, all States that had 3 serving Justices were not considered unless under special circumstances. The States not considered were Anambra, Bauchi, Borno, Cross-River, Ebonyi, Edo, Ekiti, Gombe, Imo, Kogi, Kwara and Oyo.States like Adamawa, Kebbi and Sokoto had zero representation which informed the need to include them in the current exercise. Appointments can also be made to the Court based on the elevation of its Justices to the Supreme Court, retirement or death. That was what happened in the 2017 exercise. Unfortunately, even after a painstaking explanation of the process, similar complaints and insinuations have also trailed the 2020 exercise, which you referred to in your question. Those who have maintained this narrative and have consistently criticised the NJC, either do so out of lack of knowledge or sheer mischief. The current exercise just like that of 2017 was also conducted to fill vacancies created mainly by the elevation of some Justices of the Court to the Supreme Court, retirement or, in a few cases, death. For instance, you may observe that of the 8 Justices elevated to the Supreme Court, 5 of them are from the North, with the North West having 3 and North East having 2 slots. South South having 2 slots and South West having a slot. It was therefore, imperative that the Court of Appeal Appointment exercise would focus on filling the vacancies created by elevation of these Justices to the Supreme Court. Even in their elevation to the Supreme Court, their appointments were meant to fill vacancies created by the exit of the Justices of the Supreme Court from their own Zones. For instance, they were to replace the following retired Justices of the Supreme Court among others: Hon. Justice W. S. N. Onnoghen from the South South, Hon. Justice Kumai Aka’ahs and Hon. Justice Amiru Sanusi from the North West, Hon. Justice Clara Ogunbiyi from the South West and Hon. Justice Adamu Galinje from the North East, to mention but

a few. I hope you now have a better insight into the Appointment processes done by the Council, not just in respect of the Court of Appeal but all our Courts. What just happened in 2020 was just coincidental, that most vacancies arose from a particular geopolitical zone. It could have been from other zones as well. Let me seize this opportunity to advice those who normally criticise our processes, to do so from the position of knowledge and information. Lawyers amongst them are especially enjoined to seek for information, before passing judgement on not just the routine appointment processes conducted by the Council, but on all other matters pertaining to the mandate of the NJC. Many have complained that the NJC merely replicates the functions of the State Judicial Service Commissions which also oversees the welfare and discipline of judicial officers in their various States. Where do the lines cross? As a matter of fact, the functions and powers of the National Judicial Council and those of the State Judicial Service Commissions or the Judicial Service Committee of the FCT, do not in any way conflict or overlap. Whereas the National Judicial Council has Powers over the Courts established under and by Section 6(5)(a-j)of the 1999 Constitution (as amended), the Judicial Service Commission of the State and Judicial Service Committee of the FCT exercise Appointments and Disciplinary Powers over Courts that are not captured the aforementioned section of the Constitution. In other words, these are lower Courts such as Magistrate Courts, Area Courts, Customary Courts etc. The NJC has the power of Appointment and Discipline over Judicial Officers of the Courts of Records, whereas the JSCs of the States appoint and/or discipline Judges of the lower Courts and Court Staff within their jurisdictions. The only nexus they have with Courts of Records established under Section 6(5)(a-i)

“THEY LIVE IN UNBEFITTING ACCOMMODATIONS, AND WORK IN VERY UNCONDUCIVE COURT ROOMS…..OUR JUDGES STILL TAKE PROCEEDINGS IN LONGHAND, AND HARDLY HAVE ACCESS TO E-LAW REPORTS, E-JOURNALS OR E-PRACTICE BOOKS FOR RESEARCH…..THE NEED FOR A ROBUST FUNDING ARRANGEMENT FOR THE JUDICIARY, CANNOT BE OVER-EMPHASISED”

is the fact that Chief Judges of the States are Chairmen of the JSCs that shortlist and advice the NJC on the Appointments of Judges of the State High Courts, Customary Courts of Appeal, as well as Sharia Courts of Appeal of the States. So, you can say that in the exercise of its functions and powers under Paragraph 21, 3rd Schedule of Part I to the 1999 Constitution, the Powers of the NJC are in no way conflicting or overlapping with the functions of the JSCs of the States, which like I said earlier, exercise powers over courts that are not under Section 6(5)(a-j). In the final analysis, you can even say that both entities complement each other, in the discharge of their constitutional powers. What are your plans towards taking NJC to the next level? Well, my plan is simple: I want to leave the NJC better than I met it. At the end of my tenure, I want to see an NJC that is truly a regulator of, and superintendent over the Judiciary in all its ramifications. An NJC that is in itself, well managed, with a crop of well-motivated and trained staff, operating a well-oiled machinery of judicial administration. An NJC that can hold its own against its peers, anywhere in the world. Thank you E.S.

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Will Nigeria Surrender DCP Abba Kyari to the FBI? cont'd from page 7

he shall not be surrendered until such a time as he has been discharged whether by acquittal or on the expiration of his sentence; (j) If the Attorney-General is not satisfied that the fugitive will not be detained or tried in that country for any offence committed before his surrender other than the extradition offence (Section 3 of the Act). By Section 6 of the Act, a Magistrate, consequent upon application received from the Attorney-General of the Federation, is empowered to issue a warrant of arrest of a fugitive criminal. The warrant of arrest is executable anywhere in Nigeria. It suffices to say that, while it is proper for the United States to meet the Nigerian Inspector-General of Police in view of the fact that Mr. Abba Kyari is a senior police officer; it does however not appear that United States has activated extradition process regard being had to the position of the Attorney- General, that he has yet to receive extradition request from the United States. As postulated herein above, extradition does not operate as a matter of course. It is a question of law, and the wheel of the legal machinery must be ignited. Having established the fact that there is subsisting extradition agreement between Nigeria and United States coupled with Nigerian domestic Extradition Act which recognises such a treaty or agreement, the relevant question is whether the offences of indictment of Mr Abba Kyari fall within the terms of the treaty. Unless this question can be positively and affirmatively answered, extradition of Mr. Abba Kyari may suffer setback on the ground of law not even the permutated political interference. The treaty contains 18 Articles. Article 3 sets out the offences and crimes by which extradition can be reciprocally and mutually executed, by the parties. Mainly and broadly, Article 3 identifies 26 offences and crimes, which can make any of the parties to the treaty to make application. For the sake of brevity, relevant offences which can ground the extradition of Mr. Abba Kyari. relate to Article 3(17), (18) and (22) of the treaty. We set out the contents of the referred offences and crimes as follows: Article 3(17): Fraud by a bailee, banker, agent, factor, trustee, director, member, or public officer of any company, or fraudulent conversion. Article 3(18): Obtaining money, valuable security, or goods, by false pretences; receiving any money, valuable security, or other property, knowing the same to have been stolen or unlawfully obtained. Article 3(22): Bribery, defined to be the offering, giving or receiving of bribes. Mirroring the allegations against Mr. Kyari in the light of above provisions of the treaty, conspiracy, which is part of the indictments against the criminal syndicate led by Hushpuppi would invoke offences of fraudulent conversion, obtaining money knowing the same to have been stolen or unlawfully obtained, and bribery respectively against Mr. Abba Kyari. It is admitted that in view of complex society, the current treaty between Nigeria and United States is obsolete and the same needs to be revisited and reviewed in the interest of the party States, but this does not appear to us that this state of treaty would technically deter the operation of extradition process against Kyari. Existing International Treaties Containing Extradition Provisions It appears there is no specific convention or treaty at the United Nations level providing for the extradition, but this does not mean that there are no treaties or conventions which incorporate extradition provisions into their specific subjects. As matter of fact, there are extradition laws at the regional levels and cooperation bodies such as ECOWAS, African Union, among others. With respect to the United Nations, relevant international laws which contain extradition include, United Nations Convention against Transnational Organised Crime adopted by General Assembly Resolution 55/25 of 15th November, 2000 and already in force as at since 29th September, 2003; the United Nations Convention against Corruption adopted by General Assembly Resolution 58/4 on 31st October, 2003 and came into force since 14th December, 2005, as well as the international instruments against terrorism and finally United Nations Model Law on Extradition. i. United Nations Convention Against Transnational Organised Crime This Convention has been described as the main international instrument, in the fight against transnational organised crime. The coming into force of the Convention, has equally been accompanied with other Protocols. Thus, the Convention has been further complemented by three Protocols, which target specific

Dr Ayodele Akenroye areas and manifestations of organised crime: the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children; the Protocol against the Smuggling of Migrants by Land, Sea and Air; and the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition. Countries must become parties to the principal Convention, before they can become parties to any of the Protocols made pursuant to it. Article 1 of the Convention makes provision to the application scope of the Convention. Article 2 defines and delimits offences constituting

“NIGERIA'S INTERNATIONAL EXTRADITION TREATY WITH THE UNITED STATES…..NIGERIA’S EXTRADITION ACT OF 1996 IS THE APPLICABLE DOMESTIC LEGAL FRAMEWORK, SUPPLEMENTED BY THE EXTRADITION ACT (MODIFICATION) ORDER 2014, THE EXTRADITION ACT (PROCEEDINGS) RULES 2015 OF THE FEDERAL HIGH COURT, AND THE GUIDELINES ISSUED BY THE FEDERAL MINISTRY OF JUSTICE ON EXTRADITION”

transnational in nature. It provides as follows: “For the purpose of paragraph 1 of this article, an offence is transnational in nature if: (a) It is committed in more than one State; b) It is committed in one State, but a substantial part of its preparation, planning, direction or control takes place in another State; (c) It is committed in one State, but involves an organised criminal group that engages in criminal activities in more than one State; or (d) It is committed in one State, but has substantial effects in another State”. Article 16 of the Convention provides for the extradition, with respect to the extraditable offences recognised under this Convention. It therefore, provides: “This article shall apply to the offences covered by this Convention or in cases where an offence referred to in article 3, paragraph 1 (a) or (b), involves an organised criminal group and the person who is the subject of the request for extradition is located in the territory of the requested State Party, provided that the offence for which extradition is sought is punishable under the domestic law of both the requesting State Party and the requested State Party”. For the avoidance of doubt, Article 2(a) defines what an organised criminal group and what constitutes serious crime means when it provides: “For the purposes of this Convention: (a) “Organised criminal group” shall mean a structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offences established in accordance with this Convention, in order to obtain, directly or indirectly, a financial or other material benefit; (b) “Serious crime” shall mean conduct constituting an offence punishable by a maximum deprivation of liberty of at least four years or a more serious penalty; As at 19th September, 2017, 190 States had become parties to the Convention. The party States include 185 members of the United Nations. United States of America and Nigeria are parties to United Nations Convention Against Transnational Organised Crime Convention. Therefore, the provision of extradition contained in Article 16, is binding on the two parties. Considering the facts underlying the indictments of Nigerian “Super Cop”, Mr. Abba Kyari, it suffices to say that the allegations meet the threshold of application and scope of the Articles 2 and 3 of the Convention. By virtue of Article 16(3), even if the current extradition treaty between Nigeria does not cover the subject of indictment for the extradition of Abba Kyari, the Convention deems offences under the Convention as being part of the existing treaty. This means that whether parties do not have certain offences contained in the Convention in their bilateral treaty, ratification of the Convention impliedly incorporates such offences as part of the offences covered by

the bilateral treaty. Nigeria makes extradition conditional on the existence of a treaty, regard being had to Section 1 of the Extradition Act earlier referred to. To that effect it assumed that Nigeria must have fulfilled conditions stipulated in Article 16(5) on the required notification to the Secretary-General, on the ground that it makes made extradition conditional on the existence of a treaty, otherwise ratification of the Convention would be deemed defective ab initio. Our submission is that Mr. Abba Kyari’s indictment falls within the provision of United Nations Convention Against Transnational Organised Crime Convention, and its provisions are binding on both United States and Nigeria respectively. ii. The United Nations Convention Against Corruption The Convention is favoured with majority members of the United Nations. Thus, it has far reaching operational effects. It is worthy to note that the Convention covers five main areas which are: preventive measures, criminalisation and law enforcement, international cooperation, asset recovery, and technical assistance and information exchange. The Convention covers various forms of corruption, such as bribery, trading in influence, abuse of functions, and various acts of corruption in the private sector. Article 1 of the Convention provides for the statement of purpose underlying emergence of the Convention. The purposes are : (a) “to promote and strengthen measures to prevent and combat corruption more efficiently and effectively; (b) to promote, facilitate and support international cooperation and technical assistance in the prevention of and fight against corruption, including in asset recovery; (c) to promote integrity, accountability and proper management of public affairs and public property”. Article 3 of the Convention provides for the scope of the Convention and states as follows: 1. “This Convention shall apply, in accordance with its terms, to the prevention, investigation and prosecution of corruption, and to the freezing, seizure, confiscation and return of the proceeds of offences established in accordance with this Convention. 2. For the purposes of implementing this Convention, it shall not be necessary, except as otherwise stated herein, for the offences set forth in it to result in damage or harm to State property.” Article 14 makes provisions for measure to prevent money-laundering, while Articles 15 and 16 provide measure against bribery of national public officials. For the offences committed under the Convention, Article 44 provides for the extradition “where the person who is the subject of the request for extradition is present in the territory of the requested State Party, provided that the offence for which extradition is sought is punishable under the domestic law of both the requesting State Party and the requested State Party.” By Article 44(2), “a State Party whose law so permits, may grant the extradition of a person for any of the offences covered by this Convention that are not punishable under its own domestic law”. The relevant question, is whether the indictment against Abba Kyari can be pitched and fixed for the purpose of extradition under this Convention. Article 2 provides for the person affected by the Convention ,when it provides as follows: “For the purposes of this Convention: (a) “Public official” shall mean: (i) any person holding a legislative, executive, administrative or judicial office of a State Party, whether appointed or elected, whether permanent or temporary, whether paid or unpaid, irrespective of that person’s seniority; (ii) any other person who performs a public function, including for a public agency or public enterprise, or provides a public service, as defined in the domestic law of the State Party and as applied in the pertinent area of law of that State Party; (iii) any other person defined as a “public official” in the domestic law of a State Party. However, for the purpose of some specific measures contained in chapter II of this Convention, “public official” may mean any person who performs a public function or provides a public service as defined in the domestic law of the State Party and as applied in the pertinent area of law of that State Party; (b) “Foreign public official” shall mean any person holding a legislative, executive, administrative or judicial office of a foreign cont'd on page 11

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“ IF THE AGF DECIDES NOT

country, whether appointed or elected; and any person exercising a public function for a foreign country, including for a public agency or public enterprise; (c) “Official of a public international organisation” shall mean an international civil servant or any person who is authorised by such an organisation to act on behalf of that organisation;”. Abba Kyari did not only demonstrate knowledge of the crimes committed, he aided the crimes by preventing Chibuzo from interfering in the scheme defrauding a victim of over $1 million. Subsequently, Abba Kyari demanded for bribery, and he was given sum of N8 million for his intervention by arresting and detaining Chibuzo. By Article 2(a)(ii) Abba Kyari falls within scope of “person who performs a public function, including for a public agency or public enterprise, or provides a public service, as defined in the domestic law of the State Party and as applied in the pertinent area of law of that State Party”. This is because Kyari used his public agency like Nigeria Police Office in which he headed the Intelligence Response Unit, to execute an illegal act and equally demanded bribe for performing the same. It is our position that a case of bribery, as a case of corruption gives another opportunity to strengthen case of extradition request against Abba Kyari by the United States. Nigeria and United States, are parties to the Convention under discussion.

TO INITIATE EXTRADITION

Conclusion The writer has examined the principles of international and domestic laws in relation to extradition and cross-border crimes, as applicable to the indictment of Nigeria's senior Police sleuth, DCP Abba Kyari. The writer submits that, ordinarily, there is legal justification for Nigeria to extradite him to the United States as both indictments and legal instruments are on all fours in support of his trial in the United States. The complexity of the extradition cases involving late Senator Buruji Kashamu, shows the interplay of international and domestic laws. Extraditing the top cop is certainly not a tea party, especially as the courts are involved, and he seems to have the support of the AttorneyGeneral of the Federation to go the whole hog. There is, however, a difference between Abba Kyari's case and that of the late Senator Buruji Kashamu, in that Abba Kyari is a member of some international Police organisations, which makes him a global Police Officer. Kashamu was a private citizen, before he ventured into politics. While Kashamu stayed put in Nigeria to fight against his planned extradition, it is highly improbable for Abba Kyari to remain in the Police Force and be fighting against extradition. The whole truth is that, even if Abba Kyari succeeds in our local courts against being extradited, he will be seen as a fugitive running away from American justice with the obvious implication that the FBI will be on his trail to arrest him in a third country, or subject him to extraordinary rendition just as happened in the case of Attorney-General of Adolf Israel v Eichmann, in which Israel arrested the Defendant in Argentina for trial with respect to crimes the Defendant committed during the WW II, and in the recent case of Federal Republic of Nigeria v Nnamdi Kanu. Unlike Third World countries, America's justice might sometimes be slow, but it is swift and it delivers. The best approach in the circumstance will be for him to hand himself to the American authorities, while the Federal Government gives him consular services and brief an excellent Lawyer to argue him out of the quagmire. Emeka Eze, Senior Lecturer, Department of International Law, Nasarawa State University

Indictment of Nigeria’s ‘Super Cop’, Abba Kyari, by American Court Position of the Law on Extraditing Him to America Dr Ayodele Akenroye Introduction Last week, news filtered into Nigeria that a U.S. Magistrate Judge has issued a warrant

PROCEEDINGS AGAINST ABBA KYARI AT THE FEDERAL HIGH COURT, THAT ENDS THE WHOLE DISCUSSION ABOUT EXTRADITING HIM TO THE UNITED STATES. THIS IS AN ABSOLUTE POWER THAT THE AGF WIELDS, AND HE CANNOT BE COMPELLED BY ANY ORDER OF THE NIGERIAN COURT TO INITIATE EXTRADITION PROCEEDINGS AGAINST

Francis Moneke of arrest for the arrest of the popular, highly celebrated, and charismatic head of the Intelligence Response Team of the Nigeria Police Service – Deputy Commission of Police, Abba Kyari (“Abba Kyari). This warrant of arrest was issued, based on allegations by the Federal Bureau of Investigation (FBI) that Abba Kyari actively collaborated with Ramon Abbas, popularly known as, “Hushpuppi”, to defraud and launder proceeds from victims. Hushpuppi is a Nigerian Instagram celebrity known for posting photos of his lavish lifestyle on Instagram, where he has 2.5 million followers. In June 2020, Hushpuppi was expelled from Dubai, after a police raid on his apartment, and taken to the United States, where he was charged with conspiracy to launder hundreds of millions of dollars through a highly sophisticated scheme involving several co-conspirators. On April 20, 2021, Hushpuppi pled guilty to conspiracy to engage in money laundering – an offence that attracts a maximum sentence of 20 years of imprisonment. He will be sentenced in October 2021. As part of the plea bargain, Hushpuppi told the American authorities that he engaged the services of Abba Kyari to arrest and jail his fellow fraudster, Kelly Chibuzor Vincent, after a dispute on how to share a $1.1 million loot they received from a Qatari businessperson. Kelly Chibuzor Vincent allegedly contacted the Qatari businessperson, to inform him that he was being scammed by Hushpuppi and others. This angered Hushpuppi, and he engaged the services of Abba Kyari to deal ruthlessly with Kelly Chibuzor Vincent. Abba Kyari carried out the instructions from Hushpuppi, and he was allegedly paid N8 million for his “services”. The FBI affidavit filed in the U.S court, also alleged that Abba Kyari actively conspired with Hushpuppi and others in an elaborate scheme to defraud victims of millions of dollars. Due to Abba Kyari’s celebrated status in Nigeria, the news of his involvement with Hushpuppi and the issuance of a warrant of arrest against him by the American Court has generated an enormous number of commentaries, like the ones generated from the abduction of Nnamdi Kanu from Kenya by the Nigerian Government, and the continued detention of Sunday Igboho in the Benin Republic, and the attempt by the Nigeria Government to extradite him to Nigeria. Of course, the media frenzy has led to several people calling on the Attorney-General of the Federation (AGF) – Abubakar Malami, SAN, to ensure that Abba Kyari is promptly extradited to the U.S. Abba Kyari was immediately suspended by the Police Service Commission, and the AGF promised that due process will be followed in the possible extradition of Abba Kyari from Nigeria. However, he did not give any guarantees that Abba Kyari will be extradited. In this short article, I will consider the application of the Extradition Act of 1966 and the 1935 Nigeria International Extradition Treaty with the United States, to the case of Abba Kyari. However, it is worth noting that

as at the time of the writing of this article, the American Authorities has not made a formal extradition request for Abba Kyari. It is also worth noting that Abba Kyari currently enjoys the presumption of innocence as guaranteed in Section 36(5) of the Nigerian Constitution, though he admitted to having business dealings with Hushpuppi. What are the Governing Treaties and Legislation? Extradition proceedings are usually treaty-based. The governing treaty is the Nigeria's International Extradition Treaty with the United States, which was originally signed by the United Kingdom on December 22, 1931, and came into force on June 24, 1935. Nigeria assumed this treaty on her independence on October 1, 1960, and the treaty is still in force. Nigeria’s Extradition Act of 1996 is the applicable domestic legal framework, supplemented by the Extradition Act (Modification) Order 2014, the Extradition Act (Proceedings) Rules 2015 of the Federal High Court, and the Guidelines issued by the Federal Ministry of Justice on Extradition. Is Abba Kyari an “Extraditable Person”? The short answer is yes. Based on a combined reading of the applicable international treaty and domestic legislation, Abba Kyari is an “extraditable person”. An American Court has issued a warrant of arrest for his arrest and detention, for the criminal charge of conspiracy to commit money laundering. The alleged criminal conduct in the U.S. is also recognised in Nigerian Criminal laws. The Federal High Court is very clear on this, and in Attorney-General of the Federation v Lawal Olaniyi Babafemi aka “Abdullahi”, “Ayatollah Mustapher (Babafemi) Suit No: FHC/ABJ/CR/132/201, stated that all that is needed to justify an extradition proceeding, is for the Federal Government of Nigeria to show that there is an indictment against a person. However, Abba Kyari cannot be tagged a “Fugitive”, as he is not currently fleeing from justice. But, that designation can change once the U.S. makes a formal extradition request for him, and he decides to evade service or leave the shores of Nigeria. What are the Next Steps? If the U.S. authorities are interested in extraditing Abba Kyari to the States, then they must send a diplomatic request in writing to the AGF either directly or through the Federal Ministry of Foreign Affairs, and must include supporting documentation including an affidavit deposed to by a designated officer, a copy of the Indictment by the U.S. Court against Abba Kyari, a duly authenticated warrant of arrest against Abba Kyari, and a copy of the extract of law on which the request is based. The Federal High Court stated in Attorney-General of the Federation v Jeffrey Okafor Charge No: FHC/ ABJ/CR/180/2014 that documents in support of extradition request must not be frivolous, and must present a prima facie evidence of the allegation against the extraditable person.

ABBA KYARI”

Upon receiving the extradition request, the AGF will decide if he will approach the Federal High Court to initiate an extradition proceeding against Abba Kyari or not. This is a powerful and important decision that Abubakar Malami, SAN, as the AGF will have to make, considering the political and diplomatic implications of his decision. If the AGF decides not to initiate extradition proceedings against Abba Kyari at the Federal High Court, that ends the whole discussion about extraditing Abba Kyari to the United States. This is an absolute power that the AGF wields, and he cannot be compelled by any order of the Nigerian court to initiate extradition proceedings against Abba Kyari. This absolute power enjoyed by the AGF was confirmed by the Court of Appeal in George Udeozor v Federal Republic of Nigeria CA/L/376/05 where the Court stated that, there is nothing in the Extradition Act that gives the court the powers to question the discretion of the Attorney General of the Federation in extradition matters. Conclusion Literally speaking, Abba Kyari’s extradition future lies in the almighty hands of Abubakar Malami, SAN. All we can do is eagerly await the AGF’s decision, when and if he receives the extradition request from the United States of America. Any other analysis, will be speculative and premature. But, I hope that Abba Kyari’s indictment by an American Court, and the ongoing investigation by the Police Service Commission, would be the much-needed impetus to completely overhaul the entire Nigeria Police Force which is a cesspit of corruption, and restore its lost glory. Only time will tell. Dr. Akenroye, Adjunct Professor, Centre for Criminology and Socio-Legal Studies, The University of Toronto, Canada.

Abba Kyari: Protection of a Fugitive of the Law Francis Moneke Culture of Lucre Worship For the one time ‘Super Cop’, DCP Abba Kyari, could this be the way the cookie crumbles? His alleged involvement with the famous and cont'd on page 12

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Will Nigeria Surrender DCP Abba Kyari to the FBI? cont'd from page 11

flamboyant fraudster, Ramon Abbas (a.k.a Hushpuppi), is redolent of a culture of lucre worship that is not just immanent in the Police institution, but has become deeply entrenched in the Nigerian society. This culture is exemplified in the ignoble use or deployment of men of the Nigeria Police and other security agencies, as aides and escorts to chaperone and protect money bags in the country – including corrupt public officers, fraudsters, and all manner of criminals whose only vindication is the ability to have stolen their ways to affluence. Persons whose sources of wealth should ordinarily be suspect, and who should be under the radar of investigation for want of ascertainable legitimate means of their sudden wealth, are instead eulogised, deified, and often accorded the unmerited prerogative of official security, given their capacity and willingness to dole out handsome pecuniary incentives or rewards for the procurement of such special protection. Regrettably, such crooks become the role-models of youths, who salivate at the opulence and ostentation of lifestyles founded upon filthy lucre, thus, crowding giddily around the social media handles of these unworthy idols. Little wonder why the likes of Hushpuppi, could easily become an Instagram celebrity. More worrisome is the open secret that these affluent knaves often have on their payrolls some top Police officers, who therefore, dance attendance to these generous benefactors of theirs, and function solicitously at their behest. This culture of lucre worship is one of the symptoms of a society overtaken by corruption, gnawed by a debilitated rule of law, and emasculated by pervasive poverty. Thus, a robust outlay of cash regardless of its funnel or source, guarantees the most notorious of hooligans the status of a sacred cow, an untouchable, and often a leader that must be respected, venerated and protected even from the law. The use of Police officers as errand boys and/or personal security aides for such notorious individuals, degrades and discredits the Police institution in Nigeria. Such is not done anywhere, in the civilised world. Police officers should instead be effectively trained and sufficiently empowered to work towards a crime free society, and to protect all citizens equally, on the premise of equality of all persons before the law and before God. If we refuse to change this culture or orientation of money worship, Nigeria will continue on its unbridled descent into the cesspit of corruption and fraud, and the concomitant international toga will remain a national identity that rubs off negatively and humiliatingly on each and every citizen of this country. What is more, this insalubrious culture will inevitably continue to breed a crop of leaders and citizenry adept and well grounded in the art of kleptomania, and whose core competency resides in the wiles of dishonesty and deception. The path to change is a firm and honest stance against corruption by Government, which entails restoring integrity and probity in public service, deescalating the humongous perquisites of public offices, recreating a commitment to the rule of law, recognising and rewarding honest achievements, and reinventing the will to deprecate or impugn ill-gotten or inexplicable wealth. Charges Levelled Against Abba Kyari So much for the aside; the gravamen of this contribution is to look at the charges levelled against DCP Abba Kyari, and to interrogate the propriety or otherwise of the request for his surrender or extradition to the United States of America to stand trial for the charges against him. The three charges against Abba Kyari as approved by the U.S. Grand Jury include, an allegation that he “together with others known and unknown to the Grand Jury, knowingly conspired to commit wire fraud, in violation of Title 18, United States Code, Section 1343”. Secondly, that they conducted and attempted “to conduct financial transactions, affecting interstate and foreign commerce, knowing that the property involved in the financial transactions represented the proceeds of some form of unlawful activity, which, in fact, involved the proceeds of specified unlawful activity — namely, wire fraud, in violation of Title 18, United States Code, Section 1343”. Thirdly, Abba Kyari and his cohorts were said to have aided and abetted one another and knowingly in transferring, possessing and using, without lawful authority, a means of identification that each Defendant knew belonged to another person, during and in relation to a violation of Title 18, United States Code, Section 1349, Conspiracy to Commit Wire Fraud, as charged in Count 1. Now, International criminal law recognises procedural cooperation between countries, in the execution of their national criminal laws. It is a trite principle of international law, that one State cannot exercise sovereign jurisdiction on the territory or within the borders of another sovereign State, without the consent of the latter or the enablement of a mutual agreement. Consequently, when a suspect or evidence pertaining to a criminal trial in one country is domiciled in the territory of another, the former can only depend on the cooperation of the latter, premised on good faith consent or mutual agreement, to take custody of the fugitive suspect or relevant evidence. Thus, extradition, mutual legal assistance, transfers of prisoners, seizure and forfeiture of illicit proceeds of crime, recognition of foreign penal judgements, and transfer of criminal proceedings are some of the core components of cooperative procedures under international criminal law. Extradition is the most sensitive of these cooperative procedures, especially when the person sought to be extradited is not merely a fugitive but a citizen of the country to which a request for extradition is made, given the duty of every country to protect the human rights of its citizens, and ensure that they are accorded basic human dignity and tried fairly. There is no general obligation under international law, for States to extradite. States therefore, resort to mutual agreements and bilateral or multilateral treaties as basis for extradition. Such treaties establish the reciprocal obligation of the State parties to extradite, set out procedures for requesting extradition, and outline the conditions under

Dr. Kayode Ajulo which such request may be granted or refused. Extradition treaties, also define extraditable offences. To form the basis of a request for extradition, an offence must be punishable under the laws of both countries – this is referred to as the doctrine of double criminality. Nigeria has an extradition agreement with the United States of America, by virtue of an extradition treaty signed in 1931 between the United Kingdom, then as Nigeria’s colonial master, and the United States. The treaty came into force on June 24, 1935, and became applicable to all British colonies, including Nigeria. That treaty has been ratified, as it were, by the Extradition Act No. 87 of 1966 CAP E25 Law of the Federation of Nigeria, 2010. By virtue of the provisions of Section 1 (1) and the 1st Schedule thereof, the Act is applicable to the United States of America, and by Section 2 applicable to all Commonwealth countries. In line with Section 6 (1) & (2) of the Extradition Act a request for surrender of a fugitive criminal of any country shall be made in writing to the Attorney-General by a diplomatic representation or consular officer of that country, which request must be accompanied by a duly authenticated warrant of arrest or certificate of conviction issued in the requesting country. The Attorney-General upon receipt of such request, may notify a Magistrate of such request and require the Magistrate to deal with the request in accordance with the provisions of the Act, with a view to making an order for the extradition of such fugitive criminal. However, Section 3 (1) to (7) of the Act precludes the Attorney-General or Magistrate from making any order for the surrender of a fugitive criminal, if among other things, the offence he is charged with is of a political character, or he is likely to be prejudiced in his trial, or punished on account of his race, religion, nationality or political opinion, or that the offence is trivial, or that he has been charged, convicted or acquitted for the same offence in Nigeria, or that he is likely to be tried in the other country for another offence besides the offence for which his extradition was requested. Most importantly, by virtue of

Section 6 (3) of the Act, the Attorney-General may refuse to make an order for the initiation of extradition proceedings, if the fugitive criminal in question is a Nigerian citizen. Conclusion In the light of the foregoing provisions of the Extradition Act, it is submitted that, regardless of the gravity of the charges against Abba Kyari, which evidently fall within the purview of extraditable offences, his extradition to the United States of America is nonetheless not only untenable under the law, being a Nigerian citizen, but also ill-advised on multiple grounds. Most importantly, his chances of getting a fair trial and treatment in the United States are very slim, given the strong likelihood of bias against him as a citizen of Nigeria and black African. It is commonplace knowledge that the American justice system and criminal law process are often skewed against black Americans, how much more a black Nigerian. And, there is no gainsaying that, if the circumstances were to be reversed, the United States Government would not even contemplate surrendering an American citizen to be tried in Nigeria, for a crime committed in Nigeria. It is therefore, suggested that the Attorney-General of the Federation should decline to make the order for the commencement of extradition proceedings against Abba Kyari. In the alternative, the US Government may be requested to transfer the criminal proceedings against Abba Kyari to Nigeria, or better still, he can be freshly charged and tried in Nigeria at the conclusion of the on-going investigation commissioned by the Inspector General of Police. Francis Moneke, LLM (London), Synergy Partner, Olisa Agbakoba Legal; Executive Director, Human Rights & Empowerment Project Ltd/Gte; Principal, Gozie Moneke & Associates

My Thoughts on Nigeria/US Extradition Treaty Dr Kayode Ajulo

“…… IF THE CIRCUMSTANCES WERE TO BE REVERSED, THE UNITED STATES GOVERNMENT WOULD NOT EVEN CONTEMPLATE SURRENDERING AN AMERICAN CITIZEN TO BE TRIED IN NIGERIA, FOR A CRIME COMMITTED IN NIGERIA”

It is unequivocal that Nigeria is a sovereign State, and a citizen of Nigeria cannot be expelled/extradited from the country without strict adherence to the provisions of the Constitution and International protocols. What is more, the Federal Republic of Nigeria and the United States of America are bound by the provisions of the Extradition Treaty signed with the United States of America on December 22, 1931 (entered into force on June 24, 1935) including the Extradition Act of 1966, (Extradition Modification) Order, 2014, Extradition Act (Proceedings) Rules, 2015 and other International Protocols. For starters, by the provision of Section 6 of the Extradition Act, a request for the surrender of a fugitive criminal of any country shall be made in writing to the Attorney-General by a diplomatic representative or consular officer of that country, and shall be accompanied by a duly authenticated warrant of arrest or certificate of conviction issued in that country. Thereafter, the office of the Attorney- General of the Federation would have to conduct a discreet and thorough investigation into the said allegations, and upon the conclusion of same, if there is any prima facie case against DCP Abba Kyari, commence extradition processes against him in a court of competent jurisdiction within the Nigerian Territory, and obtain an Order of Court in line, before he can be extradited to the United States of America. Dr Kayode Ajulo

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PROPERTY & ENVIRONMENT Improper Documentation by Banks Challenge to Property Foreclosure, Says Balogun

L-R: Principal Consultant, Kunle Faleti Consulting (KFC), Mr. Kunle Faleti; Lagos State Commissioner for Justice and Attorney General, Mr. Moyosore Onigbanjo SAN; Special Adviser to Lagos State Governor on Housing, Mrs. Toke Benson-Awoyinka; Permanent Secretary, in the Ministry of Housing, Mr. Wasiu Adedamola Akewusola; and Senior Special Assistant to the Governor on Housing, Mr. Ayodeji Amodu, during a Stakeholders forum with Real Estate Operators in Lagos State… recently

Bennett Oghifo

anks have been blamed for their inability to foreclose property they provided mortgage for because of improper documentation. Managing Partner, Libra Law, Mr. Afolabi Balogun stated this while discussing ‘Foreclosure and its effect on Real Estate’, as the Guest Speaker at a Stakeholders’ Engagement organised by Lagos State Real Estate Regulatory Authority, LASRERA, with the theme: ‘Redefining Opportunities in Real Estate: Regulations and Expectations.’ Balogun stated that most times “banks are the major challenge with the Foreclosure of mortgaged property, due to improper documentation by the bank.”

He explained that Foreclosure Clause and redemption of mortgage is governed by Provision of Order 55 Rule of the High Court of Lagos State Civil (Procedure) Rules 2019, which requires banks to only file originating summons and furnish the Court with substantial particulars of the debt but that most times banks are unable to do that. He stated that banks should be more diligent with these approaches in order for Courts to speed the process of the foreclosure in their favour. Meanwhile, the Lagos State government is providing legislation to improve the ease of doing business in the state’s real estate sector. Speaking at the stakeholders’ meeting, the Special Adviser to Lagos State Governor on Housing, Mrs. Toke Benson-Awoyinka stated

that investors and other relevant stakeholders in the built sector can now heave a sigh of relief from all forms of fraudulent practices following the recent passage of a law for real estate practitioners by the State House of Assembly. According to Benson-Awoyinka, the state government is ready to curb fraudulent activities in the real estate industry with the right laws and regulations in line with Governor Babajide Sanwo-Olu’s T.H.E.M.E.S Agenda of making Lagos State a 21st Century Economy. Speaking on the rationale for the Stakeholders Engagement, the Special Adviser said that while LASRERA and its stakeholders are eagerly awaiting Governor Sanwo-Olu’s assent to the new law, it was necessary to further engage relevant practitioners in the industry about the

content of the law and also encourage them to take ownership of it. Apart from engaging the stakeholders, the Special Adviser added that the forum also seeks ways of exploring the diverse opportunities inherent in the Real Estate industry, while also exposing participants to the industry regulations and expectations. “The overall intention for this stakeholders’ forum is for all participants to learn new and relevant skills that would be useful in upscaling your businesses and develop the industry as a whole.” She said that the stakeholders Engagement was organised to ensure that the policies of the Lagos State Government for the Real Estate industry gains the confidence of Real Estate Agents, with a view to curb fraudulent practices in the industry.

LCC Keeps Workforce, Despite No Toll Collection Since 2020 Bennett Oghifo The Lekki Concession Company (LCC) operator of the Lekki Toll Road in Lagos has said it has managed to keep its workforce despite leaving the toll gates open since last year. The LCC model has helped to boost employment in the country post-pandemic, according to industry professionals who compared the company’s reaction to difficult times to

those of some companies that resorted to layoffs and pay cut. LCC’s Managing Director, Yomi Omomuwasan said, “We are well aware of the unemployment figures in Nigeria, but despite our current situation, we are not considering laying-off our staff.” Omomuwasan added that “as an institution, we are sensitive to the needs of our staff members and the roles they

play in servicing our customers, in this instance, road users. They have dependents too, so laying them off because of our current situation is a no-brainer for us.” As the economy bounces back from the COVID-19 induced downturn and bearing in mind the International Monetary Fund’s forecast that the Gross Domestic Product will grow by 2.5 per cent in 2021, the expectation is

that there would be more jobs to reduce the army of unemployed across the country sooner rather than later. For instance, the Labour Force Report published by the National Bureau of Statistics (NBS) earlier in March brought home the starkness of the nation’s unemployment crisis. The report indicated that the country’s unemployment rate rose to 33.3% in Q4, 2020 from the 27.11% recorded for Q2,

2020. Essentially, it meant that about 23.2 million Nigerians were unemployed in those three months, with the figures most likely to increase whenever a new report is released. Unarguably, the COVID-19 pandemic and the attendant economic downturn contributed to this as even global brands realigned their operations. They did this through

staff layoffs, furlough, remote work, and wage reduction to augment capital reserves and seek new capital sources for business optimisation, stability and solvency. Ford, for instance, designed a Powered Air-Purifier Respirator (PAPR), which provides filtered air for up to eight hours, allowing healthcare givers to work in a contaminated environment without fear of contracting the virus.

Effective Construction Estimating Will Curb Projects Abandonment, Says NIQS Bennett Oghifo The Nigerian Institute of Quantity Surveyors (NIQS) has said that the key to reducing projects failure and abandonment of construction projects across the country is found in well researched and thoroughly conducted construction estimating. President of the Institute, QS Mohammed Abba Tor, FNIQS, who made this known at the opening of a 2-day workshop with the theme, “Essentials of Construction Estimating for

successful Project Delivery” said delivering prompt values to Nigerians should be the mandate for the construction of any project. Tor who lamented the presence of 56,000 abandoned projects worth N12 trillion, scattered across the six geopolitical zones of the country said the Institute was committed to curbing the incidents of projects failure and abandonment through effective construction estimating. Making reference to why these projects exceeded their original

contract frame, Tor noted that not all project failure were caused by corruption, emphasizing that most projects fail due to lack of precise construction estimating in an era of price fluctuation. He said the objective of the workshop was to upscale the skillset of the NIQS members as well as deepen their knowledge in the tools and techniques of estimating, especially in the face of emerging technologies. He noted that specific issues, such as risk management, principles and techniques of

estimating, sustainability in construction, evolving information and communication technology, as well as real-life examples, were tackled during the workshop by a crack team of professionals and scholars. “Estimating is key in ensuring that resources that are supposed to go into construction are well computed and captured so that projects will now be assured of being delivered in terms of expectations and values from the stakeholders. “This workshop is an effort

to refresh the memories of our members and to also drive the point home that they must be more dedicated, vigilant, diligent, and exhibit competence in ensuring that clients get value for their money,” Tor explained. According to him, Construction Estimating must be approached with a high level of diligence, care and competence, as it requires systematic analysis of resources needed to accomplish any given project. He added that it forms an important component

of planning and serves as a baseline against which actual cost performance is tracked and measured. While admitting that the galloping cost of construction materials was beyond the QS, he however disclosed that as professionals, their responsibility was to ensure that their members assess and determine the cost of materials, as accurate and precise as possible. That way, he said, they will be contributing to national development.

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PROPERTY & ENVIRONMENT

Eco-Friendly Fuels will Check Air Pollution, Says Experts

xperts have raised concerns over rising level of air pollution in Nigeria as a new survey by some university researchers has established a link between poor academics in childhood and air pollution exposure. Indeed, the latest research result of the Columbia Center for Children’s Environmental Health published in the journal of Science Daily says children exposed to elevated levels of air pollution are more likely to have poor inhibitory control during late childhood and poor academic skills in early adolescence, including spelling, reading comprehension and math skills. The researchers note that road transport is a major contributor to greenhouse gases and air pollution in developing countries, just as flaring of gas, emanating from oil production, is rife with its huge economic losses and incalculable health hazards. The carbon dioxide, methane and soot released as a result of gas flaring are said to cause health issues such as cancer and lung damage, deformities in children, asthma, bronchitis, pneumonia, neurological and reproductive problems as well as environmental challenges which stall agricultural productivity and aquatic and wildlife lives. Experts, including John Walke, Director of the Clean Air Project, say air pollution not only contributes to climate change but is also exacerbated by it. “Most air pollution comes from energy use and production...Burning fossil fuels releases gases and chemicals into the air,” says Walke. This report is raising panic in Nigeria, which is said to have some of the worst air pollution in the world, with clouds of choking soot hanging over gridlocked cities, leading to a rise in serious health conditions and damaged vehicles. Global Alliance on Heath and Pollution in a report ranks Nigeria third in the world for pollution-related deaths and sixth in premature deaths caused by air pollution. An international resource watchdog group,

Willcrown Apartments being developed by Megamound Investment Limited

Stakeholder Democracy Network, in a report, estimates that 114,000 people die prematurely from air pollution each year in Nigeria. Many people in Lagos, Nigeria’s commercial capital, are said to be breathing polluted air leading to avoidable deaths. Indeed, a recent World Bank report estimated that air pollution caused over 11,200 premature deaths in Lagos, with children accounting for about 60 per cent. The health cost of air pollution was put at $2.1 billion, which was about 1.3 per cent of Lagos State’s gross domestic product GDP. This is not surprising considering about 13

million of mostly old cars imported from Europe and Japan on the nation’s roads, and hundreds of thousands of inefficient generators used by households and businesses for electricity emitting thick smokes. Researchers have found fuel imported from Europe and pumped into filling stations in Nigeria as extremely toxic. They found that such fuel extremely exceeded the EU pollution limits. “Our research suggests that Nigeria is having dirty fuel dumped on it that cannot be sold to other countries with higher and better implemented standards. The situation is so bad that the average

diesels sampled are of even lower quality that that produced by artisanal refining camps in the creeks of the Niger delta,” said Florence Kayemba, SDN programme manager. The WHO in 2016 adjudged Onitsha as the world’s most polluted city, recording a concentration of PM10s – soot particles – at 594 micrograms per cubic metre; compared with the WHO safe limit of 66. For instance, the air quality in Port Harcourt, Aba, Onitsha and Kaduna has reached crisis levels of pollution in recent years, with rising cases of asthma, lung, heart and respiratory diseases.

Lagos Designates 24 Magistrate Courts to Try Waste Bill Defaulters No fewer than 24 Magistrate and Mobile Courts have been enlisted by the Lagos State Judiciary to adjudicate on cases of waste bill defaulters and other environmental sanitation offences, including waste dumping. Making this known at the meeting of the Association of Waste Managers of Nigeria (AWAMN) in Lagos on Tuesday, Lawyer to the Association, Mr. David Fadile, said in response to a letter of complaint by the Association about the huge outstanding waste bills not paid by customers to the

operators and the continuous infraction on environmental sanitation offences by residents without adequate enforcement, the Lagos State Chief Judge, Justice Kazeem Alogba, has approved and dedicated 24 magistrate and Mobile courts across the State for the trial of offenders. He rolled out the courts, listing them to include Court 4, Epe in the Epe Magisterial District, Court 4, Yaba, Court 6, Ebute-Metta, Court 4, Surulere and Court 2, Mushin in the Yaba Magisterial District, Court 7, Apapa, in the Apapa Magisterial

District, Court 4, Ikorodu in the Ikorodu Magisterial Duistrict, Court 3, Badagry in the Badagry Magisterial District, Courts 9, 18 and 20, Ogba and Court 2, Ogudu, all in the Ikeja Magisterial District and Courts 6 and 10, Igbosere and Court 4, Tinubu in the Lagos Magisterial District, and Court 2, Eti-Osa in Etio-Osa Magisteria District. Others, according to Fadile, which are special offences courts, include Mobile Courts Nos. 1- 6, Oshodi, Ikeja, Environmental Court No. 6, Ikeja, and Correctional Centre Court, Ikoyi. He appealed to residents to

endeavour to always pay their waste bills to avoid being taken to court for sanctioning. Fadile told the PSP Operators that the courts have jurisdictions on environmental sanitation offences and fee recovery, stating that the courts were to handle cases relating to waste fee recovery and indiscriminate dumping of waste. He charged members to take advantage of the new development, sue and recover their unpaid fees once they have the evidence of servicing such a customer. “The new initiative,” Fadile

further told the waste managers, “is meant to empower you, enhance and sustain your businesses,” asking them to work stridently to meet the expectations of Government of a cleaner Lagos while advising the residents to always patronise the PSP Operators as they have no other source to take their waste for disposal. According to him, not patronising the operators is an environmental offence as waste dumping is highly frowned against by the law, warning that anyone taken before any of the designated

magistrate courts with the evidence of not patronising the operators would have to say where and how he or she disposes his or her waste “and if found that you are involved in waste dumping, it’s a serious environmental offence.” AWAMN President, Mr. David Oriyomi, congratulated members, describing the new development as most pleasing while asking members to rededicate themselves to their service and explore the opportunity presented by the new development if they are not paid for their services.

Economic Growth: SON Unveils Standardisation Strategy Bennett Oghifo The Standards Organisation of Nigeria (SON) has unveiled what is tagged the Nigeria National Standardisation Strategy (NNSS) to unlock a total of 658 standardisation projects in key priority areas classified by economic sectors as highlighted in the federal government’s Economic Recovery and Growth Plan (ERGP) and Nigerian Industrial Revolution Plan (NIRP). The Director, Standards Development, SON, Chinyere Egwuonwu, made this known

at a capacity building workshop for Media Practitioners in Lagos recently. The NNSS has a three-year implementation plan with assigned resources. Egwuonwu noted that the aim of the strategy is to support Nigeria’s industrialisation strategies and unleash prospects for improved socio economic development, maintaining that NNSS was officially approved by the Standards Council of Nigeria. She said standards development is demand/stakeholder driven, which means the standards must be developed

carefully, continue to meet stakeholders’ demands and expectations, noting that with the constant improvements in science, technology and innovation, demands for standards continuously increase. She however stated that there is always the constraint of inadequate resources both human and financial for carrying out standards development work, resulting in the need to focus on national priority areas in order to use the available resources to develop standards on most important areas.

Explaining the NNSS, she said it is a document that identifies priorities for standardization in a country based on an assessment of national needs, stressing that it is usually accompanied by a national implementation plan and gives orientation for national standardisation work within three years. “It helps to develop standards in a most effective way, using the available resources in the most efficient manner, driven mainly by the SON with strong stakeholders’ engagement and assessment

of national standardisation priorities,” she said. Egwuonwu said the NNSS is the first ever Nigerian standardisation strategy listing priority standards to be developed, adding that it is currently being driven by the SON with support from all the key stakeholders. She added: “The implementation is healthy and is also aligned with relevant regional, continental and international standards development organisations to make it relevant as an enabler for Nigeria to enter the global market. It is

strictly being implemented and we are working hard to ensure that we achieve the scheduled standards so that the needed standards are available for our stakeholders to participate in the ongoing African Continental free trade Area (AfCFTA).” She noted that a total of 274 standards were planned to be developed in the first year (2020) of the NNSS implementation plan and a total of 264 was achieved making it 96 per cent achievement despite the impacts of the COVID-19 pandemic.

Throne Homes Launches Affordable Housing in Abuja Throne Investment Homes Limited (TIHL), a real estate development and construction company, has launched its affordable housing initiative in Abuja. The initiative is aimed at ensuring that with as little as N50,000, residents in the

capital city stand a chance to own their dream homes. To drive this initiative further, the brand has brought on board Osas Ighodaro, Sharon Ooja, IamNasboy, Brain Jotter and Saheed Osupa as brand ambassadors, according to officials of the company.

TIHL is driven by passion to provide the best living Home experience for all living in Abuja metropolis and beyond. These affordable homes are currently available at Lugbe Layout 1 CRD, Aco, Idu Train Station and Apo. Speaking on the launch

of the initiative, Mr. Olalekan Micheal Ilori, CEO/ Chairman of Throne Group, expressed his excitement for the launch of this initiative and the amount of boundless opportunities it presents for those seeking quality and affordable housing in Abuja

and beyond. In his words, “With as little as N50,000, no matter what you earn, we can make a plan for you and make it possible for anyone to own a home. With this, we aim to make many people’s dream of owning quality

and affordable houses a reality,” he said. He also stressed the need for proper housing structures with great finishing that Throne homes promises to deliver on. Adding, he promised that standards would not be compromised.

IMAGES

10.08.2021 Photo Editor Abiodun Ajala Email abiodun.ajala@thisdaylive.com

L-R: Special Adviser to the Minister of Interior, Hon. Bola Ilori; Ekiti State Governor, Dr. Kayode Fayemi; and Controller-General, Federal Fire Service (FFS), Dr. Ibrahim Liman, during the unveiling of the new ﬁreﬁghting truck and gears donated to the state by the federal government, in Ado-Ekiti…recently

L-R: Executive Vice-Chairman/CEO, Nigerian Communications Commission (NCC), Prof. Umar Garba Danbatta; Minister of Communications and Digital Economy, Dr. Isa Ali Pantami; and Governor of Kano State, Dr. Abdullahi Umar Ganduje, during the opening ceremony of a two-day capacity building programme on e-Governance and Digital Transformation for members of Kano State Executive Council at the Digital Bridge Institute in Kano…recently

L-R: Deputy Commissioner Technical, National Insurance Commission (NAICOM), Alhaji Sabiu Bello Abubakar; Director of Research, Statistics and Publication, NAICOM, Alhaji Adamu Balanti; Commissioner of Insurance/ CEO, NAICOM, Mr. Olorundare Thomas; Deputy Director, Corporate Communication of the NAICOM, Alhaji Razaq Salami; and Lagos State Governor, Mr. Babajide Sanwo-Olu, during a courtesy visit to the governor at the Lagos House, Alausa, Ikeja…recently

L-R: The groom, Lukman Adewale Faniyi; parents of the bride, Prof. Ramat Olohuntoyin Na’Allah, and her husband/Vice-Chancellor, University of Abuja, Prof. Abdul-Rasheed Na’Allah; the bride, Saarah Asabi Na’Allah (Faniyi); and her sister, Haleemah Na’Allah, during the wedding ceremony of Lukman and Saarah in Ilorin, Kwara State... recently

L-R: Director-General, National Council for Arts and Culture (NCAC), Otunba Segun Runsewe, presenting an Award of Mama NAFEST to the wife of Ekiti State governor, Erelu Bisi Adeleye Fayemi...recently

L –R: Chairman, Abuja District of Chartered Institute of Taxation of Nigeria (CITN), Mrs. Clara Nnachi; Accountant-General of the Federation (AGF), Ahmed Idris; and President of CITN, Mr. Adesina Adedayo, during the courtesy visit of the Institute to the AGF oﬃce in Abuja…recently PHOTO: GODWIN OMOIGUI

L-R: Country Representative, United Nations Population Fund (UNPF), Ulla Mueller; mother of the 2020 Baby of the Year, Mrs. Hawa Sanni; Minister of Women Aﬀairs, Dame Pauline-Tallen; and her husband, Mr. Abdullahi Sanni, during the commemoration of the 2021 World Breastfeeding Week by the Federal Ministry of Women Aﬀairs, in Abuja...recently

L-R: State Lead, Association of Positive Youth in Nigeria (APYN), Benjamin Oduy; Chief Executive Oﬃcer, Lagos State AIDS Control Agency (LSACA), Dr. Monsurat Adeleke; and Information Communication Strategy Specialist (Lead Consultant), Oluwafunmilayo Taiwo, at a two-day capacity building for APYN to improve members access to HIV Prevention, Treatment, Care and Support, organised by LSACA in Lagos…recently

TUESDAY, ͹͸˜ ͺ͸ͺ͹ ˾ T H I S D AY

THE ALTERNATIVE

with RenoOmokri

Every Day For Hush and Kyari, One Day For FBI

adly, Abba Kyari’s case has taken on an ethnic dimension and has gotten to the outrageous extreme where a Northern body is accusing Southern Nigerians of colluding with the Federal Bureau of Investigation (FBI) to tar any rising Northerner. This is all the more pathetic considering that this same group lauded President Buhari when he extrajudicially hounded a Southern Chief Justice of Nigeria, Justice Walter Onnoghen, out of office, only to replace him with a very shallow Northern Muslim who struggled to explain what a technicality meant. How can you support the ouster of Onnoghen and condemn the indictment of Abba Kyari? Do you see the ridiculous extent to which ethnicity and religion have reduced us? I am delighted that Buhari is out of the country and hiding from me and other #HarassBuhariOutofLondon. If he had been in Nigeria, there is a possibility that Northern esprit de corps would have kicked in, and nothing would have happened to Abba Kyari, just like nothing happened to Isa Pantami, whose offence (terror sympathising) is actually greater than Kyari’s alleged crime. We remember the case of Professor Usman Yusuf, the Executive Secretary of the National Health Insurance Scheme, who was suspended by Vice President Yemi Osinbajo for alleged acts of grand corruption while President Buhari was holed up in London. What happened? Buhari returned and predictably restored his fellow Fulani back to power at the NHIS. Abba Kyari is Kanuri, like Buhari’s late mother. We hope Buhari will not return and repeat history. But we are missing a serious point over this Kyari matter. In America and the United Kingdom, when a rogue policeman

Hushpupi

Kyari

or prosecutor has been exposed, all his previous cases are x-rayed. Sacking Kyari from his post as the head of the Intelligence Response Team and suspending him is not enough. As a nation, we need to investigate his convictions to see how many innocent persons he has sent to prison or to their Maker in the past. This is because, from the irrefutable evidence released by the FBI, we now see that Kyari arrested Chibuzor Kelly and only after arresting him did he ask ‘what did he do?’ This is poignant. It means anybody with enough ‘change’ could have influenced Kyari to arrest his enemy, whether innocent or guilty. Kyari’s style is not innocent until

proven guilty. It is arrest first, ask questions later. What if the ‘suspect’ dies before the answer to ‘what did he do?’ comes? We know of at least one incident where that happened. The so-called Principal suspect in the Offa bank robbery case, Michael Adikwu, an Igbo man like Chibuzor Kelly, died in Abba Kyari’s custody. This is after another suspect in that case, Ayoade Akinnibosun, testified in court that Abba Kyari brutally tortured all the suspects in that case. Testifying in court on Friday, March 15, 2019, Akinnibosun said “He (Abba Kyari) promised that they would reward me handsomely and set me free if I can indict Senator Saraki. When I disagreed,

they called some policemen to take me back to their cell. During this time, my hands were tied to my legs in the back.” Think of this before you feel sorry for Abba Kyari, or before you believe that Southerners, like me, have colluded with the FBI to frame Kyari. Every day had been for Abba Kyari. Let us let this one day be for his victims. And they are many. Abba Kyari’s history is replete with tortures, police brutality, and heavy-handedness. He is too brutally victorious to be a victim, and playing the victim now, does not suit him. Even the oloriburuku Governor of Borno state, Babagana Zulum, who on January 17, 2021 accused Christians of being members of Boko Haram, has distanced himself from Abba Kyari, releasing a statement denying ever visiting Abba Kyari and saying also that he does not even know where the crooked cop lives. And let me end this piece by cautioning parents to avoid comparing their children to other people. ‘See you mate’ has driven too many people into crime. Last year, many of these sorts of parents thought Hushpupi was more blessed than their children. Today, Hushpuppi would die to be in their children’s shoes. Parents should help their children learn the virtue of contentment and envy no one by teaching them to compare themselves to no one. If they must be compared, let it be a comparison with who they were yesterday or their own potential. As humans, we see only a thumbnail photo of people’s lives. Only God sees the full picture. Therefore, don’t Kyari another person’s matter on your head. Peace of mind with little is better than a pierced heart with much. The grass looks greener where it is well watered with fraud. But remember, looks can be deceitful. Every day is for Hush and Kyari. But only one day is for the FBI. #RenosNuggets #FreeLeahSharibu

Olusegun Ogundimu: A Life of Impeccable Legacy and Service To Humanity An extraordinary exploits of a life fully lived As former Governor, Olagunsoye Oyinlola Mourns

Lanre Alfred

here’s something exhilarating about Dr. Olusegun Oluwatoberu Ogundimu. Even in death, he defies the deceased soul stereotype. Ogundimu wouldn't slip into oblivion, rather he exerts a commanding presence in the lives of his beloved family, friends and associates. It hardly matters that he has passed on to join the choir invisible of the immortal dead, fond memories of him persist in lives and minds made better by his presence. Thus Dr. Segun Ogundimu lives on. Hardly anyone understands his staying power; perhaps it's due to his creative genius and enthusiasm in the interests of the collective that his memories live on in the minds of lives enriched by him. This among many other things, makes him a very interesting character in death as he was alive. A former two-time commissioner for health in Lagos State, Dr Olusegun Oluwatoberu Ogundimu died on Friday, July 23, 2021, after a brief illness. He was aged 71. Ogundimu left behind an impeccable legacy and life well spent to the service of humanity. He founded Jon-Ken Hospital, Akoka and Clearline Health Insurance, a foremost Health Maintenance Organisation in Nigeria He was also a strong advocate of democratic governance and the One Nigeria dream, aimed at promoting healthcare development in the country. Ogundimu began his career in active politics at a relatively young age. He had vied for the position

TRIBUTE of the chairman of Somolu Local Government in Lagos State, as an independent candidate and came third in the polls. Buoyed with a strong sense of purpose and determination to change the narrative and make an indelible impact, Ogundimu, in 1992, ran for the position of the President of Federal Republic of Nigeria, under the now defunct National Republican Convention (NRC) party which ended up giving that honour to Bashir Tofa. He was later appointed as chairman of the Lagos State Water Corporation during the tenure of Sir Michael Otedola. He was later appointed as the Commissioner of Transport, Lagos State, where he was also the Chairman of the Petroleum Distribution Task Force before being appointed as the Commissioner of Health, Lagos State. Ogundimu, as a commissioner during the military administration of Buba Marwa, embarked on numerous health programmes that promoted the healthcare delivery system in Lagos State, particularly for the benefit of grassroots people. He was appointed member, Lagos State Hospital Inspectorate Committee in 1985, Chairman, Lagos State Water Corporation in 1992 – 1994, member TaskForce, Traffic Decongestion and Control, Lagos State in 1993. Upon his appointment at the Federal Ministry of Health, Ogundimu resuscitated the moribund National Health Insurance introduced by the late Prof. Moses Adekoyejo Majekodunmi, with a lot of hard work and perseverance. He, alongside

Olusegun Ogundimu other notable patriotic Nigerians, were able to realise the dream of the National Health Insurance Scheme during the administration of former president Olusegun Obasanjo. Ogundimu was later appointed as the Chairman of Port Harcourt Teaching Hospital, Rivers State by former president Goodluck Ebele Jonathan. This happened to be his last appointment by the Nigerian government. In his condolence message to the deceased

family, Prince Olagunsoye Oyinlola, the former Military Administrator of Lagos State and former governor of Osun State, paid tribute to the man he described as his brother and friend. “I became acquainted with Dr. Olusegun Ogundimu when I was Military Administrator of Lagos State from 1993 to 1996. He was my commissioner for health during that period. Dr. Ogundimu served Lagos conscientiously and with uncommon dedication. Together, we initiated health policies and executed programmes and projects in Lagos which have endured the corrosion of time and politics. He was a patriot. He was also my friend and brother. “Life is about service to God and humanity. From the way he lived, this appeared to be the motto of Ogundimu’s life. His death has robbed Lagos and, indeed, Nigeria a leader with progressive ideas. The medical profession has lost an icon and a voice in critical circles. Our circle of friends has also lost a valuable member. We all miss this great man who had no enemy,” he wrote. Oyinlola prayed to God to grant Ogundimu’s family, friends and associates the fortitude to bear his loss. According to a statement released by son of the deceased , Damilola Ogundimu, the funeral ceremony of Ogundimu will kick off on Wednesday, August 11, with a Christian Wake Keep/Service of Songs, at the prestigious Darlington hall, Plot CDE Industrial Crescent, off Town Planning Way, Ilupeju, Lagos, while the burial service will hold on Thursday, August 12, at All Saints Anglican Church, Montgomery road, Yaba

T H I S D AY ˾ TUESDAY AUGUST 10, 2021

BUSINESSWORLD R A T E S MONEY MARKET OBB OVERNIGHT

A S

REPO 27.50% 28.75 %

CALL 1-MONTH 3-MONTH

A T

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A U G U S T

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

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Group Business Editor Eromosele Abiodun

S & P INDEX 1/4 TO DATE

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YEAR TO DATE

9 , 2 0 2 1 EXCHANGE RATE N411.50/1US DOLLAR* *AS AT LAST FRIDAY

0.40% -20.10%

Report: Nigeria Recorded Increased Manufactured Goods’ Export, Employment and Productivity in July

Dike Onwuamaeze The Stanbic IBTC Bank Nigeria’s Purchasing Manager Index (PMI) report has stated that the export of Nigerian manufactured goods, employment and productivity in the economy grew in the month of July 2021. The report added that the rate of inflation eased to a seven-month low during the period under review. It said that the headline PMI rose in July to 55.4, up from 53.6 in June. The reading signaled a

marked improvement in business conditions, and one, which was the strongest since January 2020. The PMI headline readings above 50.0 from the headline figure would signal an improvement in business conditions on the previous month, while readings below 50.0 show deterioration. The PMI report indicated that foreign demand for made in Nigeria goods and services went up for the third successive months this year in July. The report attributed the rise to improvements in global

economic demand conditions that led to higher exports. It said that the rate of expansion strengthened for the second month running and improved to a new series high in July. The PMI report also showed that output rose at a sharp and accelerated pace at Nigerian private sector firms in July. According to the report, “The rate of growth was the joint-quickest since August 2020, as greater customer demand and new client wins drove the latest upticks.” The report added: “Nigeria’s private sector began the second

half of the year on a positive footing as they continued the run of expansion that began in July 2020. Quicker upticks in output, new orders, purchases and employment supported growth. Despite this, firms were able to keep backlogs at bay, though sentiment did moderate to the weakest since last September. “On the price front, higher raw material, wage and transportation prices were linked to another robust rate of overall input price inflation. Output prices also rose sharply. Moreover new orders received by

Nigerian private sector firms rose for the 13th successive month in July.” The report said that the rate of growth quickened fractionally from that in the previous survey period and was the sharpest since January 2020 and attributed higher sales to improved demand conditions. The Stanbic IBTC report stated that employment index rose in July as its data pointed to a sixth successive monthly expansion in staffing levels at Nigerian private sector firms. The rate of growth, it added, quickened from June’s three-

month low and posted above the long-run series average. It revealed that a surge in demand encouraged hiring activity at the start of the third quarter “Overall input prices incurred by private sector firms in Nigeria rose in July, as has been the case throughout the series. Underlying data revealed that rising purchase prices, particularly for raw materials and higher staff costs, drove the increase. That said, the rate of inflation eased to a seven-month low, “it stated.

Vandalism Persists Despite NNPC’s N72bn Annual Pipelines Management Spend Covering Security, Maintenance, Others Emmanuel Addeh in Abuja Despite spending an average of N6 billion every month, covering security and maintenance, pipeline repairs, marine distribution, pipeline management costs, strategic holding, vandalism of pipelines belonging to the Nigerian National Petroleum Corporation (NNPC) and its partners, is far from abating. According to the Monthly Financial Operations Report (MFOR) of the NNPC, in January 2020 alone, the NNPC spent N1.603 billion on pipelines repair, marine distribution was N1.4 billion while pipelines management cost was N1.666 billion, among other expenses. A breakdown of the total amount spent within 10 months

last year by the NNPC to repair and manage pipelines showed that N5.48 billion was spent in January; N6.74 billion in February; N7.70 billion in March; N7.84 billion in April and N7.99 billion in May. Although a large portion of the over 5,000-kilometre pipelines across the country is no longer functional due to ageing and vandalism, with products now transported by road, the corporation continues to spend huge resources its management. The report also revealed that between January 2012 and December 2014, losses from vandalism of crude oil pipelines and petroleum products stood at about N202.68 billion, while petroleum products strategic

holding cost and pipeline repairs and maintenance cost for the period gulped N358.88 billion. In the same vein, between January 2019 and September 2020, a total of 1,161 pipeline points were vandalised across Nigeria in the 21 months, according to data from the national oil company. Many of the cases of sabotage and vandalism, the NNPC said, happen around the Port Harcourt axis, Mosimi-Ibadan axis, Gombe and Warri-River Niger. But despite the investment on pipelines security, the menace does not seem to be abating. For instance in September 2020, a total of 21 pipeline points were vandalised, a 43 per cent decrease Source: NNPC

Continued on page 26

M A R K E T D ATA A S AT M O N D AY A U G U S T 9 , 2 0 2 1 FGN BONDS DESCRIPTION 11.668 FGNSB 15-AUG-2021 10.301 FGNSB 16-AUG-2021 11.150 FGNSB 11-SEP-2021 12.364 FGNSB 12-SEP-2021 12.175 FGNSB 10-OCT-2021

Price

Yield

BILLS Change (%)

MATURITY

OTC FX F U T U R E S

Discount Yield Change (%)

100.14

3.16

0.00

NTB 26-Aug-21

3.00

3.00 0.00

100.13

3.16

0.00

NTB 9-Sep-21

3.10

3.11 0.00

100.71

3.13

0.00

NTB 16-Sep-21

3.15

3.16 0.00

100.85

3.12

0.00

NTB 30-Sep-21

3.25

101.52

3.08

0.00

NTB 14-Oct-21

3.35

CONTRACT TENOR (MONTH) 1

Contract

Current Rate ($/₦)

NGUS AUG 25 2021 420.93

NGUS SEP 29 2021 422.38

NGUS OCT 27 2021 423.83

3.27 0.00

NGUS NOV 24 2021 425.28

3.37 0.00

NGUS DEC 29 2021 426.73

C Ps MATURITY

Discount Yield

Change (%)

MREP CP XXXI 13-AUG-21 UNCP CP III 27AUG-21 VAAG CP I 27AUG-21 TTNG CP II 31AUG-21 SIBP CP I 2-SEP21

9.02

9.03

0.00

4.26

4.27

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10.20

10.25 0.00

4.59

4.60

0.00

4.13

4.14

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TUESDAY AUGUST 10, 2021 ˾ T H I S D AY

BUSINESSWORLD

NEWS

AWARD FOR EXCELLENCE…

L-R; Head Cybersecurity- Digital & Technology Consulting Pcl, Ben Nnatuanya; Partner Digital and Technology Consulting Pcl., Jason Ikegwu; Head IT NCC, Abraham Oshadami; Principal Manager- IT NCC, Muhammed Bello and Marketing Communications Lead Pcl., Sola Turner during the presentation of Phillips Consulting 2020 Digital Jurist award to the Nigerian Communications Commission for the best website and the best digital touch-points in the Government parastatal category in Lago...recently

Sylva: Oil and Gas Sector Prone to Cyber-attack, Seeks Defence Sector Intervention Kingsley Nwezeh in Abuja The Minister of State for Petroleum Resources, Timipre Sylva, yesterday raised the alarm that the oil and gas industry was prone to cyber attack. He called on the Nigerian defence sector to avail federal government recommendations on how Nigeria could prepare in the event of a cyber-attack on the oil and gas sector. But the Minister of Defence, Maj. Gen. Bashir Magashi (rtd), said federal government was leveraging digital technology for enhanced national security architecture. Sylva, who spoke at the National Defence College, Abuja, while delivering the

graduation lecture of Course 29 of the college, said if the attack was not quickly prevented, it may lead to distribution challenges and panic-buying as was witnessed in the United States recently. Speaking on the lecture titled: “Enhancing Digital Technology in the Oil and Gas Sector of Nigeria for National Development”, the minister explained that panic-buying usually led to drained supplies at thousands of gas stations. “The Saudi Aramco case should be instructive to operators in the industry. An employee of Saudi Aramco with privileged access had on August 15, 2012 opened a scam email in an intentional act of

sabotage involving the release of a virus that destroyed the entire computer system of the organisation in hours. “There is also a recent case in the United States involving the largest fuel pipeline in the country, whose operations were shut down for nearly a week after a cyber-attack. “The attack caused distribution problems in the U.S. and panicbuying that drained supplies at thousands of gas stations”, he said. The minister, however, said promoting digital transformation in the nation’s oil and gas industry would boost profitability and efficiency, adding that closing the digital gap would help lessen hindrances to efficient

production and improve process optimisation in the country’s oil and gas industry. He maintained that in order to enhance digital technology, there should be a deliberate effort to build resilience and sustainability in the oil and gas infrastructure, stressing that this would protect the country’s key economic assets from cyber-attacks and other web-based criminalities. He called for increased funding for the sector to ensure effective development, promotion, and implementation of petroleum technology and manpower expansion policies through research and training. In his remarks, the Minister of Defence, Maj. Gen. Bashir Magashi (rtd), said federal

government was leveraging digital technology for enhanced national security architecture. He assured that the overall interest of government under the present administration of President Muhammadu Buhari was focused on enhancing security of lives and property of the citizenry. He gave assurances that the on going military campaigns in parts of the country against terrorism, banditry, kidnapping and militancy were on course. He said Nigerians needed to appreciate the effort of the President Buhari to emplace collective security. He said “the support of Nigerians and friendly nations were germane to end

the nation’s internal security challenges pointing out that government relied heavily on digital technology for safe and secured environment especially in this period of the fourth global industrial revolution. The defence minister, who placed it on record that provision of security was a continum thanked the leadership of the National Defence College under the watch of the Rear Admiral Oladele Bamidele Daji for the choice of the topic of the lecture”. On his part, the NDC Commandant, Rear Admiral Oladele Daji, said technology had assumed a prominent place among the factors that created nexus between national security and development.

NIPOST Alleges Shady Deals in Capital Market, Raids Courier Firm over N15m Illegal Contract Emma Okonji The Courier and Logistics Regulatory Department (CLRD) of the Nigerian Postal Service (NIPOST),

Group Business Editor Eromosele Abiodun Comms/e-Business Editor Emma Okonji Aviation Editor Chinedu Eze Asst. Editor, Money Market Nume Ekeghe Senior Correspondent Raheem Akingbolu (Advertising) Correspondents James Emejo (Finance) Ebere Nwoji (Insurance) Chineme Okafo (Energy) Emmanuel Addeh (Energy) Reporters Nosa Alekhuogie (ICT) Peter Uzoho (Energy)

has announced that it has uncovered some of the shady deals going on at the Nigerian capital market, involving some company registrars. The recent exposure was about a shady deal involving a Registrar to an old generation bank, who allegedly contracted a business worth N15 million to a courier company, Big Courier Limited, alleged to be an illegal operator. It was learnt that the operating license of the courier company had been revoked by CLRD since 2018. The said business was about the processing of the 2020 Annual Reports of a quoted company in the oil and gas sector, worth N15 million,

handed over to the courier company by the Registrar, in preparation for the 52nd Annual General Meeting (AGM) of the oil and gas firm, which held on August 3rd, 2021 in Lagos. An arm of NIPOST, CLRD is responsible for the registration, regulation and monitoring of courier operations in Nigeria. The Postmaster General of the federation, Dr. Ismail Adebayo Adewusi, who was informed of the shady deal, was said to have been unpleased with the development and has involved the Economic and Financial Crimes Commission (EFCC), to further investigate the matter. The ugly development in the

Capital Market, prompted the raid of the courier company, located in Ikeja, Lagos, at the weekend, by the enforcement team of CLRD. Led by the Assistant General Manager in charge of Ethics, Complain and Strategy at CLRD, Mr. Worimegbe Banks, in company of Police officers from FCIID, Alagbon, Lagos, the enforcement team raided the premises of Big Courier Limited, arrested the manager and went away with courier documents, including a dispatch motorbike belonging to the firm. The documents include: receipt booklets, bundles of 2020 Annual Reports booklets belonging to MRS Oil Ni-

geria Plc, cartons of Huawei USB, files, registration book, among others. General Manager, CLRD, Mr. Gideon Shonde, who gave details of the raid and why it was carried out, said the clampdown was a major breakthrough for NIPOST in the fight against illegal and unlicensed courier operations in Lagos State. According to him, the courier firm had been under surveillance for illegal operation for six years after refusing to validate its operating license since 2013. “The operating license of the courier company was eventually revoked in 2018 for default in payment of renewal fee to the

tune of N1.9 million. While they were busy processing the Annual Reports of an oil and gas company worth N15 million, the enforcement team of CLRD, clamped down on them. Arrest of its staff was made and an evidence of illegal operation was established, and prosecution will commence in earnest,” Shonde said. He further said it was worrisome that the Registrar could leave out licensed courier operators, to patronise illegal courier operator, in a sensitive business that has to do with the printing and distribution of a company’s annual financial report to its shareholders, while serving them notice of meeting.

VANDALISM PERSISTS DESPITE NNPC’S N72BN ANNUAL PIPELINES MANAGEMENT SPEND COVERING SECURITY, MAINTENANCE, OTHERS from the 37 points recorded in August 2020. But in the latest figures released by the NNPC on Sunday, it climbed to 70 in March this year. While Port Harcourt area accounted for 54 per cent of the breakages, Mosimi’s share of points vandalised stools at 46 per cent, a development the corporation said “continue to

destroy value and put NNPC at a disadvantaged competitive position.” From January 2020 to January 2021, NNPC documents showed that the company spent a total of N59.1 billion on the repair and management of the pipelines within a year. Although figures from various sources on how much products

Nigeria lose from the breakages vary, it is estimated that between 200,000 barrel per day to 400,000 bpd is being lost to the menace today. But recently, Group Managing Director, NNPC, Mele Kyari confirmed that Nigeria is losing an average of 200,000 b/d of its crude oil production to theft, indicating a surge in pipeline

sabotage. Kyari spoke when he held talks with the Chief of Defence Staff (CDS), Gen. Lucky Irabor, on ways to curb frequent attacks on pipelines and large-scale siphoning of the crude. The NNPC chief said that while attacks on its key oil products pipeline network System 2B, mainly used to transport

imported gasoline, had reduced considerably due to support from the security agencies, crude theft had become more prevalent. Most of the expenses are funded from domestic crude oil sales revenue before the monies is remitted to the Federation Account, a situation that has partly led to its dwindling contribution to the joint account.

T H I S D AY ˾ TUESDAY AUGUST 10, 2021

BUSINESSWORLD

POWER

The Mambilla Debacle

For over four decades, the Mambilla hydropower project, located in Taraba state, has been in the works, at least on paper. In those years, every succeeding administration has mouthed how critical the project is to the ailing power sector in the country. Emmanuel Addeh writes that plans by the Muhammadu Buhari administration to see the take-off of the project appears to have hit a brick wall again.

ssentially, the Mambilla hydroelectric project was originally conceived in 1972, but some form of progress was made in 2007, 35 years later when China’s Gezhouba Group was awarded a contract to develop the project with 2,600MW installed initial capacity. With the ground survey for the project completed in August 2010 and environmental approval in December 2011, the capacity of the project was thereafter increased to 3,050MW in 2012. The project was, however, put on hold due to administrative clashes, until it again received government approval in 2016 when the Federal Ministry of Power Works and Housing awarded the project development contract to a consortium of three Chinese companies, including the Gezhouba Group, in November 2017. Set up to comprise four dams and two underground powerhouses having 12 turbine generator units in total, as part of the plans to solve the perennial problem in the power sector, the Olusegun Obasanjo ressurected the project during his first term. But since then, it has been from one obstacle to another. A contract for the construction of a 3, 960MW Hydroelectric Power Project in Mambilla was on a Build, Operate and Transfer (BOT) arrangement for a provisional $5.8 billion. In August 20, 2003, Sunrise, according to available information, engaged Sinohydro to construct the project on an Engineering, Procurement and Construction (EPC) basis, but work was stopped when the firm got the information that the Federal Executive Council did not approve the memo recommending it for the project and directing Sunrise to tender for the project when it is advertised. Mambilla, expected to be Nigeria’s biggest power plant, producing approximately 4.7 billion kWh of electricity a year, will generate up to 50,000 local jobs during the construction phase. From the now stalled arrangement, the Chinese Export Import (Exim) Bank is funding 85 per cent of the estimated $5.8bn project cost, while the remaining 15 per cent funding will come from the federal government. The engineering, procurement and construction (EPC) contract for the Mambilla Hydropower project was awarded to a joint venture between China Gezhouba Group (CGGC), Sinohydro and CGCOC (formerly CGC Overseas Construction), in November 2017.

WHY MAMBILLA MUST WORK

A complex of four dams and two underground stations in the eastern Nigerian state of Taraba, the dam will be Nigeria’s largest power plant at 3,050MW and if all plans go well, which doesn’t look likely, as it is supposed to be completed by 2027. Apart from creating thousands of jobs directly, and enabling the growth of many more through

more reliable energy services, Mambilla will have a number of additional benefits. These include the fact that it is a low carbon electricity and with the renewed drive to cleaner energy, will help Nigeria achieve its Vision 30:30:30, when it hopes to achieve 30 per cent renewable energy and 30GW capacity by 2030. Since the power transmission network is still very weak, and if not upgraded before Mambilla comes on stream, some power could be exported through the West African Power Pool (WAPP), a group of 14 member countries and 27 national utilities. Experts further believe that building this market could save about $5 to $8 billion per year regionally and will further allow for greater direct-use through irrigation and farmland development to improve agricultural production and food security. Aside aiding agriculture, manufacturing, and tourism and help to control flooding, improve irrigation, as well as promote recreational activities, the proposed 3050MW, which has now been scaled down to 1,525 MW and $4 billion has literally speaking, seen trouble from all sides. Recently, a World Bank report revealed that businesses in Nigeria lose about $29 billion annually as a result of the country’s erratic power supply. If Mambilla works, this will be considerably reduced.

LAWMAKERS EXPRESS ANGER

When members of the House of Representatives Committee on Power, visited sometime ago, they expressed anger over the inability of the multi-billion project to commence operation, over 48 years after the facility was initiated. The lawmakers maintained that if not meticulously monitored, the project located in Taraba State, might go the way of the almost $500 million Abuja Closed Circuit (CCTV) contract, which was fully funded, but never saw the light of day. The project had been awarded to different contractors with huge monies expended, but had encountered several set-backs, prompting former President Olusegun Obasanjo to reaward it in the twilight of his administration and subsequently cancelled by late President Umaru Musa Yar’adua. In 2017, under President Muhammadu Buhari, the project was again awarded as a Joint Venture to Chinese firms for about $5.792 billion to be partly funded by the China Export Import (EXIM) Bank as a concessionary loan. Speaking during an oversight assignment to the power ministry, Chairman, House of Representatives Committee on Power, Magaji

Aliyu who led other lawmakers, expressed surprise that though billions of naira had been spent on the project by successive administrations, there was nothing to show that the project had even commenced. The House members who grilled some directors of the ministry, stressed that henceforth all documents on the agreements with the Chinese firms and bank must be made public. “How much money was appropriated and how much money was released out of the appropriation until the government of Buhari. We understand now that we only just acquired the land. Somebody, somewhere must have been pocketing the money. “From what you told us, that is the idea I have. The minister must let us have an audited report on the matter. Let us know how many years this project has been in the books, how much money was appropriated and what was done with the money” he said. “But speaking on behalf of the minister, Faruk Yabo, Director Renewable Energy and Rural Power Access, who is also the Chairman, Project Delivery Committee of the Mambilla project, explained that until last few months ago, nobody could say for sure that the project was taking off. “Two committees have been set up. We have been inaugurated and we have visited the site after about 10 hours of long journey, including going on bikes. “That is to tell you that as we speak there is no even access road to the site. So, the road ends about 20 kilometres to the place. But since the inauguration of this committee, we have met with the Taraba state governor, the contractors and consultants and other experts. Within the next two months we will come out with an optimised design,” he assured at the time.

SLOW PROGRESS

Months later, Minister of Power, Sale Mamman, said that the federal government had finished the feasibility studies, the land and area survey and was waiting for contractors to mobilise to site. Added to that, the federal government said it had commenced the payment of compensation to host communities in Taraba state, where the take-off of the long-awaited project is located. During a visit to the communities, he said that part of reasons for the meeting was to disseminate the desired information and galvanise their support as the federal government moves to the project implementation stage. According to him, the next step would encompass the survey and enumeration

for compensation after the constitution of the Inter-Ministerial Steering Committee (IMSC) and the Project Delivery Committee (PDC) on the project by President Muhammadu Buhari, in January this year. He said that the signing of the Memorandum of Understanding (MoU) with the Taraba state government, before now, was to enhance project coordination and to facilitate acquiring land titles for the project sites. Mamman added that the land and aerial surveys of the project site, development of a comprehensive project implementation manual (PIM), a comprehensive local content promotion strategy and gathering of 50-year hydrological data of the Mambilla Plateau, had also been carried out. The minister also stated that the government had identified new ways of resolving the lingering arbitration on the project and reviewing of the project to ensure its bankability as required by the lenders to ensure that the project will offer the cheapest electricity tariffs to the market. He added that the federal government had begun the training of at least 500 individuals under the Youths Empowerment and Skills Acquisition Training (YESAT) as part of the Mambilla Hydroelectric Power Project (MHEPP) local content initiative.

LEGAL CHALLENGE

Just when everyone thought the project was gradually taking off, Sunrise has again resurrected, flaunting documents that it says entitles it to some form of compensation for alleged breach of contract. Accusing the government of defaulting on a $200 million settlement agreement it entered with the company, Sunrise contended that the deal was supposed to make it relinquish all claims to the $5.8 billion project, which has now been revised. The parties also appeared to have agreed that if the federal government failed to meet its payment obligations contained in the terms of payment, Sunrise will be entitled to a financial default sanction in the sum of $200 million in addition, to the unpaid principal sum of $200 million.

SUNRISE’S FRONTS

Mamman, however, stated that the federal government revoked the $2.3 billion Mambilla hydropower project contract with Sunrise because the government found out that the company was ‘fronting’ for a foreign business organisation. NOTE: Interested readers should continue in the online edition on www.thisdaylive.com

TUESDAY AUGUST 10, 2021 ˾ T H I S D AY

BUSINESSWORLD

ANALYSIS

Tackling Intractable Cooking Gas Supply Challenge As consumers and marketers of Liquefied Petroleum Gas commonly known as cooking gas groan over the continuous rise in the price of the product largely caused by insufficient in-country supply, high importation costs and multiple levies by agencies, Peter Uzoho asks why there have been more talks and little actions from the federal government to address this challenge

he price of Liquefied Petroleum Gas (LPG) commonly known by consumers as cooking gas has maintained its upward trend since December 2020, with the product now selling for about N500 for one kilogramme (kg) in some places in Nigeria. This has left many consumers groaning over the ugly situation. In Lagos, the nation’s commercial hub, a- 6kg cylinder now costs N2,400 to fill as against N2000 in June, while the price of 12.5kg gas cylinder now takes N5,200 to fill. In December 2020, the price of 12.5kg cylinder for LPG was N3,200; in June, 2021, it was sold for N4,400 and from last month July till date, the product is sold for N5,200. Marketers of the product said 20MT of LPG is now sold for over N7 million, lamenting that they were spending what they used in buying 40MT some months ago to get 20MT now. The continuous hike in the price of the product has been linked to multiple factors, including the low supply of the product from the Nigeria Liquefied Natural Gas (NLNG), scarcity and high cost of foreign exchange (US Dollar) for importation, and the multiple administrative levies charged marketers by some agencies of government. These costs are transferred to the consumers as the marketers have to factor in all they have spent to bring in the product and all they have spent on charges locally.

LARGEST GAS PRODUCER

Nigeria is the largest gas producer in Africa and a major supplier to the world. The country’s proven gas reserve stands at 203 trillion cubic feet (tcf) as at January 2021, according to the Department of Petroleum Resources (DPR), the main regulator of the nation’s oil and gas industry. The country with its over 200 million population has continued to struggle to satisfy its LPG need. Africa’s largest oil and gas producer relies majorly on supply from import while its liquefaction company, NLNG, though co-owned by three international oil companies (IOCs), continues to shortchange the nation by focusing more on exporting the same product to earn foreign exchange. Nigeria currently consumes about 1.2 million metric tonnes of cooking gas and only 350,000MT is being supplied to the local market by the NLNG while the larger shortfall is met through importation. This comes with huge impact on the consumers who are subjected to paying through their noses to obtain the product at high retail prices. Successive governments had made several attempts to boost the nation’s LPG utilization and move the masses away from the use of charcoal, firewood and kerosene for health and environmental concerns but those efforts have yielded little or nothing. The current administration upon its assumption in 2015 had boasted that it would aggressively boost the nation’s domestic LPG supply so that Nigerians would have more access to the product. However, six years down the line, it is

still the more you look, the less you see. Just last December 2020, the government launched its National Gas Expansion Programme (NGEP), a vehicle it wanted to use to enhance local gas supply and utilization, with LPG as one of the key items on the plate. Added to that, last June, the government also declared year 2021 to 2030 as the decade of gas, meaning that the nation would be boasting of being able to satisfy its local gas needs by the end of the decade. But with eight months already gone since the launch of NGEP, many Nigerians are wondering when the result of such programme will be visible and felt by the people.

LACK OF DECISIVE ACTION

Marketers and analysts believe that ending the sufferings Nigerians are made to go through to get LPG for their cooking is not a rocket science and too difficult for any serious government anywhere. They however said that successive governments in Nigeria had not shown such needed seriousness to arrest the situation. They wondered why a country will have a company that has the capacity to supply the LPG needed in the country would not order the company to first satisfy the country’s local demand before exporting. They argued that LPG like other commodities thrives on demand and supply, with all the market fundamentals playing their natural role on it- inflation, exchange rate, import charges, taxes and levies, the price of oil, and others. “I think the way forward is, first and foremost, let there be increase in supply by the NLNG to the local market so as to reduce the FX on import, because import is creating a lot of problem now,” a source at NIPCO Plc, who pleaded anonymity, told THISDAY. He also attributed the 7.5 per cent Valued-Added Tax (VAT) which has just been added to the charges on imported LPG as part of the causes of the rise in the price of the product. He said, “There is the newly-added VAT on imported LPG which was not there before. But the major thing that is responsible to the rise in price is Forex. The two main things now are VAT and sourcing Forex. All us of are aware of the way Dollar has been skyrocketing against the Naira. “Many are looking up to the NLNG but the supply is not coming because at a time, NLNG said they could not mortgage their export for Nigerian market. If NLNG can give enough product, this skyrocketing price will be reduced drastically. NLNG do supply product but the thing is that whatever they supply is never enough for the domestic market. It was 150, 000MT but they increased it to 300,000MT.”

Adding that most depot owners in the country do more of import and that the multiple charges by the agencies was still on the front burner, the NIPCO source revealed that the Petroleum Products Pricing Regulatory Authority (PPPRA) introduced a kind of Administrative levy on LPG. THISDAY had exclusively report in January this year that multiple exorbitant charges by the regulators including the DPR, PPPRA, were contributing significantly to the astronomical rise of the LPG price. The Nigeria Liquefied Petroleum Gas Association (NALPGA) had also said at the time that the levies on a 20MT LPG truck had exceeded N120,000, listing the levies as NUPENG levy – N23,000; DPR’s Off-Take Permit – N50,000; and PPPRA’s Administrative Fee – N49,200, all totaling N122,200. He had said the levies were just a few of the many rates being paid by the marketers, which were passed to consumers. The Executive Secretary of National Association of Liquefied Petroleum Gas Marketers (NALPGAM), Mr. Bassey Essien, told THISDAY that the marketers should not be blamed for the hike in the price of LPG, saying they sell as they buy and according to the volume available to them. He said out of the 1.2MT being consumed in the country, NLNG only supplies about 300, 000, which should not be in a country that produces the product. Although, NLNG had said it would ramp up the supply to 450,000 this year, Essien said that still was not enough. He said, “We are currently consuming about 1.2million metric tonnes and you are saying you are doing 450,000 metric tonnes. Where will the balance come from? Ten people are living in a house, they need 10 buckets of water to bath, you give them one bucket, how will it help them? “I sell what I see, I don’t produce gas. It is when and how I buy I sell. If people say they cannot afford it, that is not my fault. People have to pay, they have to eat, people have to sell the gas. NLNG said they produce over 4million metric tonnes per annum and we are just consuming under 1.5 million. What stops them from increasing the quantity here?,” he said. “You will go and export all and we go back and import all. So, marketers sell what is available to them. They have to source for dollar which is not our own currency and they have to make some profit to remain in business.”

ANALYSTS BEMOAN PRICE HIKE

However, while the marketers complain over the ugly situation, some economic policy analysts

have warned against the danger in the continuous rise in the price of LPG, saying it negates the government’s vaunted drive to emplace alternative energy in the country and encourages a return to firewood and kerosene The immediate-past Director General of the Lagos Chamber of Commerce and Industry (LCCI), Muda Yusuf said, “the recent hike in LPG price is inimical to the drive to promote the use of clean energy and protect the environment.” “It is noteworthy that significant progress has been made in getting a good percentage of the population to transition from the use of firewood and kerosene to use of LPG. The campaign has won a lot of converts even in many of our villages,” he said. Yusuf warned that the “spike in LPG price may reverse these gains and this will not augur well for the preservation of the environment. We may see a relapse of accelerated deforestation if the spike is not checked. Gas pricing needs to reflect the reality that we are a gas producing country. We should leverage the huge gas resources to leapfrog in our industrialisation initiatives and environmental protection.” Another economic policy analyst, Mr. Chika Mbonu, wondered whether government was interested in moving people away from using kerosene and entering the forest in search of woods for coming or it was interested in getting revenue through increase in taxes and levies in imported LPG. Mbonu said government should find a way to increase local supply of LPG through the NLNG or address the issue of taxes and levies to encourage investment in the LPG space. He said, “So, everything boils down to what government wants. Is it that they want to improve supply of LPG into the local market so that people will not go back to using kerosene because kerosene is not even available? “Do you encourage people going back to the forest to go and look for firewood with its attendant effect on health. Are you trying to get more revenue through increase in rates and taxes on LPG import or you are trying to increase investments and let people have more access through reduced rates on LPG? So, that’s another crux of the matter. “So, it’s surprising to me really why Nigeria who has the quality to move people away from wood and kerosene for cooking to cleaner alternative energy has not made NLNG to increase the frequency of its supplies. The first thing is, the supply from NLNG to Lagos which is a major market to cooking is very epileptic.” NOTE: Interested readers should continue in the online edition on www.thisdaylive.com

T H I S D AY ˾ TUESDAY AUGUST 10, 2021

BUSINESSWORLD

INDUSTRY ANALYSIS

Rethinking Nigeria’s Industrial Progress

Recent data from the National Bureau of Statistics has caused Nigerian industrialists and economic experts to ponder on what went wrong and the ways to revive the country’s comatose manufacturing sector, writes Dike Onwuamaeze

n July, the National Bureau of Statistics (NBS) released a report that placed side by side Nigeria’s import of manufactured product and the country’s volume of export of manufactured goods between January 2017 and March 2021. The NBS’s report put it that N40.94 trillion was spent on the importation of manufactured goods while N4.22 trillion was earned from the country’s export of manufactured goods within the same period. The report also stated that the total value of the country’s export during the period was N67.30 trillion, which showed that the value of manufactured export was 6.35 per cent of the total export earnings. Moreover, the value of Nigeria’s export was dominated by sales from crude oil that was N49.31trillion compared to manufactured goods that earned N4.22trillion. This statistic portrayed a low performance of the Nigerian industrial sector that is believed to be in a steady steep decline for over 30 years now. The President of the Nigeria Employers’ Consultative Association (NECA), Mr. Taiwo Adeniyi, declared on July 15 during the association’s 64 annual general meeting that, “Nigeria is a net importer of manufactured goods.” The real contribution of the manufacturing sector to the nation’s gross domestic product (GDP) in the fourth quarter of 2020 was estimated at 8.60 per cent, which is lower than the 8.74 per cent recorded in the fourth quarter of 2019 and the 8.93 per cent recorded in the third quarter of 2020. At the end of 2020, the annual contribution of the manufacturing sector to Nigeria’s GDP stood at 8.99 per cent. Similarly, the World Bank’s national accounts data and OECD national accounts data files said that the percentage of Nigeria’s manufacturing value added to the GDP was 21.21 per cent in 1983, which plummeted to 6.553 in 2010 but inched up to 12.666 in 2020.

PROGRESSIVE DECLINE

An Economist, and former Director General of the Lagos Chamber of Commerce (LCCI), Dr. Muda Yusuf, put it succinctly in an interview with THISDAY during the weekend. Yusuf said: “The Nigerian manufacturing sector has been practically on a progressive decline since the early eighties. For the first decade after independence, the sector grew on the back of resource-based industrialisation where industrialisation was shaped by raw materials available in the country.” However, one question on the lips of the operators

of the country’s manufacturing sector has been: why is Nigeria where it is today in manufacturing having had a true head start in industrialisation before most of the Asian countries that have presently industrialised their economies? For Nigeria’s former Minister of Industry, Mr. Bamanga Tukur, who was a discussant on Manufacturing, Growth and Job Creation, that was hosted recently by The Founder of the Centre for Value in Leadership (CVL), Professor Pat Utomi, said Nigeria missed the opportunity to industrialise its economy as a result of its weak industrial development policy and the country’s failure to actualise the Ajaokuta steel project. Tukur said: “Nigeria missed the opportunity of becoming and industrialised nation because it failed to bring to fruition the Ajeokuta Steel Complex, which caused the inability to provide materials like flat sheets for car assembly plants to sustain Peugeot, Volkswagen and Leyland.” Speaking in the same vein, another former Minister of Industry, Mr. Charles Ugwu, said during the CVL event that Nigeria deviated from the path of industrialisation in 1985 when it embraced the Structural Adjustment Program (SAP) that exposed the value of the Naira to the vagaries of market forces of demand and supply. Ugwu said: “We started very well at independent and were doing many things right and ahead of many industrial nations. Unfortunately in 1985, we opted for devaluation and began a slide to catastrophic failures. 1985 was a Tuswani that destroyed everything we have built. We destroyed the renascent industries and enterprises through the devaluation of our currency, which took down everything we had built. In my mind this was point we went into disaster and all our industries came crashing.” Ugwu, who was former President of Manufacturers Association of Nigeria (MAN) and the owner of Rokana Industries and Hydro Resources Industries Limited, was of the opinion that Nigeria should imitate Malaysia that dabbled into market determined exchange rate but quickly retraced its steps to save its industries. “What annoys me is that we are still going in the same direction. Haven’t we learnt in 35 years that we are going in a wrong direction? That the route of devaluing the Naira and depreciating the currency isn’t the way? “In 1985, Malaysia was at the same point

with us. They devalued once and their economy crashed. So, they fixed the exchange rate of their currency and got it right and continued with their industrial growth. But in our own case we continued to devalue from a dollar equivalent to N1 we have gone down to where N500 is chasing $1. This is the disaster that nobody can survive. “My suggestion right now is that we must now wipe the slate, start afresh with the right management of the exchange rate. If the exchange rate is stable, we can borrow all the money we need to build our economy,” Ugwu said.

INDUSTRIAL SECTOR COLLAPSE

Yusuf traced the collapse of the country’s industrial sector to the transition from growing the sector with raw materials available in the country to import substitution strategy of industrialisation following the oil boom as there was enormous foreign exchange to import raw materials in abundance. “But with collapse of oil prices in the early eighties, the manufacturing sector began to suffer considerable setback as there was insufficient foreign exchange to support the high volume of imported industrial inputs, which the sector is still grappling with till date, “he added. Another participant at the CVL event and a Professor of Economics at the University of Nigeria Nsukka, Professor Osita Ogbu, traced the decline of Nigeria’s industrial sector to the manner the country jettisoned national economic planning and as severance of the government from playing prominent role in the economy all because of the misguided believe that “government has no business in business.” Ogbu argued that government has serious business in business since it is in charge of the policies that regulate the business environment. “The state is the leader sending the signals that this where we want to go. The government has to put the vehicle (economy) in place before the private sector will become its driver. The state is so critical in directing manufacturing and industrialisation. “President Obama said that the technology with which they are mining Sahel Oil came from a 30 year investment of the Federal Government of the USA. Thirty years of investment on the technology that the private sector will use. “Yet, we were told that planning was an archaic instrument that should be left behind,” Ogbu

said, adding that Nigeria “moved from industrial policy to no policy in the so called free market without a strategic industrial policy when all the country needed to do was to modify its “import substitution policy and rearticulate it in view of the new circumstances we find ourselves. But to throw the baby away with the bath water was a big mistake.”

MARKET ECONOMY

On his part, a former Deputy Governor of the Central Bank of Nigeria, Professor Kingsley Moghalu, believed that Nigeria embraced free market capitalism too soon without the laying the foundations needed to create wealth effectively and efficiently under a capitalism system. “These policy errors, including a premature embrace of globalisation without the structural foundation to become part of the production value chain of globalisation -- and thus competitive in it -- have turned Nigeria into a global market but not a global producer of the hard goods of the globalised economy. It is going to require political leadership with a sophisticated understanding of economic transformation and the capacity and will to execute it, if Nigeria is to be able to change course in the years ahead,” Moghalu said. He added that Nigeria required industrial policy as the basis for its push toward economic diversification. He said, “Industrial policy requires a certain amount of state intervention even in a market economy, provided that such intervention is targeted and ultimately productive for broad manufacturing sectors, as opposed to special favors for individual industrialists that distort the market playing field for competitors in the same sector. Industrial policy will typically include identifying areas in which productive knowledge exists to confer competitive advantage, targeted subsidies for export industries, special economic zones, import-substitution industrialization, and temporary protectionist measures for some key sectors such as manufacturing.” A veteran of the Nigerian industrial sector and former Group Managing Director/CEO of Dangote Cement Plc, Mr. Joseph Makoju, identified poor implementation of industrial policies as one of the bame of Nigerian economy. NOTE: Interested readers should continue in the online edition on www.thisdaylive.com

TUESDAY AUGUST 10, 2021 ˾ T H I S D AY

BUSINESSWORLD

AGRICULTURE

Addressing Rejection of Made-in-Nigeria Goods Gilbert Ekugbe highlights the Standards Organisation of Nigeria’s strategy to address the rejection of Nigerian goods in the United States

ollowing the National Administration for Food Drug Administration and Control’s (NAFDAC) outcry over the rejection of Nigerian products by the United States and the European Union (EU), the need to prioritize development of standards cannot be overemphasized. Over the years Nigerian products have continued to face rejection at the global markets on accounts of non conformity to global best practices hence, the urgent need to maximize the Nigerian National Standardisation Strategy (NNSS), will not be out place to address the high level of rejection currently being faced by Nigerian products at the international scene. In other climes, issues relating to standards are taken seriously especially if it has to do with food as developed economies place premium importance on food safety in their quest to safeguard unsuspecting consumers of food. Therefore, stakeholders in the nation’s agricultural sector must embrace the NNSS to drive export of non-oil products since Nigeria’s plan to diversify its economy away from hydrocarbon resources is largely dependent on a virile non-oil export market of agricultural products The NNSS is a document that identifies priorities for standardization in a country based on an assessment of national needs and usually accompanied by a national implementation plan that gives orientation for national standardisation work within three years. The Director, Standards Development (SON), Chinyere Egwuonwu, at a capacity building workshop for Commerce and Industry Correspondents Association of Nigeria (CICAN) in Lagos, said the aim of the strategy is to support Nigeria’s industrialization strategies and unlatch prospects for improved socio economic development, maintaining that the Standards Council of Nigeria officially approved the NNSS. She said standards development is demand/ stakeholder driven which means the standards must be developed carefully, continue to meet stakeholders’ demands and expectations, noting that with the constant improvements in science, technology and innovation, demands for standards continuously increase. She however stated that there is always the constraint of inadequate availability of resources both human and financial for carrying out standards development work, resulting in the need to focus on national priority areas in order to use the available resources to develop standards on most important topics. “It helps to develop standards in a most effective way, using the available resources in the most efficient manner, driven mainly by the SON with strong stakeholders’ engagement and assessment of national standardisation priorities,” she said. Egwuonwu said the NNSS is the first ever Nigerian standardisation strategy listing priority standards to be developed, adding that it is currently being driven by the SON with support

from all the key stakeholders. She added: “The implementation is healthy and is also aligned with relevant regional, continental and international standards development organisations to make it relevant as an enabler for Nigeria to enter the global market. It is strictly being implemented and we are working hard to ensure that we achieve the scheduled standards so that the needed standards are available for our stakeholders to participate in the ongoing African Continental free trade Area (AfCFTA).” She noted that a total of 274 standards were planned to be developed in the first year (2020) of the NNSS implementation plan and a total of 264 was achieved making it 96 per cent achievement despite the impacts of the Covid 19 Pandemic.

ACTIVE PARTICIPATION

She pointed out that the success of NNSS depends on active participation of the key stakeholders in public and private sectors, adequate funding for the national standardisation programme, uptake of the resultant standards by the business community and policy makers. Recommending the need to upgrade strategy document, she said the NNSS and the associated work programme are living documents that is constantly updated and improved to ensure they remain in line with current conditions and continue to meet stakeholders’ demands and expectations. She added that they remain flexible and be open to respond to new demands for standards, which may not have been anticipated and are therefore not part of the plan as it aims to support the implementation of the Federal Republic of Nigeria Economic Recovery & Growth Plan (ERGP) 2017- 2020, Nigeria Industrial Revolution Plan (NIRP). “It has identified priorities for standardisation based on the strategic directions given by these national strategic priorities/plans ERGP, NIRP, delivered a core set of standards that will be important enabler for government’s actions, economic activities and social measures required for Nigeria’s development,” she said. “The NNSS supports sector-specific initiatives defined in ERGP and related national strategic priorities/plans aiming to restore Nigeria’s economic growth, supports MSMEs development, to assist the most vulnerable members of society, open opportunities for Job creation, youth empowerment and improving human capital,” she added. She stated that NNSS aims to support the strong and active participation of the private sector in the national, international and continental trade, particularly with the implementation of the AfCFTA, while also

identifying priorities for standardisation based on the sector-specific needs of the private sector and national strategic directions, priorities and plans of Federal Government aiming to restore Nigeria’s economic growth “It will deliver a core set of standards that will be important enabler for the private sector aligning and achieving these government policies, to manufacture /provide quality products and services as well as their active and beneficial participation in international trade, particularly in the African Common market through the AfCFTA,” she averred.

NNSS’S ECONOMIC BENEFITS

Highlighting the economic benefits of the NNSS, she said it ensures that the development of new national standards is based on a clear understanding of our national priorities in the fields of the economy, trade, the society, health, environment or other areas and also takes into account emerging sectors that are expected to gain in importance in the future. She further stated that NNSS would develop standards in line with national needs (stakeholders needs and the present Government policies), provide continuous availability of required standards, supports industrialization of Small and Medium Scale Enterprises (MSMEs) and give basic support for industrialization, trade, economic growth and market development. She added: “It will lead to increased use of standards by both public and private sectors as basis for regulation and as reference for legal agreements and as a country, increase market access, innovation, and sustainable economic transformation, achieve Nigeria’s economic empowerment and growth and improve the quality of life daily lives of all Nigerians.” Reacting to the rejection of Nigerian goods at the EU and US market, the Technical Adviser to the Minister of Agriculture on Knowledge Management and Communication, Mr. Richard-Mark Mbaram, said the ministry after investigating the situation found out that the commodities that were rejected did not originate from Nigeria. “They were smuggled out of the country. They did not originate through proper channels. On one hand, we know it is a deficit on our porous borders, but the reality is that these people undertook sharp practices and that is why we are where we are,” he said. He however called on the need to strengthen inter-agency collaboration, saying that in February this year, the Minister constituted a standing inter-ministerial committee for zero reject project of Nigeria commodities. He added that the committee is made up several ministries and agencies of

government that has to do with processing of agro commodities for export. “But there is a huge issue here because we still have to contend with the reality of deficit in infrastructure and this is why we are heavily investing into a special agro processing programme that will give us seven States plus FCT where we can carry out agricultural activities in places where we have comparative advantage for specific commodities in a way that will be inherent with global best practices and also connecting them to the ports and evacuation corridors and we are able to monitor and trace these commodities, “he stated.

UNREGULATED EXPORTERS

On his part, an agro food processor marketer and exporter, Mr. Alfred Uwheraka, said the rejection was due to the unregulated non-oil exporter adding that everybody wants to be an exporter without taking into cognizance of standards, global requirements and good agricultural practices. In his words, “Everybody just wants to be an exporter to make foreign exchange. These days people go to Ido or someplace to pack goods together to export their brothers or sisters overseas. For everything you do, you must look at the standards of other countries and their rules.” “These nonchalant exporters that do not put standards into consideration are the ones destroying our image. I currently export to the United States and my products are not rejected,” he stated. He however disagreed with the statement from NAFDAC, saying that is negative to the export business. “There should be a platform to check whose goods are being rejected not just to speak broadly to damage our competence. I am still exporting to European countries as we speak. It is when you do not do things the right way that you have problem exporting. For me anybody making a report of that nature should show it evidences. You do not give a negative report to give credence to your view. For me I believe the information was overblown used to undermine Nigeria’s export market and this is bad because the non-oil export is another major avenue of foreign exchange for a country that is import dependent. We should stop giving wrong signals,” he said. The Chairman, Manufacturers Association of Nigeria Export Group, (MANEG), Chief Ede Dafinone, said he is yet to see the report, but stated that if the goods rejected met the EU requirements, it would have not suffered rejection, but stated if otherwise he would be glad to join in the protest to see that these goods thrive at the international market. “For us at MANEG, most of our members are blue chip companies that have continuously to meet export requirements and our goods have never been rejected,” he said.

T H I S D AY ˾ TUESDAY AUGUST 10, 2021

BUSINESSWORLD

NEWS

Expert Harps on Digital Smart Farming Solutions to Boost Food Production Gilbert Ekugbe

Worried over the alarming rate of food insecurity and the rising cost of prices, the Chief Executive Officer, Agroxchange Technology, Mr. Adewale Adegoke, has emphasized the need to train farmers on digital smart farming solutions to boost food production in the country. This, he stated, is apt as Nigeria and many other countries in Africa and across the globe are faced with acute food insecurity accompanied by worsening insecurity, climate change and the Covid 19 pandemic. This is just as stakeholders in digital smart farming agriculture have disclosed that they have developed multiple digital solution approaches that will optimize food production and reduce the impact of insecurity on the food value chain. The move to develop digital smart farming agriculture concept according to the agric stakeholders, was aimed at helping Nigeria save huge fortunes that it loses to insecurity. Adegoke in an interview with THISDAY explained that stakeholders in the digital smart farming are very concerned with the adverse impacts of the worsening insecurity on the economy, mostly in agriculture sector, following the alarming effects of food crisis it is brewing. He added that digital scheme is the solution to Smallholder farmers’ increase in returns on investment (RoI) and reduction in overhead cost of farming.

According to him, with insecurity challenges in the country, key digital smart farming approach was factored in to tackle constraints that could affect the optimum delivery and monitoring of agric farms. Adegoke explained that the data collected from the farms under the smart farming scheme are evidence baseline data that can influence government’s agricultural policies, regarding technology innovations as panacea to insecurity in agric sector to ameliorate food crisis. “This is why we work with varsity, academia to be able to come up with this approaches in supporting government regarding embedding technology in the agricultural policies. One of the key approaches to the constraints to the delivery of optimized food security in Nigeria is that we adopted a multiple digital solutions integrated into a bundle innovated services through the smart farming acquisition centre. Now, through this approach, we offered tailored democratized services choosing top down approach to achieve the expected impact of resilient and improved farmers livelihoods,” he said. “With that, we basically look at it from the point of propagatory advisory to the farmers. We want to be able to solve these issues in our agric sector, such as even taking into account, the current problem we have in the country which is insecurity. This has limited the capacity of the farmers going to the farms. They are afraid of being attacked,”

SON Takes Fight against Substandard Goods to Online Dealers The Standards Organisation of Nigeria (SON) is partnering with online vendors to checkmate the sale of sub-standard foreign manufactured products in Nigeria. The Head of Department, Consumer Complaint of SON, Mrs Mosunmola Samuel, disclosed this to newsmen in Lagos on Friday. Samuel said that the sophisticated and dynamic nature of e-commerce has made it difficult to track substandard goods since most of the dealers do not have warehouses or fixed addresses. But she said that the SON’s partnership with the online traders would help to track down dealers who would want to abuse online platforms as channels for the sale of substandard wares. She also urged consumers to always report to the SON any delivery of sub-standard products through online platforms. “Most of these online dealers import their products as personal effects. The e-commerce in the Nigerian community is becoming huge and many steps have been taken for its promotion, but there are still lots to be done to make it operate in accordance with standards in the country. “This is why we are working assiduously on partnering with online merchants to ensure that Nigeria is not a destination for substandard goods. “We get the feedback through the head of our public relations and follow up with directives to online merchants to stop sales

of such product immediately we get a complaint and they will pull it down. “You know with online marketing, you don’t need to have a shop or selling bulk, all you need is just a hand full of those products and you are already in business,” Samuel said. She urged online merchants to strictly adhere to quality products and services to achieve inclusive growth. “The world all over is about standards and we are working tirelessly to educate Nigerians so as to be abreast with global trend. “On e-commerce, we have so many operating on different platforms and if these products are not registered with our product registration, it means that they are not complying with the requirements of our act. “So we need to check and find out where these products are coming from and for every products coming into the country, there is always a major channel. “We are happy when consumers give us feedbacks which show their level of confidence on the organisation. “We are proud for the trust in us to start our consumer protection mandate as it also helps us develop and introduce new standards,” she averred. She pointed out that SON handled consumer complaints through its customer feedback desks which were in all the 36 states of the federation and the Federal Capital Territory (FCT).

Adegoke added. “Now we are looking at how do we solve this problem and how do we ensure we can still optimize production, while taking into account solving the problem of insecurity in Nigeria. Now, one of the things we thought about to be able to propagate this, is that we decided to acquire and adopt the approach of localized smart farming advisory centers and extension services within farming communities at smart farming villages. This ensures that the farmers within those communities are provided

services that include security cover and this security will come from the collaboration with local vigilante group that means, we are able to improve the confidence of the farmers and other existing farmers or new farmers,” he stated. While speaking on the objective of engagements in digital smart farming in agriculture, he said the move was meant to measure the impacts of digital technologies on the economies of production and establish sorts of attributions. He added that digital agri-

culture can measurably increase incomes for smallholder farmers and reduces cost of inputs drastically. He however stated that farmers are looking for ways to reduce cost and boost their profit margins to improve their standards of living, saying that with digital smart farming would revolutionise the Nigeria’s agricultural sector. “With this output in digital smart farming in agriculture, we have been able to achieve Sustainable Development Goals (SDGs) including climate action,

not just job creation or women empowerment alone. Climate action is a trending topic right now not for the right reason but for the wrong reason. Food security is critical and if food security is poor, the cost of food in the market is going to increase. Remember with the case of Nigeria, which is a developing economy, you can imagine the sorts of problems that will exist if food prices increase and basically considering inflation and others which we are already experiencing right now,” he said.

MOBILE VOTING APP LAUNCH…

L-R: Chairman, Bellagio Air, Dr Dare Akande; Vice Chairman, Troyka Group, Mr Jimi Awosika; Special Guest, Mr Lanre Keleko; Chairman, AACS(Consulting), Dr Falil Ayo Abina; Star Actor, Chioma Chukwuka and Head of Station, Classic FM, Chico Aligekwe, at the launch of the AACS mobile voting app in Lagos… recently

Biosafety Agency Reads Riot Act to Illegal Practitioners of GMOs Gilbert Ekugbe

The federal government through the National Biosafety Management Agency (NBMA) has sounded a note of warning to illegal practitioners of Genetically Modified Organisms (GMOs) in the country, noting that there are strict regulations in place to the practice of GMOs in Nigeria. The Director-General of the National Biosafety Management Agency (NBMA), Dr. Rufus Ebegba, explained that any involvement in the illegal practice of GMOs, could attract a fine of N2.5 million or five

years imprisonment or both. He made this disclosure at a sensitisation workshop on ‘GMO safety and regulations in Nigeria’ in Lagos recently to correct the misconception about the practice. He denounced the claim that it was established to stop Genetically Modified Organisms (GMOs) and development of modern biotechnology in the country. The agency, he stated, was instituted to ensure that Nigerians and the environment are safe from any adverse impact that GMOs may have on human health and the environment. The workshop, which was in

partnership with African Biosafety Network Enterprise (ABNE) was targeted at sensitising agriculture stakeholders on the state of Biosafety in Nigeria with regards to genetically modified organisms. Ebegba said NBMA was established to promote the legal practice of biotechnology, maintaining that the concept of GMO was widely misinterpreted among Nigerians. He assured that genetically modified crops were safe for consumption as opposed to the information widely circulated in the public domain that the technology was dangerous to

human health. He added that Nigeria need to follow in the steps of the western world, as they have incorporated genetic modification of crops to enhance food security in their various countries. “Globally, safe science and technology have been known to be drivers of economic change the world over, Nigeria cannot afford to be left behind. That is why the Federal Government through NBMA makes sure it approves only safe application of modern biotechnology for the economic development of the country particularly in the agricultural sector,” he said.

IFPRI: Food and Beverage Companies Largest Culprits in Environmental Damage Gilbert Ekugbe The International Food Policy Research Institute (IFPRI) has stated that of the $75 billion in estimated annual environmental damage due to plastics, food and beverage companies are the largest culprits, responsible for 23 per cent of the cost. IFPRI in a statement on its website added that the global food system also has a plastic problem, maintaining that macro and micro-plastic pollution is contaminating aquatic and agricultural ecosystems threatening food security. According to IFPRI, plastics are entering food chains, threatening both animal and human health. The report stated that to curb

these problems, policies that limit a particularly dangerous trend such as the rise in single-use plastic production and distribution; encouraging more nutritious and ecological alternatives to throwaway items must be a central component of a healthy and resilient food system. “Plastics play an important role in many industries, from medicine to construction. But more than one third of annual plastic production is, by definition, expendable: Cheap, single-use plastics that are used once and then thrown away,” IFPRI said. IFPRI added: “Seventy nine percent of disposable plastics end up in landfills or in our natural

environments; 12 per cent are burnt. Only 9 per cent of plastic waste ever produced has been recycled. At current growth rates, plastics will account for 20 per cent of fossil fuel demand by 2050 up from approximately 6 per cent in 2016 and contribute 15 per cent of the annual global GHG emissions budget rising from 1.7 Gt of CO2 equivalent in 2015 to 6.5GtCO2e by 2050. The statement pointed out that single-use plastic waste items especially bags, bottles, wrappers, food containers, and cutlery have become invasive species in rivers, seashores, seafloors, and open waters, stressing that a recent global database of litter indicates that such consumer waste is the

single biggest category. “On average globally, there is a piece of plastic waste per every meter of shoreline, plus 18,000 pieces of floating plastic litter per each square kilometer of ocean,” IFPRI noted. “This problem will not be solved by campaigns to change consumer littering habits or to encourage recycling; the issues are systemic. For example, wealthy countries that produce the most plastic waste per capita often export much of it to poorer countries, which have even weaker recycling infrastructure if any at all. Since markets do not incentivize recycling, most plastic waste continues to be dumped or burnt,” IFPRI stressed.

T H I S D AY ˾ ͯͮ˜ 2021

BUSINESS/MONEYGUIDE

Tantalizers Struggles With Loan Repayment, Records N57.5m Loss in H1 Darasimi Adebisi Tantalizers Plc in its unaudited half year ended June 30, 2021 reported N439.9million borrowing from Ecobank Plc as against N460.34million reported in full year ended December 31, 2020. The fast food restaurant company on the Nigerian Exchange Limited (NGX) on Monday stated that the non-current secured loans was restructured and due year 2020. THISDAY cannot verify if the non-current secured loans has been paid or restructured. Despite reporting increase in revenue, Tantalizers reported N57.6million loss in half year ended June 30, 2021 as against a loss of N99.56million reported in prior half year results. The fast food restaurant company also reported N57.5billion loss in H1 2021 from N135.11million reported in H1 2020. Tantalizers, however, grew revenue by 42 per cent to N615.78million in H1 2021 from N433.83million reported

in H1 2020. Analysis of the company’s profit & loss figures showed that hike in cost of sales and administrative expenses dragged to loss position in the period under review. As cost of sales closed H1 2021 at N385.42million in H1 2021 from N233.16million in H1 2020, while administrative expenses rose by 14.5 per cent to N462.12million in H1 2021 rom N403.46million in H1 2020. Consequently, cost of sales/ revenue closed H1 2021 at 63per cent from 53.7per cent reported in H1 2020. In the past 20 years since the company’s incorporation, a lot has happened. There have been meaningful expansion, in terms of the number of new outlets opened. However, the small-cap stock, with market capitalisation valued at just N642.33million and Shares Outstanding of 3,211,627,907.00 has remained flat at N0.20. Capital market analysts have expressed that competition in the sector and macro economy

challenges is impacting negatively on the company’s growth. According to them, the Nigerian fast food market is saturated with competition. A research by the Oxford Business Group found that there are over 800 quick service restaurants across Nigeria. Tantalizers is in the same league with fast food restaurants such as Mr Biggs, Tasty Fried Chicken, Chicken Republic, Mama Cass, Sweet Sensation, Tastee, The Place, among others. The company had announced N422.05million loss in 2020 as against a N22.17million profit reported in 2019. However, the company consecutively ran at a loss between 2013 and 2016, until 2017 when it recorded a profit after tax of N443.3 million. The company’s unaudited third quarter 2018 result shows that it ran at a loss of N213.5 million compared to a profit after tax of N760 million recorded for the same period in 2017.

Access BankHarps on Financial Inclusion Nume Ekeghe In line with its mission to deliver superior value to its customers and provide innovative solutions for the markets and communities it serves, Access bank Plc, has successfully commissioned and empowered 74,000 Access Closa agents to provide financial services to customers across Nigeria, the bank has said. The bank in a statement stated that these Access Closa Agents are spread across the 774 Local Government Areas in the country, the bank has significantly grown access to finance and banking services to Millions of previously underbanked Nigerians, provided alternate streams of income for MSMEs, promoted financially literacy and also advanced its ambition to bank one in every two Nigerians by 2025. Commenting on this, Senior Banking Advisor, Retail, Access Bank plc, Mr. Robert Giles said the bank’s agent network was

part of the its promise to ensure easier and safer access to financial services for every Nigerian. He said: “As a bank driven by innovation, we must deliver better outcomes for customers in terms of speed, security and service to enhance customer experience in all the locations that we operate. With the recent mapping of over 70,000 Access Closa Agents, customers and non-customers of the Bank who are travelling for Business, events or to visit loved ones in any location in Nigeria will continue to enjoy uninterrupted banking services as our Closa agents are available in several rural and semi-urban locations across the country. “They can also access financial services from a Closa agent near them, by simply searching for “Access Closa Agent” on Google Map instead of walking long distances in search of a branch.” On his part, Head, Agency Banking, Access Bank Plc, Mr Tolulope Oyeyipo, said: “The

Access Closa agent network is a bespoke channel through which Access Bank expresses her passion and commitment to broadening the opportunities and access to financial services for every Nigerian and African, irrespective of where they might be.” With over 70,000 agent locations spread across every neighborhood in the country, we are making sure our customers and indeed customers of other banks can enjoy seamless banking services close to where they live and work, in a safe and convenient manner. By offering basic financial services such as cash withdrawal, cash deposit, bill payments and account opening, our continuously growing agent network is increasingly making the need to visit a bank branch unnecessary for everyone. We are committed to being at the forefront of providing digital financial services in Nigeria,” Tolulope concluded.

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

JANUARY 2021 Money Supply (M3)

38,779,455.43

-- CBN Bills Held by Money Holding Sectors

1,039,129.55

Money Supply (M2)

37,740,325.88

-- Quasi Money

21,779,302.69

-- Narrow Money (M1)

15,961,023.19

---- Currency Outside Banks

2,364,871.13

---- Demand Deposits

13,596,152.06

Net Foreign Assets (NFA)

7,414,275.50

Net Domestic Assets(NDA)

31,365,179.93

-- Net Domestic Credit (NDC)

42,916,586.63

---- Credit to Government (Net)

12,304,773.44

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

0.00

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

0.00

---- Credit to Private Sector (CPS)

30,611,813.19

--Other Assets Net

3,892,112.74

Reserve Money (Base Money

13,264,585.14

--Currency in Circulation

2,831,167.19

--Banks Reserves --Special Intervention Reserves

10,433,417.96 317,234.17

˾ ÙßÜÍÏ ̋

Money Market Indicators (in Percentage) Month

March 2018

Inter-Bank Call Rate

15.16

Minimum Rediscount Rate (MRR)

Forest Capital Acquires Kayvee Microfinance Bank Goddy Egene Forest Capital, the investment subsidiary of Farmforte Limited, has acquired Kayvee Microfinance Bank as part of its strategic imperative to create greater synergy between socio-economic empowerment, agriculture, and the finance sector. Speaking on the acquisition, Farmforte’s co-Chief Executive Officer, Osazuwa Osayi, said: “This strategic acquisition demonstrates our commitment to continuously improve our portfolio and effect economically sustainable developments, primarily across the agri-value chain. Our multi-pronged enterprise growth strategy is ever-reliant on the financial and technological advancement of our growing 112,000 smallholder farmer network, which will be up to one million by the close of 2022. With a widely heralded generation of

disruptive banking services, and wider sector focus on mobile-first, personalised banking, we are structuring a world class and formidable agriculture services ecosystem via Forest Capital.” Speaking in the same vein on the acquisition, Managing Director, Forest Capital, Paul Okunaiya, said: “As Africa’s digital financial services sector grows exponentially in the next few years, this transaction underpins our desire for a necessary symbiosis between the unbanked and private entities pertaining to access, relevance, and ultimately trust. With about 350 million adults un-served by the financial services industry in sub-Saharan Africa, there is more emphasis on financial inclusion, and Forest is poised to provide much-needed solutions to individuals and corporates, from farmers to entrepreneurs, and industries at large.”

He said Forest would bridge the access to requisite financing across the agriculture value chain for small to medium scale farmers, infrastructure and supply chain operations, distributors, wholesalers, and retailers, last mile delivery and Agric tech-driven startups. A Tier-1 digital microfinance bank operating under the licence of the Central Bank of Nigeria (CBN), Kayvee MFB leverages technology to provide savings and lending platforms to support the CBN’s financial inclusion strategy. “Forest’s short term strategic diversification plans include a ramp up of its investment advisory services, the development of high yield portfolio investments, and the build out of Forest Bank, a modern digital interface based on the rapidly evolving concept of application programming interface (API)-driven embedded finance.

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

˾ ÙØÏÞËÜã ÙÖÓÍã ËÞÏ ̋ ͯͱϱ

OPEC DAILY BASKET PRICE ˜ ͯͳ ͰͮͰͯ

The price of OPEC basket of thirteen crudes stood at $73.15 a barrel on Thursday, compared with $75.29 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), Zaﬁro (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).

T H I S D AY ˾ ͯͮ˜ ͰͮͰͯ

Equities Market Commences Week on Negative Note, Drops by N126.86bn Darasimi Adebisi The Nigerian equities market commenced this week on a bearish note, as investors profittaking in mid-high capitalised companies down the market by N126.86billion. About N33.13billion and N76.14billion investors profittaking in Dangote Cement Plc and Zenith Bank Plc respectively was a major factor attributable to stock

market depreciation yesterday. The value of all listed companies on Nigerian Exchange Limited (NGX) dropped by 0.63 per cent or N126.86billion to N20.094trillion from N20.220 trillion it opened for trading. Similarly, the local bourse closed negative as NSE- All-Share Index (ASI) dropped by 0.63 per cent or 243.49 basis points to close at 38,567.26 basis points from 38,810.75 basis points.

P R I C E S MAIN BOARD

F O R DEALS

Sector performances were mixed yesterday as negative sentiment trading by investors down the NGX Banking, Insurance and Industrial indices while NGX Oil/Gas Index appreciated. Despite price appreciation in share prices of GTCO, Access Bank Plc, United Bank for Africa Plc and Fidelity Bank Plc, the NGX Banking index dropped by 0.053 per cent to 378.95 basis points from 379.15 basis points.

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

QUANTITY TRADED

VALUE TRADED ( N )

Profit-taking in Dangote cement Plc down the NGX Industrial Index by 1.76 per cent to 1,936.44 basis points from 1,971.04 basis points it opened for trading yesterday. Conversely, renewed interest in Conoil Plc lifted the NGX Oil/ Gas Index by 1.01 per cent to N378.44 basis points from N374.64 basis points it closed last week. The market breadth closed negatively, recording 19 gainers

T R A D E D MAIN BOARD

A S

as against 18losers. Conoil recorded the highest price gain of 9.83 per cent to close at N22.35, per share. Northern N Flour Mills followed with a gain 9.76 per cent to close at N6.75 kobo, while Sky Aviation went up by 9.18 per cent to close at 3.45 kobo, per share. Academy rose by 7.89 per cent to close at 41 kobo, while Sunu Asurance gained 4.44 per cent each to close at N0.47 kobo, per

O F

share. On the other hand, UPL led the losers’ chart by 9.79 per cent to close at N1.29. Linkage Assurance came close with 7.81 per cent to close at N7.81, while NPF Microfinance followed with a decline of 4.26 per cent to close at N1.80 kobo, per share. Veritas Kapital Assurance lost 4.17 per cent to close at 23 kobo, while Courteville Business Solutions shed four per cent to close at 24 kobo, per share.

0 9 / 0 8 / 2 0 2 1 DEALS

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N)

TUESDAY, ͹͸˜ ͺ͸ͺ͹ ˾ T H I S D AY

TUESDAY AUGUST 10, 2021 • T H I S DAY

MARKET NEWS 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

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 06Aug-2021, unless otherwise stated.

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 156.79 158.35 -3.08% Afrinvest Plutus Fund 100.00 100.00 4.67% Nigeria International Debt Fund 312.14 312.14 -22.63% Afrinvest Dollar Fund 111.19 111.19 -0.81% 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 N/A N/A N/A ACAP Income Funds N/A N/A N/A 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 9.90% AIICO Balanced Fund 3.23 3.40 -4.82% info@anchoriaam.com 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 7.67% Anchoria Equity Fund 135.77 137.36 2.08% Anchoria Fixed Income Fund 1.10 1.10 -17.08% 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 19.71 20.31 8.70% ARM Discovery Balanced Fund N/A N/A N/A ARM Ethical Fund 38.32 39.47 13.67% ARM Eurobond Fund ($) 1.09 1.09 -1.00% ARM Fixed Income Fund 0.97 0.97 -7.82% ARM Money Market Fund 1.00 1.00 7.98% AVA GLOBAL ASSET MANAGERS LIMITED info@avacapitalgroup.com Web: www.avacapitalgroup.com Fund Name Bid Price Offer Price Yield / T-Rtn AVA GAM Fixed Income Dollar Fund 105.56 105.56 3.79% AVA GAM Fixed Income Naira Fund 1,015.13 1,015.13 1.51% AXA MANSARD INVESTMENTS LIMITED investmentcare@axamansard.com Web: www.axamansard.com; Tel: +2341-4488482 Fund Name Bid Price Offer Price Yield / T-Rtn AXA Mansard Equity Income Fund N/A N/A N/A AXA Mansard Money Market Fund N/A N/A N/A CAPITAL EXPRESS ASSET AND TRUST LIMITED info@capitalexpressassetandtrust.com Web: www.capitalexpressassetandtrust.com ; Tel: +234 803 307 5048 Fund Name Bid Price Offer Price Yield / T-Rtn CEAT Fixed Income Fund 2.00 2.00 -11.88% Capital Express Balanced Fund(Formerly: Union Trustees Mixed Fund) 2.12 2.16 -9.06% CARDINALSTONE ASSET MANAGEMENT LIMITED mutualfunds@cardinalstone.com Web: www.cardinalstoneassetmanagement.com ; Tel: +234 (1) 710 0433 4 Fund Name Bid Price Offer Price Yield / T-Rtn CardinalStone Fixed Income Alpha Fund 1.01 1.01 2.20% CHAPELHILL DENHAM MANAGEMENT LTD investmentmanagement@chapelhilldenham.com Web: www.chapelhilldenham.com, Tel: +234 461 0691 Fund Name Bid Price Offer Price Yield / T-Rtn Chapelhill Denham Money Market Fund 100.00 100.00 7.99% Paramount Equity Fund 16.52 16.83 3.31% Women's Investment Fund 136.71 138.29 2.73% CORDROS ASSET MANAGEMENT LIMITED assetmgtteam@cordros.com Web: www.cordros.com, Tel: 019036947 Fund Name Bid Price Offer Price Yield / T-Rtn Cordros Money Market Fund 100.00 100.00 7.40% Cordros Milestone Fund 2023 118.54 119.29 Cordros Milestone Fund 2028 N/A N/A Cordros Dollar Fund ($) 107.52 107.52 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 N/A N/A N/A Coronation Balanced Fund N/A N/A N/A Coronation Fixed Income Fund N/A N/A N/A 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 8.41% EDC Nigeria Money Market Fund Class B 1,000,000.00 1,000,000.00 7.21% EDC Nigeria Fixed Income Fund 1,140.86 1,156.04 -0.96% 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 1,399.37 1,399.37 11.37% FBN Balanced Fund 191.80 193.18 2.19% FBN Halal Fund 111.70 111.70 7.78% FBN Money Market Fund 100.00 100.00 9.60% FBN Nigeria Eurobond (USD) Fund - Retail FBN Smart Beta Equity Fund FCMB ASSET MANAGEMENT LIMITED Web: www.fcmbassetmanagement.com; Tel: +234 1 462 2596 Fund Name Legacy Money Market Fund Legacy Debt Fund Legacy Equity Fund Legacy USD Bond Fund FSDH ASSET MANAGEMENT LTD Web: www.fsdhaml.com; Tel: 01-270 4884-5; 01-280 9740-1 Fund Name Coral Balanced Fund Coral Income Fund Coral Money Market Fund

126.53 158.11

126.53 3.99% 160.32 4.58% fcmbamhelpdesk@fcmb.com

Bid Price 1.00 3.99 1.59 1.18

Offer Price Yield / T-Rtn 1.00 5.42% 3.99 3.10% 1.62 4.17% 1.18 4.06% coralfunds@fsdhgroup.com

Bid Price N/A N/A N/A

Offer Price N/A N/A N/A

Yield / T-Rtn N/A N/A N/A

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 7.96% Vantage Balanced Fund 2.72 2.78 -4.70% Vantage Guaranteed Income Fund 1.00 1.00 4.50% Kedari Investment Fund (KIF) 152.01 152.29 -2.24% Vantage Equity Income Fund (VEIF) - June Year End 1.28 1.32 1.60% Vantage Dollar Fund (VDF) - June Year End 1.10 1.10 0.78% 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 1.42 1.44 4.17% Lotus Halal Fixed Income Fund 1,139.85 1,139.85 5.01% 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 11.48 11.54 9.65% Meristem Money Market Fund 10.00 10.00 7.78% 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 1.59 1.62 7.47% PACAM Fixed Income Fund 11.50 11.55 -5.24% PACAM Money Market Fund 10.00 10.00 5.53% PACAM Equity Fund 1.65 1.67 4.47% PACAM EuroBond Fund 112.61 114.39 2.48% 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 131.42 134.00 11.21% 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 10.08% 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 N/A N/A N/A Stanbic IBTC Bond Fund N/A N/A N/A Stanbic IBTC Ethical Fund N/A N/A N/A Stanbic IBTC Guaranteed Investment Fund N/A N/A N/A Stanbic IBTC Iman Fund N/A N/A N/A Stanbic IBTC Money Market Fund N/A N/A N/A Stanbic IBTC Nigerian Equity Fund N/A N/A N/A Stanbic IBTC Dollar Fund (USD) N/A N/A N/A Stanbic IBTC Shariah Fixed Income Fund N/A N/A N/A Stanbic IBTC Enhanced Short-Term Fixed Income Fund N/A N/A N/A UNITED CAPITAL ASSET MANAGEMENT LTD Web: www.unitedcapitalplcgroup.com; Tel: +234 01-6317876 Fund Name Bid Price Offer Price Yield / T-Rtn United Capital Balanced Fund 1.30 1.31 1.35% United Capital Bond Fund 1.90 1.90 3.96% United Capital Equity Fund 0.87 0.89 9.36% United Capital Money Market Fund 1.00 1.00 9.51% United Capital Eurobond Fund 119.46 119.46 4.38% United Capital Wealth for Women Fund 1.06 1.07 3.64% United capital Sukuk Fund 1.06 1.06 5.85% 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 12.93 13.05 8.98% Zenith Ethical Fund 14.27 14.40 16.80% Zenith Income Fund 24.26 24.26 1.16% Zenith Money Market Fund 1.00 1.00 6.33%

REITS NAV Per Share

Yield / T-Rtn

125.18 51.80

10.79% 2.67%

Bid Price

Offer Price

Yield / T-Rtn

13.44

13.54

1.67%

126.68 100.32 17.86 18.16

129.73 102.45 17.96 18.26

5.31% 1.08%

Fund Name SFS REIT Union Homes REIT

EXCHANGE TRADED FUNDS Fund Name Lotus Halal Equity Exchange Traded Fund

SIAML Pension ETF 40 Stanbic IBTC ETF 30 Fund MERGROWTH ETF MERVALUE ETF

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

3.91 5.91 17.57 1.00 19.61 151.99

3.95 5.99 17.67 1.00 19.81 153.99

3.59% 3.80% 8.26% 6.33% -4.41% -30.64%

NAV Per Share

Yield / T-Rtn

107.40

13.11%

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, ͹͸˜ ͺ͸ͺ͹ ˾ T H I S D AY

NEWS ANALYSIS

Sad Exit of a Nigerian Titan, Capt. Hosa, Who Conquered Land, Sea and Air TRIBUTE Lanre Alfred

o one, who knew Captain Wells Idahosa Okunbo, the billionaire businessman and chairman of Ocean Marine Security Limited, an offshore assets protection company, will ever forget him; millions who never met him but felt they knew him will remember him for what he was worth: a humanitarian and successful business magnate, who lifted himself by the jockstraps to confront poverty, the affliction of his childhood and conquered it. As the nation mourns the demise of the multi-billionaire philanthropist and businessman, Lanre Alfred chronicles the life of the illustrious son of Edo State Were an outpouring of eulogies and tears potent enough to revive a dead man, Captain Wells Idahosa Okunbo, the billionaire businessman and chairman of Ocean Marine Security Limited, who died early hours of yesterday, Sunday, would have reconsidered spending a few more days, for a brief parting repartee before plunging into his eternal sleep. He was a man without guile. Despite being involved in the fickle and fractious world of high society, he retained a sweetness of character and good nature till the very end. Captain Wells Idahosa Okunbo’s story resonates with an inspiring peal in whatever tenor or language it is recounted. It speaks to the diligence and eventual rise to eminence of a hard worker from the backwaters. Indeed, the dirge of life resonates again, this time in the household of the Okunbos. Death, the dreaded dialogue between the spirit and the dust has finally manifested like a dark pall, shielding the late billionaire’s mortal soul from the beams of life. Yes, Okunbo is dead –the philanthropist has gone to sleep, where earthly crusts weigh upon the eyelids, keeping it closed six-feet underground. He died on Sunday, August 8th in a London hospital after a protracted battle with Pancreatic cancer. Though he was 63 at the time of his death, his death served as a rude shock to his friends, family and business associates. Many of the sympathisers, who thronged his residence to commiserate with his family, expressed their regrets at the untimely death of a man widely acknowledged as a fair and compassionate philanthropist. Predictably, his death threw Lagos and Abuja into mourning that so clearly contrasted with his infectious mirth and boisterousness while he was alive. There is no gainsaying Okunbo was a man, who impacted positively on everyone that came in contact with him. Interestingly, however, he achieved several great feats and remarkable firsts while navigating the cutthroat world of business and the swampland of human treachery. Despite his large heart, Okunbo suffered untold betrayal by friends and business associates. Even so, he harboured no illwill against his traducers, and he forgave too easily. Thank God for Captain Okiunbo, public and private lives intersected with the verve of humaneness and growth, for that was indeed what he symbolised to many while he was alive. But somewhere along the line, the magic departed and the demons moved in; after Okunbo fell ill to Pancreatic cancer, his fate was determined. With his departed the hopes of a world that had turned his life into part of its own projected unforgettable history and experiences. Okunbo captivated and intrigued the world like few privileged humans had. His grace and charm substantiated his irrepressible image as the ordinary boy, who became an extraordinary icon for generations of Nigerians, irrespective of class, gender and ethnicity. Captain Okunbo managed to enthrall all with his ingenious philanthropy and humane politics. Sadly, he had to depart the mortal world at 63. Born in Benin City in 1958 to the family of Reverend Robert Amos Okunbo, a clergy, teacher and community leader, young Okunbo

Capt. Hosa

had his primary education at Government Primary School in Benin City, old Bendel State now Edo State. He proceeded to Federal Government College, Warri, in 1971. After studying at the Nigerian Civil Aviation Training Centre, Zaria, Kaduna State, Okunbo became a professional commercial pilot at the age of 21. He later attended Acme School of Aeronautics, Fort Worth, Texas, in 1983, where he obtained his airline transport pilot license. He was a flight captain with Intercontinental Airlines for about two years and was later employed by Okada Airlines for three years. In 1988, he retired from piloting at the age of 30, having logged over 7,000 hours of flight time, and ventured into private business. He first established Hoslyn Ventures Nigeria Ltd, an indigenous oilfield service company responsible for the Early Production Facility (EPF) project at the Nigerian National Petroleum Corporation (NNPC) between 1998 and 2001 and procurement in the Nigerian petroleum sector. Captain Okunbo evolved into one of Nigeria’s biggest entrepreneurs with businesses spanning engineering and technology, energy, integrated service in the petroleum sector, maritime, hospitality, security, agriculture and others. He commanded the awe of many of his peers and admirers in Nigeria’s socio-political and business sectors. There is no gainsaying that he had conquered the air as a pilot; the sea as an oil and gas player with over 60 vessels; land as he recently unveiled the five-star Wells Carlton Hotel and Apartments

in Abuja; and an agricultural project worth a staggering $750 million with an initial $300 million take-off capital. The farm, located at Odighi and Odiguetue in Ovia North-East Local Government Area of his native Edo State, has already taken off with an $11 million 20-hectare Green House vegetable farm, which products would be exported overseas. Expected to create 25,000 direct and 60,000 indirect jobs, the farm would produce cash and arable crops such as cocoa, pineapples, pawpaw, banana, and stevia. Other products expected from the farm are livestock including cattle, poultry, and piggery; just as it will also engage in the production of tilapia – all targeted at export and meeting the protein and milk requirement of Nigerians. The farm also has plans for an agro-industrial park and airstrip to evacuate products to Europe and elsewhere. Okunbo was also a notable philanthropist, thus, his establishment of a not-for-profit foundation was to positively impact the lives of the needy in Nigeria. The foundation puts smiles on people’s faces by creating and supporting initiatives that deliver knowledge, skills, resources and infrastructure that will stimulate innovation, facilitate commerce, drive enterprise and improve living conditions. Its core programme interests are entrepreneurship, education, health, and rural development. For over three decades, Okunbo had been cutting large swaths through the labyrinths of

an otherwise impervious and volatile industry and he was commensurately revered. Recently, he signed a mouth-watering Financing and Technical Services Agreement (FTSA) deal worth $876m with CMES-OMS Petroleum Development Company Ltd (CDPC) for the development of Oil Mining Lease (OML) 65, an asset of the Nigerian Petroleum Development Company Ltd, NPDC. The deal was necessitated by the need to boost the nation’s crude oil reserves and daily oil production and its boundless potential “to explore, appraise and add reserves to base. It is also expected that the deal would help the federal government earn more than $6 billion in taxes and royalties and a firm guarantee to engage indigenous companies in the industry for ancillary services, thereby providing direct and indirect job opportunities. In recognition of his entrepreneurial excellence, Captain Okunbo, who blazed peerless trails in the world of business, was bestowed with the prestigious Order of Lafayette award at the United Nations Day for Global Peace. The Order of Lafayette is a patriotic, hereditary, nonpartisan, and fraternal organisation established in New York City in 1958 by Colonel Hamilton Fish III (1888-1991), a former Congressman from New York and decorated veteran of the First World War. Captain Okunbo was especially honoured for his distinguished role in encouraging, engendering and entrenching peace and harmony in Africa and the world at large. He was presented with his award by His Excellency, Robert Blum, chairman of the Order of Lafayette Awards. Present at the auspicious and exclusive awards presentation were diplomats and political and economic leaders from all over the world, who had all come to celebrate with one of their own. There have been many such coveted awards and honours from Nigeria and all over the world notably, in 2012, when the American Congress honoured him with the ‘Black Titan’ Award for being a voice of the Niger Delta people through his movie: ‘Black November’, which he bankrolled. Effortlessly, he personified the famous quote of Vince Lombardi that, “Winning is not a sometime thing; it’s an all the time thing. You don’t win once in a while; you don’t do things right once in a while; you do them right all of the time. Winning is a habit.” Indeed, having hacked his path to affluence in honest and industrious strides, he soon spread out like a bastion of human aspiration even as his exploits became objects of the world affection. As a businessman, Okunbo had the same fundamental psychology as the artist, inventor, or statesman. His sterling industry, humanity and unpretentious modesty manifested on all of his acquaintances positively. Okunbo was a patriot, whose commitment to national and economic stability were beyond doubt. By grit, persistence and hard work, he built a great empire that employed thousands of Nigerians and Africans in highly profitable and futuristic endeavour. He gave generously to medical research, the arts, education, thinktanks and science without courting media’s attention. He cared deeply about the values that make success in Nigeria and the African continent possible — free markets, freedom, limited censure and healthy competition. The philosophers hold the view that money corrupts and billions of money corrupts absolutely. But that’s not for Okunbo. He lived as if his intimidating billions didn’t get to him. He hadn’t tried to become anybody’s idea of a billionaire. He remained himself, with earnest grace, tenderness and sense of humour to the very last. His power was largely in his self-awareness and wit. Yes, he was unflinchingly, unnervingly honest. How many times shall he be remembered? In how many different ways? With just a glance, smile or gesture that spoke more than words, he revealed to his loved ones, the depth of his compassion and his humanity. He was the people’s prince, and that’s how he will remain in their hearts and in their memories.

TUESDAY AUGUST 10, 2021 • T H I S D AY

NEWSEXTRA

Court Remands Suspected Killer of Super TV CEO Wale Igbintade A Chief Magistrate Court in Yaba, Lagos State, yesterday remanded Miss Chidinma Adora Ojukwu, the suspected killer of the Chief Executive Officer of Super TV, Mr. Usifo Ataga, pending legal advice. Chidinma, a 300 level student of the Mass Communication Department, University of Lagos, was remanded alongside one Adedayo Quadri for the first 30 days. Magistrate Adeola Adedayo

(Mrs.) remanded her for 30 days pending legal advice from the Director of Public Prosecution (DPP) of Lagos State. Ojukwu, 21, was alleged to have murdered Ataga, in a service apartment in Lekki area of Lagos State. The defendants were remanded following an application made by the Prosecuting Counsel, Mr. Cyril Ejioffor, from Criminal Investigation and Intelligence Department, SCIID, Yaba. He said that the application

was brought in pursuant to Section 264 (1) (2) of the Criminal Law of Lagos State 2015. Ejioffor told the court that the

grounds of the remand were stated on the remand form. “The remand is to enable the DPP come up with legal advice. We pray for the remand of the

defendants for the first 30 days in the first instance,” he said. Dr. Babajide Martins, Director, Office of the Public Defender, (OPD), who represented the

first defendant, (Chidinma), did not oppose the application. He told the court that he was just served with a copy of the remand application.

NDLEA Docks Brazil-based Nigerian for Importing N8bn Cocaine Wale Igbintade The National Drug Law Enforcement Agency (NDLEA), yesterday arraigned a Brazilbased Nigerian, Mr. Ejiofor Felix Enwereaku, for unlawful importation of 27.95 kilogrammes of cocaine worth N8 billion. According to the anti-narcotic agency, Enwereaku was alleged to have conspired with one Mr. MG, an Ethiopian (now at large) sometime in May 2021 to import 27.95 Kilogrammes of cocaine worth N8 billion and thereby committed an offence contrary to and punishable under Section 14 (b) of the National Drug Law Enforcement Agency Act Cap N30 Laws of the Federation of Nigeria 2004. During his arraignment before Justice Nicholas Oweibo, the

prosecuting counsel, Mr. Augustine Nwagwu, informed the court that he has a three counts charge before the court and pleaded that the charge should be read so that the defendant can take his plea. Consequently, the charge was read to the defendant who thereafter pleaded not guilty to the three counts. Following his not-guilty plea, the prosecuting counsel pleaded with the court for a trial date and the remand of the defendant in the custody of the Nigerian Correctional Service pending trial. However, counsel for the defendant, Mr. Benson Ndakara, in his submission said that while he is not objecting to a trial date, he has a bail application filed on behalf of the defendant and pleaded with Justice Oweibo to allow him move the application.

REMEMBERING FALLEN HEROES…

L-R: Minister of Environment, Alhaji Mohammad Mahmood Abubakar; Director-General, National Biosafety Management Agency, Mr. Rufus Ebegba; and Conservator-General, National Park Service (NPS), Mr. Ibrahim Gomi, during the candlelight memorial in honour of the fallen heroes of NPS in Abuja... yesterday

Abductors Demand N30m Ransom for Kidnapped Victim in Kwara Hammed Shittu in Ilorin About six suspected kidnappers that abducted a 60 years old man, Mr. Ayo Alabi, last Saturday at Eleyin village between Oke-Onigbin and Omu-Aran Road in Irepodun Local Government Area of Kwara State, have demanded for the payment of N30 million ransom from the family of the

victim. Alabi was returning from a funeral held at Osi in Ekiti Local Government Area of the state on Saturday’s evening in a Toyota Sienna bus when six armed men emerged from the bush and ordered seven passengers in the bus to come down and led them into the bush. THISDAY investigations yesterday revealed that the

kidnappers got in touch with one of his friends, Mr. Williams Owolabi on Sunday night and demanded a ransom of N30 million to secure his release. The kidnappers were said to have intercepted the Sienna Bus along Oke- Onigbin/Omu-Aran Highway. Also a commercial Toyota Hiace Bus conveying 20 passengers and a car being

driven by a pastor and his wife were simultaneously intercepted by gun men at Ekan Meje/Ekiti axis both in Kwara South Senatorial District of the state. However, the police in a gun battle have been able to rescue four out of the seven victims in the Sienna bus while the kidnappers escaped with the remaining three passengers.

Suspected cultists have killed two persons in Etim Ekpo Local Government Area of Akwa Ibom State during the weekend. The deceased, Nkereuwem Ime Udo Ekere and Effioyo Emmanuel, were said to be returning from a night vigil organised by the New Church

government. The deceased were killed by reportedly suspected members of the Iceland confraternity in the ongoing cult war in the local government. Checks revealed that those killed were indigenes of Okoyo village in Ukanafun Local Government Area of the state.

Akpan Ido compound at about 4:00 a.m. in Ikot Ese village, while returning from a night prayer organised by the New Church in Ikot Ese community,” a source said. The source added that “these people were attending a night prayer and crusade at the New Church in Ikot Ese village. They own a gospel

other events planners hire for their occasion. “After the prayer session, they left the church as early as 4:00 a.m. on motorcycle heading towards Okoyo village in Ukanafun Local Government Area, but were ambushed few meters from the church near Enen Akpan Ido (Akpan Ido compound) and shot dead.

Customs Patrol Vehicle Crushes Seven, Injures Suspected Cultists Kill Two Worshipers in A’Ibom 20 in Katsina at Ikot Ese village in the local “They were killed near band that some churches and Okon Bassey in Uyo Francis Sardauna A Nigerian Customs Service (NCS) patrol vehicle yesterday crushed seven persons to death, including a 13-year-old girl and injured 20 others in Jibia Local Government Area of Katsina State. Residents of the border town said the incident occurred at about 10 a.m. along Jibia-Kauran Namuda Highway while the customs officers inside the partrol vehicle were pursuing an alleged J5 Peugeot smugglers’ vehicle suspected to be conveying contraband. THISDAY gathered that the victims, mostly farmers, were standing by the roadside when

the patrol vehicle suddenly veered off the highway and hit them. The scenario, according to residents of the town, generated tension amongst survivors. An eyewitness, Mr. Usman Kabir, said: “The patrol vehicle and the smugglers vehicle were on top speed and they were just approaching Jibia town when the driver of the patrol vehicle veered off the highway and run over the people. “Six people died on the spot while one died while being rushed to the General Amadi Orthopedic Hospital, Katsina, the remaining 19 who sustained injuries are presently on admission at the same hospital.”

Gunmen Kidnap Farmer in Ekiti, Demand N5m Ransom Victor Ogunje in Ado Ekiti Barely 24 hours after a man was killed in Ekiti State with wife and daughter abducted by gunmen, some suspected kidnappers had again abducted a farmer in Ikole Ekiti, Ikole Local Government area of the state. A family source confirmed to journalists yesterday that the man was kidnapped last Sunday evening. The alleged abduction of the farmer was coming few days after some guests were attacked by gunmen at Ayetoro Ekiti while returning from a burial

ceremony, where one person was killed and two persons abducted. The recent kidnapping, according to the source, happened inside a farm located at Okejebu, Ikole Ekiti. According to the family members, “The victim had gone to farm on Sunday, and by 6p.m., when waited and expected that he ought to have returned but we didn’t see him, we started calling his phone, but there was no response until around 8p.m. when a call came in to demand the sum of N5 million as ransom.”

Niger Holds Emergency Security Meeting over Kidnapped Commissioner Laleye Dipo in Minna An emergency security council meeting was held yesterday in Minna, Niger State, following the kidnap of the state’s Commissioner for Information, Mr. Mohammed Sani Idris. Idris was kidnapped by unknown gunmen from his house in Babantunga in the Tafa Local Government Area of the state at about 11p.m. on Sunday.

The security meeting would be presided over by the Niger State Govenor, Mr. Abubakar Sani Bello, with the Niger State Deputy Governor, Mr. Ahmed Mohammed Ketso, the Secretary to the State Government, Mr. Ahmed Ibrahim Matane in attendance. All heads of Security organisations in the state are also attending the meeting. A government house source told THISDAY that the meeting

was summoned purposely to deliberate on the steps to be taken to rescue the abducted commissioner. “It is not expected that a statement will be issued at the end of the meeting,” the government house source said. In the meantime the Babantunga community, the country home of the abductee, is reported to be in mourning mood following the incident as community members were

reported to be coming into the commissioner’s residence to commiserate with his wife. THISDAY learnt that some officials of the Ministry of Information have also gone to Babantunga to sympathise with the family of the kidnapped commissioner. Asked what has happened so far, a top official told THISDAY that “the bandits are yet to contact the family. We are still waiting.”

Five Killed as Tanker Crushes Taxi in Ibadan Kemi Olaitan in Ibadan Tragedy struck in Celica area of Egbeda Local Government Area of Ibadan, Oyo State, yesterday when a fuel-laden tanker rammed into a commercial car, killing five passengers onboard. Eyewitnesses said the truck, which was suspected to have suffered a brake failure, was being maneuvered by the driver

which resulted in the crash. Two of the victims are said to be siblings preparing for their National Examination Council (NECO) examination. An eyewitness explained that the fully loaded tanker skidded off the road with the taxi before plunging into a nearby ditch, stating that the taxi was about to enter the road when the truck crashed into it.

He also added that there were six passengers in the taxi as of the time of the accident, but that four of them died immediately the accident occurred. Officers of the state firefighters and the Federal Road Safety Commisson (FRSC) were said to have stormed the accident scene on rescue efforts by putting out the fire and douse fear of possible explosion.

The witness said the road safety officials also helped ease vehicular traffic in the ever busy Ibadan-Ife expressway. The state Sector Commander of FRSC, Mrs. Uche Chukwurah, while speaking on the incident, said five people died, stating that the victims include three males and two females, attributing the incident to brake failure on the part of the fuel-laden tanker.

TUESDAY, ͹͸˜ ͺ͸ͺ͹ ˾ T H I S D AY

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Group Sports Editor: Duro Ikhazuagbe Email: duro.ikhazuagbe@thisdaylive.com

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Dare Orders Probe of AIU’s Suspension of 10 Nigerian Athletes in Tokyo Describes Team Nigeria’s outing at the Games best in the last 13 years

Femi Solaja

Following the suspension of 10 Nigerian athletes from the just concluded Tokyo 2020 Olympic Games in Japan by the Athletics Integrity Unit (AIU) of World Athletics, Sports Minister, Sunday Dare, has ordered probe into the unfortunate incident. Team Nigeria returned from Tokyo 2020 on Saturday with a silver and bronze medals. While reviewing Nigeria’s performance at the Games Team USA emerged winners with 39 gold, 41 silver and 33 bronze medals, the minister insisted yesterday that a full investigation of what led to the embarrassment will prevent a repeat in the future. “I have ordered a full investigation that will not only uncover what happened, but will also, recommend a process where such lapses can never occur in the future and initiate leveraging compliance monitoring technology to guardrail this,” observed Chief Dare. He admitted making attempts to stop AIU from implementing the suspension of the 10 athletes when the matter was brought to his notice. “When notice of this ruling got to me, I immediately mobilized my team and the AFN leadership to see how the situation could be salvaged. We mounted a vigorous appeal process with Athletics Integrity Unit, AIU and had the team members complete the tests. “However, timing became the critical issue . Despite our energetic appeal, the deciding committee made its announcement which gave no latitude to our team members for what was only an inadvertent lapse,” he stressed. The minister also revealed swift moves made by the sports ministry to ensure Nigeria exited the Category A of countries with high risks of doping infractions. “I have personally apologized to the affected athletes. Here and now, I personally apologize to all Nigerians for this ineligibility episode. The AFN has also taken responsibility and apologized to the athletes and to Nigerians. Already, a new Medical and Anti-Doping Commission has been set up to establish a fool proof system of testing and ensure Nigeria exits the A Categorization by WADA. Dare also described the banning of Nigeria’s top sprinter, Blessing Okagbare for use of Human Growth Hormone (HGH) as unfortunate. “Blessing Okagbare remains one of our best athletes who has served Nigeria well. We emphatize with her. Nigeria will monitor closely developments around her temporary suspension and appeal.” Against a backdrop of criticism that Nigeria only returned from Tokyo with the silver and bronze medals won by Blessing Oborududu (wrestling)and Ese Brume (long jump), Dare said the performance was better than the country’s past outing in the last 13 years. “Their performances were

TOKYO 2020 OLYMPICS FALLOUT inspiring for they affirmed we can and should compete at the highest levels across the full range of sports events. Yes, we had wished and worked for more medals. But we must

also put things in perspective. The medal outcome at the 2020 Tokyo Olympics stands as Nigeria’s best result in the last 13 years.” On the controversial pull out

of German sportswear company PUMA from the deal it entered with the Athletics Federation of Nigeria (AFN), the minister said he has demanded a proper investigation into this matter. “Such an inquiry will unearth the truth about how some people tried to sabotage

Nigeria’s participation and undermine the country and our Olympic athletes.” He also dismissed the video of shot putter Chukwuebuka Enekwechi washing his jersey as an attempt to blackmail the country. “The quantity of competition

wears given to each athlete is the decision of the particular federation. No complaints came to my notice until the Tik Tok Video posted by one of the athletes went viral. We Immediately stepped in to manage the situation,” concludes the minister.

The suspended 10 Nigerian athletes protesting their exclusion from the Olympic Games at the just concluded Tokyo 2020 in Japan

Gerrard Banks on Balogun, Aribo against Malmo Tonight Femi Solaja with agency report As Scottish champions, Rangers, get set for the third round UEFA Champions League qualifying match against Malmo FC this evening, manager Steven Gerrard, is delighted to have Super Eagles’ centre back, Leon Balogun in action. Gerrard is optimistic of his Rangers victory to guarantee their qualification into the final phase of the series. He said his side can "flip the mood" of the previous seven days with a Champions League win over Malmo tonight. Rangers had a wonderful season primed undefeated 2020/21 Scottish Premiership season and successful Europa League campaign in which they won their group and reached the round of 16. Rangers have also opened up their 2021/22 title defence with a 3-0 win over Livingston. But last week Tuesday saw their 40-match unbeaten run

CHAMPIONS LEAGUE QUALIFIER shattered after a 2-1 defeat at Malmo and four days later another loss in the domestic league. However, the return of the Nigerian defender, Balogun, who has served mandatory match-ban is available with two other star players is what the former England captain, Gerrard is banking on for his team to reach the final stage of the competition. "We need to give the players a chance before we judge them," Gerrard said. "Time will tell. We are two games in, in terms of the league, and one game in terms of Europe. It's still very early days. "We won't use any excuses. The last two performances haven't been to our level that we've set, certainly over the last 12 months. But that's on me, and us as a group, and we will deal with the criticism and negativity coming our way. That's what you have to do.

“I'm happy that Balogun is back after the suspension and same with few other players within the fold. This has given me and the rest of the bench that we have a lot to gain from this moment. "But what I would say is: we only need one performance to light the fire again. "In terms of the league, it was our first defeat in 40, and our Ibrox performances in European games have been pretty strong so I expect a good performance tomorrow and we can flip the mood of the previous seven days with a real strong performance and the result that we want. "We can change it pretty quickly and that's the opportunity we have tomorrow." The return of midfielders Joe Aribo and Ianis Hagi as well as their striker, Alfredo Morelos will help the team to push their opponent back before home fans tonight. Leon Balogun...back from suspension

TUESDAY, ͹͸˜ ͺ͸ͺ͹ ˾ T H I S D AY

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TRANSFER NEWS...TRANSFER NEWS...TRANSFER NEWS...

Lukaku Completes Part of Chelsea Medical in Milan

Romelu Lukakuhas completed the first part of his medical ahead of his £98million return to Chelsea and dropped a big hint that a deal is close to being over the line. The Belgian forward was recorded leaving Milan's Columbus clinic on Monday afternoon and appeared to be holding a Chelsea shirt in the back of the car as he was whisked away, in a video published on fcinternews.it.

He will rejoin Chelseaseven years after his departure for Evertonin 2014 and after a terrific season for Inter Milan, where his goals led the Nerazzurri to the Serie Atitle. The two clubs have now agreed a fee for Lukaku, 28, who told Italian champions Inter last week that he wanted to join Chelsea. According to UK’s Daily Mail ,Lukaku is poised to sign a contract

worth around £200,000 per week after tax. Lukaku is also set to overtake Neymar and become the most expensive player of all time in accumulated transfer fees. His latest switch will take him ahead of the Paris Saint-Germain attacker in combined transfer fees, with the Belgian set to rack up an eye-watering total of £291m. Inter's financial problems mean

they have been willing to let a number of players go already this summer, including Achraf Hakimi and Ashley Young, with Lukaku's departure on the cards for a while as the club looks to balance the books. Lautaro Martinez has been linked with a move to Tottenham too, with the Scudetto holders

seeing some of their key players leave the squad. Lukaku's first move saw him go from boyhood club Anderlecht to Chelsea for £17m as an 18-year-old, almost exactly 10 years to the day that he returns to SW6. He then opted to move to Everton for £28m and subsequently joined up with

Jose Mourinho at Manchester United in 2017 for £75m. However, the Belgian fell out of favour during his second campaign at Old Trafford in what was his worst scoring campaign for four years, prompting a move to Italy for £73m in the summer of 2019 - but now he is set to be on the move again.

SpursConfirmKaneforPremiership Opener against Man City

Harry Kane...proposed Man City switch threatened

Tottenham Head Coach, Nuno Espírito Santo, has said that striker Harry Kane will be available to face Manchester City in Sunday's Premier League season opener. Kane returned to Hotspur Way on Saturday amid speculation over his future at Tottenham and is quarantining at the club's training ground hotel, The Lodge, until Thursday. Nuno was due to hold "socially distanced" talks on Monday with Kane, who has denied that he refused to turn up to training last week, insisting his Saturday return was "planned". City boss, Pep Guardiola, has confirmed his interest in Kane, heightening the tension around the Premier League champions' opening weekend visit to Spurs. Asked about Kane's availability for the match, Nuno told Sky Sports News: "All the players in the squad that work on a daily basis will be options

for us." The Citizen are highly optimistic of landing wantaway Kane in a £150million deal before the summer transfer window closes, according to reports. City have been eyeing a move for Kane all summer after he expressed his desire to leave Spurs in his bid to win the biggest silverware in European football, and the Premier League champions are continuing their pursuit despite their £100million arrival of Jack Grealish last week. Despite Lionel Messi now being on the market following his bombshell Barcelona exit, City are refusing to enter the race for the six-time Ballon d'Or winner with Kane their top priority still. And according to UK’s Standard, City remain convinced they can wrap up a mega-money move for the England captain even if they can't strike a deal before the season starts.

Grealish: I Cried When I Left Aston Villa New Manchester City signing, Jack Grealish has disclosed that he cried just like Lionel Messi when he left Aston Villa. Grealish made this known during his first press conference on Sky Sports on Monday, where he commended the Villa’s management for making his move to Man City smooth. The England international joined City last week for £100m in the biggest deal in English football history, leaving the club where he had spent his entire career. He said: “It was so tough. I think everyone knows that,” said Grealish, who could make his City Premier League debut when they face Tottenham in Sunday’s season opener, live on Sky Sports. “I reported back for the pre-

season as I was meant to. That’s when the manager wanted me

back so I obviously went back for a few days. It was obviously difficult because in the back of my head, I knew that I might be going. “Everyone’s seen the way Messi was at his final press conference and that is the exact way I felt myself. “Before I left, at the hotel, I spoke to the team, the staff and the players and I teared up a little bit myself.”

Hundreds of PSG Fans Wait in Vain for Messi’s Arrival in Paris Jack Grealish...left his boyhood club for City

Hundreds of excited Paris SaintGermainfans are waiting outside the Parc des Princes and one of the city's airports in order to catch the first glimpse of Lionel Messi. After a tearful farewell to Barcelona on Sunday, the Argentine

Former Barca Forward, Bojan, Joins Japanese Team Former Stoke City and Barcelona forward Bojan Krkic has joined Japanese team Vissel Kobe. Bojan, 30, played for Stoke between 2014 and 2019 after beginning his career at Barcelona. He has been without a team since leaving Major League Soccer side Montreal Impact at the end of 2020. "This opportunity is one of the best, both personally and professionally, and I can't wait for this big challenge," said Bojan. Vissel Kobe are third in Japan's J1 League, with their squad including former Barca midfielder Andres Iniesta, 37, and ex-Arsenal defender Thomas Vermaelen, 35. Bojan, who has also played for Roma, AC Milan and Ajax, added:

Lukaku...poised to seal £200,000 weekly deal at Chelsea

"I have been attracted to Japanese culture for a long time, and thanks to Vissel Kobe, I can experience Japan for myself. "Iniesta is special to me and I am happy to be able to play with him again. I want to score a lot of goals from his assistance." Bojan became Barcelona's youngest player to feature in La Liga when he made his debut in 2007 at the age of 17 and helped them win the Spanish title on three occasions and the Champions League twice. He made one international appearance for Spain and scored 16 times in 86 games, including 14 Premier League goals, during his five-year spell at Stoke. Bojan ...joins Japanese side

superstar is expected in the French capital to capital to complete his transfer to PSG in the next few days. But they could be in for a long wait with Messi filmed on Monday wearing swimming trunks by the pool at his house in Barcelona. Messi, 34, didn't confirm he was about to sign for the French club in Sunday's press conference but newspaper L'Equipe said he was set for a medical in Paris on Monday and to finalise terms. It has prompted many PSG fans to gather at the entrance of their team's stadium, under tight security from police officers and stewards, and at Le Bourget Airport north of the city. The airport is typically used for private jet and business flights. PSG fan Mehmet Sen, who had been waiting at the gates of the airport since 2am, said: 'We're waiting for a legend, the legend that is Leo Messi.' Fans also thronged the airport on Sunday night after a false rumour spread that Messi was due to arrive. But the large crowd chanting 'Messi, Messi' was left

PSG fans crowded one of the major airports in Paris to catch glimpses of Messi but the Argentine did not show up. PHOTO Daily Mail disappointed because the player was still in Barcelona. That appeared to still be the case on Monday with the media assembled outside his house capturing a glimpse of him walking by the pool in swimming trunks. He held an emotional press

conference on Sunday morning, explaining he didn't want to leave the Nou Camp but Barcelona's crippled finances pushed him out. PSG can sign Messi on a free transfer because his Barcelona contract had expired but he is reportedly set to earn enormous wages of £570,000-a-week.

Tuesday August 10, 2021

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MISSILE Afenifere to Babangida “Nigerians are not interested in any excuse being now given by IBB. He lost the opportunity of being the hero of democracy and father of a new Nigeria, an eternal regret that no whitewashing on television can redeem” Secretary General of Afenifere, Chief Sola Ebiseni, castigating Babangida for justifying his ignoble annulment of the June 12, 1993 presidential election presumably won by MKO Abiola.

TUESDAY WITH REUBENABATI abati1990@gmail.com

IBB’s Birthday Interview

eneral Ibrahim Badamasi Babangida (IBB), Nigeria’s military Head of State, 1985–1993 is arguably the most controversial person to have ever led Nigeria since independence. He turns 80 next week, August 17. Ahead of that birthday, he granted an interview to Arise TV, aired Friday, August 6, which has understandably generated considerable interest. It has been a while since Nigerians heard directly from IBB. More recent stories about him focussed on speculations about the state of his health. Given the controversial nature of his place in Nigerian history, many also obviously waited for that interview out of curiousity. There have been reactions from different quarters. The most telling reaction for me was someone making the remark that she was pleasantly surprised that IBB is still alive. I was shocked. She added that no other Nigerian President has been more abused by Nigerians, and if curses could kill, IBB should have been long dead and forgotten. In the wake of the annulment of the 1993 Presidential election by the Babangida junta, activists in the South West rained curses on IBB. Old women stripped themselves naked, based on the general cultural belief that if an old woman curses anyone with her exposed chest, such a person is doomed for life. Hurriedly- made wooden coffins were paraded on the streets of Lagos, and mock funerals were conducted. IBB’s offence was his annulment of the 1993 Presidential election. The lady remarked that her only take-away from the Babangida interview is how God has a way of preserving the wicked. That is the kind of man IBB is. He evokes extreme passions of opposite variety with near-equal intensity. For me, the very idea of the interview alone was useful. Getting IBB to talk at all was an achievement for Arise TV, and a special career moment for Ngozi Alaegbu, the anchor. At 80, IBB has aged quite well. His faculties remain sharp. He was articulate, and witty as ever. His responses showed maturity and diplomacy, but a closer interrogation reveals that he is still the same foxy manipulator of public perception. Nonetheless, there were parts of the interview that one could easily agree with and others that sounded rather fishy. IBB was right to have complained about how the major problem with Nigeria today is the “tyranny of the elite”. Other countries are able to move forward and achieve more than their potential, and inspire the people to greatness because of a certain elite consensus in that direction and the impact of responsible leadership. But here in Nigeria, “there is a disconnect between leadership and followership” as IBB argues. The people do not trust their leaders. The leaders themselves do not care enough. IBB blames them for sowing the seeds of disunity in the country. What I did not hear him say is how he is one of the same leaders that he blames. On the question of the economy, IBB expressed the view that there is too much control in running the economy and that there is need to open it up further. Perhaps he is right. Government tends to ruin every investment it manages by itself in the long run. He says the Nigerian military is overstretched, and that for Nigeria to make any difference in the war against insecurity, our soldiers need to do more, believe in what they are fighting for, they must be well-trained, well-led and well equipped. He also talked about inconsistency in government policies. Well, that didn’t start today. There are critics who would trace that inconsistency back to the Babangida era. On the state of the Nigerian economy, IBB says the fact that the economy has not collapsed is an indication that the government is working. If the economy were to collapse, we would all be dead, the way we died a little when the Babangida administration

Babangida

introduced the Structural Adjustment Programme (SAP) in the mid-80s. It was also interesting to see the senior citizen defending the supremacy of the rule of law, when he said “nobody should disobey lawful orders in a democracy.” But should anyone do so at all, at any time? Under the Babangida junta, the courts were routinely disobeyed. IBB is now a democrat defending the rule of law! The more common-sensical aspects of his interview should be easier for many Nigerians to deal with, but there were a few controversial points made by the retired General, and elder statesman, which have set the tone for public discourse in the last few days. He does not consider zoning or rotational Presidency a good idea, rather he defends merit and competence, and that the democratic process must produce a candidate of merit, regardless of where such a candidate comes from. The problem with this is that there are Nigerians whose geographical zone in the country has never produced a Nigerian Head of State since the return to democracy in 1999. They want the Presidency zoned to their own area also, in line with Sections 14(3) and 14(4) of the 1999 Constitution to ensure a sense of common ownership and to allay fears of marginalization. Is IBB aware of the conversation around this? Is he aware of the Igbo agitation for Presidency? Or the position of the 17 Southern Governors in the South who have specifically demanded that the Presidency of Nigeria in 2023 must be zoned to the South? The future of Nigeria depends in part on how the matter of common rights under the law is resolved democratically and not through the mechanism of the tyranny of a minority elite. He thinks that a “one-party state” cannot happen in Nigeria because Nigerians “will not allow it to happen”. Fact-check: the country is already drifting towards a one-party state system with the gale of defections from other political parties into the ruling All Progressives Congress, and the looming implosion within the major opposition party, the Peoples Democratic Party (PDP). The relevance of the two-party system that IBB recommends as the best option for the country is belied by the crisis in the country’s two major political parties. The view that the various other political parties

do not really matter contradicts his other views about the need to practice democracy the way it is done elsewhere. In the United States, two political parties may be dominant but there are so many other political parties representing the views and beliefs of others, including minority groups and it is the existence of such pluralism and diversity that democracy is all about. We should understand where General IBB is coming from. He was the architect of a political system that limited Nigeria’s democracy to two political parties: the SDP and the NRC, but that experiment failed because the reduction of Nigeria’s political system to a vague synecdoche: “a little to the left and a little to the right” made it possible for the military and civilian elite to manipulate and violate the people’s will in the 90s. Nigeria is yet to recover. General IBB struggled to use the interview to defend his legacy and rewrite history, and he made quite a spirited effort in that direction. His repeated references to the importance of democratic rule and the supremacy of the rule of law are at best ironic and revisionist. He tells us that the Structural Adjustment Programme (SAP) of 1986 was a sound economic policy and that his administration has been proven right. When his attention was drawn to how SAP created problems for the country, his quick response was that “other people took advantage of what we did.” SAP was the beginning of our economic woes and the root of other ills in the Nigerian society. After the introduction of SAP, which was meant to be a life-saving economic policy, Nigeria began a journey towards the precipice. The first major fuel price increase in Nigeria was under SAP in 1988. Three decades later, IBB speaks of SAP so proudly. He can do so because Nigerians tend to forget so easily. We are so tied to the present, and so troubled, memory is a burden. But anyone who lived through the period of the 80s should not forget the SAP riots of 1989. The many, including students and unionist that were murdered in cold blood. The collapse of the education system, and the gradual impoverishment of Nigerians. By the time IBB decided “to step aside” in 1993, Nigeria was no better than an accident victim on life support, with broken limbs. It is again one of those ironies that IBB can boast that he and other members of his junta were saints compared to the present administration. He talks about how his government fought corruption. “So tell me who is better at fighting corruption?” For the benefit of those who may have forgotten, once upon a time in this country, General Babangida was considered a villain. In fact, the 1989 riot was in part a protest against institutionalised corruption! It is a sign of how bad things have become since then that the same leader can look straight into our faces and tell us that the epithet, Maradona that was used to describe him was an acknowledgement of his “deft, political moves”. He even laughs at the oxymoronic description of his persona: “the evil genius”: “I marvel at that. The contradiction – you can’t be evil and then a genius.”” To tell ourselves the truth, yes, a genius can be evil in the deployment of his talent, and the corresponding impact. The term “Maradona” referred to his foxy and manipulative tendencies. In the quarter final match between Argentina and England in the 1986 FIFA World Cup, Argentine football genius, Diego Maradona scored a goal with his hand. He later called it “The Hand of God” goal. In these days of VAR technology in soccer, that goal would have been disqualified, but he got away with it. IBB as Nigeria’s leader was infamous for such devious manoeuvres. But perhaps the most astonishing part of the retired military ruler’s revisionism is his excuse for the annulment of the June 12, 1993 Presidential election. He says “If it materialised, there would

have been a coup d’état – which could have been violent. That’s all I can confirm. It didn’t happen thanks to the engineering and the “Maradonic’ way we handled you guys in the society. But that could have given room for more instability in the country.” Afenifere and NADECO chieftains and others have appropriately taken up General Babangida to remind him of the truth. Nigerians elected Bashorun MKO Abiola, as Nigeria’s President. The election was free and fair. For the first time in Nigerian history, a Presidential candidate secured majority votes in virtually every part of the country. It was a truly historic, myth-defying election with a high voter turn-out. But IBB and his friends truncated the process because of the fear of a coup. These were Generals who were master coup planners. IBB was so good at planning coups it was said he had taken part in every coup in Nigeria since July 1966. In 1985, he decided to take charge directly by removing Major-General Muhammadu Buhari from power. IBB himself would not tolerate any such act of treason and treachery. When his friend, the soldier and poet, General Mamman Vatsa was implicated in a coup against the Babangida administration, IBB got him killed. The same man now tells us, he was afraid of a coup so he annulled a people’s election. He staged a coup against the people of Nigeria. MKO Abiola was his friend too. MKO died in that struggle. And now IBB dances on his grave. And on the graves of many other Nigerians who lost their lives, leaving behind widows, widowers and orphans. If this is meant to be another Maradonic move, it is important to call it out for what it is: cruelty. It would have been better if MKO Abiola had been allowed to claim his mandate. Even if a coup was organised against him, IBB owed him and the people of Nigeria a duty to make that coup impossible. Even if MKO Abiola died in that imaginary coup, it would have been on record that he died in the palace of democracy not in the hands of tyrants. How does IBB feel today, now that Buhari has recognised June 12 and MKO Abiola? Today, General IBB is the same man now prescribing criteria for Nigeria’s next President in 2023. Hear him in his own words: “I have started visualising a good Nigerian leader. He should be a person who travels this country and has friends in every state of the country; a person who is very vast in the economy, a person who is a good politician who is ready to talk to Nigerians. I have seen about three already. The person should be in his 60s and I believe if we get such a person, Nigeria will get it right.” I disagree with his emphasis on an age bracket. It amounts to needless politics of exclusion. The problem with Nigerian leaders is not their biological age. It is the age of their ideas. In the United States, Bill Clinton became President at 47. President Barack Obama at 48. But after Obama, Americans elected Donald Trump, a 71-year old man. Current President Joe Biden came into office at 78. We need a mixture of every demographic category to move Nigeria forward from the old order to a new place. But IBB is right about the knowledge of economic issues and the need to have a bridge-builder and a nationalist in office. My only worry is that Bashorun MKO Abiola met all the criteria outlined by IBB. In 1993, when he won the Presidential election, MKO was 55. He was also a man who had a great knowledge of the economy having established himself as a global entrepreneur. He was in addition, a Chartered Accountant. He also had friends from all parts of Nigeria and the entire world. No Nigerian before now fits IBB’s criteria better than MKO. As the General turns 80, is his conscience beginning to prick him, hence he recommends a future President in Abiola’s image?

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