Buhari Sues for Peace in Kaduna, Says Let’s Live as Brothers, Sisters No peace without justice, CAN, S’Kaduna leaders reply president Omololu Ogunmade in Abuja and John Shiklam in Kaduna President Muhammadu Buhari yesterday appealed to the people causing mayhem in Kaduna State to learn to live
with their neighbours in peace and harmony, without which he said development would be an illusion. But the Kaduna State Chapter of the Christian Association of Nigeria (CAN),
and the Southern Kaduna Peoples Union (SOKAPU), have insisted that there can be no peace without justice, describing the president’s comments as his usual rhetoric, that failed to address the
security challenges facing the country. Speaking at the virtual opening of the Fifth Kaduna Economic and Investment Summit, Buhari urged the people to cooperate with
the government and security agencies to pave the way for desired peace and harmony. The theme of the event was: "KADInvest 5.0, Infrastructure, Industrialisation and Innovation."
A statement issued by the president's media adviser, Mr. Femi Adesina, said Buhari submitted that development would only take place when Continued on page 8
Analysts Rule Out Interest Rate Cut, MPC Decides Today... Page 6 Tuesday 22 September, 2020 Vol 25. No 9297. Price: N250
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APC, Obasanjo Congratulate Obaseki Omololu Ogunmade, Onyebuchi Ezigbo, Adedayo Akinwale in Abuja and Adibe Emenyonu in Benin City The All Progressives Congress (APC) yesterday congratulated the winner of last Saturday’s governorship election in Edo State, Governor Godwin Obaseki of the Peoples Democratic Party (PDP), noting that the peaceful nature of the election reflected President Muhammadu Buhari’s commitment to the development of democracy in the country. The Chairman of its National Caretaker Committee, Governor Mai Mala Buni of Yobe State, expressed the party’s position in a statement in Abuja shortly after a
PEOPLE’S EMIR GOES HOME... Multitude at the burial of the Emir of Zaria, Alhaji Shehu Idris, in Zaria…recently
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Kyari: Market Cabal Enriched Themselves with Subsidy Payments FG spent N8.9tn on fuel subsidy in nine years, says PPPRA Emmanuel Addeh in Abuja The Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Mallam Mele Kyari, has said that the benefits of the fuel subsidy regime were enjoyed by members
of a market cabal engaged in fuel marketing and not the masses that it was targeted at. The corporation has also reaffirmed its commitment to the pursuit of a 35 per cent women inclusion in its workforce. This is coming as it was
revealed that the federal government spent a whopping N8.942 trillion in subsidising petroleum products between 2006 and 2015, according to figures from the Petroleum Product Pricing and Regulatory Agency (PPPRA), indicated yesterday.
Speaking during a Hausa programme on a radio station in Kaduna, Kyari said subsidy was removed because it was characterised by fraudulent activities. He explained that fuel subsidy was not beneficial to the masses who are the
original target beneficiaries, therefore, the federal government removed it with a plan to reinvest on projects that will have a direct impact on the masses. “The crude oil is a global commodity and its price is not hidden, everyone can
calculate and know how much is the cost of every final product from the crude at the international market. But, since the inception of oil importation, the government has been paying subsidy on Continued on page 8
Nigeria Demands Equitable Representation at UN Security Council...Page 5
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Group News Editor Ejiofor Alike Email Ejiofor.Alike@thisdaylive.com, 08066066268
Nigeria Demands Equitable Representation at UN Security Council
Omololu Ogunmade in Abuja President Muhammadu Buhari yesterday advocated the necessity for a fair and equitable representation in the United Nations (UN) Security Council, saying doing so is crucial to achieving “the United Nations we need.'' The president made the call when he joined other world leaders at a virtual meeting of the UN General Assembly in commemoration of the 75th anniversary of the global body. Nigeria has over the years been calling for a reform of the Security Council that will offer Africa a place in the structure and composition of the Security Council in recognition of its contributions to peace-keeping operations. Buhari described demands for the reform as just and long overdue, pledging Nigeria's commitment to the UN's principles of human rights, peace and security, and democratic governance. He also pledged Nigeria’s rededication to what he described as multilateralism and rules-based international system. The president also expressed optimism that this year's event would offer the UN the platform to respond to numerous challenges confronting member states. He said: ''The demand for the reform of the United Nations Security Council is just and a place for Africa in the very strategic Organ of the Organisation is long-overdue. ''In our collective effort to rebuild the United Nations of our dream, Nigeria reaffirms her commitment to uphold the principles of the United
Nations including human rights, peace and security, as well as democratic governance. ''I, therefore, reiterate Nigeria’s rededication to multilateralism and the rules-based international system. ''It is my hope that this anniversary will encourage us to respond to the numerous challenges we face and support efforts aimed at building the United Nations system we desire.'' A statement by one of the president's spokesmen, Mr. Femi Adesina, said Buhari hailed the UN for remaining true to the aspirations of its founders. On Nigeria’s participation at the UN, Buhari said the country had remained a reliable partner of the UN in its aspiration to achieve its mandate of a more peaceful, secure, and developed world. According to him, this 75th general assembly is significant because it coincides with the 60th year of Nigeria's entry into the UN. He proceeded to enumerate various ways Nigeria has contributed to the UN's peacekeeping and humanitarian operations, adding that Nigeria has at five different occasions served as a non-permanent member of the Security Council. ''This year’s celebration is significant to Nigeria as it coincides with our 60th anniversary of joining this esteemed Organisation. ''As an active member of the organisation, Nigeria has contributed human, financial and material resources to several United Nations peacekeeping operations. ''We have also provided humanitarian aid to refugees
FG Commences Visa Processing on Reciprocity Basis Adedayo Akinwale in Abuja The federal government has commenced visa processing on a reciprocity basis for applicants from countries that have reopened their international airspace and have begun issuing visas to Nigerian applicants. The Consulate General of Nigeria in South Africa confirmed this development in a statement issued yesterday, saying the federal government has granted payment waivers to certain categories of visitors/migrants affected by travel restrictions introduced during the COVID-19 pandemic. It said: "The Consulate General of Nigeria, Johannesburg, wishes to announce the recommencement of visa processing, on Reciprocity Basis, for applicants from countries that have reopened their international airspace and have begun issuing visas to Nigerian applicants. In this regard, the federal government of Nigeria has granted payment waivers to certain categories of visitors/ migrants affected by travel restrictions introduced during the Coronavirus pandemic. "All visitors/migrants whose permits expired from March 23 to September 5, 2020, should provide evidence of confirmed return tickets scheduled to travel out of Nigeria to obtain a free extension to depart on or before
September 15, 2020. "All migrants whose permit/ visitor’s pass expired before March 23, 2020, shall pay an Overstay Penalty for the number of days stayed before the lockdown on March 23, 2020." The Consulate General added that all resident migrants whose permits expired outside Nigeria from March 23, 2020, would be allowed entry into Nigeria with the expired permits on or before September 25, 2020. It stressed that such returning holders of expired permits and their dependents are to renew the permits within 30 days of arrival in Nigeria to avoid sanctions under relevant immigration laws. It said that all migrants who processed payments for visa on arrival and all other categories of visas from Nigerian Missions before March 23, 2020, are to apply for revalidation and upload a copy of previous payments not later than September 15, 2020. The Consulate General said all migrants who obtained a visa on arrival pre-approval letters and all categories of visas from Nigerian Missions before September 23, 2020, whose approval/visas expired before September 5, 2020, are also to apply for revalidation without making fresh payments, by uploading copies of the expired pre-approval letters/visas not later than September 15, 2020.
and displaced persons; helped countries in tackling diseases such as Ebola and extended both human and financial resources as technical aid to other countries. ''In addition, we have served on five occasions as a non-permanent member of the United Nations Security Council and contributed significantly to the promotion of international peace and security,'' he said. According to him, the international organisation has continued to play the crucial role of promoting global peace and security. Adesina said as a result of the global COVID-19 pandemic, the UN for the first time convened a gathering of world leaders in a virtual format for high-level meetings and the annual general debate. He said Buhari in his video message to the UN at 75 gathering, highlighted Nigeria’s achievements at the UN since 1960 when the country officially joined the organisation. He said Buhari also
highlighted the country’s active contributions in human, financial and material resources to several UN peacekeeping operations, among other priorities. ''For over seven decades, the United Nations has remained true to the aspirations of its founders. It continues to play a crucial role in fostering global peace and security. The organisation has grown in membership and scope to reflect contemporary global trends. ''Collectively, we have improved and saved lives as well as defended the rights of the vulnerable in adherence to the principles of the United Nations,� the president said. Buhari pointed out that nations of the world worked together to shelter refugees; foster development; invest in conflict resolution and peacekeeping, and promoted women’s and children’s rights. Buhari also spoke on decolonisation, calling on member states to abide by UN Resolution 1514 seeking
the independence of colonial countries and peoples. He said the quest to realise total decolonisation remains incomplete as long as non-selfgoverning territories continue to exist. The president recalled that beyond issues of peace and security, the UN had also played active roles in the decolonisation of many territories. According to him, ''This was achieved through the adoption of many resolutions that supported the independence and subsequent admission of over 80 territories into the Organisation. ''However, the quest to realise total decolonisation remains incomplete as long as non-selfgoverning territories continue to exist. In this regard, I call on member states to abide by UN Resolution 1514 on the granting of independence to colonial countries and peoples.’’ He added that in spite of progress made in safeguarding world peace and promoting global cooperation, the world
is still faced with complex challenges. ''Efforts to address impediments for the attainment of the 2030 Agenda for Sustainable Development were undermined by the advent of the Coronavirus pandemic which brought about unprecedented challenges that cannot be tackled by any single country or region. ''The inward-looking tendencies exhibited by member states in the wake of the pandemic have particularly revealed an urgent need for us to strengthen international cooperation, unity, and solidarity to address all negative developments including climate change, violent extremism, natural disasters, and cyber-security. ''However, as we continue to battle the pandemic and search for possible solutions, including an effective vaccine, we implore nations to adopt a global approach in addressing the global health emergency in a bid to build the future we want," he said.
LEGAL LUMINARIES... L-R: Justice Oyekan Abdullahi; Lagos State Chief Judge, Justice Kasim Alogba; and Justice Grace Onyeabor, during the celebration of the new legal year in Lagos...yesterday kolawole alli
Fuel Scarcity Looms as NARTO Embarks on Warning Strike Emmanuel Addeh in Abuja Nigerians may once again have to deal with fuel scarcity, following the decision by the Nigerian Association of Road Transport Owners (NARTO), the umbrella body of all commercial vehicles owners in Nigeria, to embark on a two-day warning strike from today. The organisation, which engages in the haulage of petroleum products, general cargoes, and movement of goods and passengers within the country and the West-African sub-region noted that, thereafter, it will issue a 10-day ultimatum for a full-blown industrial dispute. In a press briefing yesterday, NARTO said it received with shock the recent government decision to place an immediate ban on all petroleum trucks above 45,000 litre-capacity from plying Nigerian roads. National President of the group, Alhaji Yusuf Othman, told journalists that the body considered it as insensitive and unappreciative of the efforts and contributions of the NARTO
members as businessmen and investors in the very critical and sensitive distribution and supply chains of petroleum products across the country. NARTO stated that following the total collapse of petroleum products pipelines and strategic depots across the country as a result of the economic sabotage by vandals, the government in power then pleaded with private investors to assist in ameliorating the situation by ensuring that product scarcity is brought to the barest minimum. It stressed that it was in response to the call that many of its members took the initiative to invest heavily in expanding their fleet of various capacities to deliver products to all nooks and crannies of the country. It said: “Our members took loans from various commercial banks with very high interest rates and with no form of support from the government. We were doing it for the sake of the country and we all achieved the desired goal of removing scarcity of petroleum products and its attendant long queues from our streets and communities.
“It is, therefore, distressing and discouraging that when it was discovered along the line that one of the side effects of our efforts to fix the problem is the fact that our roads were not built to accommodate vehicles that carry loads in excess of 30 tonnes. “The new government now wants to impose and introduce a new policy about maximum capacity on our roads. The government is doing so without any consideration for the plights of our members and other attendant effects.� It noted that though it is not against the decision of the federal government to ban the use of truck more than 45,000 litrecapacity in the conveyance of petroleum products considering the dilapidated state of Nigerian roads, it is particularly concerned about the sudden nature of the ban. NARTO lamented that the huge investments the owners of the trucks who had run into debts incurred in executing the mandate given by the previous administration were not considered.
“This move by the government will definitely be counterproductive considering the fact that sudden withdrawal of these trucks will impact heavily and negatively on the operations of our members and the withdrawal will also create heavy gaps in the supply and distribution chains. “This is bearing in mind the fact that NARTO, being the owners of these trucks, is an integral part of the supply and distribution of petroleum products across the nation. “We wish to also remind the government to be mindful of the coming ember months that is characterised by heightened activities, thus requiring the use of such high capacity trucks to curb the scarcity. “In view of the above, we are, therefore, constrained to allow the decision of all our members to park their trucks as from tomorrow 22 to 23, September 2020, as warning. “And we furthermore, issue 10 day-ultimatum with effect from 24, September 2020 for a full-blown withdrawal of service.�
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Analysts Rule Out Interest Rate Cut, MPC Decides Today Nume Ekeghe As members of the Central Bank of Nigeria’s (CBN) Monetary Policy Committee (MPC) conclude their two-day meeting today, some economists and financial market analysts have predicted that all the monetary policy tools would be left unchanged. They, however, stressed the need for the committee to
focus on introducing policies that would encourage investments as well as help control inflationary pressure. The analysts made this prediction yesterday in separate interviews with THISDAY. At the last MPC, the committee had retained the benchmark Monetary Policy Rate (MPR) at 12.5 per cent; the cash reserves requirement was also retained at 27.5 per
AIB: Quorum Chopper Crashed without Fuel in Tanks Chinedu Eze
The Quorum Helicopter that crashed in Lagos on August 28, 2020, had no fuel in its tanks, the preliminary report by Accident Investigation Bureau (AIB) has revealed. The report indicated that there was no fuel left in the tanks of the Bell 206B 111 helicopter, which crashed at Opebi area of Ikeja in Lagos. Initial findings released by the AIB yesterday said that the helicopter with the registration number: 5N-BQW operated by Quorum Aviation Limited had 3:15 minutes endurance fuel, while the estimated flight time was 2:45hours. According to the report, rather than the 2:45hours of estimated flight time to Lagos from Port Harcourt, the aircraft crashed at 2:59hours, indicating 14 minutes behind the estimated time. Besides, it was not clear how the fuel, which ought to last for 3:15hours could be empty at 2:59hours of the flight. The report released to journalists indicated that the aircraft had no fuel jettisoning capability, thus debunking the speculations that the pilot deliberately ejected the fuel to prevent the chopper from catching fire. The report explained that the helicopter was topped to full tank capacity on August 27, 2020, stressing that after refueling, 10 minutes of engine run and 20 minutes of test flight were carried out the same day at Port Harcourt.
The report said: “The helicopter has an endurance of 3:24hours. The operational flight plan filed by the pilot indicated an endurance of 3:15hours and an estimated flight time of 2:45hours. The helicopter engine was started at 09:15hours. “The helicopter took off at 09:20hours. The helicopter crashed at 12:14hours. There was no fuel left in the fuel tanks after the crash. The mast and main rotor blades were found intact during the post-crash inspection.� The preliminary report also revealed that the pilot’s last medical examination was valid till August 6, 2020, 22 days before the crash. It added that there was no evidence to show that an application for the exemption provided by the All Operators’ Letter (AOL) DG020/20 had been submitted to the Nigerian Civil Aviation Authority (NCAA) by the 37-year-old pilot at the time of the crash. The report added that the pilot’s last Proficiency Check was valid till August 24, 2020, which was four days before the crash. Again, AIB said there was no evidence to show that an application for the exemption provided by the AOL DG018/20 had been submitted to the regulatory agency. It, however, noted that the helicopter had a valid Certificate of Airworthiness. The aircraft had crashed on August 28, 2020, with the three souls on board perishing as a result of the impact of the crash.
cent and the liquidity ratio at 30 per cent respectively. The Head of Research at United Capital, Mr. Wale Olusi, advised the MPC members to focus on bringing down inflation as well as to push for policies to drive and encourage foreign investments in order to improve forex liquidity. Olusi said: “I doubt there would be changes, but definitely, the dislocation in the system is worrying. The rising inflation rate at 13.2 per cent at the moment and the fact that it is going to be higher in September is anti-growth and is likely to deepen the recessionary tendencies. “There is no way the CBN would be able to attract foreign capital if the interest rate is at the level it is now when compared to inflation rate. We have serious economic problems with growth which contracted by six per cent at the second half of the year and we have serious issues with forex liquidity considering the fact that trade deficit
is deepening and import is twice the size of export. “So, there is no way you are going to be able to sustain your import bill if something drastic is not done about attracting foreign capital or cutting down on import.� The Chief Investment Officer, Sigma Pensions, Mr. Pabina Yinkere, said: “At the September 2020 MPC meeting, I expect the committee to leave all parameters unchanged. We observe that the focus now is on how to catalyse economic growth in the wake of COVID-19 and the resultant slump in Q2 2020 GDP numbers. “In this view, price stability may likely take the back seat as the CBN continues to pursue low interest rates and its drive to increase bank lending to the real sector of the economy. As such the MPC may be willing to sacrifice the current rising inflation for growth at this time. “Since the CBN began its use of the loan-to-deposit
ratio to encourage banks to lend, we have seen an increase in lending to various sectors of the economy, which is a welcome development, and as such expect the CBN to double-down on this and other growth-stimulating measures.� Also, the Head, Investment Research at Afrinvest, Mr. Abiodun Keripe, said the most pertinent focus should be on the forex environment. According to him, “I expect the committee to maintain status. The CBN has been using other unorthodox measures to achieve its price and financial stability objectives. I do not expect a rate cut due to the need to balance these objectives following continued inflationary pressures and forex challenges on one hand, and negative economic growth on the other. “A rate cut potentially has implications on private investment and capital mobilisation needed to support the massive domestic financing gap. The
investment climate is dealing with negative real returns with the August inflation rate at 13.2 per cent. The current inflation pressure is driven by structural challenges such as border closure, food shortages, VAT increase, and the on-going energy reforms. “Reducing the MPR does not help to resolve these issues. On the flip side, tightening would hurt the need to stimulate real sector growth via credit expansion given that the economy is running at a risk of recession already.� An investment professional, Mr. Ayodeji Ebo, also anticipated that the MPC would not adjust all its monetary policy instruments. Ebo explained: “The CBN would still maintain the status quo because since the last time they adjusted nothing significant has changed and there is a limit to what the MPC adjustment or policy can do. To that end, I feel they would still retain all parameters at the current level.�
THE GOVERNOR’S GUEST... L-R: Enugu State Governor, Hon. Ifeanyi Ugwuanyi; politician and businessman, Chief Emmanuel Iwuanyanwu; PresidentGeneral of Ohanaeze Ndigbo, Chief Nnia Nwodo; and the Obi of Onitsha, Igwe Nnaemeka Achebe, during the Igbo leaders’ courtesy visit to the governor in Enugu‌yesterday
Osinbajo: Nigeria in One of Worst Health, Economic Crises Omololu Ogunmade in Abuja Vice President Yemi Osinbajo yesterday said Nigeria was going through one of the worst health and economic crises in history and only innovative ideas could make a difference. The vice-president made the submission at a virtual conference of the Centre for Lion Gadgets and Technologies organised by the University of Nigeria, Nsukka with the theme: “Technological Innovation for Holistic Sustainable
Development.� He said Nigeria in a search of recovery must deploy a method it never saw and used to fight the battle. "We are in one of the worst health and economic crises in living memory and our recovery must be innovative – we must employ never-before-seen methods to fight the never-before-seen plethora of issues before," he said. According to him, Nigeria must also deploy technology and innovation that are similar to what is obtainable in advanced countries to
contend against attendant challenges. A statement by the vicepresident's spokesman, Mr. Laolu Akande, who said the event also featured a virtual interaction between his principal and students from both the university and secondary school on UNN campus, said Osinbajo insisted that deployment of technology is key to recovery. He said Nigeria's hope lay in the ability of young ones to think out of the box. "Whether we are discussing the delivery of social services to vulnerable
communities and promoting financial inclusion or we are talking about boosting agricultural productivity and promoting the security of our communities, how we harness technology is crucial. “The future will be decided in groups such as yours, where young Nigerians are actively thinking about how to deploy technology in creative ways for problemsolving,� he added. Osinbajo said the needed innovative ideas must be deployed in an inclusive and accessible manner and all Nigerians including the
poor and the vulnerable must be involved. “In thinking about solutions to our developmental issues, we are expected to be both creative, relevant, and ingenious, which is what innovation is all about. "But we must also be faithful stewards of our environment, we must be inclusive, innovation must be accessible to all especially the poor and vulnerable. “So, innovating for sustainable development involves creating environmentally friendly low cost and contextually relevant
technological solutions to our most pressing challenges,� he said. Akande said earlier in his remark, the Vice-Chancellor of the University of Nigeria Nsukka, Prof. Charles Igwe, said the university had, over the years, prioritised the deployment of technology in achieving Sustainable Development Goals (SDGs). It listed other participants at the conference to include former Governor of Anambra State, Mr. Peter Obi, Catholic Bishop of Awka Diocese, the Most Rev. Paulinus Eze Okafor, among others.
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petrol to make it cheaper for
Nigerians to buy below the cost price,� Kyari said “This subsidy is designed to assist Nigerians, that is the intention. But in reality, the masses are not the beneficiaries. First, the masses are not the owners of the exotic cars, buying fuel, owning the filling stations, and doing the oil business. “This subsidy that the government has been paying over the years is the root of all the atrocities and fraud committed in this country. “For example, if you look at it from 2006 till 2020, we have spent over N10 trillion on fuel subsidy. Apart from that, there is also subsidy on foreign currencies, everybody knows how much is dollar in the market, but the government is also subsidising it. So, this and the fuel subsidy, within this period, have gulped between N14 trillion and N15 trillion.
“It was not the masses of Nigeria that were enjoying this subsidy, except some members of a market cabal, who are rich and powerful. They were enriching themselves with the subsidy money at the detriment of the masses who were the primary target.� Kyari explained that the money from subsidy payments can be channelled to other areas of development. “From this money, Nigeria has been able to pay workers’ salaries without retrenching despite the effects of the COVID-19 on the global economy,� he said. “In the whole of West Africa, it is only Nigeria that didn’t retrench workers as a result of the pandemic. Apart from that, part of the money will be used to support farmers and other business owners.�
FG Spent N8.9tn on
Fuel Subsidy in Nine Years, Says PPPRA In a related development, the federal government spent a whopping N8.942 trillion in subsidising petroleum products between 2006 and 2015, figures from the PPPRA, indicated yesterday. The figures obtained by THISDAY showed that there was a steady increase of subsidy between the years under consideration from N257.36 billion in 2006 to N2.1 trillion in 2011 before it declined to N653.51 billion in 2015. The agency noted that for 2007, the payment to marketers was N271.51 billion, 2008 , it was N630.57 billion, 2009, it was N469.31 billion while for 2010, it rose to N667.08 billion. In the same vein, 2012 saw the government spent N1.354 trillion, for 2012, it was N1.315
trillion, while for 2014 it was N1.217 trillion. Earlier this month, the federal government foreclosed reinstating the fuel subsidy regime as outrage grew over the hike in the ex-depot price of petrol that jacked up the pump price from between N145 and N148 per litre to N158-N162 band. It defended the fuel subsidy removal, saying it constituted a drain on the country’s meagre resources. Under the fuel subsidy system, the commodity is retailed at a price lower than the landing cost with the federal government paying the differential, which runs into billions and trillions of naira. In place of the subsidy, the government explained that henceforth prices of the product would be determined by the vagaries of the international crude oil market, stressing
that incurring further costs on under-recovery has now been stopped permanently. Meanwhile, NNPC has reaffirmed its commitment to the pursuit of a 35 per cent women inclusion in its workforce. A press statement by the corporation’s spokesman, Dr. Kennie Obateru, yesterday noted that Kyari, made the commitment when the executive chairman of the Federal Character Commission (FCC), Dr. Muheeba Dankaka, visited him in Abuja. Kyari stated that the national oil company, as a responsible corporate entity, has always provided a level playing field for all, thereby granting equal employment opportunity to Nigerians from all classes and backgrounds. “On the issues around inclusion and physically challenged, as a matter of fact, today in our employment we have people in wheelchairs,
the blind and other physically challenged. "We are one of the institutions of government with the highest number of women in management,� the GMD stated. Kyari said that contrary to "false claims" in some quarters, each geopolitical zone of the country is represented at the top management of NNPC, stressing that there is fair play in the corporation’s appointments. He said NNPC would continue to work towards achieving the government’s 35 per cent affirmative action of women in public service. He said NNPC would continue to comply with the rules and regulations of the commission on recruitment. The statement noted that the FCC leadership applauded the corporation for ensuring a high level of gender balance in management positions in the corporation.
governments, Buhari allowed the will of the people to prevail in the election. “We’d have loved to win. Quite frankly, I was optimistic up to three weeks ago because there was an indication that we were going to win. I don’t know what happened in the last two, three weeks of the campaign. As you know, a large number of voters make up their minds in the last two weeks of the election, many voters decide no matter what happens, this is how I’m voting,� el-Rufai said.
The former president noted: “No doubt, that the outcome of the elections that have taken place so far broadly reflects the choice of the Nigerians who have, by their conduct, visibly demonstrated that they value our present democracy and will do their utmost to make it work. “I urge you, therefore, to reciprocate their trust by doing everything you can to strengthen their faith in democracy and in its ability to bring about improved material conditions and better service delivery. “I also count on your support of well-meaning Nigerians like me in our quest for national peace, stability and economic development and trust that you will play an active and visible role in our pursuit of these noble and desirable objectives.�
said that it deployed over 300 personnel to monitor the poll, noting that the electoral processes were operated smoothly and that most of the security agents acted professionally in discharging their functions. While addressing a press conference in Abuja yesterday, the Convener of Nigeria Civil Society Situation Room, Mr. Clement Nwankwo, said the election was a marked improvement from the past ones in virtually every aspect. "The administration of the Edo State governorship election appears to have been a marked improvement on the recent previous governorship elections. INEC’s processes appeared to operate smoothly," he said, adding: "Logistics issues of distribution of materials, deployment of staff and challenges in the voters’ register were significantly reduced. In addition, security personnel acted professionally.� However, Nwankwo said there were some incidents of violence and acts of vote-buying during the election.
APC, OBASANJO CONGRATULATE OBASEKI meeting with the president along with Kano State Governor, Dr. Abdullahi Ganduje. Obaseki had emerged winner of the contest in which APC’s Pastor Osagie Ize-Iyamu was the main challenger. The contest which proved analysts wrong as it was peaceful was yesterday adjudged fair and credible by the coalition of Independent National Electoral Commission (INEC)-accredited Civil Society and other Domestic Election Observers. Giving its assessment of the election in Benin City, the spokesman of the coalition, Mr. Victor Kalu, said: “INEC meticulously followed its timetable and schedule of activities for the conduct of Edo State Governorship election 2020 to conclusion. "We noted with satisfaction that INEC was resolute, prepared, and committed to conducting a credible, free, and fair governorship election in Edo State, by providing a level- playing ground for all the participated political parties in the state and for ensuring timely and even distribution of election materials across the polling units in the state for timely commencement of the election." The group commended INEC for its uncompromising position and strict compliance with the use of the Smart Card Reader, adding that the device proved to be very effective during the election. It expressed happiness that the perceived tension and fear
of violence during the poll did not materialise, praising the law enforcement agents for being duty conscious and for performing their jobs dispassionately. The coalition recommended that for better future elections, strict security check and possible scanning of voters’ card before entering polling units because of the presence of people who had no business at the polling units being mobilised to go there. The coalition thanked the president for not interfering in the election and remaining true to his words of ensuring a credible and transparent election. However, a member of the National Caretaker Committee of the APC, representing the youths, Mr. Ismail Ahmed, has said that the party would not take the October 10 governorship election in Ondo State for granted. He also revealed that the ruling party would carry out a post mortem on the Edo election to ascertain the factors that led to the defeat of the party. Ahmed stated this yesterday while fielding questions from journalists after the meeting between the party and its social media influencers held at the party's secretariat in Abuja. He said it was very disheartening that for the first time since 2015, the party does not have a single representation in the South-south in terms of a state. Ahmed stressed that the APC had representation in all the geo-political zones since 2015, but it has lost it now, adding
that the party would have to work hard to regain it. Commenting on Edo State election, he stated: "Are you calling that performance dismal? Remember we ran against an incumbent governor and everybody knows the history of Edo governorship primary and there were a lot of circumstances we could not explain. "We thought we had covered the ground fully well but there was a blind side we didn't see. But the party has not officially done a post-mortem which we intend to do this week. The National Assembly is very busy, we are going to call a post-mortem to know how far and how we found ourselves in this kind of situation.�
Buhari Has Never Used Federal Might to Rig Elections, Says el-Rufai Meanwhile, the Governor of Kaduna State, Malam Nasir el-Rufai, has declared that Buhari has never abused the concept of federal might. The governor made the statement on a live television programme yesterday while commenting on the Edo State governorship election. He said he was optimistic that the APC would win the election. According to him, indications pointed out that the ruling party would emerge successful until three weeks to the poll. He said unlike past
Be Magnanimous in Victory, Obasanjo Urges Obaseki In a related development, former President Olusegun Obasanjo has congratulated Obaseki and urged him to be magnanimous in victory in the wider interest of the state and country. Obasanjo said the success recorded by Obaseki was an attestation that the people of the state valued his leadership and appreciated the efforts made thus far on their behalf. The elder statesman, in a statement issued yesterday by his media aide, Mr. Kehinde Akinyemi, urged the governor to use his second tenure to deepen the people’s faith in democracy and improve their living standards. “I salute you and all those who worked for your re-election,� Obasanjo said in a congratulatory letter.
Enforcement of Electoral Offences Law Still Weak, Situation Room Insists But despite improvements in the electoral process recorded during the Edo State governorship election, Situation Room has insisted that the inability of the INEC and security agents to deal decisively with electoral offences were still very evident. It noted that incidents of violence, vote-buying, intimidation and harassment of voters and election observers were still recorded during the Edo election even though not on a large scale. The group in its interim report
BUHARI SUES FOR PEACE IN KADUNA, SAYS LET’S LIVE AS BROTHERS, SISTERS energies
are collectively channelled towards building as against the destruction of lives and property. He commended the government of Kaduna State for positioning itself as one of the investment destinations in Nigeria. He described the economic initiative as an affirmation of the ranking of the state as number one in Ease of Doing Business by the World Bank’s Doing Business Report 2018 and asked the state to sustain the status. “We must live together as brothers and sisters because without peace, development cannot take place,’’ the president noted. The president said he was impressed by Kaduna's ability to use KADInvest platform to showcase its investment potentials, noting that the state has increased its revenue from N13 billion to N44 billion. Buhari also observed that the success of state governments in attracting investments, creating jobs and increasing their internally generated revenues would be critical to the development of the entire country.
He said: “I am impressed that the Kaduna State Government has from inception used KADInvest as a serious platform for showcasing its investment potential. "The state’s commitment to consistent implementation of the Ease of Doing Business Charter is exemplary, including its ability to increase its Internally Generated Revenue to N44bn in 2019 from N13bn in 2015 without hiking tax rates. This is very laudable.’’ Buhari commended Kaduna State Government for making KADInvest a regular fixture on the investment calendar, held annually since 2016. He also acknowledged the state's resolute decision to host this year's economic summit despite the disruptions of economic activities by COVID-19. The president recalled how he had commissioned notable companies in the state in the past and various investments. “It was my pleasure to commission the Olam Hatchery and Feed Mill project in 2017, about 18 months after the ground-breaking was done at the first edition of KADInvest in 2016. It is commendable that
investors like Tomato Jos are creating jobs in the agribusiness sector, taking advantage of Kaduna State’s prioritisation of agriculture. “I also note with delight the success of new investments in renewable energy like Blue Camel and tractor assembly and the revitalisation of poultry farms across the state. "The ongoing development of iron mining and steel processing capacity in the state through investments by African Natural Resources and Mines Limited is especially commendable," he said. Buhari pledged federal government's continued support for efforts meant to attract investments with the capacity for job creation. He added that much could be done to boost human capital development and expand the frontiers of economic development. He also said he was confident that Kaduna would explore federal government's investment platforms such as the Ajaokuta-Kaduna-Kano gas pipeline project. He sought the state's cooperation with the federal
government on the project as well as the Abuja-Kaduna-ZariaKano Highway. “We believe that much can be done at the sub-national level to drive human capital development and expand economic opportunity. I note with delight the massive investments in infrastructure upgrade Kaduna State is executing through the urban renewal programmes in Kaduna, Kafanchan and Zaria. “Given the track record since 2015, I have no doubt that the Kaduna State Government and its private sector partners will take full advantage of the economic windows that are being opened by federal government investments such as the Ajaokuta-Kaduna-Kano gas pipeline. “The state government should afford full cooperation and support to cross-border federal projects such as the AjaokutaKaduna-Kano pipeline and the Abuja-Kaduna-Zaria-Kano Highway,’’ he submitted. In his address, the Kaduna State Governor, Mallam Nasir el-Rufai, said the state has attracted more than $800 million of local and foreign investments
since 2016. He also said the state had investment announcements of over $2.1 billion in 2020, far ahead of Lagos State and any other state in the country. “We want to make Kaduna the state of choice for an investment choice. We have been able to facilitate these investments by the creation of a one-stop-shop called the Kaduna Investment Promotion Agency chaired by the deputy governor, with His Royal Highness, the former Emir of Kano, Sanusi Lamido Sanusi, as the Vice-Chairman, and our commissioners as members, to operationalise and ensure the implementation of our Ease of Doing Business Charter,� the governor said. He recalled that in 2014, Kaduna was ranked by the World Bank as the 24th state, out of 36 states and the FCT, in the Ease of Doing Business metric, noting that “by 2018, we had become number one.� He said the summit was designed to showcase the progress of Kaduna State and its potentials on an annual basis to attract investors. Continued on page 36
Ganduje, Buni Meet Buhari to Review Edo Poll Meanwhile, Buni and Ganduje yesterday met with Buhari behind closed doors reportedly over the Edo election. After the meeting, the governors left the president’s office through another route obviously to avoid answering questions from State House reporters who were eagerly waiting to ask for their mission in the Presidential Villa.
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TUESDAY SEPTEMBER 22, 2020 ˾ T H I S D AY
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NEWS
Buratai Mourns as Boko Haram Kills Colonel Kingsley Nwezeh in Abuja The Chief of Army Staff, Lt. Gen. Tukur Buratai has expressed his condolences to the family of the late Colonel Dahiru Bako, who was killed by Boko Haram in an ambush.
The Nigerian Army yesterday announced the death of the war commander, who was killed near Damboa in Borno State. An Army statement said the late commander led a patrol to clear Boko Haram terrorists from Sabon Gari-Wajiroko axis near
Nigeria’s COVID-19 Cases Rise By 195 to 57,437 Martins Ifijeh Nigeria has recorded 195 new cases of COVID-19, bringing to 57,437 the number of confirmed cases in the country. Announcing this yesterday, the Nigeria Centre for Disease Control (NCDC) said Enugu recorded 51 new cases; Gombe, 40; Lagos, 39; Plateau,
Damboa when his patrol team was ambushed by Boko Haram. It said the senior officer, who was wounded in action later died at a military facility where he was receiving treatment. The statement signed by Deputy Director, Army Public Relations, 7 Division Nigerian Army, Col. Ado Isa, said the Chief of Army Staff, Buratai has expressed his condolences to the family of the
fallen officer. “Operation Lafiya Dole wishes to intimate the general public of the demise of one of our gallant and finest war heroes, Col. DC Bako. “It could be recalled that the professional, gallant senior officer, who always led from the front and a patriotic Nigerian, led a patrol to clear Boko Haram terrorits from Sabon Gari-Wajiroko axis
near Damboa when his patrol team entered an ambush at about 10 a.m on Sunday, September 20, 2020”, it said. The Nigerian Army statement said “under his able leadership, the troops cleared the ambush resulting to the killing of scores of terrorists and recovery of weapons and equipment. “Sadly however, he was wounded in action and
immediately evacuated by the Air Task Force Operation Lafiya Dole to the 7 Division Hospital at Maimalari Cantonment. “The late senior officer was recuperating well after successful operation at the hospital, in good spirit and also said his prayers in the early hours of this morning before his sad passing on at the hospital. May Almighty Allah grant his soul eternal rest. Amen”.
23; Federal Capital Territory (FCT), 15; Rivers, 12; Kaduna, eight; Ondo, three; Bauchi, two; while Edo and Ogun recorded one each. It said: “Nigeria has so far recorded 57,437 cases of COVID-19. 48,674 patients have been discharged, while 1,100 persons have died.”
FG: Nigeria Witnessing Drop in COVID-19 Infections Onyebuchi Ezigbo in Abuja The federal government has said that the country is presently witnessing daily reduction in the number of COVID-19 infections as well as fatalities. It also said that following the distribution of oxygen concentrators and ventilators to various health institutions, the ministry of health has commenced the training of about 176 intensive care specialists, and biomedical engineers, who will use or maintain them in the hospitals. The Minister of Health, Dr. Osagie Ehanire who stated this in Abuja yesterday at the press briefing by the Presidential Taskforce (PTF) on COVID-19, explained that both the supply of the oxygen ventilators and training are being provided by the United States Government. While giving update on the efforts to control the infection, Ehanire said that recent test
results showed downward trend in the numbers of positive cases as well as fatalities in the country. He said: “The daily figures of the past few days seem to show a downward trend in numbers of COVID-19 cases as well as fatalities, but we unfortunately cannot afford to rejoice or speak of success, for many reasons”. The minister however cautioned that the country cannot afford to be complacent as international news media reports have shown scenes of upsurge in cases, called the second wave in several high-income countries, many of which had been thought to have defeated the virus. “This is a situation we must endeavor to avoid, and for that, all steps must be taken. “It is important for us to generate national and international confidence in our data by conducting more targetted testing before we draw conclusions.
UK Appoints Damilola Ogunbiyi Co-chair of UK Energy Council The United Kingdom has appointed Damilola Ogunbiyi of Nigeria as a co-chair of the UN Climate Change Conference’s (COP26) Energy Transition Council as the country kicks off Climate Week 2020. The UK CoP President, Alok Sharma will chair the council alongside Ogunbiyi, the UN Secretary-General’s Special Representative for Sustainable Energy for All. Sharma made the announcement yesterday while speaking at a special event, alongside political and industry leaders about the next decade of clean energy co-operation. Prior to her appointment by the UN Secretary-General, António Guterres, in October 2019, Ogunbiyi held various leadership positions in organisations focused on expanding energy access in sub-Saharan Africa. In June 2020, the United States International Development Finance Corporation Board of Directors named her among the first members of the agency’s inaugural
Development Advisory Council. Sharma also announced that Ford and Facebook had joined the campaign to reach net-zero carbon emissions. He said major companies such as the US carmaker and the social networking giant would join the Race to Zero campaign to accelerate net-zero carbon emission commitments. This comes after the UK Government announced a new £50 million investment in a new Clean Energy Innovation Facility. This will help developing countries get easier access to innovative clean energy technologies, focusing on key sectors such as industry, cooling, smart energy and storage. Ogunbiyi said: “We cannot achieve the promise of the Paris Agreement or Sustainable Development Goal 7 - access to affordable, reliable, sustainable and modern energy for all - without a clean energy transition that leaves no one behind.”
SIXTY HEARTY CHEERS...
National Leader of All Progressives Congress (APC), Senator Bola Tinubu (left), and his wife/Senator representing Lagos Central senatorial district, Mrs. Oluremi Tinubu, cutting her 60th birthday cake at their Bourdillon, Ikoyi residence in Lagos...yesterday
FG Mulls Closure of COVID-19 Isolation Centres OlawaleAjimotokaninAbuja The federal government has said it is considering the closure of some COVID-19 isolation centres in the country. The Chairman Presidential Task Force (PTF) on COVID-19, Mr. Boss Mustapha dropped the hint yesterday in Abuja at the briefing by the task force. Mustapha premised the planned shutdown of some of the facilities on
the fact that no confirmed cases were being reported from those places. He added that the pandemic had refused to abate in spite of the substantial amounts of money that had been thrown into tackling it in the past seven months. ‘’So much investments running into trillions have been sunk into tackling coronavirus, not only in Nigeria, but all over the world, in the past seven months but the virus has refused to abate. We are
also thinking of closing some bed facilities and certain isolation centres because there are no confirmed cases that are coming from those places,’’ Mustapha said. He said the federal government has approved N1 billion each for 34 states of the federation, except Lagos and Ogun towards the national response for COVID-19. He, however, said the funds can only be assessed on the conditions set by the federal government.
The PTF Chairman, who assured that the task force will continue to work with partners from the private sectors, to finetune protocols for international travellers, especially those arriving the country, said the PTF met with the EU Ambassadors last Friday to discuss the ban on flights. He described the conversation as very robust with promises to deepen collaboration between the EU and Nigeria.
Shake-up as Navy Redeploys 11 Admirals, 14 Commodores Kingsley Nwezeh in Abuja The Chief of the Naval Staff, Vice Admiral Ibok-Ete Ibas, yesterday approved new postings of some senior officers in the Nigerian Navy. The reorganisation affected 11 rear admirals and 14 commodores. A statement issued by the Nigerian Navy Headquarters said Rear Admiral Matthew Emuekpere is the new Chief of Policy and Plans,
Naval Headquarters. Emuekpere was the former Chief of Naval Transformation at the Naval Headquarters. Rear Admiral Tanko Dakwat, Chief of Naval Safety and Standards, Naval Headquarters, was reappointed to Naval Headquarters as Chief of Administration. The former Director of Plans, Naval Headquarters, Rear Admiral Christian Ezekobe, is now the new
Chief of Naval Transformation, Naval Headquarters, while Rear Admiral Kamarudeen Lawal, who was the Director of Research and Development, Naval Headquarters, was reappointed to Naval Headquarters as Chief of Naval Safety and Standards. The statement signed by the Director of Information, Nigerian Navy, Commodore Suleman Dahun on behalf of
the CNS, said Rear Admiral Dolapo Kolawole, who was the immediate past Director of Training, Defence Headquarters, was reappointed to Defence Headquarters as Director of Development while Rear Admiral Jatau Luka, formerly Director of Administration, Naval Headquarters Abuja, moves to Defence Intelligence Agency as Director of Logistics.
Akufo-Addo Expresses Concern over Al-Qaeda, Boko Haram’s Activities The President of Ghana and Chairperson of the ECOWAS Authority, Nana Akufo-Addo, has expressed deep concern over the activities of Al-Qaeda and the Boko Haram sect in the Lake Chad Basin. Akufi-Addo who was recently elected as the ECOWAS Authority chairperson at the 57th Summit of the regional body in Niamey said the insurgents were taking advantage of the poverty situation
within member states in the recruitment and indoctrination of the youths in the region. The Ghanaian President who spoke during a working visit to the ECOWAS Commission in Abuja yesterday, therefore, called for a strong regional approach to contain the growing threats of terrorist and extremist activities. He said the growing numbers of breakaway terror groups, and the
spread of ethnolinguistic groups are a source of concern. He also expressed concern over the porous nature of the borders and the vulnerabilities of the ECOWAS member states. Akufo-Addo however said the region had reached had agreed to a $1billion budget for the financing of activities in the action plan to contain terrorism. He said, “Following the
summit, a 2020 to 2024 Plan of Action was adopted by the 56th ordinary session of the Authority of Heads of State and Government in December 2019. “To this end, $1billion was programmed for the financing of activities in the Action Plan. We have to intensify our efforts to ensure that the plan of action is well-financed with a view to ridding our community of terrorism.”
Three Killed, Residents Flee as Soldiers Allegedly Raid Rivers Communities Three persons were feared dead, while two others were injured during an alleged joint security operation in some communities in Andoni Local Government Area of Rivers State on Sunday. The joint security raid comprised the police, the military
and members of a local security outfit, the Andoni Security Peace and Advisory Council. They were said to have taken the communities by storm in gunboats while residents were preparing for church service. Some witnesses said the
security team was in search of some youths involved in alleged criminal activities. The Andoni communities raided were Ajakajak, Ibot-Irem, Samanga, Dema, Oturia, and Otuafu. President General of the
Obolo Youths Coalition, Ijaonama Mkpon Amon, confirmed that three persons who died in the raid were from his community, Ajakajak, while two others sustained life-threatening injuries in the Ibot-Irem community.
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Govt Has No Business Running Refinery, Says Osinbajo The Vice President, Prof Yemi Osinbajo, yesterday reaffirmed that the federal government has no business running refineries in the country. He spoke at a virtual meeting organised for the All Progressives Congress (APC) Social Media bloggers and influencers at the ruling party’s secretariat in Abuja. The Vice President said the government will rather bank on private investors in refineries, adding that the government will
encourage investors to take advantage of the new policy. The Vice President noted that the challenges facing the government-owned refineries will persist if left in the hands of the government, stressing that the government will continue to explore cheaper gas resources as an alternative. Expressing confidence that the energy crisis in the country will improve by the first quarter of next year when most of the
modular refineries would have come on stream. He said, “If the refinery is left in the hands of the government, it will continue to experience the same problem it is experiencing now. I do not think that it is the business of the government to run the refinery. It should be the business of the private sector,
which is why we are trying to focus on assisting the private sector to develop modular refineries. “There is a 100,000 barrels per day capacity refinery about to come on stream and we hope it will by the next year. It is completely private and closely located near the Port Harcourt refinery so that it can share the
facilities of the Port Harcourt refinery. We are hopeful it will come on stream in the first quarter of next year. “There are also six modular refineries that are almost ready. There is a Niger Delta Petroleum refinery in Delta state, there is another one in Imo, there is also another modular refinery in Edo
State. “We engaged the oil-producing communities to find a new vision for the Niger Delta and we tried to encourage modular refinery that will give the people in the oil-producing states a stake so that the modular refinery is not just private but the people there have some stake and equity.”
Nigeria at 60: Alapomu Chairs Panel for Osun Essay Competition The Alapomu of Apomuland, His Royal Majesty, Oba Kayode Adenekan Afolabi, Atoyebi II, has been nominated to chair the panel of judges that will determine the winners for the essay Competition organised by the Osun State Government through the Ministry of Regional Integration and Special Duties to commemorate the diamond jubilee anniversary of Nigeria. Oba Afolabi will lead other distinguished Nigerians like an editor with Nigerian Tribune, Dr. Lasisi Olagunju; Dr. Temitope Akintunde, and
Dr. Folorunso Oladapo, both educationists. While Akintunde is the Head of Department of Economics in Osun State University, Oladapo is the Director of General Education Studies at the Adeleke University, Ede. Bayo Adeyinka who is an author, public speaker and seasoned banker is also on the panel. The essay competition is organised for Osun State indigenes in tertiary institutions across Nigeria. Submission will close on September 25, 2020.
Okunbo Congratulates Edo People, Obaseki Business mogul, Captain Hosa Wells Okunbo, has congratulated the people of Edo State for “taking their civic responsibility with a sense of urgency and trooping out to expressed themselves” during last Saturday’s governorship election in the state. He also congratulated the governor and candidate of the Peoples Democratic Party (PDP) in Saturday’s governorship election in the state, Mr. Godwin Obaseki, on his re-election. In a statement personally signed by Okunbo yesterday, the businessman and one of the major supporters of the candidate of the ruling All Progressives Congress (APC), Pastor Osagie Ize-Iyamu, said it was incumbent on him as a protagonist for Ize-Iyamu to issue the statement in his personal capacity as he had done at various times during the campaign. He said the two candidates
presented their manifestoes to the great people of Edo State and he expressed satisfaction that the election had been free, fair and peaceful. “The people have spoken in no uncertain terms,” Okunbo declared; praying that the next four years should take the state to the promised land. “As a loyal citizen of the Federal Republic of Nigeria and an indigene of Edo State, I urge all of the people at home and abroad to join hands with the governor to build a vibrant democracy and also build a vibrant economy where the youths can find gainful employment in an atmosphere of peace and security,” Okunbo stated. He, however, lamented the attack on his person during the electioneering, adding that he witnessed the most orchestrated attacks on his person where he “had to be continuously be in defence because of my beliefs.”
FG Inaugurates Committee on Commercialisation of Nigeria Film Corporation Olawale Ajimotokan in Abuja The federal government has inaugurated the Steering Committee on the Commercialisation of the Nigeria Film Corporation (NFC). The Minister of Information and Culture, Alhaji Lai Mohammed, who inaugurated the committee yesterday said the country’s film industry has the potential to make Nigeria the entertainment capital of Africa, adding that the federal government is now set to reposition the NFC for effective service delivery. “What we are doing today is to simply reposition the NFC in
a manner that will enable it to play the role statutorily assigned to it,” he said. The minister stressed the need to reposition the film industry and provide the necessary enablement for the industry to thrive, adding that as the driver of entertainment, the industry has also brought fame to the country. He decried the lack of critical infrastructure to drive the film industry in Nigeria, saying for example, Nigeria has only 142 cinema houses compared to South Africa with 782 cinemas; United States of America, 40,393; India, 11,209, and China with 50,976 cinema houses.
ALIGNING WITH FEDERAL CHARACTER...
Group Managing Director of Nigerian National Petroleum Corporation (NNPC), Mallam Mele Kyari (left), and the Chairman of the Federal Character Commission (FCC), Dr. Muheeba Farida Dankaka, during a courtesy visit by the management of NNPC to the commission in Abuja... yesterday
Bello Sacks Kogi Revenue Service Management Team Ibrahim Oyewale in Lokoja The Kogi State Governor, Alhaji Yahaya Bello, has sacked the entire staff of the Kogi State Internal Revenue Service. The sacking followed failure of the agency to meet its revenue target, said to be N1billion monthly. The Commissioner for Information and Communication, Mr. Kingsley Fanwo, confirmed the sacking in a statement, adding that the Commissioner for
Finance, Mukadam Idris, had been appointed to head the Interim Management Committee set up to oversee the agency. Fanwo insisted that the sacking was predicated on “violation of corporate governance in the service,” saying the state government had to act to save the service from further violations. He added, “The governor is conscious of things that have to do with excellent corporate governance, transparency and accountability.
“The 2019 Audited Financial Report of the service shows that there were infractions and the governor had to take a decision to ensure the service is repositioned. “In the place of the Management, the governor has appointed an Interim Management Committee to oversee the daily affairs of the service. “The newly appointed Interim Management Committee (IMC) is to be chaired by the Commissioner for Finance,
Budget and Economic Planning, Mukadam Idris. Other members of the IMC are the State Attorney General and Commissioner of Justice, Mr. Ibrahim Sani Mohammed (SAN); the Auditor General of the State, Alhaji Yakubu Okala; and the Auditor General for Local Governments, Alh. Usman Ododo, while the Accountant General of the State, Alhaji Momoh Jibrin is to serve as the secretary.
Boboski’s Gang Members Get 14-day Ultimatum to Surrender Weapons The Police in Rivers State have issued a two-week ultimatum to all gang members of the late kidnapper and armed robber, Honest Diigbara, popularly known as Boboski, to surrender their weapons. The police also urged friends and associates of the late notorious gang leader in the ogoni axis of the state to report to the nearest
police station. The Divisional Police Officer (DPO) of Bori, Khana Local Government Area, Bako Amgbashim, and his Kpor, Gokana LGA counterpart, Bleise Etete, gave the order during a town hall meeting with the people of Nweol in Gokana LGA of the state. Similarly, the police also
handed a 24-hour ultimatum to two notorious cultists, Alex Anange and Lawrence Naawin, to report to the office of the DPO in Kpor or risk being declared wanted. “We are committed to ending cultism and all forms of criminality in Ogoni. All those who are members of Boboski’s gang and his friends have been warned.
“We will come after you because there is no hiding place for the wicked. Let them surrender their arms within the 14-day window or face the full wrath of the law,” Amgbashim stated. The police boss also warned the people of Nweol community to refrain from accommodating unknown persons.
Obaseki Hails Edo Electorate, Promises to Work for the People The Edo State Governor and governor-elect, Mr. Godwin Obaseki, yesterday, hailed the people of the state for ensuring his victory at Saturday’s governorship election in the state, noting that his re-election has put a final end to godfatherism and ensured that ‘the lions and tigers’ are permanently caged in the zoo. Obaseki said this while speaking to party supporters at the Museum Ground, Kings square in Benin City
after a victory roadshow across various streets in the metropolis. The governor assured the people of the state that his government would continue to pursue programmes, policies and reforms to better the lives of the people. Obaseki said: “The message of Saturday’s governorship election for this government to go and work for Edo people. It is clear and Edo people have spoken in clear words that we should
work for them and transform the state. “You have helped me cage the lions and tigers in the state. You will never see them again in Edo State because they are all in the zoo now where they belong. Today, I promise you that we will work for Edo people because no one will hinder us from delivering the dividends of democracy to Edo people.
“I will collaborate with my brother and deputy governor, Philip Shaibu to work for Edo people. I thank everyone residing in Edo State; you have spoken and we have heard you and are ready to work for you. “The next four years in the state will be the one that all citizens will live to remember as we will consolidate on our developmental achievement in the state. Thank you all.”
Next Ohanaeze Leader Must Confront Security Challenges in Igboland, IWA Insists Fred Ojeh Igbo group in the diaspora, the Igbo World Assembly (IWA), at the weekend stated that any potential candidate for the next president of Ohanaeze Ndigbo must be ready to confront security challenges in Igbo land. The group in a virtual world press conference jointly addressed by its Chairman, Dr. Nwachukwu Anakwenze; Vice Chairman, Christian Onuorah, and Secretary-
General, Oliver Nwankwor, at the weekend, appealed to the Igbo people to elect a credible leader that would protect the Igbo people and project their agenda. IWA, therefore, appealed to have the timetable for the election beforehand, adding that Imeobi meeting should be summoned for direction regarding the election, adding that: “This will enable the Diasporas to plan the attendance to the election. To be globally competitive,
IWA stated that the new Ohanaeze president-general should establish strong working relationship with Ndigbo in the diaspora through the already established ‘Ohanaeze Ndigbo in Diaspora’. The group further advised that Ohanaeze’s constitutional stipulation for the election process should be followed and fully complied with. It listed the conditions for the potential president of the apex Igbo socio-cultural organisation to include: “Experience of good
working relationship with other regional powers, relationship with other major Igbo groups, ability to unite or bring to the table all the important Igbo groups and our neighboring brothers and sister states, ability to assemble the business community within and outside Igbo land and for the development of Igbo land; ability to reach out to women and youths, ability to establish financial independence for Ohanaeze Ndigbo, among others.
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COMMENT
Editor, Editorial Page PETER ISHAKA Email peter.ishaka@thisdaylive.com
GOVERNANCE: THE LEGISLATIVE PERSPECTIVE Ahmad Lawan has worked remarkably for his people, writes Hassan A. Nguru
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merican political scene is always full of notable and frequent scolding of the congress and its members. Renowned writer Mark Twain bequeathed so many unpalatable quotes about the congress in the late 1800’s. Though the US Congress was founded 231 years ago, within the US system of governance, the Congress still receives more scrutiny and more scolding. There are so many reasons why - all over the democratic world, the legislature is perhaps the most open and most accessible to the people and that is clearly the reason why the scrutiny is more intense. Since Nigeria’s return to democracy, no arm of government receives as frequent bashing as the legislature. Often, with fury, some even say the country can do without the legislature. Of course, some of the criticisms have merit. But clearly, the open nature of the legislature through legislative sittings, public hearings and oversight visits, people know more about what is going on in the legislature compared to other arms of government. Just like in the US so it is in Nigeria, the legislature appears to be the ‘fall guy’ of governance. Some may say, although public fury at legislators in both the US and Nigeria is almost at equal scale, but an average US Congress man is more productive than his Nigerian counterpart. This line of argument can be right and wrong. In the first place, how can a lawmaker’s performance be appraised? What will be the yardsticks? In finding answers to these questions Hegel comes in handy, in terms of “rational objectivity about reality.� Simply put, there is a context. What worked as good performance of a lawmaker in the US Congress may not be relevant in Nigeria; though both countries run the same presidential system of government. Some assess lawmakers based on the number of bills they sponsored. Good as it is, but the lawmaker is much more than the number of bills he sponsored - because of the context. The reality a senator faces in the US is not the same as the reality a senator faces in Nigeria. In the US attending wedding ceremonies, naming ceremonies and turbaning ceremonies are not part of the yardsticks a voter uses to determine whether a lawmaker is good or bad. In Nigeria because of the context, it is not the number of bills that matter, it is the impact on people’s lives that makes a good legislature. The senator representing my Yobe north senatorial zone; comprising Bade, Karasuwa, Nguru, Jakusko, Machina and Yusufari has been at the National Assembly since 1999 - and is currently President of the Senate. He sponsored dozens of high-impact bills and motions. But at home people hardly mention these legislative achievements. People always attribute his being a good lawmaker and voting for him again and again because of projects he attracted to their communities. At home Senator Ahmad Lawan is considered a good representative of his people because he helped in securing employment for youths from across the six local govern-
AT HOME SENATOR AHMAD LAWAN IS CONSIDERED A GOOD REPRESENTATIVE OF HIS PEOPLE BECAUSE HE HELPED IN SECURING EMPLOYMENT FOR YOUTHS FROM ACROSS THE SIX LOCAL GOVERNMENTS HE REPRESENTS IN THE UPPER CHAMBER
ments he represents in the upper chamber. He recently sponsored the training of over 1000 youths in the area of hardware, software and entrepreneurship development. Participants in the training were drawn from the three senatorial zones of Yobe State. Senator Ahmad Lawan was instrumental to the location of Federal University Gashua where it is now – in Gashua. Locating the university in Gashua puts it in a strategically accessible location for all the people of Yobe north senatorial zone. He also followed this up with ensuring that the act establishing the university has been signed by President Muhammadu Buhari. Through his efforts hostels that can accommodate 2000 students are springing up at the university. Already, work is ongoing for the establishment of a 10-bed clinic in the university. The world class ICT centre the university now has was a result of the commitment of Senator Ahmad Lawan to educational development of the zone. Our senatorial zone is one of the parts of Nigeria referred to as ‘educationally disadvantaged.’ It is to the credit of Senator Lawan that he facilitated the reconstruction of Nguru-Gashua-Baymari road which is nearing completion. For us the people of Yobe north and some parts of Yobe east this road is the most important. Only those of us with an idea of the state of this road before the reconstruction can appreciate how it can transform our communities On another social front, Senator Lawan has built Islamiyya model schools, in all the local governments in his senatorial zone. He also sponsored the mass wedding of women from indigent families, which eased the social obligation burden on many families. Each year from 2017 to date he sponsored medical outreach in which people received critical medical treatment free. Herders benefitted from cattle vaccination he sponsors annually. He also influenced many TEFUND interventions for tertiary institutions in his zone and scholarships opportunities for many aspiring scholars teaching at these institutions. For a lawmaker who has been in National Assembly for over 20 years these are only recent projects he attracted to his people. The reason why he kept winning elections is because of these development projects he attracted to the area he is representing. Again, we go back to Hegel’s importance of being ‘rational.’ In Nigeria, of course lawmakers have to do more to deliver development but clearly people never judge lawmakers by the number of bills they sponsored, but by the number projects they attracted to their people, the number of jobs they secured for youths and other key performance indicators that can be out of place - and will never be the yardstick of determining a good legislator in the US. In Nigeria no lawmaker goes to polls flaunting the number of bills he/she sponsored. People judge lawmakers by their projects, by their social interventions and concrete development impact. Nguru wrote from Bulabulin, Nguru, Yobe State
TRANSACTIONAL POLITICS AND THE FUTURE OF DEMOCRACY The conduct of the business of politics still leaves much to be desired, contends Samuel Akpobome Orovwuje
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igeria’s political system is an interesting subject for exploring the impact of transactional politics, not only because it emerges from almost 60 years of poor leadership the people have had to endure, but also as a result of a system that reflects the wider political divisions in the society. The relentless shenanigans of the treacherous political class will continue to erode democratic values and ethos in Nigeria if left unchecked. Indeed, the democratic space needs a kind of reformation whereby competencybased principles and self-governing norms replace today’s ruthless politics of divide and rule. Is it possible to achieve political re-engineering and leadership success without the fraud, cupidity and deception that currently plagued the states and other major political parties in Nigeria? This article explores how the application of talent and leadership principles to the political environment can re-establish democratic standards for integrity and restore the image of political parties in the marketplace of ideology. It offers practical advocacy for rebuilding the core values of party organisation that will lead to leadership reformation and renewal for attaining the highest level of discipline, ethics and integrity devoid of manipulations, which will go a long way in improving the outcomes of the 2023 general elections and beyond. Nigeria’s politics and party organisation are in deep leadership crisis. Hegemonic insurrectionary leaders, often called godfathers in Nigerian politics, always seek to steer their loyalists and associates toward a master-servant relationship, where the win-
ner takes all, whilst proclaiming non-existent internal democratic norms. Alliances are forged with sympathetic party members and at the end they turn around to obstruct the organic growth and development of the party hierarchy. This overarching political master-servant relationship creates the illusion of an unquestionable order resting on transactional politics. This existential illusion is now in a fix as the democratic space evolves and the viability of patronage oligarchy is increasingly becoming doubtful from the emerging trends in Edo and Ondo politics. The uncoordinated party organisation and management is resulting in political dislocations with the resurgence of political rascality in the states. Transactional politics portends a pronounced threat for the 2023 elections and the entire political process. Genuine critical stakeholders and analysts are worried about these negative and unwholesome developments. This underscores the need for a robust political party architecture engineered by a host of reforms ranging from membership recruitment to ownership of party organisations and the entrenchment of critical values such as party ideology and identity – all with a view to fostering intra-party relations, sustainable democracy and leadership ethos in Nigeria. Regrettably, most hegemonies across the political divide seek alternative clienteles rather than remain dependent on the party structures and the largesse and support of their erstwhile political sons and daughters. These transactional leaders and their opaque networks within the party system press against the norms and pieties of our nascent liberal democracy. Additionally, the power monopolies
thrive on rents and patronages from state resources which are firmly embedded in recruitments and negotiations for governors seeking elective offices as well as political appointees. The self-styled leaders have painted themselves as guardian angels of liberal democracy. Some of the challenges in the leadership of the political parties stem from shifting political circumstances and the poor dispositions of individual leaders. Furthermore, they are constantly engaged in democratic backsliding in their parties for self-interest and ego, thereby subverting the will of the majority. The political radicalism of the two sides of the power chess game has given rise to pervasive, crude and malevolent groups violating the peace in the states. The future could be more tumultuous and bloodier if the intemperance of the masters in the APC and PDP is not mediated by men of goodwill who are not blinded or blurred by the lenses of political correctness. The rise of engaging and authentic leaders in the parties’ structures will rival the evils of the autocratic, hegemonic chieftains and godfather entrepreneurs marauding as progressives and party men. Expectedly, autocratic and hegemonic administrations have hijacked the management and organisation of political parties to limit or even eliminate the influence of popular candidates. Some of the so-called leaders played a key role in the pre-1999 democratic process. They imposed undemocratic tight frontiers on popular and authentic candidates that will not do their bidding and now sponsor their own candidates to unleash terror, blackmail and mudslinging to suppress party supremacy, aided by a carefully orchestrated public
communication and reputational damage campaigns that sustain evil politics and unexceptional leaders. These hegemonic regimes also use social media platforms to disrupt candidates and meddle in the parties’ internal democratic processes. Transactional power contestation, party monopoly of patronage and the emergence of factional movements have altered organic leadership development for governance and performance reward system that will leapfrog stable democracy. Scapegoating performance-driven party men is inimical to the overall development of human capital and strategic management. Indeed, the virulent campaign nationalism and hateful rhetoric in the last Edo elections may have won votes across the divide, but it also left in its wake citizens who are more divided than ever before. While radical personalities are being absorbed into mainstream politics and “yes� men become commonplace in our nascent democracy, the vanishing tide of true democrats is increasingly becoming worrisome. Despite visible progress, the democratic process in Nigeria continues to face significant challenges. Idolatrous political parties, partisan bureaucracies, the lack of an independent INEC, misunderstandings between the APC and PDP grandstanding orchestra and their manipulative partners are challenges that continue to hinder the advancement of democracy. Thank God peace reigned in Edo State! Orovwuje is Founder, Humanitarian Care for Displaced Persons, based in Lagos
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T H I S D AY ˞ ˜ ͰͰ˜ Ͱ͎Ͱ͎
EDITORIAL
YET ANOTHER CONSTITUTIONAL REVIEW There are many pressing challenges that should engage the attention of the National Assembly
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s the National Assembly commences yet another round of constitution review, questions arise as to why scarce resources would be expended on such an exercise at a period when the economy is ravaged by the coronavirus pandemic and the nation is in dire need of funds to fix its comatose infrastructure. For sure, there are important issues that demand legislative interventions. One, how do we ensure efficient and effective security in the country? Should we tinker with the current arrangement? How do we deal with the question of local government fiscal autonomy? And how do we restructure the country to make it work for the people? The foregoing and many other questions are what agitate the minds of Nigerians. But they are issues that hardly bother our federal lawmakers. If experience of the past were any guide, IN ALL THE PREVIOUS constitutional ATTEMPTS, WHAT review is nothing but a wasteful CAME OUT FROM THE venture for the NATIONAL ASSEMBLY mere purpose of AS CONSTITUTIONAL collecting jumbo AMENDMENT WERE NO allowances from MORE THAN AN ELABORATE unrealistic retreats and public hearCHARADE ings. We recall that the sum of N1billion was first spent on the ill-fated constitution amendment ad-hoc committees of the Senate and House of Representatives in 2007, under the chairmanship of former Deputy Senate President, Senator Ibrahim Mantu and Deputy Speaker, Hon. Austin Okpara. The second attempt to review the constitution cost the nation another N1billion under the then chairmanship of Deputy Senate President, Senator Ike Ekweremadu, and co-chaired by the then Deputy Speaker of the House of Representatives, Usman Bayero Nafada. No less than N9.5billion had been expended as at the end of the seventh Assembly, which expired in June 2015. This did not include the review of the Eighth Assembly, which gulped
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about N4 billion. It is not known yet how much of tax payers’ money the present exercise headed by the deputy senate president, Ovie Omo Agege will gulp. Assuming without conceding that there is a need to amend the constitution, why is the Joint National Assembly Constitution Review Committee not starting off from other review committees in the past assemblies? Starting afresh is not only a waste of public funds, it also robs the exercise of seriousness. For instance, both chambers of the eighth National Assembly rejected a proposed amendment to devolve more powers from the bloated exclusive list to the concurrent list. The bill (Devolution of Powers) had sought to alter the Second Schedule of the 1999 Constitution, Part I & II, to give more legislative powers to the states. It also delineates the extent to which the federal legislature and state assemblies can legislate on items that have been moved to the concurrent legislative list. It was a move aimed at restructuring certain aspects of our federation that impede development and often lead to needless tension. That the bill does not interest the current National Assembly that is obsessed with the controversial Water Resources Bill speaks volume. The aim of that bill was to empower states houses of assembly to legislate on land use and management, railways, health care, agriculture, road safety, pension, environment, youth development, and stamp duties. Simply put, it would put the responsibility of the development of some percentages of the listed sectors on the states and reduce the powers of the federal government. The idea was to accelerate development through competition. Given the excuses that the bill failed because its separate components were not broken down into clauses, the water bill being passed by the current National Assembly negates the spirit of the clamour for restructuring the governance structure of this country in a manner that would ensure equitable development and better use of resources. In all the previous attempts, what came out from the National Assembly as constitutional amendment were no more than an elaborate charade.
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OBASEKI’S WIN IS VICTORY FOR DEMOCRACY LOPSIDED PROMOTIONS
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ollowing the emergence of Godwin Obaseki—incumbent governor of Edo and candidate of the Peoples Democratic Party (PDP)—as the winner of the 19th September gubernatorial elections, we of the I am Edo Movement, are excited about the conduct of the elections. It is a victory for democracy in Nigeria. According to official results announced by the Independent National Electoral Commission (INEC), Obaseki polled 307,955 of the valid votes cast to defeat his closest challenger, Osagie Ize-Iyamu of the All Progressives Congress (APC), who had a total of 223,619 votes. The victory is all the more significant as the latter had the backing of ‘political heavyweights’ in the state. As in established democracies, the will of the people is supreme. This isn’t just a win for Obaseki, the PDP, and the good people of Edo; it is a victory for Nigeria as a whole. And it proves that we are ready to embrace true democracy. That is, a government that is of the people by the people and for the people. This election has shown that nothing can stop a people with the collective will to succeed at a common cause. And great leadership can inspire that sense of confidence and willpower in the hearts of the people by modelling it. Now, the rest of the country can follow the Edo example and reclaim the power to choose who they want to lead them—a basic right that was ceded to political godfathers.
I must thank President Muhammadu Buhari for keeping to his promise to ensure that the elections are credible. Indeed—but for a few logistic challenges, and pockets of violence in some areas—the elections were largely peaceful, free, and fair. INEC and the security operatives have done a commendable job. Hopefully, they can draw from lessons learned to organize even better elections in Ondo. With this victory comes a huge responsibility and greater scrutiny. This is not the time to relax, as most governors do in their second tenure in office. Rather, Edo people expect Obaseki to continue the remarkable work in education, healthcare, infrastructure development, economic diversification, as well as job creation. And we will hold you to the highest standards. Comprised of young professionals, the mission of the I am Edo Movement is to galvanize Edo people, particularly the youth, to take control of their destiny, and join in the process of restructuring, remodeling and rebuilding the state, so that all citizens can journey towards their dreams with confidence and dignity. It is a vehicle through which citizens can aggregate their interests, voice their preferences, and exercise the power necessary to effect sustained change. Its ultimate aim is to instill a real sense of pride and patriotism in all people of Edo heritage, home and abroad. Tony Usidamen, info@iamedo.org
TRANSLATE TO ZILCH
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t is clear about the elementary mentality that places ethnicity above merit in the series of promotions and appointment exercises in the wide circle of the federal civil service of Nigeria. Apparently, a party or certain ones are desirous to “balance� the upward mobility advantages based on merit that Southerners have with affirmative action for Northerners. But herein lies the problem; affirmative action for a class of people who lacks the proper education and insights on the workings of the system they have been forced-in to is tantamount to running in endless circles. All the cash in-flows that come with this lopsidedness in federal civil appointments have not translated to poverty reduction at the grassroots because the beneficiaries of these very misplaced “affirmative action� are themselves those who would rather increase their family size by doing plural marriages; they do not do charity and they do not pay tithes because the foundations for these acts of selfless services are not existing in the locales from whence they originate. That is why, as this class of Nigerians is “spoiled� with access to huge cash base, poverty still blossom in the North. Sunday Adole Jonah, Department of Physics, Federal University of Technology, Minna, Niger State
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TUESDAY SEPTEMBER 22, 2020 •T H I S D AY
TUESDAY SEPTEMBER 22, 2020 • T H I S D AY
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T H I S D AY ˾ TUESDAY SEPTEMBER 22, 2020
POLITICS
Group Politics Editor NSEOBONG OKON-EKONG Email nseobong.okonekong@thisdaylive.com (08114495324 SMS ONLY)
Obaseki as the New Face of Resistance
Vanessa Obioha writes that Governor Godwin Obaseki of Edo State has transformed from the lonely underdog to a veritable bastion of hope and resistance against established influence peddlers
Oshiomhole
Obaseki
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nly a few saw the handwriting on the wall. The message was clear but with the political games being played, it was difficult to
decipher. Governor Godwin Obaseki knew that not many could foresee his victory. They were already swooned by the sophistry of his former political party, the All Progressives Congress (APC) who kicked him out like a wounded dog at the ninth hour. His offence? Picking a fight with the former National Chairman of the party and his predecessor, Adams Oshiomhole. The crux of the matter? ‘Godfatherism’, a phenomenon that has gripped political spectators for a while and is slowly losing substance like leftover salt. Obaseki who was anointed into power by similar tactics that he now condemns, curried favour from the ‘powers that be’ in his party as the gubernatorial election in Edo state drew near. He hoped that they would shun the antics of Oshiomhole and endorse him to represent the party in the election. From President Muhammadu Buhari to the Jagaban of Lagos politics, Senator Bola Tinubu, Obaseki longed for a reassuring pat on the back. He received none. The message was clear. You can’t overrule the decision of Oshiomhole. Licking his sores, he found an elixir in the company of the Peoples Democratic Party (PDP), but not without resistance. There were party hopefuls waiting in line to be declared the party’s candidate. However, luck shone on him as the party leaders rallied around him. Their support didn’t necessarily stem from confidence in his abilities, rather his defection was a big gain for the PDP. Originally a PDP-controlled state at the beginning of this round of democratic dispensation in 1999, the state slipped out of their hands through a court decision that installed Oshiomhole. That administration lasted for eight years. Obaseki took over from Oshiomhole and served over three of his first four-year tenure as a member of the APC. So, for more than 11 years, the PDP has been out of power in Edo. Nonetheless, it should not be overlooked that the party continued to make a good showing in legislative contests. In the 2019 national elections,
for instance, the PDP won more seats into the Senate and the House of Representatives. A win for the PDP was calculated to return domination of the Edo political landscape back to the PDP. Like in other societies, politics in Nigeria is a battle of influence and the ruling party is inebriated with it. Oshiomhole as the National Chairman of the party at the time expressed optimism in quashing the dreams of Obaseki to retain the governorship seat in the state. Given his exalted position and his cronies in the state, he alongside the party leaders felt the perfect punishment for Obaseki was to deny him the APC’s gubernatorial ticket, while giving it on a platter of gold to his opponent in the 2016 governorship election, Pastor Osagie Ize-Iyamu, a man who Oshiomhole had rubbished. Ize-Iyamu became the APC flag bearer without breaking a sweat. With the endorsement of the party, Ize-Iyamu blotted out the memory of Oshiomhole’s defamation of his character in the previous election and swept everything under the rug. Who could blame him? After all, like the sport of wrestling, there are no permanent friends or enemies. He kicked off his political campaign with vigour, accusing Obaseki of not
Ize-Iyamu
specifically saying what Oshiomhole did, rather than picking holes. Obaseki, however, was the lonely underdog who had to fight fiercely in the same manner his predecessor did to assume his first tenure. Even with the blessings of the PDP, not a few thought that he had a slim chance of winning. Their reasons were not far-fetched. The overwhelming influence of the APC could kick Obaseki out of the game. But Obaseki refused to be easily defeated. He threw everything in the ring to win his bid for a second term. He rolled up his sleeves and deflected the stones thrown at him like a skilled pugilist. He was ready for battle to retain his place at the top. He garnered support from party members, leveraged on his milestones attained in his first tenure to woo voters. He made more campaign promises and assured voters that he would deliver the Edo of their dreams. With the backing of Governor Nyesom Wike of Rivers State, Obaseki was confident that his mission would be accomplished. To a large extent, the recently concluded election in Edo State was a battle between Oshiomhole and Obaseki that entertained and irked political spectators. They were amused by the constant mudslinging from both warring per-
Even with the blessings of the PDP, not a few thought that he had a slim chance of winning. Their reasons were not far-fetched. The overwhelming influence of the APC could kick Obaseki out of the game. But Obaseki refused to be easily defeated. He threw everything in the ring to win his bid for a second term. He rolled up his sleeves and deflected the stones thrown at him like a skilled pugilist. He was ready for battle to retain his place at the top. To a large extent, the recently concluded election in Edo State was a battle between Oshiomhole and Obaseki that entertained and irked political spectators
sonalities, though Oshiomhole pulled the strings behind the scenes. What irked spectators and voters was the overconfidence of the party, particularly the last campaign by Tinubu, who told voters to kick out Obaseki at the polls, labelling him a dictator. His outburst was the miracle Obaseki needed. It frustrated the voters who thought the Jagaban wanted to intimidate the state with his influential politics as he did in the past governorship election in Lagos State. The campaign team of Obaseki deftly used his broadcast to promote a slogan ‘Edo no be Lagos’ that resonated in the hearts of many. His statement drew a backlash from the public who reminded him that Obaseki would not be treated the way he did the former governor of Lagos State, Mr. Akinwunmi Ambode. Thus, on election day, even with many holding up brooms to sweep out Obaseki from office, it was those that stood under the umbrella that eventually smiled. Obaseki’s victory has been greeted with fanfare and the man, like the biblical David demystified the giant Oshiomhole in Edo State by polling 307, 955 votes to Ize-Iyamu’s 223, 619 votes to retain his governorship seat. An overjoyed Obaseki told his supporters that his triumph was the end of ‘Godfatherism’. Like Minister of Labour and Employment Chris Ngige who defeated the Ubas to end the godfatherism cycle in Anambra State, Obaseki is thumping his chest too for achieving that in Edo state. In the spotlight of his victory, it will be interesting to know if the governor will be magnanimous or vengeful in his re-election. Should he choose to do the former, it will portray him as a good sportsman and a true democrat. However, if he chooses to carry out vengeance on Oshiomhole and his party, it will show that the apple does not really fall far from the tree. After all, Oshiomhole also thumped his chest when he emerged winner in 2008. Like Obaseki, he boldly declared that he had wrung the state from the hands of the powerful godfather of politics in Edo, Tony Anenih. The following days would be a test of Obaseki’s political character even as the APC continues to bark about the outcome of the election.
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T H I S D AY ˾ TUESDAY SEPTEMBER 22, 2020
POLITICS
The Imo APC Conundrum Amby Uneze writes that the All Progressives Congress may not have learnt a lesson from electoral setback suffered in the past, as the current wranglings over who won the party’s ticket to contest in the Imo North Senatorial by-election suggests
Uzodinma
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he journey to 2019 the general election in Zamfara as it concerns the All Progressives Congress (APC) remains fresh in our memory. Candidates of the APC did not partake in the elections due to internal wrangling among leaders of the party. There were conflicting issues concerning the conduct of the party primaries to pick candidates for various elections. At the end of it all, the Supreme Court ruled that there were no legitimate primaries in Zamfara and as such the party did not participate in the 2019 elections in the state. It was indeed a lesson to Nigerian politicians for future elections in the country. According to the Independent National Electoral Commission (INEC), in the case of Zamfara, the Commission wrote to the APC leadership to notify it that, due to its inability to conduct its primaries in Zamfara State within the stipulated time as required by law, the party cannot field candidates for the governorship election. INEC had said it would not allow the APC field candidates in Zamfara because the party did not hold primaries within the stipulated time. Internal wrangling among leaders of the APC in Zamfara led to the inability to hold the primaries within the stipulated time. Although the APC faction loyal to former Governor Abdulaziz Yari claimed it held congresses and had candidates, the faction loyal to a senator, Kabiru Marafa insisted no primaries held. The party headquarters also said no primaries held but said it adopted consensus candidates within the stipulated time. The case in Zamfara though slightly different from what was seen in the party’s primaries for the vacant senatorial seat for Imo North (Okigwe zone) senatorial district held on the 3rd of September, 2020, but there were similarities. For the fact that there were two major camps laying claim to have produced the candidate of the party, leaves room for litigation and at the end of the day what would result from it remains uncertain. The two gladiators in the Imo APC debacle are the state governor, Senator Hope Uzodimma and a former two-term Senator, Chief Ifeanyi Godwin Araraume. No doubt, these are the two elephants struggling to outwit each other and they are all respected leaders in all ramification. The genesis of the rancour started long before now and one could trace it to the pre 2019 governorship election in the state. Former governor, Chief Rochas Okorocha had wanted his son in-law, Uche Nwosu to succeed him as governor, as such he had a congress of the party that produced Dan Nwafor as the State Chairman of the party. When the former National Chairman of APC, Adams Oshiomhole vehemently opposed Okorocha
Araraume
for sponsoring Uche Nwosu, his son in-law to take over from him at all cost, a splinter group known as the APC Consolidation led by former deputy governor, Eze Madumere, T.I.O. Ekechi and Hope Uzodimma (who had just joined the party from PDP) and with solid support from Oshiomhole appointed Prince Marcellinus Nlemigbo (Marcon) as a Caretaker Chairman with a view to get rid of Okorocha’s arrangement. Though the matter is in court and there is currently hubbub as to who the authentic state chairman of the party is. One of the stakeholders has challenged the position of caretaker committee, insisting that the party’s constitution does not recognize the position of caretaker arrangement. In a letter written last week by Dan Nwafor led exco and addressed to the APC Caretaker Committee/Extraordinary Convention Planning Committee, he insisted that the court had not sacked him but stated that status quo ante should remain until the matter is finally disposed of. He further stated, “That the ruling of FCT High Court of 16th July, 2020 did not strip us of our authority as the authentic executive of the party nor does it accord Marcon Nlemigbo any power to act as the State chairman of the party. Our said dissolution and appointment of Marcon Nlemigbo was done before 16th July, 2020 which also made it a nullity and of no effect.” Another twist to the matter on Imo North Senatorial primaries was revealed by the Chairman of Imo North Senatorial Screening Committee; Dr. Lawrence Chuku while addressing journalists on 7th September, 2020 at the national secretariat of the party in Abuja, where he accused the leadership of the party of clearing disqualified aspirants. The primary election for the Imo North
senatorial by-election held on Thursday last week saw the emergence of Mr. Ibezim Frank, who was declared winner by Senator Ajibola Bashir-led-faction of the committee, while Senator Ifeanyi Araraume was declared winner by Mr. Umar Nguma-led faction. Chuku said, “we are the members of the Imo North Senatorial screening committee of the APC, appointed vide letters of appointment dated August 25, 2020 and duly inaugurated at the party’s headquarters on the 26th of August by the acting National Secretary, Senator John James Akpan- Udoedehe. “Unfortunately, with utmost dismay, we noticed that our report, which cleared five aspirants and has six not cleared for very cogent and verifiable reasons were jettisoned.” Chuku lamented that both the aspirants cleared and those not cleared were allowed to run for the senatorial primary, adding that embarrassingly, one of the aspirants not cleared was being touted as having emerged as one of the winners of the said, “controversial primary election.” He noted that out of the 11 aspirants, five were cleared by the Committee namely: Senator Ifeanyi Araraume, Uchendu Chijioke Mark, Edith Chidinma Uwajimuogu, Bright Nwachukwu and Eze Okoros. Chuku stressed that the six other aspirants that were disqualified for not meeting the basic requirements were: Hon. Matthew Omegara, Achonu Nneji Athan, Ibezim Frank, Uchenna Uba, Onuoha Chijioke Chikwem and Iheanacho Ihim. He said with Section 11 of the guidelines for the nomination of candidates, the roles and responsibilities of the screening committee, the committee did its job sincerely, honestly and diligently without fear or favour. Chuku said Ibezim who is purported to be one of the possible flag bearers of the party was
There were two major camps laying claim to have produced the candidate of the party, leaves room for litigation and at the end of the day what would result from it remains uncertain. The two gladiators in the Imo APC debacle are the state governor, Senator Hope Uzodimma and a former two-term Senator, Chief Ifeanyi Godwin Araraume. No doubt, these are the two elephants struggling to outwit each other and they are all respected leaders in all ramification. The genesis of the rancour started long before now and one could trace it to the pre 2019 governorship election in the state
not cleared to contest the primary election because he did not submit any originals of his educational certificates or properly certified true copies for citing. He said, he was also not cleared because he presented a statutory declaration of age deposed to by one Emmanuel Ibezim, who happens to be his elder brother, while adding that the statutory age declaration was not signed by the declarant, which rendered the document invalid. Chuku said Ibezim submitted another affidavit, stating the loss of his academic qualification certificates, which was not signed by the deponent, stressing that this also rendered the document invalid. He added that the said unsigned affidavit did not have a police extract in support, to show that he reported to the law enforcement authority. “Mr. Frank Ibezim submitted the photocopies of his academic certificates which he said were missing namely, WAEC certificate, university degree and NYSC certificate, purportedly certified as true copies of the originals and we made the following observations. “One person signed a signature on all the photocopies of his certificates and dated them for a fee of N500, as though they were being certified as true copies. “Nothing written on the academic certificates read ‘certified true copies. Nothing written on them showed who purportedly certified the certificates as true copies. Nothing written on them showed where they were certified in order to prove that the certifier had custody of the originals as required by law.” Chuku pointed out that Ibezim’s “invalid affidavit” of loss of certificates was dated in 2010 and he has had them for 10 years without signature and neither did he make any attempt to contact the issuing authorities to properly certify them. He said as responsible party loyalists, they are committed to ensuring that the party does the right thing by putting the right foot forward to win the Imo North senatorial by-election. However, the three members of the Primary Election Committee said to have been set up by the All Progressives Congress (APC) for the Imo North Senatorial by- election said they declared Senator Araraume winner because the figures from the field on the day of the primaries showed that he actually scored the highest number of votes. The members of the Electoral Panel who stated this were: Alhaji Umar Nguma, Mohammed Saliu and Prince Ifedi Ejim. The trio while submitting their report from the field at APC National Secretariat in Abuja said they conducted primaries in the 64 Wards in Imo Senatorial District. NOTE: Interested readers should continue in the online edition on www.thisdaylive.com
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FEATURES
Group Features Editor: Chiemelie Ezeobi Email chiemelie.ezeobi@thisdaylive.com, 08038901925
Providing Air Power for the Deep Blue Project To support the Nigerian Maritime Administration and Safety Agency’s Deep Blue Project, a security structure designed to secure all anchorage areas in the nation’s maritime domain, the Nigerian Air Force is set to deploy its air assets and special forces. Chiemelie Ezeobi writes
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orld over, security threats keep evolving from traditional to conventional warfare. In the maritime domain, the same rings true. In the past, the maritime domain was threatened by piracy, sea robbery, illicit trafficking, narcotics and arms smuggling, illegal, unreported and unregulated fishing (IUUF) and marine pollution. Now, emerging security threats within the Nigerian maritime domain stem largely from non-military causes such as socio-economic agitations and unemployed youths within the coastal communities, which are manifested through attacks on shipping, sabotage of hydrocarbon infrastructure and maritime resource theft. Given that the Gulf of Guinea (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. It was in its constant bid to find lasting solutions to the myriad challenges bedeviling the nation’s maritime domain and even the GoG, that the Nigerian Maritime Administration and Safety Agency (NIMASA), partnered the Nigerian Navy (NN) and the Nigerian Air Force (NAF), both to give covering at sea and air power, respectively. The Deep Blue Project Known as the Integrated National Security and Waterways Protection Infrastructure or the Deep Blue Project, the security structure which is championed by NIMASA, is designed to comprehensively secure all anchorage areas in the Nigerian maritime domain. Lauded by stakeholders, the Deep Blue Project will see the federal government take total control of the country’s maritime security, which includes anchorage, where all vessels calling at the various ports across the country berth. The project is expected to take off October 2020. Budgeted to cost $195 million, the Deep Blue Project was last year awarded to HLSI Security Systems and Technologies Limited, an Israeli firm. According to NIMASA DirectorGeneral, Dr. Bashir Jamoh, the Secure Anchorage Area, which has been a subject of contention, would now be covered under the Deep Blue Project, a multi-spectrum security architecture. Stressing that there is absolutely no need for the nation to have private security in its maritime space, he said it only increases the cost of shipping in the country. Firmly supported by the Nigerian Ports Authority (NPA), its Managing Director of the NPA, Hadiza Bala-Usman, reiterated that the move would certainly reduce the cost of shipping of goods into the country and give the security of the nation’s maritime domain focal attention. Interlinking Surveillance System With the Deep Blue Project, it is expected that the maritime space and Exclusive Economic Zone, up to the Gulf of Guinea, will be a whole lot safer. As has been disclosed by both NIMASA and NPA, it would be easier to interlink the C3i technology of the NPA, the C4i of NIMASA and the Falcon Eye of the navy, thus leading to an interchange of information that would speed up the Nigerian Navy’s
NIMASA Director-General, Dr. Bashir Jamoh, and the Chief of the Air Sta (CAS), Air Marshal Sadique Abubakar, anked by others at NAF Headquarters
CAS and DG NIMASA viewing an aerial display
response to threats at sea. NAF’s Air Power As part of its partnership with NIMASA, the Nigerian Air Force (NAF) recently indicated interest in deploying its air assets and special forces for the take off of the Deep Blue Project. According to the Chief of the Air Staff (CAS), Air Marshal Sadique Abubakar, who recently played host to the DG of NIMASA, Dr Bashir Yusuf Jamoh, at the Headquarters NAF Abuja, the air force has maintained a long standing, cordial relationship with NIMASA, with an MOU on Maritime Air Surveillance and Intelligence signed in 2013. He said further that, despite the fact that the MOU had elapsed, the NAF had continued to play crucial roles, working very closely with the Nigerian Navy, using the NAF ATR 42 Maritime Patrol Aircraft (MPA), which had participated in several exercises within Nigeria’s maritime environment. He noted that the DG’s visit was
auspicious and would mark a new era in moving NAF’s partnership with NIMASA to a much higher level. Also, as a booster to secure the coastal areas, CAS said the Unmanned Aerial Vehicles (UAVs) that would be deployed to the newly established Combat Reconnaissance Group (203 CRG) in Gombe State (to primarily deal with the security challenges in the North-east and other parts of the North), could be moved to any coastal locations, especially given the crucial importance of the maritime environment to the survival of the nation. He added, “indeed, we are working towards establishing UAV Wings in Lagos, Calabar and Port Harcourt, to support the efforts of other security agencies in maintaining the security of the maritime environment�. The CAS assured the DG that the NAF would do everything possible to partner NIMASA on the Deep Blue Project, as the federal government is doing everything humanly possible to
secure Nigeria and Nigerians, adding that highly professional and properly trained officers, pilots and technicians had been selected for additional training to add value to the Deep Blue Project. The DG NIMASA, in his remarks, commended the CAS for his prudent management of resources. According to him, under the CAS’ watch, the NAF had witnessed a tremendous boost in its aircraft holding, through systematic acquisition and reactivation of platforms. He therefore applauded the quality of leadership of the service. While stressing the importance of cooperation between the NAF and NIMASA, the DG noted that both agencies have mandates that are somewhat interwoven. He reiterated NIMASA’s stance on zero tolerance for piracy on the nation’s waterways, stating that the NAF’s deployment of its air assets and special forces would help tackle the issues head-on for the overall good of Nigeria’s maritime sector and the nation as a whole.
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Paving the Way for Modern Classical Musicians Iyke Bede writes that MUSON and MTN are paving the way for modern classical musicians
Cross-section of MTN-MUSON graduands and MUSON faculty during the concert
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rguably, final performances at ceremonies are mostly memorable sometimes owing to how they highlight intricate details of complex art forms. This year’s Musical Society of Nigeria’s (MUSON) concert celebrating its 2020 graduands was no different in applying this theatrical strategy. Enter Benue state born soprano singer, Okwori Mary Eleojo. Obviously, the concert’s crème saved for the last slot, she and Segun Owele performed Francesco Sartori’s classic, ‘Time to Say Goodbye’. Flanked by The String Ensemble, a pianist (Tunde Sosan) on the grand piano, and a choir to help lift background vocals to the heavens, Mary took to the stage perfectly harnessing the acoustics of the Shell Hall of the MUSON Centre, Onikan Lagos. Energetic with her high-pitched vocal delivery, the neon-lit stage burst with beautiful melodies and emotions that left guests with an overwhelming sense of appreciation for talent exhibition and the sheer amount of professionalism. It was a fitting reflection of the training at the institute by worldclass instructors who have continued to garner commendations for their excellent, uncompromised guardianship. A night of classical music performances parading students of the MUSON Diploma School of Music at their best, was what greeted those who witnessed the event. Albeit restricted by the health guidelines to curb the spread of the unprecedented COVID-19, many classical music lovers, family and friends of graduates, witnessed the event on a virtual platform. What was experienced on August 24, 2020, was the finished product – a buffet of stage expressions displayed on the backdrop of classical music instruments. And just like many of the other acts who took on several roles showcasing their musical prowess, Mary’s tale was no different. Her expedition (which she termed a crazy decision) to find her voice in the classical music scene surely paid off that evening. In 2017, the singer took a 14-hour trip to Lagos from her hometown in Benue State to pursue her dreams of becoming a classical musician leveraging the MUSON’s MusiQuest competition. She emerged winner and progressed to apply for and secured a spot at the MUSON Diploma School of Music as a vocal performer. Mary’s dreams to attain this level of training, as well as those of the other 29 graduates, have been made attainable by a thoughtful brand that has continued to invest heavily in the music space in Nigeria. Renowned for best practices that match international music practice, the MUSON School of Music surely demands ample resources to see oneself through its two-year diploma programme. Fortunately, all 30 students who enrolled for the diploma programme gained unlimited support via the MTN Foundation scholarship
Graduands performing during the MTN-MUSON concert at the MUSON Centre, Onikan, Lagos to fast track their dreams. Just like they have done with the MTN Science and Technology Scholarship Scheme (MTN STSS) and the MTN Scholarship Scheme for Blind Students (MTN SSBS), the Foundation has continually renewed its commitment each year to brighten the lives of the Nigerian youth. The MTN-MUSON scholarship has had a successful run for 13 years. So far, it has sponsored over 300 students, and recently hit the ground running with calls-for-entries for its 14th edition. Appreciative of the immense contribution of the MTN Foundation towards shaping the career of students who passed through the learning institution over the years, Princess Banke Ademola, Director, MUSON School of Music said, “We thank MTNF for the golden opportunity and scholarship given to the students. More so, the unflinching support at monitoring by the staff of MTN. Surrounding the graduation ceremony of our students, although it is different this year with the COVID-19 pandemic, we still had glamorous presentations both in live stream and virtually.� While the concert hit a crescendo with Mary’s performance, other acts held their own. Andrew Sodiari, who delivered a tenor scale vocal performance of ‘A Loveliest Night of the Year’, was one of the stars of the night. During his performance, he moved with grace or a certain audacity that revealed how much he has perfected his singing techniques. Although having a background in music through his participation in church choral activities, it was not enough torque to push him to a bigger stage until he enrolled for his diploma. Another person sharing a similar path as Andrew is Obianom Chiemerie Emmanuel. Trained as a vocal performer, the baritone singer journeyed his audience back
to the 1960’s with the infectious and dreamy jazz tune ‘L-O-V-E’, originally scored by Bert Kaempfert and Milt Gabler. He performed the number donning a burgundy suit, a broad smile and pizzazz. Although a great body of work in classical music is rooted in western culture, scholars of the MUSON school proceeded with a touch of relatability by performing popular music from local Nigerian stars in true classical styling. Reimagining viral hits such as Simi’s ‘Duduke’, Bobby Benson’s ‘Taxi Driver (I Don’t Care)’, and Victor Olaiya’s ode ‘Baby Mi Da’, the crowd’s reactions was one of participation through mouthing of words to these tunes. In its capacity, the foundation looks to affect the texture and sound of Nigerian music by fully enabling these scholars. Currently, afro beats is the reference genre that describes Nigerian, and West African music at large. It is no-brainer that in future, there will be more collaborations with classical musicians. Although this move to crossbreed local genres and classical music has already started with the likes of music star Niniola recruiting the jazzy influence of Femi Kuti on ‘Fantasy’; however, this style has yet to be mainstream. But with focus and resilience, such ventures are more likely to happen, expanding the scope and sounds of West African music. Although most of the evening’s performances focused on the shining qualities of female and male vocalists, there were highpoints where the spotlight wasn’t on the vocal capability of an individual, a duo or group, but on the ability to manoeuvre a piece of instrument to effuse human-like qualities through sheer dexterity. Whimsical, alluring, and animated, a string ensemble (Femi Olawoyin, Uzoma
Chidimma, John Jesuyemi, Grace Obasi, Dansu Oluwatosin, George Emmanuel, John Ayorinde, and Godwin Ude) stormed the stage in their white and black attire to delivered the famous tune of Leroy Anderson, ‘Plink, Plank, Plunk’. In one accord, under the guide of a conductor, they reproduced the musical piece pitch for pitch, note for note, playing their way into the hearts of the audience. If dexterity is any measure of talent, xylophonist Ayoola Sunmiboye enthralled with an impassioned rendition of ‘Czardas’, originally scripted by Vittorio Monti. Prior to his lauded performance, pianist MacPherson Agah had enjoyed similar adoration playing ‘Fantasiastuke’. Other performance from the likes of Anuoluwapo Bolaji (‘Ma Gbagbe Mi’), MUSON choir (’Cum Sancto Spirito’/ ‘Ise Orin N’ise Wa’) were well received, further attesting that it was truly an evening with the stars, just as the theme suggested. With its tradition spanning 13 years, the stakes have grown for teachers to tutor with laser-focused precision that ensures all 30 students in each academic session master the art of music making within their specific fields in classical music, and to put up impressive stage performances when called upon. With increased stakes for teachers, the requirement for admitting scholars has increased each year to match and compliment the tremendous effort of their predecessor while raising the bar for their successors. Truly, no one student’s life has remained the same considering the level of push from the MTN Foundation; the initiative has emboldened them, sharpening their skills to compete with classical musicians from across the world. At their recent virtual graduation ceremony traditionally held a day after the concert, Director of the MTN Foundation, Dennis Okoro expressed gratitude to the MUSON School of Music for their continued partnership that has helped talented youths hone their skills. He said, “On behalf of the MTN family, I thank you all for entrusting us with your gift through this programme. We are honoured to be part of your success story and look forward to the great things you will achieve.� The vote of thanks did not start and end with the partners (MUSON and MTN Foundation), President of the MUSON Diploma Student’s Association (MUDISTA), Ayinde Felix Taiwo, gave the valedictory speech highlighting ways in which both bodies help propel their dreams from mere wishful thoughts to full-fledged classical musicians. In what can be termed a once in a lifetime opportunity, other members of the class of 2020, joined the virtual meeting via Zoom to mark the momentous occasion. The MUSON graduating class definitely showed a good performance. A testimony of the effective training they have received in the past two years.
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TUESDAY SEPTEMBER 22, 2020 •T H I S D AY
LAWYER
A
WEEKLY PULLOUT
Pr Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN
22.09.2020
NBA President, Olumide Akpata
CAN THE AGF AMEND THE RPC?
2/DASHBOARD
22.09.2020
LAWYER
A
WEEKLY PULLOUT
22.09.2020
Whether Sexual Intercourse with Consent of Thirteen Year Old Girl is Rape PAGE 4
Capital Market Lawyers Examine Opportunities to Improve Nigeria’s Health Sector Pr Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN
NBA President, Olumide Akpata
PAGE 5
CAN THE AGF AMEND THE RPC?
Glowing Tributes at Karibi-Whyte’s Service of Songs
QUOTABLES
PAGE 5
‘Why can’t we have time limits for all cases? Why can’t we put in place a rule that a criminal trial all the way to the Supreme Court, must not exceed 12 months in duration? Why can’t we do the same for civil cases, even if we say civil cases must not go beyond 15 months?’ Professor Yemi Osinbajo, SAN, Professor of Law, Vice President, Federal Republic of Nigeria ‘We have a Bar that is not only united, but is professional......We must not be divided on ethnic, religious or class segmentation. We are an Association that - one is for all, and all is for one.’ - Paul Usoro, SAN, Immediate Past President, Nigerian Bar Association
The Law and Economics of Electricity and Petroleum Prices Increase PAGE 6
Of Rape, Rapists and False Rape Peddlers (Part 4) PAGE 12
/3
22.09.2020
Of NBA Practice Rules, (Un)Stamp and S(t)eal! ‘Notorious RBG’! Rest in peace, Justice Ruth Bader Ginsburg (RBG), the second woman to sit on the Supreme Court of the United States of America - a strong advocate for women’s rights, and indeed, for fairness and equality for all. An Ivy League educated Lawyer, and an extremely sound Judge. Known for some of her dissenting opinions, one of the most famous being that of the case of Bush v Gore 531 U.S. 98 (2000) in which she opposed the majority decision which handed the election to George W Bush, on the ground that a recount of the votes in Florida was impractical. She referred to the majority decision as an ‘untested prophecy’, which ‘should not decide the Presidency of the United States’. Our hope is that, she will be replaced by someone equally as deserving of replacing her. May her soul rest in peace. Amen.
Fake “Barrister Chike” I remember as a young Lawyer, a client of mine, a Bank, wanted to purchase a piece of land located in Victoria Island, to situate its Head Office. We held several meetings with the Seller’s Lawyer. We once visited the Lawyer’s office, and I must admit, it was rather dingy. I wondered how a Lawyer in such a face-me-I-face-you building, secured such a wealthy client! One of the Bank’s staff who was handling the transaction with us, travelled home to his village which happened to be adjacent to the village of the Seller, and we agreed that he should pay a visit to the Seller, since he had been represented by the Lawyer throughout the negotiations, and no one had actually met him. To our shock and dismay, the Seller told the Bank staff that he had not instructed anyone to sell his property. In fact, when the Bank staff mentioned the name of the so-called Lawyer, “Barrister Chike” (as he fondly called himself), it turned out that he was a fake Lawyer, a ne’er do well who had connived with some unknown people/ relatives to sell the Owner’s land behind his back! Of course, in those days there was no stamp and seal, which would have been the quickest way to ascertain whether Barrister Chike was truly a legal practitioner on the Roll, and qualified to practice for that year. Stamp and Seal Be that as it may, the jury is still out on the usefulness or need for the stamp and seal. Some believe that even if Lawyers are constrained to use it, at least the first pack should come as part of the practising fees package, at no extra cost. Many insist that it is the fastest way to weed out fake Lawyers, curtail their activities and inject more sanity into the legal profession, while others disagree and argue that, not only has it not done much to stem the tide of fake Lawyers like Barrister Chike, it is an added cost burden on Lawyers, whose only purpose is to boost the NBA’s revenue; that it is also an inefficiently run system, as annually, Lawyers have to wait for months after payment to receive the stamp and seal - and they end up attaching receipts of payment of practicing fees to documents in lieu of the stamp and seal, until they are finally available for use. Section 2(1) of the LPA provides that subject to the provisions of the LPA, “a person shall be entitled to practice as a Barrister and Solicitor, if and only if, his name is on the Roll”, while Section 8(2) of the Legal Practitioners Act (LPA) gives legal practitioners the right of audience in any court, once their practicing fees have been paid. This means that the LPA recognises the payment of practicing fees, as the only precondition for a legal practitioner to be qualified to practice (apart from obviously having the necessary educational qualifications). See the case of Yaki v Bagudu 2015 18 N.W.L.R. Part 1491 Page 288, where the Supreme Court lent its support to the stamp and seal regime. See Section 3 of the Law Officers Act which allows certain law officers in Government employ, to practice without the payment of practising fees. The LPA was never amended to include Rule 10 of the Rules of Professional
Conduct 2007 (RPC), which makes the use of the stamp and seal mandatory, and deems all legal documents signed or filed without the affixation of the stamp and seal, improperly signed or filed. Amendment of the RPC: Matters Arising Recently, the Honourable Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN (AGF), President of the General Council of the Bar (GCB) by virtue of his position as AGF (Section 1(2)(a) LPA), issued a Statutory Instrument in which he purported to delete Rules 9(2), 10, 11, 12 and 13, under the Section A Practice as Legal Practitioner of the RPC. This move can be faulted, on several levels. First, the AGF does not have the powers to make the amendments unilaterally, as the Section 1(1) & (2) of the LPA vests the power of making regulations on the GCB, and not the AGF alone. Second, there is no evidence that a meeting of the GCB was convened and held, to deliberate upon the amendments before they were made. Though by virtue of Section 1(2)(a-c) of the LPA, there are 57 members of the GCB, while a quorum of the GCB is eight (Section 1(4) LPA), the LPA does not clearly state how GCB meetings should be held; however, it is implied that for there to be a quorum, there must be a meeting. Last week, we had five submissions on the amendment of the RPC, four claimed outrightly that the GCB never met, and that the amendment was a unilateral decision of the AGF. The fifth stated that there were consultations on the amendment, but admitted to not knowing how wide the consultations were. The question is, whether such consultations qualify as being sufficient enough power, to make the amendments. Certainly, the onus has shifted back to the AGF to prove that the LPA was strictly adhered to in amending the RPC; that a meeting was held, and at least eight members (quorum) present, assented to the amendments. Furthermore, Section 27(1) of the Interpretation Act requires that in such a body as the GCB which is established by statute and comprises of more than three persons, any act carried out by the body must be done by the majority or a quorum, and any instrument thereto must be executed by at least two people. Third, it was only the AGF that executed this particular Instrument, which is ultra vires his powers. Fourth, the deletion of Rule 9(2) on default of payment of practising fees, seems to violate Section 7(2) of the LPA which mandates the payment of practising fees, to be eligible to practice, at least for legal practitioners not in Government employ. Fifth, and more interesting, is the allegation against the AGF, that he made the RPC amendments to support and pave the way for the Northern proponents of the ‘New Nigerian
Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN
Bar Association’ (NNBA), and that he is also being supported by those who felt disgruntled by the outcome of the 2020 NBA elections, and are therefore, seeking to destabilise or fragment the NBA as a result of their disenchantment. While it is only the AGF (and the so-called disgruntled members of the NBA) that can confirm the reasons behind the stand taken, we can however, make some germane observations about the AGF’s latest move - it has the resultant effect of allowing any Lawyer in Nigeria to practice without being a member of the NBA. The consequence of the amendments, is that it erodes the monopoly which the NBA has enjoyed for the past 60 years, on the regulation of the legal profession and the practice of law in Nigeria. The truth of the matter is that, had the NBA not become somewhat disunited after the 2020 elections and the El Rufai saga, maybe this issue would not have arisen in the first place; maybe the AGF would not have been confident enough to go full throttle with these amendments under this cloud of non-consultation, even going as far as gazetting them ‘with immediate effect and automatic alacrity’, as Chief Eleyinmi of the Village Headmaster television series of those days would say! The unity and interest of the NBA which the Board of Trustees claimed that they were seeking to protect, in coming to their somewhat bizarre decision to uphold the 2020 elections despite all its flaws and lapses, seem to, nonetheless, be at stake now with these deletions from the RPC, because splinter groups can now be formed without having to be members of the NBA, unlike the sectional/ethnic Associations which are already in existence, but are offshoots and still part of the NBA. It is of no moment, that the NNBA may claim that it is not seceding from the NBA - if these amendments are tested in court and they stand, then be it the NNBA or any other group, there will no longer be a need to have any connection with the NBA, to be legal practitioners in Nigeria. Constitutionality Most importantly, the question as to the constitutionality of the rules that were deleted from the RPC vis-a-vis the provisions of Section 40 of the Constitution is crucial - that is, freedom of association to pursue your interests. Are rules like the ones that the AGF deleted from the RPC, which constrain Lawyers to be members of the NBA which is a voluntary Association, constitutional? I think not. One can only imagine that, this will be one of the issues that will be tried in court, in order to lay the matter to rest once and for all.
“ARE RULES LIKE THE ONES THAT THE AGF DELETED FROM THE RPC, WHICH CONSTRAIN LAWYERS TO BE MEMBERS OF THE NBA WHICH IS A VOLUNTARY ASSOCIATION, CONSTITUTIONAL? I THINK NOT”
Conclusion For now, until such a time that the AGF’s
amendments may be overturned by the courts, the position is simple - for those who choose to continue to use the stamp and seal like my humble self, so be it; and for those who do not want to, they now have the choice not to use it. Still yet, for those who do not want to be members of the NBA, they are no longer constrained to be - unless there is an injunction granted to maintain the status quo ante bellum, until the final determination of the case.
Late Justice Ruth Bader Ginsburg
I must say that I was quite amused, when I heard complaints that the AGF didn’t follow due process, and some of the quarters from which the complaints emanated from - ‘pot calling the kettle black’! Don’t people, including the NBA, just do as they please these days, constitution or not, rule of law or not? I had previously warned that the fallout from a questionable election where the rule of law was treated with outright contempt and blatant disregard by the highest levels of the NBA, would only lead to additional anarchy. Even if the speculations are true - that those who were disgruntled with the outcome of the election have teamed up with the AGF to make these amendments, thereby whittling down the powers of the NBA - so what? The spirit of the democratic dispensation which we are in, gives us that freedom of choice and association. If I am dissatisfied with an Association, I should have the right to leave, if I so desire. After all, the NBA is not a secret cult where anyone has taken a blood oath to be a life member - it is a voluntary organisation. All the same, there is something to be said for having uniform rules emanating from one body, that guides the conduct of a profession, especially in a complex country like ours, which has diverse standards. Hopefully, the AGF and the NBA, will come to a meaningful resolution.
4/LAW REPORT
Whether Sexual Intercourse with Consent of Thirteen Year Old Girl is Rape Facts The Appellant, who was a Police Officer, was alleged to have raped a thirteen year old daughter of his colleague, with force. He was therefore, arraigned before the High Court of the Federal Capital Territory, Abuja on a two count charge of rape contrary to Sections 282(1)(a)(b) and (c) and punishable under Section 283 of the Penal Code Law, as well as criminal force contrary to Section 265 of the Penal Code Law. The charge was read and explained to the Appellant, who pleaded not guilty. In proof of its case, the prosecution called four witnesses and tendered in evidence, the statements of the Prosecutrix, that of her father, and the Appellant’s statement. These were admitted in evidence, though the statement of the Appellant was subsequently expunged along with the evidence of PW 3, who was not available for cross-examination. At the end of the trial, the Appellant was found guilty as charged; he was sentenced to ten years imprisonment on the count of rape, and one-year imprisonment on the count of criminal force. The Appellant, who was aggrieved by the decision, appealed to the Court of Appeal. In its considered judgement, the appellate court dismissed the appeal and affirmed the judgement of the trial court. Still dissatisfied, the Appellant further appealed to the Supreme Court. Issue for Determination The sole issue for determination which the Apex Court considered was: Whether the lower court was right in affirming the decision of the trial court having regard to the evidence adduced at the trial, and if so, whether the sentences passed on the Appellant were not excessive.
Honourable Paul Adamu Galinje, JSC
In the Supreme Court of Nigeria Holden at Abuja On Friday, the 13th day of March, 2020 Before Their Lordships
Olabode Rhodes-Vivour Chima Centus Nweze Amina Adamu Augie Ejembi Eko Paul Adamu Galinje Justices, Supreme Court SC.662/2016 Between
Arguments … … Appellant In his argument, counsel for the Appellant submit- Eyong Idam ted that the Prosecution failed to prove the essential And elements of the offence of rape, which is penetration. … Respondent Counsel called in his aid, the authority of POSE v Federal Republic of Nigeria … STATE (2011) 2 NWLR (Pt. 1234) 393 at 416-417, (Lead Judgement delivered by Honourable Paul Adamu to buttress his submission, that where in a charge Galinje, JSC) of rape penetration of the vagina is not proved, the accused person will be discharged. Regarding the issue of sentence of ten years for the offence of rape and one year for criminal force, counsel argued that lowing ingredients must if she was his wife that sentence was excessive. The Appellant relied on EKPO be established – (i) that she had not attained v THE STATE (1982) NSCC 146 at 155 in support the accused person had puberty; and (iv) that of his submission that the trial Judge erred, when sexual intercourse with there was penetration of he failed to take into consideration the fact that the the woman in question; the vagina of the victim Appellant is a young first time offender who had (ii) that the act was no matter how slight by been dismissed from his employment, as a result done in circumstances the penis of the accused of this case. He argued further that, the trial court following under any one person. ought to have exercised its discretion in imposing a of the five paragraphs Going by the evidence minimal sentence which should commence running in Section 287(1) of the on record, the Prosecufrom 12th April, 2006 when his detention in prison Penal Code; (iii) that the tion established that the custody commenced. He invited the Supreme Court woman was not the wife Prosecutrix was less than to interfere with the exercise of discretion by the trial of the accused person; or fourteen years of age; court, and allow the appeal. Refuting the submissions above, counsel for the Respondent posited that the Prosecution established before the trial court, all the ingredients of the offence of rape. With respect to the submission on the sentence, counsel contended that the sentence was imposed by the trial court in exercise of its discretionary powers and an appellate court, the Supreme Court inclusive, can only interfere with such exercise, if it is shown that the trial court acted under a misconception of law “BY SECTION 282(1)(E) OF or under a misapprehension of facts NWADIO ABU v A.I.R.B.D.A. (2010) 19 NWLR (Pt. 1226) 364 THE PENAL CODE, SEXUAL at 381. He urged the court, to dismiss the appeal. Court’s Judgement and Rationale Deciding the appeal, the Supreme Court quoted the provisions of Sections 282 and 283 of the Penal Code and deciphering the provisions, held that for the Prosecution to prove the offence of rape, the fol-
INTERCOURSE WITH OR WITHOUT CONSENT OF A GIRL WHO IS UNDER FOURTEEN YEARS OF AGE, IS RAPE”
PW2, the father of the Prosecutrix, who had record of her birth, gave evidence that she was thirteen years old at the material time. By Section 282(1) (e) of the Penal Code, sexual intercourse with or without consent of a girl who is under fourteen years of age, is rape. The Appellant admitted under cross-examination that he had had sexual intercourse with the Prosecutrix more than six or seven times, before the incident leading to the charge for rape. Going by this admission, the question of penetration of the vagina of the Prosecutrix, was no longer in controversy. Further, the Prosecutrix gave evidence that she was raped, and this evidence was corroborated by that of the medical doctor who treated her while she was on admission at the Wuse General Hospital. The evidence of the Doctor from the examination conducted on the Prosecutrix, was to the effect that there was a fresh rim of hymen with a tear at the lower aspect of the vagina extending to the skin of the perineum. There was also blood observed in the vagina, and the area of laceration of the skin. Needless to say, that the Prosecution established the offence of rape by the Appellant. Regarding the issue of whether the Appellant used force, the Prosecutrix gave evidence that she went close to the Appellant who threatened her that, as a Mobile Police Officer (Mopol), he would kill her if she shouted. She was too scared to shout, while the Appellant pulled off her pant, pushed her to the ground and raped her. Pushing the Prosecutrix to the ground was clearly and act of criminal force. Having established that there was rape, any act of trespass to the body of the Prosecutrix in preparation to commit an offence, is clearly an act of criminal force as provided for under Section 263 of the Penal Code. It follows that, the Appellant committed criminal force against the Prosecutrix. On the issue sentence, their Lordships held that imposition of sentence by the trial court was purely a matter of discretion, which must be exercised judicially and judiciously at all time. Where however, judicial discretion has been exercised bona fide uninfluenced by irrelevant considerations and not arbitrarily or illegally by the court, the general rule is that the appellate court will not interfere. By Section 283 of the Penal Code, the punishment for rape is life imprisonment and a mandatory sentence of fine. The trial court, in this instance, imposed a sentence of ten years imprisonment, and left out the mandatory fine. The Apex Court held that the trial court was quite magnanimous and lenient with the sentence imposed, which was affirmed by the Court of Appeal. There is nothing on record to show that these findings were perverse, for the Supreme Court to interfere therewith. It would amount to turning justice on its head, for the Supreme Court to disturb the concurrent findings of the two lower courts in this instance. More so, the Appellant was a Policeman, who was supposed to protect a young girl, 13 years of age; instead, he abused his office and the trust reposed on him, by raping her. Appeal Dismissed. Representation G.O. Adih, Esq. for the Appellant/Applicant. Ibrahim Angulu Esq. with Nureni Usman for the Respondent. Reported by Optimum Publishers Limited, Publishers of Nigerian Monthly Law Reports (NMLR)
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Capital Market Lawyers Examine Opportunities to Improve Nigeria’s Health Sector Experts in the capital market, the legal profession and the health sector, have said opportunities in the capital market can be leveraged, to help improve Nigeria’s health sector. These insights are coming, at a time when Covid-19 has exposed Nigeria’s weak and underfunded health care sector. Experts also suggested that the capital market is one of the best instruments, to help fund the health sector in Nigeria. Speaking at the 2020 Capital Market Solicitors Association (CMSA) Virtual Annual Business Luncheon, Lamido Yuguda, Director General, Securities and Exchange Commission, said the health sector has been grossly underfunded and Covid-19 has exposed this. Yuguda said the health care sector is in need of infrastructure and manpower, adding that the sector needs investment from the public and private sectors. He further explained that infrastructure ÀQDQFLQJ RI WKH KHDOWK FDUH sector requires long term
Ă€QDQFLQJ DQG WKH FDSLWDO market will be able to fund Nigeria’s health care. During his Keynote address, Olabode Agusto, Chairman, Advisory Board of First Cardiology Consultants, said the biggest risk that the pool of savings will IDFH LV LQĂ DWLRQ ULVN DQG this is because the longWHUP UDWH RI LQĂ DWLRQ RQ WKH Nigerian Naira is about 12 percent per annum. Agusto said this means that, savings held in Naira and debts that will EH UHSDLG LQ Ă€[HG 1DLUD terms, will lose purchasing power at about 12 percent per annum, adding that it also means that the returns earned from investing the pool of savings (net of costs) must be at least 12 percent per annum, to protect the buying power of the savings. “Finally, premiums must also be adjusted, at least, DQQXDOO\ WR UHĂ HFW WKH purchasing power of the Naira. The bulk of the monies saved to pay for healthcare will be invested WHPSRUDULO\ LQ Ă€[HG LQFRPH
instruments (i.e. lent to the Federal Government, State Governments, banks and credit worthy companies in the real sector).� He suggested that the capital markets can help improve the health care sector, by using contributions from these debates to come XS ZLWK WKH ÀQDO KHDOWKFDUH model for Nigeria, draft the relevant bills and regulations and get them passed. Speaking earlier at the event, Benjamin Obidegwu, the Chairman, Capital Market Solicitors Association (CMSA), said this year, the Covid-19 pandemic exposed, to a very large extent, the huge infrastructure GHÀFLW WKH FRXQWU\ KDV LQ its health sector, primarily because of lack of funds, the greater part of which comes from the government. He said this year’s conference therefore, was aimed at broadening the perspectives of the Nigerian healthcare sector, through discussions on access to the ÀQDQFLDO RSSRUWXQLWLHV LQ the capital market.
L-R: Kehinde Daodu, Member, Capital Market Solicitors Association (CMSA); Efeomo Olotu, Chair, Planning Committee, CMSA 2020 Virtual Annual Business Luncheon Conference; Benjamin Obidegwu, Chairman, CMSA; Edefe Ojomo, Partner, George Etomi and Partners, and Adeleke Alex-Adedipe, Member Planning Committee, CMSA 2020 Virtual Annual Business Luncheon Conference, at the CMSA 2020 Virtual Annual Business Luncheon Conference
“To ensure that we have an engaging and robust discussion, we assembled a team of highly experienced industry practitioners in the health sector, and capital market operators to share their experience with us�, he said. During her welcome address, Efeomo Olotu, Chair, Annual Business Luncheon and Partner,
George Etomi & Partners, said this year, they decided that discussions will focus on the current climate in the Nigerian health sector following the Covid-19 pandemic, and the role expected of the capital market in creating pathways in strengthening the stunted health sector through easy access to capital, in resolving the
prevalent challenges against affordability, accessibility, liquidity and funding. Olotu said the opportunity afforded by digital technology in reaching a wider audience who hold a similar interest in capital market operations, adding that 1,200 attendees registered for the event as against 400-500 participants at past annual events.
Glowing Tributes at Karibi-Whyte’s Service of Songs The family of the late Supreme Court Justice, Adolphus Karibi-Whyte, held a service of songs for him last Thursday at the Church of Nativity, Parkview Estate, Lagos. Friends and family members of the late jurist paid glowing tributes to him, acknowledging him as one of Nigeria’s most LOOXVWULRXV MXGLFLDO RIĂ€FHUV In attendance at the event were late jusrist’s children led by his son, Mr. Dagogo Karibi-Whyte, notable Lawyers and Judges, including Chief Olakurin, SAN, Mr. George Etomi, Chuka Agbu, SAN, former NBA President, Augustine Alegeh, SAN. Former Petroleum Minister, Mr. Odein Ajumogobia, SAN, said of him, ‘although most of his judgements were dissenting, Parliament changed the laws following his judgements, even when he dissents from the other six Justices.
‘He was a Professor of law at the University of Lagos, before going to the Bench, and he was very Godly. ‘He had an uncommon sense of humour.’ ‘Factories that produced his types no longer exist.’ Also, former Rivers State Governor and Minister of Transport, Hon. Rotimi Amaechi, said KaribiWhyte JSC was very honest and sincere in his entire professional and family life. Chief Tonye-Cole said, ‘He taught us about integrity. He gave us a feel, of what it meant to be in the Judiciary. He lifted us up and taught us what it meant to defend the integrity of the country’. For former NBA President, Paul Usoro, SAN, ‘You must be exceptional, for Nigeria to recognise you. He was exceptional as a Judge, and as a Professor of law. He made us feel proud’.
NBA President, Mr. Olumide Akpata, said, ‘I consider myself privileged to have known KaribiWhyte in his life, as I grew up with his children’. His son in-law, former Attorney-General of Edo State, Chief Charles Edosonwan, SAN, in his tribute said, ‘It’s hard to deal with the loss of Justice Adolphous Godwin KaribiWhyte, for one wished he could have gone on living forever. However, life is such that none lives forever, and like all mortals, he had to go one day, his day being 22nd May, 2020. He was eighty-eight, but still a blow, his passing. ‘Married to Tonye, his dear darling daughter, just like all his children, I called him “Dad� to his face or “The Old Boy� away from him. Larger than life, that he was to the outside world; he wasn’t the big man at home, but a taciturn
L-R: Former NBA President, Mr. Paul Usoro SAN, former Petroleum Minister, Mr. Odein Ajumogobia SAN, former Edo State Attorney-General, Chief Charles Uwensuyi Edosomwan SAN, former NBA President, Mr. Augustine Alegeh SAN, and NBA President, Mr. Olumide Akpata
soft spoken patriarch to his family members; Dad to us his children and children-in-law, and simply “Adol� to Mummy – Mrs. Faith Asrame KaribiWhyte nee Bob-Manuel. Many others within the family referred to him simply as “Uncle Adol�, which is far away from the formal Judge (Justice Dr Sir Chief) Adolphous Godwin Karibi-Whyte JSC (Ret) CON, CFR, and many other epaulettes that announced him to the
world, as a man of global acclaim with uncommon achievements.’ ‘His whole life in its history taught so many lessons, for his children and mentees to draw from. For a husband, he sustained that relationship with Mummy for sixty years, without stress. Ask Mummy, and she will gladly tell you that she had a heavenly marriage in which no third party ever interfered, or successfully intruded for all the sixty
years they were married. He was inseparable from his wife, and dotted on her to no end. They went everywhere together, and did everything together. For a father, he was a complete one that was present in the lives of all his children, including ones of the extended family regarding which he assumed paternal duties and care. He was kind and VHOà HVV LQ KLV SURYLVLRQ RI care, to those that came to him in need.’
Estate of Late Oba Afolabi James: Witness Denies Fraud Allegation as alleged in counts six and seven of the criminal An Ikeja Special Offences charge. "There was a transfer Court, Lagos, heard from a witness, Afolabi Kazeem, of N150 million into the the Personal Assistant/ account of Komaj Nigeria Manager to Semasa James, /WG WKH ÀUVW 'HIHQGDQW¡V a Badagry Prince accused company), and some of that of defrauding his 26 sib- money went back to the lings of their N500million estate's account", he said. Denying any impropriety inheritance, who denied aiding the alleged fraud. in the alleged theft of N150 Kazeem while being led million, he said that the in evidence by defence cheques worth N300million counsel, Mr. Martins from the sale of a property Oyingbo, told the court located at Dideolu Estate that he was involved in in Lagos, were received in the disbursement of funds the presence of another administrator, Mrs. Mausi from the estate. "As relates with the estate, Alakija. He noted that the funds by virtue of the type of work I do with Mr. James realised from the sale, were WKH ÀUVW 'HIHQGDQW WKH also paid into the estate children come to me and account. Under cross-examination I disburse funds from the by the Prosecutor for the estate", he said. The witness also went Police Special Fraud Unit further to deny stealing (SFU), Mr Oluwafemi N150 million for himself Olabisi, the prosecution or anyone from the estate, stated that in August 2016, Peter Taiwo
a number of withdrawals ranging from N100,000 to N700,000 were made from the estate account to Kazeem's personal account, under the guise of estate expenses. When questioned about how N30 million was allegedly mysteriously withdrawn from the estate's account, Kazeem said the money was given to the ÀUVW 'HIHQGDQW DQG 0UV Mausi Alakija, who are both the estate's administrators. Giving account of N2 million he received from the coffers of the estate, Kazeem said the money was for work done in respect of the Dideolu Estate property that was sold for N300 million on April 20, 2017. Justice Oluwatoyin Taiwo adjourned the trial until September 24, for continuation of trial.
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The Law and Economics of Electricity and Petroleum Prices Increase
This article by Dr Sam Amadi thoroughly examines the recent increase in electricity tariffs by the Federal Government, and the removal of the fuel subsidy which has also resulted in an increase in the price of petrol, during the Covid-19 pandemic which has had an adverse impact on the national economy and Nigerians as a whole, while discussing the roles of major players like the DISCOs, and correcting certain misconceptions about the effectiveness and profitability of privatisation
R
ecent weeks have been dominated by stories of protests by various civil society and professional groups against the recent increases in prices of electricity and petrol across Nigeria. The Nigerian government announced a general increase of electricity tariff, for most electricity consumers. This review has been much delayed and postponed, because of fear of opposition from civil society groups and labour organisations, and concerns about the ravages of the Covid-19 pandemic. Before the news of the general tariff increase could sink in, the government announced removal of petroleum subsidy and increase pump price for petrol. These are major policy shifts, which have tremendous implications for the economy and social and economic wellbeing of Nigerian citizens and residents. These policy shifts are greeted by contentions amongst proponents of so-called free market, and their antagonists. As expected, there is a lot exaggeration and misstatements on both sides. The critical question, is whether the government was right in increasing the prices of these essential commodities at this time of the pandemic, and its adverse impact on national economy and household income and welfare. MYTO and Access to Affordable, Adequate and Reliable Electricity Services The justification for the increase in the electricity tariff, is that it is the only way to save the sector from collapse and ensure access to reliable, adequate, and affordable electricity. The economic argument is that electricity tariffs in Nigeria are prohibitively low, such that there is no real chance of significant investment either from the operators or external investors, and no realistic chance of improvement in quality and quantity of service. The case for a tariff system that will encourage investment and improvement in the quality of electrical services, is centred around the mythical ‘cost-reflective tariff’. This phrase is bandied about, in a manner that suggests it is a magical bullet that solves all the problems in the sector. The truth is that a ‘cost-reflective’ tariff, is just one of the important pieces of a possible multifaceted solution to the near collapse of the sector. The reform started with the standard toolkits of neoliberal reforms: an ‘independent’ regulator, unbundling of generation from transmission and distribution; unbundling of policymaking and regulation, and enactment of a law incorporating these strategic changes. That law- the Electric Power Sector Reform Act (EPSR) Act, 2005, provided for a ‘cost-reflective’ tariff. It mandates the regulator-Nigerian Electricity Regulatory Commission (NERC)- to allow an efficient operator to recover all prudent costs. Section 32(1)d mandates NERC to “ensure that prices charged by Licensees are fair to consumers, and are sufficient to allow the Licensees to finance their activities and to allow for reasonable earnings for efficient operation”. Part of NERC’s responsibility is to ensure such recovery of costs and establish a regulatory framework that prices of electricity services in Nigeria are ‘just and fair’ and ‘just and reasonable’. This statutory duty calls for a methodology, for pricing of electricity services. In 2009, NERC developed a methodology for the pricing of electrical services in Nigeria whose hallmark is the Multiyear Tariff Order- MYTO. As its name suggests, it lay out the tariffs that operators will collect from consumers over a period of years. The order is a subsidiary legislation that has the force of law. The logic of the MYTO is that even as electricity services are public goods (some would say, ‘impure public good’), they remain products whose costs would need to be recovered. The producer needs to cover its costs, and approved return on invested capital. The logic of MYTO is also that the sustainability of production, means that cost recovery needs to be guaranteed by law over a long period that aligns with the tenure of borrowed funds and depreciation of assets. MYTO sets tariffs for the three electricity sectors based on certain principles and assumptions, namely: Cost recovery/financial viability-licensees recover efficient costs, including a reasonable return on capital; Signals for investment- tariffs should encourage an efficient level and nature of investment (e.g., location); Certainty and stability of the tariff framework enables private sector investment; Efficient use of the network- tariffs should reflect the marginal costs that users impose on the system, influence efficient use and reduce cross-subsidies; Allocation of risk- the tariff framework should allocate risks efficiently to those best placed to manage them. Risks such as Operational Risks, Financial Risks (interest, currency, Payment Risks, Business Risks etc). In implementing the MYTO, the regulator has to protect consumers interest by ensuring availability of affordable supply of electricity; reliable and safe supply of electricity; protection from exploitation by operators; participation, consultation and transparency in all activities of the regulator and operators; prompt response to customers issues and complaints; above all, value for money.
Minister of Power, Engr. Mamman Saleh
In achieving balance between operators and customers interests, the regulator operationalises MYTO through key principles like Simplicity and cost-effectiveness – the framework should be simple and not costly to implement; Incentives for improving performance – it should incentivise cost reduction and quality of service; Transparency/fairness – it should be transparent and ensure open access to monopoly networks; Flexibility/ robustness – it should cater to unforeseen changes in the market; Social and political objectives – it should provide for the achievement of social goals such as, affordability, universal access and demand-side management. These principles, models and framework reveal that MYTO is a scientific formula, to the extent it is based on predictable inputs that are not discretional. When prices change, there are justifiable reasons for the change. The MYTO makes provision for annual minor reviews to index changes in inflation, foreign exchange, cost of gas and available generation. If these variables cumulatively are + or – 5% then, the prices would be re-indexed. The major review takes place when the entire cost structure of the tariff needs drastic review, either due to major changes in cost efficiency frontiers or when new investments had been or are about to be made. The major advantage of MYTO is that it provides a framework for bringing together all industry costs together, in a manner that assures that tariff represents the true costs of production.
“THE PROBLEM IS THAT, THE QUALITY OF SERVICE IS EXTREMELY POOR WITH MORE THAN 45% OF CUSTOMERS NOT METERED, AND THEREFORE, SUBJECTED TO MASSIVE PRICE GORGING. ALSO, THERE ARE FREQUENT AND LONG OUTAGES IN POWER SUPPLY, SUCH THAT THE SITUATION IS BEST DESCRIBED AS PAYING MORE FOR LESS. IN THESE CONTEXTS, ASKING CUSTOMERS TO PAY MORE SEEMS LIKE GRAVE INJUSTICE....”
Price regulation in the electricity sector, is not just about science. It is also an art. This requires strategic decision-making, that considers the political economy of the country. First, is that the EPSR allows recovery of cost to an operator only on the basis that it is an efficient operator, and the costs are prudently incurred. The regulator should not allow recovery for inefficiently incurred costs. That will not be incentive regulation. The problem is that, incentive regulation assumes that the regulator has the capacity to see through the cost structure of the operators. Typically, regulators suffer from information asymmetry, and relay on costs supplied by operators. The problem with the MYTO and the cost reflective tariff, is that their probative value is based on the assumption that the costs that regulators pass to consumers are costs that are prudently incurred, and not costs that are either irrelevant and over bloated. It is because of this problem that, in 2014, as Chairman of NERC, I refused to pass what is labelled as ‘collection losses’ to consumers, unless the distribution companies justified such costs. This was politicised. But, that is the problem. The equation of ‘just and fair’ tariff cannot balance, until the regulator develops the capacity to subject the costs structure of the industry to effective prudence check. So far, we are not yet there. Another strategic consideration for tariff-making in the context of the MYTO, is that the regulator may not allow the operator to recover all the costs, even if they are prudent, because of their larger socio-economic impact. What is required is the credibility of the methodology, and regulatory assurance that the deferred revenue will be recovered in a specified period when conditions improve. But, this presumes that the operators can finance operational and maintenance costs and capital investment with borrowing, while awaiting recovery. But, with the financial insolvency of the investors in the Nigerian electricity market, such deferred recovery means deferred improvement in electricity supply. So, the regulator is minded to ensure near immediate recovery of costs. This worsens as Aggregate Technical, Commercial and Collection (ATCC) losses increase, and thereby, make production and supply of electricity expensive. Also, the regulator has the obligation to ensure availability and affordability of electricity supply. This requires first balancing of tariff between various classes of customers, based on costs of serving each customer class and ability to pay. In some countries, strategic consideration tilts the balance in favour of industry consumers. In Nigeria, the balance tilts toward residential consumers. But, more important, the regulator uses tariff as an incentive for enhanced performance. Tariff increases should be benchmarked, to verifiable improvements in power supply. This partly explains why the NERC has themed the recent tariff increase, as ‘Service-Level Tariff’. But, the question is whether this is not just an appellation. Can the regulator guarantee that all those whose tariffs have increased (more than 60% in most service jurisdictions), receive more than 12 hours daily power supply? Doubtful. Economics and the Science of Reform Failure The problem with the tariff increase, is not that the prices are not justified by increases in cost of production. Clearly, the tariff structure in Nigeria’s electricity market does not align with the cost structure. There is a massive under-recovery arising from a depressed tariff structure, and massive collection losses. These debts go back to the public sector, and further damage the prospect of more investment to improve the electricity supply. Poor electricity supply aggravates revenue shortfall, which further discourages smart investment in the sector. This is a vicious circle. The tariff increase is targeted as breaking an important chain in this vicious circle. The problem is that, the quality of service is extremely poor with more than 45% of customers not metered, and therefore, subjected to massive price gorging. Also, there are frequent and long outages in power supply, such that the situation is best described as paying more for less. In these contexts, asking customers to pay more seems like grave injustice and a violation of the ‘operator-consumer-regulator’ compact in the EPSR. The beginning of understanding the hysteria over tariff increase, begins with understanding the structure of Nigeria’s electricity industry. Since 2013, the Nigerian electricity industry has become largely a private electricity market, on account of the privatisation of the 11 distribution companies and the 6 generation companies. This continued with the reform that ushered the liberalisation of generation and commercialisation of the entire sector. Reform is headlined, by unbundling and privatisation of the previously vertically integrated industry. This reform is part of the neoliberal economic orthodoxy that swept through the world, especially developing countries in the 1980s and 1990. This orthodoxy is premised on the ideology cont'd on page 7
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THE LAW AND ECONOMICS OF ELECTRICITY AND PETROLEUM PRICES INCREASE “.....ABOUT THE GAINS OF PRIVATISATION. THE ASSUMPTION OF EFFICIENCY POSTPRIVATISATION, MAY END AS JUST ASSUMPTIONS. THIS IS BECAUSE, MERE CHANGE OF OWNERSHIP DOES NOT LEAD TO IMPROVEMENT IN EFFICIENCY”
cont'd from page 6
that the State ought not to be involved in economic activities, except as merely a regulator. In its World Development Report (1991), the World Bank articulated the classical view about neoliberal economic model in these terms: “Intervene reluctantly: let market s work, unless it is demonstrably better to step in… (it) is usually a mistake for the State to carry our physical production, to protect the domestics production of a good that can be imported more cheaply and whose local production offers few spillovers benefits. Apply checks and balances: put interventions continually to the discipline of international and domestic markets. intervene openly: Make interventions simply, transparent and subject to rules rather than official discretion”. This orthodoxy influenced the diagnosis of the collapse of the electricity industry in the National Electric Power Policy (NEPP) as mostly the result of public monopoly, and the solution largely about divestment of public ownership of electricity assets. Privatisation became the magic bullet. Although the NEPP provided for commercialisation and corporatisation as preludes to complete privatisation, the Presidential Roadmap on Power in 2010 premised the recovery of the sector on privatisation. In its ideological commitment on privatisation, the Roadmap gave short shrift to corporate reform and enhancement of regulatory and business environment before privatisation. Of course, this was a misdiagnosis. Its ideological simplicity misdirected efforts at reforming the electricity sector and culminated in a hasty privatisation that results in a distressed sector post-privatisation. Of course, privatisation was oversold. As Chairman of the regulator commission, I fell out with Minister of Power and the DG of BPE for expressing the need for caution, arguing that privatisation is a tricky proposition, especially when it is combined with acute scarcity of the product and underdeveloped policy and regulatory institutional capacity. There was nothing original in this insight. Nobel laureate in Economics, Joseph Stiglitz famously argued that, privatisation is rarely done well. This is not just about the methodology of privatisation. But, also, about the gains of privatisation. The assumption of efficiency post-privatisation, may end as just assumptions. This is because, mere change of ownership does not lead to improvement in efficiency. Adam Przeworski and his colleague argue thus: “the hopes attached to privatisation are based on four mistaken assumptions: (1) that private ownership will itself solve the principal-agent problems, forcing manager to maximise profit; (2) that the market is a source of incentives for employees, rather than information to managers; (3) that enough capital would be forthcoming to infuse investment into newly privatised firms, and (4) that privatisation will automatically bring forth managerial skills to run large firms, in a market environment” (Adam Przeworski et al, “Privatisation and Its Alternatives” in Sustainable Democracy (1995) Cambridge University Press, page 94). This best describes the mistaken diagnosis of the Nigerian power sector reform, and its poor results. Change of ownership has not resulted in significant change management strategies; we are not witnessing massive infusion of capital to finance needed maintenance and expansion investments; and we are not seeing dynamic efficiency gains. The result is stasis or even regression, in critical benchmarks of quality supply. The problem with failed privatisation as in the Nigerian case, is that it will lead to increase in prices without increase in access and improvement in electricity supply. This would be a double tragedy. Consumers will pay more and usually for less. This is not unique to Nigeria. Analysing the effects of privatisation in Britain, Massimo Florio notes that “Before privatisation, in 1985, the average (unweighted) tariff for a typical domestic user of the 12 RECs and the two Scottish companies was 6.17 pence per kWh. The minimum tariff was 5.59 (Scotland), and the maximum was 6.47 (South Wales). Three years after privatisation, in 1993, the average tariff was 8.76 pence per kWh., with a minimum of 8.35 (Scottish Power) and a maximum of 9.95 pence (South Western)”. Although privatisation led to increase, Florio argues that “The main conclusion of my study is that privatisation had more modest effects on efficiency, than the theories of property rights and other orthodox privatisation theories may have expected. On the other hand, privatisation did have substantial regressive effect on the distribution of incomes and wealth in the United Kingdom”. Privatisation pressures tariffs to go up. The problem is that, it does not in the short to medium terms lead to significant improvement in social welfare for citizens, whether in terms of affordability, availability, and reliability of electrical services. It may actually have the effect of increasing welfare losses and income inequality, and cascade negatively on sustainable economic growth. Underconsumption of electricity by small and medium enterprises will retard economic recovery postCOVID-19, and high tariff, if not properly regulated, could lead to higher inflation and trade deficit as Nigerian manufacturers become less competitive. Tariff Increase and the Rule of Law: The major argument for tariff review, is that operators need to be made whole. When the cost profiles of the industry change because of exogenous and endogenous factors, the tariff structure should move accordingly. This applies to both electricity and petroleum products. These are impure public good. This means that unlike perfect public good, their consumption is rivalrous and excludable. But, unlike private goods, they are largely price inelastic, meaning that increase in their prices does not necessarily lead to less consumption, as in other private goods. Adequate consumption of electricity
Dr. Sam Amadi
for all categories of citizens, is a public good that government should ensure. Access to petrol, has implications for economic development and social stability. So, the resort to market forces to determine their pricing may make economic sense. But, in some circumstances, it may not make much social sense. The impact of constrained consumption arising from lack of affordability, could be economically and social ruinous from a public sector point of view. For the deregulation of the downstream petroleum sector, the conditions precedent for such policy are not in place. We do not have local refining capability, such that costs will be reasonable. The foreign exchange market is not transparent, and there is no infrastructure to lower costs of transportation in the fluidity of market prices. How would government achieve its constitutional responsibilities, if it migrates to full market pricing without these precedential infrastructures? Obviously, the subsidy administration in the electricity and oil and gas sectors are inefficient, and not impacting positively on poverty reduction and inequality. Many rich persons are capturing these subsidies, and imposing costs on government. These costs arguably restrict the ability of government to make investment, in human and physical infrastructure. This is a theoretic justification of the removal of subsidy in these sectors and consequent price increases in electric power and petrol. The problem is the failure of governance makes such resort to market pricing problematic. They could undermine the social and economic welfare, of the millions of poor Nigerians. By the Nation Bureau of Statistics (NBS) conservative estimation, more than 40% of Nigerians are extremely poor. The World Poverty Clocks suggests that, about 100 million Nigerians are extremely poor. This number is increasing daily with the near collapse of livelihood support system in the context of COVID-19 pandemic and severe insecurity, especially in the north of Nigeria. How will the government achieve the constitutional obligation of good governance, in these circumstances? What social justice imperatives should guide policymaking regarding pricing of these essential products? We can source the answer from Section 16 of the Constitution, which is part of what we is commonly referred to as ‘Fundamental Objectives and Directive Principles of State Policy’ in Chapter 2. Section 16 states as follows: “The State shall, within the context of the ideals and objectives for which provisions are made in this Constitution – (a) harness the resources of the nation and promote national prosperity and an efficient, a dynamic and self-reliant economy (sic); (b) control the national economy in such a manner as to secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity; (c) without prejudice to its right to operate or participate in areas of the economy, other than the major sectors of the economy, manage and operate the major sectors of the economy”. Buried in this section are four social justice imperatives, for managing the national economy. The first is the ‘growth imperative’. The constitution commits the managers of the economy (policymakers and regulators) to manage the economy, in such a manner to promote efficiency, dynamism, and self-reliance. This sums up in the idea of economic growth. Efficiency -dynamic and productive efficiency is the driver. The next imperative for managing the economy is ‘the social justice’ imperative. As I have argued elsewhere, “The second aspect of Section 16 relates to a commitment to ensure that the management of the national economy leads to social justice and equity. The Constitution proclaims the equality of status and opportunity to access the basic structure of justice – what in the language of modern liberalism is called “basic social goods” or “basic structure of justice”. This second commitment, is called “the social justice imperative” of the national economy. What I call “the social justice imperative”, is based on the concept of equality or equal regard. The sort of equality envisaged in the directive principle of state policy, is one that provides equal
opportunity for all citizens to “maximise welfare, freedom and happiness” (see Sam Amadi, “Doing it Right: A Rule of Law Critique of Privatisation Methodology in Nigeria” AFE BABALOLA UNIVERSITY: J. OF SUST. DEV. LAW & POLICY VOL. 10: 1: 2019). The third, fourth and fifth imperatives are the ‘state regulatory’ imperative, which requires that notwithstanding the economic model adopted by the government, the economy must be regulated in a manner that ensures orderly development and equality before the law, the equality imperatives which prescribed near equalitarian outcomes and the ‘planned economy’ imperative which requires that the national economy be planned through institutional framework. All these imperatives are part of the constitutional definition of the framework, for managing the national economy. So, the choice of models and selection of policies, should consider these implications for realising these imperatives in chapter 2 of the constitution. Another important consideration for price increase in the regulated electricity market, is that the prices must be ‘fair and just’ or ‘just and reasonable’. What is a ‘just and reasonable’ tariff increase? What should the regulator or the court consider in determining a tariff increase is ‘just and fair’ and ‘just and reasonable’? If a regulator does not have credible control and information on how a utility incurs costs, and cannot be certain that the cost structure and profile of the utility are prudent and efficient, does it have justification to pass those on to customers as ‘just and reasonable’ costs? Alfred Kahn, the doyen of utility regulation argues that, the regulator must insist on scrutinising utilities’ costs, even to the point of controlling “company expenditure in advance, supervising and passing on their budgets” (Alfred Kahn, The Economics of Regulation: Principles and Institutions, MIT Press 1988). This is necessary because, according to him, companies have incentives to increase their cost and suppress their profit. The behaviour of the regulated company is to deceive the regulators on its costs, in order to recover more than it deserves. So, prices cannot be reasonable if there are no fraud-proof methodology for the regulator, to review and verify these costs. Those who provide services need to be compensated for costs, and rewarded for business risks. As along as those rewarded are approved by a regulator that applies a credible methodology that scrutinises costs and detects unreasonable and inefficient costs, then the courts will allow it. So says the US Supreme Court, as far back as 1944 in Federal Power Commission v Hope Natural Gas Co. 920. U.S. 591 (1944). Conclusion There is no doubt that we need a competitive electricity market to ensure adequate, reliable, and affordable electricity. The Nigerian electricity market is far from competitive. But, effective regulation will help a lot towards transitioning to a competitive electricity market. Privatisation is not competition. Regulation tries to stimulate the benefits of competition. So far so bad, or not too good. It will take a great effort consistently over some period, to achieve the goal of the reform. But, privatisation so far, has not helped much. The failure of privatisation in the short to medium term, is making it difficult to make a convincing case for the needed tariff review, because quality of service is not improving. Nevertheless, allowing for commercial tariff will be helpful, as long as we are effectively reforming the sector, such that operators are becoming more efficient, and poverty is not aggravating due to underconsumption of essential services. The resort to market pricing should be more strategic, so it ties to a more efficient public sector intervention in the whole of the economy. Market pricing is not the solution to a trapped economy, like Nigeria’s. It is just one, perhaps, insignificant piece of getting institutions right for economic and social development in Nigeria. Dr Sam Amadi Ph.D & LLM (Harvard), former Chairman, Nigerian Electricity Regulatory Commission (NERC)
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Can the AGF
The controversy arising from the purported unilateral amendment of the Rules of Professional Conduct for Lawyers 2007 (RPC) by the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, is not likely to die down soon. There have been arguments and counter-arguments as to who has the authority to amend the rules, and whether due process was followed, especially given the fact that the immediate developments leading to the decision to amend the rules are rather uncomplimentary and unsavoury. There are allegations that the decision arose from questionable motives, where Lawyers from a section of the country purportedly sought to create a splinter group. Others allege that, what some perceive to be the undesirable outcome of the just concluded NBA elections, could also be responsible for the purported amendments. These are the issues addressed in this Crossfire between Dr. Kayode Ajulo, Sylvester Udemezue, Oliver Omoredia and Raymond Nkannebe
It is Uncharitable to Crucify AGF on the Purported Amended RPC for Lawyers ‘The AGF Consulted Before Amending’ - Dr Kayode Ajulo
T
here is no doubt that recent incidents in the Nigerian Bar Association which include the formation of facsimile bodies of legal practitioners, seem to reveal that the NBA is going through a turbulent and unprecedented time. These developments have generated hues and hubris, from different quarters and strata. What seems to be the last straw that broke the camel’s back, is the amendment of the some provisions of the Rules of Professional Conduct for Legal Practitioners (RPC) by the Attorney-General of the Federation (AGF). Needless to say that the air is thick with raging, reactions, reprimands, all kinds of anathema and diatribe from political pundits, lackeys and constitutional legal minds. This is looking very much like another season of imperceptibleness, for the noble profession. The Legal Practitioners Act However, in order not to throw out the baby with the bath water, and without prejudice to the rationale for the amendment of the Rules by the AGF, it is important to pensively consider the powers so conferred on him by virtue of Sections 1 and 12(4) of the Legal Practitioners Act and other relevant provisions. Section 1 of the Legal Practitioners Act 2004 as amended, establishes the General Council of the Bar. By virtue of Section 1 of the Act, the quorum of the Bar Council shall be eight, and the Council may make standing orders regulating procedure and proceedings of the Council. The composition of the General Council of the Bar includes the Attorney General of the Federation as the President, the Attorneys-General of the States, and twenty members of the Bar. One of the functions of the General Council of the Bar as indicated in Section 12(4) of the Legal Practitioners Act, 2004, is as follows: “It shall be the duty of the Bar Council to make rules from time to time on professional conduct in the legal profession and cause such rules to be published in the Gazette and distributed to all the branches of the Association”. Consultations Be that as it may, my attention has been drawn to the statements accredited to the President of the Nigerian Bar Association, to the effect that there were no consultations or
Whereas, the insiders know better, it is about politics and law, as in perception and reality. The AGF by implication, has indicated that the purpose of the amendment is to bring the Rules in conformity with the Constitution of the Federal Republic of Nigeria, which clearly guarantees freedom of association, and there have been agitations for several decades on the need to disband the monopoly wielded by the NBA, which I strongly believe is a step in the right direction. Moreso, hundreds of facsimile Bar Associations such as the Christian Lawyers Fellowship of Nigeria (CLASFON), Muslim Lawyers Association of Nigeria (MULAN), Egbe Amofin, the Nigerian Lawyers Association (NLA), Association of Lawyers with Disabilities in Nigeria and many more exist. One is therefore, left with an unresolved question as to the reason for the repartee and backlash against the person of the AGF for allegedly amending the Rules of Professional Conduct, on the heels of tribalism and ethnic favouritism.
Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN
notice to the members of the Association by the AGF, prior to the purported amendment of the Rules of the RPC. Contrariwise, Niyi Akintola, SAN, who is a member of the General Council of the Bar has corrected the said notion, by stating
“THE AGF BY IMPLICATION, HAS INDICATED THAT THE PURPOSE OF THE AMENDMENT IS TO BRING THE RULES IN CONFORMITY WITH THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, WHICH CLEARLY GUARANTEES FREEDOM OF ASSOCIATION......”
that consultations were duly made by the AGF prior to the amendment of the Rules. It is therefore obvious that, the allegations that the lawful and exclusive authority and powers of the General Council of the Bar, have been so unabashedly usurped by the unilateral action of the AGF, are unfounded. They have been duly faulted by the assertions and confirmation by the Learned Silk, to the effect that consultations were made prior to the amendment of the Rules. For the sake of clarity and completeness, I must place on record, pronto, that as stated earlier, Section 1 of the Legal Practitioners Act provides that the quorum of the meeting of the General Council of the Bar shall be eight. It therefore, presupposes that the only persons with the toga to fault the AGF’s decision, particularly the statements of Niyi Akintola, SAN as to failure of some members to attend meetings, are members of the General Council of the Bar present at the meeting. It is apposite in the instance, to also add that, I find it quite amusing and uncharitable that a lot of commenters are mistaken and misled by speculations. It is no surprise the spectators/observers, are mostly excited.
Prophecies It can be recalled that, I had foretold it - that until the RPC is amended, the AGF does not have the power to whittle down the enormous monopoly of power wielded by the Nigerian Bar Association. I also indicated that, the day that NBA is registered as incorporated trustee, is when it loses its monopoly. It is needless to state that, my prophecies have come to pass and the chicken has come home to roost for the NBA. Nobody should blame the AGF for exercising the powers of his office. Conclusion I am compelled to admonish that, as Ministers in the Temple of Justice and as members of this noble and sophisticated profession, Lawyers are supposed to be bound by a code of conduct, embracing courtesy and chivalry which are the founding tenets of this noble profession, rather than raising arguments frivolously frittered on the altar of making needless points and raising banters like market women. Perhaps, we should look inward and strategise on ways to ensure the unity of the profession, rather than allowing unfounded assumptions to pummel and pulverise the labours of our founding fathers.
Dr Kayode Ajulo
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Amend the RPC?
2020 RPC Amendment: Where Dr Kayode Ajulo Missed It ‘There was no Consultation with the GCB’ - Sylvester Udemezue
“.....THE AMENDMENTS OF THE RPC TO REMOVE WHAT IS PERHAPS, THE MOST SIGNIFICANT INFLUENCE OF THE NBA IN THE AFFAIRS OF ALL LEGAL PRACTITIONERS, IS PERHAPS THE LAST STRAW TO BREAK THE ‘CAMEL’S BACK’ ”
Dear Dr Ajulo, Sir, I have just gone through some pub-
lished commentary credited to you, on the 2020 RPC Amendment brouhaha. I am concerned, not with the title of the publication, but with certain statements and insinuations you made therein, which, with due respect, amount, in my humble opinion, to you turning the provisions of extant law upside down. With due respect, Sir, such statements and conclusions, coming from someone who himself should know better, is (to my mind) highly disappointing. Consultations Are you saying that private and separate consultations with selected members of the General Council of the Bar (GCB), is now to be taken as having satisfied the mandatory requirements of the Legal Practitioners Act (LPA) regarding a meeting duly convened, advance notice of which must have been extended to ALL members of the GCB? It is true (as you stated) that Chief Akintola, SAN said he was “consulted”, but you failed to mention that Mr Afam Osigwe and MR. J.S. Okutepa, SAN (also members of the GCB) had earlier said that they read about the 2020 RPC Amendment for the first time, on the pages of a newspaper. Are you aware that the GCB has 20 Representatives from the NBA, including Mr. Alegeh, SAN, Chief Ferdinand Orbih, SAN, etc? Do you know that the Attorneys-General (AG’s) of all the 36 States in Nigeria, are members of the GCB? Have you forgotten that for the provisions of the LPA to be fully complied with, in this instance, there must be a prior notice (of any proposed GCB Meeting) sent to each of the members of the GCB, to convene the meeting at which the proposed amendment would then be raised, discussed and approved. In my opinion, sir, anything short of that, is a violation of the LPA (Legal Practitioners Act) and of due process, and of rule of law, with due respect. I repeat, separate, private consultations with individual members of the GCB is not the same thing as “consultation with the GCB itself as a body”. Consultation with the GCB as a body can only be made at a meeting of the GCB, properly convened and held with a quorum formed. Quorum On the issue of quorum, you argued that the Quorum for any GCB meeting is eight members, which I agree with. However, with due respect, you failed to mention that in the present instance, whether or not a quorum has been formed is completely irrelevant, because the issue of formation of quorum can only arise after
NBA President, Olumide Akpata
you have fixed a meeting, and delivered prior notice of the proposed meeting to all GCB members who are entitled to attend the meeting. It’s on the day of the meeting, at the venue of the meeting, at the time of the meeting, that one now begins to talk about whether a quorum has been formed or not. Once you have up to eight members present, the meeting may proceed to take valid decisions. It’s only then it’d become immaterial that (1) other members didn’t come or (2) that there is any vacancy in any part of GCB membership. If a meeting has not been validly convened, the issue of whether a quorum has been formed is irrelevant. To further illustrate this, let’s assume that the GCB has a total of 57 members and the law requires that a formal meeting must be held. Now, if you choose to put telephone calls across separately and privately to say 40 members, could you be said to have complied with the law? The answer is “no” because you’ve not called nor held any meeting as required by law. The fact you’ve spoken privately to majority of the members, is beside the point. And even when you decide to comply with the law by calling a meeting of the GCB, you must send a prior notice of the proposed meeting to every member who is entitled to attend the meeting. Note that, notice of the proposed meeting must state the purpose, the venue, time and the place of the meeting. Failure to extend this notice to any such member renders the meeting (if held) VOIDABLE, at the instance of the member or members not invited. At this juncture, the question may be asked: Does it mean that the GCB cannot
take a decision save at a formal meeting? The law is not clear on this, as there’s no provision granting the GCB any powers to pass a written resolution. The expressio unis rule immediately comes to mind: expressio unius est exclusio alterius (the explicit mention of one thing, is the exclusion of another). However, there is something in Corporate Governance, which is known as “Written Resolution”. A written resolution is a resolution passed without a formal meeting. Private companies are permitted to adopt this procedure in taking their decisions on the condition that, any such written resolution, in order to be valid and effective, must be supported by all members of the company. Now, I think if there is any evidence to show that the President or Secretary of the GCB had held prior separate, individual consultations with all members of the body in respect of the decision to amend the RPC, and each and all had separately consented to it after having been presented with details of the proposed amendment, it would have been hard for anyone to validly argue that the GCB was not carried along. Although the LPA does not provide for Written Resolution in the case of the GCB, decisions taken or resolutions passed through such means (I submit), should be held to have been validly taken/passed, provided that each of such decisions/resolutions is separately supported by ALL members without any dissenting voice, just as is the case in Corporate Governance. Unfortunately, with the declarations coming from Mazi Afam Osigwe and Mr. J. S. Okutepa, SAN, it’s too late in the day for anyone to even pretend that such an all-inclusive prior consultation was ever made, in the instant
case. Accordingly, the “consultation” argument (by you and your school of thought) fails also on this ground, because you can’t pick and choose as to who to consult with and who not to. If you must consult privately, you must not leave anyone out. And there must be a written evidence that such prior consultation was extended to ALL, and that not even one of the members dissented. The validity of a written resolution in organisational meetings, is hinged on the prior written approval of same by all members of the Body. The Meeting: Four Scenarios Finally, sir , you argued that “the only persons with the toga to fault the AttorneyGeneral’s decision ... are members of the General Council of the Bar present at the meeting”. With due respect, I honestly do not understand what you set out to say by this statement. Which meeting, Sir? Was any meeting ever called or held? Has anyone anywhere given any such indication that any meeting was held at any time prior to the amendment, to approve the amendment? When? Where? How? Who said so? Let’s look at it this way, for a much clearer illustration. There are four scenarios, and what would happen in each instance would depend on the scenario applicable: (1)If a meeting of the GCB is validly convened (although it appears obvious in the present instance that none was called), and then held, then if the complaint is that some members were not invited, then I would agree with you that only the members allegedly not invited, have the locus to complain about their non-invitation and to seek to strike down the meeting on such a ground. This I already pointed out above, when I stated that a meeting called and held is liable to be set aside cont'd on page 10
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2020 RPC AMENDMENT: WHERE DR KAYODE AJULO MISSED IT cont'd from page 9
at the instance of members not invited. (2) Where a meeting of the GCB is validly convened and held, and a decision taken by the GCB. In this instance, if the complaint is that the GCB has taken a decision it has no powers to take (has acted ultra vires), especially in respect of an issue likely to affect the legal profession, the NBA or members of the profession, dear Sir, any member of the profession is entitled to go to court to challenge such action of the GCB. Locus standi here, is not limited to only GCB members. This is another area, where you missed it. Yes, you did. The complaint by most Nigerian Lawyers over the alleged 2020 amendment to the RPC 2007, is not that they were not invited to the meeting of the GCB; it can’t be, because not all the Lawyers are members. The complaint in the present instance (if I get that right) is that the Hon AGF has taken an “illegal decision” that would affect the legal profession, the NBA, and individual Nigerian Lawyers - i.e., that the AG has “illegally” amended the RPC 2007, which is the bye-law regulating the professional conduct of every Lawyer in Nigeria (not just the GCB members). If you look at it from this angle, you would understand why any member of the NBA possesses the locus to challenge such a decision. Please, do not forget that the RPC being a bye law for regulation of the professional conduct of legal practitioners in Nigeria, automatically means that every
Augustine Alegeh, SAN, former NBA President
legal practitioner has some interest in the RPC. It’s my humble view that, any member may approach the court as an interested person to complain. (3) If no meeting of the GCB was held
and someone is now saying that only one member of the GCB sat alone on his own, to exercise a power that is exclusive to the GCB (that can be legally exercised, but only by the GCB), then location of the locus
standi to challenge such would depend on the claim. If the claim is that “she/ he failed to carry us along” as required by law, then only a GCB member may exercise such a right of action in court. But, note that, as I said earlier, if the alleged “illegal” exercise of power is likely to affect any member of the profession in any manner, and the complaint is that the action taken failed to follow due process of law, then any member of the profession may approach a court to challenge the action. It’s my submission that, any members of this profession is interested in how its affairs are conducted, especially by relevant regulatory authorities or anyone purporting to act for any of them. Anyway, at this juncture, I off my mic! I have seen the news headline: “Former 2nd VP of the NBA, Monday Ubani sues to challenge the unilateral amendment of RPC by AGF”, published a couple of days ago by most media outlets in Nigeria. All I have said above, are without prejudice to what the court would say in the end. I remember one of my favourite quotes: “The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law.” (See The Path of the Law by Oliver Wendell Holmes, Jr., 10 Harvard Law Review 457 (1897)). We wait on the temple, to do justice according to extant law and principles of justice. Sylvester Udemezue, Senior Lecturer, Nigerian Law School
AGF Removes Requirement for NBA Stamp and Seal, Amends RPC ‘The Power lies in the Bar Council, not the AGF’ - Oliver Omoredia
President, General Council of the Bar make the following rules” However, Section 12(4) of the Legal Practitioners Act which is referred to by both provides that:
The Attorney-General of the Federation, Abubakar Malami, SAN (AGF) has amended the Rules of Professional Conduct for Legal Practitioners 2007 (RPC); and the new amendments have far reaching implications for the landscape of law practice in Nigeria! The Rules of Professional Conduct for Legal Practitioners (Amendment) Rules made on the 3rd of September, 2020, has deleted key provisions of the RPC, including the rule mandating the use of NBA Stamp and Seal by Legal Practitioners, and provisions requiring Lawyers acting for Government, Ministries or Corporations to pay Annual Bar practising fees. This write up considers the powers to make the amendments to the RPC, and the far-reaching implications of the amendments to the landscape of law practice in Nigeria.
“(4) The Appeal Committee shall cause notice of any direction given by it under this section to be served on the person to whom it relates”. However, Section 11(4) seems to be the Section 12(4) of some versions, and it provides that the power lies in the Bar Council, and not in the AGF. It may be too late in the day, to argue that our hallowed RPC which portends that it is by the power conferred on the AGF, has shaky statutory basis, or perhaps, that is an argument for another day or another
Power to Amend the RPC It is unclear where the power to make and amend the RPC is derived, as some versions of the RPC says it is from Section 12(4) while others say it is from Section 11(4) of the Legal Practitioners Act, 1990 (LPA). The RPC in its commencement, notes that the power is vested on the AGF and derives from Section 12 (4) of the LPA. Similarly, the new amendment is stated to be made pursuant to Section 12 (4) of the LPA, Cap L11, LFN 2004. The RPC 2007 states in its commencement as follows: “In exercise of the powers conferred on me by Section 12(4) of the Legal Practitioners Act 1990, as amended, and of all other powers enabling me in that behalf, I, BAYO OJO, Attorney-General of the Federation and Minister of Justice/Chairman, General Council of the Bar hereby make the following Rules” Similarly, the 2020 amendment states in its commencement: “In exercise of the powers conferred on me by Section 12(4) of the Legal Practitioners Act Cap L11, LFN 2004 and of all other powers enabling me in that behalf, I, Abubakar Malami, Attorney-General of the Federation and Minister of Justice and
“ I HAVE GONE THROUGH THE PURPORTED DELETED SECTIONS OF THE RPC, NAMELY SECTIONS 9(2); 10; 11; 12 & 13 THEREOF, AND IT IS CLEAR TO MY MIND THAT, IF ALLOWED TO STAND, WOULD PRECIPITATE THE BEGINNING OF THE END OF LEGAL PROFESSION IN NIGERIA.....”
writer, or perhaps a judicial pronouncement. Since, the 2020 amendments contain similar provisions to the substantive 2007 RPC, we shall proceed with the assumption that the AGF has the powers to make, and also amend the Rules of Professional Conduct. The New Amendments to the RPC The Rules of Professional Conduct for Legal Practitioners (Amendment) Rules 2020 provides that “The Rules of Professional Conduct for Legal Practitioners 2007 is amended, by deleting the following rules namely; 9(2), 10, 11, 12 and 13.” Implication Lawyers For Government and Ministries no longer need to pay Annual Bar Practicing Fees: Rule 9(2) of the RPC 2007 provided that: “A Lawyer shall not sign documents, pleadings, affidavits, depositions, applications, instruments, agreements, letters, deeds, letters memorandum, reports, legal opinions or similar documents or process or file such documents as a legal practitioner, legal officer or adviser of any Governmental department or Ministry or any corporation, when he is in default of payment of his Annual Practicing Fees”. The implication of the removal of this rule, is that a legal practitioner, legal officer or adviser of any Governmental department or Ministry or any corporation can sign and file all legal documents, including court papers, without paying their Bar Practicing Fees. However, the amendment does not permit such legal practitioner to appear in court. This is because, the right of audience in court is not a matter of the Rules, but a matter of the Legal Practitioners Act. Section 8 (2) of the Legal Practitioners Act provides clearly that: “No legal practitioner (other than such a person as is mentioned in subsection (3) of section 2 of this Act) shall be accorded the right of audience in any court in Nigeria in any year, unless he has paid to the registrar in respect of that year, a practising fee…” It is noteworthy that, subsection (3) of Section 2 exempts two classes: A) Any person holding the office of the Attorney-General, Solicitor-General or Director of Public Prosecutions of the Federation or of a State B) Such offices in the civil service of the Federation or of a State as the Attorney-General of the Federation or of the State may specify by
order. Furthermore, the extant Law Officers Act provides under Section 3 that: “Every person appointed as AttorneyGeneral or Solicitor-General of the Federation, the Director of Public Prosecutions of the Federation, Legal Draftsman of the Federation, or State Counsel, shall, so long as he continues to hold such office be deemed to be, and every person who shall have been appointed to any such office shall have been deemed to be, a barrister, advocate and solicitor of the Supreme Court of Nigeria ex-officio and shall be entitled, and shall be deemed to have been entitled, to appear as counsel in all courts in Nigeria in which counsel may appear.” Conclusively, by the Amendment to the RPC, a legal practitioner, legal officer or adviser of any Governmental department or Ministry or any corporation can sign and file all legal documents, including court papers, without paying their Bar Practicing Fees. However, except for the AttorneyGeneral, Solicitor-General or Director of Public Prosecutions, Legal Draftsmen and State Counsels as have been specified by the AG under the Law Officers Act or such other officers as may be specified by the AG, any legal practitioner who does not pay his Bar Practising Fees is not entitled to be granted audience in court. Removal of Mandatory NBA Stamp and Seal for Legal Practitioners The Rules of Professional Conduct for Legal Practitioners (Amendment) Rules 2020 states in its explanatory memorandum, that the amendment is to bring the Rules of Professional Conduct 2007 in conformity with the Legal Practitioners Act, the Law Officers Act and the Constitution of the Federal Republic of Nigeria, 1999. However, the deletion of Rule 10, has far reaching implication beyond legal officers. Rule 10 of the Rules of Professional Conduct 2007, was the only regulatory basis for the imposition and operation of the mandatory NBA stamp and seal. The Rule provided: 10 (1) A Lawyer acting in his capacity as a legal practitioner, legal officer or adviser of any Governmental department or Ministry of any corporation, shall not sign or file a legal document unless there is affixed cont'd on page 11
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Of Malami, RPC and the Nigerian Bar Association ‘The Amendment is Dead on Arrival’ - Raymond Nkannebe It is almost a mute point, at least to legal practitioners and political scientists that the paramount objective of any lawmaking exercise, is to achieve advancement in the affairs of a society, group or organisation. In this connection therefore, lawmaking is a response to the identified problems within a State or organisation. Classical thinker, Socrates probably put it best when he argued that, “only decrees based on knowledge of objective justice can count as true laws”. As human societies continue to evolve, so too her laws, rules and regulations, in line with the dynamic and organic nature of laws and societies respectively. All over the world, the act of legislation is a forward-looking endeavour, and never an exercise steeped in backwardness, much less tyranny. The reason is not far-fetched: human societies do not proceed in a retrogressive movement. Lawyers are all too familiar with the Mischief rule of interpretation of statutes, that traces its ancestry to the Heydon's Case. Under this principle, lawmaking is informed by the need to suppress a mischief, and advance the remedy. This principle unarguably strikes at the core of the lawmaking process, and demonstrates the philosophy behind the lawmaking power that rests with parliament as well as other institutions saddled with the power of making subsidiary laws and regulations. Purported Amendment of the RPC Against the foregoing background, the vacuity of the purported amendment to the Rules of Professional Conduct of Legal Practitioners in Nigeria (RPC) 2007 by the Honourable Attorney-General of the Federation, Abubakar Malami, SAN, which has rightly agitated the legal community, can be better appreciated and interrogated. With a tooth comb in hand, I have gone through the purported deleted sections of the RPC, namely sections 9(2); 10; 11; 12 & 13 thereof, and it is clear to my mind that if allowed to stand, would precipitate the beginning of the end of legal profession in Nigeria, which remains the envy of other professional associations. On many fronts, the so called amendment is dead on arrival. Firstly, by the tyrannical manner in which it purports to have been made, it is unconstitutional, ultra vires the powers of the learned Attorney-General, null and void. And, in terms of what it portends for the legal profession, it is conservative, backward-looking and seeks to set the clock of the Nigerian Bar Association (NBA) backward, at a time when the theme of its just concluded Annual General Conference (AGM) speaks of stepping forward. Let me attempt a brief overview of the sections purportedly deleted by this unilateral, perfunctory and arbitrary exercise of power, against the mischief behind their 'enactment' in 2007 by the Bayo Ojo, SAN-led Council of the Bar. Rule 9(2) which to all intents and purposes gives fillip to Section 8(2) of the Legal Practi-
Chief Bayo Ojo, SAN, former Attorney-General of the Federation
tioners Act, L11 LFN, 2004 (which provides for mandatory payment of practicing fees by every legal practitioner), seeks to ensure that Lawyers who continue to derive revenue from the practice of the 'trade', pay their due practicing fees. The logic behind this provision is so elementary, that it should not be adumbrated. But, for completeness, I hasten to submit that payment of fees is an incidental obligation of membership of any group or association. Rule 10 seeks to wean off quacks and impostors in the profession, by the aid of unique stamps and seals provided by the NBA. Of course, at a fee. The wisdom behind this salutary provision was underscored by no less an authority than the Supreme Court of Nigeria in the famous case of Yaki v Bagudu (2015) 18 NWLR (Pt. 1491) 288 thus, “the rules are made by professionals to protect and guard jealously the enviable legal profession”. Rule 11 instructively provides for the Continuous Professional Development (CPD) of Lawyers through attendance of courses, seminars, lectures, workshops etc. Who can fault the thinking behind this ethical and professional imperative? Lawyers do not trade in articles or goods, like traders in Balogun or Bodija markets. On the contrary, they trade their knowledge and skills. Today, the average Lawyer is as relevant as the amount of information at his disposal. In our current world of broadband and information highway, of what use is the Lawyer who would not enlist in continuous professional development, in meeting the highly technical demands of his/her calling? Strangely, this is what the leader of the legal profession in Nigeria, Abubakar Malami, SAN recommends for the Nigerian legal community, at a time when the ‘business space’ of Lawyers continues to suffer encroachment from other quarters. Finally, Rules 12 and 13 seek to ensure
due compliance with the provisions of Rule 11 on mandatory career development, and proper regulation of the profession by due notification to a local branch of the Association upon the setting up of a law practice by a Lawyer either alone, or in association or partnership with another, respectively. Consequences Assuming Malami succeeds in foisting his will and weal on the legal community, the instruments of 'control' and paraphernalia of due regulation that have held the profession and the Bar Association close knitted as well as in good esteem, would be eroded: Lawyers would not be obligated to pay their practicing fees to the NBA, or their branch dues at the local level; any Tom, Dick and Harry would be 'entitled' to practice in our courts or settle pleadings provided they can afford a wig and gown, or are able to muster some legal jargons; the importance of professional development would be denuded, and finally, law practices would spring up arbitrarily with no standards of regulation. In effect, the floodgate of the prostitution and bastardisation of the noble profession would be opened, with consequences that are better imagined. Can this be the wishes of the General Council of the Bar (the "GCB") for the legal profession in Nigeria? This brings me to the manner in which this purported instrument was issued. The commencement note reads, "in exercise of the powers conferred on me by Secyion 12(4) of the Legal Practitioners Act Cap L11 LFN, 2004 and all other powers enabling me in that behalf, I, Abubakar Malami, SAN Attorney General of the Federation and Minister of Justice and President General Council of the Bar make the following rules". The GCB is made up of at least 50 members per Section 1(2) of the LPA, and
the quorum of the Council is pegged at eight members per Section 1(4) of the same Act, for purposes of the proceedings of the Council. As at the time of this writing, there is no word yet, of when the hallowed Council sat to approve of the so-called amendments, as it should be with any lawmaking process. All we hear is of an Attorney-General arrogating the powers of the Council to himself, and making orders in a manner that would make the worst despotic regime cringe with both envy and scorn. Yet, the purported amendments are made to be binding on an Association of arguably the finest minds, and whose members run in excess of 100,000. Is that the best approach to law making? Can the whims and caprices of one man modify the fundamentals of an Association, only because he is a nominal President of an arm of the Association? The answers to the above posers do not task serious thinking; they however, help to unmask the leprous hands of the so called "New NBA" in the unfolding drama. We had seen a letter written to the Honourable Attorney-General issuing from the promoters of that contemptuous group and titled, "RE: NOTIFICATION OF THE FORMATION OF NEW NIGERIA BAR ASSOCIATION (NNBA)" in the wake of their white elephant project, where they had sought the "understanding" of the Honourable Attorney-General. Could this be a statement of that solicited understanding? There are no reasons to think to the contrary. At a time when the Honourable AttorneyGeneral should be occupied with efforts at saving Nigeria from paying a whopping $9.6 billion in judgement debt to the British Virgin Island company, P&ID Ltd, it beats one hollow that he is rather more interested in meddling in a "proxy war" within the NBA that is as baseless as it is irrational, even if it means prostituting his nominal office as the President of the GCB, and by extension, the Chief Law Officer of the Federation. Having won at the last election into the National Offices of the Association, there is no reason not to imagine that these ugly developments are strategic landmines by some reactionary forces within the "establishment", to distract Mr. Olumide Akpata from delivering the goods he had promised thousands of Nigerian Lawyers who had voted for him at that important election. To this group, striving for a schadenfreude moment like Shylock, It must be told: if we should bring down the NBA today because of one moment of unjustifiable grievance, there'll be no NBA for any of us to savour tomorrow. Let it be known that, the future of the NBA exceeds the brief two-year tenure of the current administration. If there's anything therefore, that we must do, it is to support the administration and quit this obsession with courting a needless ill wind that will blow no one any good. Two wrongs after all, do not make one right. Raymond Nkannebe, Legal Practitioner, Lagos
AGF REMOVES REQUIREMENT FOR NBA STAMP AND SEAL, AMENDS RPC
cont'd from page 10
on any such document a seal and stamp approved by the Nigerian Bar Association. (2) For the purpose of this rule, “Legal documents” shall include pleadings, affidavits, depositions, applications, instruments, agreements, deed letters, memoranda, report, legal opinions or any similar documents. (3) If without complying with the requirements of this rule, a Lawyer signs or files any legal documents as defined in sub-rule (2) of this rule, and in any of the capacities mentioned in sub-rule(1), the document so signed or filed shall be deemed not to have been properly signed or filed. All judicial authorities holding affixing NBA Stamp and Seal to be mandatory, have had Rule 10 of the RPC as regulatory basis. Indeed, the National Executive Committee of the NBA made the requirement of Stamp pursuant to Rule 10 of the RPC.
As contained on the NBA official website https://nigerianbar.org.ng/nba-stamp-seal (assessed on the11th September 2020): "Pursuant to the provisions of Rule 10, Rules of Professional Conduct for Legal Practitioner 2007, the NBA introduced stamps for Lawyers as approved by the NBA NATIONAL EXECUTIVE COMMITTEE (NEC) meeting held on 14th November, 2014 at Uyo, Akwa Ibom State. Lawyers are hereby required to affix their STAMP on every legal document prepared and/or endorsed in accordance with the law. The use of the stamps became mandatory from the 1st Day of April, 2015". Therefore, it is clear that with the deleting of Rule 10 of the RPC, all legal practitioners are no longer mandated to affix NBA stamp on any processes. Whether, the AGF intended this far reaching
implication, or intended to restrict it to law officers, remains a matter that needs to be subsequently clarified. Other Rules Deleted The new amendments have also removed Rules 11, 12 and 13 of the RPC. Rule 11 provided for Mandatory Continuing Professional Development, Rule 12 provided for Annual Practising Certificate for legal Practitioners and Rule 13 provided for Notification of Legal Practice. All three rules have indeed, become obsolete in modern times, as the NBA has given no attention to operating any of them over the years. Conclusion In the wake of the controversies rocking the NBA, with splinter groups and strong
attempts to divide the NBA, the amendments of the RPC to remove what is perhaps, the most significant influence of the NBA in the affairs of all legal practitioners, is perhaps the last straw to break the ‘camel’s back’. Interestingly, the splinter group which referred to itself as the “New Nigerian Bar Association”, had written to the AGF for reasons yet to be understood. The argument of many was that, the NBA had been statutorily and judicially recognised as apex regulator having power to issue stamp and seal, which was mandatory for all Lawyers. Now, the stamp and seal are no longer mandatory! Is this just a long coming intervention, or should the conspiracy theorists sit on the edge? Only time will tell. Oliver Omoredia
12/COLUMNIST
22.09.2020
Of Rape, Rapists and False Rape Peddlers (Part 4) Introduction With the current campaigns against rape and other forms of sexual abuse in the country, the State needs to rise to the occasion and deal with it. The handling of reported cases by the Police in some situations, has discouraged many victims of rape from coming forward. Today, we shall continue our discourse on this vexed issue, commencing with the causes of rape in Nigeria. Causes of Rape in Nigeria Often times, many are quick to attribute rape to indecent dressing of women and girls. However, such a line of thinking offers an escape route to rapists, and in some queer way, justifies rape. It takes the blame from the rapist, and rests it squarely on the victim. The argument that rape is caused by indecent dressing is lame, and a lazy man’s outlet. Such argument forecloses the need for boys and men to be taught the fundamentals of consent, and respect for women. Above all, it exposes an underlying rape culture that our society has deliberately or inadvertently built over the years, of disrespect and maltreatment of women. a.An Underlying Rape Culture When reference is made to the existence of a rape culture in our society, there is a tendency to assume that the society consciously and actively promotes rape. However, that is far from the meaning of a rape culture. According to UN Women, rape culture is the social environment that allows sexual violence to be normalised and justified, fuelled by the persistent gender inequalities and attitudes about gender and sexuality. Our society somehow trivialises, and even excuses rape and sexual assault on the girl child. For instance, most boys and men go about with the impression that they are entitled to a woman’s body, as of right. For instance, if a boy playfully grabs a girl’s bum and the girl reports to the teacher, there is a tendency that the teacher will dismiss such complaint by labelling it “play” between students. The failure of the teacher in this circumstance to correct the boy, leaves him with the impression that he can freely go about grabbing girls’ bums without any negative consequence. It also leaves the girl with the mistaken belief, that a boy is free to touch her bum. This instance might seem trifling, but that is exactly how the rape culture festers. b.Lack of Diligent Prosecution of Rape Victims in Nigeria One of the leading causes of rape in Nigeria, is the lack of diligent prosecution of accused rapists, leading to very low convictions of accused rapists. The lack of diligent prosecution, has engendered and empowered prospective rapists with an aura of invincibility. To this extent, rapists go about committing their heinous crimes, knowing full well that they will most likely not be caught, and even if caught, would most likely walk away free. No thanks to our broken justice system. Similarly, the Police prosecutes a majority of criminal offences in Nigeria, including rape cases. In most cases, these Police officers are not adequately trained, remunerated or as to remain motivated, and not bungle cases assigned to them. The implication of this is that, most persons accused of rape are somehow let off the hook. c.“Victim Blaming” of Rape Victims by the Society One of the leading causes of rape in Nigeria, is the disgusting disposition by both men and women in the society to blame rape victims for being raped. Often times, the rape victims are blamed for dressing in a manner considered “indecent”, or for seducing their rapists. With due respect, victim blaming is to all intents and purposes, irresponsible, and promotes a culture of irresponsibility in young men. When victims are blamed for being raped, rapists are condoned and excused. Why is the society obsessed with dictating to a girl what she should wear, instead of teaching the boy to seek express and unequivocal consent from the girl child before sexual intercourse? Those who make these excuses, fail to consider that babies of less than eight months old (who do not know the meaning of dressing) are also victims of sexual violence. In such circumstances, one is moved to ask what a sixty year old man would find attractive in an eight month old. Insanity on the loose! Rather than blame victims of rape, boys and men should be taught to respect the bodies of girls and women. They should be taught to always seek consent from girls and women, in the event that they desire to ventilate their sexual muscles. d. Social Stigma Against Rape Victims The stigma against rape victims, prevents rape victims from speaking up against their rapists. It also empowers the rapists to continue on their prowl, knowing full well that their victims would rather die in silence out of fear of societal disapproval. The social stigma is also responsible, for the lateness in reporting
rape by victims. e. A Slow Legal System The Nigerian legal system is traditionally and frustratingly slow, and this, coupled with the uncertainty that surrounds litigation, discourages rape victims from reporting rape cases, or making them undecided whether to report or not. f. The Publicity of Court Proceedings Section 36(3) of the Constitution provides that, court proceedings should be conducted in manners that would be accessible to the members of the public. The danger in this is that, in the course of a rape trial, the victim under the fire of cross-examination may be made to reveal details of her private life that she would otherwise desire to be kept secret. This is a huge turn-off and discouragement to rape victims, and it ultimately accounts for the delay in reporting rape cases. g. Corruption This is a recurrent feature in almost every aspect of life, in Nigeria. It indeed, accounts for the delay in reporting rape cases. Many a time, wealthy Defendants successfully bribe the Prosecutors to bungle the conduct of the trials. In some cases, these Defendants even go further to bribe Judges, who will ultimately return a verdict of “not guilty” in their favour. Reasons for the Low Rate of Prosecution of Rape Cases in Nigeria The following are the reasons why rape prosecution cases in Nigeria are low, and almost as if there are no rape cases in the country. 1.The Inability of Rape Victims to Report This is as a result of the fear of the stigma that may follow, shame or neglect. It is no longer news that rape victims in Nigeria are looked at, as those who have dined with the devil. They are constantly made a topic of derision, even in their absence. It ranges from openly mocking the victims, to being neglected by close family members and friends. In some cultures in Nigeria, some are even seen as having brought shame and dishonour to the family. The agencies put in place to help support such victims, often times, parade such victims to gain
“.....IT EXPOSES AN UNDERLYING RAPE CULTURE THAT OUR SOCIETY HAS DELIBERATELY OR INADVERTENTLY BUILT OVER THE YEARS, OF DISRESPECT AND MALTREATMENT OF WOMEN”
public sympathy and financial assistance from members of the public. Statistically, the number of rape cases that have made it to the Supreme Court and the Court of Appeal, are basically those of underage girls who do not usually understand the nature of the offence. Most adults would rather suffer in silence than to come out into the open, so as to avoid public anguish and stigma. 2. No Proper Investigation by the Appropriate Authorities A typical Nigerian Police station will take the complaint of a rape case over the counter, regardless of persons being there at that particular point in time. Aside delaying investigation or the lack of proper equipment’s both in human and material resources to effectively investigate rape cases, there is a lack of specialised training for Police officers in handling these cases, or in providing support for the victims. Furthermore, forensic identification of suspects cannot be effectively carried out. The use of biological evidence such as blood, semen, saliva, vagina epithelial cells, etc, is totally lacking. Not to mention the monetary mobilisation they usually ask for to fuel their vehicle, or to put men and resources together to help them investigate properly. 3. No Proper Enforcement of Legal Sanctions It is not enough to have sanctions put in place, when an offence has been committed. It is more important to enforce this punishment, in a very firm and decisive manner. Police authorities should courageously investigate, and recommend for prosecution, alleged rape offenders. The Judiciary, on the other hand, should not shy away from handing out maximum punishment to sex offenders, when the occasion so demands. This will serve as a deterrent, to other members of the public. 4. The Requirements to Prove Rape In Nigeria, for the offence of rape to be properly established, there must be penetration, and there must also be corroborative evidence which usually comes from eye witnesses account or medical evidence. As regards eyewitnesses’ corroboration, the law requires that such witnesses must have witnessed the actual penetration of the victim’s vagina. The possibility of this happening, is very low. Most times, the act of rape is carried out in a place not easily accessible to members of the public. Even as regards the issue of penetration, the court is always concerned with whether the penis actually entered the vagina at any point. Modern realities have shown that penetration does not only have to do with the vagina, for it to be rape. Many a time, before any person would get to the scene of the crime, the offender would have disengaged from the victim; which ultimately means that, rape as a criminal offence can hardly be established; though a lesser offence of attempted rape may be proved. (To be concluded next week). THOUGHT FOR THE WEEK “Violators cannot live with the truth: survivors cannot live without it. There are those who still, once again, are poised to invalidate and deny us. If we don't assert our truth, it may again be relegated to fantasy. But, the truth won't go away. It will keep surfacing until it is recognised. Truth will outlast any campaigns mounted against it, no matter how mighty, clever, or long. It is invincible. It's only a matter of which generation is willing to face it, and, in so doing, protect future generations from ritual abuse.” (Chrystine Oksana)
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T H I S D AY ˞ ͰͰ˜ 2020
BUSINESSWORLD
Group Business Editor Obinna Chima
Email obinna.chima@thisdaylive.com 08152447875
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Quick Takes Nigeria to Host World Energy Forum
MEDIA ENGAGEMENT
L-R: Head, PPM, BEDC Electricity Plc, Mr. Manish Kumar; Executive Director, Commercial, Mr. Abu Ejoor, and Chief State Head, Edo State, Mr. Abel Enechaziam, during the media engagement session for On-Air-Personalities, Online and newspaper journalists across the BEDC franchise states on the new Service-based Tariff for electricity supply industry held in Benin‌recently
Kyari Seeks Separation of Roles in Oil Industry Emmanuel Addeh in Abuja The Group Managing Director (GMD), Nigerian National Petroleum Corporation (NNPC), Mallam Mele Kyari, has called for a clear separation of roles between industry operators and regulators in the oil and gas sector, saying it will improve competitiveness in the industry. The NNPC boss also cautioned against the wholesale deployment of local skills in the industry, arguing that from his experience, doing so comes with a high cost. He said this recently during the virtual Nigerian Content Summit, jointly organised by the two chambers of the National Assembly. Represented by the General Manager, Planning Division of the
ENERGY National Petroleum Investment Management Services (NAPIMS), Mrs. Oritsemeyiwa Eyesan, Kyari stressed that the lawmakers must thoroughly think through the implications of reviewing the extant laws. “It’s beautiful that the Content Act is expanding its reach and taking it to the entire spectrum of the Nigerian economy. The lessons learnt in the oil and gas industry have to be incorporated into the revision of this law that we are going into. “One of the challenges we have encountered in the industry is the cost of Nigerian content . Inasmuch as it is a laudable idea and intent to grow the Nigerian capacity, we must agree upfront
what premium we gain by bringing in Nigerian capacity. “Today, the oil and gas industry, especially the upstream is grappling with the high cost of operating its business. This is making the Nigerian space very uncompetitive for foreign investment,� he explained. He stressed the importance of foreign investment, saying, “you can’t but rely on foreign investment if you want to grow,� in the oil sector. “So, the oil in the ground can remain there until you get it out of there and it costs money. To get it out, you need to be competitive. And over the last 10 years, we have seen the cost of Nigerian content really shoot up the cost of doing business in the country� he posited.
He added: “I think we need to agree upfront how much premium we need to put into Nigerian content and see how we can manage this. “Doing a cost-value analysis across our business to understand the cost might be the starting point. Once we know what the cost levers are, we can set up regulations around them to manage the impact on our business operations�. The GMD maintained that the thin line between the regulator and operators within the industry had become problematic and leading to decreasing competition within the sector. “As we go into refining laws, it’s important that we delineate Continued on page 24
Nigerian Manufacturers Eye Lower Output Costs with ₏70m Energy Facility Chineme Okafor in Abuja Manufacturers in Nigeria can reduce their energy cost by about 40 per cent if they key into a new ₏70 million renewable energy and energy efficiency facility backed by the French Development Agency (AFD) and European Union Infrastructure Trust Fund (EU-ITF), THISDAY has learnt. The facility – the Sustainable Use of Natural Resources and Energy Finance (SUNREF), is a green financing line for businesses. It was developed by the AFD and EU-ITF to give technical assistance for the development of green energy projects in Nigeria and support the country’s manufacturers to adopt proactive energy efficient practices. SUNREF was recently launched
ENERGY in Nigeria with the â‚Ź70 million portfolio respectively segmented into â‚Ź60 million funding and â‚Ź9.5 million investment grant for renewable energy and energy efficiency projects. Through the grant, the SUNREF Nigeria programme will provide technical assistance to support the Manufacturers Association of Nigeria (MAN), partner banks - Access Bank and the United Bank for Africa (UBA), as well as medium scale companies in Nigeria towards the development of energy efficiency (EE) and renewable energy (RE) projects. “It is going to vary from member to member depending
on their energy usage, but in most cases when somebody will go into your company and do energy audit and see what can be done, most people can save at least, it is always usually 30 to 40 per cent; and they are not unusual in terms of energy savings, both from the energy efficiency side and some renewable energy systems that can be applicable,� said Javier Betancourt, who is the Team Leader for the SUNREF Nigeria Programme during a webinar to launch the programme. Betancourt, further explained that while it is difficult to give a particular number on how much cost members of the MAN could save in this regard, he added, “we think that anybody that isn’t saving 30 to 40 per cent really hasn’t structured this project
appropriately because there is so much that can be done.� He noted that: “There is so much space on the energy efficiency side which is needed by everyone in Nigeria and the renewable energy side where we can do solar photovoltaic or biomass. There is so much solutions out there that really the manufacturers association can be satisfied to get.� According to the SUNREF team, in Nigeria where access to energy is far from universal, limited energy security and rising energy prices will likely continue to challenge the growth of Nigerian businesses in the near future. They stated that: “As a result, Continued on page 24
Barring any unforeseen circumstances, Nigeria will be hosting next year’s (2021) edition of the World Energy Forum (WEF) conference, the federal ministry of petroleum resources, has said. Thiswasdisclosedduringacourtesyvisitbyadelegationoftheforum to the ministry, a statement by the Deputy Director of Information at the ministry, Enefaa Bob-Manuel, stated. WEF says part of its objective is to provide leadership to achieve a universal energy access to beneďŹ t all nations and peoples and thereby promote economic, social, and human development worldwide. The organisation also supports eďŹƒcient, cleaner, and safer ways of producing and using conventional energy, while transforming global energy system to sustainable energy. The President of the WEF, Dr. Harold Oh, who led the team, and was receivedbythePermanentSecretary,ministryofpetroleumresources, Mr. Bitrus Nabasu, noted that the country was ripe to host the event whichhadmostlyheldattheUnitedNationsheadquartersinNewYork. Oh,explainedthathewasinNigeriatointimaterelevantstakeholders of the forum’s resolve to have its 2021 conference in Nigeria, which according to him, will be the ďŹ rst of its conference on the African continent. The WEF president thanked the permanent secretary for granting audience to his team and emphasised on the economic beneďŹ ts of the WEF conference to Nigeria, and indeed the African continent.
Ericsson,QualcommPioneer5GCapabilities
Ericsson and QualcommTechnologies have completed pioneering interoperabilitytestsfor5Gstandalone(SA)carrieraggregationacross both FDD/TDD and TDD/TDD bands. 5G carrier aggregation allows operators to use multiple sub-6 GHz spectrum channels simultaneously to transfer data between base stations and a 5G mobile device. Implementation of 5G carrier aggregation delivers enhanced network capacity along with improved 5G speeds and reliability in challenging wireless conditions, allowing consumers to experience smoother video streaming and enjoy faster downloads. Thekey5Gcapabilityisexpectedtobewidelydeployedbyoperators around the world in 2021. The partners completed a 5G SA carrier aggregation test at Ericsson’s labs in Beijing, China. Senior Vice President and General Manager, 4G/5G, Qualcomm Technologies, Durga Malladi, said: “As the world’s leading wireless innovator, QualcommTechnologies continuously develops solutions that will help the fast proliferation of 5G globally. We are proud to collaborate with Ericsson on this 5G carrier aggregation milestone –the world’s ďŹ rst featuring both FDD/TDD and TDD/TDD aggregation– as this technology signiďŹ cantly enhances the performance of 5G networks worldwide, unlocking even higher average speeds and better 5G coverage for consumers.â€?
Group Honours Senator Akpan
A Group, FDN Projects has nominated the Senator representing Akwa Ibom North East Senatorial District in the National Assembly, Senator Bassey Akpan for an award over his legislative role in the oil and gas industry. The nomination was contained in a statement issued by the group and signed by its president, Alexander Ajagbonna. It said the decision to honour Akpan as the, ‘Most Outstanding Senator’ in Nigeria was in recognition of his legislative engagements that have resulted in the transformation of the Nigerian oil and gas industry. The award ceremony which will hold on October 14, in Abuja, according to the statement would commemorate the 2020 Democracy Heroes Award (DHA). Akpan,aPDPsenatoristhesenatecommitteechairman,petroleum resources (upstream). The senator will be honoured alongside other eminent Nigerians in recognition of their contributions to the development of the nation. The Democracy Heroes Award is an initiative of FDN Projects, which was launched over seven years ago.
“There is massive disruptions in the banking space and this is good for the sector. Take a second look at the evolution in the use of cards in ATM and PoS today and its interoperability, USSD, agency banking, blockchain, crypto currency and others� MD, Ecobank Nigeria Mr. Patrick Akinwuntan
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BUSINESSWORLD KYARI SEEKS SEPARATION OF ROLES IN OIL INDUSTRY the role of the operator from the regulator. Because, one thing we experienced in the upstream oil and gas sector is the cross-function of the Nigerian content board in operations as well as regulation. “I think that in itself creates difficulty in doing business in Nigeria. We need to segregate that role. In terms of contracting, we have seen situations where we have to propose contract and obtain approvals on a go-basis with the NCDMB. It shouldn’t be. “The regulator should set the broad framework while the business should be able to key into that framework. The regulator should monitor compliance. It’s important that this is factored inâ€? he said. He further lamented the high cost of doing business, saying that the levies charged by the NCDMB as an example, was too high. NIGERIAN MANUFACTURERS EYE LOWER OUTPUT COSTS WITH â‚Ź70M ENERGY FACILITY increasing the development of green energy is a key condition to a sustainable economic growth by ensuring reliable access to energy as well as enabling businesses and households to seize the opportunities of the ecological transition.â€? “The SUNREF Nigeria programme which is composed of a â‚Ź60 million ($70 million) low-cost debt financing and a â‚Ź9.5 million ($11 million) grant facility seeks to improve access to energy through improved access to affordable finance for renewable energy technologies and energy efficient initiatives that will improve lives, increase economic opportunities, and support various sectors such as industry and agriculture,â€? they added. For the MAN, which is the target beneficiary, its president Dr. Mansur Ahmed stated that: “This programme will be critical in increasing the competitiveness of Nigerian manufacturers as they transition to renewable energy sources and implement energy efficiency measures in their operations.â€?
NEWS
NOGTECH: Five Winners Emerge, Get $50,000 for Product Development Emmanuel Addeh in Abuja and Peter Uzoho in Lagos Five innovative teams have been selected as winners in the Nigerian Oil and Gas Technology (NOGTECH) Hackathon sponsored by the Nigerian Content Development and Monitoring Board (NCDMB). The teams are Fuel Intellisense, Homefort Energy, Gricd Mote, Kiakia Gas and Airsynq and their projects were picked as the most innovative and bankable by judges, after the 15 semi-finalists made presentations on their innovations. A statement by the organisation, said the three-day hackathon started with the teams having detailed engagement with industry experts, mentors and entrepreneurs. Each of the five winning teams was given a cheque of US$10,000 equity-free grant and they would proceed to participate in a 3-month incubation programme during which they will get workspace, expert mentors, global partners and market access to the nation’s oil and gas industry, ensuring they become commercial and investor-ready. It quoted the Executive Secretary of NCDMB Mr. Simbi Wabote, as announcing at the closing of the programme in Lagos, that the board would support the five firms in their product development phase, drawing from the US$50million Nigerian Content Research & Development Intervention Fund. The board’s support he said, would go into helping the companies get patents for their innovations and produce
prototypes, supporting them to conduct field trials, business startup as well as provide industry linkages. He, however, confirmed that the board’s funding would depend on the success of the product incubation phase, stressing that “the goal is to fund bankable businesses, not charities.� He explained that the sponsorship of the NOGTECH Hackathon was within the board’s mandate, hinting that section 70 of the Nigerian Oil and Gas Industry Content Development Act empowers “The board is to engage in targeted capacity and capability development interventions and conduct studies, research, investigation, workshops and trainings aimed
at advancing the development of Nigerian content� he said. He stated that the board announced the initiative through a webinar it organised in May 2020, during the height of COVID-19 lockdown, because it saw the opportunity to create a platform for local creation of digital technologies to solve problems for the Nigerian society. The board was also keen to stimulate the participants to channel their intelligence and become successful entrepreneurs, he said. Wabote counselled the five winning teams to be clear about their vision and strategy and retain their passion, stressing that their motivation should not be on making quick financial gains, rather on innovating
solutions, making a difference and contributing to the society. “All the greatest inventors, particularly in the technology space did not start by looking for money as the objective. They started because they wanted to make a difference and create a change. The prize money is not the key factor. It was meant to bring people together� he said. “Once you have passion in anything that you do, you will be successful. But once you put money first, you will be chasing money and it will be running away.� He also advised other participants in the programme to stay committed, passionate and driven by value, stressing that there were many other routes to push their ideas to the market
and the real winners are defined by the marketplace. One of the winning projects was the one that will help fuel stations to get accurate data and avoid loss of revenue through syphoning underground fuel or stealing of fuel from different outlets. The project proposes to install a system that can be viewed remotely from anywhere, showing how much fuel was dispensed per day and what is left. The system will be installed on existing pumps and tanks. Another winning project was the one to make cooking gas affordable and accessible to low income families, whereby they can pay for gas using the pay as you go model.
STOCK-TAKING
L-R:NonExecutiveDirector,GlobalSpectrumEnergyServicesPlc,ClementAkan;ExecutiveDirector/CFO,WasiuAkindele;CompanySecretary,Maureen Ekeopara; NonExecutiveDirector/Representativeof theChairman,OsahonIdemudia,andActingManagingDirector, AustinOyagha, atthe12thAnnual
No Hike in Gas Prices for Domestic Market, GACN Clarifies Chineme Okafor in Abuja The Gas Aggregation Company Nigeria Limited (GACN) has said that its decision to review existing agreements used in transactions within Nigeria’s domestic gas market will not lead to hike in prices of domestic gas. It said, rather, the review was meant to reflect modern realities in the market and attract new investments in the sector. “The GACN does not set gas prices. That is the prerogative of the Minister of Petroleum Resources,� it said in a statement from its management to
clarify a media report that a review of the Master Gas Sale and Aggregation Agreements (Master GSAAs) used in the country’s domestic gas market will result to price increase. It explained that the report was out of context on what transpired at an industry-wide workshop it convened with up to 670 industry operators comprising the Nigerian National Petroleum Corporation (NNPC), international and indigenous oil companies, gas purchasers, gas trade associations and financial service practitioners in attendance to find better
ways of consummating gas transactions in the country. The GACN specifically said the Master Gas Sale and Aggregation Agreements (Master GSAAs) used in the country’s domestic gas market was being reviewed to provide room for improved investments, as well as facilitate gas contracting and investments in the sector. According to it, at the workshop which was chaired by its Chairman and Managing Director of the Nigerian Petroleum Development Company Limited (NPDC), Mr. Mansur Sambo, focus was on reviews
that would engender expedited negotiation and execution of Gas Sale Aggregation Agreements (GSAAs) by industry players, Interruptible Gas Sales Agreement (IGSA) as well as gas swap transactions. It equally noted that the workshop’s objectives included incentivising payment and contract performance, minimising risks and potentials for contract disputes, processes to engender new investment in the gas sector, promotion of contract flexibilities consistent with market realities, facilitation of gas trading and gas swap
transactions, as well as reducing transactional costs in the country’s gas market, adding that such exercise could not have resulted in increases in the price of domestic gas. When concluded, the GACN explained that the updated Master GSAAs templates, Master IGSA and gas swap framework will help to promote gas utilisation and increase domestic gas consumption, including for the purpose of enhancing power generation, deepening the growth of other gas-based business ventures and accelerating Nigeria’s industrialisation.
LG Wins AHRI Award for Third Consecutive Year Group Business Editor
Obinna Chima
Capital Market Editor
Goddy Egene
Comms/e-Business Editor
Emma Okonji
Senior Correspondent
Ă‹Ă’Ă?Ă?Ă— Ă•Ă“Ă˜Ă‘ĂŒĂ™Ă–Ă&#x; (Advertising) Correspondents
Ă’Ă“Ă˜Ă?ĂŽĂ&#x; äĂ? (Aviation) ĂœĂ™Ă—Ă™Ă?Ă?Ă–Ă? ĂŒĂ“Ă™ĂŽĂ&#x;Ă˜ (Maritime) James Emejo (Finance) Ebere Nwoji (Insurance) Chineme Okafor (Energy) Emmanuel Addeh (Energy) Reporters
Ă&#x;Ă—Ă? Ă•Ă?Ă‘Ă’Ă? (Money Market) Ă™Ă?Ă‹ Ă–Ă?Ă•Ă’Ă&#x;ÙÑÓĂ? (ICT) Peter Uzoho (Energy)
LG Electronics (LG) has announced that it was recently recognised by the Air-conditioning, Heating and Refrigeration Institute (AHRI) with the performance award for the third straight year, with all its 73 tested models passing the performance evaluation. In the performance award, as all products from each category randomly selected by AHRI must pass the performance test for three consecutive years. According to a statement, LG received the award for the first time in 2017 after passing the test each year since 2015. “From 2017 to 2019, a total of 73 models of LG’s air condition-
ing systems representing seven product categories were tested and passed the evaluation They include Variable Refrigerant Flow (VRF), Packaged Terminal AirConditioner (PTAC), Packaged Terminal Heat Pumps (PTHP), Unitary Small Air-Conditioner Equipment (VMAC), Unitary Small Heat Pump Equipment (VMHP), Water–Cooled Water–Chilling and Heat Pump Water–Heating Packages Using the Vapor Compression Cycle (WCCL), and Air-Cooled WaterChilling Packages (ACCL). “AHRI randomly selects a minimum of 20 percent of all products from each category for
annual testing. The institute then sends test samples to Intertek, a leading standard certification authority and an independent third-party laboratory accredited by AHRI, to verify whether the products perform in accordance with the specifications. “AHRI, a trade association founded in 1953, represents manufacturers of HVACR and water heating equipment around the globe with more than 350 member companies. The association is well-known for conducting a stringent performance evaluation, instilling consumer confidence,� it stated.
According to the statement, among the award-winning products included Multi V, LG’s flagship large-capacity outdoor unit. “Its Ultimate Inverter Compressor, originally developed by LG, enables advanced performance and energy efficiency, making the product stand out in the commercial air-conditioning market. It exhibits excellent heating performance under extreme conditions of minus 30 degrees Celsius (minus 22 degrees Fahrenheit), which explains its popularity especially in North America where temperature drops to a very low level in winter,�
the statement added. PTAC, another certified product, is a single, self-contained unit frequently used at hotels. LG’s PTAC units boast exceptional durability, applied with special coating technology aimed to prevent corrosion of heat exchanger. “LG, as a total HVAC & energy solutions provider enriching nature and human life, will further strengthen competitiveness in the global market based on advanced performance and distinctive technology,� Executive Vice President of Air Solution Business Unit at LG’s Home Appliance and Air Solution, Lee Kam-gyu said.
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ANew Refinery in the Horizon Chineme Okafor writes on the progress of work at Waltersmith’s first phase modular refinery project expected to start production
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n 1965, Nigeria built its ďŹ rst reďŹ nery at Alesa Eleme in Port Harcourt; the plant had an initial production capacity of 38,000 barrels a day (bd) which was later expanded to 60,000bd. With this, the Nigerian National Petroleum Corporation (NNPC) which ran it tried to meet the country’s domestic demand for reďŹ ned petroleum products, however, it could not and had to set up another in Warri in 1979 with a 100,000bd production capacity. Two more – the Kaduna refinery and a second in Eleme, were subsequently built by the NNPC within the 1980s to bring Nigeria’s oil refining capacity to 445,000bd which adequately met her domestic demands for refined products at the time, and even portions exported. From the 1990s however, outputs from the country’s four refineries became insufficient for her growing population such that the NNPC resorted to importing petroleum products to augment. Buoyed by corrupt practices in the running of the refineries, poor maintenance and incompetent management routines, the preference for imported refined oil then ensured that the production capacities of the refineries declined further with the years. With such rather unhealthy business fundamentals, investments in new refineries – modular or monolithic, became rare in Nigeria, and this was despite business experts’ conviction that the country has a healthy market prospect for refined petroleum products. Plugging into the demand, opportunity Based on such convictions, and to equally change the ugly narrative of an oil producing country heavily trusting on imported petrol to run its domestic economy, the Department of Petroleum Resources (DPR) issued permits for construction of new refineries; as at 2018, the DPR in this regard issued about 47 new licenses for private refineries. Collectively, the licences had circa 101 million barrels production capacity. Out of the 47, some have achieved considerable milestones in their development, while others have equally failed to move the needle further – the licenses of 17 in this category have also been cancelled by the DPR. But amongst those that have made significant progress in the refinery endeavour is Waltersmith Refining and Petrochemical Company whose first phase 5000bd capacity refinery is apparently due for commissioning in the first weeks of October. THISDAY from its tracking of the project’s trajectory learnt from a recent report presented to a visiting team which included the Governor of Imo state, Mr. Hope Uzodimma, the Minister of Information, Mr. Lai Mohammed and Executive Secretary of the Nigerian Content Development and
Monitoring Board (NCDMB), Mr. Simbi Wabote, that the soon-to-be commissioned first phase will deliver about 271 million liters of refined petroleum products comprising diesel, kerosene, heavy Fuel Oil (HFO) and naphtha per annum. With these, the refinery will produce and supply more diesel and kerosene into Nigeria’s domestic petroleum products market, subsequently cutting down the volumes imported, as well as HFO which are mostly used as marine transportation fuel and naphtha used amongst others as paint thinner and feedstock for manufacturing plastics. “The 5,000bopd phase one refinery was to be commissioned in Q2 2020, at which time it had progressed to 98 per cent completion but was delayed due to the global COVID-19 pandemic. “Commissioning is now planned for late September/early October 2020 and the Honourable Minister of Information and Culture, Alhaji Lai Mohammed, was invited with other dignitaries for a pre-commissioning tour of the refinery on Tuesday the 15th of September 2020. The phase one of this refinery will deliver about 271 million litres of refined petroleum products - diesel, kerosene, Heavy Fuel Oil-HFO and naphtha per annum,� said a statement obtained from the project financiers on the status of works. It further explained that the refinery which has a second phase is a joint venture between Waltersmith Petroman Oil Limited, a Nigerian energy company and the NCDMB on a 70 and 30 per cent equity shares distribution. This means that the federal government has a 30 per cent share in the endeavour. In its account of how the project moved from the paper to the site, the firm said that it, “carried out a feasibility study for modular refining in support of the federal government of
The 25,000bpd phase two condensate reďŹ nery FEED was completed in Q1-2020, feasibility study in Q2-2020 and the EPC contracting process has been initiated with Final Investment Decision (FID) planned for Q42020 and delivery by Q4 2022
Nigeria’s aspiration and with the proximity of many producing oil, gas and condensate fields in the Ibigwe hub. By 2018, Final Investment Decision (FID) had been taken and in October 2018 the ground-breaking ceremony was done, effectively kicking off the construction phase in November 2018.â€? According to it, the first phase of the modular refinery targeted 5,000bpd of own operated crude oil as feedstock, with alternative sources from the over 7,000bpd NNPC/SEPLAT OML-53 joint venture Ohaji South production field which is processed at Waltersmith’s Ibigwe flow station. “Negotiations on crude sales and purchase agreements are at an advanced stage with both SEPLAT and NNPC,â€? it added. Beyond the ďŹ rst phase In addition to the planned commissioning of the first phase of its refinery, Waltersmith noted that it has gone ahead with works on the second phase, and other energy-security related projects earmarked in its investment portfolio. Amongst these are a 25,000bpd phase two condensate refinery and 20,000bpd phase three crude oil refinery, a 300 megawatts (MW) gas power generation company (Genco), as well as a 500-hectare industrial and innovation park in partnership with the Nigerian government, United Nations Industrial Development Organisation (UNIDO) and United Nations Economic Commission for Africa (UNECA). The park, it added will support economical energy-related production endeavours. “With the exceptional planning and execution of this first Phase of the refinery, Waltersmith initiated the Front End Engineering Design (FEED) for the 25,000bpd phase two condensate refinery and the 20,000bpd phase three oil refinery to maximise feedstock from the nearby ANOH Gas Plant Company (AGPC) and some additional commercial discussions were progressed on some nearby oil and gas assets, with the investments proposed by Waltersmith to develop the oil assets to be used as feedstock for the 20,000bpd refinery and the gas assets for the 300MW gas power plant, both enormously strategic to the domestic energy security strategy of Waltersmith and aspirations of the federal government of Nigeria. “These commercial discussions on both the condensate feedstock, the crude oil and gas developments strategies are currently ongoing and Waltersmith has approached NNPC for its support in making this a reality,â€? it stated. Further, it said: “The 25,000bpd phase two condensate refinery FEED was completed in Q1-2020, feasibility study in Q2-2020 and the EPC contracting process has been initiated with Final Investment Decision (FID) planned for
Q4-2020 and delivery by Q4 2022. “The ground-breaking ceremony will be done in conjunction with the commissioning of the 5,000bpd phase one refinery in September/ October 2020. When completed the phase two will deliver about 1.4 billion liters per year of refined petroleum products - Premium Motor Spirit (PMS), diesel, kerosene, aviation jet fuel and HFO, in addition to the 271 million litres from the phase one.� The firm explained that the overall impact of these investments will be huge, adding that, “current estimates of direct and indirect job creation in this industrial hub during the planning, design, construction and commissioning phases will exponentially grow from an estimate of over 500 jobs in 2020 to over 18,000 jobs by the commissioning of the industrial complex in about 2025.� “This will then be followed by an even greater exponential growth in job creation when the manufacturing, commercial, residential and technology innovation hubs go into operation post 2025,� it stated while confirming that regulatory licence for the 300MW power Genco has been granted it by the Nigerian Electricity Regulatory Commission (NERC). Local communities not left out To ensure that its plans and investments do not get wrecked by conflicts of interests associated with host communities, Waltersmith, indicated that it has taken along its host and access communities on the journey, with up to N1 billion earmarked for community welfare-related projects over the next 10 years. Regular contracts, it explained will also be extended to local suppliers and vendors to guarantee shared prosperity from its operations within the area. “Of note is the massive impact this will have on the growth of the host, access and other communities in this area, including the job opportunities both in skilled, unskilled and community contracts this will generate. “Building on Waltersmith’s highly successful community engagement strategy, which has secured license to operate for over a decade, over N1 billion will be committed to community projects in line with the existing 2019 to 2024 GMOU. “In addition, Waltersmith is committed to the N460 million ISOPADEC Ohaji/Egbema electrification project to which it has agreed to contribute 50 per cent and technical advice, as required, and has already paid a substantial part of this pledge. We are also expanding our technical skills acquisition program to train an initial crop of 80 graduates from the community to become highly skilled professionals,� it stated.
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The Marginal Fields Conundrum Oluchi Chibuzor writes on the implication of the reduction in the amount of crude oil marginal fields operators can produce on the businesses of the operators
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he international crude oil market has faced notable challenges in 2020. As at January, no one knew the debilitating impact Covid-19 would have on the energy market.The year began like any other without the slightest inkling on the chain of events that has left crude oil producers reeling. Just as was the case in 2019, Russia and Saudi Arabia, two of the world’s leading crude oil producers continued petroleum industry their oil and gas related war of attrition within the year. It commenced on March 8 2020 when Saudi Arabia started discounting the price of its crude in response to Russia’s refusal to reduce crude oil production in order to stabilize prices. Specifically, Saudi Arabia announced price discounts of $6 to $8 per barrel to customers in Europe, Asia and the United States of America. The unexpected price slash by Saudi Arabia caused a free fall in prices of crude oil on March 8 with the Brent crude falling by 30 per cent, the largest drop since the Gulf War. Similarly, the West Texas Intermediate (WTI), another grade of crude oil used as a benchmark in oil pricing, fell by 20 per cent. The spiral effect continued the next day, March 9 2020, as stock markets worldwide recorded significant losses as a result of the price war and fears over the COVID-19 pandemic. The Russian Ruble declined by seven per cent to a 4-year low against the dollar. However, the crude oil prices and stock markets began to recover a few days afterwards. On March 10 2020, Saudi Arabia announced that it would increase its production volume from 9.7 million barrels per day to 12.3 million barrels. The oil market remained depressed for the rest of March and early April before Russia and Saudi Arabia reached a truce on April 9, and agreed to oil production cuts. Notwithstanding the production cuts by Russia and Saudi Arabia, the price of WTI fell into negative territory on April 20 – the first time in history due to low demand and insufficient storage. According to Reuters, the WTI plunged to minus $38 per barrel while Brent crude oil price dropped to $18 per barrel. This situation was made worse by the coronavirus pandemic, which was spreading like wildfire across the globe, forcing many factories to shut down while several countries closed their borders to contain the spread. Kyari OPEC Intervention and Production Cuts Following the truce by Russia and Saudi Arabia, the organisation of Petroleum Exporting Countries (OPEC) announced that its members and ally, Russia, had agreed to crude oil production cuts that would take 10 million barrels off the market in order to help stabilise the market and shore up prices. In a statement released after the meeting, OPEC stated that measures were, “agreed by all the OPEC and non-OPEC oil producing countries with the exception of Mexico, and as a result, the agreement is conditional on the consent of Mexico.� Interestingly, OPEC blamed the coronavirus pandemic alone for the volatility of the market. According to Secretary General of OPEC, Mohammed Barkindo, “Covid-19 is an unseen beast that seems to be impacting everything in its path. For the oil market, it has completely up-ended market supply and demand fundamentals�. Although the OPEC production cut which resulted in quota allocation to member states has helped create stability in the oil market, it is bad news for countries that depend on crude oil sales for a significant income. Nigeria is a case in point.
million barrels per day. That projection has been obliterated considering the current realities of the crude oil market. Against the backdrop of the OPEC production cuts and continuing volatility of the market, the federal government was compelled to make a downward revision of its crude oil production volume estimates. The OPEC production quota has pegged Nigeria’s production to 1.4 million barrels per day. This has thrown up new economic realities for Nigeria including a reduction of the 2020 budget by over N300 billion ($980.3 million) to a new budget of N10.8 trillion ($30 billion). It has also resulted in the Naira being devalued by the Central Bank of Nigeria (CBN) to help deal with the forex crisis. Some oil industry analysts have queried the production quota of 1.4 million. Energy analyst at Sofidam Capital, Charles Akinbobola, said Nigeria could have gotten a better deal. “This does not look like a good deal for Nigeria, we should have negotiated for a 23 per cent cut on production of 2.3 million barrels per day, not 1.83 million barrels per day, �he said. Consequently, the Nigerian National PetroImplications of Production Cuts on Nigeria. leum Corporation (NNPC) through its Crude Before the oil market was routed by the Russia- Oil Marketing Department (COMD) allocated Saudi Arabia faceoff, Nigeria had set a production certain percentages of production cuts to oil target of 2.18 million barrels of oil per day. companies operating in Nigeria in order to In fact, on October 8 2019, President Muham- achieve compliance with the OPEC crude oil madu Buhari submitted the federal government’s production quota for Nigeria. budget proposal for 2020 entitled, “Budget of Sustaining Growth and Job Creation� before a A Case for Marginal Field Operators joint sitting of the National Assembly. Aside the To this end, analysts believe there is a need to record N10.33 trillion ($33.8 billion) budget with an interrogate NNPC’s production quota allocation estimated revenue target of N8.15 trillion ($27.4b), to marginal field operators considering the fact the budget was premised on a projected crude that they contribute just about two per cent to oil price of $57 per barrel and an estimated 2.18 Nigeria’s daily production of crude oil.
The production quota allocation to marginal field operators is already having a telling effect on their operations and these companies may become insolvent if the government fails to take drastic measures. The current low price of crude oil has significantly constrained the revenues of marginal field operators. Aside this, most of the marginal fields are highly leveraged and as result are not able to meet debt service, with a significant risk of bankruptcy. Bankruptcy will result in more job losses at a time Nigeria is grappling with record levels of unemployment. On August 24, the National Bureau of Statistics (NBS) released a report, which showed that 27.1 per cent of Nigerians are unemployed. The NBS data further reveals that Nigeria’s economy contracted by 6.10 per cent in the second quarter of 2020 with a possibility of further contraction, which will throw the economy into a second recession in four years. Against this backdrop, the federal government should critically consider not cutting the production volume of marginal field operators in order to protect the sector and employment of Nigerians. According to the DPR guidelines on marginal fields, the main objectives of Nigeria’s marginal field programme is to grow production and capacity of local producers, diversify resources and investment flow. It is also meant to promote technology transfer and common usage of assets to ensure optimum use of available capacities. Nigeria runs the risk of erasing the progress made so far in marginal fields if the cuts are not halted – and immediately. According to the 2020 oil and gas industry outlook, “the oil and gas industry was already in flux prior to the spread of COVID-19. Five years of low oil prices have sapped upstream investment, LNG markets have been oversupplied, and the energy transition has taken off.� The conclusion of the report is that the sharp decline in fuel and power demand has hit an already stressed industry, creating new challenges. The industry will not fully recover until COVID-19 has been successfully contained in most countries, either with the development of a vaccine or the implementation of a widespread test-and-trace program. Even as the number of new cases has been reduced in the hardest-hit countries in Asia and Europe, its spread is increasing in the Americas. Furthermore, the report indicates that while the largest driver of the current price collapse may be COVID-19, fuel switching could dictate the recovery. Power demand fell almost 20 percent in March in several European countries, and despite the recent economic thaw across the continent, for many, demand remains 5 to 10 per cent below expected levels. Recovery will likely require not only for
the number of new COVID-19 cases to drop substantially but also for economic activity to return to its pre-virus levels. That includes GDP growth as well as other oil and gas–relevant indicators, including industrial activity levels; transport demand; and demand for goods like cars, appliances, and other consumer products. While driving has picked back up in the United States and elsewhere, public transit and flying remain at a fraction of the January levels. Understanding Marginal Fields Marginal fields are those discoveries made by oil majors that were undeveloped either because of distance from the existing production facility, low reserves (in view of the majors) or likely low production volumes as a result of flow assurance issues. Industry watchers believe that though marginal fields in Nigeria have average economic life of between eight and 15 years and can produce between 4,000boepd to 30,000boepd per field, they give local players the best opportunity to participate in the oil and gas sector, develop expertise and grow local content. “But operators have not always been prolific producers. A total of 30 marginal field licences have been awarded since the policy was introduced and only around 30 percent of the fields have reached commercial production. Marginal field production only makes up 3.05 percent of crude oil output between 2015 and 2016, “said industry analyst. Meanwhile, according to DPR, the marginal field companies produced about 2.14 per cent of the nation’s total production in 2018. The depletion rate was about 2.7 percent, with a life index of 36.83 years and a national reserves portfolio of 1.61 percent. The reserves hold a potential for production that lies within the medium-term range. “From our experience advising on several marginal field issues and transactions, we are of the reasoned view that wrong technical and financial partnership is one of the key ingredients for the failure observed in the operations of many of the licensees that have performed below expectations,� Ayodele Oni, analyst at Bloomfield law firm said. Instructively, Nigeria has not also held marginal field bid rounds since 2003. Twenty-four fields were awarded to 32 companies, some of them two to a field, in 2003. In the midst of the coronavirus pandemic, the federal government is experiencing a cash crunch. It has reviewed the budget and cut out needless expenditure. Nigeria’s credit ratings have been downgraded and the naira has been devalued. In view of social distancing guidelines, any licensing round could be held digitally but that will open the process to accusations of irregularities as many will be unable to participate.
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Imanah: Staying Power Vital in Entrepreneurship The Chief Executive Officer, Friska Farms Limited, manufacturers of herbal tea, Mr. Usman Imanah, in this interview speaks about his passion for entrepreneurship, the opportunities and challenges in business and also appealed to the federal government to intervene in the tea value chain. Maduabuchi Ubani brings the excerpts: You used to work with an investment bank and later moved into commercial banking, and ďŹ nally you decided to venture into entrepreneurship, what is that driving force for you? I was working in an investment banking and later a commercial banking organisation, but actually more as a corporate communications person, not a financial person. But right from when I was in the university, I’ve always had passion for entrepreneurship. So, in all the places that I was working, I’ve always had a side hustle. I’ve always had this mindset that the organisation that you work for, the only thing that you can take from it is the knowledge that you get and the salary that you earn; your children cannot inherit your job. So, that has always been at the back of my mind. Maybe that is because my dad served in the army for years, and when he retired, it was just the fact that you could put ‘Major’ to his name and his pension; apart from that, there was nothing for us to inherit. But I’ve seen people that started businesses and there was always something to leave back for their family members to inherit. So for me, it’s always about building something that will outlive me. So, if I’m going to put my time, my energy and all my resources into making something work, at least, the sacrifices that I’ve made to do that work, for the time I’ve not been able to spend with my children and all, then it should be something that I’d leave behind for generations to come. So, that has always been at the back of my mind. I’ve never felt secured or comfortable with a paid job, because I’ve seen where people lose their jobs overnight. Anything can happen and you can be asked to leave. So, it has always been at the back of my mind that I need something that I can call my own. I need to have something that I can build. When I put in all my efforts, there will be something to leave for those that will come after me. A lot of developed countries that we know today, everybody talks about them because of the brands that come out from them. We have brands such as Coca-cola, Disney, Samsung, LG, Kia and Honda, among others. So, it has always been my dream to build a brand that people will look at and be proud of. So, I’ve always been somebody that wants to do something different, something phenomenal, and something that people would see and be proud of. So, that is the reason why I am putting all my efforts in building something that people can relate with over time. That has been the driving force. I want to build something that is original, something that is Nigerian, something that is international and something that people would see and be proud of, beyond even the money. You chose to play in the tea sector. What are the opportunities in that sector? When we started the farm in 2014, tea was not in the picture. What we wanted to do at that time was to grow Moringa and export. But, there were so many challenges. Firstly, we weren’t able to scale to be able to export. Secondly, the interest in Moringa shifted when we started. So, for you to be able to do commodity business and export, you need to be able to do it at huge scale and for you to be able to do it at huge scale, you need to have deep pocket and then you need to be present . You cannot do large scale agriculture by proxy. So, the scale I was doing wasn’t going to allow me export. At some point, I was even frustrated. I had to look for more money to invest to start processing the leaves, so that it will not perish after three days of harvest because of lack of buyer. So, when we started processing the leaves, we were drying and grinding it to powder, and then started looking for buyers to come and buy. Back then, in a month, I could put in N300, 000 to run the whole activities and then when somebody wants to buy it, they would be pricing it for a N100, 000.
Imanah So, the economics was not adding up and I had to take a step further to know what the people buying the leaves were using it for. So I noticed that they were using it to produce tea. That was when I decided to take it a step further to create my own brand of tea. I don’t think there’s any sector that there’s no opportunity. I think it’s just for people to dig deeper to find the opportunities. A lot of industries that people enter and leave, saying there are no opportunities that is simply because they are yet to dig deep. When you look at successful businesses in Nigeria, even in the entertainment industries, the artists that have been successful, you will see the number of years they put in. So, it’s the same with any industry and any business. That’s the same thing with entrepreneurship- the staying power. It’s not about doing the same thing for hundreds years and expect it’d be successful. Some industries might actually not be viable, but if you stay in that sector and you keep fine-tuning what you’re doing, observing the environment, observing the market, fine-tuning your offerings so that it serves the purpose of the market and all, at some point, you will be successful. So, when we started tea, it wasn’t selling. The first tea that we did, nobody bought. We were doing Moringa tea then. We changed packaging and did some other things, but still it wasn’t selling and at some point, I was so frustrated that I wanted to burn everything. Then, it was Moringa tea and it was in a box like Lipton. And when we take it to the supermarket then, people would be comparing it to Lipton. So, we had a lot of challenges. But we kept on doing the tea and we were giving them out for free. We were trying to sell, but we were not making money. One day, a lady from Uyo asked for the tea and promised to sell them for us. We sent her products worth almost N1 million and she returned only N16, 000 and
did not pick my calls for almost three months. So, because I was still working in the bank, I couldn’t chase her. So, it was that frustrating. At that point, I had almost given up, but my wife kept on encouraging me. So, one day, I was on a popular blog when I saw an advert about flat tummy tea with Moringa, and I saw the comment on the product by people who had used the product. So, everything just made sense for me. Before that day, I was selling Moringa for blood pressure, wellness and everything. But nobody bought it. People wanted to buy herbal tea that would solve a particular problem. So, we had to rebrand to blood pressure tea, weight loss tea, diabetic tea and wellness tea. That was when we started selling. So, imagine if out of frustration, I had given up at that point, we wouldn’t have gotten to this stage. And if I had continued doing what was doing, it wouldn’t have yielded any result. So, we had to keep looking at what people wanted to position our products. Now, it’s not just Moringa tea anymore, we’ve had to fortify it with other herbs that would help the different ailment that we are targeting. That’s just to tell you that you don’t go into an industry and it becomes profitable immediately. So, we keep looking for new ways that we can connect with customers so that they would appreciate and value our products. So, on our social media page, we are putting out contents, educating people, so that they can connect with us. We are doing different things to get people interested in the product: We are educating people, getting them to be more health conscious, among others. So it’s not like there is a tea market; instead, we are the ones creating our own markets to get people interested and get people to buy in. So, tell us about the Friska brand; what are your unique selling points and why should consumers place your brand above
others in the market? We are positioning ourselves as a Nigerian brand that is local in production, but global in outlook. We are trying to build a brand that Nigerians would be proud of. If you look at the product from the packaging to even the communication and everything, you’ll see that a lot has been put in. And I’m not just saying this because I’m the promoter; that is the feedback and it’s deliberate. Now, why should you leave other brands and come to Friska? First of all, we need to start promoting our own businesses here in Nigeria. And I’m not saying that people should not patronise foreign products. Here’s the thing: when you patronise a product that is foreign, what you’ve done is that you’ve taken jobs and opportunities that would have made this country more stable out. Our farm is in Edo State and as small as our company is, we have 37 people working directly with us. This number does not include the people that print the packaging, logistics, pharmacists that retail the product and all. When people buy from us, this is an ecosystem they support. Another thing is that our product is organic; it’s natural. We do not use fertilizers, herbicides or pesticides on our farm. On our Moringa farm, weeding is manual; we use rice shaft for weed control, water retention and organic manure. So, there’s nothing chemical about our products. And we have tons of testimonials from people who have used our products. So, if you want something natural and organic that would not harm you, and something that you can consume and know that you are supporting the Nigerian economy, then Frisca is the tea for you. The truth is that we need to start promoting our own brands; we need to start promoting Nigerian brands that can be international. We need to have brands that people can use to identify us with and not just yahoo-yahoo or other negative things that people tend to associate Nigerians with internationally these days. Nobody would have known countries like Finland if not for Nokia. It’s the citizens who created Nokia, not the government. So, citizens in Nigeria can create brands that can put the country on the map. The more we start thinking in this direction, the better it will be for us. Is there any form of intervention or support that you want from the government at this point in time? This is my own personal opinion, and I speak not just for myself: I think that the government should create grants, not loans for companies in the agric-business value chain. The truth is that our basic problem in Nigeria is food security and the lowest hanging fruit is agriculture. Nigeria is so fertile and we have the manpower to farm. So, primary agriculture is not a problem; the problem is being able to process and package so that we are not just farming and exporting like what we are suffering with oil. We cannot continue exporting commodities and importing finished goods, and expect that we will not be a poor country. So, I think there should be grants at that valueadding stage of agriculture, so that we are not importing packaged cashew nuts from the United States. If we can feed ourselves, we can then start to export our products to Ghana and other francophone countries, then our foreign exchange earnings would start rising. I have been in this for six years, and I’ve not gotten any form of support or grant from any government agency. I’ve applied for them, but I’ve never gotten any. But to God the glory, we’ve done a lot, we’ve grown from just a farm to having our own brand of products; we’ve grown to about 900 outlets in Nigeria, and looking at exporting to Namibia and Ghana. We are on Amazon and some others, buy it has been sweat equity and hustle.
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TUESDAY SEPTEMBER 22, 2020 • T H I S D AY
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T H I S D AY ˾ TUESDAY SEPTEMBER 22, 2020
PROPERTY & ENVIRONMENT Real Estate Firm Successfully Appeals against FIRS VAT Regime Bennett Oghifo
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real estate firm, Ess-ay Holdings Limited, has successfully appealed against an order of Value Added Tax (VAT) re-assessment by the Federal Inland Revenue Service (FIRS). The Judgement in the Tax Appeal Tribunal in the Lagos Zone, holden at Lagos Appeal No: TAT/LZ/VAT/029/2019 between: Ess-Ay Holdings Limited and Federal Inland Revenue Service was held by the Chairman, O.M. Lassise-Phillips, Esq; Hon. Commissioners, M. A. C. Dike; Mrs. T. Akibayo; and R.A Quadri. Temitope Adewale Esq appeared for the Appellant (Ess-ay Holdings Limited) and Folashade Kalesaro for the Respondent (FIRS). The judgement dated 10th September 2020 reads, “This is an Appeal by the Appellant against the decision of the Respondent in respect of the Appellant’s alleged tax liability for the 2014-2016 accounting years as set out in the Respondent’s VAT ReAssessment Notice dated July 9, 2019 (the “VAT Re-Assessment”). “In the final analysis, the Tribunal finds merit in this Appeal, which is accordingly
upheld. The assessed VAT liability of the Appellant together with the interest and penalties is hereby set aside,” said the judgement, which Certified True Copy, dated 11/09/2020, was sighted by THISDAY. Background stated in the judgement The Appellant invests and engages in the development of real properties which are rented or leased to tenants. The said properties are put to both commercial and residential purposes. On the other hand, the Respondent is an agency of the Federal Government. It is responsible for the assessment, collection and general administration of federal taxes on behalf of the Federal Government of Nigeria including the Value Added Tax Act (VAT Act). Following a tax audit, the Respondent by a letter dated October 19, 2018 informed the Appellant of its intention to assess the Appellant to additional taxes particularly with respect to Value Added Tax (VAT) on incomes derived from letting out its properties for the 2014 -2016 accounting years. As a result of this letter, a series of meetings was held between the parties to reconcile
the issues and correspondences were exchanged. The bundle of documents evidencing the correspondences and meetings is before this Tribunal. Ostensibly, these meetings did not yield any positive outcome because by July 9, 2018, the Appellant was served amongst others, the Respondent’s VAT Assessment Notice in relation to v AT on incomes derived from its commercial tenants. The Appellant objected to the said VAT Assessment Notice via its objection letter dated July 15, 2019. On the 26th of July 2019, the Respondent served its Notice of Refusal to Amend (NORA) dated July 22, 2019 on the Appellant. Dissatisfied with the Respondent’s action, the Appellant filed this Appeal, the subject-matter of this Judgment before the Tax Appeal Tribunal on August 22. 2019.The Appellan1 filed three (3) Grounds of Appeal to wit: Ground 1 The VAT assessment in the sum of NS4. 263. 899 .SO (Fiftyfour Million, Two Hundred and Sixty-Three Thousand, Eighth Hundred and Ninety-Nine Neira. Fifty Kobo) as Value Added Tax (“VAT”) on rental income earned by the Appellant in the period
Hon Justice Olubunmi Femi-Adeniyi; Hon Justice Afis Dabiri; Lagos State Chief Judge, Hon Justice Kazeem Alogba; Special Adviser to Lagos State Governor on Housing, Mrs. Toke Benson-Awoyinka; and Deputy Director, Administrative and Human Resource, Lagos State Real Estate Regulatory Authority (LASRERA), Mrs. Titilayo Omorodion, during a courtesy visit on the Chief Judge of Lagos State by the management of the Agency… recently
2014 to 2016 thereby unlawfully subjecting the rental income of the Appellant to VAT contrary to the provisions of the Value Added Tax Act as amended and currently compiled as Cap Vl, Laws of the Federation of Nigeria 2004. Particulars of error l. Section 2 of the VAT Act provides that VAT shall be charged and payable on the supply of goods and services (referred to as taxable goods and services) other than those
goods and services listed in the First Schedule to the VAT Act. 2. VAT is not a tax on returns on investments such as rent dividends and interests. 3. Rental incomes are not derived from a supply of goods and services. 4. Rental income cannot be subjected to VAT solely on the premise that it is not exempt from VAT under the First Schedule to the VAT Act. Ground 2 The Respondent erred in
law when it issued a Notice of Refusal to Amend v AT Additional Assessments dated 22 July 2019 (“NORA”) where it stated that “income from commercial rent is VAT-able income and the one from residential has administrative exemption.” Particulars of error l. There are no provisions in the VAT Act which designate rental income as a taxable good or service under the VAT Act in the circumstance that “rent” is neither a good nor service.
NCF Commemorates Vulture Day, Talks USTDA Partners Nigerian Coy, U.S. Tech Firm to Deploy Aerial Fiber Network Conservation The Nigerian Conservation Foundation (NCF), recently commemorated the International Vulture Awareness Day (IVAD) across the nation through webinars hosted on five different days. International and local NGOs embarked on vulture conservation awareness campaign in Africa, as the need to promote conservation message becomes more important in the face of the world battling the effect of COVID-19, and in order to prevent another pandemic through zoonotic disease, according to a statement by NCF. Director of Technical programmes, NCF, Dr. Joseph Onoja, in his presentation revealed that “nature has bestowed on us vultures as environmental sanitary officers with a clean-up
service worth $11,000 in a year. “Without vultures, humans are vulnerable to the spread of infectious diseases, because, in the absence of vultures, dogs and rats become the clean-up crew. The danger in this is that these animals are not equipped for such and are close to human population, exposing us to diseases.” In his presentation, Mr. Aniekan-Abasi Emmah Uwatt, a conservation biologist and ornithologist, observed that human activities are the major drivers to the vultures’ threatened status. He added that the world could suffer from negligence if something drastic is not done to preserve the remaining vulture species in Nigeria. He said “Imagine a world
without vultures, it will lead to disease outbreaks such as anthrax; rabies; botulism; we would also have dirty environment with dead carcasses and foul smells.” Another facilitator, Mr. Apeverga Paul Tersoo, Lecturer, Federal University Dutse, Jigawa State said that Vultures may not be very appealing by their looks, but these birds, also known as scavengers do the dirty jobs of cleaning our environment by taking care of carcasses and preventing the spread of diseases which in turn keeps the ecosystem healthy. The importance of these natural environmental cleaners cannot be over emphasized because the benefits we derive from them for free will cost us so much that it can only be imagined.
Bennett Oghifo The United States Trade and Development Agency, USTDA has awarded grants worth over $2 million to two indigenous ICT companies for feasibility studies towards implementation of fiber to the premises (FTTx) projects in Nigeria’s telecommunications sector. A statement by officials said this is in keeping with its promise of continued support towards empowerment of local firms to enable them provide homegrown solutions to Nigeria’s development challenges, In her remarks at a virtual signing ceremony hosted by the US Mission in Nigeria last week, U.S. Ambassador to Nigeria,
Mary Beth Leonard said the aim of the grants was to create improved broadband internet access by adding half a million homes to networks reached by fiber optic cables. The Ambassador said the projects demonstrated the commitment of the U.S. Mission towards supporting local solutions to infrastructure challenges. One of the recipients of the USTDA grants, Aldreda Fields Ltd said it was a great honor to be selected to deploy an Aerial, Open-Access Fiber Network which could potentially transform the business landscape for thousands of Micro, Small and Medium-Scale Enterprises, MSMEs. Speaking during the virtual ceremony, the Managing Di-
rector of Aldreda Fields, Mr. Adebisi Adebutu said it was quite surreal that a dream which was born out of a burning desire to improve broadband penetration in Nigeria had flourished to become an unquestionable reality. Accepting the grant, Mr. Adebutu said there was an inseparable link between the development of core physical ICT Infrastructure and the pace of Nigeria’s technological and economic advancement in particular, and sub-Saharan Africa as a whole. He said the fiber network would provide Nigeria with infrastructure that would deliver broadband internet speeds to rival what was obtainable in advanced countries around the world.
Public-private Partnerships Hold the Key to Future Development Ryno Rijnsburger For Africa to not just survive the current pandemic, but to thrive, investment into digital infrastructure is inevitable. Much-needed digital infrastructure and the resulting digital transformation will be an enabler of rapid development across the continent, positively impacting the most vulnerable communities. While digital transformation is certainly not a new discussion, the Covid-19 pandemic has abruptly accelerated the need for digital adoption. There’s an urgent need to invest in connecting communities and improving service delivery to citizens throughout Africa. However, governments across Africa, and indeed globally,
economy is the recipe for job creation, spurring innovation, boosting economic growth and supporting long-term competitiveness in the global digital economy.
Rijnsburger have budgetary restraints that have been exacerbated by the current pandemic, and digitisation requires significant investments to modernise the government sector and beyond. Public-private partnerships (PPP) will play a critical role in accelerating digital transformation. Africa’s recovery must be digitally driven – the digital
Digital transformation needs an ICT infrastructure to succeed To breach the current digital divide, governments alone cannot achieve ambitious targets. It will take a strategic and considered set of PPPs to achieve Africa’s ambitions to compete in the digital economy. A report by McKinsey & Company on Africa in the wake of Covid-19 suggests that the crisis could be a catalyst to help close the digitisation gap, accelerating digital transformation in sectors as diverse as financial
services, retail, education and government. To unlock digital transformation, the public sector must be brought into the digital age, accelerating the rollout of digital IDs, signatures and registries, as well as implementing digital-friendly policies. But to positively impact inequality, citizens need access to the internet. There is more work to be done to create equal opportunities for everyone, including improving next-generation connectivity, particularly for rural communities. The latest Ericsson Mobility report states that mobile data traffic in sub-Saharan Africa is estimated to grow by 12 times the current figures by 2025. Mobile broadband subscriptions are predicted to reach 72 per cent of mobile subscrip-
tions while LTE subscriptions are set to triple, increasing from 90 million in 2019 to 270 million in 2025. E-commerce has also been growing quickly: online retailers in Nigeria, for example, have experienced a doubling of revenue each year since 2010. Despite this progress, most sectors of African societies and economies still lag behind the rest of the world in digitisation. In 2016, the United Nations declared access to the internet to be a basic human right, yet in 2020 48 per cent of the world’s population lacks consistent access. ICT investment into mobile broadband is a crucial area for development. Internet connectivity across Africa is very low, and there’s a need to use innovative ways
to connect the unconnected and the underserved. One way to expand digital services is to make use of TV White Space technology (TVWS). The sustainable nature of this type of spectrum use makes it very cost efficient to implement, which is extremely beneficial for rural, underserved and developing areas. With TVWS, people are now able to access the internet for less than 5 per cent of the average household income, and projects such as Mawingu in Kenya, and Bluetown in Ghana are making a palpable difference to people’s lives and livelihoods. -Ryno Rijnsburger, Chief Technology Officer, Microsoft4Afrika
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T H I S D AY ˾ TUESDAY SEPTEMBER 22, 2020
PROPERTY & ENVIRONMENT
Julius Berger Furniture Arm Creates Virtual Showroom Bennett Oghifo
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ulius Berger AFP, the furniture production facility of construction company, Julius Berger Nigeria Plc., has created a virtual showroom. The virtual facility complements its exotic physical showroom at Gana and Sanusi Fafunwa streets in Abuja and Lagos respectively. According to Head of Media Relations, Julius Berger Nigeria Plc Group, Prince Moses Duku, said visitors to AFP’s state-ofthe-art virtual showroom would “discover and experience an unrivalled display of furniture and interior solutions. The showrooms feature fullyoperational kitchens equipped with top-end appliances, modern relaxation lounges, refined executive offices, impressive fine dining table settings, lavish bathroom vanity units and cozy bedroom solutions.” Duku said, “AFP now displays its portfolio in a new
light with an interactive VR experience tailored to meet client’s needs. “Additionally, the AFP Virtual showroom offers an exquisite showcase of modern interior design and innovative home technology concepts, a fully functional five star hotel suite and a luxury home cinema. The entire concept allows AFP the opportunity to showcase our portfolio in virtual reality giving customers the ability to discover and engage with AFP’s entire product range in the AFP’s actual showroom space. Clients can now from anywhere in the world intuitively browse AFP’s offerings, as well as explore and compare different material selections, variations and technical details. “AFP Virtual showrooms now demonstrate actual spaces in real time, which prospective customers are able to experiment with using various designs choices in a lifelike context. By actually shifting them into a room that reflects the space
customers desire to design, one can get a better idea as to how certain furniture options and designs might look when applied to their own properties.” Meanwhile, the Chairman of Julius Berger Nigeria Plc., Mr. Mutiu Sunmonu and its Managing Director, Engr. Dr. Lars Richter, in a joint video, celebrated the nation’s most iconic engineering brand as the company marks its golden jubilee as a Nigerian registered business corporation. The year 2020 marks the 50th Anniversary of Julius Berger’s incorporation as a Nigerian company. According to Sunmonu, while the physical celebration has reasonably been put on hold due to the advent, concerns and effects of the global COVID-19 pandemic, the company is using the occasion to acknowledge the epoch-making milestone in the company’s history and to reflect on the meaningful contributions Julius Berger has made to Nigeria’s development.
He said: “Julius Berger has constructed some of Nigeria’s most iconic structures and demanding engineering feats; project after project, we have proven ourselves to be a reliable partner equipped with the technical knowhow and
organisational edge to deliver quality solutions.” He stated that there is no doubt that the arrival of COVID-19 to Nigeria brought on new and unexpected challenges requiring sacrifices from all as well as significant adjustments
to norms. Sunmonu, however, confidently added that the disruptive pandemic “has also served as a reminder of the importance of community and the centrality of corporate responsibility to our value system as a company.”
L-R: Caption: President, Architects Registration Council of Nigeria (ARCON), Dipo Ajayi (2nd left); Marketing Consultant, Premium Heights Integrated Solutions, Mrs. Morounranti Alebiosu (middle); and others, after the handing over of the ARCON Lagos office to the contractor for redevelopment… recently
How Highrises can Move Towards Zero Waste Multi-residential buildings often have pitiful rates of recycling and composting. For example, in Toronto, highrise residents divert an average of 27 per cent of their waste from the landfill — less than half the 65 per cent diversion rate for people who live in houses. But getting most of the way to zero waste is possible for highrise dwellers, as Toronto’s Mayfair on the Green has shown, according to Toronto Environmental Alliance (TEA). The condo building in the Malvern neighbourhood in the city’s east end has more than 1,000 residents across 282 units, but manages to divert 85 per cent of its waste to recycling and composting, saving $15,000 a year in waste fees. It now puts out just one dumpster full of garbage a month, down from 20 a month in 2008. About three years ago, this caught the attention of the Toronto Environmental Alliance (TEA), a local group focused on sustainability. “We said, ‘Wow, this is amazing,’” said Emily Alfred, TEA’s waste campaigner. “What are they doing that makes them so
successful?” Often, the biggest challenge for multi-residential buildings is that many were designed before recycling and organics collection existed. Consequently, they make it more convenient to throw out garbage — down a chute just steps away from your unit — than to recycle or compost, which typically requires a trip down the elevator to the basement, garage or even outside across a parking lot. (Plus, in many parts of Canada, organics composting often isn’t available at all.) Because waste disposal is generally handled by building staff, residents are often unaware of how much disposal costs and don’t understand the impact of putting waste in the wrong bin, Alfred said. Mayfair on the Green solved these problems by: Converting their garbage chute into an organics chute (and making people take their garbage, which is less smelly, downstairs); Creating a main floor recycling room to handle a variety of waste, including cooking oil, e-waste, hazardous waste and reusable items that could be offered to other residents before being
donated to charity; and doing door-to-door outreach so residents understood proper disposal for each kind of waste. Alfred said that highrises also have some features that can facilitate waste diversion, such as common spaces that can be used to collect and sort different kinds of waste and house donation bins. They also have property managers and maintenance staff who can help set up waste rooms, track waste and come up with innovative solutions. One key to Mayfair on the Green’s success was its superintendent, Princely Soundranayagam (see above photo), who did all of those things. Finally, they’re communities where residents can share ideas and some of the work involved. That, Alfred said, “can be really powerful in terms of creating a zero waste culture in a building and helping it move forward.” TEA has spent three years working with Mayfair on the Green, as well as 10 other highrises and University of Toronto geography professor Virginia MacLaren to learn how to replicate this success in other
Cobble Hill Champioms Luxury, Affordability in Real Estate Luxury Real Estate and Investment Firm, Cobble Hill has said it is positioned to bring a blend of adventure, value and redefined housing experience to the industry, to offer customers affordable and comfortable homes. It said, in a statement that “One of such experiences will be in its new Olivia Court development located in the heart of Lekki, a high end and premium life style hub, that defines the real experience of Nigeria’ commercial city. Olivia Court is located tantalizingly close to some of the best recreation and lifestyle spots in Lagos. Lekki Phase 1 is famed for being the home of a mix of plush and high-end retail brands, fine dining spaces and
the connoisseurs of premium and delectable night-life and fun outfits. Olivia Courts is thus perfectly positioned for the best of Lagos. The project comes with different layouts and offers one of the best amenities including accessible environment, perfect interior, Security and all that a customer desire in a home.” Offering studios, one, two and three bed duplex style apartments with all premium finishes along with amenities such as 24hr electricity, potable water all within a secured environment. As stated by the Executive Director, Mrs. Tola Ajagunna, the company’s strategy has been acquiring irreplaceable properties in prime loca-
tions with the potential for significant increase in residual value and cash flow. She added that, the execution capabilities in purchasing, developing and managing premier assets stands the company out in the competitive real estate industry in Nigeria. Mrs. Ajagunna further revealed that, it is not just about real estate and investment, but it is more of creating adventure, value, satisfaction and ownership to the selected clients. Cobble Hill has come to enhance government’s effort in providing affordable, and comfortable housing solutions to varied strata of Nigerians.
buildings. TEA is inviting other buildings to take part in the next phase of its Zero Waste Highrise project, which launched
this week. The group will help participants evaluate their building, develop a plan and report
on their progress. It will also provide inspiration in the form of success stories and learning events.
CSE Report: India Manages to Recover, Recycle Only About 1% of Construction Waste Bennett Oghifo A new analysis by Centre for Science and Environment (CSE), released recently at a national online Round Table, quotes the Building Material Promotion Council (BMPTC) that India generates an estimated 150 million tonnes of construction and demolition (C&D) waste every year, but that the official recycling capacity is a meagre 6,500 tonnes per day (TPD), just about 1 per cent. Also, unofficial estimates of the total waste generated in the country put the figure at three-five times more than the official estimate. However, Nigeria, unlike India, has no tradition or record of construction and demolition waste recovery and recycling, and the waste is either used to fill portholes on roads or disposed in dumpsites. CSE is a public interest research and advocacy organisation based in New Delhi, India. CSE researches into, lobbies for and communicates the urgency of development that is both sustainable and equitable. The analysis, according to a statement by CSE, has laid bare some of these unpleasant truths about the way the country is managing its C&D waste. “Another Brick off the Wall: Improving construction and demolition waste management in Indian cities – as the analysis report is titled – also goes on to recommend a viable plan of action.” Releasing the report at the Round Table, CSE Director General Sunita Narain said: “Our study shows that as many as 53 cities were expected to set up recycling facilities to recover material from C&D waste by 2017 – but only 13
cities have done that by 2020. This is unacceptable when the demand for primary building material, including minerals, stone, sand, iron ore, aluminum, and timber, is growing at an unprecedented rate. She went on to add: “A significant proportion of construction waste can be recycled and reused and brought back to construction to substitute naturally sourced material. This demands a circular economy that can turn C&D waste into a resource. This can help reduce energy intensity and environmental footprints of buildings and infrastructure.” The Executive Director, Research and Advocacy, CSE, Anumita Roychowdhury, who heads the Centre’s Sustainable urbanisation programme, said: “Heaps of concrete, bricks and metal waste from construction are choking waterbodies, green areas and public spaces in our cities. Toxic dust particles from the debris are polluting air, at a time when cities have to reduce their particulate pollution by 20-30 per cent by 2024, under the ongoing National Clean Air Programme (NCAP).” CSE researchers point out that the sorry state of affairs exists notwithstanding the removal of legal hurdles to using recycled C&D material in construction. “The Bureau of Indian Standards (BIS) has allowed the use of concrete made from recycled material and processed C&D waste. The Construction and Demolition Waste Rules and Regulations, 2016 have mandated reuse of recycled material. “Even the Swachh Bharat Mission has recognised the need for C&D waste management. Ranking points for
C&D waste management for SwachhSurvekshan2021 have been doubled to 100 points, divided equally between management infrastructure and waste processing efficiency. Cities will need to have a C&D waste collection systemin place; notified charges for C&D services; and segregation of waste in five streams. Under waste processing efficiency criteria, ranking points will be awarded based on the percentage of collected waste that is processed and reused.” Roychowdhury said: “This recognition by the Swachh Bharat Mission and the C&D Waste Rules offers an opportunity -- cities will need strong preparedness for this. Our new study has carried out a detailed analysis of the current C&D challenge as well as technical and regulatory barriers to implementation of the Rules. It has identified strategies needed to accelerate the implementation of the Rules and market uptake of recycled material. The analysis is supported by ground-reality checks in multiple cities.” Key highlights Need robust estimation and characterisation of C&D waste to design systems for material recovery: Cities need comprehensive assessment and quantification of C&D waste generation, to plan adequate infrastructure and systems for treatment and management. ULBs to some extent have documented the quantum of C&D waste dumped in landfills or in locations under their direct jurisdiction. However, a significant portion of the waste is diverted to informal markets and for illegal filling beyond the municipal jurisdiction.
32
T H I S D AY ˞ ͰͰ˜ 2020
BUSINESS/MONEYGUIDE
Court Orders Firm to Return N15m Loan Maduabuchi Ubani An Ikeja High Court has ordered a company, the Tilimanjaro Nigeria Limited, to refund a N15 million loan obtained from Nichole Integrated Investment Limited. Apart from the said N15 million, Justice Raliat Adebiyi, who presided over the court, further ordered Tilimanjaro Nigeria Limited to pay Nichole Integrated Investment Limited another N1million as general damages. The judge added: “Post- judgment interest shall be on the judgment sum at 35 per cent per annum from the date hereof until final liquidation of the judgment debt. “The claimant’s clams for a declaration that the defendant is bound by the terms of the Loan Agreement dated 27th May 2011 and for pre-judgment interest at 35 per cent per annum fall and are hereby dismissed. “The defendant’s counterclaim
falls in its entirety and is hereby dismissed.� Nichole Integrated Investment Ltd filed the suit, marked NO.ID/ ADR/591/13, in 2013 against Tilimanjaro Nigeria Ltd. following dispute over the loan agreement. Nichole Integrated Investment Limited contended in its statement of claims that sometime in 2011 Titilayo Nosa-Igiebor of Tilimanjaro Nigeria Limited approached it through its Chief Executive Officer (CEO) Peter Omokaro, for a “friendly loan� of N15 million. The company averred that the sum was to enable Titilayo Nosa-Igiebor’s brother, who is also a director in Tilimanjaro Nigeria limited, to pay tuition fees in a Pilot Training School in the United States of America (USA) when the family could not immediately raise the funds. Nichole Integrated Invest Limited obliged the request and advanced the N15 million to Tilimanjaro, he stated.
The claimant stated that by reason of the urgency which the defendant requested the loan and the ill health of the CEO at the material time, the loan agreement could not be executed by the parties before disbursement of the loan to the Tilimanjaro Nigeria Limited. He contended that Tilimanjaro’s Managing Director by an email July 19, 2011 acknowledged receipt of the loan agreement, but failed and or neglected to execute the loan Agreement despite the assurances to execute and return same to the claimant. The claimant averred that prior to when the N15 million loan was advanced to Tilimanjaro, the CEO of the claimant and Titilayo Nosa-Igiebor were in an affair. However, following Tilimanjaro’s failure to honour its obligation to repay the loan at the due date in 2013, Nichole Integrated Investment sued for loan recovery through its counsel, Jerry Omoregie.
Easwaran
MARKET INDICATORS MONEY AND CREDIT STATISTICS
DafriBank Appoints Chief Executive Officer Africa’s pioneer digital banking outlet, DafriBank has unveiled its new chief executive officer, Mr. Ramaswamy Easwaran. DafriBank Limited has subsidiaries in Nigeria and has presence in 23 countries. The group is in the process of constructing its headquarters in Marina, Lagos and plans to migrate from digital-only operation to commercial banking by 2023. “We are pleased to announce Mr. Ramaswamy Easwaran as DafriBank new Chief Executive Officer with effect from September 1, 2020. Easwaran’s experience in banking, solid knowledge and background places him in an excellent position to lead the growth and sustainability of DafriBank,� the bank said in a statement. Easwaran is an award-winning versatile banker with a career that spans over 18
years, having worked for some blue-chip banks like HSBC, ABN Amro, BNP Paribas, IndusInd Bank. He had multiple roles across verticals, some of which include: product management, rolling out products in the payments and corporate banking channels, end to end product management right from initiation till maturity and decline. He also worked in multiple large-scale projects and provided successful implementation, operations, solutions delivery and structuring deals, business management, which involved data analytics and presentation to the management team on strategy, business development and external bench-marking. Commenting on the appointment, DafriGroup Plc’s Chairman, Mr. Xolane Ndhlovu said: “Following rigorous and extensive
search process, we are pleased to have appointed someone of Easwaran calibre, experience and ability to fill the important position. “Easwaran strong knowledge of digital banking and successful background in financial services put him in an excellent position to lead the growth and sustainability of DafriBank.� Easwaran holds multiple academic degrees, including Bachelors in Accountancy with the major studies, including Accounting, Economics, Taxation, and Audt. He holds an ACMA degree awarded by the Institute of Cost Accountants of India (ICAI). Additional qualifications include Scrum Foundation Certificate (SFC) from ScrumStudy. He also holds certifications in Blockchain Technology, Data Analytics, and Artificial intelligence.
Nigeria Reinsurance Appoints Ale MD Ebere Nworji The Nigeria Reinsurance Corporation has announced the appointment of Akinsola Ale as its new Managing Director. His appointment has been confirmed by the National Insurance Commission (NAICOM). Before his appointment, Ale was the Executive Director Technical Services of Nicon Insurance Limited and briefly acted as the Managing Director/Chief Executive Officer of the firm. He was responsible for delivering
on the enterprise-wide charge of steering the company to the path of sustainability and success and ensuring that the overall objectives of the organisation is met. “His prudent management of financial resources and strong decision-making policies, coupled with his professional training over the years, as well as his ability to relate well with people of diverse backgrounds will be major assets in propelling the corporation to new heights,� the company said in a statement.
A graduate of Insurance from the University of Lagos (1989) and an Associate of the Chartered Insurance Institute (ACII), London (1991), Ale has over 30 years work experience in and outside the insurance industry with 25 years in top management positions. Five of those years have been as Managing Director/CEO in organisations operating in diverse spectre of the economy, ranging from integrated marketing communications, printing, telecommunications and infrastructure development.
NB Gives Reasons for Niger Bridge Light Up initiative Raheem Akingbolu The Nigerian Breweries Plc (NB) has stated that the decision of Life, one of the lager beer brands in its stable, to embark on the multi-million naira project of illuminating the Niger Bridge, in the south-east, was borne out of the need to establish closer bond with its core consumers in that part of the country, and enhance its brand identifier, which the iconic bridge represents. The Niger Bridge in Onitsha, Anambra State, connects the
south-eastern Nigeria with western Nigeria, over the River Niger, and is linked to Asaba, in Delta State. The company’s Head, Media, Digital, Brand PR & Sponsorship, Mr. Wasiu Ola Abiola, in an interview with the media recently, described the multi-million project as, a result of the brand’s sentimental attachment to the South East. According to him, Life brand started as a regional beer, when it was first brewed
in Onitsha, Anambra State, in 1981, before growing to become a popular choice of Nigerians in every part of the part country. Describing the initiative as ‘a historic landmark’, Abiola stated that the lighting up of the bridge was not only significant for the company and the Life lager beer brand, but also the people of the south East, due to the longstanding relationship existing between the brand and the people of the South Eastern region.
(MILLION NAIRA)
JULY 2020 Money Supply (M3)
36,822,751.47
-- CBN Bills Held by Money Holding Sectors
3,476,121.25
Money Supply (M2)
33,346,630.22
-- Quasi Money
120,764,479.02
-- Narrow Money (M1)
12,582,151.19
---- Currency Outside Banks
2,002,026.89
---- Demand Deposits
10,580,124.31
Net Foreign Assets (NFA)
7,637,137.23
Net Domestic Assets(NDA)
29,185,614.24
-- Net Domestic Credit (NDC)
39,711,115.95
---- Credit to Government (Net)
19,521,851.08
---- Memo: Credit to Govt. (Net) less FMA
0.00
---- Memo: Fed. and Mirror Accounts (FMA)
0.00
---- Credit to Private Sector (CPS)
-130,189,264.87
--Other Assets Net
3,472,017.70
Reserve Money (Base Money
13,421,827.07
--Currency in Circulation
2,395,917.03
--Banks Reserves --Special Intervention Reserves
11,025,910.04 317,234.17
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Money Market Indicators (in Percentage) Month Inter-Bank Call Rate
March 2018 15.16
Minimum Rediscount Rate (MRR) Monetary Policy Rate (MPR)
14.00
Treasury Bill Rate
11.84
Savings Deposit Rate
4.07
1 Month Deposit Rate
8.82
3 Months Deposit Rate
9.72
6 Months Deposit Rate
10.93
12 Months Deposit Rate
10.21
Prime Lending rate
17.35
Maximum Lending Rate
31.55
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OPEC DAILY BASKET PRICE Ëœ ÍŻÍľ Í°ÍŽÍ°ÍŽ
The price of OPEC basket of thirteen crudes stood at $42.98 a barrel on Friday, compared with $42.07 the previous day, according to OPEC Secretariat calculations. The OPEC Reference Basket of Crudes (ORB) is made up of the following: Saharan Blend (Algeria), Girassol (Angola), Djeno (Congo), ZaďŹ ro (Equatorial Guinea), Rabi Light (Gabon), Iran Heavy (Islamic Republic of Iran), Basra Light (Iraq), Kuwait Export (Kuwait), Es Sider (Libya), Bonny Light (Nigeria), Arab Light (Saudi Arabia), Murban (UAE) and Merey (Venezuela). SOURCE: OPEC headquarters, Vienna
33
T H I S D AY ˞ ͰͰ˜ Ͱ͎Ͱ͎
GTBank, MTN Propel Marginal Stock Market Appreciation Goddy Egene Gains recorded by Guaranty Trust Bank Plc and MTN Nigeria Communications Plc led to a marginal appreciation in the Nigerian Stock Exchange (NSE) All-Share Index (ASI) on the first trading day of the new week. The NSE ASI appreciated by 0.01 per cent to close at 25,574.35, while market capitalisation added N929
million to be at N13.4 trillion. Ordinarily, the market ought to have closed in the negative territory considering the fact there were more price losers than gainers. A total of 16 stocks dipped in value while only nine stocks appreciated. However, gains recorded by MTNN, GTBank and UAC of Nigeria Plc propelled the positive performance. But ABC Transport Plc led the price gainers’ table with 10 per cent,
P R I C E S MAIN BOARD
F O R DEALS
trailed by WAPIC Insurance Plc with 8.1 per cent. UACN of Nigeria Plc chalked up 5.7 per cent, just as Mutual Benefits Assurance Plc and Cornerstone Insurance Plc garnered 5.0 per cent and 4.9 per cent in that order. International Breweries Plc chalked up three per cent, just as Presco Plc went up by 1.8 per cent. Shareholders of Presco Plc early this month approved the N2 billion dividend recom-
S E C U R I T I E S MARKET PRICE
QUANTITY TRADED
VALUE TRADED ( N )
mended by the board for the year ended December. The shareholders commended the board and management of the company for the impressive financial performance and recommendation of the dividend, which translated to 200kobo per share. They commended efforts by the board and management of Presco Plc to boost the company’s operations, noting that they were particularly
T R A D E D MAIN BOARD
A S
impressed with the resolve to pay dividend and sustain growth agenda. Chairman of the company, Pierre Vandebeeck, had told the shareholders about the construction of a new 350 tons per day palm kernel crushing plant was completed while work on the new 500 tons per day vegetable oil refinery has been completed with its commissioning scheduled for this year. Meanwhile, Champion
O F
Breweries Plc led the price losers with 10 per cent, trailed by Redstar Express Plc with 9.2 per cent. Japaul Oil shed 4.7 per cent, while Regency Insurance Plc went down by 4.1 per cent. Jaiz Bank Plc and Julius Berger Nigeria Plc lost 3.3 per cent and 3.2 per cent in that order. Activity level was mixed as volume traded rose 1.4 per cent to 196.1 million shares while value traded declined 6.4 per cent to N1.7 billion.
2 1 / 0 9 / 2 0 2 0 DEALS
MARKET PRICE
QUANTITY TRADED
VALUE TRADED ( N)
34
TUESDAY, SEPTEMBER 22, 2020 ˾ T H I S D AY
MARKET NEWS
Emerging Africa Capital CEO, Sanni, Wins Tech Times Award Goddy Egene The Chief Executive Officer (CEO) of
Emerging Africa Capital Group, Mrs. Toyin Sanni, has won the Tech Times Africa Influencer Award in the CEO Category.
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
The Tech Times Africa Influencer Award is Africa’s largest and most prestigious accolades for the most influential personalities in 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 18Sep-2020, unless otherwise stated.
African LinkedIn community. The award is designed to identify and recognise those outstanding personalities and project their
achievements to the African society and the world at large. The CEO Award recognised three CEO
winners across Africa after initial nominations and weeks of online voting from across the world.
Offer price: The price at which units of a trust or ETF are bought by investors. Bid Price: The price at which Investors redeem (sell) units of a trust or ETF. Yield/Total Return: Denotes the total return an investor would have earned on his investment. Money Market Funds report Yield while others report Year- to-date Total Return. NAV: Is value per share of the real estate assets held by a REIT on a specific date.
DAILY PRICE LIST FOR MUTUAL FUNDS, REITS and ETFS MUTUAL FUNDS / UNIT TRUSTS AFRINVEST ASSET MANAGEMENT LTD aaml@afrinvest.com Web: www.afrinvest.com; Tel: +234 818 885 6757 Fund Name Bid Price Offer Price Yield / T-Rtn Afrinvest Equity Fund N/A N/A N/A Afrinvest Plutus Fund N/A N/A N/A Nigeria International Debt Fund N/A N/A N/A ALTERNATIVE CAPITAL PARTNERS LTD info@acapng.com Web: www.acapng.com, Tel: +234 1 291 2406, +234 1 291 2868 Fund Name Bid Price Offer Price Yield / T-Rtn ACAP Canary Growth Fund 0.93 0.94 3.23% ACAP Income Funds 0.79 0.79 10.34% AIICO CAPITAL LTD ammf@aiicocapital.com Web: www.aiicocapital.com, Tel: +234-1-2792974 Fund Name Bid Price Offer Price Yield / T-Rtn AIICO Money Market Fund 100.00 100.00 5.55% AIICO Balanced Fund 3.03 3.12 23.74% ANCHORIA ASSET MANAGEMENT LIMITED info@anchoriaam.com Web:www.anchoriaam.com, Tel: 08166830267; 08036814510; 08028419180 Fund Name Bid Price Offer Price Yield / T-Rtn Anchoria Money Market 100.00 100.00 2.36% Anchoria Equity Fund 100.32 100.66 -1.60% Anchoria Fixed Income Fund 1.29 1.29 11.63% ARM INVESTMENT MANAGERS LTD enquiries@arminvestmentcenter.com Web: www.arm.com.ng; Tel: 0700 CALLARM (0700 225 5276) Fund Name Bid Price Offer Price Yield / T-Rtn ARM Aggressive Growth Fund 14.52 14.95 -5.23% ARM Discovery Fund 342.46 352.78 -0.86% ARM Ethical Fund 30.63 31.56 5.33% ARM Eurobond Fund ($) 1.16 1.16 15.89% ARM Fixed Income Fund 1.08 1.09 8.64% ARM Money Market Fund 1.00 1.00 4.16% 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 2.19 2.19 19.01% Capital Express Balanced Fund(Formerly: Union Trustees Mixed Fund) 1.87 1.89 7.24% CHAPELHILL DENHAM MANAGEMENT LTD investmentmanagement@chapelhilldenham.com Web: www.chapelhilldenham.com, Tel: +234 461 0691 Fund Name Bid Price Offer Price Yield / T-Rtn Chapelhill Denham Money Market Fund 100.00 100.00 5.07% Paramount Equity Fund 11.48 11.67 -8.35% Women's Investment Fund 111.10 112.07 0.62% CORDROS ASSET MANAGEMENT LIMITED assetmgtteam@cordros.com Web: www.cordros.com, Tel: 019036947 Fund Name Bid Price Offer Price Yield / T-Rtn Cordros Money Market Fund 100.00 100.00 4.19% Cordros Milestone Fund 2023 106.08 106.42 Cordros Milestone Fund 2028 119.23 120.10 Cordros Dollar Fund ($) 103.66 103.66 CORONATION ASSEST MANAGEMENT investment@coronationam.com Web:www.coronationam.com , Tel: 012366215 Fund Name Bid Price Offer Price Yield / T-Rtn Coronation Money Market Fund 1.00 1.00 3.39% Coronation Balanced Fund 0.95 0.97 2.83% Coronation Fixed Income Fund 1.58 1.58 18.74% 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 3.69% EDC Nigeria Money Market Fund Class B 1,000,000.00 1,000,000.00 2.60% EDC Nigeria Fixed Income Fund 1,174.42 1,187.41 5.92% 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 1,410.04 1,411.60 15.49% FBN Balanced Fund 153.52 154.56 4.56% FBN Halal Fund 108.39 108.40 8.39% FBN Money Market Fund 100.00 100.00 4.39% FBN Nigeria Eurobond (USD) Fund - Institutional 121.39 121.93 5.01% FBN Nigeria Eurobond (USD) Fund - Retail 121.43 121.96 4.52% FBN Nigeria Smart Beta Equity Fund 115.23 117.01 -11.45% FCMB ASSET MANAGEMENT LIMITED fcmbamhelpdesk@fcmb.com Web: www.fcmbassetmanagement.com; Tel: +234 1 462 2596 Fund Name Bid Price Offer Price Yield / T-Rtn Legacy Money Market Fund N/A N/A N/A Legacy Debt Fund N/A N/A N/A Legacy Equity Fund N/A N/A N/A Legacy USD Bond Fund N/A N/A N/A FSDH ASSET MANAGEMENT LTD coralfunds@fsdhgroup.com Web: www.fsdhaml.com; Tel: 01-270 4884-5; 01-280 9740-1 Fund Name Bid Price Offer Price Yield / T-Rtn Coral Growth Fund 3,172.92 3,208.34 4.34% Coral Income Fund 3,197.09 3,197.09 3.94% FSDH Treasury Bills Fund 100.00 100.00 4.00% 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 100.00 100.00 4.04% Nigeria Entertainment Fund 114.53 120.55 8.38%
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 3.82% Vantage Balanced Fund 2.11 2.15 -3.47% Vantage Guaranteed Income Fund 1.00 1.00 8.43% Kedari Investment Fund (KIF) 150.64 151.38 5.09% 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 1.26 1.28 7.93% Lotus Halal Fixed Income Fund 1,139.79 1,139.79 7.62% MERISTEM WEALTH MANAGEMENT LTD info@meristemwealth.com Web: http://www.meristemwealth.com/funds/ ; Tel: +234 1-4488260 Fund Name Bid Price Offer Price Yield / T-Rtn Meristem Equity Market Fund N/A N/A N/A Meristem Money Market Fund N/A N/A N/A PAC ASSET MANAGEMENT LTD info@pacassetmanagement.com Web: www.pacassetmanagement.com/mutualfunds; Tel: +234 1 271 8632 Fund Name Bid Price Offer Price Yield / T-Rtn PACAM Balanced Fund 1.32 1.35 8.58% PACAM Fixed Income Fund 11.90 11.97 5.71% PACAM Money Market Fund 10.00 10.00 3.29% PACAM Equity Fund 1.07 1.08 PACAM EuroBond Fund 108.16 110.72 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 119.24 121.59 -4.54% 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 1.02 1.02 6.62% STANBIC IBTC ASSET MANAGEMENT LTD assetmanagement@stanbicibtc.com Web: www.stanbicibtcassetmanagement.com; Tel: +234 1 280 1266; 0700 MUTUALFUNDS Fund Name Bid Price Offer Price Yield / T-Rtn Stanbic IBTC Balanced Fund 2,521.35 2,532.80 6.94% Stanbic IBTC Bond Fund 210.33 210.33 5.16% Stanbic IBTC Ethical Fund 0.88 0.89 -0.56% Stanbic IBTC Guaranteed Investment Fund 273.87 273.95 5.96% Stanbic IBTC Iman Fund 154.92 156.64 4.79% Stanbic IBTC Money Market Fund 100.00 100.00 3.59% Stanbic IBTC Nigerian Equity Fund 7,674.15 7,756.30 -3.01% Stanbic IBTC Dollar Fund (USD) 1.21 1.21 3.96% Stanbic IBTC Shariah Fixed Income Fund 109.46 109.46 5.04% UNITED CAPITAL ASSET MANAGEMENT LTD Web: www.unitedcapitalplcgroup.com; Tel: +234 803 306 2887 Fund Name Bid Price Offer Price Yield / T-Rtn United Capital Balanced Fund 1.16 1.18 -3.03% United Capital Bond Fund 1.85 1.85 7.20% United Capital Equity Fund 0.66 0.68 -5.67% United Capital Money Market Fund 1.00 1.00 4.58% United Capital Eurobond Fund 114.78 114.78 5.05% United Capital Wealth for Women Fund 1.03 1.03 -2.23% QUANTUM ZENITH ASSET MANAGEMENT & INVESTMENTS LTD service@quantumzenithasset.com.ng Web: www.quantumzenith.com.ng; Tel: +234 1-2784219 Fund Name Bid Price Offer Price Yield / T-Rtn Zenith Equity Fund 10.36 10.18 -0.64% Zenith Ethical Fund 11.55 11.65 -0.62% Zenith Income Fund 24.41 24.41 6.75% Zenith Money Market Fund 1.00 1.00 3.57%
REITS NAV Per Share
Fund Name SFS Skye Shelter Fund
Yield / T-Rtn
117.93
5.15%
53.40
2.59%
Bid Price
Offer Price
Yield / T-Rtn
9.18 85.18 66.78
9.28 87.02 68.00
5.37% -9.82% -11.12%
Union Homes REIT
EXCHANGE TRADED FUNDS Fund Name Lotus Halal Equity Exchange Traded Fund SIAML Pension ETF 40 Stanbic IBTC ETF 30 Fund
VETIVA FUND MANAGERS LTD Web: www.vetiva.com; Tel: +234 1 453 0697 Fund Name Vetiva Banking Exchange Traded Fund Vetiva Consumer Goods Exchange Traded Fund Vetiva Griffin 30 Exchange Traded Fund Vetiva Money Market Fund Vetiva Industrial Goods Exchange Traded Fund Vetiva S&P Nigeria Sovereign Bond Exchange Traded Fund
funds@vetiva.com Bid Price
Offer Price
Yield / T-Rtn
3.04 4.29 12.06 1.00 11.24 185.92
3.08 4.37 12.16 1.00 11.44 187.92
-14.28% -27.26% -0.60% N/A 8.08% -1.28%
NAV Per Share
Yield / T-Rtn
108.03
15.02%
INFRASTRUCTURE FUND Fund Name Chapel Hill Denham Nigeria Infrastructure Debt Fund
The value of investments and the income from them may fall as well as rise. Past performance is a guide and not an indication of future returns. Fund prices published in this edition are also available on each fund manager’s website and FMAN’s website at www.fman.com.ng. Fund prices are supplied by the operator of the relevant fund and are published for information purposes only.
TUESDAY SEPTEMBER 22, 2020 ˾ T H I S D AY
35
24 HOURS...
24 HOURS...
No Extremist Boko Haram Fighter Reintegrated into Society, Says Military Michael Olugbode in Maiduguri The Nigerian military yesterday said no hardcore Boko Haram insurgent has been reintegrated into the society.
Speaking at a-one day capacity building workshop organised by the Centre for Democracy and Development (CDD) for National Orientation Agency (NOA) and community leaders on Peace
Ojudu, Others Reject Ekiti APC Disciplinary Committee Victor Ogunje in Ado Ekiti The Special Adviser to President on Political Matters, Senator Babafemi Ojudu, and other party leaders summoned for trial over alleged anti party activities in Ekiti State have faulted the composition of the disciplinary committee set up by the State Working Committee of the All Progressives Congress (APC) as ordered by the state Governor Mai Mala Buni-led National Working Committee (NWC). Ojudu, Hon Oyetunde Ojo, an in-law to the APC national leader, Senator Ahmed Bola Tinubu; ex-governorship aspirant
Building and Reconciliation, the Coordinator of Operation Safe Corridor, Maj. Gen. Bamidele Shaffa, said till date, no fewer than 500 members of the Boko Haram terrorists have been tried and sentenced to various jail terms by the federal government. He noted that till date, 914 repentant Boko Haram terrorists have passed the Operation Safe
Corridor, and reintegrated to the society, but none of them have been an extremist or hardcore Boko Haram member. Shaffa said all the reintegrated Boko Haram members were well documented and are monitored every time and could be rearrested if they relapsed. He said the military has a responsibility to key into the
determination of the government to see that peace return to Borno State, adding that the state Governor, Babagana Zulum, has also been working for the return of peace to the state as he has been going round in search of peace. Shaffa said the federal government is highly committed to the return of peace in the North-east region, noting that the military
is working tirelessly to see that peace returns and everyone is returned to their homeland. He said: “We have 914 repentant Boko Haram terrorists that have passed the Operation Safe Corridor and are well documented. The federal government has tried over 500 Boko Haram members and sentenced them to various prison terms.
of the party, Dr. Wole Oluyede, and nine others summoned by the panel said those on the committee cannot guarantee fairness. They noted that the decision of the state APC to commence disciplinary measures against them and subsequent invitation was a clear violation of their fundamental rights to seek redress in court when aggrieved with any process. Ojudu and others were to appear before the panel for filing a suit at the Federal High Court in Abuja challenging the constitution of the Paul Omotosho-led State Working Committee and for criticising the administration of the state Governor, Dr. Kayode Fayemi.
DELIVERING THE DIVIDENDS.... Fayemi: I’ll Ensure Universal L-R: Permanent Secretary, Oyo State Ministry of Public Works, Infrastructure and Transport, Mr. Adebowale Balogun; Director of Mr. Akinpade Emmanuel; and Oyo State Governor, Mr. Seyi Makinde, during the inspection of the construction of 21-km Health Coverage for Ekiti Citizens Highways, Airport-Ajia-New Ife road with spur to Amuloko, Ibadan...yesterday Victor Ogunje in Ado Ekiti
The Governor of Ekiti State, Dr. Kayode Fayemi, has said the huge investment he is committing to the health sector would facilitate universal health coverage for all Ekiti citizens. Fayemi added that the focus of his administration is to bring affordable healthcare delivery for both the poor and the rich in the society. The governor stated this in Ado Ekiti through the state Commissioner for Health, Dr. Oyebanji Filani, yesterday while touring some health facilities across the state. He reiterated the state government commitment to prioritise the provision of quality health care services for the citizens for improved welfare and long
life expectancy. The governor, who visited the three Specialist Hospitals in Ikere, Ikole and Ijero as well as some General Hospitals across the state, added that the ongoing investment is to ensure that universal access to health facilities is available to all residents in the state. Fayemi also visited the state Specialist Hospital in Ikole Ekiti and several other secondary health facilities in the state. The governor said the purpose of the visit with the leadership and staff of the health facilities is to improve the quality of service delivery in Ekiti State. He further added that “the overall goal is to improve health outcomes whilst providing quality healthcare for residents of Ekiti State.
Abaribe: I will Continue to Fight for People’s Rights Deji Elumoye in Abuja Senate Minority Leader, Senator Eyinnaya Abaribe, has vowed to continue to fight for the rights of the citizenry through necessary legislative interventions, as well as taking definite stand on critical national issues. Abaribe, who spoke in Abuja yesterday while playing host to poets from the University of Nigeria, Nsukka, who authored his biography titled: ‘Ala Asaala, Silhouette of Abaribe’, said he has been fighting injustice against the people since his time as the deputy governor of Abia State in 1999. The fourth time Senator stated that his political life since the advent of the Fourth Republic has been full of coincidences in the cause of fighting for what is right. He explained that his travails as deputy governor of Abia State in
2000 made the late Oba of Lagos, Oba Adeyinka Oyekan, to invite him to Lagos and gave him the title of Alasela, meaning successful person, “which was coined by my people from Igboland to ‘Ala Asaala’, meaning enlargement of coast.” Abaribe added that “since then, it has been successful endeavours for me, and enlargement of coast politically, having been in the Senate since 2007 till date, and even as a Minority Leader, paving way for me to speak to Nigerians on critical issues and joining other stakeholders in putting things alright.” According to him, the literary work used in depicting his little contributions to the Nigerian society by African Spontanists Movement (ASM) of the University of Nigeria, Nsukka, will further spur him to do more for the advancement of his society and humanity generally .
Again, Floods Threaten N60bn Sugar Investments in Niger James Emejo in Abuja The National Sugar Development Council (NSDC) has raised the alarm that the N60 billion sugar investment project in Sunti Golden Sugar Estate (SGSE) in Niger State is reportedly threatened by floods occasioned by the sudden release of water from the Kainji Hydro Power Dam in the state. The sugar project, which is owned by the Flour Mills Nigeria Limited, is one of the three major
players currently implementing the backward integration programme component of the Nigeria Sugar Master Plan (NSMP). The floods which reportedly swept through the sugar estate, destroyed flood protection dykes, factory equipment and submerged cane fields, pulling down office and residential buildings as well as halted activities on the estate. The Executive Secretary of NSDC, Dr. Latif Busari, said the incident had become a recurring
event since the project began over five years ago. He said the situation was worrisome, adding that “this is a huge setback for the Flour Mills of Nigeria, the sugar sector and Nigeria as a country, as it will impede the realisation of the 4,500 metric tons of sugarcane daily processing by the company and the one million tons of sugar production projection recently agreed with major sugar producers.” In a statement issued by the
Deputy Director, Public Affairs, NSDC, Ahmed Waziri, Busari, said the massive flood, which affected the farm, was not a natural flood, but most likely a man-made one instigated by the overflow of water from the Jebba and/or Kainji Dams. He said the operators of the Jebba and Kainji Dams possibly opened up their spill gates to enable the water go down the river in a bid not to submerge the turbines that are being used to generate power in the country.
Tinubu Pays Tribute to Wife at 60 The National Leader of All Progressives Congress (APC), Senator Bola Ahmed Tinubu, has paid glowing tribute to his wife, Senator Oluremi Tinubu, who clocked 60 years yesterday. The former Lagos State governor praised the Senator representing
Lagos Central senatorial district for her perseverance, endurance and independent character, attributes, which, according to him, she exhibited particularly during the struggle against military dictatorship. Speaking with journalists at his Bourdillon, Lagos residence,
the former Lagos State governor described Senator Tinubu as her greatest friend, ally and supporter even at most difficult times. He said: “We are a living symbol of love, care, perseverance and commitment. There are so many moments, many twists and turns
in our lives. “You know, during the dark days when democracy was assaulted in this country, we suffered a lot, the family suffered. As a result of that, she was in America while I was criss-crossing Europe.”
Uzodimma Didn’t Reject Edo Election Results, Says Commissioner Imo State Government has declared as false and wicked the rumour making the rounds in the social media that the state governor, Senator Hope Uzodimma has rejected the results of the Edo State governorship election. A statement by the Commissioner for Information and Strategy, Hon. Declan Emelumba, said the falsehood
was planted in the social media by wicked, unrepentant and vicious members of the opposition who will stop at nothing, to smear the image of the governor. Emelumba explained that the governor was not a candidate in the Edo State governorship election and therefore could not have rejected the results of the said election.
According to the commissioner, the opposition fabricated a press statement, which they credited to the Chief Press Secretary to the Governor through which they announced the so-called rejection of the Edo State governorship results by the governor, adding “but they exposed themselves as wicked fakers when they dated the
press release May 20, 2020. For a reaction to an election held on Saturday September 19 that says everything” The statement noted that it was the fake and wicked press release that set the social media agog with the equally fake news the governor Uzodimma has rejected the Edo State governorship election results.
Ikpeazu Calls for Vigilance as Unknown Attackers Disarm Security Agents Emmanuel Ugwu in Umuahia Abia State Governor, Dr. Okezie Ikpeazu, has raised the alarm over the rate at which unknown people are attacking and disarming security agents in the state, saying the ‘ugly’ development calls for heightened vigilance. The latest incident involved two
separate attacks on security agents launched by yet-to-be identified persons across the state during which the victims lost their guns, but are still alive. The state Commissioner for Information, Chief John Okiyi Kalu, said in a statement issued yesterday that the state government has received information on the said attacks with the governor promptly directing security agents to fish out
the attackers and recover the lost arms. He said the state government was doing everything possible to protect residents of the state, adding that there was need for the people to compliment the government efforts to ensure security of lives and property. According to the commissioner, “We also wish to strongly advise individuals and corporate
organisations in the state to maintain high level of vigilance, and take necessary measures to protect themselves, their customers and establishments to complement the efforts of the state government and security agents.” Kalu further stated that parents and guardians were required to play a prominent role in sustaining security in Abia State by reining on their children/wards.
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LCCI Demands Speedy Release of CAMA 2020 Gazette Dike Onwuamaeze The Lagos Chamber of Commerce and Industry (LCCI) has called on the federal government to urgently gazette the Company and Allied Matters Act 2020 (CAMA), which was assented to by President Muhammadu Buhari on August 7, 2020. A statement signed by the Director-General of LCCI, Dr. Muda Yusuf, noted that the non-release of the CAMA 2020 gazette many weeks after its legislation and presidential assent was another case of how bureaucratic bottlenecks could impede the country’s economic progress. The statement noted that businesses whose operation
depended on the new legislation are currently in limbo because of the delay in releasing the official gazette of the law to the public. Yusuf said: “The situation has created enormous uncertainty in business decisions that require the legislative anchor of CAMA 2020 to progress. As it were, a legislative vacuum has been created as the CAMA 1990 has been repealed while the CAMA 2020 is yet to be gazetted six weeks after its presidential assent.” He pointed out that the implication of this delay “is that the formal copy of the law is not yet available to the public, therefore, the law cannot be operationalised.” Yusuf added that owing to its nature as significant “business
legislation, the non-availability of the gazetted copy of the CAMA 2020 has stalled many activities in the business environment that are anchored on the new legislation. Additionally, the regulations that ought to be issued by the Corporate Affairs Commission (CAC) on account of
the new legislation have equally been stalled because there is no formal document to act upon.” The chamber also observed the need for an accelerated implementation of the e-government programmes in order to make the public service
smarter, efficient and cost effective. “It has become imperative for the electronic copies of official publications to be promptly disseminated to the public to ensure swift activation and access to the benefits and values, which such publications offer for the
economy and the society. “We urge the National Assembly and other relevant agencies of government to expeditiously gazette the CAMA 2 0 2 0 a n d make copies available to the public,” the LCCI said.
WHO Tasks Nigeria against Resurgence of Polio Michael Olugbode in Maiduguri The World Health Organisation (WHO) has advised Nigeria not to relax on the fact that poliomyelitis has been finally eradicated in the country. Speaking at the presentation of the last infected case of poliomyelitis in Africa to journalists at the weekend in Maiduguri, the WHO Representative in Nigeria, Dr. Walter Kazadi, said Nigeria needs to be vigilant and ensure that the disease does not creep into the country again. According to him, “So we need to remain vigilant to continue surveillance and make sure that every child get immunised so that we keep immunisation coverage high enough to protect all the children. We look forward to such time that the global eradication is achieved.” Kazadi, who noted that WHO’s target is global eradication of
polio, and working at pushing the disease from Afghanistan and Pakistan, the two Asian countries where the wild polio virus are still found, advised that: “What Nigeria needs to do is to remain vigilant particularly around the borders.” The United Nations Humanitarian Coordinator in Nigeria, Mr. Edward Kallon, who presented a gift of a computer to the child last infected by polio virus, said he is excited that polio is eradicated in Africa, and that in spite of the Boko Haram crisis, a good story is coming out of Borno State, the epicentre of the crisis. He said: “Most of you are aware that Nigeria was the last country in Africa to become polio-free. We should not be complacent, and we should ensure that our children are vaccinated at the appropriate ages with right vaccines to prevent any form of this type of disease again.”
FG Reiterates Commitment to AfCTA James Emejo in Abuja The Minister of Industry, Trade and Investment, Mr. Niyi Adebayo, yesterday restated the federal government’s commitment to ratifying the Africa Continental Free Trade Area agreement (AfCTA) prior to its implementation in January 2021. Though President Muhammadu Buhari had signed the agreement on July 7, 2019, the country had not been able to deposit the instrument of ratification due to ongoing consultations with critical stakeholders. There had been concerns over the country’s readiness for intra-African trade considering several factors, including the local production, infrastructure among others. But speaking while receiving the Secretary-General of AfCTA Secretariat, Mr. Wamkele Mene, who is on a working visit to the country since assumption of office, the minister said though COVID-19 had delayed the initial takeoff
of the agreement, Nigeria remained firmly committed to its implementation. He said a memo would soon be transmitted to the Federal Executive Council (FEC) for approval for the ratification of the agreement prior to its proposed launch date. Adebayo maintained that the country remained committed to intra-region trade and would do everything to ensure its successful implementation for the benefit of the continent. According to him, “We are working day and night to get us ready, and we are at a point where we will soon take a memo to the Federal Executive Council for approval for ratification before the official date for the takeoff of the agreement. “But Nigeria remains committed to intra-region trade, and we will, as members of the agreement, do everything possible to make sure that everything works out well, and that we are able to grow this trade for the benefit and wellbeing of all the people of Africa.”
CAMPAIGN FOR CLEANER KWARA...
L-R: Senior Special Assistant on Sustainable Development Goals (SDGs) to the Governor of Kwara State, Dr. Jamila Bio Ibrahim; representative of Senior Special Assistant on SDGs to the President, Dr. Ify Nnamchi-Ukaegbu; Commissioner for Water Resources, Hajia Arinola Lawal; Kwara State Deputy Governor, Mr. Kayode Alabi; and Secretary to the State Government, Prof. Mamman Jibril Saba, during the flag-off of Clean Kwara Campaign held in Ilorin, the state capital...yesterday
BUHARI SUES FOR PEACE IN KADUNA, SAYS LET’S LIVE AS BROTHERS, SISTERS No Peace without Justice, CAN, S’Kaduna Leaders Reply President In their separate reactions to the president’s message, the Chairman of the Kaduna State Chapter of CAN, Rev. Joseph Hayap, and the President of the SOKAPU, Hon. Jonathan Asake, described the president’s comments as his usual rhetoric, that failed to address the security challenges facing the country. According to Hayab, peace does not thrive where there is no justice.
Hayab urged the president to direct his call to “the state governor and his team, who think blackmailing citizens by calling them names is their way of resolving matters.” Hayab maintained: “Ordinary people in Kaduna love peace and had been working hard to sustain the peace efforts but when those who should drive the process choose to abandon the good and true road to peace, what you see and hear is lip service about peace. “You cannot find peace where justice is a scarce
commodity. You may get a cosmetic peace but it has never lasted long. I wish to advise the government to take the UN (United Nations) theme for this year’s International Peace Day,‘Shaping peace together,’ seriously. “Even the almighty UN knows that you can only make peace and shape it together.” Also in his reaction, SOKAPU president said this is not the first time the president is making such comments. Asake said: “That is his own usual rhetoric; this is not the first time he is making this
type of comment. “I recall when similar killings were going on in Benue State; instead of taking steps to apprehend the murderers, he simply said the Benue people should accommodate their neighbours. “Who are the neighbours? The killers? So, we in Kaduna are not surprised with the comments coming from him because it is rhetoric and it is very unfortunate of a leader. “Instead of finding solutions to the problem that has plagued our communities; he is saying people should live in peace.
Abe Congratulates Ake on His Birthday A former representative of the Rivers South-East senatorial district at the National Assembly, Senator Magnus Ngei Abe, has congratulated Senator Wilson Ake, on his birthday today, describing him as a trusted and committed leader. Abe said the commitment of Ake is immeasurable, adding that
no amount of accolades can best describe a man who dedicated his life to the service of Rivers State and Nigeria. The statement signed by Abe’s spokesperson, Mr. Parry Saroh Benson, stated that Ake’s contributions and steadfastness towards the fight for justice and insistence on internal democracy
in the All Progressives Congress (APC), is worthy of commendation and emulation by all future leaders of the country. Abe recalled that as a resolute crusader for justice and equity, Ake was equally steadfast in his determination to secure a fairer deal for oil-producing communities particularly in
his native Erema community during his service in the National Assembly. “Therefore, on behalf of my wife, Bariyaa, and my family, we most joyfully wish you a birthday of peace, love, good health, and God’s divine protection on this occasion of your birthday,” Abe said.
Advocacy Group Hails Nigerian Military on Insurgency War Sunday Okobi An advocacy group, Concerned Professionals’ Congress (CPC), has lauded the troops of the Operation Lafiya Dole, which it stated that is in synergy with other security and intelligence agencies as well as civilian vigilantes, for sustaining and maintaining massive domination of the theatre of war in the North-east region to defeat the remnant of Boko Haram terrorists in the North-east region. Also, CPC has debunked reports that the recent attacks by Boko Haram/ISWAP on isolated
targets in Borno State suggested that the terrorists now control such territories, explaining that the terrorist attacks in asymmetrical warfare is not the same as actual control of territories. The civil advocacy group made the commendation as well as the clarification in a statement after a press conference in Bauchi at the weekend, which was jointly addressed by its Chief Media Strategist, Mr. Emeka Nwankpa, and the Northern Regional Rapporteur, Kasim Baba Kasim. The group noted in the statement that on the contrary, troops of the Operation Lafiya Dole and other
subsidiary clearance operations working in synergy with other sister agencies have massively dominated the theatre of war in the region as a result of largescale aggressive onslaughts on the criminals. According to the group, the press conference was motivated by its independent findings on the state of the ongoing Nigerian military-led counter-terrorism operations in the North-east, especially in Borno State, the epicentre of the battles, which it said revealed an imminent end to the insurgency. However, CPC urged Nigerians to ignore “baseless, unfounded
and misleading notions that lack empirical information about the war,” pointing out that the facts on the ground indicated that the days of Boko Haram terrorists in the region are numbered. Nwankpa said: “The ongoing war against Boko Haram/ISWAP has called for all patriotic citizens to keep hope alive and give more support to the military high command under the Chief of Defence Staff (CDS), General Abayomi Gabriel Olonisakin, in the light of the huge successes, recorded in the ongoing aggressive military-led onslaughts against the terrorists.
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Group Sports Editor Duro Ikhazuagbe Email duro.ikhazuagbe@thisdaylive.com 0811 181 3083 SMS ONLY
I N T E R N AT I O N A L F R I E N D L I E S
Rohr Calls up Ejuke, Dessers, Four Other Uncapped Players for Cote d’Ivoire, Tunisia Duro Ikhazuagbe In addition to the usual suspects, Super Eagles’ Technical Adviser, Gernot Rohr, yesterday called up six fresh players amongst the 25
he invited to camp ahead of next month’s international friendlies with Cote d’Ivoire and Tunisia. The two games are scheduled for Austria. Some of the fresh faces in
Germany Youth Captain, Akpoguma, Begins Process to Play for Nigeria There are strong indications that the growing list of players with dual nationalities but playing for Nigeria may have an addition as Coach Gernot Rohr is looking at the prospect of Germany Youth Captain, Kevin Akpoguma to commit his international future to the Super Eagles. Since the German took charge of Nigeria in August 2016, the number of players born overseas in the senior national team has risen with the arrivals of Ola Aina, Brian Idowu, Tyronne Ebuehi, Joe Aribo, Maduka Okoye, Kingsley Ehizibue and Cyril Dessers. Akpoguma, 25, who plays for Bundesliga side Hoffenheim, has a German mother and a Nigerian father - making him eligible to play for the three-time African champions. And, despite 62 Germany caps from Under-16 to Under-21 level, the defender has opted to capitalise on the FIFA rules which allows him to switch allegiances. “It was not my job to convince (Kevin) Akpoguma to come and play for Nigeria,� Rohr told BBC Sport yesterday. “I had a good conversation with him and his family while watching several games in Hoffenheim. “After the matches we met
Kevin Akpoguma‌begins process to switch from Germany to Nigeria
and could talk. I presented our projects and I could speak about the team, about this incredible period in the Super Eagles and my vision for the team. “He was sold on this and would love to be a part of the team and play in big international competitions like the Africa Cup of Nations or even the World Cup.â€? Rohr’s policy of picking foreign-born players has angered some observers in Nigeria, but he remains unfazed as he continues to increase the selection pool for the Super Eagles. Akpoguma’s commitment gives the coach an extra option as he looks for a long-term addition to the regular centre back quartet of Kenneth Omeruo, Leon Balogun, William Troost-Ekong and Semi Ajayi. Amid Rohr’s excitement about the prospect of working with the defender, he admits that he will have to wait before welcoming him into the Super Eagles fold. “We are very happy about the decision of Kevin Akpoguma to switch from Germany to Nigeria,â€? Rohr said. “Because he played for Germany at youth levels, the process is not finished yet because FIFA must give the authorisation. “He has fulfilled the written request to switch and we only await the good news that he can finally play for us. “It’s too soon to expect him to play our two friendlies in October, but hopefully for the Nations Cup qualifiers in November.â€? Born in the western town of Neustadt an der WeinstraĂ&#x;e, Akpoguma started his professional career at Karlsruhe SC and also played for Fortuna DĂźsseldorf. The 2014 European U19 Championship winner captained Germany at the 2015 Under-20 World Cup in New Zealand, helping them beat Nigeria 1-0 in the second round.
Transfer: Suarez Cuts Barca Contract, Agrees Atletico Terms Barcelona striker Luis Suarez has agreed a deal with the club to end his contract and settled on personal terms with Atletico Madrid, according to reports in Spain on Monday. The Catalans’ third top scorer of all time was told he was not wanted by new Barcelona coach Ronald Koeman and has been looking for a new club. Suarez, 33, who has one year to run on his Barcelona contract, agreed a deal with the club to cut it short, reports said. Mundo Deportivo said Suarez has fixed a contract with Atletico Madrid for two seasons, although
the club will need to lighten their wage bill to accommodate the Uruguayan. Reports in Italy say Juventus are in talks with Atletico to resign Spain striker Alvaro Morata. Suarez had been heavily linked with Juventus but coach Andrea Pirlo said it was unlikely he would come to Italy because of the difficulty in obtaining an EU passport. The striker finished as Barca’s second-highest scorer last season behind captain Lionel Messi and scored 198 goals in 283 games for Barca, after joining in 2014 from Liverpool.
Rohr’s team for the friendlies include Chidera Ejuke from CSKA Moscow and Genk striker Cyriel Dessers. Other uncapped players include; Goalkeeper Matthew Yakubu, new FC Porto signing Zaidu Sanusi as well as midfielders Samson Tijani and Frank Onyeka. The usual suspects like Captain Ahmed Musa, Alex Iwobi, Kenneth Omeruo, William Troost-Ekong, Wilfred Ndidi and Oghenekaro Etebo, Ola Aina and Semi Ajayi are all listed for the A-list friendlies. Former U17 World Cup winning goalkeeper Dele Alampasu returns to the group, as well as midfielder Mikel Agu. Goalkeeper Maduka Okoye, now in The Netherlands, is
heading to Austria as Englandbased forward Kelechi Iheanacho also returns. Victor Osimhen, now in Italy with Napoli, and another former U17 World Cup winner Samuel Chukwueze are also called. Five players are on standby. The Super Eagles, now ranked 29th in the world and third in Africa, will take on the Elephants on 9th October and four days later, will engage the Carthage Eagles, who are second best team in Africa in the rankings. Both games have been arranged by the Nigeria Football Federation to prepare the Eagles for the next rounds of 2022 AFCON qualifiers, home and away against Sierra Leone in November. THE FULL LIST
Goalkeepers: Dele Alampasu (FK Ventspils, Latvia); Matthew Yakubu (SKF Sered, Slovakia); Maduka Okoye (Sparta Rotterdam, The Netherlands) Defenders: Kenneth Omeruo (CD Leganes, Spain); Leon Balogun (Glasgow Rangers, Scotland); Chidozie Awaziem (FC Boavista, Portugal); William Ekong (Udinese FC, Italy); Olaoluwa Aina (Fulham FC, England); Jamilu Collins (SC Padeborn 07, Germany); Oluwasemilogo Ajayi (West Bromwich Albion, England); Zaidu Sanusi (FC Porto, Portugal) Midfielders: Mikel Agu (Vitoria Guimaraes, Portugal); Wilfred Ndidi (Leicester City, England); Frank Onyeka (FC Midtjylland, Denmark); Oghenekaro
Etebo (Galatasary SK, Turkey); Samson Tijani (TSV Hartberg, Austria) Forwards: Ahmed Musa (Al Nassr, Saudi Arabia); Alex Iwobi (Everton FC, England); Victor Osimhen (SSC Napoli, Italy); Moses Simon (FC Nantes, France); Samuel Chukwueze (Villarreal FC, Spain); Cyril Dessers (KRC Genk, Belgium); Kelechi Iheanacho (Leicester City, England); Samuel Kalu (Girondins Bordeaux, France); Chidera Ejuke (CSKA Moscow, Russia) Standby: Abdullahi Shehu (Bursaspor, Turkey); Ramon Azeez (Granada CF, Spain); Joshua Maja (Girondins Bordeaux, France); Henry Onyekuru (AS Monaco, France); Tyronne Ebuehi (FC Twente, Netherlands)
The Super Eagles are to play Cote d‘Ivoire and Tunisia in international friendlies next month in Austria
Pinnick Considering Running for CAF Presidency President of the Nigeria Football Federation (NFF), Amaju Pinnick, seems to be considering a bid to stand in next year’s Confederation of African Football (CAF) presidential elections. Applications to stand in March’s elections are already open and close on 12 November but Pinnick says there are a lot of factors for him to consider before committing to being on the ballot paper. The 49-year-old Nigerian admitted he had wanted Ahmad to stay on for at least a second term but he now seems to have changed his mind. “From the beginning the idea was to have the incumbent Ahmad to get re-elected for a second tenure or even a third tenure,� Pinnick told BBC Sport Africa.yesterday. “But the issue of trust started coming in and that’s what led
to the initial breakdown (with Ahmad) but in football politics you never say never.� Morocco to host 2021 CAF presidential elections He did not give further details on his relationship with Ahmad but last year Pinnick lost his role as a CAF vicepresident, without explanation. Pinnick believes that CAF has a lot of issues that need to be addressed but that he has a lot of things to consider before he decided if he will stand in the polls. “The truth is that you need to look at indexes, you have to look at your family - family is the most prized asset that I have - so for example if my family said “don’t� then I won’t,� he insisted. “Then you have your larger family which is your football family - your exco your congress - if they decide to
give you the go ahead then you go to government. “Then from government you also look at some of your friends - it is not easy you have to consult your zone - you have to consult your colleagues because they are the voters. “You have to let the know that even if you get elected we will need to look at the reality. “What is the reality? There are a lot of things wrong fundamentally in CAF right now - our credibility is at the lowest ebb our integrity is nowhere to be found - so we have a lot of challenges unless we keep deceiving ourselves. “Human beings make mistakes and the only way you can correct those mistakes is to ensure that you know you have made these mistakes and genuinely want to correct it if that’s the case we can’t
sit there and do nothing. “Nobody is in a hurry I am not desperate I am going to be just 50 in December so there is a lot of time for me if I want to pursue a career path in football administration in the future,� concludes Pinnick.
Amaju Pinnick...considering gunning for CAF top job
Covid-19: Ghana Lifts Ban on Football, Other Contact Sports Ghana’s President Nana Akufo-Addo has lifted a ban on contact sport including football. The Ghana Premier League and the Division One league are expected to resume on 30 October.
All players, technical teams and management staff of clubs will be tested regularly for Covid-19. Spectators will be allowed to fill only 25% of the seating capacity in match venues. Wearing of masks will also
be mandatory. No spectators will be allowed at training facilities. President Akufo-Addo said the decision was based on the drastic decrease of Covid-19 active cases and the need for national teams
to prepare for international competitions. Ghana currently has 507 active Covid-19 cases and has confirmed nearly 300 deaths. The restrictions were imposed in March to stop the spread of coronavirus.
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MISSILE SOKAPU to Buhari “That is his own usual rhetoric; this is not the first time he is making this type of comment. I recall when similar killings were going on in Benue State; instead of taking steps to apprehend the murderers, he simply said the Benue people should accommodate their neighbours. Who are the neighbours? The killers?” – President of Southern Kaduna Peoples Union (SOKAPU), Hon. Jonathan Asake, describing President Buhari’s comments on peace in Kaduna as unfortunate.
TUESDAY WITH REUBENABATI God-wins, Edo and Lessons Learnt T abati1990@gmail.com
he pundits who had predicted the outcome and the nature of the Gubernatorial election in Edo State got it all wrong. The Edo 2020 election may well prove to be a turning point in the management of elections in Nigeria, and if not, there are certainly lessons to be learnt from it. It was in every sense a rude awakening for both the actors in the drama and the community of observers who witnessed and monitored the election. Pundits predicted that the election would end up as war, a do –or die affair and that there would be blood-letting in all the state’s three Senatorial Districts. That didn’t happen. An official of the Independent National Electoral Commission (INEC) was shot in Etsako Central LGA, another person was macheted and given a cut on the face. In Orhionmwon LGA, a person was killed. In Egor, Ovia South West, Ikpoba-Okha, Oredo LGAs there were reports of skirmishes involving vote buying, and physical assault, but on the whole, the election went on peacefully. There were fears that voters would stay away from the polling stations, out of fear and anxiety, for indeed, before election day, September 19, campaign rhetoric was febrile, hate speech dominated political talk. The people had every reason to be afraid. Still about 25.2% of registered voters ventured out to exercise their right of franchise. Out of a total of 2.210,534 million registered voters, about 483, 000 did not pick up their voters’ cards, leaving behind a total of 1.7 million accredited voters. Out of these, barely 537,407 voters took part in the exercise, just enough to cover the event with a toga of legitimacy. There were fears about the readiness of INEC for the election. It was an off cycle election. It was a COVID-19 season election. INEC promised that it was ready and that it would do a good job. The Commission didn’t do too badly after all. Unlike what obtained in the past, ad hoc staff got their allowances. Concerns about the late arrival of election materials and the failure of card readers in some local governments were promptly addressed. INEC had insisted that voters should observe COVID-19 protocols. Many voters wore face masks, quite alright, but INEC was totally incapable of enforcing physical and social distancing. That was a major minus. Nobody should be surprised if there is a sudden spike in COVID 19 cases in Edo state after this election. In past elections, across Nigeria, there were complaints about security agencies and their performance. We have witnessed spectacles of policemen, soldiers, and other security agents constituting themselves into a nuisance on election day and after, acting, as it were, on orders from above, in an absolutely partisan manner. In Edo State on September 19, the various security agencies tried their best to be neutral. Nobody reported the usual story of uniformed men snatching ballot boxes and helping the ruling party to thumbprint ballot papers. There were no disturbing reports of police brutality or accidental discharge by soldiers. In Kogi, in November 2019, the Nigeria Police deployed helicopters to intimidate the people. A prominent female politician was set ablaze, and till date the case rests in a cold file that may never be opened. On September 19 in Edo State, Nigerians witnessed a most unusual election. Political actors respected the restriction of movement order. For an election that was presaged by serious tension and anxiety, that was quite an achievement. As it turned out, incumbent Governor Godwin Obaseki who had crossed from the ruling party, the All Progressives Congress (APC) to the opposition party, the People’s Democratic Party (PDP) to enable him seek a second term in office after
Obaseki he was rejected by powerful forces in the APC, emerged victorious. He scored 307, 955 votes and won with a margin of 84, 336. His main challenger, Pastor Osagie Ize-Iyamu of the All Progressives Congress (APC) scored 223, 619 votes. There were 14 political parties in the September 19 election, but it was basically a two-way horse race between the PDP and the APC. It was as if all the other 12 political parties did not exist. Their votes taken together did not quite amount to 10, 000. One of the gubernatorial candidates was said to have been at home in Lagos on election day. She didn’t even bother to show up in Edo State. Democracy allows all sorts. Nonetheless, history was made. Obaseki is the second Governor in Nigerian history to win election within the space of four years, back to back on two different political platforms: the APC in 2016 and the PDP in 2020. Before him, there was in this regard, Samuel Ortom, Governor of Benue State, who became Governor as an APC candidate in 2015, and as a PDP candidate in 2019. Pastor Osagie Ize-Iyamu, the Edo 2020 key challenger, will also be remembered as having lost Gubernatorial elections back to back on two different platforms: PDP in 2016, and APC in 2020. Governor Godwin Obaseki has every reason to enjoy the taste of his victory. He was incumbent Governor but he was the underdog in the 2020 election. He was abandoned by the APC, the same party that presented him as flag-bearer in 2016. He was not allowed to take part in the same party’s primaries on the grounds that his academic credentials are fake. The campaign against him was led by Comrade Adams Oshiomhole, the same man he served as economic strategist and who in 2016 sold him to the people of Edo State as the best thing since the invention of fluoride toothpaste. Oshiomhole did a 360-degree volte face and abandoned Obaseki. He turned 360 degrees and embraced Pastor Ize-Iyamu, the same man he condemned in 2016. Obaseki had other enemies: the absentee 14 lawmakers of Edo State - Oshiomhole’s loyalists who wanted Obaseki out of office. There were other local gladiators, including all the major 2016 Godfathers who now chose to turn against him. Captain Hosa Okunbor, a prominent businessman and a major stakeholder in Edo State who had supported Obaseki in 2016, an otherwise self-effacing Captain Okunbor walked out of the closet and threatened to spend his “last kobo” to remove Obaseki and make Ize-Iyamu Governor. In the larger community, Asiwaju Bola Ahmed Tinubu, national leader of the APC sponsored
a video on television in which he advised the people of Edo State to reject Obaseki. Asiwaju Tinubu is a powerful political figure and Godfather. In Edo state, he teamed up with Comrade Adams Oshiomhole and others to throw Obaseki into the dustbin of history. His loyalists and godsons relocated to Edo State to join the Ize-Iyamu campaign. The national antiObaseki team was led by the Governor of Kano State, Ibrahim Ganduje. I still can’t figure out how anyone would appoint such a controversial man as head of a campaign team. Locally, 42 members of the Obaseki administration resigned and abandoned him. Obaseki’s enemies had the Federal machinery behind them. They control the institutions and powers of the state. But today, they all have dust in their eyes. Obaseki, in a noteworthy re-affirmation of his name, won. God wins! What exactly happened? Beyond the easy resort to a spiritual explanation and how man proposes and God disposes, or the omnipotence of the God factor, I think the result of the September 19, 2020 election in Edo State can be explained in 5 ways. Number one: the intervention of the United States and the United Kingdom on the eve of the election so to say, made a huge difference. The US issued a statement to say that it will impose and had already imposed restrictions on the visas of Nigerian politicians who committed electoral offences in the November 2019 elections in Kogi and Bayelsa states and who have behaved in similar fashion in the forthcoming Edo and Ondo Gubernatorial elections, on September 19 and October 10 respectively. The UK Mission in Nigeria followed suit by announcing similar measures with the addition that assets of Nigerian electoral offenders in the UK will be seized, and such persons will be prosecuted under international law. Thank you, US and UK. I am of the firm belief that the political actors who would otherwise have misbehaved in the Edo Gubernatorial election had to restrain themselves because of your intervention. They don’t want to be restricted. They don’t want to lose their visas. They need access to US and UK hospitals whenever they fall ill. They don’t want to be named and shamed. The Nigerian Government has complained about sovereignty and the right to fair hearing. I don’t know what that is all about. What we saw on September 19 was that there was no useless “order from above”. What we know is that the President of Nigeria was the first person to congratulate the re-elected Governor of Edo State. Number two: the intervention of Comrade Adams Oshiomhole, Asiwaju Bola Tinubu and Captain Hosa Okunbor, and the desperate antiObaseki campaign launched by the APC ended up working in Obaseki’s favour Equity may not favour the indolent but it often favours the underdog. The all-powerful APC machinery was so targeted at Obaseki that unwittingly, the APC scored an own goal against itself. Days before the election, the people of Edo state began to ask questions. Adams Oshiomhole as Governor in the same state had campaigned against the influence of Godfathers. He practically drove Chief Anthony Anenih of blessed memory out of town. In 2020, Oshiomhole found himself in fits of self-contradiction as he repudiated everything that he ever stood for. He spoke from every corner of the mouth. He apologized to the people and the chiefs of Edo that he made a mistake in 2016. Did they believe him? I don’t think so. The same man could show up in 2024 and tell fresh stories. Obaseki’s victory is an outright rejection of Oshiomhole’s brand of politics. The people of Edo also rejected Asiwaju Tinubu’s busy-body intervention. This in fact inspired Edo
nationalism. The people proclaimed: “Edo no be Lagos”. “Obaseki no be Ambode”. To this extent, the Edo Gubernatorial election was a protest against Godfatherism and an affirmation of Edo nationalism. The Edo people rejected the idea that anyone at all could dictate to them. They stood by whatever mistake anyone thought they made in 2016. Very instructive. Number three: Obaseki was helped further by the PDP machinery. The PDP cashed in on the failure of the APC in Edo state and took maximum advantage of it. The party which claims that Edo is a PDP state, simply grabbed a rejected Governor of the APC and offered him everything that he wanted: a golden offer that accommodated his Deputy. It was a deft political move. The PDP used Obaseki’s defection from the APC to strengthen its base in Edo State. It countered every negative move by the APC by deploying its own aggressive campaigners, led by Governor Nyesom Wike of Rivers state. Others on the ground included the PDP members from Edo state who are members of the National Assembly and the local House of Assembly. Together, they deployed high-grade propaganda to shape public perception. The APC rejected Obaseki. He found a new family. Big loss. Number five: Obaseki’s victory can also be linked to the politics of 2023. Unknown to many, some key figures in the APC worked for him. Edo became a battle ground for the Presidential politics of 2023. Those who do not want Oshiomhole and Bola Tinubu to determine the fortunes of the APC and Nigeria in 2023 moved in and checkmated the process. Realpolitik. The big take away in all of these is the prompt acknowledgement of Obaseki’s victory by President Muhammadu Buhari and his congratulatory message. Pastor Ize-Iyamu and the Edo branch of the APC have refused to congratulate Obaseki. They should take their cue from the President’s message who in this case, has done something that is quite uncharacteristic. Ize-Iyamu and his supporters claim they want to study the results. They are free to do so. But they should conduct themselves after the fashion of gentlemen and sportsmen. In the past, the APC got controversial rulings from the judiciary in election matters including the notorious case of Imo State where the Supreme Court elected a Governor from the Bench through dubious arithmetic. The judex should be careful. They need to read the press statements by the US and the UK. They may be privileged but they are also not above international law!. President Muhammadu Buahri has advised Obaseki to be magnanimous in victory. He should take that to heart. Before the election, he had threatened to deal with Oshiomhole. He doesn’t need to deal with anyone. Oshiomhole banished the Godfathers that disturbed him from Edo State. He doesn’t need to be served a dose of his own medicine. Even those who promised to spend their last kobo on the September 19 election should be accommodated. Obaseki got a second term by defeating those who tried to play God in the affairs of Edo State. He himself must resist the temptation to act like God. The people of Edo State have reposed their confidence in him by giving him the opportunity of a second term in office. He must not betray their trust. He has promised to Make Edo Great Again. There are unresolved issues and uncompleted projects, and MOUs. He will be better off focusing on that. No man must play God. As for Pastor Osagie Ize-Iyamu, let him be reminded that “except the Lord builds the House, they labour in vain that build it…” (Psalm 127: 1). Pick your phone, make that call and congratulate your brother, Godwin.
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