TUESDAY 29TH SEPTEMBER 2020

Report: Nigeria’s Movie Industry Untapped Goldmine Says piracy stifling growth Dike Onwuamaeze The Nigerian film industry is a gold mine waiting to be tapped with piracy identified as one of the major obstacles hindering the sector from

realising its potential, a report by the Financial Derivatives Company (FDC) has stated.

The FDC stated this in its latest monthly economic bulletin.

While the report ranked

the Nollywood as the world’s second-largest movie industry by volume, surpassing Hollywood and coming just short of India’s Bollywood, it pointed out that Nollywood does not surpass both the

Hollywood and the Bollywood in terms of production quality or return on investments.

According to the report, Nollywood currently produces more than 2,000 movies and TV series each year, most of

them in Yoruba, Hausa, Igbo, and English, the most widely spoken languages in Nigeria.

However, the returns on investment are still far below Bollywood.

For instance, while the

highest-grossing Nollywood movie, ‘The Wedding Party’ (2016) made just $1.176 million (N453million), India’s Dangal (2016), grossed about $296 Continued on page 8

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Lawan, Gbajabiamila Vow to Ensure Petroleum Reform Bill Passage... Page 6

OPS Opposes Suspension of New Electricity Tariffs Says it will roll back gains of reforms Kyari: NNPC will implement agreement APC hails FG, organised labour on truce Emmanuel Addeh, Adedayo Akinwale in Abuja, Dike Onwuamaeze and Peter Uzoho in Lagos Representatives of Nigeria’s Organised Private Sector (OPS), namely: Lagos Chamber of Commerce and Industry (LCCI), the Manufacturers Association of Nigeria (MAN), Nigeria Employers

Consultative Association (NECA) and the Nigerian Association of Chambers of Commerce, Industry, Mines and Agriculture (NACCIMA), have kicked against any move that would lead to the reversal of the new electricity tariffs, and fuel price announced by the federal government as part Continued on page 8

INEC Begins Migration to Electronic Voting Invites over 40 companies for demonstration Chuks Okocha in Abuja The Independent National Electoral Commission (INEC) has commenced replacing manual voting with automated voting system, as part of the efforts to migrate fully to electronic voting as soon as

enabling legislation is put in place.

The National Chairman of INEC, Prof. Mahmood Yakubu, who disclosed this yesterday in Abuja, assured Nigerians that the commission Continued on page 8

THE OLD AND THE NEW...

L-R: Former President Goodluck Jonathan (left), and President Muhammadu Buhari, during the former president’s visit to the Presidential Villa to brief the president on the update on Mali Crisis in Abuja ...yesterday. godwin omoigui

States Drag FG to S’Court over Executive Order 10...Page 5

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

States Drag FG to S’Court over Executive Order 10 Say it abdicates central govt’s financial obligation to judiciary

Alex Enumah in Abuja The 36 states of the federation have gone before the Supreme Court to challenge

the Presidential Executive Order No. 00-10 of 2020 signed in May by President Muhammadu Buhari on the funding of the courts.

Jonathan Updates Buhari on Mali’s Political Crisis ECOWAS to discuss outstanding grey areas Omololu Ogunmade in Abuja Heads of State and Government of the Economic Community of West African States (ECOWAS) is planning to converge again to discuss outstanding grey areas on Mali's political issues.

This move, said to be at the behest of ECOWAS Chairman, President Nana Akufo-Addo of Ghana, was disclosed yesterday by President Muhammadu Buhari when he received ECOWAS Special Envoy to Mali and former Nigerian President, Dr. Goodluck Jonathan, in the State House.

Special Adviser to the President on Media and Publicity, Mr. Femi Adesina, recalled that Mali's military junta had appointed a civilian as an interim president who will run the country's affairs for 18 months.

The interim president has the mandate to restore Mali to constitutional democracy, after a military intervention which ousted former President

Ibrahim Keita, in accordance with the demand of West African leaders before sanctions already imposed on the country could be lifted.

The statement added: "However, according to the Special Envoy, the military leaders are yet to satisfy ECOWAS' demand of a full civilian as vice president, and what his roles would be in government.

"That position is currently being held by a serving military officer, who was also one of the leaders of the take-over.

"President Buhari counselled the Special Envoy to present a formal report to the new ECOWAS Chairman, President Nana Akufo-Addo of Ghana, ‘who will then write us officially, and we then determine the next steps.'

"The President said with about two-thirds of Mali currently under occupation by terrorists, 'the priority of the military should be to secure their country,' rather than hold on to power."

RMAFC Moves to Recover Outstanding Revenues to Federation Account James Emejo in Abuja The Chairman of the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC), Mr. Elias Mbam, yesterday said the agency was prepared to launch a nationwide verification and reconciliation exercise on revenue inflows and remittances from relevant organisations to the appropriate government treasury.

He said the exercise, which will commence in the first week of October, will be assessing transactions carried out from January 1, 2016, to December 31, 2019.

Speaking during an interactive session organised for the consultants hired for the investigation, Mbam said the commission will be in collaboration with the Economic and Financial Crime Commission (EFCC) and the Independent Corrupt Practices Commission (ICPC) to achieve its objectives.

In a statement by RMAFC’s spokesman, Mr. Nwachukwu Christian, the RMAFC boss commended the participants stating that the commission's

mandate included monitoring all revenue accruals into the federation account as well as disbursements while blocking leakages.

According to him, this is in line with President Muhamadu Buhari’s charge to the commission to use all legal ways and means to block all revenue leakages and maximise revenue inflow to the federation account.

The RMAFC boss noted that the collaboration with EFCC and ICPC was to provide close monitoring of the recovered accruable funds to the Federation Account.

He advised the participating organisations not to join issues with any defaulting organisation but rather, submit their established reports to the commission through the Coordinating Committee of the project.

On his part, the acting Chairman of EFCC, Mr. Mohammed Umar, thanked RMAFC for the collaboration with him in tracking and blocking revenue leakages while recovering all revenue accruable to the federation account.

Buhari had signed the executive order to enforce the financial autonomy of the legislature and the judiciary at the state level.

The Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN), had clarified that the president signed the order based on the power vested in him as the president under “Section 5 of the Constitution of the Federal Republic of Nigeria 1999 (as Amended), which extends to the execution and maintenance of the Constitution, laws made by the National Assembly (including but not limited to Section 121(3) of the 1999 Constitution (as Amended), which guarantee financial autonomy of the State.�

According to the AGF, the order provides that: “The Accountant-General of the

Federation shall by this Order and such any other Orders, Regulations or Guidelines as may be issued by the AttorneyGeneral of the Federation and Minister of Justice, authorise the deduction from the source in the course of Federation Accounts Allocation from the money allocated to any State of the Federation that fails to release allocation meant for the state legislature and state judiciary in line with the financial autonomy guaranteed

by Section 121(3) of the Constitution of the Federal Republic of Nigeria 1999 (as Amended).�

But the 36 states, who filed the suit through their respective attorneys general, are seeking an order of the Supreme Court quashing the order for being unconstitutional.

The sole respondent in the

suit is the Attorney General of the Federation, Malami.

In the suit filed on their behalf by nine Senior Advocates of Nigeria (SANs), led by a former president of the Nigerian Bar Association, Mr. Augustine Alegeh (SAN), and six other lawyers, the 36 states explained that Buhari, by virtue of the order he signed on May 20, 2020, had pushed the federal government’s responsibility of funding both the capital and recurrent expenditures of the state high courts, Sharia Court of Appeal, and the Customary Court of Appeal, to the state governments.

They contended that the order was a clear violation of sections 6 and 8(3) of 1999 Constitution, which make it the responsibility of the federal government to fund the listed courts.

The 36 states, which said they had been funding the capital projects in the listed courts since 2009, are also praying the Supreme Court to order the federal government to make a refund to them. “Since the 5th of May 2009, the defendant had not funded the capital and recurrent expenditures of the state high courts, Sharia Court of Appeal and the Customary Court of Appeal of the plaintiffs’ states, apart from paying only the salaries of the judicial officers of the said courts. “The plaintiffs’ states have been solely responsible for funding the capital and recurrent expenditures of the state high courts, Sharia Court of Appeal and the Customary Court of Appeal of the plaintiffs’ states, which the defendant has failed and/ or refused to fund,� they said.

GATHERING AGAINST CORRUPTION...

L-R: Attorney General of the Federation and Minister for Justice, Mr. Abubakar Malami; President of the Senate, Senator Ahmad Lawan; and Secretary to the Government of the Federation, Mr. Boss Mustapha, at the second National Summit on Diminishing Corruption in the Public Sector at the Presidential Villa, Abuja...yesterday.

LASG Insists State Financially, Economically Stable Peter Uzoho The Lagos State Government has declared that the state is financially and economically stable.

In a statement issued yesterday by the Lagos State Commissioner for Finance, Dr. Rabiu Olowo, the government said this was contrary to the publication

by BudgIT, a public finance analyst, titled: "Ability of States to Meet Monthly Recurrent Expenditure and Loan Repayment Obligations, 2019."

It said the Babajide Sanwo-Olu administration described the publication as “misinformation,� adding that BudgIT has apologised for its error.

It said the state continues to meet all its recurrent and loan

service obligations, explaining that the information that was published by BudgIT was incorrect, inaccurate and a gross distortion of the actual facts It said in 2019, the total revenue of the state was N644,762,788,340.04; the recurrent expenditure and loan repayment obligation was N554,241,725,038.00; while the surplus or deficit was N90,521,063,302.04.

"As indicated in Lagos State’s published Financial Statements (and as extracted above), the information in the table published by BudgIT should have correctly indicated a surplus of N89 billion," the statement said.

It said Lagos State Government continues to efficiently explore options in both the financial and

capital markets, to extract optimal funding solutions, which would enhance the administration’s ability to deliver on the construction, renewal, and improvement of the deficit in social and physical infrastructure for the benefit of Lagosians; who represent 10 per cent of Nigeria’s population.

The statement further said: "In the year under review (2019), Lagos State restructured all existing internal loan facilities to 14 per cent per annum, from between 18 per and 20 per cent per annum. These rates have even more recently been re-negotiated to circa 12 per cent per annum.

"Lagos State is the only state that is not reliant on the allocation from the Federal Account Allocation

Committee, with Internally Generated Revenues representing circa 72 per cent of the state's aggregate revenues to enable it to address challenges faced by megacities world over.

"As at August 2020, Lagos State’s Internal Revenue Service is doing 103 per cent above budget, and well above 2019 figures, despite the COVID-19 pandemic, which demonstrate the fiscal resilience of the Babajide Sanwo-Olu’s administration for a Greater Lagos.

"Lagos State is economically and financially viable and the Government of Lagos State continues to expand funding sources whilst also ensuring that prudence and sustainability are at the fore of all funding and expenditure decisions."

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Lawan, Gbajabiamila Vow to Ensure Petroleum Reform Bill Passage Deji Elumoye in Abuja President of the Senate, Dr. Ahmad Lawan, and Speaker of the House of Representatives, Hon. Femi Gbajabiamila, have pledged to break the jinx militating against the speedy passage of the Petroleum Industry Bill (PIB), by ensuring the passage of the reform legislation by the ninth National Assembly.

Gbajabiamila, however, said the National Assembly will not sacrifice thoroughness for speed in the consideration of the much-awaited oil reform bill.

Lawan has also announced that the letter transmitting the bill to the National Assembly will be read at plenary on Tuesday (today).

Gbajabiamila, who spoke at a meeting held yesterday evening between the leadership of the National Assembly and the Minister of State for Petroleum Resources, Mr. Timipre Sylvia, on the new bill, said much as the National Assembly will want to speedily pass the bill it will not overlook the specifics of the bill.

"This Ninth Assembly will pass the PIB speedily; however, with a caveat because we won't sacrifice thoroughness at the altar of speed. Speed because we need it but it will be in the best interest of the nation,� Gbajabiamila said.

The speaker disclosed that the Green Chamber has put together an ad-hoc committee made up of legislators well versed in upstream, downstream, and local content to critically look

into the provisions of the bill and advise the House, accordingly.

He said: "We want to pass the PIB as quickly as possible because the economic life of this nation depends on this. We are talking about the most important piece of legislation in the life of this administration. Because oil is the most popular, and obviously oil represents the life wire of our state. That represents the importance of this bill."

The speaker stressed that between now and December, this year the National Assembly will be considering the PIB as well as the 2021 Appropriation Bill.

"It is going to be a busy three months for us; we are going to look at the PIB and 2021 budget. But it is going to be worthwhile," he stated.

Earlier in his opening remarks, Lawan said the meeting was called to discuss the essence and focus of the PIB that has been sent to the National Assembly.

He explained that the bill is now in the National Assembly even though it is not before the National Assembly, adding that "by tomorrow when the letter of transmission is read on the floor of the Senate and House of Representatives, we will know what is in the bill."

Lawan said: "The essence of this meeting is for us to understand what is in the bill. That is the essence and purpose of the meeting. This is just for us to interact with you on the content of the bill so that we have some first-hand information, understanding, and

Corruption, Bane of Nigerians’ Cherished Cultural Values, Says Buhari ICPC uncovers N5.17bn fraud in agric ministry, school feeding programme Omololu Ogunmade in Abuja President Muhammadu Buhari yesterday called for the "rediscovery of our cherished traditional ethical values of honesty, integrity, hard work, truth, and justice, unity, faith," saying, "corruption and corruptive tendencies are abhorrent to these core ethical values.�

This came as the Independent Corrupt Practices and Other Related Offences Commission (ICPC) disclosed that it had uncovered N2.67 billion meant to fund children's school feeding during the lockdown in some individuals' personal accounts.

The commission said it also uncovered over N2.5 billion appropriated by a dead senior civil servant in the Ministry of Agriculture to himself and his cronies.

The president made the call in the State House at the ICPC's Second National Summit on "Diminishing Corruption and Launch of the National Ethics and Integrity Policy," in commemoration of the 20th anniversary of the establishment of the anti-corruption agency.

According to a statement by Special Adviser to the President on Media and Publicity, Mr. Femi Adesina, the policy was put together by the ICPC, in collaboration with the Office of

the Secretary to the Government of the Federation, and the National Orientation Agency.

Adesina said Buhari recalled how he fought corruption as a military head of state in 1984 and introduced War Against Indiscipline (WAI), as a platform for the promotion of moral conduct, integrity, and hard work.

The president argued that progress could only be made when dividends of democracy are delivered to the citizenry and arms and tiers of government also work together. “I believe that it is when the three arms and the three levels of government work together that the government will be enabled to serve the country.

We will also see the positive impact of our efforts reaching all and sundry across the country," he said.

He said in accordance with the theme of this year’s summit, "Together Against Corruption," which he said was derived from the theme of the country's 60th independence anniversary, "all tiers and arms of government can attack corruption and realise the vast potentials of our country.�

Buhari challenged the judiciary to embark on reforms that will fast-track Continued on page 9

idea of what is in there and of course, from there the interaction will continue maybe at another level with our committees for the processing of the bill by the National Assembly leading to its eventual passage by the grace of God. "The PIB is said to be jinxed.

Actually, for a long time, roughly from 2007 to 2019, it was either the bill was sponsored by the executive and not passed by the legislature, as was the case in 2007 and 2011 in the 6th and 7th Assembly.

“The 9th Assembly wants to see a situation where we work with you to process the bill and to have a very clear understanding of every available clause of the bill so that we at the end of the day will break that jinx together with you and make history and provide the oil industry a legislation that will make it more effective and efficient at the end of the day."

The Senate president assured the public that the PIB would be passed as quickly as possible because the economic lifeline of

the nation depends to a large extent on how the legislation would guide and regulate the industry."

Sylva, described the PIB as one of the most important pieces of legislation that this country needs now.

He recalled that several drafts were submitted for the last 20 years, adding that it is still being discussed because it is at the core of various sectors of the economy.

He said: "Here we are, the 20th year but for me, it's a

good signal. One of the things investors want to look at is the predictability of the legal framework. We must convince them that laws don't change very easily.�

He said going by OPEC projections, the world dependence on oil would have reduced by 20 per cent by 2060 saying Nigeria’s focus should be to take advantage of its resources while it matters, and that with PIB, the country could be made an attractive investment destination.

GOING ELECTRONIC...

L-R: INEC National Commissioners, Mrs. May Agbamuche-Mbu and Dr. Mustapha Lecky, and Chairman, Prof. Mahmood Yakubu, during the demonstration of Electronic Voting Machines (EVMs) at the INEC headquarters by vendors in Abuja...yesterday

CBN Injects N670bn as Stimulus Package for Households, Businesses Unveils framework for advancing women’s financial inclusion Obinna Chima The Central Bank of Nigeria (CBN) has put the total amount it has injected across the various sectors in the economy as part of efforts to cushion the impact of the COVID-19 at N670 billion, out of the N3.5 trillion stimulus package it had proposed.

The Director, Development Finance Department, CBN, Mr. Yila Yusuf, disclosed this last night during an interview on ArisExchange, a programme monitored on ARISE NEWS Channel.

This is coming as the apex bank has unveiled a, “Framework for Advancing Women’s Financial Inclusion in Nigeria,� to build upon the 2018 National Financial Inclusion Strategy (Revised). “The central bank released a stimulus package worth N3.5 trillion and as we speak today, we have provided funding in excess of N670 billion across various sectors,� he said.

Yila listed the sectors that benefitted from the fund to include agriculture, manufacturing and services.

According to him, the agriculture sector was allocated 40 per cent of the amount; manufacturing – 33 per cent and services – 27 per cent.

For agriculture, he said the intervention included the Anchor Borrowers’ Programme, which is the major food programme of the federal government where he said the apex bank has so

far disbursed in excess of N180 billion for the wet season. “And we are planning for the dry season. As you are aware, there were floods in some parts of the north-west and so it is important that we do a major intervention during the dry season. It is going to be the largest that has been done so far in the country. In construction, there are some many projects going on at the free trade zones and the same thing in services.

We are really trying to keep jobs, promote production and enhance supply,� he explained.

He said the central bank is deploying both conventional and unconventional monetary policy tools to fight the impact of the pandemic on households and businesses. “All over the world, such tools are being used. What we did as a central bank was to: reduce interest rates on all our interventions from nine per cent to five per cent; we granted regulatory forbearance on certain loans and we did target funding to various sectors. “To keep businesses running, we started with the N50 billion targeted facility, which Governor Emefiele has increased to N100 billion. As we speak, we have disbursed in excess of N73 billion. We also provided N1 trillion for manufacturing. So, our interventions are focused on keeping jobs and promote production,� he added.

He said the central bank was focused on price stability, to

encourage domestic production and ensuring that there is a lot of output. “So, funding has to be provided at a time like this when the pandemic is ravaging the world. A lot of countries have gone into the protectionist mood and if you look at agriculture, countries such as Thailand, Vietnam and others that are traditionally food exporters are keeping all their food in their silos. So, we really need to bridge that gap. “One of the things the central bank has done, working with the ecosystem is to look at how to improve yields. Traditionally for maize, we are doing around two to three metric tonnes per hectare and we are looking at how to improve that to five metric tonnes, to be able to cover that gap,� he added.

Meanwhile, the central bank has unveiled a, “Framework for Advancing Women’s Financial Inclusion in Nigeria.�

It explained in the document posted on its website that the framework builds upon the 2018 National Financial Inclusion Strategy (Revised).

The framework carves out the barriers of particular importance to women, laying out eight strategic imperatives and related recommendations with the greatest potential for addressing these barriers, it added.

According to the report, in March 2018, the National Financial Inclusion Special

Intervention Working Group (a working group under the National Financial Inclusion Governance structure) constituted a subcommittee to look into gender-related financial inclusion issues and propose recommendations for addressing the high exclusion rates among women in Nigeria. “One key recommendation of the sub-committee was to develop a comprehensive framework that provides a guide and blueprint for women’s financial inclusion.

This framework is the outcome of the gender sub-committees' work and follow-up work by the CBN and Enhancing Financial Innovation and Access (EFInA). “It builds upon the National Financial Inclusion Strategy (Revised) (October 2018), and integrates valuable insights from the Assessment of Women’s Financial Inclusion in Nigeria (December 2019).

This framework takes as an additional reference point Nigeria’s Sustainable Banking Principles, which promote women’s economic empowerment through a gender inclusive workplace culture in business operations and seek to provide products and services designed specifically for women. “Alongside these national reference points, the framework is based on what is considered international best practice in advancing women’s financial inclusion.�

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PAGE EIGHT INEC BEGINS MIGRATION TO ELECTRONIC VOTING has taken another decisive step towards the full automation of the electoral process.

According to him, INEC has invited 40 manufacturers of Electronic Voting Machines (EVMs) around the world to practically demonstrate how the machines could work, preparatory to full migration.

Yakubu said due to the deployment of the election technology, the commission can now upload real-time, election results for public view.

He noted that INEC used this technology during the Edo State governorship election, where election results were uploaded in the portal: www inecelectionresults.com Yakubu described the planned demonstration of the use of EVMs as a giant step in the commission’s continuous effort to deepen electoral integrity in Nigeria through the deployment of

technology.

He explained that over the years, the commission has been automating the critical pillars of the process as the biometric register of voters has been updated continuously.

"At the moment, the INEC register of voters is the largest database of citizens in Nigeria,� he said.

In addition to this, Yakubu said the combination of biometric voters’ cards commonly known as the Permanent Voter’s Card (PVC) and the Smart Card Reader (SCR) has revolutionised the accreditation of voters during elections.

He also explained that the introduction of a number of portals has facilitated the seamless nomination of candidates for elective offices by political parties as well as the accreditation of observers and the media.

"Most significantly, the commission now uploads polling unit level results in real-time on Election Day to a portal for public view. These are significant innovations that have deepened the transparency and credibility of elections and the electoral process in Nigeria," he added.

Yakubu explained: "For some time now, the commission has been working on the deployment of technology in voting during elections to replace the current manual system which is tedious and requires enormous logistics to deliver huge quantities of printed materials and a large number of ad hoc staff to administer the process.

"To this end, the commission developed the specifications of the functions required of the machine. After extensive discussion and review, the commission took the decision

to invite original manufacturers of Electronic Voting Machines (EVMs) around the world for a virtual or practical demonstration of the machines. “Over the years, the commission has been automating the critical pillars of the process. “The biometric register of voters has been updated continuously. At the moment, the INEC register of voters is the largest database of citizens in Nigeria. “In addition, the combination of biometric voters’ cards commonly known as the Permanent Voter’s Card (PVC) and the Smart Card Reader (SCR) have revolutionised the accreditation of voters during elections. “More recently, the introduction of a number of portals has facilitated the seamless nomination of candidates for elective offices

by political parties as well as the accreditation of observers and the media. “Most significantly, the commission now uploads polling unit level results in real-time on Election Day to a portal for public view. “These are significant innovations that have deepened the transparency and credibility of elections and the electoral process in Nigeria.�

To actualise this new election technology, Yakubu said that the over 40 companies that indicated interest will have to demonstrate to the commission how their IT solutions will meet INEC specifications.

He emphasised that this would only be a demonstration that would enable the commission to evaluate the available technology and where necessary fine-tune its

specifications before proceeding to the next stage, which would involve the participation of stakeholders.

Details of the next steps, he said, would be given at the end of the demonstrations.

He stated that the commission is aware that Nigerians want INEC to deepen the use of technology in elections.

"Let me reassure Nigerians that the commission is committed to expediting the process leading to the deployment of EVMs in elections in earnest," he said.

INEC has continuously stated that it would adopt complete electronic voting in the 2021 Anambra State governorship election.

It, however, said this is subject to the approval of proposed amendments of the electoral laws currently before the National Assembly.

2016 and caused the PwC to name it as one of the priority sectors in the realisation of the Economic Recovery and Growth Plan (ERGP) of the federal government. “If Nollywood is to live up to the potential predicted by PwC it needs to look to its big brothers in film, Bollywood, and Hollywood for creative investment solutions, piracy enforcement and innovative distribution that leverages Nigerians’ love for a home video through the streaming opportunities available today,� it added.

The FDC stated that there are only 68 cinema chains and about 218 screens for the country’s 200 million people.

These cinemas, according to the report, are almost solely available in the main cities of Lagos, Abuja, Port Harcourt, and Kano. “It is very rare to experience a vibrant cinema culture in other parts of Nigeria, not because the people in these parts hate films, but because investors do not believe that they will get a high enough return on investment.

“For the cinemas that do exist, they are primarily used to host foreign movies, as domestic movies fail to attract significant audiences. Those perennial problems of quality and piracy continue to haunt Nollywood as it attempts to expand into the international cinema market,� the FDC said.

The FDC traced the history of the Nollywood industry as it is known today the release of ‘Living in Bondage’ in 1992 as the first Nollywood blockbuster that was released straight to video and the first movie to show how lucrative film making directly on video could be. “The movie’s release ushered in the home video boom of the Nigerian film industry, in which many aspiring directors and producers turned to directto-video production methods in order to cut costs. While this proved effective in terms of quantity, the quality of most of the films was lacking,� the study said.

The study recommended that Nigerian producers should attract investors through corporatisation of

film studios, much like how Bollywood studios UTV and Eros, as a sure way of improving budgetary processes as these studios handle the production, distribution, and marketing of their content thus limiting the tendency for directors and producers to exceed their budgets.

The FDC said: “Despite the initial success of movies during the home video era, the low quality quickly left people disillusioned, to the point where many Nigerians refused to support Nollywood.

For many people, the inability to produce films on the same caliber as Hollywood blockbusters discouraged them from supporting the movie industry referring to the movies as a ‘disgrace to the Nigerian people.’ “Low-quality movies cannot only be attributed to low budgets and rushed productions.

Inadequate infrastructure is another problem which plagues many film studios, as they are chronically underfunded, and piracy remains a major concern for home videos.�

tariff.�

The NECA, however, noted that the call by the labour unions to the federal government that the infrastructural challenge in the sector should be addressed “is both genuine and imperative. A major sore point for consumers generally is the incidence of estimated billing, which has pitched the DISCOS against consumers. It is paramount that pre-paid meters are installed for all consumers to increase the confidence of Nigerians, rather than the current controversial estimated billing.�

While all efforts made

by THISDAY to get the Discos' Director of Research and Advocacy, Mr. Sunday Oduntan, to comment on the suspension of tariffs, proved abortive as he neither picked his calls nor replied to texts sent to him, a senior official of one of the electricity Distribution Companies (Discos), told THISDAY that the power companies received the news about the suspension with shock, describing it as a setback to the power sector.

The Group Managing Director of the Nigerian National Petroleum Corporation (NNPC), Malam Mele Kyari, has, however,

assured labour that NNPC would diligently implement the agreement reached between them and federal government and commended labour leaders for suspending their planned protest.

The Director-General of the LCCI, Dr. Muda Yusuf, told THISDAY that the unions have welcomed the removal of petrol subsidy and only wanted a justification for the recent hike in electricity tariffs.

Yusuf, however, warned that suspending the new tariffs in favour of retaining the subsidies would doom the economy.

He said: “We have seen large negative variances in revenue performance at all levels of government. The capacity to fund critical economic and social infrastructures had waned considerably. If the country continues with the current trend of monstrous and opaque subsidies, it could slip into bankruptcy.�

Speaking in the same vein, the Acting Director-General of MAN, Mr. Ambrose Oruche, commended the labour unions for shelving the strike, which would have been too much for the economy that is just recovering from the COVID-19 lockdown.

Oruche argued that reversing

the tariffs would have adverse negative consequences on the economy and also portray the country’s government as unserious before domestic and international investors.

He said: “Reversing the

REPORT: NIGERIA’S MOVIE INDUSTRY UNTAPPED GOLDMINE million (N113.8billion).

The study also revealed that the production of quality films in Nigeria has been hindered by poor funding.

According to the report, it takes an average of $10,000 to make a Nollywood film compared to Hollywood’s average budget range of $70 million to $100 million while a premiere blockbuster could cost between $200 million and $400million.

Similarly, the Bollywood’s budgets range between $200,000 and $700,000.

The report revealed that 30 leading global entertainment companies, including big names such as Netflix, HBO, and NBC Universal, in collaboration with the Alliance for Creativity and Entertainment (ACE), are joining forces to stop pirates from stealing Nollywood movies and TV shows.

This alliance would allow the IP holders to pool resources to conduct research and work closely with law enforcement agents to find and stop pirates from tampering with Nigerian movie products.

According to the report, pirated versions of films often appear in circulation just days before their actual release dates, which it stressed undermines profits and the ability for producers to fully pay their cast and crew.

The report stated that one of the ways Nigeria could curtail piracy, even at the risk of limiting its citizens’ online freedom, would be by introducing online censorship for piracy sites as India did in 2017 after the Madras High Court ordered approximately 2,650 websites to be blocked nation-wide as an interim measure against the infringement of the copyright of certain films.

The report also stated that “Nollywood should address the issue of distribution by capitalising on its fledgling international recognition. The global powerhouse, Netflix, has set up partnerships with Nigerian production companies, releasing “Lionheart� in 2018 and teaming up with Ebony Life studios to embark on a string of Netflix-branded projects,�

adding that “more distribution channels need to be established both domestically and abroad in order to attract more viewers and potential investors and to limit piracy.�

The FDC also recommended that Nigerian producers and stakeholders should promote Nigeria’s domestic streaming services such as Showmax, Filmhouse One, and IrokoTV in order to improve domestic demand. “The Nigerian movie industry is a potential gold mine waiting to be tapped, and though steps are being taken to unlock this potential, they barely scratch the surface.

Nigerians must look towards the advanced film industries, their issues, and how they attempt to solve them and take note of what needs to be done to improve Nollywood,� the report said.

The FDC also identified lack of investment, infrastructure, and distribution challenges as among the major factors militating against the growth of the Nollywood, which contributed 2.3 per cent (N239 billion) to Nigeria’s GDP in

OPS OPPOSES SUSPENSION OF NEW ELECTRICITY TARIFFS of its measures to deregulate the power and energy sectors of the Nigerian economy.

The OPS also commended the Nigerian Labour Congress (NLC) and the Trade Unions Congress (TUC) for suspending by two weeks the labour strike they planned against the increase in tariffs in order to enable negations and peaceful settlement of the conflicts without disrupting economic activities.

It also advised the labour unions to negotiate and secure palliative that would cushion the temporary effects of the deregulation policies on the masses.

Following the threat by the organised labour to organise a mass action, the federal government and the labour unions had resolved to suspend the implementation of the new electricity tariffs for two weeks to enable a committee set up by both parties to study the issue.

After a marathon meeting that ended in the early morning of yesterday, the organised labour suspended its planned nationwide industrial action for two weeks.

To address the workers’ grievances against deregulation, it was agreed that the NNPC would expedite action on the

rehabilitation of the nation’s four refineries located in Port Harcourt, Warri and Kaduna and to achieve 50 per cent completion for Port Harcourt

by December 2021, while timelines and delivery for Warri and Kaduna will be established by an inclusive steering committee.

On the issue of electricity tariffs reforms, the parties agreed to set up a technical committee comprising Ministries, Departments, Agencies (MDAs), NLC and TUC, which will work for the duration of two weeks effective from Monday (yesterday), September 28.

The Director-General of NECA, Mr. Timothy Olawale, yesterday, in a press statement stated that the Nigerian government would risk rolling back the gains of the recent reforms in the power sector and would further miss the opportunity to build on a credible electricity market for investors if it reverted to a subsidised electricity market.

Olawale said: “We believe that there is no point reversing the decision on the servicereflective tariff and subsidising the electricity market since it would deter investors and drag Nigeria’s push to enforce a credible electricity market. This

would reflect negatively on the economy. “The federal government may not recover from the cost of reverting to the former tariff rate as it would suffer a huge credibility deficit. The issue of taking one step forward and one step backwards in the power sector will keep pushing away the credible electricity market we are seeking to build. “Nigeria’s central bank and other industry stakeholders comprising the Nigerian Electricity Regulatory Commission (NERC), the 11 distribution companies (Discos) and others have been leading a progressive charge to drive reform in the power sector.

The World Bank has also tied most of its facility support to Nigeria’s power sector, which is in the neighbourhood of $750 million, to credible market reform in the power sector. “The new electricity tariff will ensure that prices charged by Discos are fair to consumers but sufficient to allow recovery of the efficient cost of operation, including a reasonable return on the capital invested in the business. It is expected to provide the path to transitioning the Nigerian electricity supply industry to the service-based cost-reflective

Continued on page 9

TOP GAINERS NGN NGN % TOTAL 8.00 88.00 10 CHAMPBREW 0.08 0.89 9.8 OANDO 0.20 2.23 9.8 AIICO 0.07 0.79 9.7 CHIPLC 0.03 0.37 8.8 TOP LOSERS NGN % UPDC 0.10 0.90 10 UPL 0.09 1.33 6.3 CAVERTON 0.11 1.73 7.4 MAYBAKER 0.02 0.27 5.9 WEMABANK 0.02 0.53 3.6 HPE Nestle Nig Plc â‚Ś1,175.00 Volume: 335.749 million shares Value: N4.277 billion Deals: 4,231 As at yesterday 28/9/2020 See details on Page 33

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NEWS

Osinbajo Advocates Overhaul of Tax System to Combat Illicit Financial Flows

Omololu Ogunmade in Abuja

Vice President Yemi Osinbajo yesterday called for a total overhaul of the international tax system as a necessity for effective global action against illicit financial flows.

The vice-president made the call at the virtual press launch of a publication by the United Nations Conference on Trade and Development (UNCTAD) on the impact of illicit financial flows (IFFs) on African development.

He urged leaders of destination countries to insist on repatriation of illicit funds and their proceeds, saying IFFs are negatively affecting progress in developing countries, especially Africa.

He said: “The enormity of

efforts required to tackle illicit financial flows is evident in the many dimensions the scourge presents itself.

"It manifests through harmful tax policies and practices, abusive transfer pricing, trade mis-pricing and mis-invoicing illegal exploitation of natural resources as well as official corruption, and organized crimes.

"We have to pay particular attention to efforts to reform the international tax system," he said.

A statement issued yesterday by the vice-president's spokesman, Mr. Laolu Akande, said Osinbajo noted that the commercial form of IFFs, notably tax evasion accounts for up to 65 per cent of the menace.

He said this implied that special attention should be paid to such matters aided by tax treaties, tax havens, and financial secrecy jurisdictions and tax competition which result in a ‘race to the bottom’ on tax rates amongst developing countries.

Akande said Osinbajo called for an urgent global action, adding that leaders of destinations of illicit funds and their proceeds must demonstrate the will to tackle the menace.

He added: “Another important issue that we must pay attention to is the identification and return of proceeds of illicit financial flows back to countries of origin as an effective deterrent to the scourge of illicit financial flows.

"Certainly, exposing those involved in practices that facilitate illicit financial flows, and retrieving proceeds of illicit funds are efficacious in deterring perpetrators, rebuilding the confidence of the citizenry, and compensating for the damage caused by such crimes. “I encourage all leaders, whose countries are considered absolute outliers for illicit financial flows, to join forces and take the responsibility of combating the scourge by insisting on the repatriation of illicit funds and their proceeds," he said.

He appealed to leaders whose countries are destinations for IFFs to take notable steps meant to prevent and stop the receipt of illicit

funds into their countries.

He also appealed to such leaders to assist in freezing, seizing, and returning such funds and its proceeds to their countries of origin.

Osinbajo called for cooperation and collaboration among “the private sector, civil society, trade unions and professional groups to work with governments in tackling illicit financial flows.�

He also advocated the necessity for the private sector to support government's efforts by conducting its activities in line with international best practices and also pay their tax in compliance with local laws.

He tasked professional bodies of lawyers, accountants, auditors, and bankers to

observe ethical professional standards and hold their members accountable when they engage in" tax evasion and aggressive tax avoidance.�

Osinbajo urged the UN system to facilitate the establishment of clear rules and enforcement mechanisms on all aspects of IFFs. The statement said Osinbajo also spoke on the report by the committee led by former South African President, Thabo Mbeki, on IFFs during an interactive session with journalists at the event.

He called for concerted efforts among African leaders as well as cooperation between Africa and multilateral organisations to end the scourge of IFFs from the continent.

new tariff. “It’s a major setback. Two is the fact that the Discos are yet to get a communication from the regulator asking us to stop the new tariff because we also got a written communication from the NERC to say go ahead. So, the Discos will not act on media reports.�

and legitimate follower expectations. The leadership chose the pursuit of common good and posterity will vindicate us all for standing with our country. “NLC and TUC demonstrated absolute faith in our country and showed understanding on the inevitability of petrol deregulation and jointly charted a way forward to secure local refining sufficiency through greater stakeholder inclusiveness and transparency.

We will follow through diligently.�

the power sector operations is evidence of government's pro-people stance.

According to him, "The welcome and positive development is in line with the proven pro-people stance of the President Muhammadu Buhari-led APC administration which has always put the welfare and the interest of the masses first in policy decisions and implementation. Indeed, the shelved strike is a victory for the Nigerian masses."

Nabena stressed that to reduce the cost of petrol, the federal government and labour agreed on the urgency to rehabilitate the nation's refineries and increase local refining capacity so as to reduce the over-dependency on costly importation of refined petroleum products.

APC enumerated the various measures to be taken by the federal government to cushion the effects of the deregulation on the masses.

The party also commended the president for the transmission of the muchawaited Petroleum Industry Bill 2020 to the National Assembly, adding that the PIB would provide the necessary legal framework to the longsought reforms and ongoing deregulation of the petroleum sector in the country.

OPS OPPOSES SUSPENSION OF NEW ELECTRICITY TARIFFS tariffs will mean going backwards. It will also portray Nigeria’s government as unserious for reneging on the implementation of its deregulation policies. “The government needs to be persistent and I will not support the government to go back on these policies it has mustered the courage to introduce. It is needful to take hard decision at certain points in order to get the economy moving. I believe that the government took this decision for the sake of the economy and the good of the people, especially future generations, because the subsidies are eating into our future income today with nothing to cater for our need tomorrow.�

The MAN, according to him, has been clamouring for the full deregulation of these sectors because the gains far outweighed the temporary discomfort they will cause. “It may be painful in the short run but I think it is the way to go. Because cost reflective tariffs will encourage more investments as more people get involved in the power and petroleum sectors, which will be more beneficial for the entire citizens of Nigeria. “We expect the labour unions to seek for palliatives

for the people that are worst affected by these policies,� he said.

Similarly, the DirectorGeneral of NACCIMA, Ambassador Ayo Olukanni, called for frank discussions on the issues of the new electricity tariffs and other burning issues affecting the economy. “Whatever steps that can be taken to prevent disruption of the economy, especially as efforts are being made to minimise the negative economic impact of COVID-19, is a step in the right direction.

So, we welcome this truce between the government and labour unions,� Olukanni said.

A top official of one of the Discos also told THISDAY yesterday that the distribution companies received the news of the suspension of the tariffs with shock.

He said the agreement to suspend the new tariffs would scare investors from the power sector, stressing that if the country continues that way, in the next decade Nigeria will remain in darkness.

The official, who pleaded anonymity, since he wasn’t authorised to speak for the power distributors, said the agreement has created confusion because the bills for September are ready.

According to him, there was

no official communication from the Nigerian Electricity Regulatory Commission (NERC) on the decision to suspend tariffs for two weeks.

He also bemoaned the decision by labour and the federal government to allow only one representative to represent the 11 Discos in the technical committee set up by the government and labour, insisting that the Discos’ representative will not only be shut out, but his or her voice will be drowned out during meetings.

He lamented that no form of consultation took place before the decision to suspend the new tariffs, stressing that the move had taken the entire industry “20 steps back,� whereas only one step was taken forward.

He said: “We all have a duty to make this country better.

Look at it from this perspective, we are left with just three days in this month, then you say you are suspending (tariffs) for two weeks. “So, what happens to the bills we are going to collect?

Because the thinking of customers now will be that they will get the old bill.

Meanwhile, the bill for our customers for September has already been prepared and has gone out based on the

Kyari: NNPC Will Implement Agreement with Labour Meanwhile, the Group Managing Director of the NNPC, Kyari, has assured labour that NNPC would diligently implement the agreement reached between the labour leaders and federal government, and commended labour leaders for suspending their planned protest. “We reached an accord to suspend the planned strike action, great responsibility for both government and Labour, all serving the common good, the beneficial challenge for NNPC, we will follow through diligently,� Kyari tweeted after the meeting.

He added: “Being a former union leader, I understand the difficulties of labour leadership when faced with choices between stark realities

APC Hails FG, Organised Labour on Truce The All Progressives Congress (APC) has commended the leadership of the NLC and the TUC for suspending the nationwide strike following the successful agreement with the federal government.

The Deputy National Publicity Secretary of the party, Mr. Yekini Nabena, in a statement issued yesterday, said the temporary suspension of the application of the costreflective electricity tariffs adjustments by Discos to allow for an all-inclusive and independent review of

CORRUPTION, BANE OF NIGERIANS’ CHERISHED CULTURAL VALUES, SAYS BUHARI the delivery of justice for

the common good, saying if transformation must be achieved, the public sector must be rid of corruption and a forthright judicial system entrenched.

He also advocated the enactment of laws that would enhance the reform of the legal system without putting into consideration the status of anyone adding that the re-orientation of the people along the ethical line is necessary to achieve this. “We need to deploy resources to address our common needs rather than the greed of a callous few.

We need a corruption-free public sector to achieve this transformation; we need a judicial system that dispenses justice without undue delay and technicality. “We need laws and legal system to be reformed to deliver justice to every citizen

without regard to status and finally, we need ethical re-orientation of the people to achieve this goal. When we work together against corruption we can defeat it," he added.

The president who presented publications by the ICPC at the event also commended and presented awards to some Nigerians, including Opeyemi Peter Adeboye, Chikezie Favour and Matilda Daniels who won the ICPC Youth Music and Essay Competitions on the promotion of anti-corruption values as well as the 2020 Public Service Integrity Awardees.

He also commended Francis Osagie Erhabor, a Chief Superintendent of Police and Hamza Adamu Buwai of the Federal Ministry of Industry, Trade & Investment whom he said demonstrated the will to look away from graft and

corruption.

"I congratulate all the awardees. Even though COVID-19 has not permitted the kind of ceremony that you deserve, Nigeria is proud of you. You are a pride to your families, institutions, and to Nigeria," he said.

ICPC Chairman, Prof.

Bolaji Owasanoye, said the commission uncovered N2.67 billion paid to some federal colleges to fund children's school feeding during the lockdown in personal accounts.

The commission which said it also uncovered over N2.5 billion appropriated by a dead senior civil servant in the Ministry of Agriculture to himself and cronies, also listed other assets recovered from the ministry to include 18 buildings, 12 business premises and 25 plots of land.

Owasanoye said under the open treasury portal review conducted from

January to August 15, 2020, the commission found that out of the 268 ministries, departments, and agencies (MDAs), 72 had cumulative infractions of N90 million.

According to him, 33 MDAs reported that N4.1 billion was transferred to sub-TSA while the satisfactory explanation could not be given about N4.2 billion paid to individuals.

He said: “We observed that transfers to sub-TSA were to prevent disbursement from being monitored. Nevertheless, we discovered payments to some federal colleges for school feeding in the sum of N2.67 billion during lockdown when the children are not in school, and some of the money ended up in personal accounts. We have commenced investigations into these findings.�

The ICPC chairman also said under the commission's 2020 constituency and executive

projects tracking initiative, 722 projects with a threshold of N100 million (490 ZiP and 232 executive) were tracked across 16 states.

Speaking with State House reporters after the event, Senate President Ahmad Lawan, said when prosecution of corruption cases drags for a number of years, it is an expression of support for corruption.

He therefore emphasised the need for all organs of government to work together and confront the menace of corruption with a view to enhancing anti-graft war.

Lawan also appealed to citizens to join the fight against corruption, as he disagreed with beliefs that this current administration’s fight against corruption has been selective.

He said: “The emphasis is to ensure that all hands are on deck. First of all, without the legislature, there wouldn't

have been the ICPC. In the fourth session of the National Assembly, the ICPC bill was passed, which was assented to by the then president.

That is to tell you the level of the need and imperative for togetherness in the fight against corruption. “When you have a judiciary that works to ensure that cases of corruption are treated with dispatch, you will agree with me that, that will help in the fight against corruption. If a case of corrupt practice or alleged corrupt practice will last up to four, five, six or ten years or so, you'll know that something is wrong and that is giving some kinds of tacit support to the corrupt practice. “But if there's always dispatch in the treatment of such cases, that will expedite action by the Judiciary to give support to the fight against corruption."

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Court Fines Senator Abbo N50m for Assaulting Woman Alex Enumah in Abuja Justice Samirah Bature of the High Court of the Federal Capital Territory (FCT) on yesterday ordered a serving Senator, Elisha Abbo, to pay the sum of N50 million as compensation to Mrs. Osimibibra Warmate for assaulting her in 2019.

Abbo was caught in the act via a CCTV camera inside an adult toy shop in Abuja.

Delivering judgment in a fundamental right suit brought against the senator on alleged assault of Warmate, in March 2019, Justice Bature condemned the senator’s conduct as a federal lawmaker, adding that he had failed to live by example.

The civil judgment came

weeks after a magistrate’s court found the senator not guilty of criminal assault.

The police had arraigned Abbo before a magistrate court in Zuba, last year on a one-count charge for assaulting Warmate at a sex-toy shop in Abuja.

Despite a video evidence of the incident, Abdullahi Ilelah, the magistrate, upheld the no-case submission filed by the lawmaker and dismissed the case.

However, Warmate proceeded to file a fundamental rights suit marked CV/2393/19 before the FCT high court.

Lugard Tare-Otu and Nelson who identified themselves as Warmate’s lawyers confirmed the court’s verdict on Twitter.

Nigeria’s COVID-19 Cases Rise By 136 to 58,460 Martins Ifijeh Nigeria has recorded 136 new cases of COVID-19, bringing to 58,460 the number of confirmed cases in the country.

Announcing this yesterday, the Nigeria Centre for Disease Control (NCDC) said Lagos recorded 71 new cases; Rivers, 23; Plateau, 12; Adamawa and

Oyo, six each; Kaduna, five; Abia and Federal Capital Territory, three each; Katsina and Kwara, two each; while Bauchi, Borno and Edo recorded one each.

It said: “Nigeria has so far recorded 58,460 confirmed cases of COVID- 1 9 .

49,895 patients have been discharged while 1 , 111 p e r s o n s h a v e died.”

Protesters Set Ablaze Police Outpost in Katsina over Insecurity Francis Sardauna in Katsina Irked by the persistent attacks by bandits on their communities, youths in their numbers yesterday staged a protest and set ablaze a police outpost at Daddara village in Jibia Local Government Area of Katsina State.

The protesters, who barricaded the ever-busy Katsina-Jibia highway at Daddara town, lamented the deteriorating security situation in the area.

The angry youths, armed with green leaves, while chanting different war songs, said banditry and kidnapping for ransom have remained a daily occurrence in their communities, despite the presence of security personnel.

The protesters claimed that police officers, who were on ground to avert the protest, killed one of their members and left many others with varying degree of injuries.

One of the protesters, Adamu Dahiru, told THISDAY in a telephone interview that they embarked on the peaceful protest over worsening insecurity orchestrated by bandits who have been launching mayhem on villages in the area for the past 30 days.

He said: “We are highly disappointed with the grave security challenges facing our communities despite police; presence that is why we embarked

on the protest. Sadly, the police came and started shooting indiscriminately where they killed my brother and injured many others”.

But the State Police Command said the protesters set ablaze police outpost, many vehicles and one AK-47 rifle belonging to officers stationed at the outpost in the area.

The spokesman of the Katsina State Police Command, Gambo Isah, who confirmed the development, said the command has arrested 42 people in connection with the protest that turned bloody in the community.

Isah, a Superintendent of Police, explained that those apprehended would face the full wrath of the law.

He lamented that residents who were supposed to assist security personnel in tackling banditry in the state, were busy confronting them.

He said: “The rioters burnt several vehicles and our police outpost in Daddara. They also set ablaze AK-47 rifle of our security personnel deployed at the Daddara outpost and many other items”.

“We have succeeded and arrested 42 of the rioters and we will ensure that they are taken to court and prosecuted for the offences they have committed”.

“Remember that video of a Nigerian senator slapping/ assaulting a young lady at

a shop? Well justice was served today with the court slamming the sum of

N50M against the Senator.

I am delighted to have represented that young

lady in this suit. We say no more to oppression,” Nelson said.

REVIEW OF ELECTION VICTORY...

L-R: Secretary to the Edo State Government/Director General, Edo PDP Campaign Council, Mr. Osarodion Ogie; Speaker, Edo State House of Assembly, Hon. Francis Okiye; state Deputy Governor, Hon. Philip Shaibu; Governor Godwin Obaseki; state Chairman of the PDP, Dr. Tony Aziegbemi; National Vice Chairman of PDP, South-South, and Chairman of the state campaign council, Chief Dan Orbih; during governor’s meeting with members of the state campaign council at Government House, Benin City... yesterday

FG Prioritises Security in Railway Transport Sector, Introduces Scanners With the inauguration of the Warri Itakpe rail station in Agbor, Delta State, due in a few days, President Muhammadu Buhari and the Minister of Transport, Mr. Rotimi Chibuike Amaechi have prioritised the security of passengers and others with the introduction of top notch security baggage scanners in railway transportation across the country.

The Warri Itakpe station, connecting Kogi, Edo and Delta states, has been slated for inauguration today, September 29, in fulfillment of the promises of the administration to deliver on some of its big projects in infrastructure before the end of the year.

To complement the initiative,

the Nigerian Railway has successfully installed world-class security baggage scanners with super high speed electronic digital passenger screening point and notification sign across the railway station IDU terminal and more.

Identified as the first of its kind with a unique design technology worldwide, the ASNL TB 100/100 has the capacity to scan through baggage and luggage at same speed, processing and breaking down all contents packed at the fastest advanced inbuilt technology.

These scanners also have inbuilt display detection system for safety and suspected dangerous substance.

Also, its high-speed detection system is at five seconds per

luggage with video image CT of detecting objects for analysing and tracing, assisted by an easy wheel for movement with programmed lock for and against vandals.

With this development, the authorities in the transportation ministry have made the safety of Nigerians in the railway system as important to the government.

Managing Director of the Nigerian Railway Corporation, Mr. Fidet Ohikira, while praising President Buhari and Amaechi for making the initiative come through, encouraged Nigerians to be patient so that they could see more of the transformation already taking place in the railway sector of the

economy.

According to him, “we will not stop until all the railway stations are fully equipped with security gadgets. Our passengers are of great value. We want to ensure lives and properties are safe, while not forgetting the great boost this brings to our economy through interstate transport logistics.”

On his part, the CEO of Advonics Group Limited, the company overseeing the project, Mr. Emmanuel Egboh, said, “It’s my desire and joy to see this project come to life, while ensuring that the safety needs of the people are in line with the requisite security measures that are fully in place.”

Ondo Guber Election: IG Pledges to Consolidate on Gains of Edo Poll Kingsley Nwezeh in Abuja Ahead of the October 10 governorship election in Ondo State, the Inspector-General of Police, Mr. Mohammed Adamu, yesterday assured the nation of the determination of the police to ensure another peaceful election in the state.

He said he would replicate the gains recorded by the force and other security agencies in the recently concluded governorship election in Edo

State.

A statement issued yesterday by the Force Headquarters, said the IG gave this assurance when the Convener and Co-convener, Nigeria Civil Society Situation Room, Mr. Clement Nwankwo and Mr. Esther Uzoma led other representatives of Civil Society Organisations (CSOs) in Nigeria on a courtesy call on the IG at the Force Headquarters, Abuja.

The statement said the IG “assured the nation, particularly the people of

Ondo State, of the commitment of the Nigeria Police Force to replicate and advance the gains recorded by the Force and other security agencies during the Edo Gubernatorial Election as the Force prepares for the forthcoming October 10, 2020 Ondo State gubernatorial election”.

It said the meeting availed the police leadership ample opportunity to carry out post-election analysis and general overview of the just

concluded Edo State election in addition to getting feedback especially from the Civil Society Organisations (CSOs) and human rights community on necessary gains to advance and observed lapses to correct in subsequent elections.

The IG appreciated the CSOs for their commendable roles in the electioneering processes and their invaluable contributions toward the passage of the Nigeria Police Act 2020.

FG Launches Digital Nigeria Portal, Mobile App The federal government has launched a Digital Nigeria Portal and Mobile Application in furtherance of the Digital Nigeria Programme, which was kick-started by President Muhammadu Buhari, in March 19, 2020.

The Minister of Communications and Digital

Economy (FMCDE), Dr. Isa Pantami, performed the virtual launch of the mobile application yesterday in Abuja.

Pantami said it was part of the government’s key initiatives aimed at empowering innovators and entrepreneurs with the requisite skills to thrive in an emerging digital economy.

He explained that the Digital Nigeria programme was a key component of the Digital Literacy and Skills Pillar of the National Digital Economy Policy and Strategy (NDEPS) for a Digital Nigeria which was being championed by himself.

Pantami said the ministry was partnering global institutions,

including the African Development Bank (AFDB) and Microsoft to enable Nigerians to acquire cutting edge digital skills within the comfort of their homes.

The minister, however, reiterated the government’s resolve to promote skills over paper qualifications.

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NEWS

‘States Not Carrying Out Tests May Cause another COVID-19 Explosion’ Mary Nnah Even though the daily global reports on COVID-19 indicate that Nigeria is already flattening the curve on the pandemic, the Director-General of Nigerian Centre for Disease Control (NCDC), Dr. Chikwe Ihekweazu, has expressed fear that some states have deliberately refused to carry out adequate tests on COVID-19, and are therefore unable to ascertain the number of positive cases in their domains, adding that such attitude may cause another explosion which may eventually affect the country again.

Ihekweazu, who stated this on ARISE TV show on ‘Nigeria’s increased DNA testing capacity as a way of flattening the COVID-19 curve, and how it can enhance the country’s state of readiness for possible future outbreaks or pandemic, frowned at the fact that many states were driving blindly without being able to ascertain the number of cases in their state due to their unwillingness to carry out tests.

He, however, expressed delight that his organisation can establish that fewer cases were being reported than it was in the last six months, adding that

he was particularly impressed about the progress made in a few states, especially, Lagos.

“We are having fewer cases reported than we had in April and May, and the states we are most comfortable with are Lagos, FCT, Kano and Borno, because they are doing testing a lot, and are not finding as many affected people as they used to.

A few months ago, we used to have a test positivity ratio of up to 20/25 percent in Lagos, and for example, 20 percent of all the samples we once collected were positive, but now that figure is down to 5 percent. So, we are happy with the progress made in Lagos,” the NCDC boss said.

PIB: NNPC Won’t Be Scrapped, Says Sylva Deji Elumoye in Abuja The Minister of State for Petroleum Resources, Mr. Timipre Sylva, yesterday clarified that the Nigerian National Petroleum Corporation (NNPC) would not be scrapped when the Petroleum Industry Bill (PIB) is signed into law.

Sylva said the national oil company would rather be fully commercialised in the interest of Nigerians.

Sylva stated this after a closed door meeting with

the leadership of the National Assembly on the PIB. He said, “I have heard a lot of noise about the NNPC being scrapped but that is not envisaged by the bill at all.

“We’ve said that the NNPC will be commercialised in the interest of Nigerians.

“If we are talking about transforming the industry, the only new thing we are introducing is the development of the mainstream that is the pipeline sector between the upstream and the downstream.

“Because the framework was not there, has not really developed very well. We have adequately provided robustly, for the growth of the main stream sector.

“The host community has the best deal but the details of the bill would be unfolded on the floor of the Senate.

“The Petroleum Equalisation Fund and the Petroleum Products Pricing and Regulatory Agency will not exist in the same form that they exist today.”

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COMMENT

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

NIGERIA AT 60: WARS ARE EVIL

Bobson Gbinije argues the need to rekindle faith in our nationhood and resolve dierences by democratic means

T

he pluralistic coloration given to the truth has always precipitated divisions, conflicts, controversies and wars. Hence, the first victim of war is truth. When truth is murdered or suppressed in any collectivity, it stimulates the instant death of peace resulting to war.

Within the context of usage, war is the unleashing of violent martial, political, socio-economic, religious, cultural, etc., hostilities against another individual, nation or collectivity.

War is fighting, expedition, crusade, jihad, insurgency, terrorism, armed conflict, battle, rebellion, revolution, uprising, offensive insurrection and attack, etc.

The Peloponnesians wars, the 100 days war, the First and Second World Wars, the Battle of Tondibi, the Nigeria/Biafra Civil War (1967-1970), the Rwanda, Burundi, Sudan, Sierra Leone, Mali, Chad, Central African Republic, Islamic State; Al-Shaba, Boko Haram, Al-Qaeda, Shiite, Sunni religious wars, Libya, Somalia, Ethiopia, Eritrea, Yemen, Russia, America, Egypt, North and South Korea, Iraq, Iran, Kuwait, Middle East, India, Libya, Ukraine, China/Taiwan, Pakistan, Bangladesh, Philippines, Afghanistan, Syria wars have turned our world into an oubliette of doom, death, disease and an apocalyptic dungeon of hopelessness.

Wars have plunged and will continue to plunge mankind into the abyss of arrested development. It is the proverbial vulture of our world waiting to consume the carcasses of the dead. It brings out and unleashes brutish bestialities, sanguinary proclivities, Neanderthal brigandage, belligerent lunacy and genocidal decimations on helpless children, women and men. Yet the 21st Century boasts of so-called modern civilization, with over 300,000 universities, over two billion Christians, two billion Muslims, Buddhist, Hindus and nominal traditionalists, etc. It is a shame that wars still remain the major ways of settling our differences.

O what a hypocritical World!

Seeing the evil of war the essayist, Dr Finley Peter Dunne (1867-1937), posited in his book War and War Makers that “I wish it could be fixed up, so the men that start the wars could do the fighting. “The late Biafra leader, Emeka Odumegwu Ojukwu observed in his book Because I Am Involved that: “Nobody Likes blood-letting, one would certainly wish there were no more wars in all parts of the world, because no war in history has ever solved the problem it set out to solve, eventually, whatever solution there is, emerges from a conference table, and not from the battle field. It is only those who have not been involved in a war that will always push war as the first solution to any problem. War does not solve, it cowers but the problem remains�. The people of Ife-Modakeke, Urhobo / Itsekiri/ Ijaw, Tiv-Igala, Boko Haram insurgents, etc., seem not to have learnt their lessons about the futility and negative consequences of war. The people that cause the war and set the stage for the war

MANKIND MUST PUT AN END TO WAR OR WAR WILL PUT AN END TO MANKIND

do not fight. It is the common man, the flotsams and jetsam and the poor downtrodden that die in reckless battles. Hence, the statesman Winston Churchill (1874-1965) said that: “Little did we guess that what has been called the century of the common man would witness as its outstanding feature more common men killing each other five centuries together in the history of the World�. But in very rare cases when painstaking, mindboggling, intensively saber-rattling and doggedly consummate dispute resolution and schism management alternatives have been exhaustively explored and exploited, men could be reluctantly compelled to resort to war in self-protection and self-preservation. But it is the established philosophy of the stoics and pacifist thinkers that on no ground and condition must war be fought. But Adolf Hitler (1889-1945) in his book Mein Kampf said: “It must be thoroughly understood that the lost land will never be won back by solemn appeals to the good God, nor by hopes in any League of Nations, but by the force of arms�; and George Washington (1732-1799) said that “to be prepared for war is one of the most effectual means of preserving peace�.

They preferred war wholly and partially, but war put an end to their lives ambitions and dreams. The totality of our world is sunken in the throes and cesspit of wars.

The United Nations, the African Union, Organization of American States, ECOWAS, ASEAN, Organisation of Asia/ Pacific Nations, regional bodies, national and state bodies can no longer checkmate the octopoidal tentacles of wars in our world.

We call on our leaders, peoples and the global communities to give peace a chance. In his October 25,1962 encyclical, Pope John Paul xxiii(1881-1963) admonished the world thus, “we supplicate all rulers not to remain deaf to the cry of mankind, let them do everything in their power to save peace by so doing they will spare the world the horrors of a war that would have disastrous consequences, such as nobody can foresee�.

Finally, Jesus the Christ admonished us “to beat our swords into ploughshares, and our spears into pruning-hooks that nations shall not lift up sword against nation, neither shall they learn war anymore�. In his “Song of Hiawatha�, Henry Wadsworth Longfellow, said: “Buried was the bloody hatchet, buried was the dreadful war-club, buried were all war-like weapons, And the War-cry was forgotten, then was peace among the nations� and corroborated John Fitzgerald Kennedy in his 1961 United Nations address said: “Mankind must put an end to war or war will put an end to Mankind�. As we mark 60 years of Nigeria’s independence let’s rekindle faith in our nationhood and resolve all our differences by democratic protocols and not wars. Wars are cadaverous curmudgeons and evil. r$IJFG (CJOJKF 'PVOEFS .BOEBUF "HBJOTU 1PWFSUZ XSPUF GSPN 8BSSJ

THE STATES ARE DYING

The states should as a matter of urgency press for a new revenue allocation formula, writes Eric Teniola

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here is a hardly a day that goes by now, that we don’t read in the media of billions of naira being stolen by an agency in the central government. The whole thing is sickening. The rate at which money is being stolen in the central government has become like a curse. It is as if there is a competition among top government officials on the amount you could steal. The main reason is that there is too much money in the centre and there is lack of coordination. Someone even suggested that we don’t have any leader in the centre. In an ideal situation it should not be tolerated. I think the time is ripe now to ask how come the central government has so much money while the states and the local governments are on financial ventilator. The last time we examined the formula for revenue allocation was in 1980. And the report was never implemented till today. The military came in 1984 and bungled everything. The present revenue allocation formula favours the centre because it was produced by the military.

And as we are aware the military prefers a central command structure.

In spite of the extravagant life style of governors judging by the number of the expensive Lexus and Toyota CVR cars in their convoys, the states are dying for lack of funds. Notwithstanding the Local Government Reform Committee set-up on June 17, 2003 and headed by Etsu Nupe, Alhaji Umaru Sanda Ndayako as the Chairman with Alhaji Liman Chiroma (North East), Barrister John Ochoga (North Central), Professor Godwin Odenigwe (South East), Mr. Augustine Udoh-Ekong (South South), Professor Akin Mabogunje (South West), Senator Tunde Ogbeha (Senate), Hon. Austin Okpara (House of Representatives), Mrs Abieyuwa Garba (representing Women), Mr. Venatius Ikem (Youth) and Alhaji I.B. Sali as the Secretary of the committee, the local government system today in Nigeria is more or less dead.

Yet the centre keeps on spending money like drunk sailors. The rural areas have been abandoned and neglected. The other day the Vice President, Yemi Osinbajo, cried out that the cost of governance has become too expensive. To me that is understatement. The cost of running government in Nigeria is killing Nigeria. And a docile society like ours tolerate it. It looks as if we have surrendered. We

should ask ourselves why the central government has become so mighty. The major reason is the issue of revenue allocation.

In 1980, President Shehu Shagari attempted to address the issue of revenue allocation. On November 21, 1979, he set up the Presidential Commission on revenue allocation. The Commission was headed by Chief Pius Okigbo.

Other members of the commission were Uman Bello, Garrick B. Leton, Ahmed Talib, Balarabe Ismaila, Adedotun O. Phillips and W. Okeife Uzoaga. Mr Ambrose Feese of the New Nigeria Development Company Limited in Kaduna was the Secretary. Messrs C.C. Chukwurah, I.O. Dada, F.D.O. Enwefah, A.O. Gaber and Tunji Olutola from the Federal Public Service and Mrs M.N. David –Osuagwu from the Public Service of Anambra State formed part of the secretariat of the commission. The commission toured the then 19 states of the federation and later submitted its reports to President Shagari on June 30, 1980. One hundred and thirteen individuals submitted memoranda to the commission while 48 associations, institutions and professional bodies equally submitted memoranda to the commission. Among those who submitted memoranda were Chief Simeon Adebo, Governor Aper Aku of Benue State, Professor Sam Aluko, Mr. Akin Fadahunsi, Chief D.E. Okumagba, Senator Kunle Oyero, Dr. Ibrahim Tahir, Dr. A.B. Yusuf, Mr. R.O. Nwabueze, Mr. Fola Omidiji, Dr. E.J. Nwosu, Mr. Bisi Morafa, Dr. Dele Olowu, Chief N.A. Frank Opigo, Chief E.E. Jacob Duke, Chief A.A. Ani, Chief E.K. Clark, Mr. B. Briggs, Chief S.O. Asabia, Mr. Victor Salami, Mr. M. Prest, etc. All the 19 states then submitted their memoranda to the commission.

But let us look at the various revenue commissions that we have had till date. “In political as well as fiscal terms, Nigeria operated a unitary form of government between 1914 and 1946. There was therefore no need for any system of revenue sharing.

The impending constitutional change to be introduced in 1946 by the Richards Constitution created the need to formulate proposals to enable the newly created regions, North, West, and East, to carry their new responsibilities.

The new constitution gave to the regions some measure of autonomy - administrative authority and responsibility, but left the supreme fiscal powers squarely with the central government.

It was therefore necessary to make available

to the regions revenues to enable them to undertake their new functions. The Phillipson Commission was to formulate the administrative and financial procedures to be adopted under the constitution.

The commission divided regional revenues into two classes: “declared� and “non declared� revenues. “Declared� revenues were those locally collected by the regional authorities: direct taxes (personal income), licences, fees, income from property, mining rents, etc. These formed the core of what were later restyled independent revenues. “Non-declared� revenues were those collected by the central government. Since Nigeria operated a unitary government, it was the central government that determined what portion of the “non-declared� revenues were to be shared each year among the regions. In the event, during the four years of the Phillipson scheme (1948-1952), the proportion of centrally collected revenues shared among the regions remained under one fifth.

For the share of the regions out of the non-declared revenues, Phillipson considered three principles: derivation, even progress and population. Since population could be used as a proxy for need and even progress, and the statistical basis for using this principle did not exist in 1946, Phillipson applied only the principle of derivation. His argument that in using it he aimed at inculcating “financial responsibility� into the regions, was mere rhetoric: all the taxes that entered into the argument were outside the legal and administrative jurisdiction of the regions. But Phillipson also attempted to ensure that the shares of the regions reflected the need to maintain existing levels of regional expenditures as well as provide for “reasonable and unavoidable expansion.� Officials were blamed subsequently for making assumption on the entitlement of the region on the basis of derivation, since the statistics of regional consumption of certain commodities were grossly deficient. Second, controversy, developed as to who was being developed at the expense of the other: the relative contribution of the regions to the total revenues (declared and non-declared) and the relative receipts from the centre diverged widely. The application of the principle of even progress with population as the proxy would have redressed the balance by giving the North more the 36 per cent it got against the West with 26 per cent, or the East with 38

per cent. The dissatisfaction with the Phillipson scheme and changes envisaged by the 1951 MacPherson Constitution which introduced a quasi-federal structure of government led to the appointment in 1950 of Professor John Hicks (1904-1989), a British Economist and Sir Sydney Phillipson (1892-1966), a British Knight and finance administrator to develop a scheme that “over a trend of five years� would achieve a “progressively, more equitable division of revenue.� By recommending that the regions should have the power to raise, regulate and appropriate to themselves certain items of revenue, Hicks and Phillipson laid the foundation for the principle of independent revenues whose seeds were already in Phillipson’s category of “declared� revenues. Since, however, these revenues could not meet the needs of the regions, some centrally-collected revenues would have to be shared between them. Accordingly, the commission proposed the principles of derivation, need, and national interest. It gave 50 per cent of the import and excise duty on tobacco and 100 per cent of the duty on motor fuel back to the regions on the basis of derivation established by reference to the relative consumption in the region. It gave capitation grants to the regions on the basis of need established by reference to population.

But since at the time when the commission was doing its work, the last census was in 1931 and the next census was two-three years away (1953). The population factor was determined by reference to the male adult tax payers in each region. Indeed, the 1953 population was, in many places, grossed up from the nominal tax rolls. The commission gave special grants to the regions on the basis of national interest: 100 per cent of the cost of the regional police force; 50 per cent of the cost of Native Authority police force; and 100 per cent of the grants given for education by the regional government to the voluntary agencies and local authorities.

The commission’s report had one outstanding feature. A single factor was used for strict and direct revenue allocation a two-factor formula, of need and national interest was used for grants. This took care of principles that could not readily, for statistical and other reasons, be accommodated in the formula for direct allocation.

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EDITORIAL

ISSUES IN KADUNA’S CASTRATION LAW To fight the scourge of rape, the authorities must go beyond sensational laws

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n a law recently passed by the State House of Assembly, anyone convicted of raping an adult in Kaduna will be subjected to surgical castration while those convicted of raping a child under 14 will face the death penalty. In justifying the law, Governor Nasir el-Rufai, argued that “drastic penalties are required to help further protect children from a serious crime�. Coming against the background of reports of spike in rape cases in the country, especially during the COVID-19 lockdown, we understand the basis for the law.

However, before we raise our concerns, we must state clearly that anything that will curb the scourge of rape in our country is welcome. Besides, even though of different variant, castration law as a way of deterring sex offenders is common in many countries, including the WILL KADUNA BE ABLE United States.

AND WILLING TO BRING Last year, Governor Kay Ivey of SUCH JUSTICE TO THE AFFLUENT OF OUR SOCIETY Alabama signed a controversial AND MEMBERS OF THEIR law that would FAMILIES? require some sex offenders to undergo chemical castration, a forced medical treatment as “a step toward protecting children in Alabama.� The law requires people convicted of a sex crime against a child under 13 to begin a treatment which consists of drugs designed to dampen their sex drive, until a court rules they can stop.

We have for years been calling on the relevant authorities to devise effective measures and strategies to checkmate the growing menace of sexual assaults across the country and rape is a violation of the most demeaning kind that scars many victims for life. Having created a society in which the seemingly strong are seeking ways to display their superiority over ‘weaker’ people, rape may be a more blatant manifestation of

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a deeper deviation in our social psychology.

It goes without saying that when positive means of personal identification and legitimate expression are suppressed, the devil finds work. But no society should condone rape which regrettably is fast becoming a social epidemic.

On Kaduna, we understand why Governor El-Rufai may want to deal with rape as a serious crime and why the punishment must not only deter but should also remedy the harm to victims. But there are issues of concerns. If the aim is to inflict such physical harm as to deter rapists from further rampage, it is also true that castration will permanently deny the convict of the fundamental right to procreation and the natural exercise of sexual rights that do not qualify as rape. But the most important consideration is in the nature of our society where laws are made only for the poor. We have seen that in the application of the Sharia Law in many of the northern states. Will Kaduna be able and willing to bring such justice to the affluent of our society and members of their families? We very much doubt it!

To fight the scourge of rape, the authorities must go beyond sensational laws. There is the need for a review of existing strategies and the strengthening of mechanisms, including for documenting these incidents.

A point of safe, protective and comforting recourse must exist for victims of sexual violence to address their immediate needs as well as to enable them summon the courage to pursue the ends of justice. What draconian laws do, as has been pointed out by some stakeholders, is to limit the reportage of such crimes. While human rights violations of this nature occur everywhere in the world, as the sick, the evil and the deranged exist in all societies, the only manner in which citizens can feel safe and secure is where the response to crime is swift, efficient and effective. That is what the current situation demands from the relevant authorities.

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

THE NOT TOO YOUNG TO RUN AMENDMENT

n 31st May, 2018 at the signing into law of the Not Too Young To Run bill at the State House, President Muhammadu Buhari stated that “Surprisingly, the age limits for Senators and Governors was not reduced, as originally proposed by the sponsors of this bill. This is an issue that may need to be addressed going forward.�

As the ninth National Assembly commences the constitution amendment process, this presents an opportunity for the Not Too Young To Run Movement to readdress the age reduction bill as well as the independent candidacy amendments which were contained in HB. 544 that was read and passed for the first time at the House of Representatives plenary session on May 26th, 2016 of the eighth National Assembly.

A historical review of the age qualifications for running for office from pre-independence constitutions, such as the Clifford Constitution of 1922 to the post-independence constitutions, including the 1979 Constitution of the Federal Republic of Nigeria – indicates that the age for contesting for seats to the Legislative Council or House of Representatives/State Houses of Assembly was 21 years old.

In the 1979 Constitution, the age requirement to contest for governor was 35 years and the House of Assembly was 21 years. It is important to note that the 1999 Constitution of Nigeria is largely a replica of the 1979 Constitution.

Interestingly, former Deputy Senate President and Chair of the Senate Committee on Constitution Review in the eighth National Assembly, Sen. Ike Ekweremadu, in an attempt to explain why the 35 years age qualification for anyone aspiring to be a senator was retained said it was

to correct the initial disparity in the 1999 Constitution between the age qualification for the senate and that of the president, which used to be 40 years, but now reduced to 35 years.

Ekweremadu also stated that Section 146 (1) of the 1999 Constitution provides that the Vice-President shall hold the office of President if the office of president becomes vacant by reason of death or resignation, impeachment, permanent incapacity or the removal of the president from office for any other reason in accordance with section 143 of the Constitution. “However, Section 146 (2) further provides that where any vacancy occurs in the circumstances mentioned in Subsection 1 during a period when the office of Vice-President is also vacant, the President of the Senate shall hold the office of President for a period of not more than three months, during which there shall be an election of a new president, who shall hold office for the unexpired term of office of the last holder of the office�. “So, since the President of the Senate, a Senator, could become an Acting President by happenstance, it is only right that the qualification for both offices are the same,� he said.

Speaking on the retention of age qualification for the office of the Governor, Ekweremadu added that the majority opinion was that 35 years should be ideal for now to enable the would-be governors to garner the requisite experience. Senator Ekweremadu failed to apply the same logic that “it is only right that the qualifications for both offices are the same� as a Speaker of the House of Assembly can also become Acting Governor.

While the Not Too Young To Run legislation addressed

a major impediment to youth participation in politics and remains a positive action towards closing the representation gap and signalled a shift towards inclusive politics – there is a need to readdress the proposals for age reduction and ensure a more representative and inclusive constitution.

As a result of the reduction of age limits, Nigeria witnessed a new wave of competent and credible young women and men who aspired to run for office in 2019 Elections. For the first time in Nigeria since 1999, young people between the ages of 25-30 were legally empowered to contest for seats in the House of Representatives and State Houses of Assembly.

There are currently 20 direct beneficiaries of the Not Too Young To Run Act in the State Houses of Assembly between the ages of 25 – 30. This is directly as a result of the age reduction legislation that was passed by the National Assembly and assented to by the President on 31 May 2018.

The current amendments must consider further reduction of the age qualifications for running for governor to align with the age for State House of Assembly and either to 21 years old for House of Representatives and House of Assembly or align the age of eligibility to vote with the corollary right to be voted for.

If politics continues to be regarded as a space for older and more politically experienced individuals from particular backgrounds, young people will continue to be systematically marginalized, and their overall disengagement with politics within societies will continue to grow. r*CSBIJN 'BSVL JT B 1SPHSBN .BOBHFS XJUI :JBHB "GSJDB T (PWFSOBODF BOE %FWFMPQNFOU 1SPHSBN

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TUESDAY SEPTEMBER 29, 2020 •T H I S D AY

TUESDAY SEPTEMBER 29, 2020 • T H I S D AY

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T H I S D AY ˾ TUESDAY SEPTEMBER 29, 2020

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POLITICS

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

In Ondo, It’s Anybody’s Game James Sowole writes that Governor Oluwarotimi Akeredolu of Ondo State, flagbearer of the All Progressives Congress is going head-to-head against two major contenders; Eyitayo Jegede of the Peoples Democratic Party and Deputy Governor, Agboola Ajayi of the Zenith Labour Party in the October 10 gubernatorial election in Ondo State

Akeredolu

T

hough, the Independent National Electoral Commission (INEC) has cleared 17 candidates and their political parties to contest the October 10, 2020 gubernatorial election in Ondo State, three major candidates as at now stand head and shoulder above the pack.

Going by their activities on the field as they are marketing their manifestoes, the ruling All Progressives Congress (APC), with the incumbent, Mr Oluwarotimi Akeredolu (SAN) as its candidate, the main opposition Peoples Democratic Party (PDP), which has Mr. Eyitayo Jegede (SAN) as the flagbearer and the Zenith Labour Party (ZLP), with the incumbent Deputy Governor, Mr. Agboola Ajayi as the candidate, are the major contenders in the contest.

Considering the characteristics of the political parties, their candidates and their senatorial spread, the contest may not be different from what has been witnessed in the state since 2012, when the incumbent governor first contested.

While the incumbent is from Owo in the Northern Senatorial District, Jegede of the PDP is from Akure in the Central Senatorial District and Ajayi of the ZLP hails from Kiribo, Ese-Odo Local Government in the Southern Senatorial District.

As at now, the contest, is open for any of the three candidates to win, as nobody can say emphatically, how it would go in line with the popular saying that 24 hours is a long time in politics and in an election.

But among the three candidates, the incumbent remains the closest to the crown going by many factors including financial and human resources.

A major factor that will be of advantage to Akeredolu, is the fact that he has many projects in the three Senatorial districts of the state as his achievements in office.

The Akeredolu administration, has many infrastructural projects including roads, school buildings, water projects, industrial projects among others, which are being used to campaign while his opponents can only promise what they will do.

As the incumbent governor with huge financial resources at his disposal, more people are ready to work with him to ensure his re-election. As the party in power, Akeredolu’s party, APC has a structure in all the nooks and crannies of the state. All things being equal, it is expected that all political office holders including the newly elected local gov-

Jegede

ernment councilors and chairmen that are spread across the 203 wards, would deliver their units in favour of the APC. The council officers, who were elected for a three-year tenure, are not oblivious of the fact that their stay in office, depends largely on the outcome of the forthcoming gubernatorial election.

Also, the incumbent as at now, still has his commissioners and majority of the members in the Ondo State House of Assembly with him. They are expected to deliver their various constituencies.

In addition, the support promised by majority of the former APC governorship aspirants, who have collapsed their structures to ensure the return of Akeredolu in the hope for future benefits, may be a major advantage for the incumbent.

The incumbency factor and the expected support from Akeredolu’s counterparts in other states, is another advantage that can not be joked with particularly, with the outcome of the recently concluded Edo State election.

A major discussion among the people, is that as governors worked and secured the APC ticket for Akeredolu after seeing what befell Governor Godwin Obaseki prior to the party’s primary, they will complete the assignment, by supporting him during the real election.

Despite all these factors that are of advantage to the APC candidate, the power of the real voters, who have been emboldened by the results of the Edo governorship election cannot be overemphasised. Apart from the fact that many people were already of the opinion that a second term for Akeredolu, was not a good one, the recent increase in electricity tariff and pump price of

Ajayi

petrol, with attendant increase in prices of goods including food items, has affected adversely, the image of the APC and all that concerns the party.

For the PDP, the personality of its candidate, Eyitayo Jegede, is a major factor that endears him to many people, particularly, the elite.

The PDP structure, spread across the 18 local governments and which Jegede used in the 2016 election is available to him.

The PDP candidate, is also leveraging on the performance of the party in the 2019 national election in which it won the presidential election and two out of three senatorial seats in the state.

Moreover, the people of the Central Senatorial District, where Jegede hails from, are more determined than 2016 to vote for the PDP candidate.

Also, Jegede is relying on huge votes from Ondo South where his running mate, Hon Ikengboju Gboluga, who is House of Representatives member representing the Okitipupa/Irele Federal Constituency, hails from. The PDP won two out of the three House of Representatives seat in Ondo South. It is also expected that PDP governors would support their own in the forthcoming election in the state.

However, the emergence of the former Commissioner for Works in the state, Mr Gboye Adegbenro, who is from Ilara, a town near Akure, as running mate to the ZLP candidate, may affect Jegede’s votes in the Central Senatorial District which is supposedly his stronghold.

Another major issue that may affect the chances of Jegede is the sentiment that the immediate past Governor of Ondo State, Dr. Olusegun Mimiko is from the

As at now, the contest, is open for any of the three candidates to win, as nobody can say emphatically, how it would go in line with the popular saying that 24 hours is a long time in politics and in an election. But among the three candidates, the incumbent remains the closest to the crown going by many factors including financial and human resources

Central and having another governor from that Senatorial District, would be unfair to other areas.

Jegede has debunked this insinuation by telling the people that a governor has a whole state as his constituency.

He frequently tells the electorate not to judge him by his place of origin , but what he can offer.

Going by the trend of the contest since 2012, there is no concrete arrangement about zoning because there was never a time that politicians from a particular disitrict deliberately withdrew from the Ondo governorship race.

For the ZLP, the strength of the party lies in the grassroot nature of its candidate and the Deputy Governor of the state, Mr Agboola Ajayi. Ajayi started his political career as a councillor and rose through the ranks to become the deputy governor after he served as a House of Representatives member. While serving in various capacities, he had endeared himself to many, especially among the old PDP leaders and members, who later moved to the APC. Some of those who do not want Ajayi are afraid that he would automatically send them into political retirement should he become the governor before them who were formally his leaders. As a likeable personality, it was not surprising that some APC and PDP leaders left their previous parties and joined Ajayi in his quest to govern the Sunshine State.

Moreover, the support of Mimiko, who is the National Leader of ZLP, is a major booster for Ajayi’s ambition as many former political office holders that served during his tenure, have joined the crusade to actualise Ajayi’s governorship ambition.

In addition to that fact Ajayi is from the Southern Senatorial District. To many pundits, that is an added advantage for the ZLP as people of the area, have adopted his project as their own.

Another reliable source said some state governors, who do not want to be identified are backing Ajayi in preparation for the 2023 presidential election.

However, the ZLP candidate carries a moral burden. He is perceived to be slippery, having traversed three political parties within one month. This is an albatross that he has to contend with.

The ZLP candidate may also have to convince the elites that he can deliver on his promises to provide more democratic dividends than other candidates.

T H I S D AY ˾ TUESDAY SEPTEMBER 29, 2020

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POLITICS

Imo Legislators Seethe with Anger Over ‘Detention Law’ Amby Uneze writes that the people of Imo State are ready to confront Governor Hope Uzodinma over a piece of legislation that grants the state’s Chief Executive powers to detain people at his pleasure

W

hen Imo State was created in 1976 by the government of the late Head of State General Muritala Muhammed,, the purpose was to bring government nearer to the people so that they could feel the direct impact of good governance. Apart from the military governors that ruled the state, it has had seven civilian governors starting from the Second Republic in 1979, Chìef Sam Mbakwe. That era ended in 1983. With advent of the current civilian dispensation in 1999, a steady stream of governors have been at the helm of affairs in Imo. All these while, no administration introduced what the people describe as ‘draconian legislation’ other than the current regime of Senator Hope Uzodimma.

What came close to the present regime’s controversial Administration of Criminal Justice Law (ACJL) No. 2 of 2020 was introduced during the first tenure of former governor, Senator Rochas Okorocha. That bill though signed into law by Okorocha dwelt on Reproductive System (Violence Against Persons (Prohibition) Law No. 12 of 2012 otherwise known as Abortion law, but due to the clamour by the Church and to a large extent some sections of the society because some sections of the law were found to be offensive, Okorocha repealed the law.

While signing the repeal presented by the Clerk of the State House of Assembly and the Attorney General of the state, Okorocha noted that the law was made with an intention to protect women and the girl-child against the trauma of rape and incest, while providing stiffer penalties for offenders. According to the content of that law, every woman shall have the right to enjoy reproductive rights, including rights to medical abortion in cases of sexual assault, rape, incest and where the continued pregnancy endangers the life or the physical, mental, psychological or emotional health of the mother. Though, as one of the excuses Okorocha gave then while repealing the law was that he did not read the contents of the bill properly.

However, the import of repealing the law was that he actually listened to the views and needs of the people.

Coming to the present introduction of Administration of Criminal Justice Law (ACJL) No. 2 of 2020, which empowers the governor of the state to arrest and detain anybody at will without any court or police warrant is viewed by the people as an ‘anti-democratic’ policy that cannot be operated in a democratic setting. Specifically, Sections 484 and 485 of the law provides that the governor may effect such detention notwithstanding the provisions of any other law, including that of the Nigerian Constitution 1999 (as amended).

The recently signed law, a copy of which was made public on Friday, does not recognise the need for an arrest warrant for any person it deems to be “in legal custody.” The offensive Section 484 of the law reads: “Where any person is ordered to be detained during the Governor’s pleasure he shall notwithstanding anything in this Law or in any other written law contained be liable to be detained in such place and under such conditions as the Governor may direct and whilst so detained shall be deemed to be in legal custody.”

Section 485 provides that such a person “detained during the Governor’s pleasure may at any time be discharged by the Governor on license” and that “a license under subsection (1) of this section may be in such form and may contain such conditions as the Governor may direct.” The section further states that such license “may at anytime be revoked or varied by the Governor” adding, “Where license has been revoked the person to whom the license relates shall proceed to such a place as the Governor may direct and if

Uzodinma

he fails to do so, may be arrested without warrant and taken to such place.”

The sections definitely contravene the provisions of Sections 34 and 35 of the 1999 constitution, which guarantees fundamental rights to freedom of liberty and human dignity.

Section 35(4) specifically provides that any person who is arrested or detained “shall be brought before a court of competent jurisdiction law within a reasonable time.”

Subsection five states such period could be one day “in the case of an arrest or detention in any place where there is a court of competent jurisdiction within a radius of 40 kilometres” or two days/longer period as may be considered by the court “in any other case.”

The people of the state slammed the lawmakers when section 484 of ACJL which grants the governor the powers under the to detain any person at his pleasure without acourt order went viral on social media.

But the immediate past Deputy Speaker and member representing Mbaitoli State Constituency, Hon. Okey Onyekanma insisted that the obnoxious section 484 of ACJL 2020 never passed through the Imo State House of Assembly. In a personally signed statement, he said he was not privy to the clandestine insertion of some obnoxious, vexatious, and anti-democratic clauses to the Administration

of Criminal Justice Law Amendment bill 2020 which was purportedly passed by the Imo State House of Assembly and signed into law by Governor Hope Uzodimma.

The statement read in part, “My position is clear. The strange Section 484 which allows suspects to be detained at the pleasure of the governor is unjust and unfair. It also provides that a person must obtain a license before he or she is released. These stipulations were not in any shape or form part of the draft bill which was enacted by the Imo State House of Assembly, where I am an active and punctual member. The bill stated “Order” in place other than “Prison or Mental Asylum and not at the pleasure of the Governor.

“The injection of the toxic clauses into the ACJL is the height of absurdity. It intends to create a climate of terror in the state and make Imo a desert of totalitarianism in an oasis of democracy. The obnoxious clauses have rendered the so-called law unacceptable.

It cannot stand. I appeal to everybody to remain calm. As your representative, I have started liaising with other lawmakers who feel equally scandalized by this possible case of forgery to earnestly begin the process of repealing the rogue section which conflicts with democratic ethos.

Similarly, the chief sponsor of the admin-

The injection of the toxic clauses into the ACJL is the height of absurdity. It intends to create a climate of terror in the state and make Imo a desert of totalitarianism in an oasis of democracy. The obnoxious clauses have rendered the so-called law unacceptable. It cannot stand.

I appeal to everybody to remain calm. As your representative, I have started liaising with other lawmakers who feel equally scandalized by this possible case of forgery to earnestly begin the process of repealing the rogue section which conflicts with democratic ethos

istration of Criminal Justice amendment bill, Hon. Frank Ugboma (Deputy Minority Leader, Imo State House of Assembly), representing Oguta State Constituency said “the Bill I presented had about a total of 372 Sections.

How and where it was amended, recreated and reshaped into Section 484 and beyond remains a mystery and a legislative wonder of our time as what I presented and circulated to my colleagues during plenary, both in the First and Second readings did not contain such obnoxious and embarrassing Section 484. Neither was it deliberated in the House Committee of the whole. It indeed never existed in the House.

“No one has been able to explain to the members of the 9th House how and at what stage the said Section 484 was inserted into the Bill. It smacks of evil manipulation to throw Imo people into the dungeon. As a Lawyer, I have had cause to fight against such obnoxious laws and as an activist there is no way this section would have scaled through the plenary in the 9th House which I am part of. All of us are already available victims of these obnoxious sections. Not even those who practiced this calculated affront on the Constitution are exempted.

“This particular provision is a nullity ab initio in view of the unambiguous provisions of sections 1(1), (3), 4, 5, 6 and 36 of the 1999 Constitution of Nigeria (as Amended).This is very appalling. In my quest to ascertain which hands of Esau made it into the Bill I presented, attention was drawn to a list said to be the names of Imo people that facilitated the domestication of the Law in the State. It need not be overemphasized that in lawmaking, such contributions and or inputs from members of the public are usually submitted to the House for deliberations.

I am however saddened that there is no record of presentation of such obnoxious contributions to the House. There is no record anywhere that such contributions were laid and/or circulated to members during plenary.

“I have requested that my colleagues constitute a committee to ascertain how such a horrendous act was practiced on this ordinarily good legislation. Its outcome, I believe would interest all lovers of democracy and enable future legislative vigilance. This was not the Bill I presented and sponsored.

“In the manuscripts that I received after each hearing and which I have today compared with that given to my colleagues, there is no hand of Esau. This has informed my view and I have today forwarded a Bill for the immediate amendment of those offensive and draconian sections,” he said.

In his defence for the state government on the raging section(s) of the said law, the State Commissioner for Information and Strategy, Hon. Declan Emelumba said that the vexatious bill was signed on March 11, over seven months ago. According to him, the bill has close to 500 sections. “The bill was sponsored in 2019 and passed accordingly when Emeka Ihedioha was still governor. The current Speaker, Dr. Chiji Collins was also the Speaker. Uzodinma inherited the bill and merely signed it into law in March this year.

He did so because it was the domestication of a federal law which all the states of the federation are expected to concur.”

Conclusively, therefore, Imo people had expected their governor to make policies that will promote good governance, welfare of the citizens, regular payment of salaries and pensions instead of dwelling on laws that are inimical to the development of the state. It is still not late to do the needful by following the footsteps of former governor Rochas Okorocha who repealed a law people termed as ‘obnoxious’ by repealing this ‘unpopular and draconian’ law, so that Imo citizens will in return appreciate the responsiveness of their governor.

T H I S D AY Ëž Í°ÍˇËœ Í°ÍŽÍ°ÍŽ

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FEATURES

Group Features Editor: Chiemelie Ezeobi Email chiemelie.ezeobi@thisdaylive.com, 08038901925

Tackling Pension, Gratuity Nightmare in Katsina Despite inheriting backlog of pension and gratuities, Governor Aminu Bello Masari of Katsina State is taming the conundrum with limited resources available, writes Francis Sardauna

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ormally, the payment of pension, gratuity and salary to civil servants and other government workers ought not to be a predicament because these are statutory duties of government at both state and federal levels.

Unfortunately, the failure of government to pay retirees’ their entitlements has made pension payment a very cumbersome issue in most states of the federation.

A worker who has served the state and attained retirement should be entitled to the payment of his or her pension and gratuities because he has invested his time, energy and productive part of his life in public service.

Sadly, the pension and gratuities of the retirees crumble in most cases, as they are left in a desperate situation.

Many die in the process without getting the pension or without enjoying the fruit of their labour as enshrined in the constitution.

But in Katsina, despite the economic quagmire and security challenges bedeviling the state, Governor Aminu Bello Masari-led administration has eradicated the unbridled systemic corruption through prompt payment of pension and gratuities of the senior citizens.

The governor on assumption of office in 2015, inherited backlog of pension and gratuities, including death benefits of state, local governments and local education authorities retirees, amounting to billions of naira but is frantically taming the conundrum.

Irked by the gory condition of the retired public servants, the governor immediately ordered the payment of their entitlements and death benefits to the families of the slain senior citizens to assuage their predicaments.

Accordingly, between June 2015 to August 2020, the administration paid a whooping sum of N18,953,705,212.39 as pension and N10,667,824,773.80 as gratuity to the retirees under the state payroll, amounting to N29,621,529,983.19.

Similarly, the Masari-led government also cleared the local governments N24,002,208,098.00 pension between June to August 2020 and gratuity of N17,368,300,524.26 to enable the beneficiaries successfully tackle their perennial challenges.

There is no gainsaying therefore that the state government under the leadership of Governor Masari had between June 2015 and August this year, expended the sum of N70,992,038,405.45 on state, local government and local government education authorities retirees.

To sustain an efficient and corruptfree pension scheme and sustainable payment of retirement benefits to workers in the state, Governor Masari has since presented a bill before the State House of Assembly for the establishment of a Defined Contributory Pension Scheme.

The first of its kind bill when pass into law, both the government and workforce would contribute monthly and the workers will be receiving lump sum gratuity and pensions like what is obtained in the current system as government will not allow pension fund administrators to determine how to pay civil servants their hard earned retirement benefits.

The giant strides are evidenced by what the State Head of Service, Mr. Idris Tune, told reporters at the General Muhammadu Buhari's House in Katsina while unveiling the state government's scorecard under his office.

He said: "At the inception of the

Governor Masari

present administration in May 2015, it inherited backlog of gratuities and death benefits for retirees of state, local governments and local education authorities.

"The summary of payment of pension and gratuities made by the present administration are as follows; retirees at state level were paid N18,953,705,212.39 as pension between June 2015 to August 2020, while the sum of N10,667,824,773.80 was also paid as gratuity within the period under review.

"At the local government level, between June 2015 to August 2020, we paid pensioners the sum of N24,002,208,098.00 and N17,368,300,524.26 was also paid as gratuity between June 2015 and August, 2020. The total pension and gratuities paid between June 2015 to August 2020 is N70,992,038,405.45".

Tune reaffirmed that when the present administration took over the mantle of leadership in May 2015, the official quarters occupied by civil servants were mostly dilapidated and government formed a technical committee which swung into action by assessing the structures.

According to him,"to this end, a technical committee was formed that went round to rehabitate the dilapidated structures. The committee successfully rehabitated and upgraded 343 houses across the state at the total cost of N251,664,095.00".

He explained that the state government had also signed a Memorandum of Understanding (MoU) with the Hayat and Sadiq Nigeria Limited, Artigrat Limited, Merit Homes and Properties Limited and Safaz and Shelter Limited for the provision of additional affordable houses to its workforce.

Meanwhile, despite the limited resources available, Masari has graciously implemented the new national minimum wage to workers earning below N30,000 and sequential adjustment of those earning above N30,000 in order to maintain salary gaps across grade levels and steps of different salary structures in the state.

Additionally, the Governor Masari-led government has prioritised prompt payment of monthly salaries to workers as and when due without interruptions as every woker in the state receives his take home pay latest by 25th of

But in Katsina, despite the economic quagmire and security challenges bedeviling the state, Governor Aminu Bello Masari-led administration has eradicated the unbridled systemic corruption through prompt payment of pension and gratuities of the senior citizens

each month.

Furthermore, the administration had between June 2015 and August 2020, recruited 3,667 to replace those who left the services of the ministries, department and agencies as a result of compulsory retirement or death.

Considering the promotion of staff as motivation mechanism for them to put in their best for the development of the state, the governor has approved the promotion of 2002 workers due for promotion to the management level (GL13 and above) between June, 2015 to April 2020.

The state government also sponsored the training and retraining of 2,092 civil servants for both long and shortterm in-service and overseas training to enhance effective service delivery.

It also resuscitated payment refurbishing revolving loan to civil servants in the state which was hitherto abandoned by the previous administration. So far, a sum of N450,630,000.00 has been disbursed to 4,878 beneficiaries between 2017 to date.

To improve the quality of life of workers and their families, the administration signed a Memorandum of Understanding with the organized labour for the State Contributory Healthcare Management Agency to be providing adequate and affordable healthcare services to all categories of public servants in the state and local government level effective from January 2021.

Therefore, with this first-ever tremendous achievements recorded by Masari's administration in tackling pension and gratuity nightmare, the senior citizens who are beneficiaries of this life changing initiatives are expected to profer solutions for speedy development and economic recovery of the state.

T H I S D AY Ëž Í°ÍˇËœ Í°ÍŽÍ°ÍŽ

21

ADEOLAAKINREMI Ë

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Elumelu’s Enduring Influence on the Side Eects...

Global Stage Has Much Benefits for Africa

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n a world full of 7.8 billion people with diverse demographics, making a list of 100 most influential people is extraordinary.

Time Magazine has released its list of the 100 Most Influential People of 2020 and Nigeria’s billionaire banker and philanthropist, Tony Elumelu, who has become a household name due to his impact in pushing the shadows back on Africa, is on the list.

In particular, the category of influence for which Nigeria’s billionaire banker and philanthropist, Tony Elumelu, is defined by Time Magazine makes a big difference. He’s described as a “titan�— one that is gigantic in size or power.

Every year, everyone, from citizens to celebrities to elected officials, loves to make Time’s list of 100 Most Influential People for their achievements, but the odds favors significant achievements.

In one breadth, Nigeria is lucky to have Elumelu. His footprints across the country with extended hands to the rest of Africa makes Elumelu’s outsized greatness a cynosure of all eyes.

But beyond business and benevolence, his path with powerful world leaders either present or past like U.S presidents, congressmen, and senators, makes Elumelu an asset for high profile diplomacy. Of course, this political influence with world leaders is one opportunity for African leaders to have strong engagement with the west, if harnessed.

In recent history, Elumelu’s global influence outpaced that of any of his countrymen with equal ambition. In the past, Antonio Deinde Fernandez, a billionaire businessman with diplomatic engagement, who died in 2015, might have walked the same path as Elumelu, regarding diplomatic engagement.

I’m a fan of Elumelu for the same reason he makes the list of 100 global influencers. He’s an example for countries and organizations looking for a turnaround leader.

At work, Elumelu puts in the hour, so his employees at Heirs Holdings, know the rule of the game—diligence.

Africa’s richest man and Nigerian billionaire, Aliko Dangote, wrote a piece on Elumelu, for Time's Most Influential People issue. “A mere handshake says a lot about Tony Elumelu. His gritty grip underlines his charming, tenacious personality: a man who hardly backs down from any challenge,� Dangote writes. “After deepening the financial market in Africa, he has found an equally important niche: giving a voice of hope to millions of youths across Africa.�

The photo of Elumelu in the current edition of Time Magazine shows that grit—an headshot with focused eyes.

Elumelu is not new to this kind of honor, in 2012, he was named by Forbes Magazine as one of “Africa’s 20 Most Powerful People� and one of New African Magazine’s “100 Most Influential People in Africa� in 2011.

To know why he’s winning, Elumelu’sentry into the business world offers some insights. “I mentioned that Istarted my career selling photocopy machines. I learned something key from this and that is that you must know your product in order to be able to sell it,� he once shared at a business summit. “We used to take the machines apart and put them back together and so we knew them inside out and of course that translated into our sales success. This applies to every job, you must be knowledgeable about your

Elumelu

product so you can sell it properly.

No knowledge gained is lost.�

For decades, Elumelu has rolled up his sleeves to turn the sod in Africa.

Starting from his native country, Nigeria, he built big businesses in an aggressive way, creating employment and bolstering government revenue in multiple countries. Tall, tactical, affable, and energetic, it is clear that Elumelu was born to be chairman of chief executive officers.

With his hands in many big businesses and as a poster boy for the banking sector in Africa, it can be explained why Elumelu is winning.

In short, Elumelu’s fingerprint is everywhere from agriculture, oil and gas, and banking to hospitality.

In the global race for innovation, Elumelu, unlike others in his ilk on the continent, knows that innovation-based economy is what will make Africa fulfill its potential, so he’s doing everything to assemble innovative minds for that change.

More seriously, governments' concentration on wage economy has not changed the tradition of labor rift on the continent.

At best, the idea by governments in Africa has been humpty-dumpty.

That is where the headache lies. It is simply good-for-nothing. In most cases, programs to reduce youth unemployment are implemented poorly and a huge sum of money in governments’ budget to turn the tide disappears every year.

Taken together, innovation is critical to the creation of high-quality, highwage, sustainable jobs and economic growth, which, in turn, support the rapid progress of any nation.

This transition is what has been the preoccupation of Elumelu in recent years and that’s why his model for the development of Africa is receiving the attention.

Assuredly, the billionaire’s 100-meter dash nowadays has been about how to make Africa great in the real sense of the word beyond its leaders’ rhetoric.

After releasing $100 million from his fortune to provide seed grants to 1000 proto-entrepreneurs every year, Elumelu has been making endowments

to programs that can help realise his dream for Africa.

No measure is perfect, but the strength of Elumelu’s approach provides insight into some fascinating questions. What kind of youth unemployment program is desirable for Africa, a continent where the word “potential� has almost become a customized word?

On the global table for inventions, Africans working on the continent are mentioned in ridicule, because the products of their inventions are not innovative enough to get off the ground or compete favorably.

Ultimately, innovation-based economy is what Africa needs to move from its “potential� position to producer level and that’s what I think Elumelu has been spending his time and fortune doing in recent years.

Elumelu is putting his money where his mouth is and his interest in seeing the Africa rising narrative beyond the statistics is what I think remains the force behind his extraordinary quest for entrepreneurial skills in Africa.

At a time, every investor is scared about the world economy, Elumelu is motivated with encouraging words to those who want to invest in Africa. “Today there’s more market stability than ever before and there’s a willingness and realization by African leaders that capital will come to where it’s welcome,� he told Time. “So they’re trying to make an enabling environment in their markets and in their countries to attract foreign investments.�

With a made-in-Nigeria story that is motivating for any young entrepreneur, Elumelu, who became the youngest bank CEO in Nigeria’s history at the age of 34, is undoubtedly creating a shift in mindset— economically and politically.

As someone who likes to understand the motives behind every story, I’m not fascinated by many “how to make it� stories told by businessmen, but the story of Elumelu cut through my heart.

For his benevolence, Elumelu has a strong outlook in Africa. For example, In August of 2017, as Sierra Leone struggled with human tragedy and economic woes that resulted from a massive landslide that killed more than 800 people in its capital, Freetown, Elumelu stepped forward, pledging $500,000 of his fortune to support national emergency and to improve the city’s fortune.

In March, he dispensed more money to help stem the tide of COVID-19 across Africa. Elumelu gave outlandish $14 million from his fortune at a time people and nations are driven-apart by a contagion.

And since 2015, when he began to give grants from his $100 million set aside for small businesses to expand Africa economy, Africa’s economic growth through entrepreneurship has been on the upsurge.

A large chunk of that money is now in the hands of young entrepreneurs in at least 48 countries in Africa where contribution is being made.

But beyond business and benevolence, his path with powerful world leaders either present or past like U.S presidents, congressmen, and senators, makes Elumelu an asset for high profile diplomacy

I n d e p e n d e n c e D ay I t ’ s a l w a y s h a rd t o d o a re view of Nigeria every year the country marks its separation f ro m c o l o n i a l i s t s . I n f a c t , t h i s independence comes with mixed feelings. At 60, Nigeria is a country populated by unhappy people. If we do a poll, a sizable number of Nigerians will say t h e re ’ s n o t h i n g t o c e l e b r a t e .

I s h a re a s i m i l a r s e n t i m e n t because our education, health and justice system have been in a poor shape just a few years after independence. The sad side of the story is that things continue to go down the hill. It is unbelievable that on the eve Nigeria’s 60th independence, 9 0 m i l l i o n p e o p l e l i v e e n t i re l y o ff t h e g r i d , n o m e d i c a l c a re for the elderly and the publicschool system is in shambles.

Identification trouble T h e re ’ s s o m e t h i n g e m b a r r a s sing about Nigeria. It is one country with multiple ident i t y p ro c e s s i n g . F ro m B a n k Ve r i f i c a t i o n N u m b e r s ( B V N ) , National Identification Numbers (NIN), passport, driver ’s l i c e n s e , S I M c a rd re g i s t r a t i o n t o v o t e r s ’ c a rd , N i g e r i a h a s multi-layers of identification numbers for its residents, maki n g l i f e d i ff i c u l t f o r p e o p l e i n most cases and creating grounds for identity theft. The Federal Inland Revenue Service (FIRS) has now come up with selfcertification with warning that anyone who fails to register and submit their self-certification f o r m s r i s k f o r f e i t u re o f t h e i r bank accounts and other assets with financial institutions.

FIRS is asking persons holding a c c o u n t s i n d i ff e re n t f i n a n c i a l institutions to complete and submit the form to each one o f t h e i n s t i t u t i o n s . T h e re ’ s n o o t h e r w o rd t o d e s c r i b e t h i s : p o o r.

Sovereign Lesson Nigeria received its Sovereignty 101 class from Britain last week a n d I w i l l s a y I f e e l e m b a rrassed for Nigeria. The United Kingdom and the United States h a d m a d e a s t ro n g s t a t e m e n t o f v i s a b a n f o r a n y o n e c re a t ing chaos during the staggered e l e c t i o n s i n c l u d i n g t h e re c e n t Edo State gubernatorial elect i o n . I n re s p o n s e , t h e f e d e r a l government protested the threat a n d v i s a re s t r i c t i o n s , s a y i n g such actions by the US and UK were disrespectful to Nigeria’s s o v e re i g n t y. B u t t h e s t ro n g feedback that Nigeria received is a lesson of a lifetime. Each country decides its visa policy and determines who is allowed i n . S o , t h a t i s a n o n - s o v e re i g n right. “ Va u l t s o f S e c r e t s �

On October 1, a new book by my friend, Olukorede Yisahu, a columnist and editor at The Nation newspaper, will be on the shelf everywhere in the country and o f c o u r s e a ro u n d t h e w o r l d a s long as you can go on amazon.

It is called “Vaults of Secrets�.

According to Edward Dibiana, “the book, indeed, is a trove of secrets. Dark. Dreadful. Sordid.

S e e d y. S o u l l e s s �

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TUESDAY SEPTEMBER 29, 2020 •T H I S D AY

LAWYER

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WEEKLY PULLOUT

29.09.2020

Constitution Review Must be Holistic and Unfettered

2/DASHBOARD

29.09.2020

Extra-Judicial Killing by Police: When Defence of Lawful Authority and/or Accident Avails Accused Person PAGE 4 36 State A-Gs Drag AGF to Supreme Court Over Judicial Funding PAGE 5

Seven Judicial Officers Accuse Governor Lalong of Unlawfully Withholding their Allowances for Over Four Years

QUOTABLES ‘The Petroleum Industry Bill should be in Parliament, in the next two or three weeks.

I don’t think it should take too long for it to be passed, because there’s already a lot of legislative and executive agreement about many of the key issues and areas.’ Professor Yemi Osinbajo, SAN, Professor of Law, Vice President, Federal Republic of Nigeria ‘The Godfather has no constitutional responsibility.

The Godfather acts outside the Constitution, and he now controls people who are constitutional players. So, if we allow that sort of situation to continue, it will be worse than military rule.....It is dangerous to the concept of democracy.’ - Godwin Obaseki, Governor of Edo State, Nigeria

PAGE 5

Me, Celebrate Nigeria at 60? Sorry, No!!!

PAGE 6

Casebook on Human Rights Litigation in Nigeria PAGE 12

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29.09.2020

Towards an Equitable Constitution Happy 60th Independence Day Everyone (whatever that means)!

I wonder whether I have simply just become a sceptic over the years! Forgive me for not feeling ecstatic, while many seem to be basking in the euphoria of a budding extensive constitutional amendment; I'm not holding my breath that anything significant will emanate from the Senate’s constitution amendment exercise! If, on the contrary, positive results arise therefrom, it will be an extremely pleasant surprise. Of course, there is nothing wrong in bodies like the NBA, civil society organisations etc, forwarding their submissions to the Senate by the due date, but beyond that, the man on the street who represents the majority of Nigerians must also be involved, especially if there will be sweeping amendments, as we have been made to believe that there will be.

Constitutional Amendment: Process to be Adopted Before we go into the actual amendments which are to be made, I think the first bridge to cross is, how the Senate will or should go about carrying out this exercise, that is, how to go about making true the preamble of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution) - "WE, THE PEOPLE of the Federal Republic of Nigeria; HAVING firmly and solemnly resolved......". At the risk of sounding like a broken record or Cacofonix, I must reiterate the fact that, Nigeria has not really had a constitution which reflects most of the wishes of the people, possibly since the 1963 Republican Constitution. Most of the others, including the present Constitution, have been direct or indirect contraptions of the military.

This time around, for the amendments or total reconstruction of the Constitution to be sincere and meaningful, the people must be a part of it, and as directly as possible, not just through our so-called representatives in the National Assembly (NASS) There are various ways, in which this can be achieved. For one, it is time that our representatives in NASS start to convene ward meetings to hear the views of their constituents on a lot of these issues, instead of making themselves so scarce that we only see them on television when sittings at NASS are flashed as news clips. I’m sorry to say that our representatives do not seem to take the time to seek the views of their constituents - they represent themselves, and get together to push their own personal, group or Party agendas to garner political leverage for themselves, and not that of the people per se.

Sovereign National Conference A Sovereign National Conference (SNC) can be convened (possibly with resolutions from past National Conferences playing a part, including the one which took place in 2014 during President Jonathan’s administration), to consider and come to a consensus on all the knotty issues that have confronted our nation, not just since our return to democracy in 1999, but since the amalgamation of the Northern and Southern Protectorates in 1914, and how Nigeria will be restructured for the better.

Late Chief Gani Fawehinmi, SAN, SAM, suggested that one person from each of our 774 local governments, should be elected to participate in the SNC. He also suggested that bodies like the UN, ECOWAS, OAU, EU, the Media and International Rights Organisations, should be given Observer Status at the SNC. My late Father, High Chief Omowale Kuye OFR, was also a proponent of SNC and Federalism, and wrote extensively about it in his book , ‘A Review of the 1999 Constitution of the Federal Republic of Nigeria’. High Chief Kuye said “The best option is a Conference.

There at the Conference, the ethnic nationalities living in geographical Nigeria will agree on a Constitution that will make the Nigerian Nation indivisible, indissoluble and united”.

High Chief Kuye however, rejected the idea that the SNC should be convoked by either the Executive or the Legislature, but by all “the ethnic nationalities” within Nigeria - the people. I strongly recommend his book as a source of information, for those who will be part of this constitutional amendment exercise.

On the heels of the SNC would then be a Plebiscite and or Referendum, before the constitutional amendments or holistic replacement of the Constitution, is undertaken.

Plebiscite Though there exists what is known as a Plebiscite, which is when the opinion of the people is sought on certain questions; however, these responses are

not legally binding, and Government does not have to act upon them. Even though it is a measure which can help to feel the pulse of the people on a lot of the issues that have plagued Nigeria, it may not be of much use in this circumstance, since the outcome of a Plebiscite does not have to be implemented. At best, it can act as a guide.

Referendum There’s also the option of a Referendum which is simply people voting upon a specific constitutional or legal question, the outcome of which, unlike a Plebiscite, is legally binding and will be reflected by way of constitutional amendment or affirmative Government action. For instance, the vote for Britain to exit the European Union was a referendum.

Likewise, the referendum held in Italy on September 20, in which people voted to reduce the size of their Parliament by one-third, and thereby save Italy at least €1 billion in the cost of governance, over the next 10 years or so.

For those who say that there is no provision for Referendum in our Constitution, I beg to disagree.

Even if it is not provided for expressly, it is implied.

How do the people "firmly resolve'' as provided in the Preamble of the Constitution, if their opinions are not sought and obtained by way of a legally binding referendum? How does sovereignty belong to the people of Nigeria from whom government through the Constitution derives all its powers and authority? (Section 14(2) (a) of the Constitution).

How can the participation by the people in their government be ensured? (Section 14(2) (c) of the Constitution). The answer to these questions, is through the use of processes like Plebiscites and Referendums. Not only must this process be employed, it must be inserted and expressly provided for in the new/amended Constitution.

The practice by which the public is engaged only during the campaign season when their votes are being canvassed by candidates, is not the best.

While it may not be possible to get the people's opinion on every single amendment or provision in the Constitution, especially because many of the issues involved may not even be understood by the average man on the street or in the village, important issues like whether the country should remain as one, bearing in mind the agitation of some to secede, should be part of the Plebiscite/ Referendum; whether the agitation for secession can be assuaged if things are done more equitably (possibly, if the powers of the Federal Government are decentralised and true Federalism can be achieved), whether the Presidency of the country should be rotated from zone to zone (maybe this won’t even be necessary if there’s a decentralisation), the size of the National Assembly, State creation (so that, at least all the zones have seven States each like the North West and North Central zones) or reduction, whether the people are satisfied with the number of local governments which their States have (for instance, it is ridiculous that Kano should have more local governments than Lagos), State Police, whether the issue of Nigeria being a secular nation should be strictly upheld - crucial issues like this should be brought before the people, for their input.

Observation No. 1 & 2 From time to time, leading up to the Senate’s deadline next year, I will make observations about constitutional amendments that are required, here on my page. Unfortunately, because of space

Senate President, Ahmed Lawan

constraints, I am unable to list every section and how amendment should read; but I will give as much of an overview as possible.

I think I should proceed gingerly on the premise that Nigerians want to stay together, but subject to there being a complete restructuring of the country to adopt ‘true Federalism’ (this is fast becoming the new catch phrase!) and a more equitable society, with economic restructuring, where no tribes feel marginalised, or that the Constitution has been skewed to favour a particular ethnic group or religion.

My first observation is that the Constitution should be amended to expressly provide for SNC, Plebiscite and Referendum, and the process of how they should be carried out, especially the SNC. While the Plebiscite and Referendum can be done by means of people voting directly - the same way we vote in elections, the SNC is slightly more complex.

One thing is for sure - the SNC cannot be a body of selected individuals by the Executive or the Legislature, as in the case of the 492 or so nominees who partook in the 2014 National Conference.

That defeats the purpose, as such nominees are representatives of the Government, and not the people. While Chief Fawehinmi suggested that the composition of the SNC should be by way of election of one individual per local government, another writer, Lawrence Nwobu suggests that 20% of the SNC should be drawn from NASS, 70% equally from all the ethnic groups in the country according to the zones, and the remaining 10% from Religious Bodies, the NBA, the NLC, Student Associations, Human Rights Groups (like SERAP) and other social organisations. I would add to Mr. Nwobu’s suggestion by saying that, at least the 70% must be elected, while the other groups that constitute the remaining 30% can decide who from amongst themselves they want to represent them at the SNC. My second observation is about the fact that, the Constitution which we have presently, belies the fact that Nigeria practices Federalism, when in reality, it is a Constitution that provides for a Unitary system, one in which power is concentrated in the Central (Federal) Government, which is also is superior to the other levels of Government, that is, the State (Regional) and Local Governments.

The Unitary System is best suited to a State where there is no diversity and autonomy, a small and homogeneous country - the opposite of Nigeria, which has over 300 ethnic nationalities practicing different religions. That is why Nigeria is failing - presently, we have adopted a system that is not suited to us. Federalism is best suited to a large heterogeneous country like ours if we desire to stay together, where the different groups have a good measure of autonomy and self-government; the Federal Government, carries out a few functions on behalf of the whole country, while the Federal Constitution is meant mainly to set out the role of the Central Government and for the protection of ethnic, religious and other minorities within the Federation.

My assertion about Nigeria operating a Unitary system, is supported by several facts - first, by the fact that by virtue of Section 4(2-4) of the Constitution, NASS is empowered to legislate upon the 68 items included on the Exclusive Legislative List and about 30 items on the Concurrent Legislative list contained in Parts 1 & 2 Second Schedule to the Constitution, respectively, while the State Houses of

“MY FIRST OBSERVATION IS THAT THE CONSTITUTION SHOULD BE AMENDED TO EXPRESSLY PROVIDE FOR SNC, PLEBISCITE AND REFERENDUM, AND THE PROCESS OF HOW THEY SHOULD BE CARRIED OUT, ESPECIALLY THE SNC......MY SECOND OBSERVATION IS ABOUT THE FACT THAT, THE CONSTITUTION WHICH WE HAVE PRESENTLY, BELIES THE FACT THAT NIGERIA PRACTICES FEDERALISM, WHEN IN REALITY, IT IS A CONSTITUTION THAT PROVIDES FOR A UNITARY SYSTEM.....”

Assembly (Section 4(7) of the Constitution) are left to contend with a few irrelevant items left on the Concurrent Legislative List and what is excluded from the Exclusive Legislative List, which is little or nothing. In short, practically everything is under the purview and control of the Federal (Central) Government, leaving the States with minimal control over themselves - Federal Police (Section 214), nationalisation of mining and all mineral resources (exclusive legislative list), the economy and concentration of all revenue in the hands of the Federal Government (Sections 162-168), the National Judicial Council and so on.

These sections and others in the Constitution, which promote a unitary system must be considered, evaluated and re-drafted, in order to realise true Federalism. Neither level of government should have absolute power, as the Federal Government has now. The Exclusive Legislative list requires purging of many of the items, which should be transferred to the States. The issue of State Constitutions which will be more extensive and tailor made for each State (as we have in the USA), must also be considered.

Conclusion The constitutional amendment/holistic reconstruction exercise, must be commenced on the basis that what is to be achieved is an equitable and all-inclusive nation, in which the system of government is best suited to us. This seems to be Federalism.

We do not have to copy and paste from any other jurisdiction - this is the time to develop our own home grown version of Federalism that works for us, but obviously following the basic tenets of the concept. Enough of the knee-jerk amendments and responses, which have so far achieved nothing.

4/LAW REPORT

Extra-Judicial Killing by Police: When Defence of Lawful Authority and/or Accident Avails Accused Person Facts

On 2nd August, 2005, a certain Perry Samuel and four other boys who were in a Mercedez Benz car driven by one Samuel Ogbuefi, were accosted and shot at by a team of Policemen in a “Danfo bus” led by the Appellant who was a Police Inspector. The Appellant and the other Policemen, ordered the boys out of the Mercedez Benz car. The boys, except Perry Samuel came out, and they were subjected to beating with batons by the Policemen.

It was later discovered that the Perry Samuel had been shot at the back of his head, and was bleeding profusely and unconscious. The Appellant and his team reluctantly took the deceased to the General Hospital, from where he was transferred to St. Nicholas Hospital.

At St. Nicholas Hospital, the deceased underwent two surgeries to remove particles of his skull that had entered his brain. He was thereafter, transferred to Lagos University Teaching Hospital (LUTH) where he underwent another surgery. He died on 24th September, 2005 at LUTH. The Appellant was consequently, charged to court for the offence of murder. No medical evidence to show the cause of the deceased’s death, was produced from the three hospitals at the trial. However, the Investigating Police Officer, who visited the deceased while he was on admission at LUTH and before he died, testified that all the necessary coroner’s forms were prepared and served on the Chief Pathologist at LUTH, who performed autopsy on the body of the deceased.

The Appellant, in his extra-judicial statement tendered as Exhibit P3, admitted that he fired two shots from the AK 47 rifle from which pellets hit Perry Samuel, causing him serious injuries at the back of his head. However, he raised the defence of lawful authority and accident, concurrently. The Appellant pleaded lawful authority under Section 33(2)(b) of the 1999 Constitution (as amended), and claimed that he killed the deceased in order to effect his lawful arrest and prevent his escape.

After the conclusion of the trial, the court delivered its judgement in which it convicted the Appellant for the murder of the said Perry Samuel. Dissatisfied, the Appellant appealed to the Court of Appeal which dismissed his appeal. He filed a further appeal to the Supreme Court.

Issues for Determination The following three issues were adopted by the court in determination of the appeal: 1.

Whether the defence of “lawful authority” and “accident” ought not to have availed the Appellant, on the strength of the evidence adduced.

2.

Whether Exhibits P3 and P2(i-iii) and the testimonies of PW1-PW5 found by both courts as corroborating each other on the Appellant’s guilt, satisfied the standards for corroborating evidence.

3.

Whether the doubt raised by the woefully insufficient evidence as to the death, time of death and cause of death of the said Perry Samuel, ought not to be resolved in favour of the Appellant.

Arguments On the 1st issue, counsel for the Appellant argued that the shooting was justified and permissible under Section 33(2)(b) of the 1999 Constitution.

On the 2nd issue, counsel for the Appellant argued that there was no conclusive evidence that it was the Appellant that shot the deceased, since the Appellant was among a team of five Policemen, and the testimonies of PW1-PW5 did not satisfy corroborating standards.

On the 3rd issue, counsel for the Appellant argued that the Respondent did not prove beyond reasonable doubt the proximate cause of the death of Perry Samuel, and that the doubts arising from the failure to produce medical evidence attesting to the cause of death – either Death Certificate or any medical records, should have been resolved in favour of the Appellant.

Counsel for the Respondent, argued to the contrary. He submitted, on the authority of ILORI v THE STATE (1980) 8-11 SC 81 at 97, that it is not in all cases that medical evidence is indispensable, and that where there are other facts or pieces of evidence which sufficiently show the cause of death to the satisfaction of the court, medical evidence would not be necessary.

Court’s Judgement and Rationale On the first issue, the Court held that the defence of accident or lawful authority are statutory defences which succeed only on facts establishing either of them; hence, an accused person raising any of the two defences or any other statutory defence, bears the burden of establishing the factual situation upon which he predicated the defence. The defence so raised must tally, and not be inconsistent with the pleadings and evidence of the accused person.

Further, the defence of lawful authority under the Constitution is premised on the Defendant establish-

Honourable Ejembi Eko, JSC

In the Supreme Court of Nigeria Holden at Abuja On Friday, the 31st day of January, 2020 Before Their Lordships

Olabode Rhodes-Vivour Chima Centus Nweze Amiru Sanusi Ejembi Eko Uwani Musa Abba-Aji SC.706/2014 Between MUSLIM FOLORUNSO

APPELLANT

And THE STATE

RESPONDENT

(Lead Judgement delivered by Honourable Ejembi Eko, JSC)

ing, as a matter of fact, that (a) he killed or deprived another person of his life guaranteed

by Section 33(1) of the Constitution, in order to effect the lawful arrest of

the person killed; or (b) prevent the escape of a person lawfully detained.

In this case however, the defence of lawful authority could not avail the Appellant, because it was clear

“.......DEFENCE OF LAWFUL AUTHORITY UNDER THE CONSTITUTION IS PREMISED ON THE DEFENDANT ESTABLISHING, AS A MATTER OF FACT, THAT (A) HE KILLED OR DEPRIVED ANOTHER PERSON OF HIS LIFE GUARANTEED BY SECTION 33(1) OF THE CONSTITUTION, IN ORDER TO EFFECT THE LAWFUL ARREST OF THE PERSON KILLED; OR (B) PREVENT THE ESCAPE OF A PERSON LAWFULLY DETAINED”

from his extra-judicial statement, Exhibit P3, that he did not fire the two shots either to effect arrest or prevent any person lawfully detained from escaping. It was also obvious that the Appellant did not fire the shots as warning shots, to scare away the allegedly attacking lynch mob. Furthermore, there was no evidence of any reported theft nor any tangible circumstance to lead to the reasonable suspicion that the deceased and his friends, resisted any arrest. Attempt was also not made to arrest them for any crime, and evidence was not shown that the deceased and his friends who were held up in traffic jam in a busy environment could have been absconding, or they posed any scintilla of danger to the Appellant.

There is the presumption that a man who shoots at his victim with a lethal weapon, such as gun, intends to cause grievous hurt or has knowledge that grievous bodily hurt or death of the victim is the probable natural consequence. The Appellant did not plead facts to suggest that he shot at the deceased accidentally, and that he did not intend to either kill or cause grievous harm to his victim. The Appellant’s actions as evidenced by Exhibit P3 were reckless and unreasonable, to sustain the defence of lawful authority and/or accident.

Regarding the second issue, the Supreme Court held that the purpose of corroboration is merely to confirm and support a piece of evidence, given that is credible and admissible. In other words, corroborative evidence is that additional evidence that strengthens, makes certain or confirms another piece of evidence that connects the Defendant to the offence he is charged with. The concurrent findings of fact that Exhibits P3 and P2(i-iii) and the testimonies of PW1-PW5 are corroborative of one another can only be disturbed, if and only if the Appellant establishes in what manner the findings are perverse and unreasonable.

There was conclusive evidence that it was the Appellant who shot the deceased and inflicted serious injuries on him, based on the Appellant’s admission in his extrajudicial statement and the unchallenged and unscathed evidence of PW1, 2, 3 & 4 which satisfied the standards for corroborating evidence.

On the third issue, the Apex Court held that it is the duty of the Prosecution to place before the court all available relevant evidence, and if there is a vital point in issue and there is one witness whose evidence would settle it one way or the other, the witness ought to be called.

The Prosecution bears the burden to prove beyond reasonable doubt, that what caused the death of Perry Samuel was the injury inflicted on him by the Appellant and no other cause; be it opportunistic infection following the hospital’s poor management of their patient.

Placing reliance on the authority of MUSA ZUBAIRU v THE STATE (2015) 16 NWLR (Pt. 114) 504, Their Lordships held that from the nature of the case, the failure of the Respondent to produce material medical evidence, particularly the evidence of the Chief Pathologist who conducted autopsy on the body of the deceased, to determine the cause of death, created serious doubt on the case of the Prosecution. There was also an important omission in the chain of evidence, between the assault on the deceased on 2nd August, 2005 and the hospital where he eventually died on 24th September, 2005. The periods unaccounted for had raised serious reasonable doubt, and the Appellant is entitled to the benefit of this serious doubt. The Appellant’s conviction for murder despite the omission of this vital evidence was thus, a miscarriage of justice and ought to be set aside.

From the facts of the case, particularly in view of Exhibit P3 and the evidence of the prosecution witness at trial, it is clear that the Appellant had committed the offence of grievous hurt punishable under Section 332 of the Criminal Code Law Cap. C17 of Lagos State. The offence of grievous hurt though, a complete offence itself, is an element of the offence of murder.

Relying on Section 179 of the Criminal Procedure Law, Cap C.18 of Laws of Lagos State that empowers the court to convict a Defendant for a lesser offence, the Apex Court set aside the conviction of the Appellant for murder for which he was originally charged, and entered in its place, a conviction for the offence of grievous hurt.

The Appellant’s sentence was also replaced with a fixed term of imprisonment of 25 years.

Appeal Allowed in Part.

Representation F.B.A. Alabi Esq. with Mu’Awiya Yunusa Esq. for the Appellant.

Oladapo Akinosun Esq. for the Respondent.

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

29.09.2020

NEWS/5

36 State A-Gs Drag AGF to Supreme Court Over Judicial Funding Former President of the Nigerian Bar Association, Mr. Augustine Alegeh, SAN, has on behalf of the AttorneyGeneral of Abia State and his counterparts from the 35 other States, dragged the Attorney-General of the Federation before the Supreme Court challenging the provisions of the Presidential Executive Order No. 00-10 of 2020 compelling the State Attorneys-General to fund the High Court and other courts in their various States.

The Order which was signed by President Buhari on May 22, 2020, is now being challenged by the State A-Gs as being in violation of Sections 6, 80, 81, 120 and 121 of the Constitution of the Federal Republic of Nigeria, 1999.

Amongst other reliefs sort by the 36 Plaintiffs are:‡ $ GHFODUDWLRQ WKDW E\ virtue of Sections 6 and 81(3) of the 1999 Constitution (as amended), the Defendant is constitutionally obligated and charged with the responsibility for funding all capital and recurrent expenditure of the High Courts, Sharia

Courts of Appeal and Customary Courts of Appeal of the States, being courts created by Section 6 of the Constitution. ‡ $ GHFODUDWLRQ WKDW WKH refusal of the Defendant to fund State courts, is unconstitutional. ‡ $ GHFODUDWLRQ WKDW WKH Presidential Order No. 00-10 of May 22, 2020 compelling the 36 States to fund their own court, is unconstitutional. ‡ $Q RUGHU FRPSHOOLQJ WKH Defendant to fund all capital and recurrent expenditure of the High Courts, Sharia Courts of Appeal and Customary Courts of Appeal of each State. ‡ $Q RUGHU FRPSHOOLQJ the Defendant to refund to the Plaintiffs, all sums expended by them on capital and recurrent expenditure on courts in their various States from January 31, 2020 until the date of delivery of the judgement by the Supreme Court. ‡ $Q RUGHU WR VHW DVLGH WKH Presidential Executive Order No. 00-10 of May 22, 2020, on the ground that it violates the express provisions of the

1999 Constitution.

In the statement of facts, the Plaintiffs noted that they are currently being saddled with the responsibility of funding their State High Courts, Sharia Courts of Appeal and Customary Courts of Appeal, apart from the salaries of judicial RIĂ€FHUV ZKLFK LV SDLG E\ WKH National Judicial Council.

They further noted that this obligation has tremendous LPSDFW RQ WKH ÀQDQFHV RI the their individual States, as it currently accounts IRU D VLJQLÀFDQW SRUWLRQ RI the revenue accruing to the States on a continuous basis.

The Plaintiff States have been made to provide courtroom, residential quarters, furniture, vehicles, generators and make other capital expenditure, as well as recurrent expenditure in their respective States.

The Plaintiffs invoked the original jurisdiction of the Supreme Court to seek a resolution of the dispute and determine the respective constitutional rights, duties, responsibilities and obligations of the parties under the Constitution.

Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN

The Plaintiffs therefore, called on the Apex Court to interpret the constitutional provisions on the funding of capital and recurrent expenditure for the Judiciary.

The legal team of the

Attorney-General and Commissioner for Justice, Abia State, Uche Ihediwa

Plaintiffs led by Mr. Augustine Alegeh, SAN include, Babajide Koku, SAN, Solomon Umoh, SAN, Garba Tetengi, SAN, Tawo Eja Tawo, SAN, Olaseni Adio, SAN, Ekeme Ohwovoriole,

Seven Judicial OfďŹ cers Accuse Governor Lalong of Unlawfully Withholding their Allowances for Over Four Years

Mergers & Acquisitions, Pinheiro LP Hosts Webinar on Economic Recovery 7KH ODZ ÀUP 3LQKHLUR /3 has concluded plans to impanel top industry players in a webinar to proffer solutions on the best ways to put the economy of the path of recovery, post Covid-19.

The webinar which will hold on October 1, 2020 at 2pm has as Keynote Speaker, the President/Chairman Council, Institute of Directors, Chief Chris Okunowo.

In a statement by the Founding Partner of Pinheiro LP, Mr. Kemi Pinheiro, SAN, he said the theme of Mr. Kemi Pinheiro, SAN the webinar is ‘Mergers & Acquisitions: A Panacea to tion ranging from between Economic Recovery?’, and IRXU DQG Ă€YH \HDUV )LYH RI WKH MXGLFLDO RIĂ€FHUV the sessions will be moderated by an Associate Partner claim that they have been LQ WKH ODZ Ă€UP RI 3LQKHLUR QRW SDLG IRU Ă€YH \HDUV ZKLOH the other two claim that they LP, Kehinde Daniels.

2WKHU FRQĂ€UPHG 3DQHOLVWV have been owed for four include the Group Managing years. The Judges alleged Director, Meristem Securi- that Governor Lalong, a ties, Oluwole Abegunde, Lawyer, deliberately seized Investment Director, UAC their entitlements while payNigeria Plc, Debola Badejo, LQJ RWKHU MXGLFLDO RIĂ€FHUV Managing Counsel Shear- regularly.

In a letter dated September man & Sterling UK, Tsegaye Laureudeau and Associate 8, 2020 to Governor Lalong, Partner Pinheiro LP, Ajoke their lawyer, Chief Adeniyi Akintola, SAN, states that Ojikutu.

Attendees are expected to his Clients demand that register for the free webinar they be paid their total entitlements within two at http://rb.gy/btuhvz.

Seven Judges of the Pla- ZHHNV RU WKH\ ZLOO ÀOH DQ teau State Judiciary, have action against the Governor. engaged the services of the According to them, Lalong ODZ ÀUP RI &KLHI $GHQL\L gave no reason for the delay Akintola SAN & Co, to in payment or his refusal demand from the Plateau to pay.

The letter signed by MatState Government the sum of N119,112,840 being the thew Opukumo for Chief accumulated entitlement of Akintola, reads: “We have allowances and accommoda- our Clients’ instructions to

SAN, Paul Harris Ogbole, SAN, Aikhunegbe Malik, SAN, Olawunmi Nwano, Oroma Azeez, Kelechi Onwuegbuchulem, Chinwe Onumonu and Abdulhakeem Ibrahim Badamasi.

Seven Judges of the Plateau State Judiciary, have engaged WKH VHUYLFHV RI WKH ODZ Ă€UP RI Chief Adeniyi Akintola SAN & Co, to demand from the Plateau State Government the sum of N119,112,840 being the accumulated entitlement of allowances and accommodation ranging from between the effect that, by the Act IRXU DQG Ă€YH \HDUV )LYH RI WKH MXGLFLDO RIĂ€FHUV which prescribes salaries claim that they have been and allowances for judicial QRW SDLG IRU Ă€YH \HDUV RIĂ€FHUV QDWLRQZLGH LW LV WKH while the other two claim exclusive responsibility of that they have been owed the various State Govern- for four years. The Judges ments to provide all judicial alleged that Governor Lalong, RIĂ€FHUV URRIV RYHU WKHLU a Lawyer, deliberately seized heads, and ensure ease their entitlements while of their mobility to wit; SD\LQJ RWKHU MXGLFLDO RIĂ€FHUV provision of vehicles and regularly. decent accommodation for In a letter dated September 8, 2020 to Governor Lalong, themâ€?. “Our Clients informed their lawyer, Chief Adeniyi us further that, in Plateau Akintola, SAN, states that his State, the government has Clients demand that they be over the years found it more paid their total entitlements convenient to pay Judges within two weeks, or they 200 per cent of their annual ZLOO Ă€OH DQ DFWLRQ DJDLQVW WKH basic salary yearly in lieu Governor. According to them, of accommodation, until Lalong gave no reason for delay in payment or his the year 2015 when same the refusal to pay. stopped. “To our Clients’ surprise, fellow Judges and judicial RIĂ€FHUV RI WKH &XVWRPDU\ Court of Appeal have been paid their accommodation allowance up to the year Peter Taiwo 2019.â€?

The Economic and Financial Akintola stated that the Crimes Commission (EFCC) Judges were in the dark arraigned staff of Travelex Retail as to why such treatment Nigeria Limited and Homeland was meted out to them. BDC Limited, before an Ikeja He said: “The basis for Special Offences Court, Lagos this discrimination remains over an alleged $1.42 million unknown�. fraud “Whilst our Clients’ alThe duo whose names are lowances were left unpaid Ezego Ogbu and Nwamadi and have remained unpaid Nnamdi were docked on a till date, the Plateau State 6-count charge bordering on Government, in an un- conspiracy to steal, stealing, precedented manner, went fraudulent false accounting ahead to pay a whooping and unauthorised modification three years’ accommodation of computer data contrary to allowance in advance to Sections 409, 278(1)(b),( 2)(f), brother Judges, who were 285(1), 335(a)(c) and 387(1)(2) Code Law of Lagos appointed in May, 2019.� Criminal State of Nigeria 2011.

Plateau State Governor, Simon Lalong

The letter signed by Matthew Opukumo for Chief Akintola, reads: “We have our Clients’ instructions to the effect that, by the Act which prescribes salaries and allowances for judicial RIĂ€FHUV QDWLRQZLGH LW LV WKH exclusive responsibility of the various State Governments WR SURYLGH DOO MXGLFLDO RIĂ€FHUV roofs over their heads, and ensure ease of their mobility to wit; provision of vehicles and decent accommodation

for themâ€?. “Our Clients informed us further that, in Plateau State, the government has over the years found it more convenient to pay Judges 200 per cent of their annual basic salary yearly in lieu of accommodation, until the year 2015 when same stopped. “To our Clients’ surprise, fellow Judges and judicial RIĂ€FHUV RI WKH &XVWRPDU\ Court of Appeal have been paid their accommodation allowance up to the year 2019.â€?

Akintola stated that the Judges were in the dark as to why such treatment was meted out to them. He said: “The basis for this discrimination remains unknown�. “Whilst our Clients’ allowances were left unpaid and have remained unpaid till date, the Plateau State Government, in an unprecedented manner, went ahead to pay a whooping three years’ accommodation allowance in advance to brother Judges, who were appointed in May, 2019.�

Staff of Travelex Retail, Homeland BDC Docked Over $1.4 Million Fraud The EFCC Prosecutor, G.C Akaogu, told the court that the 1st Defendant, Ezego Ogbu, while in the employment of Travelex Retail Nigeria Limited as a reconciliation officer for the company, altered the consolidated spread sheet and hand back reports of Travelex Retail Nigeria Limited used for proper accounting records of the company, for sale of United States Dollars in the sum of $958,000 dollars.

According to the charge sheet, " Ezego Ogbu and Nwamadi Nnamdi sometime in 2018 in Lagos within the Ikeja Judicial Division whilst working for Travelex Retail Nigeria Limited and Homeland BDC respectively, conspired among yourselves to steal on aggregate sum of

$958,000 property of Travelex Retail Nigeria Limited.

The Defendants pleaded not guilty to charges preferred against them by the EFCC, upon which Prosecutor urged the court for a trial date and asked that the Defendants be remanded in prison custody.

Defence counsel, Bello Joseph, informed the court about a bail application. Upon hearing the application for bail, Justice Mojisola Dada granted both Defendants bail in the sum of 100 million each, sureties who must have a built up property and agree to have a lien on their account.

Justice Dada adjourned the matter to November 24, 25 and 26, for trial.

29.09.2020

6/

Me, Celebrate Nigeria at 60?

Sorry, No!!!

Introduction

M

any Nigerians at home and abroad, including Elder Statesmen and women, Rights Activists, NGOs, Journalists and social media Czars, have severally called upon me in the last one week, to comment on my personal feelings about “Nigeria at 60”. I had hitherto resisted this invitation, lest I painted a horrifically gloomy picture of despondency. However, because the questions will not stop cascading in like a torrential rainfall, I am now compelled to share my honest, but very modest, thoughts about Nigeria at 60. I am extremely sad, about Nigeria at 60. Very, very sad indeed. Surely, a 60 year and above old man or woman, is already a senior citizen; a grandfather, or grandmother. I am one. This means such a man or woman has grown; or is at least, presumed to have grown, in maturity and development.

But, I am sad that Nigeria, “our own dear native land” (words taken from the beautiful lyrics of the unfortunately discarded old National Anthem), has neither developed nor matured. I am sad that she has not even been allowed to take full advantage of the various Constitutions fashioned out by our Colonial Masters and various indigenous governments to give her meaningful nationhood, after she was named “Nigeria” in 1897. She was so named by a young British Journalist, Miss Flora Louisa Shaw who later married Lord Sir Baron Frederick Lugard, the Governor – General, who amalgamated the Southern and Northern Protectorates to found Nigeria, on 1st January, 1914.

Flora Shaw (1852-1929), had written an essay in the LONDON TIMES on 8th January, 1897, where she suggested the name “Nigeria” for the British Protectorate on the Niger River. She had coined Nigeria as a name, because she desired a shorter name for the “agglomeration of Pagan and Mohammedan States”, to replace the rather lengthy official title of Nigeria, “Royal Niger Company Territories”. This name, to her, was too long to be used as the name of a “Real Estate Property” under the Royal Niger Trading Company. She therefore coined Nigeria (from “Niger-Area”, in preference to such names as “Central Sudan”, “Niger Empire”, “Niger Sudan”, etc. I am very sad that at the time we were forcibly coupled together in

the manner described above, Nigeria was made up of already independent and autonomous Nations and Nationalities.

The entity called Nigeria already had, in no particular order, the great Benin Empire, Oyo Kingdom, Ife Kingdom, the Hausa city States, Kanem-Bornu Empire, the Afemais, Ijaws, Urhobos, Itsekiris and the Esans. We already had the Opobos, Ebiras, Tivs, Idomas, Igalas, Gbagyis/Gwaris, Zulus, Fulfudes, Ogonis, Efiks, Ibibios and Isokos. There already existed the Igedes, Mandaras, Baburs, Beroms, Mangus, the Bachamas, Eggons, Andonis, Chiboks, Bekwaras, and Atyabas. The Shuwas, Kanuris, Bassas, Nupes, Alagos, Aokos, Owans, Balis; the Komas; The Jukuns; Agatus and the Angas, already lived their lives “jeje”.

I am therefore, sad that some new Sherriffs-in-town, erroneously believe we must live together, willy-nilly, by fire and by force, whether we like it or not. It does not matter that

there is absence of social justice, equity, egalitarianism, mutual respect, religious and inter-ethnic tolerance. I am sad that we never utilised, altruistically, the 1922 Clifford Constitution, 1946 Arthur Richards Constitution, 1951 Macpherson Constitution, 1954 Littleton Constitution, 1960 Independence Constitution, 1963 Republican Constitution, 1979 Obasanjo Constitution, 1989 unused IBB Constitution and the 1999 Abdulsalami Abubakar Constitution (Decree No 24), which has already been serially amended, and is still currently undergoing further amendments.

I am sad indeed. I am surely sad that Nigeria is still practicing, at best, “feeding - bottle – democracy”, or “come - andchop – democracy”. I am quite sad that of Nigeria 's pluralistic 374 ethnic groups in Nigeria (Onigu Otite), only 3 to 4 are given primacy and preferential treatment – the Fulanis, Hausas, Yorubas and Igbos, in that order. We operate in Nigeria as if the other 370 ethnic groups count for nothing, or as if they were created by God in Nigeria, to be mere clappers, playground spectators, bystanders, hewers of wood and drawers of water.

I cannot join Nigeria and Nigerians in celebrating our 60th year anniversary of our mere “flag independence”, that has made us remain as nothing but an ordinary appendage of neo-colonial interests. I am indeed, sad because our successive leaders have woefully failed the nation, the present generation and future generations. I am indeed, sad that we live by the river, yet wash our hands with sputum. I am sad that we are blessed with the best natural, human and material resources, yet, we live in crass poverty, abject penury, ignorance and ignoble despondency. I am quite sad that we grow geometrically in population, yet, arithmetically in growth and development. Nigeria, by available UN data, at mid-2020, ranks number 7 (2.64 %) in the list of most populated countries of the world, with a population of about 206,139,589 people. I am sad indeed, that we only operate civilian governments, but never democratic governments.

I am sad that we only practice elections, but not democracy.

Elections are carried out routinely, as a mere ritual EVERY four years. (To be continued) THOUGHT FOR THE WEEK “Bad leaders believe that they have to project control at all times”. (Simon Sinek)

Of Rape, Rapists and False Rape Peddlers (Part 5) Introduction All through the passage of time women have always been perceived as the weaker vessel, and so have been subjugated and oppressed by culture in most African societies, including Nigeria. Today, we shall conclude our five-part treatise on this vexed issue of rape that has become a rampaging monster in our societies.

How to Curb the Scourge of Rape in Nigeria Parents should strictly monitor their children and be mindful of those in whose care they are left, be it friends, relatives, or guardians; Parents should have regular open discussions with their children, and also create room for their children to freely express themselves, as no child will want to discuss with stone-walling parents.

The current laws governing rape are antiquated, and were mostly copied from the Common Law. There is the urgent need to embrace international best practices, which include creating room for rape of the male gender. Medical forensic evidence must be encouraged, once a victim reports at a hospital or Police station. Forensic examination resources and personnel such as rape kits, voice analysis, facial recognition systems, handwriting analysis and fingerprints impression should be made readily available, and immediate response be given to individual cases as rape is a very sensitive matter that should be given urgent attention. Traces of DNA from blood, hair, skin, saliva, semen, teeth bite, scratches, bruises, must be quickly obtained to aid corroborative evidence.

Procedural tests should be carried out, to diagnose infections that may have been contracted during rape; the length of trial of rape cases should be abridged to enable victims to be able to recount the assault experience with very slight or no variation, while giving evidence.

To reduce social stigma, victims of rape should be accorded secrecy through giving recorded evidence, or taking evidence whilst being screened away from open court.

Conclusion Rape has become a scourge, a pandemic and an embarrassment

to Nigeria. It is a constant and prevailing problem in our country and we can no longer continue to turn deaf ears to its evils. It is in our best interest as Nigerians, to see that rape is comprehensively defeated in Nigeria.

Rape is like corrosive cancer. It has no respect for age, sex or race. It starts from a spot, and then gradually spreads to the entire body system. While spreading, it steals a victor's pleasurable desires, purposeful drive and prospective dreams, and in many cases, life. It causes one to start questioning their beliefs, and reasons for existence.

Rape is highly condemnable, it is an unjustifiable act in our society and it is, finally, time that we rise as a nation to condemn and eradicate this despicable act. The fight against rape, cannot be left only for the government to curb alone.

For it is better to avoid a problem, than to look for a solution.

Everyone should be enlightened about the evils of rape, as everyone has a relative that is a child. Legislative reform, is one of the mechanisms available to respond to problems arising from the ills of rape in our society. The rich provisions

“WE NEED TO START TEACHING CONSENT AND SEX EDUCATION, RIGHT FROM NURSERY AND PRIMARY SCHOOLS. BOYS NEED TO BE TAUGHT THAT, THEY ARE NOT ENTITLED TO ANYONE'S BODY OR THING.....”

of the fundamental human rights as enshrined in chapter 4 of the 1999 Constitution, promise a beautiful future for women/ girls, but only if the government fulfils its obligations. In the light of the current realities, NASS should redeem its image and show its commitment, by passing a bill on violence against the girl-child, with maximum punishment.

To end rape, the society itself must also shatter the rape culture that it has developed overtime. We need to start teaching consent and sex education, right from Nursery and Primary schools. Boys need to be taught that, they are not entitled to anyone's body or thing; that before you can have sexual relations with a lady, you need her to permit you to. Men need to be taught that women do not exist merely as objects of gratification of their libidinous excesses; that you do not (own any woman), not even your wife. We all need to understand that being in a relationship with a girl, does not automatically give you the right over her body; that spending money on a girl does not entitle us to force sex with her. We must appreciate that the fact that a girl has turned you on sexually, does not mean that she wants sex with you; and that consent can be withdrawn midway through sex. We need to understand that “no” means “no”, and does not mean “convince me”. The girl child must be taught proper dressing that does not expose her body; not to unduly seduce men; and to keep away from strangers or family members of questionable character.

We also need law reforms to recognise spousal rape and post-penetration rape, in our legal system. Rape must be made wholly unattractive - by activating the full weight of the law on violators through adequate punishment. False rape accusers, must be diligently prosecuted. In the end, whether we like it or not, we are all stakeholders, involved in the war against the rape scourge. (Concluded).

THOUGHT FOR THE WEEK “Blaming the victim is an act of refuge and self-deception.

It allows the blamer to sit in judgement, imagining some mystical justice that means bad things happen only to bad people, thus, ensuring their own safety.” (Una)

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n Monday, September 21st, 2020, the Lagos State Judiciary commenced its 2020/2021 legal year. Activities to mark the new legal year, commenced with Mosque and Church Services. Here are some of the personalities who attended the Services.....

L - R Hon. Justice Ayisat Opesanwo, Hon. Justice Taofeekat Oyekan Abdullahi, the Chief Imam of Lagos State, His Eminence Sheikh ( Engr ) Sulaimon Abu-Nollah and the Chief Judge of Lagos State, Hon. Justice Kazeem Alogba at the special service held at Central Mosque Lagos to herald the New Legal Year 2020/2021 of the Lagos State Judiciary

L-R: Member of the Clergy, Hon. Justices Adenike Coker, Jide Candide-Johnso, Onyeabo (Hon Admin J Ikeja) who represented the Chief Judge of Lagos, Very Reverend Olumakaiye, Dr Mrs Ibijoke SanwoOlu, Hon Justices Ipaye and Kasali, and Solicitor-General, Ms. Titi Shitta-Bey

The Chief Judge of Lagos, Hon. Justice Kazeem Alogba surrounded by the Lagos State High Court Judges

Hon Justice Alogba with Oyekan-Abdullahi J to his right and Onyeabo J to his left, surrounded by Lagos Sate Magistrates

L-R: DPP, Lagos State, Mrs. Olayinka Adeyemi, OďŹƒcial of Ministry of Justice, Hon. Justices OyekanAbdullahi, Alogba and Onyeabo, Mrs Mojisola Sodipo and Iyabo Oshodi

Chief Judge of Lagos State, Hon. Justice Kazeem Alogba, inspecting the guard of honour mounted by the Nigeria Police

L-R: Mrs Olayinka Adeyemi, Hon Justice Alogba, the Chief Imam and other Judges

Female Lagos State High Court Judges

L-R: Kayode Sofola, SAN, Senior Advocate of Nigeria, Hon. Justice Oyekan-Abdullahi, CJ Kazeem Alogba, Immediate past A-G of Lagos, Adeniji Kazeem, SAN and Sina Sofola, SAN

Dr Mrs Ibijoke Sanwo-Olu (left) and a Cross-section of Judges during the service at the Cathedral Church of Christ, Marina, Lagos

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Constitution Review Must The Constitution is the heart and soul of any nation, and it is what binds the people together. Legal pundits and Nigeria’s Apex Court have driven home this point in the past few decades, with particular reface to the present Constitution which came into effect in 1999. One of the criticisms of the 1999 Constitution, is that it was foisted on Nigerians by the Military. However, that alone is not the Constitution’s only defect, as in the past two decades, there have been several efforts by National Conferences and the Nigerian Legislature to review and amend the Constitution, to properly reflect the nation’s diversity and complexities. Have these attempts yielded any tangible results, or cured the palpable defects in the Constitution? It doesn’t seem so. Dele Adesina, SAN and Sebastine Hon, SAN give a comprehensive analysis of how Nigerians can give themselves a new and workable Constitution, in this Discourse

The 1999 Constitution of Nigeria: From Hypothesis to Reality Dele Adesina, SAN Background he Senate of the Federal Republic of Nigeria has set up a 56 Member Constitution Reviewing Committee under the leadership of the Deputy Senate President, Senator Ovie Omo-Agege, with a view to embarking on yet another round of amendments of the Constitution of the Federal Republic of Nigeria 1999 (as amended). The areas of focus according to publication on this subject-matter include, but are not limited to, devolution of powers, State creation, the Nigerian Police and Nigerian Security Architecture, judicial reform, electoral reform, local government structure, public revenue, federal structure and fiscal federalism, revenue allocation, the socio-economic and cultural rights, immunity, indigene-ship and the National Assembly. The Committee has therefore, called for memoranda and/or proposals for further alteration of the Constitution from the civil society organisations, professional bodies, executive and judicial bodies, and the general public.

According to the Deputy Senate President, the process shall not only be all inclusive, but the Committee will guarantee full participation of Nigerians. The Report of the Constitution Reviewing Committee according to the publication, is expected to be presented to the Senate at a plenary session in the first quarter of 2021.

The Committee was inaugurated in February 12, 2020 by the President of the Senate, Senator Ahmad Lawan. As at the time of writing this essay, it has been reported that the Committee has not only received 68 memos on the proposed amendment, but also, that due to sustained pressure to extend the closing date of submission of memorandum, the Committee has extended the closing date for submission of memoranda to September 18, 2020.

Let me highlight two issues arising from the publications, immediately. First, the clamour for extension of the closing date for submission of memorandum in spite of the huge number that have already been submitted, is indicative of the enormous interest that the exercise will generate among Nigerians. Secondly, the expansive areas in focus as enumerated by the Committee, suggest that the amendment is going to be far-reaching and will touch several sections of the Constitution. The purpose of this write up is to commend the initiative of the Senate, for finding it worthy to carry out what promises to be a sweeping re-examination, re-assessment and re-consideration of the 1999 Constitution.

However, this is a restrained commendation, in view of the observations, suggestions and

T

President Muhammadu Buhari

recommendations I intend to make in this paper for the consideration of the Constitution Reviewing Committee, the Senate, and indeed, the general public.

1999 Constitution: ‘A Fraud’ First, it is to be recalled that we have successfully

“THE QUESTION IS WHETHER DECREE NO. 24 OF 1999 CAN TAKE THE PLACE OF A REFERENDUM BY THE PEOPLE IN THE MAKING OF A PEOPLE’S CONSTITUTION, RECOGNISING THAT THE ULTIMATE SOVEREIGNTY LIES WITH THE PEOPLE?”

carried out four Amendments through 1st, 2nd, 3rd and 4th Alteration exercises. Several sections of the Constitution were altered in the course of the four exercises, all these within approximately a period of 21 years of the existence and operation of the Constitution. The question is, if we find it desirable to embark on another exercise as profound and expansive as the one being contemplated here, whether it is not far better and more desirable to think about a holistic replacement of the 1999 Constitution?

Second, I noted with satisfaction that some of the issues scheduled to be considered in the review exercise constitute fundamental and existential issues for Nigeria as a safe and secure nation, as a Federation, and lastly as a successful Constitutional Democracy. I am referring here to such items as devolution of powers, Federal Structure and true Federalism, the Nigeria Police and Nigerian Security Architecture, comprehensive Judicial Reform, Local Government autonomy and the National Assembly itself. Once these foundational issues are going to form the cornerstone of this review which has been promised to be all-inclusive and fully participatory, the question is whether it is not better and preferable to garner the thoughts, feelings, visions and aspirations of the people, with the goal of embarking on the process of making a new Constitution for Nigeria?

Third, in the words of the Supreme Court: “the Constitution is the heart and soul of the people. That explains why the Constitution commences (with the word) ‘We the people...’ all provisions in the Constitution were put in by the accredited representatives of the people.”

(See Ugba v Suswam (2014) All FWLR [Pt. 748] page 825 at 863).

Disagreeing with the second part of the above quotation, my Learned Brother Silk and Constitutional Law expert, S.T. Hon, SAN, had this to say in his book titled ‘Constitutional Law and Migration Law’: “there is no doubt that the 1999 Constitution was enacted by the military. That the Apex Court merely imputed this exercise to the Nigerian people”.

Many Nigerians including erudite Constitutional Law Lawyers have expressed serious reservation about the process leading to the making of the 1999 Constitution, and the resultant lack of popular acceptability occasioned by the process of its making. For instance, Chief Rotimi Williams, SAN, a foremost Constitutional Law Lawyer described the 1999 Constitution as a “document that tells lie against itself.” Professor Itse Sagay, SAN, categorically described the Constitution as a “fraud.” The erudite Constitutional Law Lawyer and a foremost Professor of Law, Professor Ben Nwabueze, SAN, described the Constitution as an “illogicality”. That the 1999 Constitution is a “Unitary Constitution for a Federal System of Government.”

The Constitution was described as a fraud and a document that lies against itself at a Seminar on the new Constitution organised by the Nigerian Bar Association, Ikeja Branch, on the 18th of June, 1999, because the Constitution purportedly stated in its opening recital that “We the people of the Federal Republic of Nigeria having firmly and solemnly resolved... do hereby make, enact and give to ourselves the following Constitution.” Since the enactment of the 1999 Constitution, the question has been asked repeatedly, where and when did that resolution take place? How did the people of the Federal Republic of Nigeria arrive at that firm and solid resolution purportedly expressed in the recital to the 1999 Constitution? It must be recalled that the 1999 Constitution of the Federal Republic of Nigeria was midwifed by the then Military Government of General Abdulsalam Abubakar, GCFR, pursuant to the promulgation of the Constitution of the Federal Republic of Nigeria Decree No. 24 of 1999. The question is whether Decree No. 24 of 1999 can take the place of a referendum by the people in the making of a people’s Constitution, recognising that the ultimate sovereignty lies with the people?

Fourth, in the case of Attorney-General

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be Holistic and Unfettered of Abia State v Attorney-General of the Federation, the Supreme Court stated the meaning and scope of Federalism in the following words: “Federalism as a legal concept generally connotes an association of States formed for certain common purposes, but the State retains a large measure of their original independence or autonomy. It is the co-ordinate relationship of power between the individual States and the National Government, which is at the centre.

Federalism as a viable concept of organising a pluralistic society such as Nigeria for governance, does not encourage so much concentration of power in the centre which is the Federal Government. In federalism, the component States do not play the role of errand boys.” The point was also made by the Supreme Court in Attorney-General of Lagos State v Attorney- General of the Federation, that each Government in a Federation “exists not as an appendage of another Government, but as an autonomous entity in the sense of being able to exercise its own will in the conduct of its affairs, free from direction from another Government.”

None of these essential characteristics of a true Federalism, can be said to exist in Nigerian in real and practical terms.

I am fully persuaded by the opinion of Professor Ben Nwabueze, SAN, that “one single Constitution for all the governments involved both Federal and State in a Federation, is a manifest contradiction.” For instance, in 1960, we had the Independence Constitution. There were separate Constitutions for both the Federation and the Regions, as separate Schedules to the Independence Order-in-Council. Similarly, the 1963 Republican Constitution made provisions for the establishment of regional Constitutions for the three regions that composed the Federation.

Section 5 (1) thereof stated as follows: “Subject to the provision of this Constitution (Federal Constitution) the Constitution of each region shall have the force of law throughout the region”.

There was also a specific provision in that Constitution which stated that the Executive Authority of a Region (which extended to the execution and maintenance of the Regional Constitution), shall be exercised so as not “to impede or prejudice the exercise of the Executive Authority of the Federation or endanger the continuance of the Federation.” It therefore, follows that in an ideal Federal system, apart from sharing of powers, both the Federal and the Federating units must have their own Constitutions. The question is whether we truly want a Federal or a Unitary System of Government in Nigeria, and whether an elaborate discussion on the desirability or otherwise of this initiative can be undertaken under an amendment process such as the one being contemplated?

Everyone in this nation today, accepts the fact that the nation is faced with a lot of structural and systemic challenges, a good number of which are the products of the inadequacies of the 1999 Constitution. It is no longer news that there has been over-concentration of powers at the centre, to the detriment of the federating units. Indeed, over the years the centre has been grabbing and grabbing powers at the expense of the federating units. The long years of military adventure in governance, has not helped the situation. For the sake of comparison, the 1954 Constitution donated 43 items to the centre in the Exclusive Legislative List, 45 items in the 1960 and 1963 Independence and Republican Constitutions, 66 items in the 1979 Constitution and 68 items to the centre in the 1999 Constitution. The reality of our Constitutional structure and power sharing today is that simple items such as census, labour, trade unions and industrial relations, mines, minerals, natural gas, drugs, evidence, trade and commerce are on the Exclusive Legislative List. Not to talk of the Policing system. This is in addition to 30 items under the Concurrent Legislative List for which both the Federating States and the Federal Government have powers to make laws, subject of course to the supremacy of the Federal Law over the State Law on any such matter where one is inconsistent with the other.

The issue of Nigeria Police and the security

“NO AMENDMENTS, NO MATTER HOW MANY TIMES CAN IN A RETROACTIVE MANNER, CURE THIS FOUNDATIONAL DEFECT IN THE MAKING OF THE 1999 CONSTITUTION. IT REMAINS A MILITARY-DONATED CONSTITUTION”

Former NBA General Secretary, Mr. Dele Adesina, SAN

architecture in particular, is very germane. It is not an over-statement to say that the greatest challenge confronting our nation today and particularly the security and sustenance of our Constitutional democracy, is that of insecurity.

I believe that nobody is left in any doubt that the centralised and monolithic Police structure established by Sections 214 and 215 of the Constitution, can no longer guarantee the security of this nation and its component parts, and this explains why the other security agencies like the Military, the Airforce and the Navy are now directly involved in the maintenance of law and order in different parts of the country.

The Making of a New Constitution The process of making the 1999 Constitution, as stated earlier, falls short of guaranteeing its popular legitimacy and acceptability. No amendments, no matter how many times can in a retroactive manner, cure this foundational defect in the making of the 1999 Constitution.

It remains a military-donated Constitution. A deliberate effort to embark on the making of a new Constitution, will offer an opportunity to Nigerians for popular participation in the Constitution making process of their country.

Scholars of Constitutional Law have argued, and I wholeheartedly agree with their reasoning, that the scope of making a Constitution should not be determined by the rulers or those who govern them. Professor Julius Ihombere, talking about the value of participatory/people driven Constitution making approach had this to say: “political elites and leaders have not come to fully appreciate the importance of a participatory or people driven Constitution making approach to their own survival in office and to the reduction of conflicts and pressures on the State, its institutions and custodians. Aside from using the process to resolve burning national issues, a participatory approach is probably one of the best panaceas to instability, public cynicisms and alienation from government. It is equally the best way to cultivate a culture and tradition of reliance on dialogue and consensus, rather than the resort to violence in the political process”.

The contemporary challenges being faced in the nation today, such as the wide spread insecurity, various sectional loyalty and allegiances instead of loyalty and commitment to the cause of the nation on the basis of nationalism and patriotism, lack of properly focused political system cloaked in ideology and the uncountable number of political parties jostling for power, the agitation for true federalism, both fiscal and structural, make the call for a new Constitution not only worthy of consideration, but I submit, makes it compelling. The Constitution of 1999

falls short in many aspects of what a Federal Constitution should be. It is my humble view that, the time to take the bull by the horn and drive a wholesale replacement of the 1999 Constitution through the instrumentality of an autonomous and independent body, is now.

Such body must emanate from the people. Like I stated earlier, the ultimate sovereignty lies with the people. It is my contention that we have got to a point in Nigeria, when we should subject the nation to the sovereign will of the people by making a people driven Constitution.

The materials for this exercise, abound in Nigeria. These include men and women of good standing in their immediate society who can be elected from their constituencies to constitute a Constitution Drafting Committee, to identify and collate the aggregate will and expressions of the people. The Report of the National Political Reform Conference of 2005 set-up by Chief Olusegun Obasanjo, GCFR, (which I was privileged to be a member), the Report of the Constitutional Conference of 2014 set-up by Dr. Goodluck Jonathan, GCFR, the 1979 and 1985 which heralded the 1999 Constitution midwifed by General Abdulsalam Abubakar, GCFR. The workings of the Constitutional Drafting Committee shall be submitted to a Constituent Assembly, and the final product emanating from the Constituent Assembly shall be submitted for people’s referendum. Through this process, the people take ownership of the Constitution.

I am not unaware of the argument that we cannot have two sovereigns in a nation, in the sense of having a Sovereign National Conference as well as a Sovereign Government and Sovereign National Assembly. Going by the example we have seen in South Africa, I think both can coexist without one impeding or obstructing the workings of the other. Let it be recalled that, the agitation and resistance against the Apartheid System of Government in South Africa, was what led to the setting up of the Convention for Democratic South Africa (CODESA). At the time of formulating a new Constitution by the Convention for Democratic South Africa (CODESA), the Republican Constitution of South Africa 1961 was in place and a democratically elected government led by the National Party was also in place.

History recorded that it was the Convention for Democratic South Africa, that fashioned a new Constitution that ultimately removed discrimination and all forms of apartheid rule in South Africa. It is time for us to recognise that no problem is ever solved, by technically avoiding the problem.

Besides, there has been no mentioning of a Sovereign National Conference at all in my

consideration, advisedly, so as to address the fears of those opposed to a Sovereign National Conference coexisting with a Sovereign Government. It will be a great day for Nigeria, if we can take this giant step to fashion out a new Constitution that will satisfy the yearnings, aspirations and inspirations of all Nigerians, rather than embarking on limitless amendments.

A Constitution that will enjoy a buy-in of all Nigerians. A Constitution that Nigerians can take ownership of, by their participation in the process of its making. Somebody said that, no matter how long you persist on a wrong route, you can never arrive at your desired destination. The time for us to take our destiny in our own hands, is now. With all its noticeable inadequacies, the 1999 Constitution has tried to give us a Constitutional democracy albeit in a limited sense; we can have a full blown democracy and democratisation process run and administered by full democrats with a well-rounded Federal Constitution by its name and provisions.

Professor Julius Ihombere in his paper titled ‘Towards Participatory Mechanisms and Principles of Constitutional Making in Africa’ published in 2000 said: “rather than just seeing the Constitution as a power map focusing exclusively on the question of power (which is what we may achieve by the various Amendments), we must see the Constitution as an instrument for addressing pressing socioeconomic, cultural and economic questions, as well as an embodiment of consensus around constitutionalism”. The Constitution must be seen and regarded as “an expression of the general will of the nation, a reflection of its history, fears, concerns, aspirations, vision and indeed, the soul of the nation. Furthermore, the Constitution is not just an elite affair; rather, it must be seen as a single document under which diverse and ideologically opposed people unite, and rally in defence of democracy.”

Conclusion A new Constitution will translate: “We the people of the Federal Republic of Nigeria having firmly and solemnly resolved... do hereby make, enact and give to ourselves the following Constitution” , from hypothesis into reality. May I conclude by saying that, if we must decisively address the inadequacies, distortions, confusions, fundamental omissions and the inherent contradictions in the 1999 Constitution of the Federal Republic of Nigeria, as amended, if we must establish a true and functional Federation that will guarantee national cohesion through the rule of law – our focus must be to give to ourselves a new Constitution.

This is the truth, no matter how inconvenient.

Dele Adesina, SAN, LL.M, FCI Arb

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Agenda for Constitutional Amendment in Nigeria Sebastine Hon, SAN Prefatory Remarks Since the Constitution of the Federal Republic of Nigeria, 1999, came into force on 29th May, 1999, it has been amended four times. While acknowledging the voices against further amendment thereof, I am totally in support of its amendment; and I have my reasons.

First of all, Nigeria as a country is far from attaining the national and international height, deserving of a country with such huge and seemingly unquantifiable potentials and potentialities. We must keep striving for the best, until we reach there.

Secondly, every country’s Constitution represents the collective aspirations of the peoples of such country. Thus, in Dangana v Usman (2013) 6 NWLR (Pt. 1349) 50 at 93, the Supreme Court of Nigeria held that the Constitution of any country is “the embodiment of what the people of that country’s desire to be their light in governance”. Also, in A-G Kaduna State v Hassan (1985) 2 NWLR (Pt. 8) 483, the Supreme Court held that the Nigerian Constitution is “meant to cater for the uniqueness of Nigeria as a nation”.

This piece will, therefore, take an historical, empirical and judicial incursion into the prevailing constitutional circumstances of Nigeria, from Independence till date. It will also compare the provisions of our Constitution, with relevant provisions of the Constitutions of selected countries – to arrive at some meaningful answers.

Amendments to decentralise powers, if Presidentialism is to be retained My experience of political engineering in Nigeria, is that persons in power vehemently oppose suggestions to the effect that powers centralised in them or the offices they are occupying, should be pruned down. Such people only realise the critical importance of such exercises, only when they leave office and other power holders assume leadership! What a tragedy of political self-immolation! The net is that, Nigeria as a country is worst for it; yet, the trend seems to be unabating. Hoping that out present leaders will act differently, I will hereby discuss, brevi manu, the provisions of other Constitutions, to shed light on decentralisation or devolution of powers.

Section 27(2) of the Constitution of Namibia stipulates that “The executive powers of the Republic of Namibia shall vest in the President and the Cabinet.” The word “and” not only deters an elected President from taking several months to constitute his cabinet, but also ensures inclusive governance, with the effect of watering down absolutism.

Additionally, I suggest a reversal to the provisions of Section 145(1) and (2) of the aborted 1989 Constitution of Nigeria, where the President was placed under constitutional duty to assign executive duties to the VicePresident and the Ministers. Without this provision, Nigerian Presidents are always in the habit of sidelining their Deputies, or only accommodating them if they accept to do unimaginable things for them.

Another provision I would like to be accommodated is Article II, Section 3 of the US Constitution, which mandatorily requires the US President to “from time to time give to the Congress information on the State of the Union.” This sounds symbolic; but it helps to keep the President in check.

Finally, I suggest that Part 2, Chapter 1, Section 70 of the Algerian Constitution, be included in our Constitution. It states that “The President of the Republic, Head of the State, embodies the unity of the nation,” who “is the guarantor of the Constitution”. Similar provisions can be found in Article 49 of the Constitution of Armenia 1995. This will go a long way in dousing claims of ‘ownership’ of any Nigerian President, by ethnic and religious jingoists.

Amendments to Usher in Parliamentarism In spite of the profundity of the above suggestions, however, I cast my dice for parliamentarism. This will drastically reduce centralisation of executive powers, which, under presidentialism has tendency to easily transmute to dictatorship and mindless tyranny.

Parliamentarism engenders open and broader accountability, easier checks and balances, and a reduction in red tapism. It also reduces to appreciable levels, the so- called sanctimonious, but artificially created mysticism surrounding the presidency under the presidential system, which paints even the worst of villains as a saint or an untouchable.

I will conclude by stating that, arguments

Senate President, Ahmed Lawan

that the presidential system flows better with federalism disappears into thin air, when we realise that South Africa is a federation but is effectively running a parliamentary system, under its 1997 Federal Constitution.

Amendments with respect to Fiscal Federalism Part I paragraph 25 each, of the Schedules to the 1960 Independence and the 1963 Republican Constitutions vested exclusive legislative powers in the Federal Government over and concerning “Mines and minerals, including oil fields, oil mining, geological surveys and natural gas.” These provisions completely knocked off regional control of resources, and placed them under the exclusive powers of the central Government.

The Presidential Constitution of 1979, the aborted 1989 Presidential Constitution and the 1999 Constitution as amended, all retained these provisions, clearly, therefore vesting exclusive powers over mineral resources in the Federal Government. This has consequently put control of these resources, firmly in the hands of the central Government.

We shall examine other Federal Constitutions around the world. Article 73 of the German Constitution 1990, which contains the Federal

“.....PERSONS IN POWER VEHEMENTLY OPPOSE SUGGESTIONS TO THE EFFECT THAT POWERS CENTRALISED IN THEM OR THE OFFICES THEY ARE OCCUPYING, SHOULD BE PRUNED DOWN”

Exclusive List, is rather short and says nothing about control of mineral resources. Rather, Article 74(11), which contains the Concurrent List, vests jointly in the Federal and the Regional Governments, power to make laws “relating to economic matters (mining, industry, supply of power, crafts, trades, commerce, banking and stock exchanges, private insurance)”.

In India, which is another Federation, Articles 53 and 54 of the Exclusive List of the Indian Constitution of 1950 as amended in 2003 have listed “oil fields and mineral resources, petroleum and petroleum products; other liquids and substances,” etc and “mines and mineral development” as items to be legislated upon exclusively by the central Government.

Also, Article 22(XII) of the Constitution of Brazil 1988, vests exclusive legislative powers in the Federal Government on “mineral deposits, other mineral resources, and metallurgy.” Similarly, Article 24(0)(I) provides that “It is incumbent upon the Union, the States, and the Federal District to legislate concurrently on: tax, financial, penitentiary, economic and city planning law.”

Even then, Section 24(1) provides that “Within the scope of concurrent legislation, the jurisdiction of the Republic [i.e. the Federal Government] is limited to establishing general rules.” Article 25(2) provides that the States “shall have the power to operate, directly or by any means of concession, the local services of piped gas, as provided for by law, it being forbidden to issue any provisional measure for its regulation.” Of grave importance too, are the provisions of TITLE VI (Articles 145-162), which have made elaborate provisions relating to taxation by the Federal, State and Municipal Governments, thereby putting a constitutional seal against issues like illegal or multiple taxation. Of equal importance, is the elevation to constitutional status, of agriculture and agrarian reforms, in TITLE VII, Chapter III, thereby putting agricultural policies beyond the whims and caprices of successive regimes! This is most commendable! I quickly recommend this for Nigeria.

The Federal Constitutions of Australia (1990), South Africa (1997) and Russia (1993), are rather silent on “resource control.” In constitutional jurisprudence, generally, the States/Regions of these countries and their central Governments, are having coterminous powers over the natural resources of the said countries.

On the other hand, the US Constitution, vide Article 8(1) thereof, has provided that “The Congress shall have power to lay and collect taxes, duties, imports and excises, to pay the debts and provide for the common defence and general welfare of the United States; but all duties, imports and excises, shall be uniform throughout the United States”. Also, the 16th Amendment which came into force in 1913 provides thus: “The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.”

On the other hand, Article 10(2) of the same

Constitution limits the fiscal powers of the States as follows: (2) No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws: and the net Produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.

From the above, none of the countries operating a federal Constitution has permitted total fiscal autonomy to the federating units, as has been consistently canvassed in Nigeria.

In Nigeria, one of the major provisions on fiscal federalism is Section 162 of the 1999 Constitution as amended. In A-G Federation v A-G Abia & Ors (2002) 4 SCNJ 1, it was argued by the eight littoral States of the Nigerian southern coastline, that the Federal Government (FG) had ceded the ownership of Nigeria’s offshore to them, by virtue of the Allocation of Revenue (Federation Account, etc) (Amendment) Decree No. 106 of 1992.

The littoral States had argued that this Decree abolished the onshore/offshore dichotomy, on the sharing of oil and non-oil revenues. The issue of 13% derivation and its applicability to “natural” and “mineral” resources, was also raised. The Supreme Court, in a landmark judgement, held inter alia as follows: r 5IFSF XBT OP UJNF UIF '( IBE DFEFE the area beyond the low-water mark to the littoral States as contended; hence the seaward boundary of each littoral State, for the purpose of calculating the amount of revenue accruing to the Federation Account, is the low-water mark of the surface thereof, or as in the case of Cross River State which has no archipelago of islands, the seaward limits of the inland waters of that State. t 5IF QISBTF iNJOFSBM SFTPVSDFTw JO Section 162(2) of the Constitution excludes or does not contemplate “natural resources” – as argued by the Northern or Middle-Belt States that had filed counter-claims. t 5IF '$5 "CVKB JT OFJUIFS B 4UBUF nor a Local Government, hence cannot enjoy derivation under Section 162(3) of the Constitution. t 4FDUJPO E JW PG UIF "MMPDBUJPO of Revenue Act, Cap. 16, LFN, 1990, in so far as it stipulated derivation of 1% instead of “not less than 13%”, was null and void.

Following the above judgement, the Olusegun Obasanjo-led Government qua the National Assembly, bowed to pressure from Niger Delta agitators and enacted the Revenue Allocation (Abolition of Dichotomy in the Application of the Principle of Derivation) Act 2004. Section 1(1) of this Act provides thus: 1.-(1) As from the commencement of this Act, two hundred metre water depth isobaths contiguous to a State of the Federation, shall be deemed to be part of that State for the purposes of computing the revenue accruing to the Federation from the State pursuant to the provisions of the Constitution of the Federal Republic of Nigeria, 1999 or any other enactment.

In A-G Cross River v A-G Federation (2012) All FWLR (Pt. 646) 408 S.C., the question was whether Cross River had ceased to be a littoral State by virtue of the judgement of the International Court of Justice (ICJ), which had yanked off the Bakassi Peninsula from Nigeria, and had ceded same to Cameroon.

Central for consideration was Section 1(1) of the new Revenue Allocation Act, 2004, quoted above. The Apex Court agreed that by virtue of the ICJ judgement, Cross River State was no more a littoral State, hence the revenue from the oil wells which hitherto was accruing to it, now accrued to Akwa Ibom State.

It must be noted that, the word “deemed” was used in Section 1(1) of the 2004 Act, quoted above. If the legal interpretation of that word is to be applied [for which see Savannah Bank Ltd. v Ajilo (1989) 1 NWLR (Pt. 97) 305 at 325 SC], then the several decisions reached by the Supreme Court on revenue accruing from littoral States, would not have been so reached. One of such decisions was the case of A-G Adamawa v A-G Federation (2006) All FWLR (Pt. 299) 1450 S.C. In this case, the Plaintiffs, invoking the original jurisdiction of the Apex Court, argued that Section 1(1) of the 2004 Act had unconstitutionally extended the seaward boundaries of the littoral States, in contravention of Section 8 of the 1999 cont'd on page 11

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29.09.2020

AGENDA FOR CONSTITUTIONAL AMENDMENT IN NIGERIA cont'd from page 10

Constitution. Uwais, CJN, who delivered the lead judgement of the Court, held rather proactively, with due respect, as follows: “This, with respect, is not a correct interpretation of the provisions of the Act, because the Act speciďŹ cally states that the extension is only to be deemed, in other words, it is not real but notional, and it is speciďŹ cally intended for the purpose of computing the revenue which accrues to the Federation Account from the littoral Statesâ€?.

What a public policy judicial opinion! If it was only “notional�, why then enforce it? The Supreme Court was later to admit in A-G Rivers State v A-G Akwa Ibom State (2011) All FWLR (Pt. 579) 1023 at 1081 that the agitations in the Niger Delta following the 2002 ‘resource control’ decision of the Supreme Court in A-G Federation v A-G Abia, supra, constituted the sole factor that made the National Assembly to promulgate the 2004 Act! As it stands now, therefore, all the three arms of the Federal Government of Nigeria have over time, consistently exhibited resolve to quench violent agitations from the Niger Delta Region especially over ‘resource control’ or fiscal federalism, as indicated in this piece. I will briefly further adumbrate on this, as follows: r $IBQUFS 9** PG UIF 3FQVCMJDBO Constitution had established the “Niger Delta Development Board�, which under Section 159(4) of that Constitution was to be “responsible for advising the Government of the Federation and the Governments of Eastern Nigeria and Mid-Western Nigeria, with respect to the physical development of the Niger Delta�. This Board was to last until 1st July, 1969. r *O UIF DPVSTF PG UJNF TFWFSBM DSJUJDBM 4UBUFT were created for the Niger Delta Region – Akwa Ibom, Bayelsa State and Delta. Abia and Imo States have also joined in the enjoyment of 13% derivation, and have also been deriving benefits from developmental bodies like the Niger Delta Development Commission (NDDC). r 5IF *CSBIJN #BCBOHJEB MFE BENJOJTUSBtion established the Oil Minerals Producing Development Commission (OMPADEC), to cater for the special needs of the Niger Delta.

Today, the NDDC is statutorily established and is undertaking similar, if not graver assignments. r 5IF $POTUJUVUJPO BT TIPXO BCPWF established the revenue formula whereby Niger Delta and some Eastern Nigeria States take 13% of all oil revenues. As shown above, attempt by some Northern and Middle-Belt States to equate “mineral resources� with “natural resources� so as to benefit from this constitutional largesse, was rebuffed by the Supreme Court. r 5IF 'FEFSBM (PWFSONFOU BT BENJUUFE CZ the Supreme Court, bowed to pressure from the Niger Delta to enact Section 1(1) of the 2004 Revenue Act, which for all intents and purposes, is in conflict with Treaties entered into by Nigeria – like the Geneva Convention on the Territorial Sea and the Contiguous Zone, 1958; the Geneva Convention on the High Seas, 1958 and the UN Convention on the Law of the Sea, 1982. This is a grave national sacrifice!

Since the North-Eastern Development Commission has been similarly created (as the NDDC in the South-South), to address the humanitarian and economic challenges which arose from Boko Haram activities, a similar Commission be established for the Middle Belt and other Northern Nigeria minority tribes – to sooth their grave injuries suffered from herdsmen attacks and activities of bandits.

Amendments to Strengthen Regional and Municipal Autonomy Many countries have granted regional and municipal semi-autonomy to their components thereof, even though some of the countries are not running federal Constitutions.

Section 25(0) of the Federal Constitution of Brazil, 1988, permits the States to be “organised and governed by the Constitutions and laws which they may adopt, with due regard for the principles of this Constitution�, while Section 30 of the Constitution grants “Municipal Self Government�. See also, Section 116 of the Australian Constitution of 1900; Part IXA (sections 243P-243ZG) of the Indian Constitution; Sections 104-105 of the Armenian Constitution of 1995; Section 142 of the Constitution of Azerbaijan 1995; Chapter III of the Constitution of Bangladesh, 2004; Section 28A of the Constitution of Ireland, 1937; Section 141(3) of the Constitution of Afghanistan 2004 and Article 108(3) and (4) of the Constitution of Albania 1998. Indeed,

“......NONE OF THE COUNTRIES OPERATING A FEDERAL CONSTITUTION HAS PERMITTED TOTAL FISCAL AUTONOMY TO THE FEDERATING UNITS, AS HAS BEEN CONSISTENTLY CANVASSED IN NIGERIA�

Chief Sebastine Hon, SAN

Article 111(2) of the Albanian Constitution provides inter alia that: “The units of local government have an independent budget.�

In a similar fashion, Section 153 of the Constitution of South Africa 1997, which is also a Federal Constitution, has mandated each local government council to “structure and manage its administration, and budgeting and planning process to give priority to the basic needs of the community, and to promote the social and economic development of the community.�

Also, Section 154(1) compulsorily requires both the national and regional governments “by legislative and other measures�, to “support and strengthen the capacity of municipalities to manage their own affairs, to execute their powers and to perform their functions.� That Constitution has no similar provision as 162(6) of the 1999 Constitution of Nigeria, which has established a Joint State/Local Government Account.

Other Constitutions that have either granted semi self-government to the municipalities or have provided that the administration of this level of government shall be strictly as stipulated by law are: the Irish Constitution of 1937 – Section 28A thereof; the Constitution of Cameroon – Section 55(2) thereof; the Constitution of Croatia, 1990, as amended in 2000 and 2001 – Section 132 thereof; the Constitution of Belgium, 1970 – Section 39 thereof, etc.

In 2005, the National Assembly, apparently seeking to sidetrack Section 162(6) of the Constitution, enacted the Monitoring of Revenue Allocation to Local Governments Act, 2005.

The Supreme Court wasted no time, in A-G Abia State v A-G Federation (2006) All FWLR (Pt. 338) 604 S.C., to strike it down as being unconstitutional. I hereby strongly suggest that Section 162(6) of the Constitution be deleted, to pave way for a complete autonomy of Local Government Councils, as is obtainable in South Africa – another Federation.

Similarly, the Apex Court, in the consolidated suits of A-G Ogun State v A-G Federation (2003) FWLR (Pt. 143) 206 S.C., had held that by virtue of Section 162(5), (6) and (8) of the Constitution, the Federal Government had no power to pay directly any amount standing to the credit of the Local Government Councils to such Councils. This decision, too, would have been otherwise, but for the named provisions of the Constitution. An amendment to remove or modify the said provisions is hereby suggested.

The Constitution of Namibia, 1990, in Section 111, has vested control of local councils in the National Legislature of that country. If this provision were in place in Nigeria, the Supreme Court would not have reached the decision it reached in A-G Abia State v A-G Federation (supra) and A-G Ogun State v A-G Federation (supra).

My suggestion, therefore, is an amendment of relevant provisions of the 1999 Constitution to either straightaway remove the Local Governments under the grip of the State Governments, or to place them under the National Assembly.

The grassroots of Nigeria will fare much better if either of these is effected.

Amendments to usher in Reforms in the

Judiciary We must first learn from history, and then try to make amends. The Code of Conduct Tribunal is currently not under the National Judicial Commission (NJC), yet it has power to try criminal offences, and even to levy punishment.

Since it performs those functions, it ought to be under the NJC, which superintends the Judicial arm of government. The removal of the then Chief Justice of Nigeria, Hon. Justice Walter Onnoghen, owing to the actions of this Tribunal, is still green in our national psyche.

It was Justice Onnoghen yesterday; it could be another person another day – but it is the country that pays the price.

Secondly, I will suggest that retired Judges and Justices who are still strong and who have a clean track record, be appointed to sit and determine election petitions. This is by no means castigating our Judiciary; but my suggestion is intended to bring back the lost glory of the Judiciary. I have backing in Section 127 of the Constitution of India, 1950, which has permitted the appointment of ad hoc Judges, who may have retired from the Bench.

Thirdly, I suggest that Section 285 of the Constitution be further amended to allow for the determination of election petitions within staggered timelines, as follows: 240 days for the Presidential election petition; 200 days for Governorship election petitions; 180 days for National Assembly election petitions and 150 days for State Assembly election petitions. The sizes of these constituencies vary; hence it is simply illogical to provide that, all election petitions must be determined within 180 days.

Grave injustice is visited on litigants, especially petitioners, who have genuine grievances to ventilate before the Election Tribunals.

Finally, several provisions of the Constitution should be amended to ensure that the capital expenditure of State High Courts, Sharia Courts of Appeal and Customary Courts of Appeal are handled by the NJC. Since there is no such express provision, the NJC shirks from its responsibility and allows State Governors to call the shots. Most such courts are not only grossly underfunded as a result; this untidy constitutional arrangement has made State High Court Judges almost appendages of State Governors, with grave consequences on the rule of law and due process. This must be urgently addressed.

Amendments to Ensure Restructuring of OfďŹ ce of Attorney-General and Minister of Justice As things stand today, it is probably only Nigeria that is still combining the office of Attorney-General and Minister/Commissioner of Justice, thereby making the holder of that office both a general Ombudsman and a politician. This is not good for the smooth working of the system, and should be stopped via constitutional amendment.

See Section 76 of the Constitution of India 1950; Section 64 of the Constitution of Bangladesh 2004; Section 30 of the Constitution of Ireland 1937; Section 134 of the Constitution of Afghanistan 2004; and the Constitution of Argentina 1853, etc, have all established/ recognised ‘A-G’ without the addition ‘Minister of Justice’. And of course, we know that the

US also has ‘A-G’ simpliciter. These are all random examples – meant to show that Nigeria is lagging far behind in this regard, hence the need for an amendment to reflect the general trend.

But if we insist on retaining the status quo, I will suggest creation of the office of The Ombudsman - as in Section 86 of the Argentine Constitution, Section 77 of the Constitution of Bangladesh and Section 89 of the Constitution of Namibia; or the office of The Public Protector – as in Section 182 of the Constitution of South Africa 1997; or the office of The Public Defender – as in Article 134 of the Constitution of Brazil, etc.

Amendments to Accommodate State Police In the US, the Texas Rangers, founded in 1823

by Stephen F. Austin to protect the settlers from attacks by the indigenous Indians, remains the earliest form of State policing in the USA. To cut a long story short, however, modern day State policing in that country is traceable to May 2, 1905, when the State of Pennsylvania established by law the first organised State Police in the USA. For lack of space, I will have to say that Nigeria is also VERY RIPE for State Police; and all relevant portions of the Constitution and Federal laws should be amended to accommodate this.

Amendments to Allow Referendums and Plebiscites Making provisions for the convocation of referendums or plebiscites is one other sure way of restructuring our Constitution, with a view to guaranteeing public peace and accountability in public affairs. Examples from other countries will suffice here.

Article 49(XV) of the Constitution of Brazil allows federal legislation which would “authorise a referendum and to call a plebiscite� in deserving circumstances. Articles 150-152 of the Constitution of Albania also allow referendum in deserving circumstances. Section 47 of the Constitution of Ireland provides that, even that Constitution can be amended through a referendum. Ditto Armenia – by virtue of Chapter 8 of the Constitution of Armenia, 1995.

Miscellaneous Suggestions I hereby make the following additional suggestions: r 1SPWJTJPOT CF NBEF GPS TPDJBM TFDVSJUZ m BT in Chapter II of the Constitution of Brazil. r 1SPWJTJPOT CF BMTP NBEF GPS DIJMESFO T SJHIUT – as in Section 15 of the Namibian Constitution, including a constitutional prohibition against children being employed as factory workers – as in Section 24 of the Indian Constitution. r 1SPWJTJPOT CF NBEF GPS UIF QSPUFDUJPO PG minority tribes in Nigeria – as in Sections 29 and 30 of the Indian Constitution. r 4PNF PG UIF DSJUJDBM QSPWJTJPOT PG $IBQUFS ** of the Constitution should be made justiciable.

In Ireland, Chapter XIII of its Constitution, dealing with “Directive Principles of Social Policy,� the equivalent of Chapter II of the Nigerian Constitution, is made justiciable. By this, Government will not only feel, but will also be held to be more accountable by the citizenry.

Chief Sebastine Hon, SAN, FCIArb, Constitutional Lawyer and Author

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29.09.2020

Casebook on Human Rights Litigation in Nigeria Book Review Title:

Casebook on Human Rights Litigation in Nigeria With Landmark Cases from Other Jurisdictions

Author:

Frank Agbedo

Publisher:

University of Lagos Press & Bookshop Limited, 2020

Hardcover:

ISBN: 978-978-57071

Number of Pages: 1090

T

he Covid pandemic has changed the way we practice, and many Lawyers despite the ease in COVID-19 lock down, still work remotely. Working remotely, comes with some advantages and disadvantages. One of the disadvantages for litigation Lawyers working from home, is not being able to access all resources needed in the course of preparing for a case, because most of the physical materials are kept in the office library.

As human rights violations in Nigeria surge, it has consequently led to an increase in Human right cases on the Courts’ cause list. The timing of the book is perfect, and it is exciting the legal community for one particular reason. Most Human Rights matters are filed in a hurry, and most times, Lawyers may not have the time to go through many resources required.

Focus The book, “CASEBOOK ON HUMAN RIGHTS LITIGATION IN NIGERIA With Landmark Cases from Other Jurisdictions”, provides almost 100% of what a Lawyer needs, to prepare a human rights suit from his sitting room. That has really made life easy for Lawyers

in litigation who are most times forced to take a lot of books and law reports home, just to prepare one case.

The new book focuses on a compilation of leading cases, on all the salient legal principles and issues affecting fundamental rights enforcement in Nigeria. The book is written by Frank Agbedo and published by the University of Lagos Press & Bookshop Ltd, University of Lagos, Akoka, Lagos. The Foreword is written by U.A. Ogakwu J.C.A., Justice, Court of Appeal, Lagos Division. It has 10 chapters and 1090 pages.

Highlights The book features a gamut of leading cases on fundamental issues and principles on enforcement of fundamental rights of citizens under our laws etc and has 10 chapters, namely: 1. The meaning, definition and classification of fundamental rights.

2. Limitations to enforcement of fundamental rights.

3. Commencement of Action for enforcement of fundamental rights. 3( i) Who may sue for enforcement of fundamental rights.

3(ii) Whether the Constitutional right to life

of a deceased can be enforced by his/her dependents. 3(iii) Whether an Application can be filed by more than one person for the enforcement of fundamental rights.

4. The liability of a Public Officer who allows himself to be used by a citizen to commit illegality such as debt recovery or settlement of civil claims.

5. Whether every citizen is duty bound to report the commission of an offence to the Police, and the corresponding duty of the Police to investigate it.

6. Whether both the High Court and Federal High Court have concurrent jurisdiction to entertain and determine Fundamental Rights Applications.

7. Condition Precedent to the exercise of the courts’ jurisdiction in an action for enforcement of fundamental rights.

PHOTO NEWS

Mr O.C.J. Okocha, SAN, Chairman, Body of Benchers, former President, NBA at the 2020 Call to Bar Ceremony

Cross-Section of New Wigs

8. The right of an Applicant to Compensation and Damages in an action for the infringement of his fundamental rights.

9. Whether the Socio-economic rights provided in Chapter II of the 1999 Constitution of the Federal Republic of Nigeria (as amended) are totally non-justiciable in Nigerian Courts.

10. Landmark cases from other jurisdictions.

Conclusion This book is a must have for every serious minded Lawyer and jurist, in search of good authorities on human rights Litigation. It is now avail for sale at Frank Agbedo & Co., 5th floor, Nipost building, Obalende, Lagos; Nigerian Law Publications Ltd Offices nationwide, and other Law bookshops.

Anthony Atata, Publisher, Courtroom Mail

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CSR-IN-ACTION

L-R: Provost, College of Medicine, University of Ibadan, Prof. Olayinka Omigbodun; Group Chief Executive, FCMB Group Plc, Mr. Ladi Balogun; Founder, Otunba Subomi Balogun; Vice-Chancellor, University of Ibadan, Prof. Idowu Olayinka, and Chief Medical Director, University College Hospital (UCH) Ibadan, Prof. Jesse Otegbayo, during the signing of a Memorandum of Understanding and official handover ceremony of the Otunba Tunwase National Pediatrics Centre, Ijebu Ode in Ogun State (solely financed and constructed by Otunba Balogun) to the University of Ibadan and UCH for Administration and Management, held in Lagos‌recently

W’Bank: 80% of Electricity Subsidy Benefits Wealthy Nigerians Stories by Chineme Okafor in Abuja The World Bank has disclosed that about 80 per cent of subsidy the federal government provides in the electricity sector benefits mostly the country’s wealthy citizens with only two per cent of such getting to the poorest population.

The bank also stated that since 2017, the government has borrowed about N1.3 trillion from the Central Bank of Nigeria (CBN) to sustain the subsidy payment in the form of covering tariff shortfalls.

It disclosed this in a program appraisal document on a proposed credit worth $750 million which it intends to extend to Nigeria under the Power Sector Recovery Programme (PSRP) jointly developed to revamp the country’s power sector.

In the document obtained by THISDAY, the bank explained

ENERGY that the country cannot continue to fund electricity tariff shortfalls which is rising annually and would have to allow for a cost-reflective tariff in the sector.

The Bank stated: “The significant fiscal resources spent on funding tariff shortfalls disproportionately benefit the (relatively) rich Nigerians.�

It noted that the power sector’s revenue shortfalls have been on the rise and could reach N4.3 trillion by 2023. “While access to grid electricity of the poorest 40 per cent, ranked by per capita household expenditures, is 37 per cent, 68 per cent of the richest 60 per cent reported access to the grid. Living in more affluent neighbourhoods, the top 60 per cent also experienced fewer outages, and spent almost twice as much on electricity as the bottom 40 per cent. “As a result, the fiscal expen-

diture on tariff shortfalls largely benefits the rich. Eighty per cent of the fiscal expenditure on tariff shortfalls benefits the richest 40 per cent of the population, while only eight per cent benefits the bottom 40 per cent, and less than 2 per cent benefits the poorest 20 per cent,� said the Bank in the document which outlined how the proposed loan would be administered.

It further stated that, “the FGN cannot afford inaction. If the issues discussed are not addressed, the fiscal burden of the sector will continue to rise, and the sector will continue to seriously hinder economic growth. “For 2020-2023 under an inaction scenario; annual tariff shortfalls will total N3,082 billion (US$7,937 million) with aggregate tariff shortfalls for 2017-2023 reaching over N4.3 trillion (US$12.0 billion). COVID-19, decline in oil prices and the economic downturn projected for Nigeria will likely

further aggravate the precarious financial situation of the power sector, making the need for action even more urgent.�

To ensure that power generation companies (Gencos) and gas suppliers received sufficient payments to continue generating electricity, the bank explained that the government has borrowed from the CBN a total of N1.301 trillion since 2017. “The debt service obligations for the CBN PAF is a significant fiscal burden on FGN, at N198 billion (US$550 million) per year from 2020 to 2027 per the original agreed term-sheet. The original PAF was unconditional and was used by NBET to supplement the remittances of Discos and ensure at least 80 per cent payment to Gencos.� “The PAF expansion (approved by the FGN in May 2019) is conditional and underpinned by an Continued on page 24

Sylva: Full Deregulation Can Promote Gas as Cheap Substitute to Petrol Nigeria’s recent drive to fully deregulate her downstream petroleum sector is capable of promoting the use of gas as a cheaper alternative to petrol, the Minister of State for Petroleum Resources, Mr. Timipre Sylva has said.

Sylva said in his remarks at the 26th edition of the Nigerian Economic Summit Pre-Summit event which featured talks on domestic gas utilization.

According to him, the federal government was keen on leveraging Nigeria’s gas resources to address the country’s energy challenges.

He noted that the country has barely made the most of its huge gas deposit which was put at 200.79 trillion cubic feet (tcf) in 2019 by the Department of

ENERGY Petroleum Resources (DPR) and could last for 92 years, adding that it remained one of the top ten global gas flaring nations with up to 321.29 billion cubic feet (bcf) representing around 11 per cent of total produced gas flared annually.

According to him, through the National Gas Expansion Program (NGEP) which was recently launched and the government’s full deregulation of the downstream sector, gas as cheaper alternative to petrol for transportation, power generation and other domestic uses could gain prominence.

He described the NGEP as the government’s current flagship

program which sought to promote domestic utilisation of natural gas, adding that it has subcommittees on Autogas, Liquefied Petroleum Gas (LPG), Compressed Natural Gas (CNG), Liquefied Natural Gas (LNG) and Gas Based Industries; all with the potential to alter Nigeria’s energy consumption pattern. “With the current drive of government to establish a fully deregulated PMS market, it is imperative to ensure that Nigerians have access to alternative fuels which are cheaper and give great value to the consumer.

Vehicles can be retrofitted to run on LPG, LNG or CNG which are cheaper than PMS. Generators can also be retrofitted to utilise dual fuels,� Sylva said.

The minister explained that the

NGEP was working assiduously to ensure that Nigerians can have access to these alternatives in the coming months. “You will recall that I had directed that vehicles within my fleet and all the fleet of all heads of agencies under the ministry be retrofitted to utilise Autogas. This is to show the Nigerian people our commitment to this process and prove to them that it works. “With Autogas, Nigerians will make significant cost savings in comparison to PMS at the current price levels. It is also hoped that lifting the demand on PMS in-country may aid a downward price adjustment considering the normal forces of demand and supply.

Continued on page 24

The Bill & Melinda Gates Foundation has named the Director of the Africa Centres for Disease Control and Prevention (Africa CDC), Dr. John Nkengasong, as winner of the 2020 Global Goalkeeper Award.

As part of its annual Goalkeepers campaign, the foundation also announcedthreeotherGoalkeepersAwardsandlaunchedtwoinnovative partnerships that address the impact of COVID-19 on Kenya’s health and economy. “Dr. Nkengasong and his team at Africa CDC are deeply deserving of this award,â€? said Bill Gates, co-chair of the Bill & Melinda Gates Foundation, said in a recent statement. “Theircommitmenttosecuringthelatestinnovationsfromelsewhere in the world—as well as developing them themselves—will go a long waytowardsensuringthatthecontinenthasthevaccinesandmedicines it needs to ďŹ ght COVID-19.â€?

In addition to Nkengasong, this year’s awards went to Hauwa Ojeifo of Nigeria, Bonita Sharma of Nepal, and the MASH Project Foundation based in India. Each was recognised for playing a role in addressing the eects of COVID-19 in their communities.

The 2020 Global Goalkeeper Award recognises an established individual demonstrating signiďŹ cant commitment to health and development, speciďŹ cally in response to the pandemic.

The award is being presented to Nkengasong, a central voice for Africa’s scientiďŹ c community.

Ecobank, Vanguard to Hold Summit

Ecobank Nigeria in partnership with Vanguard Conferences and Economic Forum Series have announced that they are convening a digitalďŹ nancialinclusionsummittodrive,promoteanddeepenďŹ nancial inclusionamongsttheunbankedandunder-bankedpopulationinNigeria.

The summit slated for October 21st, would bring together trade groupsandassociationswithlargeunbankedpopulationandindividuals within the lower rung of the society who have not seen the need to be included in the ďŹ nancial sector or adopt ďŹ nancial services through digital platforms.

This is a direct response to encourage the adoption of innovative payment solutions and digital banking services in the post covid-19 era.

AnnouncingthesummitinLagos,Head,ConsumerBanking,Olukorede Demola-Adeniyi said the digital ďŹ nancial inclusion summit would be a platform to discuss the need for a comprehensive alignment of policy and regulatory frameworks among regulators such as the CBN, NCC, NITDA to support a sustainable digital ďŹ nancial inclusion growth, examine key issues and ways of advancing digital ďŹ nancial inclusion for women, youths and MSMEs and discuss the role of interoperability in mobile payment innovation. Furthermore, she mentioned that the role and impact of agency banking for ďŹ nancial inclusion growth will be x-rayed as well as the need for public and private sector investments in internet infrastructure and mobile connectivity growth in rural areas.

Cameroon, IFAD Support Farmers

The International Fund for Agricultural Development (IFAD) of the United Nations has announced a $59.9 million investment to fund a six-year extension of the successful CommodityValue Chain Development Support Project (PADFA). IFAD President, Gilbert F. Houngbo and Minister of Economy, Planning and Regional Development of the RepublicofCameroon,AlamineOusmaneMey,metvirtuallytosignthe ďŹ nancing agreement for the second phase of the Commodity Value Chain Development Support Project (PADFA II).

Cameroonhasgreatpotentialtomeetitsfooddemandandimprove the living conditions of the rural population.

About 32,000 poor rural households would beneďŹ t from the new project, which will help small-scale farmers and boost rice and onion productioninthecountry. Theproject’soverarchinggoalistostrengthen rurallivelihoodsforgreaterincome,improvefoodsecurityandnutrition, and integrate approaches to mitigate the impact of climate change.

Small-scalefarmersinriceandonionvaluechainshavefacedrelatively low productivity and income. The project will introduce measures to ensure the availability of quality climate-resilient seeds and other inputs, and more eďŹƒcient land and water management, including the modernisation of irrigation infrastructure to reduce producers’ dependence on rain-fed farming.

“We have experienced a severe downturn in our finances over the years, so at 60 percent less revenue, we are in a position where sustaining fuel subsidies is practically impossible simply because we do not have the resources�

Vice President, Yemi Osinbajo

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BUSINESSWORLD

NEWS

W’BANK: 80% OF ELECTRICITY SUBSIDY BENEFITS WEALTHY NIGERIANS accountability framework. Power sector shortfalls are rising and are fiscally unsustainable. From 2015 to 2019, the tariff shortfalls – the difference between allowed tariffs and cost-reflective tariffs, which the FGN is responsible for funding, increased significantly as allowed tariffs stayed flat while the cost-reflective tariff increased due to FX depreciation and inflation. “In 2019, with tariffs at only 56 per cent of cost-reflective levels, the annual tariff shortfall was estimated at N524 billion (US$1,718 million). Tariff shortfalls between 2017- 2019 totalled N1,249 billion (N1.2 trillion). This situation is not fiscally sustainable and takes away resources for human and physical capital investment - in 2019 the FGN budget was only N428 billion (US$1,403 million) for health and N650 billion (US$2,131 million) for education,� it added.

The Bank equally stated that it has identified risks that could derail the implementation of the PSRP, and which include political and governance, macroeconomic, sector strategies and policies, institutional capacity for implementation and sustainability, as well as stakeholders and operational risks associated with distribution SYLVA: FULL DEREGULATION CAN PROMOTE GAS AS CHEAP SUBSTITUTE TO PETROL “With autogas usage, the following are net benefits for Nigeria: Autogas is a cleaner fuel for a greener Nigeria, it is the eco-friendly option, it is a weapon against climate change, it is part of a more secure Nigerian energy mix, it serves as an economic alternative, it is seen as part of Nigeria’s socioeconomic fabric and a wealth of untapped potential,� he stated.

He said that the NGEP has engaged multiple stakeholders across the gas value chain and could launch some pilot Autogas stations across the country soon.

On the progress of the Nigerian Gas Flare Commercialisation Programme (NGFCP), Sylva disclosed that preferred bidders for gas flare fields will be announced following the advancement in the bid round.

NLNG Targets 350,000 Metric Tons LPG by December Emmanuel Addeh in Abuja The Nigeria Liquefied Natural Gas (NLNG) Limited has said it is set to achieve the production of 350,000 metric tons of Liquefied Petroleum Gas (LPG) from a paltry of 75,000mt it was when it started some years ago.

The company jointly owned by the federal government, operating through the Nigerian National Petroleum Corporation (NNPC), Shell Gas B.V, Total LNG and Eni International, noted that the target was achievable, given its current production levels.

Speaking during a webinar organised by ADIPEC Energy Dialogue, General Manager, Production at the company, Mr. Adeleye Falade, said Nigeria has a huge gas reserves which it must take advantage of for quick industrialisation and cleaner energy. “When we first started pushing Liquefied Petroleum Gas (LPG) which is cooking gas into the Nigerian market, we were only doing 75,000 tons per annum. Today, as at last year, we did 275, 000 tons that we pushed into the market. “This year our target is 350,000 tons and we are very much on our way to achieving it. The more we push cooking gas, the more we fight deforestation and deal with emission, especially harmful ones,� he said.

While describing the opportunities in the gas sector

as huge, he said that rather than being addressed as an oil nation, the Nigeria is actually a gas nation, which has some quantity of oil in it. \He added that Africa alone accounts for about 20 per cent of world population, but utilises just five per cent of global electricity.

According to Falade, with a proven natural gas volume estimated at 6 trillion cubit feet and gigantic discoveries in Mozambique, Tanzania, Mauritania and other African countries, the continent has enough has to supply about

two third of the world energy demand for 20 years.

He added that paying more attention to gas will mean cleaner and cheaper fuel, which will drive industrialisation in the continent. “And Nigeria has a big role to play with 200 cubit feet of proven reserve, Nigeria is now number 9 and has the potential to be number 4, because 600 cubit feet still exists in the ground which has not been taken through the accounting process� he noted.

On the NLNG Train 7, Falade reiterated that when completed,

it will raise the company’s production capacity by 35 per cent from the current 22 million tons to about 30 million tons per annum and will increase foreign direct investment by $7 billion in five years. “Currently, our six plants are giving huge revenues to government in taxes. We have paid about $8 billion as well as dividends of about $36 billion has been paid to NLNG shareholders of which NNPC which represents the government earns 49 per cent. “With the addition of train

7, and increase in production capacity, NLNG will stand a chance to maintain its position as the sixth major supplier of LNG globally, otherwise the company will recede because there are other people that are all increasing their volume. “With train 7, we see the creation of over 12,000 jobs directly and 40,000 indirect ones , especially at the construction phase and this will attract foreign direct investment to Nigeria in the upstream sector and other associated projects that are coming on stream� he stressed.

COURTESYVISIT

L-R: Chief Executive Officer, Nigerian Export Promotion Council (NEPC), Mr. Segun Awolowo; Minister of the Federal Capital Territory (FCT), Alhaji MuhammadMusaBello,andPermanentSecretary,FCTA,Mr.OlusadeAdesola,duringacourtesyvisitbyAwolowoto theMinisterinAbuja... recently

CSOs Want FG to Abolish PPPRA, PEF, Price-fixing Policy Chineme Okafor in Abuja Civil Society Organisations (CSOs) involved in Nigeria’s extractive industries have asked the federal government to set up processes to abolish legislations that set up the Petroleum Equalisation Fund (PEF) and the Petroleum Products Pricing and Regulatory Agency (PPPRA).

The CSOs include Civil Society Legislative Advocacy Centre (CISLAC), BudgIT, Connected Development (CODE), Media Initiative for Transparency in Extractive Industries (MITEI), OrderPaper Advocacy Initiative and Publish What You Pay (PWYP), amongst others.

They made the call at a recent webinar organised by the Nigeria

Natural Resource Charter (NNRC) to evaluate the government’s recent decision to deregulate the downstream sector.

They noted that the call which included the revocation of the Price Control Act became necessary to entrench the deregulation drive; and equally called for the enacting of an appropriate legislation or embedding it as part of the Petroleum Industry Bill (PIB) expected to be submitted to the National Assembly soon.

The consortium also asked the relevant authorities, especially the Central Bank of Nigeria (CBN) to ensure a level-playing field for all importers of petrol into the country, and not grant undue advantage to the Nigeria National Petroleum Corporation (NNPC)

in the current context.

In addition to their call for a full-fledged downstream deregulation, the CSOs called on the NNPC to take urgent practical steps to reverse the fortunes of its loss-making refineries as revealed in the published 2018 audited reports of its subsidiaries.

They noted that, “the refineries remain cost centers that the Nigerian government can ill afford given the impact of COVID-19 and other fiscal pressures on its economy.� “The Nigerian government should create an enabling environment for the private sector to contribute to the efficient running of the refineries so that Nigerian can reach its domestic refining goals,� said the group in

a communique wherein they also asked President Muhammadu Buhari to “demonstrate his honest commitment to the deregulation efforts by expunging the laws that entrench the potential of returning to a subsidy regime and pre-deregulation state.�

In the communique, they advocated that, “the government repeal the PPPRA Act, the PEF(M) B Act and the Price Control Act specifically, section 6(1) of the Petroleum Act, Schedule 1 of the Price Control Act, all acts that ensure a potential of returning to a price fixing regime and demonstrate to the Nigerian people that the declaration of full deregulation is merely a statement of intent and not yet honored.�

According to the consortium, there was need for the government to, “commit to the sustainability of the deregulation regime by entreating it in law, either through a stand-alone legislation, or through appropriate clauses integrated into the Petroleum Industry Bill (PIB) will allow for the sustainability of the no-subsidy regime.� “While we await appropriate legislation, we require the government to clarify the role of the Petroleum Support Fund in the new deregulation regime.

Clarity is required about how that fund is being managed, whether the over-recovery sums were deposited there and how they are expected to be spent,� they stated.

Expert Proffers Strategies for Post Pandemic Business Revival 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)

Peter Uzoho As businesses in Nigeria and across the world continue to grapple with economic challenges and setbacks caused by the coronavirus pandemic, a public finance expert, Dr. Greg Ugochukwu Ezeilo, has proffered suggestions on how organisations can revitalize their operations and bounce back to profitability quickly.

Ezeilo, a consultant to the Public Accounts Committee of the House of Representatives and a fellow of the Institute of Chartered Accountants of Nigeria (ICAN), spoke during

a webinar organised recently by Team Bronze, a Think-Tank Group from Igbo-Ukwu, a historical town in Anambra State.

Some of the survival strategies as proffered by him, included digitisation of business operations, right-sizing of staff and outsourcing of certain functions.

Others included renegotiating wages of staff, adaptation to the dictates of the new normal and close collaboration with key stakeholders.

The webinar which had the topic �Business Recovery and Survival Strategies in Post Pandemic,� was the second in series organised by Team Bronze.

Ezeilo stated that the COVID-19 pandemic dealt a devastating blow on the world economy, with the global Gross Domestic Product (GDP) contracting by 7.7 percent, while Nigeria’s GDP shrunk by 5.3 percent.

He posited that COVID-19 pushed many Nigerians into abject poverty and misery, warning that the devastating effect on local and world economies might remain for a long while.

He regretted that key industries in Nigeria have remained shut since March 2020 when the pandemic broke out, resulting in the closure of several small businesses and loss of jobs for

thousands of persons.

Dwelling on business revival, Ezeilo advised promoters of organisations to consider profitable new ventures, mentioning some of them to include the agricultural value chain, transportation, food stuff and groceries, bakery and confectionary as well as commodity brokerage.

Other tips included deciding if the company’s workforce should operate remotely or in physical offices, exploring new sources of finance and ensuring optimal customer service and care.

He disclosed that the federal government had floated the Survival Fund, a funding scheme

that will support micro small and medium enterprises (MSMEs) to overcome the challenges of COVID-19.

He advised businesses to examine the criteria for accessing the fund and take advantage of the opportunity.

Ezeilo listed a few other sources of low cost funding for MSMEs to include Renmoney, Green Stallion, NIRSAL MFB and Anchor Borrowers Programme.

Speaking further, he identified innovation and technology as a smart technique for reviving businesses, stressing the need to move from brick and mortar business to online business.

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Wonodi: It’s Time to End Electricity Subsidy The founding head of the Nigerian Bulk Electricity Trading Plc, Rumundaka Wonodi, in this interview speaks about on-going issues in Nigeria’s electricity market. Chineme Okafor provides the excerpts: What is your opinion about the new electricity Â?Š›’ěǾ The new tariff seeks to bring about some changes in the industry which is expected to improve service and financial sustainability of the industry. Unfortunately, not only does is seek to bring about a cost reflective tariff, it transfers this cost that were historically borne by government to consumers. Consumers in general will see a rise in tariffs. It is important to note that there really is no perfect time to raise tariffs for a product essential to productivity and quality of life for consumers. However, as the saying goes, ‘never waste a crisis!’, considering the economic crisis facing the nation and the government, there is a no better time for the removal of subsidies which benefit the most affluent in disproportionate order. Imagine that according to a World Bank report, 40 per cent consume 80 per cent of the subsidy in the electricity sector. Now imagine that another 50 per cent of the population, arguably the poorest of us, are not on the grid and therefore are not in any position to be direct beneficiaries any electricity subsidy. On other provisions of the tariff such as tariff tied to service level, minimum remittance

by Discos, I welcome those and the initiative for quick mass metering. It is important that consumers can manage consumption and bill.

Back to the issue of timing, a major concern is that consultations with consumers have not been robust and may cause confusion in implementation.

Let me say that definitely there will be some pain on consumers who are already squeezed and that is where we need to focus on, but we cannot continue to deny the fact that electricity is a product that requires a price, thus, for the sake of the general economy, this may be the time to takeout subsidies that benefit mainly the extremely rich.

The NERC said this tariff is a ‘service level’ tariff; from your perspective what is different about it?

If you remember in May 2017, I wrote an article “A case for Clusters� published by ThisDay in which I made the argument that Disco footprints are dispersed and made up of clusters of consumers who have different willing to pay and at the same time are enjoying different level of supply in terms of hours and therefore, I said that it made sense aggregate consumers in clusters that I called electricity tariff jurisdictions. Having advocated for a tariff that is tied to service level in term of number of hours of service per day, I am happing to see an adoption of the principle. In effect what the service level-based tariff is saying is that the rates paid by consumers will be tied to the average number of hours of service per day over a one-month period. Furthermore, NERC has approved five bands ranging from a minimum of 4 hours daily to minimum of 20 hours for the most basic to premium service. Intuitively, the more the hours of service the higher the rates. This tariff also recognizes the fact that not all clusters can be served alike. In my earlier piece, I highlighted the fact that consumer clusters have different payment capability or if you like willing to pay but, in the language, here, the notice highlights infrastructure readiness or adequacy of clusters to offer service. Not minding the reasons, we are at the same starting point.

How well do you think this will serve the industry; what should consumers expect from it?

First off, there is a basis for accountability in terms of service and a pathway to financial viability and independence from the government.

As you know, the tariff also stipulates higher minimum remittances by Discos to NBET and Market Operator. However, returning to consumers, it will bring about a more equitable tariff structure where those who receive premium service, pay more and those who enjoy a more basis service pay lower rates.

That said, we need to further refine the service level, hopefully through consultation between consumers and their Discos to incorporate a consideration for time of use. Time of use is critical in raising utility value of the service and ultimately consumer satisfaction. Take for

constraints, the NBET will be required to pay for idle capacity. This situation has not been fair to the Gencos; so, to the extent that this is resolved it will catalyse the next phase of investments that is planned to take us to 25,000MW. What in your view should be the priority conversation in this sector following the COVID-19 pandemic?

I am tempted to say that the government has to find a way to provide a cushion for some of the consumers but our history is that subsidies have never been well targeted, so we can start by making sure that consumers are not placed in tariff bands higher than their true service level.

More importantly, meters should be made available so that consumers can really control their costs.

That said, the power sector on its own is not different or divorced from other sectors of the economy, so, there must be global as in national policies and conversations on the economy.

Wonodi example consumers in Band C whose service level is based on a minimum 12 hours a day average over a month. Does it mean that the DisCo can provide service for 24 hours over 15 days and then, zero for the rest of the month? Technically, that meets the requirement. Again, consider the case of a consumers in majorly commercial cluster, what will be the utility value of a 12 hour a day service that shows up at 7pm and goes away at 7am or for a residential cluster showing up at 7am when consumers are leaving the house for work or school and then the power goes away at 7pm as dusk sets in. We can even add another layer to say that power shows up daily at irregular interval and periods. In all those cases, the utility value will be low but if we further refine the service to incorporate time of use and predictability, then we can raise utility as one, consumers know when the power will show up and that when it does, it is at the most suitable time for them to use it.

Let’s not kid ourselves, this will not be a magical transition. It will require a lot of diligent work and collaboration between the Discos, Transmission Company and consumers. We need to acquire the data for planning and for investments to meet the implementation plan. Diligence and patience are the keywords. This action transfers some semblance of control to the consumers where they can personally monitor the performance of the distribution companies. To this end, it forces people to be more objective in monitoring the service level rather than estimating on an emotional basis.

But will this address the market’s liquidity challenge which is still dire?

As I mentioned earlier, the tariff is not limited to the service level in terms of hours of supply, but also stipulates higher minimum remittance for each Disco to be made to the Nigerian Bulk Electricity Trading Plc and the Market Operator. On this note, the tariff seeks to address the liquidity challenges in the electricity market.

Apart from the strict requirements, there’s a potential that if the service is delivered in a manner that I have suggested to raise the value of service to customers, we see that in spite of the hike, customer satisfaction will rise to where payment compliance is better. Behavioural economics have shown that value drives loyalty.

We know that the dependence on generators is driven mostly by the erratic nature of grid service, so if we can provide power to people in a regular predictable fashion, they will save much more in the long run.

The NERC and its regulations ought to be the sector’s tailwind; do you see that kind of industrious governance of the sector from it so far because opinions are divided

on its independence?

Let me start with the second limb of your question regarding the independence of NERC. It is important to understand what this means and what it does not. For example, according to the Electric Power Sector Reform Act, NERC takes policy directives from the minister in charge of the sector and secondly answers to the National Assembly; the decision to appoint and extend tenures is the prerogative of the government, so let’s put that in perspective. The independence therefore is about its regulatory process and instruments which must be done in a transparent manner and should not be subject to government intervention.

Again, look at the industry, for whatever reasons, the government has remained the biggest financier of the sector and with that comes a lot of control and directives to operators in a manner that erodes the regulator’s independence. As you know, all investments required in the sector should be financed through tariffs. At present, the tariff collections are not even sufficient to pay for current generation not to talk of investments in network expansion and enhancement. The government has injected over $4 billion in loans and subsidies and is facilitating the loans to support the deal with Siemens. So, the government is the piper and dictates the tune. I’ve provided these perspectives for a better understanding of the hurdles of NERC not as a defence because we know that NERC, not limited to the present, could also have fared better in building public trust and confidence. In some cases, the actions of the regulators appear more reactive than proactive.

The Siemens new deal, which is on the table, how do you see it?

This could be a game changer for the sector.

Capacity alignment across the value chain of the sector is critical as both cost reflective tariffs and metering. With the current misalignment in the electricity value chain, where generation outstrips transmission and transmission outstrips distribution, the Siemens deal championed by the ‘Presidential Power Initiative’ is expected to close the gaps and allow the stranded generation which is about 7000 megawatts (MW) to reach homes and business in four years, that is effectively more than double what is generated in the system.

From just above 5,000MW to 11,000MW. And unlike in the present case, we expect that the losses due to poor infrastructure and metering will be reduced significantly leading to possible reduction in tariffs and increasing the financial viability of the industry. Another anticipated outcome is that it should support the activation of commercial agreements in the market. As you know, there is a reluctance to activate Power Purchase Agreements (PPAs) and Gas Sales Agreements (GSAs) knowing that because of

Let’s talk about your former workplace – the NBET, it would appear like it’s recently overwhelmed by all sorts of governance and process issues; would you talk about this, how do they impact on the electricity market?

It has not been quite a pleasant situation at the NBET but I’m glad to note that we have seen the worst and that with the new board and management in place, the agency should return to focusing on its mandate. As you are aware, NBET is a key catalyst in the electricity market for investments across the value chain especially for generation and gas supply, and to some extent distribution. NBET assumes most of the sovereign risks along the value chain; it is the anchor of government’s guarantees and has become the sector’s bank in quotes for government financial intervention in the industry. Therefore, when it is distracted by both internal and external problems, it does not bode well for the industry. Investors’ confidence plummets and not surprising, transactions stall and finding solutions to market problems take a back seat. This is not good. The good thing however is that we have an opportunity for a reset. A strong board is now in place, the new chief executive is a pioneer management staff and the management has been reinforced with additional experienced personnel and I expect staff morale to be restored.

You were head of the NBET when the PPA for Azura IPP was consummated, which is now attracting controversies, what is your take on the issues?

It is true that I led the federal government’s team in the Azura transactions. For good reasons, I am quite proud of the opportunity and achievement.

It is unfortunate that such a landmark transaction that had been celebrated by both GEJ and PMB administrations would attract such controversies because of a temporary setback in the sector.

Mark you, this is a 20-year PPA and we are less than three years in its lifetime, so there’s ample time to fix the issues in the sector that has made Azura challenging. I’ve said, issues in the sector because, there’s no major issue with the transaction. The pains come from the fact that Azura receives full capacity payment even when it is not fully dispatched and because of its active contracts, it enjoys priority dispatch and then its payment is clockwork and when made in Naira, it must be provided foreign exchange (FX) to meet loan servicing obligations. These are standard contract terms and practices. However, to the extent that the market is unable to generate the revenue to pay all Gencos and gas suppliers, government has to fund the gap. Now while, we can batch the make up in arrears, Azura’s strict requirement could be irritating to government.

I think that with current initiatives in the sector targeting ramping up revenues and expanding the networks such that less generation is stranded with consumers receiving more power, the issues of paying for idle capacity or not dispatching more competitive power plants should reduce the misgivings about the transaction.

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

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Stabilising Economy with Unorthodox Monetary Policy Dike Onwuamaeze writes on the impact of the Central Bank of Nigeria’s development finance initiatives

T

he swift and massive shock of the coronavirus pandemic and shutdown measures to contain it have plunged the global economy into a severe contraction.

According to World Bank’s forecasts, the global economy would shrink by 5.2 per cent this year and that would represent the deepest recession since the Second World War, with the largest fraction of economies experiencing decline in per capita output since 1870.

Already, Gross Domestic Product (GDP) figures already released by countries across the world showed that a lot of economies have also slipped into recession.

For Nigeria which recorded negative GDP growth of 6.1 per cent in the second quarter of 2020, since the outbreak of the virus in the West African country, its central bank has been aggressive in deploying unconventional monetary policy tools to cushion the effects of the pandemic on households and firms.

The Central Bank of Nigeria (CBN) has explained that its aggressive deployment of unconventional policies since the outbreak of the COVID-19 has been to help manage the supply shock in the system as well as calm inflationary pressure.

CBN Director of Monetary Policy Department, Dr. Hassan Mahmud, said the apex bank’s interventions in the agriculture, manufacturing, and other sectors played a major role in moderating the level of GDP contraction country recorded in the second quarter. Even though the GDP contracted by 6.1 per cent, the projections were actually worse than that. This has been hinged on the unconventional monetary policy tools adopted by the country, given the fact that the fiscal policy space had thinned out. “So, we need to do the interventions to manage the supply side because of the inflation number that we are seeing and also get demand to pick up. “So, we should be seeing the benefits of all the interventions in agriculture, manufacturing, power, coming on stream. Don’t forget that these are structural issues and are challenges that have been there,� Mahmud explained.

According to him, the impact of the central bank’s intervention would be felt in the long-term.

Also, the Director, Development Finance Department, CBN, Mr. Philip Yila Yusuf, who reeled out the various development intervention initiatives of the central bank, said they were aimed at supporting the fiscal authorities.

Yusuf said the Commercial Agriculture Credit Scheme (CACS) was to fast-track food processing across the entire value chain which he said has been successful. “We’ve disbursed over N600 billion and over N400 billion has been paid back. It was given at nine per cent interest rate, but the interest rate has been reduced to five per cent. “Private sector players and also state governments have accessed it for either rice processing mills, cassava processing mills or to do large scale farming,� he added.

Speaking on the need for the country to be self-sufficient, he said, “because of the protectionist mode that a lot of countries are going into, there’s an opportunity for us to properly diversify into agriculture. “So, we need to produce more, especially grains.

We need to achieve national food security and we need to be able to start looking at how we can even begin to export for us to be able to earn forex, because there’s already a decline in

EmeďŹ ele the major forex inflow we get from oil. “We really need to start looking at how we can ensure we have food self-sufficiency and also begin to export to earn more foreign exchange. “We have significant land that has been unlocked and so we need also to ensure we are doing a lot of processing in-country.â€?

Yusuf also spoke on the Anchor Borrowers’ Programme launched by President Muhammadu Buhari in 2015, saying it has been largely successful.

According to Yusuf, without the Anchor Borrowers’ Programme, especially since the pandemic, “I can imagine what would be happening in Nigeria.�

He spoke on other development finance interventions and the funds disbursed so far by the apex bank, saying, “Once the COVID started in China, what the leadership of CBN under Governor Emefiele did was to try and create different scenarios of how we would respond to the pandemic depending on how it affects Nigeria. “We brought out a broad stimulus package worth about N3.5 trillion across SMEs, manufacturing and healthcare because Governor Emefiele wanted activities to go on despite the lockdown, and then health, because our hospitals have not moved from basic provision of services to more advanced healthcare. “With N3.5 trillion, the first thing we did was to put in place a N50 billion Targeted Credit Facility for households and SMEs. As I speak to you, we have disbursed N72 billion to over 120, 000 beneficiaries and Governor Emefiele has increased the fund from N50 billion to N100 billion.�

Yusuf added, “We also put in place N100 billion credit support for the healthcare sector. We provided them cheap access at five per cent, through the deposit money bank to access the N100 billion set aside. As we speak, we’ve disbursed over N44 billion to over 40 projects. “We also looked at helping to domesticate our pharmaceutical and hospice-related activities. We also set aside N1 trillion for our manufacturing

sector; that’s where we have huge, significant employment – textile, housing, food and agroprocessing, etc. – and during the COVID-19 period, we have disbursed over N200 billion to a wide range of people.�

Also speaking recently, CBN Governor, Mr. Godwin Emefiele, pointed out that realising the consequences of the pandemic, the board of the central bank as well as the MPC took a unanimous decision to grant provisioning for banks.

He explained that the banks were given the opportunity that, “if for instance companies or households that are impacted by the pandemic and can’t pay their loans, that such loans should be restructured with the understanding that truly they have been adversely impacted by the Covid-19 and that they cannot service those loans.�

He added: “We also took the decision to reduce interest rates on CBN intervention facilities from nine per cent to five per cent. We also said that in order to encourage people to come back again in business, that there are those who lost their jobs, that we should able to support them through the N100 billion Targeted Facilities for Households and SMEs. “This facility has been granted. We are talking about N500, 000 for somebody who wants to start a petty business and up to N1.5 million for some of them who are going to be undertaking some slightly higher level of business.

He stressed that presently, Nigerian banks remain sound and have not been impacted negatively by the pandemic.

Emefiele said latest central bank’s data showed that the Nigerian banking industry remains strategically strong and able to support the economy.

For instance, in June 2019, capital adequacy ratio for the banking industry was 15.3 per cent, but as at August 2020, it remained at 15.3 per cent.

Also, non-performing loans (NPLs) as at June 2019 was 9.4 per cent, but presently at 6.1 per cent. Similarly, liquidity ratio was 48 per cent in June 2019, but presently at 36 per cent, which was

attributed to an increase in credit over the last 13 months of about N3.7 trillion to the economy.

In addition, Return on Equity of bank which was at 24 per cent as at June 2019, currently stands at 21 per cent; while return on bank assets which was 2.3 per cent as at June 2019, is presently at 1.9 per cent, which is still adjudged to be fair.

Total deposit of banks have risen from N22.9 trillion in June 2019, to N28.9 trillion in August 2020. Total loans have increased from N15.4 trillion in June 2019, to N19.3 trillion in August 2020.

Also, total assets have risen from N38 trillion in June 2019, to N48 trillion in August 2020. So, these for us are signs that show that as at date, the banking industry remains resilient to support the growth of the Nigerian economy.

To the Deputy Governor, Corporate Services of the CBN, Mr. Edward lamtek Adamu, the Bank is focused stimulating economic growth.

Adamu said, “I want to reiterate the strong commitment of the CBN towards supporting measures that would bring the nation from our over dependence on imported goods, so that we can create wealth, create jobs for our teaming youths and just improve lives and livelihood of Nigerians as we strive to promote a very stable financial system. “I want to emphasis what the CBN governor has consistently said, that the central bank is committed to its core mandate of maintaining price and exchange rate stability. We are also committed to ensuring that we have a conducive macroeconomic environment for growth. “We are committed to fostering development for an efficient credible and reliable credit system.

We are committed to a very stable exchange rate and the growth of our reserves and diversifying the economy‌ “We are committed to supporting the diversification through our intervention programmes and development finance in the agric sector, manufacturing sector, MSMEs because they are critical to the development of the economy.â€?

Access Bank Restates Commitment to Innovation Emma Okonji Access Bank Plc has said it will continue to support technology innovation in order to solve the country’s challenges and proffer solution to its digital transformation agenda.

The company’s Chief Executive Officer, Mr. Herbert Wigwe, gave the commitment during the presentation by finalists in the software category of the Lagos Smart Metre Hackathon, which

held in Lagos recently.

Wigwe, who was represented by the bank’s Executive Director, Information Technology (IT) and Operations, Mr. Ade Bajomo, said: “Access Bank is built on innovation, and will always support innovations that can solve challenges for the people. “Innovation is part of us and we are forever looking for new things to do to solve real challenges in Africa and beyond Africa. We are always

in support of innovations that will move the lives of our people forward and give them more opportunities to become financially independent.�

According to Wigwe, the bank had thrown its weight behind the Lagos Smart Metre Hackathon because it was crucial to solving the power problem in Nigeria, leveraging technology.

Speaking at the event, the convener of the Lagos

Smart Metre Hackathon, the Commissioner for Energy and Mineral Resources, Lagos State, Mr. Olalere Odusote, thanked Access Bank for identifying with the state as the Diamond Sponsor of the Hackathon.

While noting that the five finalists in the hardware category had impressed the judges the previous day, he said much was being expected from the software finalists as well.

Odusote said Hackathon was

not just a one-time project as the government would take it further to ensure that all the solutions developed by the participants were put to use. “We are not just doing Hackathon for the sake of it, we will take the products to the commercial development process,� he said.

Odusote disclosed that the Hackathon received 274 entries, where 127 bided in the hardware category, while 147competed in

the software group.

He, however, said only 65 hardware and software prototypes were submitted by applicants.

The shortlisted five finalists from the hardware category were Cosmo Automation, Smart Energy, Techwizard, Power Bit Cruchers and Gadozz Electricals, while the five software finalists were: Vectorians, Zeena Platform, Magnitronics, Chosen Soft Tech, and Gideon.

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Akingbola: Hotel Owners Must Review their Business Plans The Managing Director/Principal Consultant, Anchor Point Hospitality, Olaolu Akingbola, in this interview speaks on the recovery path for the tourism and hospitality sector as well as plans to enter into the Nigerian market. Maduabuchi Ubani brings the excerpts: Can you tell us about your operations at Anchor Point Hospitality?

Anchor Point Hospitality creates lasting impressions through innovation and originality. Our operations ideally are broken down into three major parts, each with a distinctive structure of tailored solutions unique to the market and the specific needs of our owners and developers. We offer a targeted approach to hotel development, providing would-be hotel owners with a comprehensive and robust approach to hotel development, with our core focus in the developmental stages being, the guest experience, investor returns, and a design that supports operational efficiencies, all of which are important considerations to support a responsible business engagement which guarantees investor returns and satisfaction. We also offer hotel management services. Anchor Point Hospitality is able and equipped to profitably manage the overall operational infrastructure of a branded or independent luxury hotel on behalf of owners and investors. At Anchor Point Hospitality we believe in heartfelt service, attention to detail and the ability to create a personalised and local experience for our guests and patrons, which is the key to creating a sustainable brand identity. We also believe in financial responsibility which fosters profitable business practices, and ultimately in the development of human capital creating a fun and engaging workplace. As a third-party management company, our approach is a personalised and respectful one. The individual needs of each property in our management portfolio are taken into careful consideration and are critical in creating an effective partnership.

Anchor Point Hospitality’s flexibility is a company staple, prevalent across all segments of the business, but nowhere more significant than in the area of property management. Also, we offer Advisory services to hotel owners, we specialise in the provision of advisory services to the hotel, tourism and leisure industries, providing a full range of consultancy services to our clients who have investments in the sector, or who are looking to enter them through development, acquisition or by other means. In addition, we offer a comprehensive range of advisory services and solutions tailor-made and specific to each project and market location. We also assess the desired goals of our clients, prepare a tailored strategy, and efficiently execute our recommendations; which results in streamlined concepts that are local, improves hotel use, financial results, and overwhelming guest satisfaction and brand loyalty.

Is it mere coincidence that your company is entering into the Nigerian market at a time when hospitality players are taking cautious stands due to the pandemic. What are you seeing?

It is somewhat a coincidence that our market entry is aptly timed, I believe now is a time where hotel owners can benefit from the wide array of services we provide. The market requires hotel owners to reconsider business and commercial plans, as well as to re-evaluate daily operations, and the most important one being market positioning.

So If you are an owner, asset manager, management company or operator and need short or long-term management support, we can assist with professional, low-key, non-disruptive, and non-intrusive in-depth reviews and assessments of your operations, revenue enhancement, marketing, market analysis, financial controls, food &

to access liquidity supports, apply new health protocols for safe travel, and help to diversify their markets. Also, there is need to restore confidence and stimulate demand with new safe and clean labels for the sector, information apps for visitors, and domestic tourism promotion campaigns.

Preparing comprehensive tourism recovery plans, to rebuild destinations, encourage innovation and investment, and rethink the tourism sector.

The pandemic has taught businesses to adjust their operations to the new normal, and we believe hospitality players are not left out. How can they rethink their business strategy to adjust to the post COVID era?

I believe innovation will drive the recovery we seek, the hospitality industry by design encourages operators to be adaptable, that said there are different variables at play here and most hotels will have to review their business mix and re-evaluate the commercial plans they have. The focus for every hotel operator should be the domestic traveller, as they will be the key to recovery.

Akingbola beverage, and team-building concerns. We will prepare a clear, simple yet detailed brief with specific action plans for effective results or if you choose, we can implement the recommended solutions ourselves. Additionally, we can also provide short term or long term management services during a transition period such as this.

Why the Nigerian market?

Why not? the Nigerian market is rapidly growing and it’s projected to continue to grow, now 2020 may not be the best representation of this growth, but subsequent years will see significant growth in tourism receipts and domestic travel, with tourism accounting for about 5 percent of GDP, we want to be a resource to our clients to prepare them to take advantage of this projected growth using strategic analysis.

Your operations are centred in the United States and West Africa, can you tell us your success stories in the various markets where you operate.

Anchor Point Hospitality is a strategic partnership and alliance of highly successful, proven, and professional hoteliers dedicated to the single goal of supporting and operating hotels to maximise their performance. Our depth of combined industry expertise encompasses years of producing results by enhancing asset value regardless of conditions or circumstances, while at the same time creating exciting environments where our associates thrive and our guests become lifetime friends. A hospitality investment is a complex vehicle requiring each aspect to be not only performing at peak effectiveness at all times but most importantly, to be synergistically in concert with all other disciplines of the operation to ultimately produce the required return on investment. This requires attention to detail, sound leadership, technical know-how, and a team of proven experts who enthusiastically work well together to achieve

a common goal of producing extraordinary results through extraordinary service and sound marketing techniques. This has been our story and continues to be our realities, as we engage and take on new clients and opportunities in the markets we operate in.

In your operations in dealing with clients, do you also inject capital into the business?

Is that part of your operation?

We do not inject liquidity into the assets we manage or assume any liability; we invest human capital and our know-how which is an extremely valuable asset to the business we support. We are a service provider at our core.

The hospitality sector is one of the hardest hit with the impact of Covid19. What do you think industry players, as well as the government, can do to lessen the impact of the pandemic on the sector?

The coronavirus (COVID-19) pandemic has triggered an unprecedented crisis in the tourism economy, especially in Nigeria given the immediate and immense shock to the sector accompanied by very strict lockdown measures implemented by the Government. The government and stakeholders can play a major role to lessen the impact of COVID-19, by making investments into the sector to promptly restart operations safely. The impact of the crisis is being felt throughout the entire tourism ecosystem, and reopening and rebuilding destinations will require a joined-up approach. Tourism businesses and workers are currently not benefiting from any economy-wide stimulus packages, In Nigeria, if this is implemented it will go a long way in sparking a quick recovery. Also, there are some specific measures, the federal and local governments in concert with industry partners should focus their efforts on: Lifting all travel restrictions and working with businesses

From your over 13 years of experience in the sector working in various clime, what can Nigeria learn from others that would spur growth in the hospitality sector?

I think Nigeria has come a long way in the development of the human capacity needed to service the surging demand for talent in our market, however, more investment is needed in developing local talent with the specialized skills needed drive exceptionalism in our industry, which in turn, will help hotel owners and investors save money by limiting the need to import expatriate talent.

As MD of Anchor Point Hospitality, what would you say is your biggest achievements?

I would have to say putting the infrastructure and faculty in place to ensure that our hotel owners will be supported by a sophisticated infrastructure, and a highly experienced management teams, who understand how to tackle and resolve the core issues of optimising revenue across the spectrum; from increasing room sales, upgrading F & B revenue, maximizing meeting and conference opportunities, and enhancing the unique image and positioning of the hotel properties we support.

Putting up a team to render quality services like the one you do, require funds. What is your source of funding and who are the shareholders behind your company?

We have been able to secure the initial capital required to establish the shared services platform that forms the core of our service offering to include an ERP solution provided by Oracle Technologies which will support our accounting, forecasting, and budgeting functions. These shared services help us to reduce costs for all hotels in our portfolio. Our main source of funding comes from our fees, we tailor our fees to mirror the needs of clients, our management agreements charge a base fee of 2.7 percent of total revenue or a predetermined minimum flat fee, in addition to that we tie our success to that of the owner by charging the bulk of our compensation in incentive fees which ranges from 8-10 percent of GOP, what that simply means is that if the owner is not making money, we are not as well.

We also charge a minimal fee for implementation and shared services which are determined when the contract is executed.

The 100 Most Influential People of 2020: Tony Elumelu Aliko Dangote A mere handshake says a lot about Tony Elumelu. His gritty grip underlines his charming, tenacious personality: a man who hardly backs down from any challenge. The same engaging qualities have propelled him from a modest beginning in Nigeria to becoming chair of the United Bank of Africa, and one of the most innovative and ambitious business leaders of his generation. He is a leading

proponent of “Africapitalism,� a belief that Africa’s private sector can and must play a leading role in the continent’s development through long-term investments, as well as entrepreneurship and regional connectivity.

After deepening the financial market in Africa, he has found an equally important niche: giving a voice of hope to millions of youths across Africa. Tony has harnessed Africa’s youth bulge to catalyze development and protect the future, committing to investing

$5,000 each in 1,000 young entrepreneurs per year across 54 countries in Africa. Having come so far, Tony still forges on, striking a fine balance between personal satisfaction and societal impact.

Dangote is the president of Dangote Industries Limited Culled from time.com Elumelu

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PROPERTY & ENVIRONMENT FG Commissions Retrofitted Equipment in Phase-out of Ozone-depleting HfC Ȋ Says Nigeria’s forest cover increased to 6% Fadekemi Ajakaiye

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he Minister of Environment, Dr. Mohammad Mahmood Abubakar has commissioned factory lines that were changed from the use of ozone-depleting Hydrochlorofluorocarbon (HfC) to safer fuels, in the nation’s commitment to mitigating the effects of climate change.

Abubakar engaged in this ceremony at two factories and also visited the UNIDO office in Lagos recently.

The minister, who also visited the Nigeria Conservation Foundation (NCF), Lekki, Lagos, emphasised the importance of trees as carbon sink and commended the Foundation’s effort to maintaining a true natural environment in a busy city like Lagos.

“Biodiversity conservation is what has been plaguing the world on climate issues. Replicating a place like this NCF in other parts of the country, will improve our biodiversity.

Nigeria is currently on the 34th position on biodiversity

ranking. This is partly because our forest cover is far below the world minimum of 25%, as we are currently on 6%,” he said.

Speaking during his visit to the factories with retrofitted equipment in Lagos, recently, the minister stated that the change was a laudable achievement in the phase-out of Ozone-depleting substances and mitigation of climate change.

The minister, who reiterated the federal government’s commitment to phase out of HfC in Nigeria, was at Vitapur Nigeria Ltd, where he commissioned the System House for the production of Methyl formatebased pre-blended polyols in the rigid polyurethane foam sector.

He stated that the Vitapur Project was one of two in Africa, the other one is in South Africa, and that the production of Methyl formate-based preblended polyols is an alternative to ozone-depleting HCFC-141b in the manufacture of rigid polyurethane foam.

“The upgrade of the System House is one of the key

components of stage I of our Hydrochlorofluorocarbons Phase out Management Plan (HPMP) project with UNDP as the Implementing Agency, funded under the Montreal Protocol on Substances that deplete the ozone layer,” he said.

Nigeria now has 6 per cent forest cover At the NCF, Lekki, Lagos, the minister added that the present government has been able to move the forest cover of the nation from 4% to 6% and working towards restoring it to 25% as recommended globally.

He said, “We have built and we are building numbers of recycling plants that will take used plastics, wash and make all kinds of things out of them. For example pallet, and this pallet will be used to make interlock, the interlock made from plastics will even last longer than the brick interlocks.”

“The Ministry of Environment will be working with the NCF continuously and wherever we can support.

The issue of climate change, if left unaddressed, will make the Corona pandemic look like child’s play. Corona will kill just the people while climate change will kill everything, people, land, trees, and all. Climate change is more serious and can be more devastating, but if we take responsibility and do our own bit, we will save the environment for ourselves and

also for the future generation,” he said.

The Minister, shortly after his arrival, went on a guided tour of the Centre, including a thrilling moment on the longest canopy walk in Africa. In his company was Prof. Adeshola Adepoju, Chairman, National Forest Trust Fund; Mr. Charles Ikeah, Director, Pollution Control and Environment

Health, Federal Ministry of Environment among others.

The minister also planted the Ekki tree (lofira alata) within the centre, assisted by Chief Ede Dafinone, Chairman, National Executive Council of NCF; Dr. Muhtari Aminu-Kano, Director General of NCF; Mr. Tom Akagbosu, a representative of Chevron Nigeria Ltd and by NCF’s Management staff.

Minister of Environment, Dr. Mohammad Mahmood Abubakar (middle) during a visit to the Nigeria Conservation Foundation in Lagos… recently

Foreign Affairs Ministry gets Climate Change Champion as PS Fadekemi Ajakaiye The appointment of Dr. Anthonia A. Ekpa, a change agent and champion of climate change, as Permanent Secretary in the Ministry of Foreign Affairs, will definitely boost the nation’s policy presentation at important international negotiations.

President Muhammadu Buhari recently appointed Dr. Ekpa as Permanent Secretary, along with Chukwuemeka Meribole; Peter Tarfa; Ifeoma Anyanwutaku; Kumo Ardo; Babangida Hussaini; Nura Alkali; Oluwatoyin Akinlade; Lamido Belgore; Omokunmi Udoh; Ganda Mohammed; and Mamman Mahmuda.

Particularly of interest are two of the Permanent Secretaries who were highly sought after by the ministries they served, according to feelers. They are Dr. Peter Tarfa, former Director in the Federal Ministry of Environment and Dr. Anthonia A. Ekpa, Director in the Federal Ministry of Transportation.

These two Permanent Secretaries had worked closely in preparing Nigeria’s Nationally Determined Contributions (NDCs), as required by the United Nations Framework Convention on Climate Change (UNFCCC). While Tarfa coordinated the implementation of the government’s policies on climate change, Ekpa pursued with vigour the drive to curtail the emission of CO2 and of other harmful gases in motor vehicles that ply the nation’s roads.

In their partnership, these two Permanent Secretaries interacted variously with international organisations, top Diplomats of various countries and with groups of stakeholders on behalf

of their ministries and Nigeria.

Not only have they achieved much within a short period of work on policy formulation in the area of reduction in fuel emission, their interest and expertise in galvanising stakeholders to support the country’s clean mobility, Compressed Natural Gas (CNG) and Green Bond initiatives for road transport improvement is widely recognised both in Nigeria and overseas, including by the United Nations Agencies, especially the United Nations Environment Programme (UNEP), World Bank and India’s major research institution, Centre for Science and Environment (CSE).

It is therefore not surprising that Ekpa and Tarfa are regular faces at international fora when issues on environmental pollution, urban transport and clean mobility are discussed.

One such occasion was the 25th UN Climate Change Conference (COP 25), held in Madrid, Spain, in December 2019. These two Permanent Secretaries were very visible in all crucial meetings attended by Nigerian ministers.

It is now apparent that these two, like other recently appointed Permanent Secretaries had a date with mother destiny who appears to have orchestrated their emergence in the most dramatic and perhaps miraculous ways, making the nickname given to them – ‘the Apostles’ not just apt, but prophetic.

Our searchlight is particularly beamed on Mrs. Ekpa, whose intimidating profile, eloquently presented by Presidential Spokesman, Femi Adesina, before President Buhari, in August, drew the admiration of those in the Council Cham-

Ekpa bers and the attention of the Villa Media Correspondents in particular, who wondered where the elegant, versatile, ever-smiling and unassuming bureaucrat would be deployed to as Permanent Secretary.

Ekpa’s schedule is of particular interest. Her academic background and qualifications in Nigeria and the United Kingdom, career progression, international exposure, experience, membership of both International and Nigerian-based Boards and Professional Associations, scholarship awards and several awards of excellence for meritorious service in the Public and Civil Services respectively, bestowed on her among others, seem destined to have directed this astute and thoroughly committed civil servant towards performing the role of the Permanent Secretary of Nigeria’s prime public institution dominated

by Diplomats –the Ministry of Foreign Affairs.

Conflicts Management,

Budget planning, Human Resources Management, Projects and programmes implementation, Monitoring and Evaluation among others are familiar areas of engagement in her previous assignments.

In addition to previous engagements since 2018, she has been a member of the World Bank Executive Committee on Africa Transport Policy Programme (SSATP); member, Nigeria’s Delegation to the United Nations Road Safety Trust Fund; and member, Nigeria’s Delegation, UN Conference of the Parties on the Framework Convention on Climate Change (COP25) Madrid, Spain, among others.

The anticipated synergy between Ekpa, and the Ministers is bound to see a ministry that will make Nigerians proud and reassure the President that he is on the right track in terms of foreign policies management and co-ordination.

Five years down the line, a review of President Buhari’s

government and policies is bound to produce different outcomes.

Fighting against corruption, revitalising the economy and institutionalising policy reforms, including in the Civil Service, are significant milestones of the government.

On institutionalising policy reforms and boosting morale, the President has taken his time to approve appointments based on merit and competence, as with the right people or persons in place, goals and achievements can be delivered.

Her record and achievements in service, is that Ekpa works hard, is incorruptible, never turns her back on any task and is kind towards and staff and stakeholders. Although not from the Diplomatic Community, her all–round competencies qualify and equate her with the best that have occupied the seat of the Permanent Secretary of the Ministry of Foreign Affairs (MFA).

Her involvement with academic writing and publishing papers and books, presenting papers in conferences around the globe and teaching Communication Arts, Public Speaking and Strategic Communication to different groups including in Birmingham –UK, leaves Ekpa with a super confidence as a persuasive and passionate communicator.

The MFA needs one like her – a powerful personality yet gentle and friendly, a good complement to the two Gentlemen Ministers: His Excellency Amb. Geoffrey J. K. Onyeama and Amb. Zubairu Dada.

Ekpa is not only an administrator par excellence but also a worthy Ambassador for Nigeria, as upon resumption of duty

at the end of September, she will take on the coveted title of Ambassador, bestowed on her by providence and her nation by virtue of her role as Permanent Secretary and Administrative head and Accounting Officer over a Ministry with over 100 plus Embassies including High Commissions of Commonwealth countries.

Ekpa is from the historical town of Calabar in Cross River State, Nigeria. Like a Destiny child meant to be an international figure, she attended the Federal Government Girls College Calabar and the University of Calabar. Her detrabalised nature may not be unconnected with her early interactions with children from other states and background.

She also studied in the University of Ibadan –Nigeria and holds both PhD and Master’s degrees in English Language with specialisation in Sociolinguistics, Communications Management, Stylistics, Discourse and Analysis and Gender studies respectively.

An awardee of the Prestigious British Chevening Scholarship, she graduated with Master of Science (M.sc in Governance and Development Management), from the International Development Department (IDD), School of Public Policy, University of Birmingham, England, United Kingdom with specialisation in Policy Analysis, Public Sector Reforms/ Change Management from University of Birmingham, England –United Kingdom.

Dr. Ekpa is one of the widely travelled Civil Servants whose capacity at work earned her visibility and confidence of her Superiors who relied on her to accompany or represent them at international engagements.

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PROPERTY & ENVIRONMENT

Experts at Lafarge’s Sustainability Webinar Insist on Circular Economy Bennett Oghifo Nigeria’s sustainable development depends largely on a circular economy, experts in various spheres of the nation’s economy have said.

These thoughts were expressed during the last of four sustainability webinar series by Lafarge Africa, which focused on “Roadmaps to Progressing the SDGs: Opportunities in Circular Economy and Science Technology Engineering and Mathematics.”

The four webinars, in terms of Lafarge Africa’s Sustainability webinar series, began on Wednesday, August 19 and ended on the 9th of this month. The first week of the webinar had thought leaders and speakers focus on ‘Environmental and Social Governance: A transformative approach toward accelerating the SDGs’; the second was on “Co-creating value through best practices in Private Public Partnership and

impact assessment for the SDGs”; the third webinar’s theme was, “Corporate Social Investments, Shared Value and National Development - Which Way Forward?”

The panelists at the last webinar were: Professor Aliyu Jauro, Director General, National Environmental Standards and Regulation Enforcement Agency; Mr. Tanko Ibrahim, Managing Director, Peugeot Automobile Limited; Mr. Anxel Pieters, Corporate and Regional Head, Geocycle; and Dr. Ainojie Alex Irune, Chief Operating Officer, Oando Energy Resources. The host was Khaled El-Dokani, Country Chief Executive Officer, Lafarge Africa. The webinar was moderated by Mr. Wole Famurewa, Presenter, CNBC Africa.

Mr. Anxel Pieters, Corporate and Regional Head, Geocycle said 2 billion tonnes of waste is produced globally every year and

that presently only 90 per cent is treated and the non-treated linearly goes into a landfill and sometimes into waste incinerator which is not too safe.

He said only 10 per cent goes into more circular approach, but that 90 per cent of the waste can actually be circular treated.

“Waste is a very important chain into the circular economy and in also preserving our earth. We are polluting the ocean with 12 million tonnes of plastic in a year, which is a waste; actually it should be a resource.”

He said landfills are building up, with more population, and urbanisation, and with people living close together. “We see it everywhere in the world and in Nigeria where more people live in the city, producing more waste.

So, it becomes an accelerating scenario where things get out of control and I think we are close to a situation where we have to take circular approach

to save the earth from polluting by having cleaner air, cleaner soil, cleaner rivers and cleaner oceans.”

He said the mature markets in the world where environmental

protection is at a higher level, “it’s been a lot of business, a lot of employment for people but on top of it is giving nice and clean environment for people to live in.”

People do not want to live close to landfills, which were in the outskirts of cities 20 years ago, but because of the growing city, they are now in the city and is now a big problem, he said.

L-R: BRG media consultant, Mr. Hassan Ismail; former Group Managing Director/CEO, Access Bank Plc, Obinna Nwosu; and Managing Director/CEO, Numero Homes, Mrs. Omowunmi Olalere, during the opening of GreenIvy Estate in Ibeju, Eti-Osa, Lagos… recently

Nigerians Urged to Compete in NAHB 2020 Global Innovation Award Bennett Oghifo Real estate developers in Nigeria now have an opportunity to compete in the International Home of the Year category of the U.S.A National Association of Home Builders (NAHB) 2020 Global Innovation Awards (GIA).

The NAHB is now accepting entries for its 2020 GIA through October 29, 2020. The GIA programme annually recognises the most cutting-edge, advanced and original products, services and homes from around the world.

Niche PR, a Nigerian based Public Relations company, which has been working with NAHB for over a decade in recruiting participation at their Shows and customised training programmes, is encouraging companies and institutions to leverage this opportunity to bring to international focus their businesses.

According to Chief Executive of Niche PR, Mrs. Marcella Iyitor, “Nigerians have increasingly developed innovations that should get global attention. One of such projects is Eko Atlantic Nigeria’s new Global City. Eko

Atlantic is an emerging city unlike any other. Rising on land reclaimed from Atlantic Ocean, it is a symbol of Nigeria’s proud and ambitious spirit.”

“We are therefore happy to encourage and support Nigeria’s housing development stakeholders submit applications for this global recognition to continue to make our country proud, even as we celebrate our 60 years of Independence.”

She said in a statement that NAHB encourages all participants to submit applications for each eligible project, product and/or service in three categories: Product of the Year; Educational Service or Technology of the Year; and International Home of the Year.

“This year we are excited to announce that we have added a new category, International Home of the Year,” said Jillian Pritchard Cooke of Wellness Within Your Walls and 2020 Global Innovation Awards Chair. “We look forward to honoring the global building industry leaders as part of the 2021 NAHB International

Builders’ Show in February.”

Past GIA winners and finalists have stated the benefits of participating in the awards competition: “Winning this award has added more credibility to our company, more than any marketing campaign in our 25-year history,” said Ken Calligar, CEO of RSG3D Mexicali, Mexico. “In a world needing resilience and energy efficiency, RSG3D was recognized as a leader in exterior and interior wall, ceiling, floor, and roof panel technology.”

Mick Fabar, president of Green Home Builders Australia, an international building franchise company based in Sydney, is GIA 2019 recipient. “We are so proud to have been recognized by NAHB for our educational and training program,” said Fabar.

Our building science education incorporates innovative energy strategies, water conservation, preservation techniques and universal design.”

Two-time GIA winner Alex Levy, President of Hillside Software London UK, Johannesburg, South Africa said that,

Dolapo Osinbajo, Environmentalists Seek Actionable Plan to Protect Green Ecosystems Oluchi Chibuzor As the world battles with an unprecedented rate of infectious disease in the last few years, wife of the Vice President, Mrs. Dolapo Osinbajo, and environmentalists have expressed the need for actionable plans to protect the diverse green ecosystems of the country.

Speaking at the DAWN project prize-giving webinar organised in celebration of World Environmental Health Day, Osinbajo acknowledged that Nigerians care for their treasured ancient resources.

“The theme of a plea for a Green Nigeria: Does anyone care? Yes, we care. I believe this question is posed to provoke an answer. Not just an answer; but a drive to find a solution.

Not just a solution, but a plan

of action that is powered by those who care. Yes we care about our green, our plants, vegetables, vegetation.

“I hope that our conversation today will be around these three; to repair what is broken, to stop the felling of our trees, and the disregard for our green; to restore by tree-planting just as we heard now, to restore by information dissemination; and then to redirect through sharing of knowledge and best practices on how to maintain our green- our good and green Nigeria,” she said.

Highlighting the significance of the DAWN project, the co-founder, DAWN project, Dr, Pamela Ajayi said the celebration “underscores the need for a collaborative effort in keeping the environment healthy.”

On his part, Founder, Creation Care, Desmond Majekodunmi, said the emergence of COVID-19 only ascertain that the need “for a swift behavioural change to bring back the ecosystem to at least 25 per cent green status.”

Also, the Lagos State Commissioner for Health, Professor Akin Abayomi, emphasised the commitment of Governor Babajide Sanwo-Olu to the state’s Biosecurity Integrity Act. The commissioner said: “The Biosecurity Integrity Vote which is in draft form at the moment, eventually it would become an Act.” There was poetry competition and over 1,648 entries were received with winners in different categories. For ages seven to 14, Ada Udeh, Satomi James, Daniel, emerged first, second and third, respectively.

“introducing new technology to the home building industry has always been a challenge.

Our NAHB membership and the GIA program have been invaluable in helping us reach U.S. members.”

The Global Innovation Awards (GIA) recognises the most cutting-edge, advanced, original products, services, and education. This year the Global Innovation Awards introduces a new category – The International Home of the

Year. This award is open to all global citizens including land planners, architects, engineers, designers, builders and developers! “On the Boards” entries (a comprehensive project that is paper-ready for commencement of construction) are eligible and encouraged.

The closing date for award application acceptance is Thursday, October 29, 2020.

All finalist and winners will be recognised as part of the 2021 NAHB International Builders’

Show in February.

The NAHB is a Washington, DC-based trade association whose mission is to enhance the climate for housing and the building industry. Founded in 1942, NAHB serves the needs of more than 140,000 members, who include home builders, remodelers and suppliers of building materials, as well as professionals in new home financing, sales and marketing, and building products and services.

Investments in Hygiene, Sanitation and Water are Key to Fighting COVID-19 Muyatwa Sitali A break from the past is needed to Build Forward Better. Going back to the old normal is not the way forward. COVID-19 has taught us that a world where nearly half of its population does not have what they need to properly wash their hands at critical times is not a safe world.

We are delicately and dangerously connected. A disease which started in one city has touched every corner of the world in just a few months. Washing hands at critical times is a crucial defender of our health. If anyone of us is unable to do so because they lack soap, water, or both, then all of us are at risk of life-threatening diseases. Moving forward, when we build the future that we need, we should make sure to invest in the things that matter, however small or inconsequential they may seem.

Last year my car had a slow puncture. I kept pumping in more air in the tyres whenever the pressure got low. It was cheaper to do so at that time, but it eventually cost me more as the costs kept adding up over time.

Until I replaced the tyres, the worry of the problem

getting worse never left me. Similarly, COVID-19 has not only caused a slow puncture in our lifestyle- it has affected nearly everything so quickly. It has ripped through most of our economies and almost brought global economic activity to a standstill.

Our response cannot be temporal, half-baked, or hap-hazard. We will spend more time and resources in one way or the other if we fail to fix the problem right at this time.

The next public health pandemic should find us better prepared and equipped, but we will not be able to achieve that if we keep mopping the floor and keep failing to fix the leaking tap.

Building the future we need requires us to build forward better and to channel resources quickly and effectively, especially for those who are most vulnerable and are likely to be most hit by the ongoing or the next pandemic. In addition to vaccines and curative health, emerging responses for COVID-19 must deal with preventative measures. Especially ensuring that water and soap are always available to all - they are vital to hand washing, which is our first line of

defense against COVID-19 and several other diseases.

COVID-19 has found a path of least resistance through communities where handwashing is a luxury, social distancing is nearly impossible and where the choice to buy a mask competes with the choice to buy food or medicines.

Also, affected are the communities where water and sanitation services are either missing or are awfully inadequate. The researchers at the University of Oxford, Godfred Amankwa and Christian Fischer looked at the correlation between COVID-19 fatalities and poor water, sanitation and hygiene (WASH) services.

Their findings, even if only drawn from Sub-Sahara Africa, are very telling. They “found a strong correlation between a higher case fatality rate and poorer access to safe drinking water as well as safe sanitation.” The correlation was stronger for poor sanitation, which typically has lagged even far behind the access to water even before COVID-19. We, therefore, need an urgent break from the past to Build Forward Better.

-Sitali is Head of Country Engagement, Sanitation and Water for All

32

T H I S D AY Ëž Í°ÍˇËœ 2020

BUSINESS/MONEYGUIDE

Olalere: Despite Govts’Interventions, Housing Deficit Still Huge Ayodeji Ake The Chief Executive Officer, Numero Homes Global Resources, Mrs. Omowunmi Olalere, has pointed out that despite the federal government’s efforts to bridge the housing deficit gap across the country, a lot of Nigerians still do not have access to decent homes.

Addressing newsmen at the at the recent grand opening of Green Ivy Estate in Lagos, Olalere noted the government has established enough schemes for affordable housing units but the major problem remains access to information.

She said: “As it is now the housing deficit in Nigeria is above 22 million which also means they do not have access to decent homes. The government has actually set out different platforms of programs to bridge

the housing gap such as: Lagos Homes, National housing funds, yet there are still insufficient to bridge the gap of housing deficit but what Numero Homes has set out is that we have found out that the major challenge is information. “Most people do not have access to government own initiative and other real estate benefits. “We have set out four Numero Homes special packages called: Individual Advantage, Friends Advantage, Couples Advantage and Business Advantage. The Friends Advantage simply means friends pulling funds together to acquire a property, this has proven that we also encourage working as a team.�

Olalere, disclosed that while funding remains an unavoidable challenge in the real estate business, Numero Homes is projecting over 10,000 housing units across

the country in the next five with affordable payment schemes with the support of partnership and investors. “Our first project is coming up in Mowe, Ogun state and we are looking at doing about 200 units and in the next five years we are looking at doing over 10,000 housing units across Nigeria. We are looking at all the prime cities. “Funding is an issue but the government has put up initiatives people can easily access, what we need to do is to get the necessary documentation and get access.

We are also looking forward to investors. “I belong to a network whereby individuals can also invest their money. “At the moment we don’t have any partnership with the bank but as it goes we might have to partner with mortgage bank,� she said.

Buhari

MARKET INDICATORS

FCMB, Others Call for More Impact Investing in Africa Impact investors, business owners and other stakeholders in Africa have been urged to transform the challenges posed by the novel coronavirus (COVID-19) pandemic into opportunities by going into strategic partnerships across different sectors nationally, continentally and internationally.

In addition, they have been enjoined to place emphasis on impact investment, as part of the COVID-19 pandemic recovery process, to fast-track economic growth and development.

These were the submissions at a virtual conference, under the theme, ‘’Investing in the New Normal: A Call for Impact Investing in Africa’’, organised by The Funding Space (an access to finance, impact investing, training and networking platform)

in collaboration with First City Monument Bank (FCMB).

The conference, which recorded over 1,100 registered participants from 18 countries across the world and prominent speakers from 10 countries, was held recently.

It provided a platform for diverse expert discussions with leaders in government, financial and investment sectors, international development institutions, innovators, donors and entrepreneurs, to have more insights into enhanced impact investing and exploring opportunities for the growth of African entrepreneurs and what the new normal caused by the COVID-19 pandemic should look like.

The experts spoke on various topics, ranging from, the Policy

& Practice on Impact Investing in mid/post COVID-19 Africa, Outstanding Impact Investing Examples during COVID-19, Diaspora & Impact Investing in Africa and Strategies to make this a reality as well as Gender Lens Investing: Trends & Community Building in Africa.

Among the speakers at the virtual conference were the Minister of Trade, Industry and Investment, Otunba Adeniyi Adebayo; The Minister of Women Affairs, Dame Pauline Tallen; Governor Babajide Olusola Sanwo-Olu of Lagos State, (who was represented by the Special Adviser, SDGs and Investment, Mrs. Solape Hammond) and the Chief Executive Officer of the Nigerian Stock Exchange, Mr. Oscar Onyema.

Firm Moves to Establish Threading, Valve Assembly Plant Peter Uzoho As part of the efforts to deepen local content in the country and conserve foreign exchange, a $10 million Threading and Valve assembly facility is being set up at the Lekki Free Trade Zone, Lagos, by Bell Oil and Gas. The integrated facility would provide a range of piping and tubular services for the oil and gas industry. It would also have a Valve assembling plant, maintenance workshop, testing plant, a composite fabrication facility and also serve as a befitting fabrication yard in general.

The project which kicked off with the groundbreaking ceremony recently, witnessed by officials of the Nigeria Content Development and Monitoring Board (NCDMB), would play a very critical role by providing these services for the production of oil and gas.

Some of these services are currently imported into the country at huge cost to the economy.

Speaking at the occasion, the Executive Secretary of the NCDMB, Mr. Simbi Wabote, who was represented by the Board’s Director of Content and

Evaluation, Tunde Adelana, said as Nigeria celebrates her 60th year of independence, he believes that projects like this would terminate the country’s dependence on massive importation of Threaded pipes so that she can derive the attendant economic benefits.

He said the establishment of a facility that would make it possible to assemble Threaded OCTG pipes and Valves in-country was welcome, in addition to the list of existing assembly plants in the country as it is set to meet the key energy needs in the oil and gas sector.

GPC Logistics Unveils New Identity, Appoints New Chairman GPC Energy and Logistics, one of the nation’s fastest growing logistics firms, has revealed the company’s new brand identity. In a statement, the MD/CEO of GPC, Elvis Okonji, said the move was reflective of the changes in the stature and personality of GPC as a, “future forward� brand. He explained that coming on the heels of the company’s 10th year anniversary, the development was strategic. “Commencing operations

with only 5 units of used Mack trucks and one client (Lafarge), GPC has metamorphosed into a major player in the logistics space operating a fleet of over 700 (brand new) trucks. “Parading a team of thoroughbred and passionate professionals, the company leverages big data from market intelligence and historical records in its decision making, strategy formulation, product development, relationship, and employee management,

to deliver value-added services to its clients,� the statement added.

As part of its repositioning, GPC Energy and Logistics also announced the appointment of a new board Chairman, Dr. Mike Ozemhoka Asekome.

The other new appointees to the board include: Oba Jimoh Famuyiwa, (the Onipapa of Papalanto in Owu Kingdom, Ogun State, Nigeria); Vivian Isioma Okwudike and Uzoma Francis Christopher.

MONEY AND CREDIT STATISTICS

(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

Ëž Ă™Ă&#x;ĂœĂ?Ă? Ě‹

Money Market Indicators (in Percentage) Month

March 2018

Inter-Bank Call Rate

15.16

Minimum Rediscount Rate (MRR) Monetary Policy Rate (MPR)

14.00

Treasury Bill Rate

11.84

Savings Deposit Rate

4.07

1 Month Deposit Rate

8.82

3 Months Deposit Rate

9.72

6 Months Deposit Rate

10.93

12 Months Deposit Rate

10.21

Prime Lending rate

17.35

Maximum Lending Rate

31.55

Ëž Ă™Ă˜Ă?ĂžĂ‹ĂœĂŁ ÙÖÓĂ?ĂŁ Ă‹ĂžĂ? Ě‹ ͯ͹Ϲ

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

The price of OPEC basket of thirteen crudes stood at $41.93 a barrel on Friday, compared with $41.22 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 Ëž Í°ÍˇËœ Í°ÍŽÍ°ÍŽ

Stockbrokers Reaffirm Planned Trading On FMDQ Securities Platform Goddy Egene The Association of Securities Dealing Houses of Nigeria (ASHON) has re-affirmed that its members would soon commence trading on the FMDQ Securities Plc. This followed the submission of the final report of the Relationship Committee set up by the Association’s Governing Council. The report is to be considered and implemented.

The Chairman of ASHON, Chief Onyenwechukwu Ezeagu, confirmed this while addressing members of the association during the virtual annual general meeting (AGM). “In our resolve to create new streams of income for our members, we intensified efforts through the FMDQ Committee to establish a trading relationship with the FMDQ. The committee has submitted its final report

P R I C E S MAIN BOARD

F O R DEALS

and we are at the last stage of onboarding our members to trade on the FMDQ platform,�

Ezeagu said.

Corroborating him, Public Relations Officer, ASHON, Ms Ify Ejezie, explained that the onboarding processes, training and fixing of applicable fees would be seamless.

ASHON has been on the vanguard of ensuring that its members take advantage of an array of business opportunities

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

QUANTITY TRADED

VALUE TRADED ( N )

created by the emergence of more Securities Markets such as FMDQ, NASD OTC Plc and Lagos Commodities and Futures Exchange (LCFE).

The move is expected to reverse the current situation whereby stockbrokers are not so active in trading fixed income securities on the FMDQ , whereas the financial instrument was the hub of transaction on the Nigerian Stock Exchange in the past.

T R A D E D MAIN BOARD

A S

The umbrella body for all securities dealing houses in Nigeria was formerly known as Association of Stockbroking Houses of Nigeria until last year, when the name was changed to reflect the enlarged functions of its members.

This is consistent with the proposed Bill that will recognise stockbrokers as securities dealers as against the current narrow perspective of their roles being limited to dealing in equities

O F

only.

Meanwhile, speaking on the demutualisation of the NSE, Ezeagu told the members that the project was delayed due to the outbreak of COVID-19 pandemic, explaining that it has started to gain traction. According to him, the documents are already with the Corporate Affairs Commission (CAC) and Securities and Exchange Commission (SEC) for final approval.

2 6 / 0 9 / 2 0 2 0 DEALS

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N)

TUESDAY SEPTEMBER 29, 2020 ˾ T H I S D AY

34

INTERNATIONAL

Trump’s Taxes National Security Issue, Says Pelosi The Speaker of the United States’ House of Representatives, Nancy Pelosi, has called President Donald Trump’s alleged tax avoidance a question of “national security”.

Pelosi questioned whether Trump owed money to foreign interests following a disclosure of his financial records by the New

York Times.

Among the revelations is that Trump paid $750 (£580) in federal income tax in 2016 and 2017.

Trump called the report “fake news”.

Speaking on NBC, Pelosi said the report shows that “this president appears to have over $400m in debt”.

“To whom? Different countries?

What is the leverage they have?” she asked, adding: “So for me, this is a national security question.”

“The fact that you could have a sitting president who owes hundreds of millions of dollars that he’s personally guaranteed to lenders, and we don’t know who these lenders are,” she said, and suggested that Trump may be indebted to Russian President Vladimir Putin. “What does Putin have on the president politically?

Personally? Financially?”

According to the explosive report in the New York Times which says it obtained tax records for Trump and his companies over two decades - Mr Trump paid no income taxes at all in 10 of the previous 15 years. It adds that the president is personally responsible for more than $300m in loans, which will come due in the next four years.

It does not suggest Trump received any previously unknown ties to Russia, though it revealed that the president has earned some money from foreign sources.

The records reveal “chronic losses and years of tax avoidance”, it says.

“Actually I paid tax. And you’ll see that as soon as my tax returns - it’s under audit, they’ve been under audit for a long time,” he told reporters after the story was published on Sunday.

“The IRS [Internal Revenue Service] does not treat me well… they treat me very badly,” he said.

Mr Trump has faced legal challenges for refusing to share documents concerning his fortune and business. He is the first president since the 1970s not to make his tax returns public, though this is not required by law.

The New York Times said the information scrutinised in its report was “provided by sources with legal access to it”.

The report came just days before Trump’s first presidential debate with Democratic rival Joe Biden and weeks before the 3 November election.

The Times said it reviewed tax returns relating to President Trump and companies owned by the Trump Organization going back to the 1990s, as well as his personal returns for 2016 and 2017.

It said the president paid just $750 in income taxes in both 2016 and 2017, while he paid no income taxes at all in 10 of the previous 15 years, “largely because he reported losing

much more money than he made”.

Before becoming president, Mr Trump was known as a celebrity businessman and property mogul, building an image of a hugely successful self-made billionaire which could be dented by the latest revelations, observers say.

But the newspaper says his reports to the IRS “portray a businessman who takes in hundreds of millions of dollars a year yet racks up chronic losses that he aggressively employs to avoid paying taxes”.

According to the US Bureau on Labor Statistics, the average American household paid $9,302 in federal income tax in 2018, on an average earnings figure of $78,635.

In an annual financial disclosure that he is required to make as president, President Trump said he made at least $434.9m in 2018. The newspaper disputes this, alleging that his tax returns show the president had instead gone into the red, with $47.4m in losses.

However, Trump has said the New York Times allegations are “fake news”.

He added that the tax authorities in the US had treated him “very badly”.

The Trump Organisation joined the president in denying the allegations in the report. The company’s chief legal officer, Alan Garten, told the Times that “most, if not all, of the facts appear to be inaccurate”.

Spain’s Top Court Bans Catalonia Leader from Office Spain’s top court has upheld a decision to ban Catalonia’s separatist leader Quim Torra from holding public office.

The case stems from Mr Torra’s refusal to take down a pro-independence symbol from a government building ahead of last year’s general election.

He was found guilty of disobeying a court order to remove the banner, and will now be forced to stand down.

The Supreme Court’s decision to uphold Mr Torra’s 18-month ban triggered immediate calls for protests.

It is not yet clear when the ban will take effect, but Catalonia’s high court is expected to rule on this imminently.

Catalonia, home to Barcelona, is a semi-autonomous region in north-eastern Spain with about

7.5 million people.

Its drive for independence plunged Spain into its biggest political crisis in 40 years in 2017.

The region had its autonomy suspended for almost seven months by Madrid after a failed bid to break away. “(Mr Torra) repeatedly and stubbornly disobeyed the orders of the Central Electoral Board to remove certain symbols from public buildings belonging to the [regional government] during the electoral process,” the Supreme Court judges said in their ruling on Monday.

The 57-year-old defended himself on the grounds of freedom of expression and had been appealing against an earlier verdict in a lower court.

But the judges said he had defied a constitutional body and

rejected his appeal.

It is believed deputy Catalan leader Pere Aragones will become the region’s acting head.

Mr Torra, a staunch separatist, was elected in May 2018 as a relative newcomer to politics. He pledged that his new government would “build an independent state in the form of a republic” In October last year, the Supreme Court sentenced nine Catalan politicians and activists to jail terms of between nine and 13 years over the 2017 independence bid.

“Supreme shame,” Jordi Turull, one of the jailed leaders, wrote on Twitter after Monday’s ruling.

“Once more, the Spanish state interferes in our democratic institutions,” Mr Torra’s predecessor, Carles Puigdemont, wrote.

Togo Appoints First Woman Prime Minister Togo’s President Faure Gnassingbe on Monday named the first ever female prime minister to head the government in the West African nation.

Victoire Tomegah Dogbe, 60, replaces Komi Selom Klassou, who resigned on Friday.

A close ally of the president, she has served as his chief-of-staff since 2009.

Togo had been due for a government reshuffle since

Gnassingbe was reelected in February for a fourth term in office, but the changes were delayed by the coronavirus pandemic.

The president’s election win, which came after a constitutional change allowing him to run, extended more than a halfcentury of dynastic rule by the Gnassingbe family over the former French colony.

The victory was disputed by

the main opposition challenger, who has faced official harassment in the wake of the vote.

The president has led the country of eight million people since taking over in 2005 following the death of his father Gnassingbe Eyadema, who ruled for 38 years.

Togo’s economy has been hit by the pandemic as the authorities have imposed restrictions to limit the spread of the virus.

TUESDAY SEPTEMBER 29, 2020 • T H I S D AY

35

36

TUESDAY, SEPTEMBER 29, 2020 ˾ T H I S D AY

MARKET NEWS

PZ Cussons Shareholders Approve Property Sale to WAMCO Goddy Egene Shareholders

of

PZ

Cussons

Nigeria have authorised their Board of Directors to sell a portion of land within its

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

Ikorodu Industrial Estate,Lagos, to FrieslandCampinaWamco Nigeria Plc. The approval was given at 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 25Sep-2020, unless otherwise stated.

extraordinary general meeting (EGM) last week. The Chairman, PZ Cussons Nigeria Plc, Chief Kola

Jamodu, explained the sale of the immovable assets will lead to an increase in the retained earnings

of PZ Cussons Nigeria Plc “by unlocking value in the company’s real property assets.”

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 0.95 0.96 5.15% ACAP Income Funds 0.79 0.79 10.37% 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 5.44% AIICO Balanced Fund 3.11 3.21 27.00% 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 2.35% Anchoria Equity Fund 104.43 104.79 2.39% Anchoria Fixed Income Fund 1.32 1.32 13.64% 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 14.91 15.36 -2.64% ARM Discovery Fund 348.69 359.21 0.94% ARM Ethical Fund 30.88 31.81 6.18% ARM Eurobond Fund ($) 1.13 1.14 13.45% ARM Fixed Income Fund 1.09 1.10 9.36% ARM Money Market Fund 1.00 1.00 4.16% AXA MANSARD INVESTMENTS LIMITED investmentcare@axamansard.com Web: www.axamansard.com; Tel: +2341-4488482 Fund Name Bid Price Offer Price Yield / T-Rtn AXA Mansard Equity Income Fund N/A N/A N/A AXA Mansard Money Market Fund N/A N/A N/A CAPITAL EXPRESS ASSET AND TRUST LIMITED info@capitalexpressassetandtrust.com Web: www.capitalexpressassetandtrust.com ; Tel: +234 803 307 5048 Fund Name Bid Price Offer Price Yield / T-Rtn CEAT Fixed Income Fund 2.19 2.19 19.05% Capital Express Balanced Fund(Formerly: Union Trustees Mixed Fund) 1.89 1.91 12.27% CHAPELHILL DENHAM MANAGEMENT LTD investmentmanagement@chapelhilldenham.com Web: www.chapelhilldenham.com, Tel: +234 461 0691 Fund Name Bid Price Offer Price Yield / T-Rtn Chapelhill Denham Money Market Fund 100.00 100.00 4.97% Paramount Equity Fund 11.98 12.19 -4.32% Women's Investment Fund 113.69 114.79 3.01% CORDROS ASSET MANAGEMENT LIMITED assetmgtteam@cordros.com Web: www.cordros.com, Tel: 019036947 Fund Name Bid Price Offer Price Yield / T-Rtn Cordros Money Market Fund 100.00 100.00 3.95% Cordros Milestone Fund 2023 109.96 110.43 Cordros Milestone Fund 2028 122.11 123.02 Cordros Dollar Fund ($) 102.89 102.89 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 3.34% Coronation Balanced Fund 0.98 0.99 5.80% Coronation Fixed Income Fund 1.60 1.60 20.50% 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 3.73% EDC Nigeria Money Market Fund Class B 1,000,000.00 1,000,000.00 2.36% EDC Nigeria Fixed Income Fund 1,188.94 1,202.41 7.19% 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 1,428.94 1,430.67 16.95% FBN Balanced Fund 155.99 157.08 6.25% FBN Halal Fund 108.59 108.60 8.59% FBN Money Market Fund 100.00 100.00 4.17% . . . .

FBN Nigeria Eurobond (USD) Fund - Retail 120.49 120.93 3.74% FBN Nigeria Smart Beta Equity Fund 117.80 119.63 -9.48% 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 3,204.09 3,277.53 5.98% Coral Income Fund 3,199.22 3,199.22 4.01% FSDH Treasury Bills Fund 100.00 100.00 4.04% 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 121.45 120.92 11.91%

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 3.35% Vantage Balanced Fund 2.27 2.32 3.96% Vantage Guaranteed Income Fund 1.00 1.00 7.84% Kedari Investment Fund (KIF) 151.03 151.77 5.37% 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 1.23 1.25 8.78% Lotus Halal Fixed Income Fund 1,141.63 1,141.63 7.78% 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 1.35 1.37 10.72% PACAM Fixed Income Fund 11.92 11.88 5.41% PACAM Money Market Fund 10.00 10.00 3.20% PACAM Equity Fund 1.12 1.13 PACAM EuroBond Fund 108.30 110.89 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 120.39 122.82 -1.46% 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 7.28% 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 8.03% Stanbic IBTC Bond Fund 210.33 210.33 5.29% Stanbic IBTC Ethical Fund 0.88 0.89 2.78% Stanbic IBTC Guaranteed Investment Fund 273.87 273.95 6.09% Stanbic IBTC Iman Fund 154.92 156.64 7.14% Stanbic IBTC Money Market Fund 100.00 100.00 3.36% Stanbic IBTC Nigerian Equity Fund 7,674.15 7,756.30 -0.48% Stanbic IBTC Dollar Fund (USD) 1.21 1.21 4.08% Stanbic IBTC Shariah Fixed Income Fund 109.60 109.60 5.17% 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 1.17 1.20 -1.54% United Capital Bond Fund 1.86 1.86 7.35% United Capital Equity Fund 0.66 0.68 -6.59% United Capital Money Market Fund 1.00 1.00 4.42% United Capital Eurobond Fund 114.91 114.91 5.14% United Capital Wealth for Women Fund 1.02 1.03 -2.19% 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 10.53 10.65 2.47% Zenith Ethical Fund 11.70 11.79 0.60% Zenith Income Fund 24.42 24.42 6.82% Zenith Money Market Fund 1.00 1.00 3.48%

REITS NAV Per Share

Fund Name SFS Skye Shelter Fund

Yield / T-Rtn

118.13

5.31%

53.51

2.80%

Bid Price

Offer Price

Yield / T-Rtn

8.93 89.69 69.12

9.03 91.62 70.38

7.15% -5.05% -8.01%

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

3.15 4.55 12.44 1.00 11.51 192.83

3.19 4.63 12.54 1.00 11.71 194.83

-11.34% -22.91% 2.45% 2.63% 10.72% 2.13%

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 29, 2020 ˾ T H I S D AY

37

24 HOURS...

24 HOURS...

Ijaw Professionals Warn FG against Water Resources Bill Ernest Chinwo in Port Harcourt

Professional groups in the Ijaw nation of the Niger Delta have said the federal government should not take the peaceful mien of the people of the region for granted

in its push to get the National Assembly pass the National Water Resources Bill into law.

In a communiqué issued at the end of a one-day virtual conference, the groups, led by the Ijaw Nation Development

Tinubu Salutes Oyetola at 66, Applauds His Achievements The National Leader of the All Progressives Congress (APC), Senator Bola Tinubu, has hailed the Osun State Governor, Mr. Gboyega Oyetola, for making the welfare and wellbeing of the people the raison d’etre of his government.

In a message to mark the governor’s 66th birthday anniversary, the former Lagos State governor argued that democracy must work to create and enhance the provision of its dividends to the people.

Tinubu noted that Osun State government has taken this guiding principle as an article of faith.

“Governor Adegboyega Oyetola has been doing just that in the last two years,. He has demonstrated his financial ingenuity and administrative

expertise. With little, the governor has done much. He is quietly but effectively making the difference in the lives of the people of the state,” Tinubu explained.

Tinubu explained that Oyetola’s giant strides in all sectors ranging from the economy, provision of infrastructure and the environment to health, security, justice and law are particularly remarkable.

“Building on the foundation laid by his predecessors, particularly by immediate-past governor, Rauf Aregbesola, Oyetola prioritised economic development and industrialisation. Today, he has placed Osun on the pedestal of economic stability, rejuvenation and prosperity,” he explained.

Aregbesola: Bandits Giving Impression Govt Can’t Protect People The Minister of Interior, Mr. Rauf Aregbesola, has condemned attacks on Nigerians, including security operatives in the Northwest states in Nigeria.

Aregbesola stated that bandits, whom he described as “enemy” and “cowards”, were out to create fear in the hearts of the people and give “false impression that government could not protect the people”.

The minister said this while delivering a keynote address at titled, ‘For Effective Border Control and National Security’, at the Passing Out Parade of the first batch of 285 Officers and Men of the Nigeria Immigration Service drafted for ‘Special Operation in the North-West’ in Kano State.

While giving an update on the programme, Aregbesola tweeted that this first set of officers and men are part of 2,000 personnel of the service to be drafted and trained for the operation, which is designed primarily to tackle the security challenges in the North-Western states in Nigeria.

He said, “The operation is a

formulated campaign resulting from the peculiar security scenario of the North-West that shares some characteristics with insurgency.

“This is usually a medium or low-level conflict in which the enemy appears from hiding to launch a surprise but cowardly attacks on usually unarmed innocent civilians and sometimes military personnel or public infrastructure.

“They hurriedly leave before adequate response could arrive and then vanish into thin air. So, they appear to disappear and then reappear and disappear again. They ordinarily could not withstand government forces in muzzle to muzzle fighting. They would be crushed and routed in hours.

“But their objective is to do maximum damage, using the element of cowardly attack in order to strike fear in the hearts of the people and embarrass government by giving the false impression that government could not protect the people.”

Labour Issues 14-day Ultimatum to Kwara over Minimum Wage Hammed Shittu in Ilorin Organised labour unions in Kwara State under the aegis of Joint Kwara State Labour Congress (JKLC) yesterday issued the state government a 14-day ultimatum to sign the N30,000 new minimum wage into law or risk industrial action.

The state government, in a swift response, said in a statement issued by the governor’s Chief Press Secretary, Mr. Rafiu Ajakaye, that negotiation is ongoing based on the existing mutual relationship between the government and the organised labour unions in

the state.

The organised unions made their decisions known in a resolution at the end of its congress signed by the state Chairmen of Nigeria Labour Congress (NLC), Trade Union Congress (TUC) and state Joint Negotiating Council (JNC), Aliyu Issa Ore,Ezekiel Adegoke and Saliu Suleiman respectively, a copy of which was made available to journalists in Ilorin.

The organised labour in state also accused the state government of not remitting union dues and third party deductions among other sundry allegations.

Group (INDG), noted that the bill is a product of another undisclosed and ill-timed agenda and an assault to the identity and existence of Ijaw people.

The communiqué was signed

by Denzil Amagbe Kentebe for INDG; Mr. Elaye Otrofanowei for Ijaw Professionals Association (IPA); Efiye Bribena , Ijaw Elders Forum (IEF); Ijaw Nation forum (INF), Mrs. Ebiere Fumudor, Ezon Ladies Association (ELA); Comrade Joseph

Eva, Ijaw Monitoring Group (IMG); Iniruo Will, Embasara Foundation; Mrs. Rosemary Oduone (IWC); and Dennis Banigo (Convener INDG).

The professionals said, “The Ijaw nation has suffered marginalisation and deprivation in various forms, despite being the ‘cash cow’ of the nation, via its oil reserves. In the face of all these, they have remained a calm and peaceful people. However, it must be noted that peace does not mean acquiescence; and there

are limits to peace.”

They insisted that water is like air to the Ijaw man or woman and that any attempt by the federal government to control the use of water would be tantamount to taking life out of the people of the Niger Delta region, after taking away their oil.

The communiqué stated: “Ijaw communities and other ethnic nationalities of the Niger Delta region, have been in control of the Water Resources of the region, as well as

all its natural resources (oil and gas, and agricultural farmlands), before the amalgamation of the entity called Nigeria. It has without question, applied these resources uninhibited, to the greater good of the Nigerian economy, before the progressive distortion of our federal structure. Thus current attempt to control its waterways is viewed as yet another assault.

And the reactions therefore, are considered as such.”

SUSTAINING EXCELLENCE...

L-R: Chairman of Board of Trustees, Corona Secondary Schools, Mr. Niyi Yusuf; School Administrator, Corona Day Secondary School, Lekki, Mr. Anthony Ilobinso; Chairman, Corona Schools’ Trust Council, Hon. Justice Bukunola Adebiyi; Trustee, Corona Schools Trust Council, Mr. Adedotun Sulaiman; and Chief Executive Officer, Corona Schools Trust Council, Mrs. Adeyoyin Adesina, at the official opening of Corona Day Secondary School, Lekki, Lagos... yesterday

FG: Arts Plays Special Role in National Unity Olawale Ajimotokan in Abuja The Minister of Information and Culture, Alhaji Lai Mohammed, has stressed the importance of arts as a vehicle that will promote Nigeria’s unity.

He stated this in Abuja yesterday at the opening ceremony of the Historical Exhibition, one of the events organised for the celebration of Nigeria’s Diamond

Jubilee.

“I am glad to note that our artists are not mere imitators.

Rather, they work from intimate understanding, knowledge and experience of local life, which they are part of. Only in this way can Arts be meaningful and fulfill a need to identify and express ourselves as Nigerians, thus enhancing our attitudes which will help to strengthen our unity,”

he said.

Speaking on the theme of the 60th Independence Anniversary, ‘Together’, Mohammed described art as a medium of interpreting society, its characteristics, and the way of life of its people, adding that the enthusiasm and the superficialities constitute a constant appeal that promotes unity in diversity.

He said the government is

using the Historical Exhibition to reflect on the society, its way of life, realities, dreams and vision for the future.

“Exhibitions are a mirror of the society. They depict our way of life, realities, dreams and vision for the future. They encapsulate our creative spirit and embody our innate abilities to re-invent ourselves, especially because of this pandemic,” the he said.

PDP Condemns Akeredolu’s Comment on Mimiko, Kumuyi Chuks Okocha in Abuja The Peoples’ Democratic Party (PDP) National Campaign Council for Ondo Governorship Election yesterday condemned a comment that was attributed to the Ondo State Governor, Mr. Rotimi Akeredolu, which stated that a

former Governor of the State, Dr. Olusegun Mimiko is his enemy for life as a hate speech and act of political terrorism.

The PDP’s campaign council expressed shock at Akeredolu’s comment on a national television on Sunday that declared Mimiko his “enemies for life” for rejecting

him and his party, the All Progressives Congress (APC) ahead of the October 10, 2020, governorship elections.

The party, in a statement by its National Publicity Secretary, Mr. Kola Ologbondiyan, said that Akeredolu’s comment that the former governor and a former

Chief Judge, Justice Seyinde Kumuyi “are my enemies for life because they chose to support someone else. I hope God will forgive me” was an irresponsible hate speech and the highest form of political terrorism in Nigeria’s contemporary history, which must be condemned by all.

Healthplus Debunks Purported Termination of Mgt Agreement Lawyer faults attempted takeover by UK firm Peter Uzoho A pharmaceutical retail outfit, Healthplus Limited has debunked the alleged termination of the management agreement between it and the Chief Executive Officer of the company, Mrs. Olubukunola

George.

This is coming as a Lagosbased lawyer, Mr. Femi Ojumu, has criticised the attempt by a United Kingdom private equity firm, Alta Semper Capital, to take over the pharmaceutical retail outfit, describing such move as immoral.

Healthplus stated this yesterday in a letter entitled: “RE: Termination of the Management Agreement between Healthplus Limited and Mrs. Olubukunola George, issued by its external solicitors, A. Muoka & CO and addressed to the authors of the

purported letter and directors of the company, Afsane Jetha and Zachary Fond.

It said the purported termination of George’s role as the company’s chief executive officer were improper and without any vires and should be disregarded entirely.

Gunmen Abduct Council Chairman in Kaduna

John Shiklam in Kaduna

The Chairman of Kaura Local Government Area of Kaduna State, Dr. Katuka Humble, has been reportedly abducted by suspected gunmen.

Sources said the incident occurred last Sunday as he was being conveyed on a bike to his farm located somewhere around Kiduni village in Chikun LGA

of the state.

The bandits were said to have opened fire at them, killing the bike man on the spot before taking the council boss away.

“The chairman was kidnaped on his way to the farm on Sunday.

The farm is located somewhere around Kiduni in Chikun LGA. I understand that a bike man was taking him to the farm. The bandits shot at them and killed

the motorcyclist and kidnapped the chairman,” the source said.

Spokesman of the state police command, Mr. Mohammed Jalige, did not respond to telephone calls and text message sent to his mobile phone when he was contacted.

Kaduna is one of the states in the country facing serious security challenges occasioned by incessant invasions of communities and

abductions for ransom.

Many residents around the suburbs of Kaduna metropolis, especially, residents of places like Damishi, Juji, Maraban Rido and Karji, are said to have relocated from their homes to safer places following rampant cases of invasions and abductions in their communities by dare devil gunmen.

38

Ëœ ÍşÎ Ëœ ͺ͸ͺ͸ Ëž T H I S D AY

TUESDAYSPORTS

Group Sports Editor Duro Ikhazuagbe Email duro.ikhazuagbe@thisdaylive.com 0811 181 3083 SMS ONLY

10,000 Fans to Watch Eagles’ Friendlies against Algeria, Tunisia in Austria Duro Ikhazuagbewithagency report Super Eagles first two games since the Covid-19 lockdown will have an average of 10,000 fans in the stands for each of the games

against Algeria and Tunisia next month.

Gernot Rohr’s wards are scheduled to play reigning AFCON champions, the Desert Foxes of Algeria on October 9 and follow up four days later

French Open: Serena, Nadal, Thiem Cruise into Next Round Serena Williams began her quest for a 24th Grand Slam title with a hard-fought win over fellow American Kristie Ahn in the French Open first round.

Sixth seed Williams, who turned 39 on Saturday, overcame a rusty start to win 7-6 (7-3) 6-0 in Paris.

Once she came through a 74-minute opener, Williams began to play with more belief and clarity as she swept Ahn

Serena Williams cruised into the next round of the French Open... yesterday

aside in a 27-minute second set.

Williams will play Bulgaria’s Tsvetana Pironkova in the second round.

Pironkova, 33, was handed a wildcard by Roland Garros organisers after a memorable run to the US Open quarter-finals where she lost to Williams- in her first tournament since 2017 after giving birth.

Pironkova set up the rematch with a 6-3 6-3 win over Germany’s Andrea Petkovic.

In the men’s singles, Spain’s 12-time champion Rafael Nadal encountered few problems as he started the French Open with a three-set win over Belarusian Egor Gerasimov.

Nadal, 34, wrapped up a 6-4 6-4 6-2 victory in two hours five minutes against the world number 83, who was making his main-draw debut in Paris.

American Mackenzie McDonald, ranked 211th, is Nadal’s next opponent.

US Open champion Dominic Thiem also moved into the second round with a 6-4 6-3 6-3 win over Croatia’s Marin Cilic.

NPFL: Anyansi Remains My Mentor, Says Coach Abd’Allah Ahead of the upcoming 2020/21 season, Wikki Tourist Head Coach, Usman Shariff Abd’Allah has yet appraise his performance in the Nigeria Professional Football League (NPFL), stressing he appreciated the platform he was offered with at Enyimba International Football Club under the aegis of its debonair Chairman Felix Anyansi-Agwu French-trained Abd’Allah first worked at his state’s owned Kano Pillars FC as an assistant while overseeing the club’s youth department programme on arrival in Nigeria after stints with clubs in France and Asia.

He then joined Enyimba initially as an assistant to Paul Aigbogun but was later promoted as Head Coach and Technical Adviser where his name travelled far and wide .

Known for his genial outlook and so much so noted for his straight-talking disposition particularly about things dear to his heart , Abd’Allah’s huge praise for Anyansi did not therefore come as a surprise. “ No matter what anybody may say, I would forever be grateful for the wonderful times I had at Enyimba because it was there that I became famous both in Nigeria and Africa,� remarked Abd’Allah who holds dual nationality as

a Nigerian-French. “How can I forget the club’s chairman, chief Felix Anyansi for all he did for me when I was there?

He gave me the platform to demonstrate what I can do and I would eternally be grateful to him.�

Following the departure of Aigbogun, Abd’Allah supervised Enyimba’s campaign in the 2018 CAF Confederation by leading them to the semifinals where they lost 3-1 on aggregate to the eventual champions, Raja Casablanca of Morocco.

He also led the People’s Elephants to the quarter-final group stages of the 2019 CAF Confederation Cup before they both parted ways in less than satisfactory circumstances.

with the clash with the Carthage Eagles of Tunisia at the same venue.

The three-time African champions Nigeria will use the tune up matches scheduled for the Jacques Lemans Arena in the southern town of Sankt Veit an der Glan in Carinthia State to prepare for the double header AFCON 2022 qualifier against Sierra Leone.

Ayoakinfe.com reported yesterday that Austrian government have given room for a maximum 10,000 fans to watch matches in the country as the European nation relaxes its coronavirus restrictions.

Locally in the Austrian league, only home fans are allowed to attend matches, with away fans

barred for now.

Head of Austria Bundesliga, Christian Ebenbauer said: “Football thrives on emotions, not only on the pitch but also on the stands. So it wasn’t an easy decision for clubs to take, to allow as many home fans as possible and to do without visiting clubs’ fans during the coronavirus restrictions.�

Nigeria gaffer, Gernot Rohr, penultimate midweek invited 25 players to prosecute both games, which will be the first time the team is getting together this year.

Only Leicester City’s Wilfred Ndidi who injured his groin and is ruled out for the next three months is to be replaced in the invited squad.

Nigeria’s last international

was a friendly against Brazil in Singapore in October, which ended 1-1.

Meanwhile, the Desert Foxes will be in Austria without at least six of their key players against Nigeria and their other friendly with Mexico, According to africanfootballhq. com Youcef Atal, as well as his Nice teammate Hicham Boudaoui are both ruled out due to injury.

Head coach of the side, Djamel Belmadi will also be without Saudi Arabia-based duo, Djamel Benlamiri and Youcef Belaili, who featured prominently in their African Cup of Nations success last year.

Benlamiri and Belaili refused to return to their respective clubs

in Saudi Arabia after the league restarted and are not match fit at the moment.

The duo of Islam Slimani and Adam Ounas are also yet to taste action this season and are unlikely to be invited for the friendlies.

The likes of Mohamed Amine Tougai and Adem Zorgane might get the chance to feature for the Desert Foxes as result of the absentee players.

The Super Eagles of Nigeria lead Group L-which has Benin Republic, Lesotho and Sierra Leone-of the qualifiers with six games from two games Qualifying matches for the 2022 FIFA World Cup in Qatar will kick off in May 2021.

Miami Heat players and oďŹƒcials celebrating winning the Eastern Conference to qualify for the NBA Final

Rivers Utd, Rivers Angels to Use Amiesimaka Stadium for Home Matches Rivers State owned football clubs, Rivers United and Rivers Angels will use the Adokiye Amiesimaka Stadium, Igwuruta-Ali as venue for their home matches in the 2020/2021 football season.

The Yakubu Gowon Stadium, which had previously hosted both teams is presently being used as an isolation centre for Covid-19 patients.

The state’s Sports Commissioner, Boma Iyaye, while inspecting the stadium facilities and other remedial works around the sports complex recently confirmed that both teams are to use the

stadium this season as their home ground.

He stressed that the rehabilitation of the football pitches in the stadium was aimed at ensuring that both teams were given conducive environment for optimal performance in local and continental matches.

According to him, “I am impressed with the rate at which the rehabilitation is going on. The contractor has assured us that he will deliver on schedule and of good quality; with what we have seen so far, he will meet the deadline.�

The rehabilitation of the pitches will see the contractor installing about 120 sprinklers in addition to the provision of several boreholes, pumping station, and generator to guarantee regular maintenance of the football field.

At the Rivers United Camp, Iyaye tasked the contractor to expedite action on the renovation work, while insisting that all materials to be used must be of the best quality in order to make the players comfortable.

He thanked Governor Nyesom Wike for the seriousness he attaches to

issues surrounding sports; the reason he said, has made the state host several local, national and international competitions. “We must give kudos to Governor Nyesom Wike, he doesn’t joke with sportsrelated issues and you can all see the result. We have some of the best sporting facilities and you can see that we have hosted a lot of events,� he stressed.

He was accompanied with on the inspection tour by the Ministry’s Permanent Secretary, Sir Honour Sirawoo and other top officials.

Ahmedu Salutes First D’Tiger in NBA Final Duro Ikhazuagbe

Coach Usman Shariff Abd’Allah

A member of the board of the Nigerian Basketball Federation (NBBF), Col. Sam Ahmedu (rtd) has heaped plaudits on D’Tigers player, Gabe Vincent as he emerges the first national team player to reach the NBA finals.

Gabe Vincent who played for Nigeria’s D’Tigers at the China

2019 FIBA World Cup in China emerged Eastern Conference Champion with the Miami Heats to qualify for the 2020 NBA Finals. “Congrats to Gabe Vincent and D’Tigers. Congrats NBBF. Congrats Nigeria,� Ahmedu who also doubles as FIBA Africa Zone Three President gushed on FUBS WhatsApp platform yesterday evening.

The Miami Heat reached the

NBA Finals for the first time since 2014 as a 125-113 win over the Boston Celtics wrapped up a 4-2 series victory.

The three-time NBA champions will play Western Conference winners Los Angeles Lakers in the bestof-seven finals, with game one on Wednesday.

Bam Adebayo top-scored for the Heat with a career-high 32 points and 14 rebounds,

while Jimmy Butler added 22.

Defeat was the Celtics’ third Eastern Conference finals loss in four years.

Adebayo had shouldered the blame for the Heat’s loss in game five but “left it all on the court� to redeem himself on Sunday. “I had to realign myself with who I really want to become and I showed that tonight,� he said.

TUESDAY SEPTEMBER 29, 2020 • T H I S D AY

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Price: N250

MISSILE ICPC to Humanitarian Affairs Ministry “We discovered payments to some federal colleges for school feeding in the sum of N2.67 billion during lockdown when the children are not in school, and some of the money ended up in personal accounts. We have commenced investigations into this finding” – Chairman of ICPC, Prof Bolaji Owasanoye, revealing that his agency discovered N2.67bn meant for the school feeding programme in private accounts.

TUESDAY WITH REUBENABATI abati1990@gmail.com

How Organised Labour Deceived Nigerians

I

was very skeptical when the current leadership of Organized Labour in Nigeria objected to the decision of the Federal Government to withdraw fuel subsidy and hand over the pump price of petrol to the forces of demand and supply, also known as market forces.

Labour, represented by the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC), and their affiliates and privies in civil society, further threatened that they were opposed to the hike in electricity tariffs. They issued a statement in which they railed against neo-liberal policies, bad timing, and the insensitivity of government.

They made heavy weather out of the hardship that COVID-19 has imposed on the people and why any form of additional taxation that could pressurize the people would be utterly unacceptable. Deregulation of the downstream sector is not a new subject in Nigeria. Removal of fuel subsidy is an old subject. Only the dumb and the deaf would deny being aware of the persistent argument that a functioning electricity sector in Nigeria would unleash the country’s energy and potentials, through the values derivable therefrom: saving of costs, creation of jobs, a value-added SME, an improved manufacturing sector and a happier, more productive citizenry.

In 2012, when the Jonathan administration announced a full deregulation of the downstream sector and removal of fuel subsidy, Organized Labour aligned with opposition politicians and turned the argument on its head. They called out their troops and a thoroughly hypnotized political class, and workers’ community, fostered tension and instability in the system. In 2016, the party that succeeded the Peoples Democratic Party (PDP), that is the All Progressives Congress (APC) and its leaders who had lied to Nigerians that there was no fuel subsidy in the country, but unconscionable theft, and that the Jonathan government was wrong, promptly increased fuel prices. They argued that a fuel subsidy regime was not sustainable: the same argument that they opposed in 2012.

Their conspirators at the time in Organized Labour kept mute. In 2020, with COVID-19 disrupting everything in the world including relationships, with Nigeria suffering a debt and revenue crisis, the collapse of fiscal buffers, and sheer adversity, the Federal Government decided to pull the plugs. It blamed all of these factors and chose to announce a removal of fuel subsidy.

Pump price of fuel, benchmarked to the spot price of crude oil in the international market jumped through the roof. Nigerians groaned. The Federal Government argued that it was not left with any other option. Everyone expected that Organized Labour would intervene. But Labour didn’t quite do so. Groups in civil society had to picket the Abuja Headquarters of the Nigeria Labour Congress to protest that the NLC should speak up and call the people out on the streets, because life had become harsh and hard for the average Nigerian.

After being pushed, a combined team of the NLC and TUC finally announced that they would call out Labour on strike and shut down the country. They gave the Federal Government stringent conditions: a complete reversal of the hike in fuel price and electricity tariffs. Or else, Nigeria would be shut down indefinitely beginning from September 28, 2020. I was not impressed. I questioned Labour’s sincerity of purpose. I felt they were just playing a game. The biggest tragedy that has befallen Organized Labour in Nigeria is the thinking since 1999, that the leadership of Labour can be used as a stepping stone to a bigger role in Nigeria. Labour leaders use their positions to negotiate big benefits. They mouth progressive slogans and parrot aggressive rhetoric but it is all a lie.

Under the military, there was a man called

Wabba Paschal Bafyau who used the ladder of Labour leadership to gain prominence. Matthew Hassan Kukah in his book - Democracy and Civil Society In Nigeria (Ibadan: Spectrum, 1999) considers him “a sell-out”. With the return to democracy in 1999, the new Labour hero was Adams Oshiomhole of the Textile Garments and Tailoring Union.

He was a thorn in the flesh of the Obasanjo administration. He could talk, dance and make Communist-style speeches. He captured the public imagination. He would soon make a leap from being Labour leader into partisan politics. He became Governor of Edo State for two terms. He later became Chairman of Nigeria’s ruling party.

He also became a Godfather of Nigerian politics.

Something tells me every Labour leader after Oshiomhole wants to be like him. They too want to ride SUVs, and enjoy unfettered access to the seat of power. They also want to be Godfathers in Nigerian politics. The danger here is that this transmogrification of Labour Leadership in Nigeria, sighted first with Paschal Bafyau and raised to another level with Oshiomhole, created a new brand of Labour activism that contradicts norm, culture and tradition in the Nigerian Left. This new generation of opportunistic Labour leaders have devalued the heroism of the likes of Labour Leader No 1, Michael Imoudu, Herbert Macaulay, Eskor Toyo, Wahab Goodluck, the Sunmonu brothers and Frank Kokori. A compromised Labour leadership is a disgrace to the Revolution. I find no better exemplification than the current Labour Movement in Nigeria led by Comrade Aliyu Wabba, and the incompetent and hypocritical response to Labour issues in the country.

In my view, the NLC and the TUC had no business calling out anybody on strike. When they reluctantly did so, they were playing politics and trying to appear concerned about workers’ welfare. This new set of Labour leaders don’t care about the people. They are partisan politicians.

Civil society organizations continue to make the mistake that they are dealing with persons of like minds who want to interrogate issues and offer solutions. The truth is that the most conflicted community in Nigeria today is what we broadly describe for want of a better term as the “Nigerian Left”. They are just as worse as the conservatives and fascists; they claim to be defenders of the people’s interests whereas they are just interested in themselves. I am convinced that Nigeria’s Labour leaders knew as far back as 2012, that a subsidy regime either in the downstream or the electricity sector was unsustainable. They knew that getting Nigeria to work in an accountable manner was a useful national priority. They cannot claim ignorance of the inefficiency, leakages and wastages in the system that have, combined, cost Nigeria trillions

of Naira. The Jonathan administration tried to address this in 2012. Organized Labour joined partisan politics and became an instrument. When their clients took over in 2015, and brought up the same issue, they kept quiet. When matters reached a head in 2016/2020, they were bound to be deceptive. And this is what they have done. The strike action that they promised on September 28 was never going to happen. It was unnecessary by the way. The so-called agreements that they reached to justify their hypocrisy sound ludicrous. The communique that Nigerians saw in the morning of September 28 is questionable.

It may have been designed to help Labour save face, but it merely exposes a Labour leadership that should be a subject of ridicule.

Three meetings were reportedly held – September 15, 24, 27, 2020. After the second meeting, Labour announced that it would go ahead with the nationwide strike because it had reached a deadlock with government. The NLC and the TUC ended up taking Nigerians for a ride. The Communique that eventually signaled the cancellation of the strike exposes their lack of rigour. The document says the Federal Government negotiators and Labour leaders agreed on a number of issues.

Let’s examine a few. On the issue of the hike in electricity tariffs, the communique says the bipartite meeting has decided to set up an ad-hoc technical committee to re-examine electricity tariff reforms.

This committee will sit for two weeks effective September 28. During that period, “DISCOs have been directed to suspend the application of the cost-reflective Electricity Tariff adjustments.”

This is a totally meaningless statement and it is surprising that someone like Joe Ajaero, a leader of the National Union of Electricity Employees, who was named as a member of the proposed Technical Committee was not awake enough to point out the problem with this proposal. There are technical questions.

In the first place, the current electricity tariffs are not cost-reflective, they are service-reflective. The new template by the National Electricity Regulatory Commission (NERC) creates a service-reflective template, problematic as it is, which ensures that houses, factories and businesses which consume more electricity within an A, B, C, D, range pay more than R1 band designated consumers at the lower end who still pay N4. 00 per unit, thus creating a cross-subsidy regime. The proposed two-week suspension of electricity tariff is also in every sense ambiguous. Is the FG saying the DISCOs should not bill any house, factory or business for two weeks? Is the President now going to ask the Ministry of Finance, the BPE, the NERC and other relevant agencies to re-adjust meters and return to the old tariffs for two weeks?

Did anyone represent the Vice President who oversees Privatization, the NERC, the BPE and the DISCOs at the meetings with Organized Labour?

At best, the Federal Government team merely threw the two-week strategy at the unthinking Labour leaders just to buy time. Nothing will happen.

The Federal Government says it intends to review the NERC Act and involve Labour in the electricity value chain. This is meaningless. The Federal Government, States, and Local Governments own 40% of DISCOs. Government can take part of its 40% to the Stock Exchange, but what will be the value of whatever it expropriates? It is a non-issue. The leaders of Organized Labour could not see through that trick. They were also told the National Labour Advisory Council (NLAC) will be inaugurated before the end of the year.

And these greedy guys fell for it! If that Council remains moribund, what can they do?

The other big issue was the deregulation of the downstream sector. Our Labour Leaders were told that the Federal Government will now fix Nigeria’s four petroleum refineries and that in fact

the Port Harcourt refinery will be 50% completed

by December 2021. They were told there will be timelines for delivery and even the national leadership of NUPENG and PENGASSAN will be appointed into a Steering Committee and a Validation team. The guys embraced this old, jaded lie as if they were being addressed by King Solomon. How many times have we been told that Nigeria’s refineries will be fixed? At a time, the FG wanted to privatize these same refineries. Labour leaders opposed the initiative.

Today, most of them are struggling to have their children employed in a yet uncompleted Dangote Refinery and the modular refineries by Walter Smith, NIPCO and the Edo State Government.

They want the same private sector that they disparage for their own private benefits!

Labour leaders were further told that the Federal Government will ensure the delivery of one million CNG/LPG Auto Gas conversion kits, storage skids and dispensing units by December 2021 under Nigeria’s Gas Expansion Programme. With the challenges of Corona Virus, this is not possible.

To even order the equipment and the accessories, or to build the plant, not less than 18 months will be required. Who is going to reshape the petrol stations? Many of the old vehicles on Nigerian roads cannot also be converted. And even if so, who will bear the cost? We are told the Federal Government will provide 133 CNG/ LPG transit buses. Nobody manufactures such buses in Nigeria. They will have to be imported.

In other words, apart from taking care of the interest of Labour Leaders, the communique that ended the proposed strike of September 28, also very nicely, provided an opportunity for government officials to award contracts!

There is also something in there about a 10% housing allocation for Nigerian workers. This is mere wishful thinking. Did anybody talk to Babatunde Fashola, SAN, the Minister of Works and Housing before making this commitment?

They didn’t need to bother, of course, because both Labour and the Federal Government negotiators knew that they were both playing a game and taking Nigerians for a ride. Organized Labour, having obviously embraced deregulation and market forces, should have raised other questions that could be helpful to Nigerians as follows: If the Federal Government is eliminating subsidy, what does it intend to do with its savings from the downstream sector and the electricity tariffs? Can the savings be used to fund education and healthcare under a mutually agreed framework? Instead, Labour leaders were discussing buses and houses! They could also have asked what the FG intends to do with savings in the electricity sector. Is it possible to use the savings to strengthen Transmission infrastructure?

Instead, they were discussing how Labour leaders can become members of the Regulatory Board!

The Government negotiators deserve our commendation. They have done a good job of preventing a “worthless” national embarrassment in the shape of a Labour strike in the same week that Nigeria celebrates its 60th Independence Anniversary They have also helped to expose the incompetence and hypocrisy of the current Labour leadership in Nigeria. They have also won an ideological war over the subsidy regime. Those Labour leaders who grumble about neo-liberalism have now embraced it. Their lack of rigour, clarity and intellect provides a strong case for an urgent reform of Labour Leadership in Nigeria. Once upon a time, Labour used to be a strong voice in this country. In those days, government controlled everything: Telcom, Banking, Insurance etc, It was quite easy then to blackmail government, and use that as a platform to become a national figure. The times are changing, indeed the times have changed. Labour must reinvent itself or risk the tragedy of becoming irrelevant.

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