Tuesday 15th August 2017

Zenith Bank Makes 30% Provision on 9Mobile Loan

Emma Okonji with agency report

The Managing Director/CEO of Zenith Bank Plc, Mr. Peter Amangbo has revealed that his bank, one of the 13 Nigeria lenders that loaned 9Mobile (formerly Etisalat Nigeria)

$1.2 billion for its network expansion and upgrade, has made a provision on 30 per cent on its loan to the network operator. Amangbo told Reuters yesterday of the latest development. “We have taken about 30

per cent as a provision which we believe is very prudent as the company (9Mobile) is undergoing restructuring to prepare for a new investor,” Amangbo said in a conference call. Providing further clarification, a senior official of

the bank informed THISDAY that though Zenith Bank had made provisions for a collective impairment charge, it was not specific to any customer since the 9Mobile loan had not gone bad. “We had a conference call with investors yesterday and

explained that a collective impairment charge was made by our bank, which was not specific to any customer. “Also, this was not done because the 9Mobile loan is a non-performing loan since the company is being restructured, but the general provisioning

was done because we were being prudent and in order to recognise the deterioration of the macroeconomic environment brought on by the recession,” he said. Banks involved in the loan Continued on page 9

S'East Govs: We're in Touch with Northern Governors over Quit Notice… Page 41 Tuesday 15 August, 2017 Vol 22. No 8153. Price: N250

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Presidency: Buhari Good Enough to Continue in 2019 Faults proponents of president’s resignation Trades barbs with Jonathan over management of economy, projects Omololu Ogunmade in Abuja and Gboyega Akinsanmi in Lagos Despite the uncertainty arising from President Muhammadu Buhari’s prolonged absence from the country over health concerns, one of his media aides, Mallam Garba Shehu yesterday maintained that the president was “good enough to continue” if given the

opportunity to contest the 2019 presidential election. However, the presidential spokesman expressed ignorance over Buhari’s ailment, stating that the president would speak to Nigerians when he returns from his medical vacation. Shehu spoke in an interview on ARISE News Network, a Continued on page 8

ASUU Downs Tools Says Babalakin c'ttee lacks power to resolve its demands

Senator Iroegbu in Abuja and Ademola Babalola in Ibadan For the umpteenth time in as many years, the Academic Staff Union of Universities (ASUU), the main umbrella body of university lecturers in the country, has declared an indefinite nationwide strike, in response to failure by the federal government to fulfill the 2009 agreement it reached with the union.

It also expressed lack of confidence in the Dr. Wale Babalakin-led Committee set up by the federal government early this year to renegotiate the 2009 agreement and a Memorandum of Understanding (MoU) reached in 2013, stating that it lacked the powers to resolve the issues. ASUU president, Prof. Continued on page 8

MORE VISITORS FOR BUHARI... President Muhammadu Buhari (centre), when the Secretary General of the Organisation of Petroleum Exporting Countries (OPEC), Mohammad Barkindo (second left) and his sons visited the president in London... yesterday

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PAGE EIGHT PRESIDENCY: BUHARI GOOD ENOUGH TO CONTINUE IN 2019 THISDAY sister company, in London yesterday, two days after the presidential media team paid him a visit in the British capital. The media delegation that met with the president included the Minister of Information, Lai Mohammed, Special Adviser, Media and Publicity, Mr. Femi Adesina, Senior Special Assistant, Diaspora Matters, Mrs. Abike Dabiri-Erewa, and the president’s Senior Special Assistant, Digital/Online Media, Lauretta Onochie. The president has been away for more than 90 days getting treatment for an undisclosed ailment in London. This is the second trip he has made to the UK this year for medical reasons. When he met with the media team on Saturday, he said he was ready to return home but would only do so on his doctors orders. When asked if Buhari would seek re-election in 2019, Shehu said the president “is good enough to continue in 2019”, but added that the president’s re-election was not the issue at the moment. “The main issue is the president comes back home in full health and resumes office. It is left for Nigerians to decide. I know the decision is with the people. But President Muhammadu Buhari is good enough to continue.” Shehu, however, said he could not speak specifically on the nature of Buhari’s ailment, assuring that the president would talk to Nigerians about what he went through in the course of his treatment. He said: “I cannot tell because I do not know the nature of his ailment. As he is, the president does not need prompting from anyone before he comes out and tells Nigerians what happened to him. “When he came back last time, President Buhari told Nigerians what he went through in the United Kingdom. I think the president will choose the right moment to talk to Nigerians.” Constitutionally, Shehu argued that nothing requires the president to disclose the nature of his illness. “In the constitution, there is nowhere the president is required to disclose his illness.” “This is a country where past presidents never fell ill before. Even when they fell ill, nobody knew about it. This is a country where past presidents never handed over to their deputies. We had a president who was dying in office. Nobody was ready to

talk,” he explained. He also faulted those canvassing for Buhari’s resignation due to his illness and long absence, noting that their agitation was linked “to some elements in the opposition”. “In any case, we are in a democracy. We cannot stop people from protesting or demonstrating. “In a country of 170 million people, we only have two dozen people protesting and all of them with links with the opposition. Every person is entitled to his or her own view. “Nigeria has a huge population. But there are people praying in churches or mosques for the president’s recovery,” he said. He maintained that it was not correct to say that Nigerians were aggrieved over Buhari’s absence. “Instead, Nigerians are missing their president. They want him to come back. The president himself listens to the mass media. He monitors what is going on at home. He was also critical of some elements. “Nigerians have to understand the situation. We have a constitution. The problem with Nigeria in the past has been that our presidents rarely went on vacation. They never handed over to his deputies. “In the case of Buhari, he handed over power. This is because he believes the right thing must be done. That is the law. That is the constitution. He followed it properly before he left the country. He handed over according to the law. “All the ministers are doing their work. All the chief executives are doing their jobs. All the advisers are on their jobs. So there is no vacancy. There is no vacuum in the federal government,” he stressed. Responding to a question on the time limit within which the president could remain out of the country, Shehu acknowledged the right of Nigerians to demand for more information on the president, but argued that the constitution does not specify a timeline for any president to stay out of the country. He said: “The constitution is open-ended about it. It does not say the president should be away for two months, for three months or six months. There is no timeline. “So in this circumstances, the right thing was done before President Buhari went on medical vacation. “The experience with

President Yar’Adua was totally unacceptable. In that instance, Yar’Adua never handed over to his deputy. You are perfectly right that people will demand for more information. I believe at the appropriate time, it will be given,” he said. He disclosed that the media delegation spent about two hours with the president, noting that the meeting was broken, not because the president was exhausted, but because members of the delegation had to have their lunch. “While members of the team were having lunch, the president waited for us because he had had his lunch earlier. We did not break the meeting because it was exhausting for him. He had had his lunch earlier. So he had to wait for us. There was no urgency,” he said. Shehu, in a statement yesterday, also blamed President Goodluck Jonathan for running the Nigerian economy aground before leaving office. Shehu, who was reacting to the former president’s comment at the Peoples Democratic Party (PDP) non-elective convention in Abuja at the weekend that the economy was better off under his administration, said Jonathan had all the opportunities to lead Nigeria to prosperity with the avalanche of resources at his disposal but failed to do so. According to him, despite high oil prices and sustained peace in the Niger Delta enjoyed by the Jonathan administration, there was nothing to show for it, adding that growth and development nosedived under his government. Instead of developing the country, Shehu said corruption thrived under Jonathan, while there was no infrastructure development such as roads, railways, power generation, or boom in agriculture. “The oil sector boomed under his tenure, with oil prices as high as US$120 per barel and peace in the Niger Delta. Nigeria earned unprecedented dollar revenues. “Sadly, that is where the story turns sour. There is nothing to show for the revenues earned, no major capital project was completed, neither power generation, road development, rail or agriculture benefitted from the windfall earnings. “Rather, the administration presided over the diversion of oil revenues on a such a massive scale, that even

without the protection now accorded to whistle blowers, the then Central Bank governor blew not only a whistle but a trumpet. And he was hurriedly shown the door. “Meanwhile, the acquisition by public officers and their cohorts of private jets, luxury yachts and the accumulation of expensive property portfolios worldwide continued unabated. “Indeed the president (Jonathan) once celebrated having the largest number of private jets, whilst our youths languished without jobs, our fields stood idle and our factories began the lay off of workers. “Government simply reticulated oil revenue through personal spending by corrupt leaders, wasteful expenses and salaries. This was done rather than investing in what would grow the economy. “Economies grow due to capital investment in assets like seaports, airports, power plants, railways, roads and housing. Nigeria cannot record a single major infrastructure project in the last 10 years. In short, the money was mismanaged. “Such was the looting that even the goose that was laying the golden egg was being systematically starved. The direct contractual costs of oil produced, in the form of cash calls, remained unpaid. “Incoming President Buhari’s welcome from the oil majors included a demand for $6 billion owed by Nigeria for oil that had already been sold or stolen,” Shehu stated.

economically viable and politically stable country, which must begin with a firm commitment to the all round transformation of the country’s education sector”. He added: “There shall be no teaching, no examination and no attendance of statutory meetings of any kind in any of our branches till government meets the union’s demands. “The foundation of development of any nation lies in its attention to education. No nation can grow beyond the level of its educational development. “ASUU has been vociferous on the primacy of the university education system because it is the repository of

ideas for invention, innovation and national transformation. “It is, however, disappointing that despite the prime importance of university education, the political class in Nigeria has continued to pay mere lip-service to addressing the little gains achieved from the struggles of ASUU.” President Muhammadu Buhari had in January this year set up a 16-man committee headed by Dr. Wale Babalakin (SAN) to renegotiate the 2009 Agreement with the staff unions in the federal universities, polytechnics and colleges of education. Buhari constituted the committee with a view to

engendering sustainable peace and industrial harmony in tertiary institutions But speaking further, Ogunyemi noted that the Babalakin-led committee set up by the federal government lacked the powers to resolve the issues, as the items in the 2009 Agreement and MoU reached with the federal government in 2013, had remained unimplemented. He stressed that the government had ignored the education system, adding that the political class had also shifted attention to sending their wards to private universities and universities abroad, leaving public universities in Nigeria to collapse.

Omokri: Time for Propaganda is Over But in a swift response to Shehu’s strong putdown, Jonathan’s former aide, Reno Omokri said yesterday that the former’s excoriation of his boss had only exposed why the country was in recession and floundering in all spheres. In a statement yesterday, Omokri said: “It is quite sad that Mallam Garba Shehu does not know that oil constitutes only 15 per cent of Nigeria’s GDP and thus a fall in the price of oil should not lead to a collapse of the Nigerian economy as has been experienced under President Buhari. “If Garba and his boss are willing to learn, the Jonathan Foundation and the Peoples Democratic Party can arrange a course for them to be tutored on the subject: how to grow your economy to be the largest in Africa. We make bold that

we are experienced in that area. “When Mr. Shehu says ‘there is nothing to show for the revenues earned, no major capital project was completed, neither power generation, road development, rail or agriculture benefitted from the windfall earnings’, he only further exposes his intellectual laziness and failing memory. “Obviously, Garba Shehu has forgotten that when his boss was commissioning the Abuja-Kaduna 187km fast railway that enables Nigerians work in Abuja and live in Kaduna, he was forced to admit that the project was conceived, built and completed by the Jonathan administration. “At that event, President Muhammadu Buhari said about the $1.5 billion project and I quote: ‘This project was conceived by a previous administration, started by the last government.’ “My question to Mr. Shehu is this: who is a liar between him and his boss? I also urge Garba Shehu to take note of the fact that the only federal university in his boss’s home state of Katsina was built by the Jonathan administration in addition to 13 other universities and 165 Almajiri schools built all over Nigeria. “For people who don’t value education, I am not surprised that they see this as ‘nothing to show!’ “It may also interest Garba Shehu to note that the Jonathan administration revived the moribund Nigerian Railway Corporation to the extent that the loquacious Minister of Transportation, Rotimi Amaechi was forced to confess on December 15, 2015 and I quote, ‘In fact, I think we have a problem; most people don’t believe that the railway transport is functioning in Nigeria. I didn’t even know, until I started this tour, I never knew that the railway was functioning, it was even from his (MD’s) speech that I learnt that there are some coaches or services that go to Kano or Port Harcourt or elsewhere’.” Pointing out that these were just a few of the infrastructure legacies of the Jonathan era, Omokri expressed surprise that Shehu now praises the former Central Bank of Nigeria Governor, Emir Muhammadu Sanusi II. “Nigerians have not forgotten that it is the same Sanusi Lamido Sanusi, now Muhammadu Sanusi II, who carpeted the economic policies of the Buhari administration, saying that under the Buhari administration, and again I

ASUU DOWNS TOOLS Biodun Ogunyemi, at a press briefing in Abuja yesterday, said the decision to embark on the industrial action was reached at its emergency National Executive Council (NEC) meeting held on Saturday, August 12. Ogunyemi said the industrial action actually took effect from Sunday, August 13, during which there will be no academic activities in all government-owned tertiary institutions across the country. He stressed that the move was to secure a better future for the university system in the country and overall education development. According to him, the strike was a “genuine move to transform Nigeria into an

The ASUU president noted that among the disputed issues, which are in the 2009 Agreement and 2013 MoU, are funding for the revitalisation of public universities and payment of earned academic allowances. He listed others to include registration of Nigerian Universities Pension Management Company (NUPEMCO), university staff schools fractionalisation and non-payment of salaries. Ogunyemi called on all stakeholders to prevail on government to be alive to its responsibilities with respect to public universities, adding that the Nigerian tertiary system should be given the attention it deserves.

quote, ‘There is one rate for petroleum marketers, there is an interbank rate, there is another for money market operators such as Western Union and Money Gram, there is the bureau de change rate and there is a special rate you get when you call the CBN for a transaction.’ “My other question to Garba Shehu is this, how will an economy not collapse when you have multiple exchange rates? “Malam Garba and his boss continue to show that they are in over their heads by their statements. For instance, Garba says, ‘At the inception of the current administration, 21 states were unable to meet their salary bills and the spectre of workers’ arrears had commenced. The PDP solution was to raid the Ecological Fund and selectively grant N2 billion each to the PDP states.’ “Is it that Garba Shehu and his boss do not know that Nigeria is a federation and that the federal government cannot control the states? No wonder they are against restructuring and want to throw the report of the 2014 National Conference into the dustbin. “We have already proved that the accusation re the Ecological Fund is a lie and it shows desperation on the side of the presidency to rehash it. “When that notorious liar, Nasir El-Rufai first made the accusation, we showed, with documentary evidence, that core PDP states like Akwa Ibom, where the then chairman of the PDP Governors’ Forum comes from and Ekiti State which was the only PDP state in the Southwest, did not benefit from the Ecological Fund. “Meanwhile, 10 states which were of the then opposition All Progressive Congress did. “Apparently, when Garba Shehu and Lai Mohammed speak, they speak their native language, lies! “Garba Shehu would do well to remember that his boss promised Nigerians 3 million jobs every year. Rather, according to the Nigerian Bureau of Statistics, 4.58 million jobs, created by the Jonathanled PDP administration, were lost in his boss’ first year. “Laughably, Garba Shehu cites the fight against corruption and the terror Continued on page 9

TOP GAINERS FIDSON A.G LEVENTIS LINKAGAEASSURE UNIONBANK UNITYBANK TOP LOSERS C & I LEASING TOTAL MEDVIEW

NGN NGN 0.14 3.13 0.03 0.72 0.03 0.78 3.99 6.00 0.02 0.60 NGN NGN 0.10 0.98 12.45 236.55 0.08 1.52 MAYBAKER 0.15 2.95 FLOURMILLS 1.40 27.60 HPE Nestle Nig Plc ₦1,208.00 Volume: 316.122 million shares Value: N4.224 billion Deals: 4,113 As at yesterday 14/8/17 See details on Page 32

% 4.6 4.3 4.0 3.9 3.4 % 9.2 5.0 5.0 4.8 4.8

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NEWS

Mudslide Buries Hundreds in Sierra Leone

More than 300 people were killed when a mudslide struck the outskirts of Sierra Leone’s capital Freetown yesterday, sweeping away homes. The Red Cross said at least 205 bodies had been taken to the central morgue in Freetown. Police and military personnel were at the scene in the mountain town of Regent searching for people trapped in the debris. The death toll was expected to rise, as more bodies were recovered, Red Cross spokesman Abu Bakarr Tarawallie said. Vice President Victor Foh told Reuters at the scene: “It is likely that hundreds are lying dead underneath the rubble.” He said a number of illegal buildings had been erected in the area.

“The disaster is so serious that I myself feel broken,” he said. “We’re trying to cordon the area. Evacuate the people.” Standing in the rain, people cried and gestured toward a muddy hillside where dozens of houses once stood, a Reuters witness said. “We were asleep when we heard the noise of one of the walls falling down. By the time we got up water was flowing in and the whole house was flooded,” said 36-year-old Salimatu Bangura. She escaped, but her brother died, she said. Mudslides and floods are fairly common during the rainy season in West Africa, where deforestation and poor town planning has put residents at risk.

ZENITH BANK MAKES 30% PROVISION ON 9MOBILE LOAN deal to 9Mobile included Zenith Bank, GTBank, FirstBank, UBA, Fidelity Bank, Access Bank, Ecobank, FCMB, Stanbic IBTC Bank and Union Bank, among others. A breakdown of the amounts owed the banks showed that Zenith Bank has the highest exposure to 9Mobile amounting to $262 million and N80 billion, GTBank has the second highest exposure of $138 million and N42 billion, Access Bank follows with $131 million and N40 billion. The telecoms firms also owes UBA $125 million and N38 billion; FirstBank – $79 million and N24 billion; Fidelity Bank – $56 million and N17 billion; Stanbic IBTC – $25 million and N7.5 billion; FCMB – $15 million and N4.5 billion; and Ecobank – $10 million and

N3.1 billion. Nigerian regulators had stepped into debt crisis to save teleco, which has since changed its brand name to 9Mobile, from collapse and prevent lenders from placing the country’s fourth biggest network operator into receivership, prompting a board, management and name change. 9Mobile had taken a $1.2 billion loan from a consortium of 13 banks in 2013, but struggled to repay loan, citing the economic downturn of 2015-2016 and naira devaluation, which negatively impacted on the dollar-denominated component of the loan. Last week, Zenith Bank reported a pre-tax profit of N92.18 billion for its half year against N53.91 billion a year ago.

Flood and mudslide killed hundreds in the West African country

EFCC: Let Alison-Madueke Defend Herself in Court Paul Obi in Abuja

The Economic and Financial Crimes Commission (EFCC) yesterday said it will not respond to the former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke over her repudiation of the millions of dollars and properties allegedly traced and linked to her as proceeds of corruption in the course of her tenure as a minister. The EFCC had through a Federal High Court in Lagos obtained a forfeiture order for about $153.3 million and/or of its naira equivalent, including properties in Lagos, Yenagoa and Abuja running into millions of dollars allegedly belonging to Alison-Madueke. But Alison-Madueke, who served as a minister under the Yar’Adua-Jonathan administration, had last week challenged the EFCC to provide evidence linking her to the said illicit funds and properties. She argued that “in the face of the obvious falsification of facts and misinformation, it is only right and proper that the EFCC should provide the details of the $153.3 million lodgement, the bank account numbers and the account beneficiaries, showing proof of my link to them”. “Having also alleged that the said $153.3 million was ‘wired’ from the NNPC, the EFCC should also publish the details of the NNPC account

from where the said $153.3 million was taken, and with proof that I authorised such a transaction,” she had challenged the EFCC. Alison-Madueke had also queried the EFCC over properties located in Yenegoa, the Asokoro part of Abuja and Lagos purportedly linked to her. On the Yenegoa properties, she contended that the said assets had already been declared in the asset declaration form for the Code of Conduct Bureau as a constitutional requirement before her assumption of office as a minister. The former minister then accused the EFCC of peddling lies and propaganda, all in an effort to convict her before the court of public opinion. But speaking to THISDAY yesterday, EFCC Head of Media and Information, Wilson Uwujaren said the commission would not join issues with Alison-Madueke, as it will not be in the best interest of ongoing investigations on the matter. Uwujaren told THISDAY that her denial of ownership of the said funds and properties was immaterial, given that the time for such grandstanding had already elapsed. “When we advertised the $35 million and the properties for two weeks, where was she then?” he asked. “The court has decided on the matter, there is no response

to it. The matter is still under investigation and we have not finish the investigation,”

Uwujaren said. Asked about the questions raised by the former minister

on the forfeiture of the said properties in Abuja, Yenegoa and Lagos, Uwujaren declined

to comment and advised Alison-Madueke to head to court to defend herself.

PRESIDENCY: BUHARI GOOD ENOUGH TO CONTINUE IN 2019 war as major achievements of the Buhari administration. “How can Garba Shehu reconcile his so called anticorruption war with the fact that Nigeria has made NO PROGRESS in Transparency International's Corruption Perception Index under Buhari and in the latest CPI Transparency International said and I quote, ‘Some other large African countries have failed to improve their scores on the index. These include South Africa, Nigeria, Tanzania and Kenya.’ “On the alleged terror war, Nigerians will recall that President Muhammadu Buhari said that Boko Haram had been technically defeated. “My question is how can a defeated Boko Haram now have the ability to kidnap policewomen and oil explorers? How can a defeated Boko Haram attack military formations? How can a defeated Boko Haram carry out more suicide bombing in the last eight months than at any other time in Nigeria's history? “Has Garba Shehu forgotten that on July 6, 2017, the World Economic Forum named Nigeria as the fifth most dangerous country in the

world? Or that on the 4th of February 2017, the United States Congress cited Nigeria as the most dangerous place for Christians in the world? “Garba Shehu can continue living in his fool’s paradise but he should give Nigerians more credit than to issue the pathetic tissue of lies that he called a response to former President Jonathan’s comments at this past weekend’s non-elective congress of the PDP. “Dr. Jonathan spoke generally about the positive impact of the PDP administrations on the lives of Nigerians and specifically on some of his exemplary achievements that made life better for the citizenry. “He spoke about his reforms in the electoral process, transport, rail services, industrial and automotive policy, as well as the transformational impact of many other policies like YouWin, Youth Enterprises with Innovation (YouWin), bank verification number (BVN), the treasury single account (TSA) and the e-wallet system which were all measures designed to fight corruption. “The time for propaganda is long gone. Any body who

wants to differ should speak to those issues raised, and not boasts about accomplishments that are not visible. The succeeding administration has been on the saddle for more than half of its four-year tenure. “This is the time for it to display its scorecard, especially since the blame game no longer connects with Nigerians. At some point under the PDP oil prices fell to as low as $30 dollars and the party never cited that as a reason for non-performance. “It is up to Nigerians to determine if they are better or worse off today than they were in 2015, when former President Goodluck Jonthan left office. “Finally, I urge Garba Shehu to go back and read Mallam el-Rufai’s memo to President Muhammadu Buhari where el-Rufai said, and I quote, ‘In very blunt terms, Mr. President, our APC administration has not only failed to manage expectations of a populace that expected overnight change but has failed to deliver even mundane matters of governance outside of our successes in fighting the Boko Haram insurgency and corruption’.”

Barkindo Visits Buhari Meanwhile, the Secretary General of the Organisation of Petroleum Exporting Country (OPEC) Mr. Mohammad Sanusi Barkindo yesterday visited the president in London and declared that Buhari had made a remarkable recovery. According to a statement by OPEC, Barkindo and Buhari reviewed current oil market conditions and the implementation of the OPEC-non-OPEC “Declaration of Cooperation”. The statement said Buhari expressed satisfaction with the steady progress being made by all participating countries under the agreement and urged them to remain focused and resolute. Buhari also commended Barkindo for the landmark decisions taken in 2016 and 2017, and for the significant turnaround in OPEC since he assumed office a year ago. The statement noted that the president has been following events within OPEC and the oil market with keen interest, especially as he was once and is currently Nigeria’s Minister of Petroleum Resources and had represented the country in OPEC for several years.

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COMMENT

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

AN OPEN LETTER TO BORNO PEOPLE Borno people could do more to tame the Boko Haram violence, writes Yushau A. Shuaib

“Fear a tumult which will affect those who caused it as well as the innocent ones…” Quran Chapter Anfal 8:25

I

have deliberately quoted the above verse from the Quran, the Holy Book of Islam, since the majority of Borno People are Muslims without ignoring the fact that there are other communities and towns within the state that are predominantly non-Muslims. As a Nigerian like most of you, I express my deepest sympathy and great empathy with Governor Kashim Shettima, the Shehu of Bornu, Abubakar Ibn Umar Garbai El-Kanemi and the resilient people of Borno State over the seeming unabated Boko Haram insurgency. It is rather regrettable that when the military had prepared for a massive onslaught with a declared 40 days ultimatum for a major arrest, Nigerian troops escorting oil prospectors and geologists were ambushed by the terrorists in the state. While some of the victims including soldiers, Civilian JTF Volunteers, and staff from the Nigerian National Petroleum Corporation (NNPC) and the University of Maiduguri (UNIMAID) were massacred, few others were paraded in a video to attract public outrage and compel further negotiations with the terrorists (Link: https://goo.gl/ky5hyD.) Rather than engaging in frivolous conspiracy theories over the reasons and those behind the Boko Haram crisis, which engulfed some states in Nigeria some years ago, it is necessary to point out that it started in Borno with the involvement of the people of the state and with support, if not connivance, with influential people in the state. The army spokesperson, Brigadier General Sani Kukasheka Usman recently issued a statement that parents were donating their children for suicide bombings that are now rampant in Borno State (Link: https://goo.gl/vv49d6). That was not the first of such warnings. In fact, on September 25, 2015, the Nigerian Army had raised an alarm over plans by “some highly-placed individuals” in the same state to sabotage military operations in the region. The military even issued a strongly -worded warning saying that “the unscrupulous individuals and their cohorts were determined to reverse the gains made and scuttle military efforts of achieving the Presidential directive to defeat Boko Haram terrorists within three months.” The statement further disclosed that the elites “were enlisting the services of some NonGovernmental Organisations in the grand design.” (Link: https:// goo.gl/qErv5V) Since the recovery of many towns and villages by Nigerian troops from Boko Haram in Adamawa and Yobe, the people of these two states and elsewhere have cooperated with the security agencies. Recent statements from the Department of State Services (DSS) headed by a Katsina man, Lawal Musa Daura, have shown how useful information provided by the people in other states, and intelligence sharing by security agencies, curtailed terrorism in Gombe, Sokoto, Kaduna, Kano, Niger, Kogi Taraba, Nasarawa, Plateau and the even Lagos States with arrests of many suspects. (Link: https:// goo.gl/6UePPz) Surprisingly, one of the finest strategies adopted by President Muhammadu Buhari, a veteran himself, was the appointments of people from Borno into highly strategic positions in the administration with the hope that the deliberate policy would assist in intelligence gathering to end the Boko Haram insurgency and address the

IT IS HIGH TIME THAT BORNO PEOPLE, ESPECIALLY THE POLITICAL ELITES, PUBLIC OFFICE HOLDERS, TRADITIONAL RULERS, COMMUNITY LEADERS AND YOUTH GROUPS DID MORE IN PROVIDING THE NECESSARY INFORMATION AND INTELLIGENCE FOR SECURITY AGENCIES TOWARDS ADDRESSING THE INSECURITY, IGNORANCE, POVERTY AND OTHER MALAISE IN THE STATE

plight of the victims. Some of the individuals from Borno holding influential positions at the national level include the Chief of Staff to the President, Abba Kyari; the National Security Adviser, General Babagana Monguno; the Chief of Army Staff, Lt. Gen. Yusuf Buratai and even the renowned jailer of corrupt suspects and the boss of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu, among others. We must not ignore the commitment and relentless efforts of Governor Shettima, who is pumping large chunk of state’s share from the Federation Account to address the security challenges, the plight of internally displaced persons (IDPs) as well as the rehabilitation and reconstruction of infrastructure destroyed by the terrorists in the state (Link: https://goo.gl/P6n5XH). It is rather baffling that with the incessant Boko Haram ambush, suicide bombings and their propaganda videos, the suspects are not detected early enough before wreaking havocs on soft targets as if they drop from the moon. Apart from the loss of lives and displacements of people, the economic impact of Boko Haram activities in Borno is estimated at $5.9 billion (N1.9tr) according to the army. Representing the Chief of Army Staff at the first annual conference of Guild of Corporate Online Publishers, Major General Peter Dauke said that Borno had about 400,000 houses damaged by Boko Haram. Link: https://goo. gl/Mj9Sg9) The latest Annual States Viability Index (ASVI), published by the Economic Confidential, an economic intelligence magazine, indicated that Borno State cannot survive on its internally generated revenue (IGR) without the free flow of revenue from the Federation Account and support from other states like the recent donations by Northern governors (https://goo.gl/ZugR6M). Yet, the state possesses significant potential in agriculture, industry and other resources including a landmass and lake that provide huge economic advantages for farming, fishing, husbandry, forestry and tourism, among others. Apart from its potential for oil explorations, Borno has billionaires with huge investments outside the state. It is also blessed with highly educated and skilled individuals that could contribute to the economic development of the state. More worrisome is the ever-increasing number of local and International non-governmental organisations (NGOs) in the state whose impacts are not felt in the productive sector by facilitating job opportunities for the people. The NGOs merely engage in multi-million dollars advocacy programmes and relief distributions of mostly foreign produced items to the beggarly IDPs. With the complex irony, could some groups and individuals be profiting from this seeming and booming terrorism industry? It is high time that Borno people, especially the political elites, public office holders, traditional rulers, community leaders and youth groups did more in providing the necessary information and intelligence for security agencies towards addressing the insecurity, ignorance, poverty and other malaise in the state. The reality on the ground is that Boko Haram menace is not only seen as Borno’s ‘wahala’ but a tragedy that affects Nigeria and its neighbours. www.PRNigeria.com

SHEKAU AND ZERO FOREST OF SAMBISA Godwin Etakibuebu raises doubts about the capture of Sambisa forest

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oo many things happened in the last few days that seemed to be casting doubt over the professional and operational integrity of the Nigerian Armed Forces. Yes, the hard-earned reputation of our cherished armed forces in environment of hostilities has suddenly nose-dived into what looks, to some of us “bloody civilians” into the abyss of opprobrium. Mentioning just a few of those happenings would suffice here. By the way, it is all about this Boko Haram war. The American government, through its State Department, a few days ago, rated the efficiency of the Nigerian Army in the war against Boko Haram very low. The Yankees specifically pointed out the inability of the Nigerian army to hold down effectively areas recovered from the insurgents as responsible for recent escalation of hostilities. The stand of the American is that the “Nigerian Military is not doing enough to hold onto territories recaptured from Boko Haram terrorists despite the successes recorded by the Multi-National Joint Task Force”. The picture of the Nigerian army painted by the American authority on this subject matter is that of an inefficient army. This did not go down well with our military. Of course, it is not expected that the Nigerian army should throw a party heralding the American analytical statement of fact. We should accept that America knows exactly what it is saying concerning Boko Haram because it pays heavily for the sustenance and maintenance of the multi-national force. As we all know, he who pays

the piper ought to be dictating the tune. The American’s evaluation report however coincided with the Acting President’s marching order to the head of the Nigerian army and Air Force to move their high command back to the theatre of war in Maiduguri, Borno State. In issuing that order the acting president would have recognised the continued decline of the Nigerian military ability in holding effectively what it had gained initially. Such decline of authority in command of the Nigerian military over Boko Haram, a terrorist organisation declared to have been tactically defeated by President Muhammadu Buhari some months back, is not lost on many watchers of events, both within and without Nigeria. All we can feel this time is that the insurgents are not down and out. Perhaps, the most disturbing thing about this war against Boko Haram is exact facts about the person of Abubakar Shekau, the dreaded leader of the sect. Who is he? Is he alive or dead? We don’t know where to get facts about this man with “nine lives”. The Nigerian military that has engaged him in this bloody war, which has gone on for years, may not have even known the man. It means we shall remain in the terrain of illusion continuously if we are expecting facts concerning the man from the same military because it is what it [the Nigerian military] has that it can give. I am not being pessimistic for no reason. Let me just establish it quickly the number of times the Nigeria military told us about the death of Abubakar Shekau. In 2009, Shekau was reportedly killed, with

some one hundred Boko Haram members, who included a key financer of the group, one Alhaji Buji Foi, only for the man to resurface in July, 2010 in a video clip. In 2011, the same man was reported killed in a Kano neighbourhood “after an exchange of fire”. In 2013, Shekau was reported to “may have died between July 25 and August 3 in a battle in the Sambisa forest which was very fierce on July 30”. The statement made public from the JTF said, “Shekau was mortally wounded in the encounter and was sneaked into Amitchide, a border community in Cameroon for treatment from which he never recovered”. But on August 4, 2013, a day after Shekau was reported to have been killed, members of the sect launched a ferocious attack on two military camps in Mallam Fatori border village and shortly thereafter, a video of Shekau, boasting was released. In 2014, both the Nigerian and Cameroonian authorities provided video evidence that a Boko Haram commander by name Bashir Muhammad who “doubled” as Shekau and took up the mantle of leadership after the real Shekau died in 2013 was killed in Konduga in Borno State. There was tough argument between Nigeria and Cameroon about the authenticity of who actually killed Shekau and the place he was killed On September 24, 2014, the Nigerian army claimed it killed Shekau during a raid on Konduga on September 17 while photos of Shekau [dead] were made public by the Cameroonian authority, claiming it killed him “during a cross-border raid

deep inside Nigeria by its military”. However, Shekau resurfaced a few days later saying, “here l am, alive. I will only die the day Allah takes my breath”. A report surfaced from the Nigerian military on August 23, 2016, that Shekau was “fatally wounded during unprecedented and spectacular air-raid. Those Boko Haram terrorists commanders confirmed dead include Abubakar Mubi, Malam Nuhu and Malam Hamman, while their leader, the so-called Abubakar Shekau, is believed to be fatally wounded on his shoulders. Several other terrorists were also wounded”. This statement was credited to the army spokesman; Colonel Sani Kukasheka Usman [now a Brigadier General]. So, when the Chief of Army Staff gave order to his men and officers a few days ago to “get Shekau dead or alive within 30 days” the question of “which Abubakar Shekau” became very tempting. By the time Sambisa forest, declared “Zero Camp” by the military, with Shekau Caliphate’s flag and abandoned Koran, alleged to have been captured from the forest [items presented to the Commander-in-Chief as spoils of war in a very elaborative ceremony in Abuja] is added to the Shekau mystic life, the Nigerian Armed Forces will have lots of explanations for Nigerians about the truth of this war against Boko Haram. For now, Abubakar Shekau reign of terrorism continues in a possible Sambisa forest of evil that has not been liberated. Etakibuebu, a veteran journalist, wrote from Lagos

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EDITORIAL THE SONGS OF VIOLENCE

The government must be decisive in dealing with this potentially explosive issue

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As at the time of going to press, months after members of this Arewa Youth group had been declared wanted, no arrest has been made even when some of them openly hobnob with public ofďŹ cials and appear on television to defend their stance. The lesson is clear: the failure to hold people to account embolden them to commit more crimes. The follow-up song with a hate and dangerous content must therefore be seen as a product of such impunity.

he climate of fear and anxiety is being heightened ahead of the October 1 deadline issued by a “Coalition of Northern Youths� to people of Igbo descent to leave the North. A song in Hausa trending on social media is not only belittling a people, it is designed to stir up hatred and put an ethnic group in harm’s way.

Voiced by an unidentiďŹ ed female artiste, with explicitly inciting lyrics, the song has for weeks been circulating in some states in the north. “The song is dangerous, inciting and capable of drawing the country into another civil war and we must act fast to stop it,â€? said the Foundation for Peace Professionals. “This is an emergency that must be taken with all seriousness.â€? Former Vice-President Atiku Abubakar had a more graphic and weightier comparison in the 100-day Rwanda conict which spread with staggering speed and brutality and led to the slaughter of some 800,000 people. “This song is reminiscent of the beginnings of the Rwanda Genocide. Nigerians THE FAILURE TO HOLD need to be aware that the genocide PEOPLE TO ACCOUNT was believed to have EMBOLDEN THEM TO been ignited by a COMMIT MORE CRIMES song titled ‘Nanga Abahutu’ (I hate Hutus),â€? said Atiku. While we strongly condemn this latest effort at instigating violence in the country, we also worry that the security agencies are again treating in a cavalier manner an issue that could threaten our national security and the peaceful co-existence of the country. Last June when the Arewa Youths Coalition gave a three-month ultimatum to people of Igbo extraction to quit the north, the police took their time to respond, after an endless pressure from a bemused public. It was a conďŹ rmation that the security agencies are also part of the problem: not only do they discriminate in the choice of culprits regarding hate speech, they are never even-handed in the application of the law.

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owever, this should not be treated as an isolated incident. It is part of the suffused climate of fear, anxiety, hate and vitriol. In the last few months, various groups in major geopolitical centres across the country have been releasing to the public domain hateful communiques laced with threats of violence. Yet to the extent that freedom of expression, which democracy guarantees, does not include a license to plunge the nation into avoidable mayhem, the time has come to place a moratorium on hate speech in Nigeria. The Minister of Interior, Lt. Gen. Abdulrahman Dambazau (rtd.) hinted last week of a plan to enact a law to criminalise hate speech. Indeed, the International Convention on Civil and Political Rights (ICCPR), an organ of the United Nations to which Nigeria is a signatory, requires states to prohibit hate speech. The challenge thus lies with the authorities to contain the antics of these unscrupulous hate-mongers.

Last week, the Borno State Governor, Kashim Shettima, on behalf of the northern governors, hosted some members of the Arewa group on the need to withdraw their quit notice. “The governors feel there could be some irate youths who may be planning violence in any part of the north as soon as the ultimatum expires on October 1. That could lead to reprisals in the south and the entire country will be on ďŹ re.â€? All factors considered, the government has no choice but to be decisive in dealing with a potentially explosive issue that threatens the peaceful co-existence of the country.

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.

ANDY UBA AND THE IKENGA HOTEL AFFAIR

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intend to discuss one forever recurring issue that has haunt Andy Uba: the Ikenga Hotels affair. Uba was alleged to have sold Ikenga Hotel for N5 million to himself while he was in office for 17 days. If this is not laughable, then what is? First of all, the allegation smacks of convoluted ignorance. It is sheer madness to allege that a governor sold a property belonging to the state government in 17 days in office without following the normal process. They are ignorant about the fact that the sale of a property like Ikenga is not same as the sale of okporoko or snuff in Eke Nkpor. Again, ask those who assert on the souls of their late grandfathers that Uba actually sold the property to make an inquiry on what has happened so far to it. We would then see that the dots do not connect at all. So what indeed are Uba’s real sins? The answer may not be too clear until we look closer at the man himself. Uba’s first major sin is that he is not anybody’s lackey neither is he beholden to any godfather. He is his own man and strives to be so whenever the need approaches. What is cardinal to Uba is whether the interest of the common man is protected. Prior to the 2007 elections, a number of stakeholders were against the emergence of Senator Joy Emordi as the Peoples Democratic Party’s candidate for Anambra North Senatorial District. A number of stakeholders had even vowed to make her candidature impossible. I am talking of the high and mighty then in Anambra’s politics, the makers and the shakers, the obata osus who threatened everything short of

an Armageddon should Emordi be allowed to run. Andy Uba as at that time was the leader of the PDP in Anambra, and all he needed to do was to deny Emordi the ticket. But he didn’t, citing to the stakeholders that having won the ticket, Emordi should be allowed to run. The same thing he did for Tony Nwoye, when he took him from a student leader to becoming the state’s party chairman at the young age of 34, a feat never experienced in the history of Nigeria’s politics. Again, Uba is hated because he is a man who keeps his word. I am sure many would become agitated and wonder aloud that such a trait is a good one and therefore deserves praise and commendation. Well, that is if Nigerian politics were practiced by the saints and the holy, for I once heard a Nigerian politician tell a group of listeners that to be a good politician one must learn how to change is to was and vice versa, that is the sad nature of our politics. Thus, Uba in this case stands like an Iroko amidst bamboo trees, he towers above them, thus the resort to lies and all known pull him down tactics. Another of Uba’s sins is the fact that he is a lover of the youths. Uba is a believer in the youth, he is a staunch advocate of giving the youths an opportunity to lead and excel. This is the reason why till date he has helped empower a large population of youths and still is. It is on record that in the period leading to the 2007 elections, Uba ensured that 90 per cent of those who won tickets to contest

for House of Representatives as well as house of assembly seats were youths; the facts are there. Had Uba been allowed to continue beyond his 17- day tenure, Nigerians would have been shocked at his list of appointments, which was to be constituted by a majority of youths. Thus when you see avowed genrontocrats, men who have sought to recycle themselves in office, talking down about Uba, do not be surprised. Another of Uba’s sins is that he is not your run of the mill politician, he is he is a down- to- earth fellow and prefers the quiet side of politics. Politics he says is for service and not a TV show. Little wonder, he has in his six years as a senator churned out 25 bills with 13 so far passed by the Senate and a number of projects serving his constituents. Even when he was serving as an aide to former President Olusegun Obasanjo, Uba assisted in the appointments of the likes of Chukwuma Soludo, Chukwuemeka Chikelu and a number of others without making noise. When Uwazurike was incarcerated owing to his MASSOB activities, Andy Uba pleaded with a recalcitrant Obasanjo to release him on bail without waving the I- did- it -flag on our faces. Even recently, Uba was among the few who spearheaded the demands for Nnamdi Kanu’s bail and was to sign his bail bonds but for the insistence of Senator Enyinnaya Abaribe that since Kanu was from his state then the onus fell on him to do it. Igboeli Arinze, a.igboeli@gmail.com

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T H I S D AY ˾ TUESDAY, AUGUST 16, 2017

POLITICS

Group Politics Editor Tobi Soniyi Email tobi.soniyi@thisdaylive.com 08033146139 SMS ONLY

EXECUTIVE BRIEFING

Battle for the Soul of Local Governments Davidson Iriekpen joins the debate on whether the conduct of local government elections should be transferred to the Independent National Electoral Commission or not

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uring the last local government election in Edo State, there was an allegation that while voting was ongoing in a stronghold of the opposition, where the ruling party was likely to lose, suddenly all the candidates of the ruling party were declared winners of an election that was yet to be concluded. At the end of the elections, not only did the ruling party clear the 19 chairmanship seats, but all the councillorship seats as well. In Lagos State recently, the ruling All Progressives Congress (APC) cleared all the 57 chairmanship seats and 369 councillorship positions out of the 376 leaving only seven to the opposition. The two states are not the only culprits in this game of ‘landslide victories’ over opposition candidates by the ruling party at the state level. Since 2015, no fewer than 12 states that have conducted local government elections have witnessed the ruling parties clearing the entire results. For instance, in Kebbi and Benue states recently, the APC swept all the chairmanship seats and councillorship positions. The same goes for states governed by the PDP. Perhaps, this was why the Senate during its plenary session last month, proposed the alteration, as part of constitutional reforms, to make local governments independent of states. The upper chamber argued that allowing states to oversee local government elections makes a mess of the call for autonomy, as it moved that the Independent National Electoral Commission (INEC) should conduct local polls. Before then, the debate for local government autonomy has been on the front burner over the years on the ground that governors usurp the powers of the councils. In most cases, instead of governors allowing elections to take place at the council, they resort to using administrators thereby denying the people at the grassroots the ability to choose who run the affairs of their councils. The norm now is that ruling parties used states’ apparatus and electoral commissions to have their way. For instance, before the council elections in Lagos State, several issues, ranging from the controversial primaries of the APC, the state Independent Electoral Commission (LASIEC) administrative fees, the surreptitious amendment of the state electoral law by the state’s House of Assembly and its speedy approval by the governor that same day among other developments were expected to affect the outcome of the polls. But in the end, the result was not different from the usual. Although the Senate proposal is at variance with the cries for devolution of powers from the centre to the states, as it would increase the administrative burden of the national electoral umpire, many see it as a solution to what they described as autocracy of state governors. In fact, since the commencement of the current lap of Nigerian democracy in 1999, state governors have become like emperors in their domains where they trample on the rights and even the finances of the local councils. Almost all the governors have virtually stifled democracy at the grassroots because of the illegal demand not only to control the funds accruable to the councils from the federation accounts but also to force their brand of democracy on the people. Rather than give the councils the autonomy that the constitution envisaged would engender development of the tier that is closest to the people, the governors, in most cases, find excuses to turn the local governments to pawns in their selfish power games. These excuses have made them to install interim administrators to run the affairs of the councils. Where it is obvious that the ruling party and the governor may not have their way in winning a free and fair contest to control council administrations, they either seek the protection of a manipulated judiciary or go all

Dogara... council elections are a sham

out to embark on bare-faced rigging through their control of their electoral commissions which are anything but independent. Even when there is a change of government that resulted in the council administrations falling on the side of opposition platforms, state governors, like it recently happened in Ondo with the emergence of the APC government of Rotimi Akeredolu, have a way of dissolving the third tier by fiat before getting dubious judicial covers for their actions. And because political control of the councils is necessary to build a hegemony that many governors crave especially in securing re-election, the local government became important building blocks in the construction of their power edifices. Many analysts have argued that the mismanagement of the grassroots electoral process by the states is usually cited by those who opposed the idea of introducing state police. They argue that with the way many governors, who refuse to remove the log in their eyes but complain about the speck in the eyes of the president, manage their states, especially council funds and politics, the state police would definitely be turned into a terror gang to haunt and hunt the opposition. While meeting with senior journalists in Abuja recently, the Speaker of the House of Representatives, Yakubu Dogara, attested to the sham called local government elections when he described the conduct of the polls as a shame and mockery of democracy. He added that the current system was not working. The speaker said the local government elections have benefited only those who constituted themselves into middlemen to grab the resources meant for the development of the grassroots. He accused the state electoral commissions of promoting a mockery of democracy by organising elections where only one political party wins. “If we keep sticking to it and expecting it to work someday, I don’t know who termed it as the very definition of foolishness. I have never seen where democracy is mocked like in Nigerian local government elections, so I don’t see how we can continue to mock ourselves that we are practising democracy at the third tier of government.” According to him, repeated efforts to grant autonomy to local governments through constitutional reviews have remained a mirage because of vested interests. He posited that as

long as the resources appropriated to councils are mismanaged by a powerful few, so long would it remain the bane of development in Nigeria. He said: “If local governments are able to achieve autonomy, it will improve the pool of quality leadership that will manage the resources at that level more efficiently and at the end of the day. We can have an oasis of prosperity in the desert of nothingness and instead of all our people migrating to the cities, they will be able to find some kind of prosperity at the local level that can sustain them.’’ For instance, the National Chairman of the Progressive Peoples Alliance, Peter Ameh, said was it was important that the conduct of local government elections should be transferred to INEC because it was impossible to get a free and fair election under the current arrangement. “The current system encourages massive rigging because SIECs are under the control of the state governments which belong to a political party. As we have seen over the years, parties which control states will stop at nothing to tailor the results in their favour. “You will discover that all council elections conducted in states are won by the party in power; the opposition is left with nothing. If local authorities have autonomy and tenure guarantees, it will be easy for the people to hold them to account. This will, in turn, bring development closer to the people. “Look at Federal Capital Territory council elections for instance, consider the history of victories. No matter who is in government at the centre or as the minister, you will find that other political parties with strong candidates have often emerged victorious,” he said. On his part, a lawyer, Mr. Malachy Ugwumadu, observed: “This has to do with the operation of the concept of federalism. INEC is an establishment created under Section 153 of the 1999 Constitution and has the responsibility to conduct elections in the country. The need to have an equivalent of INEC at the state level for the purpose of the local government elections was borne out of the same concept of federalism. “The concept recognises the juxtaposition of power at the national and state levels. That concept inherent in it also advocates the notion of independence at that state level. “If we admit that proper federalism is to be practised in Nigeria, the federating states should have the capacity to conduct their own

elections. That is the argument for the state electoral commissions. However, we have come to see that we cannot continue to create further crises in a bid to operationalise federalism as conceived in developed countries. “Remember that these advanced countries have gone beyond the mundane challenges of corruption, lack of transparency and accountability. These are political vices that make nonsense of our federalism. Therefore, as seen from the Nigerian experience, it is best to allow INEC superintend over these elections. “Much as I concede that this will run contrary to the concept of federalism, our experience has shown that the same way houses of assembly have become an appendage of the state governments, what happens during local government elections is usually the wish of the incumbent state government. “It has, therefore, become difficult for opposing parties to win local government elections in a state. Whereas INEC is independent, the state electoral bodies are not. I, therefore, agree that perhaps, what can happen is that, INEC should have a supervisory role rather than taking over completely the activities of the state electoral commissions.” However, the Publicity Secretary of the Peoples Democratic Party in Ekiti State, Jackson Adebayo, reasoned otherwise. He said: “In a normal democratic federation, each unit of the federation should have its own electoral body. While the federal government manages the body that conducts national election, the local election should be left in the hands of state governments. “INEC, as created by the constitution, is to conduct elections into the offices of the president, governors, and members of the National Assembly, state Houses of Assembly as well as elected officials of the Federal Capital Territory. “INEC, as presently constituted, has failed the majority of Nigerians because it has too much to chew. It has become irresponsible and easily manipulated. With the political culture in Nigeria, it will be a disaster if INEC conducts local government elections, especially in opposition states because of greed and nepotism. Those who drafted the constitution must have thought of this when leaving local governments out of areas where INEC conducts elections. I can only agree that INEC should conduct local government elections if Nigeria is restructured.”

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T H I S D AY ˾ TUESDAY, AUGUST 16, 2017

POLITICS

APC Heading for Disaster in Ebonyi The crisis rocking the All Progressives Congress in Ebonyi State may spell doom for the party in 2019, writes Benjamin Nworie

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f the pronouncements by Justice H. A Njoku of Ebonyi State High Court sitting in Abakaliki is anything to go by, the National Chairman of the All Progressives Congress (APC), Chief John Odigie-Oyegun risks jail for failing to appear before the court on issues relating to protracted leadership struggle in the Ebonyi state chapter of the party. The court has ordered him and the National Secretary of the party, Mai Mala Buni to appear before it on September 28, 2017 to convince the court why the duo should not be committed to prison for alleged disobedience of court orders. The national chairman and national secretary had earlier been served with Form 48 which is the notice of consequence of disobedience to court order. Welcome to the APC Ebonyi state chapter where the party has been embroiled in a leadership struggle between the chairman, Ben Nwobasi and his erstwhile deputy, Eze Nwachukwu. So protracted was the struggle that Nwobasi was forced to approach the state’s high court to restrain Nwachukwu from parading himself as the state chairman of the party. The two leaders of the party are to appear in person to explain why they should not be committed to prison for disobeying an order of interlocutory injunction restraining them, their agents and privies from conducting any new congress aimed at electing new executives of the party in Ebonyi state. Justice Njoku further ruled that he would not entertain any other application from the two respondents unless they appear in person as stated, stressing that if they fail to appear, they would face the consequences.. The judge, who frowned at the way the duo flouted the orders of the court, agreed with the counsel to the Applicants who had argued that based on an appeal court ruling the duo must appear in person to tell the court why they should not be commuted to prison for flouting the orders of the court. The crisis began when Buni, on February 23, 2017 in a letter to Nwachukwu, conveyed to him, the approval of the party’s National Working Committee (NWC) his nomination as the acting state chairman of the party in Ebonyi state. This development, according to Oyegun was to assuage the pressures from stakeholders of the party in the state. Expectedly, the letter raised uproar, following which the national leadership of the party hurriedly wrote another withdrawal letter to Nwachukwu on the ground that the national leadership acted in ignorance of the subsisting court order, which precluded the respondents from continuing with the new appointment. Buni in a copy of the letter dated April 25, 2017 which THISDAY obtained said “my attention has been drawn to a subsisting order of court granted by Hon. Justice A.A Nwaigwe of the State High Court Abakaliki, Ebonyi state on the 6th day of November 2014, restraining the party from taking any step in relation to the existing state executives. This therefore precludes us from continuing with your appointment as Acting Chairman of APC in Ebonyi State as such appointment will run foul of the court order and will be an affront to the rule of law which the party has sworn to uphold and abide by”. Despite this however, the national leadership has continued to relate with him as the acting chairman and the head of the party in the state. An indication to this effect manifested at the Presidential Villa during a meeting of the Acting President, Prof. Yemi Osibanjo with state chairmen of APC where Nwachukwu was cleared as the authentic Ebonyi state chairman of the party to attend the meeting. Before then, the two factions had conducted parallel delegate congress elections in the state. As Nwobasi’s APC held its own across the 13 council areas of the state, Nwachukwu’s faction relocated to Nkwegu Ugbala Grand Arena Hotel in Abakaliki, the state capital to conduct its own. Nwachukwu’s choice of

Oyegun, accused of favoring one of the parties

hotel as his venue might have been as a result of the fact that be he is yet to secure office accommodation for his faction like Nwobasi, who is in control of the state office of the party. However, Nwachukwu claimed that he chose a centralised venue to make it easier for all voters across the state to come and cast their votes. “We started our congress by 1pm at Nkwegu Ugbala grand arena. We have to centralise the venue so that all the voters will come here and cast their votes; we are expecting all our members including the Minister for Science and Technology, Dr. Ogbonnaya Onu and other bigwig of the party,” he explained. It was earlier alleged that Onu hijacked the five-man panel, who boarded the same flight to Enugu with him after discovering that

Already, the APC crisis is helping the PDP to consolidate in the state, It has given the state governor, Dave Umahi, the latitude and time to strategise for his second term

Nwobasi and his supporters had thronged Enugu airport to receive the panel to an unknown place. Contrary to the allegation however, the chairman of the panel, Alhaji Shenu Abdulkadir, who spoke to THISDAY on phone denied meeting with Onu and rejected the allegation that his panel was hijacked by the minister. He said that he was given specific instructions in a letter by the national secretariat of APC to look for one Eze Nwachukwu, who was addressed as the state acting chairman. He said that was what he did. which he did. Abdulkadir said “I did not see Onu when I came to Ebonyi. I know Onu when we were in ANPP. I learnt there are two factions in Ebonyi and one of the factions is recognised by the national secretariat. I don’t even know any of the factions. I was given a letter from the national secretariat to look for the state acting chairman, one Eze Nwachukwu”. “The letter instructed me to look for him with an attached address and phone number. The only thing that happened was that INEC disappeared on Saturday during congress but we were together on Friday when we arrived. They followed us to DSS, Police and even the hotel where we lodged but we did not see them on Saturday during the congress”. However, the National Publicity Secretary, Malam Bolaji Abdulai expressed full assurance that all the issues in Ebonyi state chapter of the party would be addressed. He however pointed out that the challenges were not peculiar to APC. “It’s true that in some states, like Taraba, Kogi, Kaduna, Rivers, Ebonyi we have issues. But we are tackling them one after the other. We have set up a panel to handle the issues. I don’t know the particular issue in Ebonyi state but I know we have issues tthere. We

want everybody to remain but you have to know that the problems are not peculiar with APC, Abdullahi, APC spokesman said. A top party source noted that the Ebonyi APC crisis has continued unabated due to the fear that if Nwobasi secures the control of the party, he may scheme out Onu’s camp in the 2019 general elections. Observers also fear that he may frustrate the defectors from the Labour Party, who are the life wire of the Nwachukwu’s camp. Even as the crisis persists, the actors are not ready to shift ground because they believe that whoever eventually takes control of the party in the state will enjoy federal might during the 2019 general election. Most of them have also envisaged that with APC in control of the federal government, it would only take “mere instructions” from relevant quarters for them to wrestle power from the PDP leadership in the state. But whether APC resolves its crisis or not, the choice of who will fly the flag of the party in the various positions will pose heavier challenges for the party, especially the governorship as the cry for zoning has continued to rent the air. The reason for the clamour for equity, fairness and zoning principles is based on the fact that in Ebonyi state, the Abakaliki bloc controls two senatorial districts: central and north, while Afikpo bloc controls only the south senatorial zone. Already, the APC crisis is helping the PDP to consolidate in the state, It has given the state governor, Dave Umahi, the latitude and time to strategise for his second term. As the crisis in the APC Ebonyi continues to linger, many are of the view that the party’s bid to have a foothold in the southeast may be in jeopardy.

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TUESDAY, AUGUST 16, 2017 ˾ T H I S D AY

FEATURES

Acting Features Editor Charles Ajunwa Email charles.ajunwa@thisdaylive.com

What Elumelu Really Wants In recent times, Tony Elumelu has become the face of developmental entrepreneurship in Africa. Solomon Elusoji revisits his message at the Mandela Washington Fellowship Summit in Washington DC

Elumelu delivering his keynote speech at the 2017 Mandela Washington Fellowship Summit in Washington , DC...recently

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his month, Tony Elumelu delivered the keynote speech at the Mandela Washington Fellowship Summit in Washington, DC, the U.S. capital. The Summit marked the end of the academic component for 1,000 young Africans who were selected for the Mandela Fellowship in 2017 and featured networking and panel discussions with U.S. leaders from the public, private and non-profit sectors. The Mandela Washington Fellowship was started in 2014 as the flagship programme of the Young African Leaders Initiative (YALI), a signature effort of the Barack Obama administration to invest in the next generation of African leaders. The Fellowship aims to empower young people through academic coursework, leadership training and networking. The Fellows, who are between the ages of 25 and 35, are selected based on their records of accomplishment in promoting innovation and positive impact in their organisations, institutions, communities and countries. So, having Tony Elumelu address the 2017 Fellows was not a coincidence. Elumelu, recognised by Forbes in 2012 as one of Africa’s 20 Most Powerful People, garnered his wealth via a long, successful career in banking and investment. But his banking success did not get him before the Mandela Fellows; something else did. In 2010, Elumelu founded the Tony

Elumelu Foundation (TEF), focusing on direct interventions like scholarships and fellowships to support future leaders. But, on Monday, December 1, 2014, TEF announced a $100 million entrepreneurship

When I retired as CEO of UBA and asked myself if I can institutionalise luck because we are all a product of many factors, the kind of place you worked, the kind of leaders you have, your upbringing. So I just felt that it would be nice to give support to young Africans who have ideas and not capital

fund under the Tony Elumelu Entrepreneurship Programme (TEEP), with a commitment to giving start-ups and entrepreneurs with a dream the funds, mentorship and network to become the next generation of global business titans from Africa. The programme, which is already running its third course, is designed to identify and help grown an initial 10,000 start-ups and young businesses from across Africa within 10 years, targeting the creation of one million new jobs and $10 billion in annual revenues. “Whether you’re in Lagos, Accra, Johannesburg, Nairobi or Dakar, Africa is buzzing with entrepreneurs who need a platform that enables them to take their business or idea to the next level,” the then Director of Entrepreneurship at the TEF, Parminder Vir OBE, said. She was appointed CEO Tony Elumelu Foundation in June 2015. “When I retired as CEO of UBA and asked myself if I can institutionalise luck because we are all a product of many factors, the kind of place you worked, the kind of leaders you have, your upbringing,” Elumelu told the Mandela Fellows. “So I just felt that it would be nice to give support to young Africans who have ideas and not capital.” The TEEP is guided by three principles: the inclusive economic philosophy of Elumelu’s Africapitalism, which suggests that a vibrant African-led private sector

is the key to unlocking Africa’s economic and social potential; the commitment to drive African economic growth through the empowering of African entrepreneurship; and a mission to ‘institutionalise luck’ by creating an environment where African entrepreneurs can get critical elements of support in the early stages of their business life. Elumelu’s unwavering confidence that Africa can and will thrive can be traced to his own journey, which was largely shaped on the continent. Unlike most of Africa’s success stories, he wasn’t raised in the white man’s land nor did he acquire his first degree from a posh university in the United States. He was born in Jos and received a Bachelor’s Degree in Economics from Ambrose Ali University and a Master of Science degree, also in Economics, from the University of Lagos, before moving into the local banking sector, where he rose through the ranks to become one of the most financial savvy professionals in the world. So, he has first-hand knowledge of the challenges, the opportunities inherent in the African economic system and believes that with a virile support system, Africa can rise. At the Mandela Washington Summit, Elumelu underlined the importance of good leadership, which he believes, like the immortal Chinua Achebe did, is the main problem stopping the transformation

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FEATURES

Elumelu (middle) with the selected TEF entrepreneurs that attended the 2017 Mandela Washington Fellowship

of the continent. “For a continent that is hugely endowed with so much, we should actually be a land of plenty but unfortunately, we have not been able to get it right and the only reason it is this way is the dearth of good leadership across both the private and public sectors,” he said. “Africa is colonised by hunger and poverty and so if you are called Mandela Fellows, you should go back with an agenda that leadership occurs at every level and that whilst apartheid is gone, there are other forms of oppression, injustice and hardship and the greatest of it all is poverty, manifesting itself in so many other ways.” This golden virtue of leadership, the kind Mandela displayed, is what Elumelu has committed the rest of his life and fortune to achieving, using the TEEP as a medium. One of the five core criteria through which applicants are accepted into the programme is their leadership potential, their ability to be able to attract people, customers and resources to achieve a goal. Beyond the economics, Elumelu also urged the Mandela Fellows to stop being passive about the governance of their communities, since politics tends to define the quality of any society. “When we were growing up, we used to think that politics was for second class people

Elumelu...driving the African dream through entrepreneurship

Africa is colonised by hunger and poverty and so if you are called Mandela Fellows, you should go back with an agenda that leadership occurs at every level and that whilst apartheid is gone, there are other forms of oppression, injustice and hardship and the greatest of it all is poverty, manifesting itself in so many other ways

but we have long realised the stupidity in that kind of thought, the basics supports the super structure because if you have a weak foundation the structure will not last,” he said. “We remain a continent whose destiny is shaped by people who we think or call second class citizens “And I say to people, when you go to a country (and I know for a fact a country), where a mad man directs the flow of traffic. It tells you that something is fundamentally wrong with that society, it tells you that everyone is beneath the IQ of that mad man or the mad man will shape everyone to operate in that fashion and that is what this generation should be intolerant of otherwise you will not be paying a good reward to the name you are carrying or to the U.S. Government that has thought it wise, really wise because I am one of those people who have said the age we

Elumelu giving his remarks to the 2017 Mandela Washington Fellows

live in is not one of handouts, teach people how to become self-reliant and fishermen.” When this reporter asked several public policy analysts and economists on the question of whether Elumelu’s approach to solving Africa’s problems – the idea that Africans, through entrepreneurship, have what it takes to spur the continent’s economic growth – has merit, they were unanimous in their response: yes. The reason is not far-fetched. Every year, hundreds of thousands of young Africans attempt to emigrate to Europe and America, in search of a better life. The challenges in their home countries are economic, the challenge of unemployment and underemployment, the absence of basic amenities like electricity, water and basic healthcare, the absence of a social safety net. But entrepreneurship offers creative ways through which these problems can be solved, while triggering

economic growth and development. Elumelu’s TEEP is designed to do just that. So what Elumelu really wants – which is to inspire a new generation of African leaders through the provision of entrepreneurship opportunities – is what will define his legacy. He told the Mandela Fellows that he and his family had that – legacy – in mind when he launched TEEP. “We didn’t do it because we were the richest or because we have so much, we struggled to make it happen,” he said. “But it was all about defining, understanding and reconciling ourselves to how we want to be remembered long after we are gone because what does it profit anyone to keep all your resources in the bank accounts, you don’t even know how your kids are going to spend the money. If you do not share part of it to bring economic prosperity to everyone realising that poverty anywhere is a threat to mankind everywhere.”

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T H I S D AY TUESDAY AUGUST 15, 2017

PRESS RELEASE Date: August 15, 2017

“RAILWAY TECHNOLOGY BEYOND THE EXPERTISE OF MOST NIGERIAN ENGINEERS: HON. MINISTER OF TRANSPORT.” - Rotimi Amaechi A statement credited to the Hon. Minister of Transport Mr. Rotimi Amaechi by ThisDay Newspaper of July 21, 2017 to the effect that railway technology was beyond the expertise of most Nigerian engineers is most unfortunate. This may appropriately be described as faux pas, a gaffe for reason that it glossed over the real issues.

? Deliberate appointment of non-railway men to operate and manage the railway

engineering, technology and management systems which the Hon. Minister of Transport himself has honestly qualified as "complex engineering technology.” ? Conferring of undue advantage to universities over and above technical Institutes

Even if the substance is reflected by today's reality, there is no universal truthfulness to it. It is also morally repugnant that a representative of a federal government system that unwittingly and progressively dealt a mortal blow to the system over the years to turn around to make such a claim, would be a situation of “hunting with the hounds and running with the hares”. I am 86 years of age. I served the Nigerian railway for close to 37 years. I was born on the railway environment to a railway signals and communications fitter. I rose from the ranks to become everything any engineer or operations specialist could aspire to be on the railway system. I was the first Managing Director / Technical Adviser to NRC [1985-87]. I trained locally in NIGERIA, the United Kingdom and Indian railways through the Higher Training / Traffic Cadet Schemes. I have experience of railways of Africa, Europe, USA and Canada to mention a few. I was consultant to the World Bank and UNECA at some stage; and I undertook assignments on the Tanzania and Ghana Railways for the World Bank ; and the Sub-Saharan AFRICA “Human Resources and Institutional Development” project for the ECA.

(e.g. Yaba Technical Institute) that were very viable sources of skilled manpower. ? Ignoring of the railway system which was maintained by the British as an

indispensable asset of national development. The British established the railway departmental training schools for developing departmental skills in civil (track and bridges), mechanical/electrical; and signals and communications engineering; and Traffic Training Schools for outturn of railway operating and commercial staff. The British also established the Higher Course Apprentice Training Schemes for training pupil engineers; and the Higher Training Scheme for traffic assistants and traffic cadets of the Operating and Commercial and Management departments towards the next level training with emphasis on practical field experience in workshops stations, signal boxes and research laboratories(local and overseas.) The streams of qualified personnel from the training institutions (local and overseas) fed into the railway departmental systems for maintenance of assets and equipment; and improvement of standards and services; and for planned provisions for seamless succession in key railway departments. All these were jettisoned by visionless political leadership; and the day of reckoning is here.

Apart from serving on key positions as the first Indigenous Traffic and Commercial Officer (Kaduna); District Superintendent (East) Enugu; Railway Divisional Manager (West) Ibadan, I saw service at the regional level and for a brief period.

? Undue emphasis on political considerations over and above everything else including

I represented West Africa in the Union of African Railways (UAR) as Vice President. As private railway consultant, I was commissioned by President Obasanjo February (2002) to produce the "25Years Strategic Vision of Railway Development (2002-2027)." My company Natchuks Consult collaborated with two other international consultant outfits -TEAM of Rome and Transurb Technirail of Belgium to develop the Strategic Vision.

? Adoption of wrong choices bereft of beneficial rewards in national life. We do not

Earlier in my career as railwayman, I studied under and was mentored by brilliant Nigerian Railway Engineers and professionals par - excellence - Engr. Oyibo Egbuna, T. I. O. Nzegwu, F. A. O. Philips, F.J.H. Jaekel (Expatriate) , Mr. T S Agbabiaka and Mr M. O. D. Oshosanwo ( all of Blessed Memory) . They died unsung by our country that has no heroes to be celebrated. Yes, I want it on record that NIGERIA had trained professionals and experienced, certified and chartered engineers, technicians and technocrats in the civil (track/ bridges /building), mechanical, electrical, signals and communications engineering; and never lacked chartered operations and management professionals who could hold their own in any railway system. I was there to participate in the construction of the Kuru - Maiduguri railway section. Mr. Amaechi has a right to hear that Maiduguri section of the railway was constructed wholly by Nigerian Engineers, technicians and artisans of all grades under Engr. A. B. C. Onuorah as Construction Engineer and Engr. S. O. Omotosho Senior Assistant Civil Engineer and other Nigerian engineers without one expatriate in sight. I should know because, I served as Ag. Senior Traffic and Commercial Officer Bauchi in charge of operating engineering trains on Bauchi Extension, during the period. Moreover, indigenous railway management took over from the RITES of India (1982) and managed the railway despite a very hostile environment until the military invasion of railway management in1986. Hon Minister may cite the approved railway capital budgets between 1980 & 1990 to feel the taste and experience the impact of the reduction of federal allocation and gradient of fund releases to the NRC, even as railway fixed and mobile assets aged by geometric progression. The general public should note that NIGERIA caused her woes in the railways as in other vital sectors of the national economy by the following; ? Compulsory retirement of thousands of fully baked railway engineers and artisans and operations/management specialists trained at great public expense (home and abroad) no thanks to a senseless pursuit of a blind agenda noted as Quota System and Ethnic balancing Policy” starting from 1986/1987. This policy is being executed without due consideration of the sensitivity and highly technical nature of certain sectors and segments of the national economy. ? Non-mobilization of the displaced railway experts, the way the army mobilized ex-

service men as "reserve army”. If this was done in the railway and other engineering sectors of the national economy, the present shortage of skills and expertise; and resultant dependence on overseas contractors and consultants with its large scale capital outflow would not have arisen.

technical competence. Today all positions on the mountain of governance in all sectors of the national economy are apparently available for occupation by only the Nigeria's "Third Eleven".

have to go far to get hit by the hard facts told by the newly laid railway tracks which are of Chinese standards as against the British standards of old. Similar development is unfolding in the education sector where political leaders want to enforce Arabic on all students in Nigeria. What if Christians should insist on enforcing Hebrew or Greek on all students? Has Arabic language become nuclear science or engineering st specialization that would salvage Nigeria in the 21 century? This is a question for another day. ? Neglect of technology-based transport institutions in Nigeria like the Nigerian

Institute of Transport Technology, Zaria which I, alongside other committed compatriots like - Engr. T I O Nzegwu ( then General Manager /CEO NRC), Engr. Sam Ojekwe, Engr. Chris Okoye, Mr. Henry Ogwo, J. E. Abili and M.A.E. Chibundu packaged and pushed for its establishment in the name of Railway Training Institute (RTI) Zaria. On approval, the RTI project was rechristened NITT by the then Mr. President- Shehu Shagari – thanks indeed, to the then Minister of Transport, Alhaji Umaru Dikko and the Permanent Secretary Transport - Alfa Wali who were instrumental to the approval by Mr. President –in-Council. Nigerians may have need to rework the present emphasis of the institution's training programme towards its focus on development of railway ( in fact transport) technology and practical research capabilities of Nigerian engineers and transport specialists. I invite National economic managers to place NITT as an on-going project. Permit me to stress that going forward, the Ministry of Transport and the Hon. Minister should not just decry a self-inflicted situation; but must do the needful by going all the way to reinvent the Nigerian railway away from all the blunders of successive postindependence federal administrations. Ultimately, the Nigerian railway should have a life of its own free from all forms of remote controlling and macro-management that have done it no good over the years. Only accountability by management of the remit given as responsibility managing the railway as an indispensable asset of national development should suffice. For the railway to succeed, the system must be driven and managed by tried and tested professional railway men and not political appointees who are technically inept. I apologize for my audacity, but the truth must be told for the sake of posterity. I urge the Hon. Minister, Mr. Amaechi to please go back to basics. I invite him to look out for my writeup on the "Nigerian Railway - The Dawn, The Eclipse, The Resurgence" which I here kindly request the print media family to provide space for in the next few days. By NATHANIEL C.U. OKORO [17A Hunponu Wusu Street, Lekki Phase 1, P.O.BOX 53736, S.W.IKOYI, LAGOS. E-mail: natchuks_consulting@yahoo.com]

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BUSINESSWORLD R A T E S NIBOR OVERNIGHT 1-MONTH

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Group Business Editor ChikaAmanze-Nwachuku Email: chika.amanzenwachukwu@thisdaylive.com 08033294157, 08057161321

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Quick Takes Chevron Wins Multiple Awards Chevron Nigeria Limited (CNL) emerged Best Exhibitor at the recent 2017 Nigeria Annual International Conference and Exhibition (NAICE) of the Society of Petroleum Engineers (SPE). At the award night held to round off the conference, CNL’s Frank Ogbuagu, who is Reservoir Simulation Engineer, clinched the prize for the Best Technical Paper. Frank’s paper titled “Managing Reservoir and Operational Decline without a Rig: An Okan Case Study,� was co-authored by Femi Afolayan, Femi Esan and Nsitie Obot - all CNL employees. CNL was adjudged the best exhibitor based on its excellent performance in the assessment criteria of content/quality of material exhibited, aesthetic of booth, audience engagement and conduct of booth personnel. The assessment of exhibitors was conducted by Price Waterhouse Coopers (PWC), an international Consultancy Service Company employed by SPE to appraise exhibitors. CNL was earlier honoured with a Distinguished Corporate Support Award by the Lagos Section of the SPE at its Annual General Meeting also held in Lagos. The award was received by the Onshore Asset Manager, Eddie Agbongiator, on behalf of the company. General Manager, Policy, Government and Public Affairs (PGPA) of CNL, Mr. Esimaje Brikinn, expressed the company’s appreciation for the recognition and award.

BUSINESS COLLABORATION

L-R: Group Managing Director, Palton Morgan Holdings, Adeyinka Adesope; Managing Director, Grenadines Homes, Fernando Barreto; Partner, ECAD, Abiodun Akanni; Chairman, Palton Morgan Holdings, Femi Banwo; Partner, MO & A, Mr. Dapo Abe; Managing Director, Tillyard Nigeria Ltd, Yemi Osisami and Managing Director, Cappa & D’Alberto, Giovanni Melo Grand at the signing-on of Cappa & D’Alberto as main building contractor on the Atlantic Resort Development at Victoria Island, Lagos ... recently

NSIA:GovernorsBackedInvestmentof$250m NLNG Dividend Stories by Chineme Okafor in Abuja The Nigerian Sovereign Investment Authority (NSIA) has said that it invested $250 million of the dividend that accrued to the 36 states of the Federation in 2016 from the operations of the Nigeria Liquefied Natural Gas Limited (NLNG) with the support of the state governors. This revelation is a strong indication that the governors have stopped their opposition to the creation of the NSIA. NSIA’s Managing Director, Dr. Uche Orji, told the Executive Secretary of the Nigeria Extrac-

ENERGY tive Industries Transparency Initiative (NEITI), Mr. Waziri Adio, that the sovereign wealth fund (SWF) agency has a diversified portfolio of medium and long term revenue yielding projects where it invested the funds. A statement from NEITI in Abuja explained that Adio visited the NSIA to work out partnership modalities on management of revenues Nigeria gets from extractive industries operations but often given to the SWF. The NEITI also stated it

got the National Orientation Agency (NOA) involved in the partnership framework to promote transparent and accountable management of funds in the SWF. Similarly, it said that it took the decision to seek the partnerships after it published a recent Occasional Paper, which underlined the need for Nigeria to have a robust savings from the revenue it gets from her extractive industries. In the publication, NEITI drew public attention to the fact that Nigeria failed to save enough oil revenues to sustain economic activities when oil

prices were quite high. “Also problematic is the level of consumption relative to non-oil exports. Nigeria typically responds to high oil prices with equally high but manifestly unsustainable level of consumption. The absence of sufficient savings left Nigeria severely exposed when the price of oil, Nigeria’s main source of government revenues and foreign exchange, started to plunge in 2014,� said the publication. Adio equally added that its publication of the paper was Continued on page 22

NBET, TCN to Seal Power Sale Agreement with Niger, Togo The Nigerian Bulk Electricity Trading (NBET) Plc and the Transmission Company of Nigeria (TCN) have indicated their intentions to finalise and execute power sale agreements (PSA) with two international electricity customers - SociÊtÊ Nigerienne d’ElectricitÊ (NIGELEC) and CommunautÊ Electrique du BÊnin (CEB). NBET and TCN have also stated that they want the two international customers to immediately pay up their outstanding electricity debts worth $115.91 million to the Nigerian electricity market. NIGELEC, according to the NBET and TCN owed $14.45 million, while CEB owed $101.46 million to the market.

ENERGY However, in a communiquĂŠ of the last monthly power sector operators’ meeting held in Abuja, NBET and TCN stated that they had set up a meeting with CEB and NIGELEC, to finalise on the PSA which was been negotiated. The communiquĂŠ also noted that both agencies had agreed on a new sharing formula for the outstanding monies, and which the ministry of power has equally approved. “The representative of NBET informed the meeting that the report on international customer payments had already been submitted to the ministry with full details of the outstanding

amounts owed by CEB and NIGELEC (i.e. $101.46 million and $14.45 million respectively),� said the communique. “He stated that NBET and TCN jointly forwarded a letter to CEB and NIGELEC requesting them to pay the reconciled amounts. He stated that NBET and TCN were planning to attend a meeting at CEB’s Headquarters in Lome, Togo, to finalise and execute the Power Sale Agreement (PSA) currently being negotiated and to prevail on CEB to immediately effect the outstanding payment at the meeting. He also informed the meeting that NBET and TCN had agreed on a new sharing formula on the outstanding amounts from CEB and

NIGELEC which had been presented to the ministry for approval,� the communiquÊ explained. Recently, the NBET disclosed that CEB and NIGELEC paid $159,773,116.61 to the power generation companies (Gencos), but that they still owed an outstanding debt of $92,315,986.20 to the Nigerian power market. NBET informed operators at the June operators’ meeting that NIGELEC (Republic of Niger) and CEB (Republic of Benin) made a total payment of $159,773,116.61 for power supplied and that the payment was duly remitted to the Gencos and service providers. Continued on page 22

Man Convicted for Vandalism The Chief Magistrate Court Bende, Abia State sentenced Mr. Onuorah Godswill, a native of Okoko Item in Bende Local Government Area to three years imprisonment, without an option of fine. Onuorah, who pleaded guilty to a one count charge of stealing, was arrested by some natives for vandalising bare conductor wire, property of Enugu Electricity Distribution Company (EEDC) along veterinary road, Okoko Item in Bende, Abia State. Only recently, five men identified as Chinedu Anike, Emenike Okoye, Chidera Nweke, Chukwu Onyekachi and Emmanuel Mathew, were apprehended for vandalising a distribution substation, property of EEDC, located in Awgu, Enugu State. The suspects who confessed to committing the crime have been transferred to the Criminal Investigation Department (CID), Enugu, according to a statement by EEDC’s Head of Corporate Communications, Mr. Emeka Ezeh. In a related development, Onyedika Dike and Echezona Obisike were arrested by men of the Federal Special AntiRobbery Squad (SARS) for vandalising EEDC distribution substation at Uhualla Osina Community, Orlu, Imo State.

Shell Protests Occupation of Flow Station The Shell Petroleum Development Company of Nigeria Ltd operated Joint Venture (SPDC JV) has said its commitment to the welfare of host communities in the Niger Delta remains unshaken, even as it decried the recent illegal occupation of Belema Flow Station and Gas Plant by some persons. A Shell’s spokesman, Mr. Bamidele Odugbesan said in a statement that the company had informed the authorities of the illegal occupation and was working towards resuming safe operations. Debunking allegations of neglect of communities in Kula kingdom and Belema in Rivers State, SPDC said it had implemented a Global Memorandum of Understanding (GMoU) in the area that led to a wide variety of social investment projects including university scholarships awards. It explained that, the Rivers State Government initiated a mediation process for the resolution of disagreements in the community, which had resulted in the creation of the Kula Project Implementation and Monitoring Committee (PIMC) in 2012.

“Some people have said that because I am not an engineer is the reason for continued power instability, but many people have served before me that are engineers and the challenges in power are still there�

Minister of Power, Works and Housing, Mr. Babatunde Fashola

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BUSINESSWORLD NSIA: GOVERNORS BACKED INVESTMENT OF $250M NLNG DIVIDEND

within its legitimate mandate as an agency charged with the responsibility of ensuring prudent management of revenues derived from natural resources. He clarified that in carrying out this function, NEITI focused mainly on Nigeria’s strategic interest and not necessarily on the work of any agency including the NSIA. In his response, Orji explained that the NSIA now enjoys the backing of the governors, and has equally established frameworks for good corporate governance, risk management, transparency, and accountability, as well as a solid governance structure that has attracted credible partners, notable investors, and private equity funds to it. “NEITI has a voice that resonates with policy makers and its other stakeholders. We found the publication exceptional and commendable. We are here to ask for closer collaboration between the NSIA and NEITI in the discharge of our individual mandates while working together for the common good of our country,” he said. “The Authority was set up to receive, manage and invest in a diversified portfolio of medium and long term revenue yielding projects. NSIA only invests on projects with huge potentials for direct positive impacts to the development of critical infrastructure in Nigeria, inflow of foreign NBET, TCN TO SEAL POWER SALE AGREEMENT WITH NIGER, TOGO

As part of existing bilateral relations between her neighbouring countries of Togo, Benin Republic and Niger Republic, Nigeria reportedly supplies up to 300 megawatts (MW) of electricity to CEB countries of Togo and Benin, as well as Niger Republic’s NIGELEC. While the CEB countries have 200MW of power from the supply loop, the balance of 100MW is thus reserved for Niger Republic

Group Business Editor

Chika Amanze-Nwachuku AgriBusiness/Industry Editor

Jonathan Eze

Comms/e-Business Editor

Emma Okonji

Capital Market Editor

Goddy Egene

Senior Correspondent

Raheem Akingbolu (Advertising) Correspondents

Chinedu Eze (Aviation) Linda Eroke (Labour) Eromosele Abiodun (Maritime) Ejiofor Alike (Energy) James Emejo (Nation’s Capital) Obinna Chima (Money Mkt) Chineme Okafor (Energy) Reporters

Nume Ekeghe (Money Market) Nosa Alekhuogie (Cap Mkt)

NEWS

US Ambassador Urges Nigerians to Invest in Nigeria As FG designates Lagos’ Tomaro Island as FTZ Stories by Ejiofor Alike The United States Ambassador to Nigeria, Mr. Stuart Symington has urged Nigerians to invest in the Nigeria so as to have the right to complain when things are not going right within the system. This is coming as federal government has declared the Tomaro Island in Amuwo Odofin Local Government Area of Lagos State, which hosts the Eko Petrochem and Refining Company Limited, a Free Trade Zone. Speaking in the new FTZ during the grant signing ceremony by the United States Trade and Development Agency (USTDA) and Eko Petrochem and Refining Company Limited at the weekend, Symington called on the citizens of the country to invest all they have and all they want to be remembered for in the country, stressing that it is the Nigerian people that should lead in the investment drive to improve the economy. Recalling his encounter with the Chairman of Integrated Oil and Gas Limited, promoters of the refinery project, Captain Emmanuel Ihenacho, the US envoy stated that when he asked the Integrated Oil boss his reason for making the investment, his reply was that “unless he made this investment, unless he did this thing to improve the economy of Nigeria - to make sure that foreign currencies are retained and that foreign

currencies are earned, to put Nigerians to work and bring world class expertise to Nigeria, he said ‘I would not have right to complain”. “This captain of a ship has now become a pilot for the country because the greatest question that any country can ever ask is ‘who is leading us and which way are we going and who is in the boat? And

the answer in Nigeria is that the people of Nigeria have to lead, the citizens have to say ‘I am not just going to complain, I am going to take all that I am, all that I have, all that I hope to be, all that I hope to be remembered for and I am going to invest them here in Nigeria. And then, if I don’t get what I want, I will complain. But not until then, I should

not complain. And then he has done what he has done with the government that believes profoundly in getting a visa quickly. He is investing at the time with a government that believes profoundly in the power of individual citizen and entrepreneur. He is doing it at a time with government that believes that Nigeria can do

what can be done anywhere in the world,” Symington explained. Also speaking at the event, Ihenacho said he embarked on the refinery project to retain the huge foreign exchange spent in importing petroleum products into the country, adding that if the country is able to do achieve this, the economy will improve significantly.

LUCK WINNER

L-R: Winner of the first edition of 7Up Harvard Business School MBA Scholarship (7UpHBSS), Miss Misan Rewane; General Manager Human Capital, Seven-Up Bottling Plc (SBC), Mr. Steve Olayinka, recipient of 2017 7UpHBS scholarship, Mr. Ahmed Alimi; Manpower Development Manager, SBC, Mrs. Philo Azu-Okwuezoe and Senior Brand Manager, SBC, Mr. Segun Ogunleye during the presentation ...recently

IBEDC Engages over 150 Towns, Energises Kwara Communities In line with Ibadan Electricity Distribution Company (IBEDC)’s vision of delivering quality service to its customers, the company has reached out to 150 communities within its franchise area in three months and also rehabilitated over 15 communities in Kwara State. This is coming as the company has also upgraded its facilities in about 15 communities in Kwara State by renovating the Sawmill 3x15MVA, 33/11KV and Agba Dam 2x15MVA,33/11KV Injection Substations in Kwara State, which will serve customers in Oko-Erin, ItaAmodu, Niger, Edun, Balogun Fulani, Ori oko/Ago/Fagba, Taiwo, Osere, Opo-Malu, Sabon line, Okesuna,Basin/Fate area, Sabo oke/Agric, TankeAlakowe, Nupe roadand Ojagboro/ Ipata communities. The company’s Head of Branding and Corporate Communications, Mrs Angela Olanrewaju said in a statement at the weekend that since May this year, the company had met with monarchs, government representatives, community leaders, CDAs, youths and other stakeholders from several communities to listen to their problems and find ways of addressing them. She also stated that some of the communities such as Osu, Oke Mesi, Okuku, Ibokun in Osun State; and Abiola Way, Olomore, Obantoko, Afobaje, Obasanjo Farm, Owode in Ogun

State were provided new poles and conductors. “Through these engagements, the company was also able to identify local issues hampering power supply to communities such as Ogijo, Ilaro, Sango, Ita-Oshin, Adigbe, Ijebu Ode, Iberekodo, bode-Olude in Ogun state and Iseyin, Saki, Okeeho, Okeebo, Ona Ara, Alphonsos, Aduloju, Akobo, Iwo road, Moniya, Ogbomoso in Oyo State. Many of these issues were promptly attended to, sometimes involving the repairs of some transformers and upgrade of other electrical installations,” she said. According to her, other communities also engaged include Molatori, Osi, Saadu, Shao, Lalupon, Elebu, Share, Otte, Offa, Ajase-Ipo, Sango, Ota, Ijamido, Imowo, Ilaro, Tanke, Ayepe, Ede, Aduloju, Bashorun, Orogun, Agbowo, Shokas, Ede Ologuneru, Jericho, Elebu and Oladele, Akilapa and Ayepe, adding that resolutions are ongoing on identified issues within the areas. Olanrewaju pointed out that recent developments within the electricity business have made it more important than ever to reach out to the communities. She added that the company recently launched its Asset and Customer Enumeration exercise (ACE) to ensure that all customers and assets within the company’s area of operations are captured for proper

investment planning. In a related development, company has also upgraded

its facilities in about 15 communities in Kwara State by renovating the Sawmill

3x15MVA, 33/11KV and Agba Dam 2x15MVA, 33/11KV Injection Substations.

Izomor: Nigeria Now Has Capacity to Fabricate FPSO Modules The Group Managing Director and Chief Executive Officer of MG Vowgas Limited, Mr. Godwin Izomor has declared that the Nigerian fabrication yards now have the capacity to fabricate the modules of Floating Production Storage Offshore vessels (FPSOs) and other complex offshore structures, stressing that the federal government should insist that complex fabrication jobs should be domiciled in-country in line with the Nigerian Oil and Gas Industry Content Development (NOGICD) Act of 2010. Speaking to journalists after a facility tour of his Mount Zion Fabrication Yard in Woji area of Port Harcourt in Rivers State, Izomor argued that the international oil companies (IOCs) should no longer export jobs abroad under the excuse that Nigeria does not have the capacity. “Before now, barges and tug boats are imported from Europe and America under the flimsy excuse that Nigeria did not have the capacity. But today, we have fabricated a lot of equipment without any assistance from anybody. The barges and tugboats we

use now in the industry are fabricated here in Nigeria. It is left for the government to support the local companies to insist that all the jobs must be domiciled in Nigeria. They should insist deliberately,” he said. Izomor noted that executing oil and gas industry jobs locally would help to create massive employment opportunities in the country, adding that Korean giants that have operated in Nigeria for over 20 years have not built fabrication yards in Nigeria so as to continue to create job opportunities for their people working in the yards in their home country. He said that his company in particular has the capacity to fabricate pressure vessels, modules, offshore structures, FPSO structures and topsides, stressing that his yard was built to curb capital flight. “We built this place to reduce the amount of our money being taken abroad. Can you imagine that Korean companies have been in this country for the past 20 years but none of them has a yard in Nigeria that can even fabricate a container? The reason is that they know that

if they build a yard here, their people will not be employed. So, it is our foolishness that kept Nigeria where we are today. Now, we have to believe in ourselves to start doing things in this country,” he said. He argued that no fabrication yard in Nigeria has the kind of equipment in his yard. “We are even bringing two major equipment. One is the oven. Our furnace has the capacity of 1,600 degree centigrade and is about 200 tonnes furnace. Then, till today, we still import the flanges from India and some other countries. Even the other yards in Nigeria still import those flanges from abroad. But we are the only company that is going to have it here in Nigeria. We have plasma cutting machine that can cut up to 200-millimetre thickness of plates. We have davvy rolling machine that can roll up to 200 mm thickness plates. We have three automated welding machines that can weld aluminium and stainless steel,” he explained. Izomor identified insecurity, poor electricity supply and lack of funding as some of the threats to local companies.

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ENERGY

Adeshina:NLNGShouldSupplyLPGCargo Weekly to Crash Prices The President of Nigerian Liquefied Petroleum Gas Association, Mr. Dayo Adeshina spoke to Ejiofor Alike on the challenges hampering LPG usage in the country and suggested what could be done to improve the situation. Excerpts: Why has the price of LPG not crashed to a level that will reflect Nigeria’s position as a producer of LPG? You can’t say that it has not crashed. At least, if you compare what you had earlier on to what we have now, you will know that there is a change. But I understand fully what you are saying. We need to understand that unless we take care of all the infrastructural challenges that we have, we are not going to have the desired results that you want. As a chain, every aspect of the chain must work. If one aspect of that chain breaks, then it is going to affect everything down the line. What are those infrastructural challenges? The infrastructure challenge I am talking about is in the area of discharge of LPG. When NLNG designed this programme, it was designed in such a way that there would be one discharge in a week. Now, at best in the past, we had one discharge in a month. It was only recently that they were able to do two discharges in a month but we need to go back to one discharge in a week or even two discharges in a week, if it is possible. That is when we can achieve that price reduction that we are looking at because with that, there more players will come into the business; more coastal terminals will be required. As you know, Port Harcourt terminal is about to come on stream. There is also one in Calabar. These are about 6,000 metric tonnes. That will free up a lot of pressure in the industry. Now, within the existing structure that we have, NAVGAS is going to build another 4,000 tonnes; NIPCO is building another 5,000 tonnes, bringing the additional capacity to about 10,000 metric tonnes. Another jetty is also being certified, apart from the NOJ and BOP. That will come on stream between September and October. Out of that, there is another jetty – PWA that is being certified. So, efforts are being made that will impact positively on pricing. Another thing you have to remember is that, yes, gas is produced in Nigeria and we have foreign pricing. But before when the price rose from less than N3 million to over N5 million, foreign exchange is a major problem. Some of the charges by the Nigerian Port Authority (NPA) and others are in dollars and those things have negative impact on pricing. But thankfully, now that the federal government is actually on board and directly trying to do something, there has to be a holistic approach now to look at where all the challenges are within the sector and once all those things are taken care of, we are going to see a keen competition and price will come down. What specific steps or efforts did you make to tackle some of the challenges you met on ground? First of all, the market was very fragmented. Yes, we had an association but we were not getting the right responses from the government. I guess we were shooting in one direction; we concentrated on the Ministry of Petroleum Resources because rightfully so, the ministry of petroleum is in charge of gas in the country. Now, if you keep doing the same thing all the time, you keep getting the same results all the time. But if you do it differently, you get different results, which is exactly what happened. In November 2014, I went to see a friend in Abuja. The federal government had just changed ministers and some were going to be appointed. When I got to his office, I noticed that there were security vehicles, pilot cars and heavy presence of operatives of DSS. I knew that my friend was active politically and was also a potential minister. I use to go to his office regularly whenever I am in Abuja. In fact, he is one of our council members in Abuja. But as I walked into his office on that particular day, I was stopped

Adeshina by DSS operatives, who informed me that the receptionist told them that I should be allowed into the office. So, when I got to his office, I saw a gentleman, who was sitting down. I greeted the gentleman and turned to my friend and asked him who was after him that he could bring that large number of security operatives just because of his ministerial ambition. I asked him if that was how he would deploy security around himself when he got a ministerial position and prevent his friends from coming around him. I told the gentleman sitting in his office that the man had been my friend for several years but political ambition was turning him into something else and he was putting security operatives around himself. I told both of them that if I met such security men next time and they disturbed me, I would break somebody’s head. My friend laughed and asked me to meet the Minister of Planning, Alhaji Suleiman (Prof. Abubakar Olanrewaju Suleiman), referring to the gentleman sitting in his office. So, at that meeting, I explained to the minister our challenges and he assured me that there was no reason why the government should not listen to us. I knew that that government would listen to us. So, we later went to him and presented our challenges and that was how the past administration formulated the LPG policy. For over one year, we were meeting constantly with all the relevant stakeholders – Ministry of Finance; Budget and Planning; Women’s Affairs; Customs; Fire Service; Health and Petroleum Resources. We were meeting monthly to fashion out LPG policy. The whole idea was to take that document to the National Economic Council and the Federal Executive Council. Of course, the former administration left and this present one came. We have presented to this present administration and thankfully, in the new National Policy, the whole section of LPG was taken from that policy document we prepared under the

past administration. For me, I am the most fulfilled human being right now because I have achieved what I needed to achieve for this industry. This industry needed to have a direction; this industry needed to be run in a proper manner. Investors needed to have a clear idea that they have government’s support that this is not a market where anything goes. So, for me, we have focus – this was what we wanted and we now have it. It is now up to us to take advantage of what we have to make investments because we now have a proper structure that is streamlined. We still have one hurdle to go – we still need to make sure that the entire country understands the importance of LPG. In Ghana, all the cars run on LPG. We are still chasing petrol around the whole place here. We are importing the petrol, while we have the LPG here. Why can’t we take advantage of the LPG that we have and reduce the amount of consumption of petrol and stimulate the LPG industry. In Indonesia, six million homes were converted within three years. They gave out cylinders free. With that, they saved $7 billion because before that, they were spending $9 billion on kerosene subsidy. We have spent $5 billion on subsidy. Thankfully, we have stopped subsidy on kerosene. But we need to take a step further to make sure that people get value for their money; to make sure that they live a cleaner and healthier lives; and to reduce the number of people that go to hospital for respiratory diseases because 70 per cent of the smoke from kerosene and firewood is in the lungs. In a small sector such as the LPG sector, the umbrella union seems to be working at cross purposes with the LPG marketers, and this misunderstanding became more pronounced during your tenure. What is your reaction to this? Well, you know that I said something earlier on that if you do the same thing the same

way all the time, you will end up getting the same results. When you want to do things differently, you will get different results. Part of my grievances with the regulatory agencies stemmed from the issues that happened with the marketers. If I headed the marketers, I will bury my head in shame because you have to lead by example. That is why even when the Nnewi gas explosion occured, I told DPR when we had a meeting with the DPR director and his people, that even if it is my own members that don’t comply with all the safety principles, they should shut them down. If it is my company; if it is my deputy’s company or anybody in the exco, the company should be shut down. It is very important because you can’t replace life. How many people died in Nnewi? How many people were compensated? Who is in jail today? So, we will have friction because my own style is different. I don’t care about who is involved. Just do the proper thing. You asked me what my challenges were. My focus was that in any association, people will join the association as a pressure group with a focus to do certain things and the more you can allow them achieve those things, the more the people will come. Having seen that a lot of the equipment in many of these filling plants was old equipment, we went to meet the Bank of Industry (BoI) to collaborate with them. Having seen the explosions we had in filling plants, a lot of them don’t have insurance – two insurance companies gave us discount on premiums. We have an HMO and they (marketers) are collecting money in the terminals, and yet the drivers don’t have medical insurance; the families of drivers can’t access medical insurance. This is what I made sure that NLPGA enjoyed the benefits. I am not big on egos; I don’t care if you call me president or you don’t call me. I will still do my job if you don’t call me. Mine was to focus on the job at hand and what we needed to have done. If not, I wouldn’t be in Abuja 33 times in one year at my own expense because the association does not pay us. The only person that is paid is the Executive Secretary. The association does not pay any other person. But they (marketers) collect money from the terminals. What do their members have to show for this? Any of their members could have accessed BoI funding through us because they were the ones we were fighting for. If you walk into filling plants, there are no safety measures. People walk around without safety measures. We also want a situation where people can have confidence in the market. But as long as this scenario that I described to you is still going on, it means that you have failed. So, for me, the smokescreen was the way I was elected – that is their leadership grouse – that we changed the constitution. Yes, we changed the constitution but we sent out notices. It wasn’t a one-man army and I have never run a one-man army. Even in my Exco, everybody makes contribution and we take a joint decision. I have never gone to a meeting and tell them that we must do this or that; even in the council. We have had situations where council overruled us as Exco. One thing is to convince people. We are intellectuals; we are not illiterates where somebody will come and say that this is what must be done. No! You have to explain to us why yours is the best so that we debate it. More importantly, only one person opposed that constitutional change at that election. So, where does one person change the decision of an industry? As far as I am concerned, it was somebody’s ego trip, trying to disrupt the industry. But they failed woefully because today, the policy has been passed. If they are not careful, they will be left behind.

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Jain:NigeriaandIndiaMustDeepenBilateral Ties Managing Director, Shree Steel Nigeria Limited and President, Indian Cultural Association, Chief Sanjay Jain, in this interview with Raheem Akingbolu, bears his mind on Nigeria’s economy, the bilateral relationship between India and Nigeria and the significance of India’s 70th independent anniversary As the President of Indian Cultural Association, can you highlight some of the activities of the association in Nigeria? Indian Cultural Association has been in existence for over 50 years. In the last 50 years, our major activities have been built around charities and contribution to community development through provision of essential social amenities and some health interventions. As an association, which was established to involve in charitable activities, we have done extensively for needy Nigerians in the last 50 years. Currently, we are investing a lot into provision of water facilities for schools in Lagos and we have done this for about 100 + schools and still counting. In line with the popular saying that ‘health is wealth’, we believe that if school pupils drink well treated water, it will help them live healthy lives. Because of this, we have consistently provided water to many schools to discourage children from buying and consuming water from the pouches sold in the market which can be detrimental to their health. The model we adopted here is what is practiced in India to provide drinking water in the schools. As I speak, thousands of pupils who have been benefitted or benefitting from such water facilities provided in those schools are ambassadors of the Indian Community in Nigeria. Again, for last 15 Years, we have supported the Holy Family Home for the Elderly, located at the Regina Mundi Catholic Church in Mushin area of Lagos State. Every month, we go there to donate food and other items, depending on the list we get from the management. In addition, the community has done a lot in the areas of free eye surgeries and donation of artificial limbs to handicapped in Nigeria. In the area of provision of artificial limbs, it will surprise you to know that we have done 80,000 operations free of cost for the deserving people since we embarked on the project. From time to time, we import these artificial limbs from India and give to the people and it enables them to work and carry on with their daily activities normally. Another major project is the ‘mission for vision’ project in partnership with Hindu Mandir Foundation and Rotary Club. In the last eight years, about 12 thousand surgeries have been done. These are done at Lagos General Hospital and Abeokuta. There is also adoption of some destitute homes in Lagos and donation of food and other items to orphanage homes. Every 15th of August is celebrated by Indian nationals as the country’s independence anniversary, what is the significance of the day for your community in Nigeria? For Indians, Independence Day celebration is highly significant because our freedom didn’t come with ease. It was bloody. Therefore, we would like to pass the message to our younger generation for them to know the value of what we have. This is important because children of nowadays do not know the process our fallen heroes had undergone and the sacrifices made for getting the independence. Unlike some countries that only sat around the tables with their colonial masters and signed the dotted lines. To get independence, thousands of freedom fighters in India lost their lives. We want our children to appreciate the freedom we got and sustain it. Though people within my age bracket were born after independence but truth is that we were still old enough to appreciate some of the sacrifices. Again, the story was still fresh when we were born compared to those that were born many years after. This year is particularly important because we are completing 70 years of independence and that is an important milestone for any country. Having said that, the India’s independence day celebration in Lagos will be at two places.

got Independence before Nigeria and this gap has also reflected in its development compared to Nigeria. How can you describe the current administration in Nigeria? As the President of India Cultural Association and President of Shree Steel Nigeria Ltd., a manufacturing sector project, I think the Buhari/ Osinbajo administration has demonstrated a high level of patriotism and have created right thinking among the people living in Nigeria. The administration, aside fighting corruption has brought broader positive perspective to governance. Having spent 25 years in Nigeria, half of my entire life, I think I understand Nigeria so well that I can pointedly say that this administration is doing a lot to change the perception for good about the Nigerian brand. If you ask me anytime, I will commend the government for their will to fight corruption and discourage over dependence on oil. Having said this, I’m not condemning previous administrations, each and every one has contributed its quota at the appropriate time but the current administration appears to be taking it to another level. We commend them for it.

Jain First, at the Indian Cultural Association’s premises in Ilupeju, where we have highest population of our people in Lagos, by hoisting our flag in the morning. Second, the following weekend, precisely on Sunday next week, the ceremony will take place with a cultural programme consisting of patriotic songs, some dance presentation by children and some other programs. What is your view about the bilateral relationship between Nigeria and India and how

I appreciate the decision that manufacturing companies should look inward for sourcing of raw materials locally but I want this to be given a gradual approach. Foreign investment comes with lot of resources and so the policies must be consistent and friendly for them to survive

do you think it can be deepened to further boost the economy of both countries? I have always advocated the need for strong bilateral relationship between the two countries. We must explore our similarities, our common good and our common strength to build sustainable economies for both the countries. In the meantime, we must have more vibrant bilateral relationship on how we can help each other. In the area of manufacturing and Agriculture, Nigeria imports machineries from India to help the sectors while India buy oil from Nigeria. We can build on this to deepen our relationship. Most important fact here to highlight is that the trade is almost bilateral and not one way. What will you suggest should be the priority of Nigeria to boost her economy? Already, the current administration has taken the bull by the horns with the planned diversification of the economy. This must be sustained. Another thing is that both Nigeria and India are developing nations and both are populous, though with some variance. In many ways, the populations of the two countries have been their major tools for economic advancement and it has been a major attraction for foreign investment. For instance, Nigeria is said to be 20 percent of Africa and this makes the country a big one. However, Nigeria’s economy depends largely on oil, India’s is not. Appreciatively, Nigeria has a very good opportunity in the area of Agriculture, which the country has started exploring, knowing well that economy should not depend only on oil. We must appreciate the current administration for its effort to boost the GDP through diversification into the Agricultural & Real sector. In India, the economy is not oil dependent but over the years, it has been able to stabilise it by way of innovative thinking of her forefathers and economic drivers. Now, I think the little difference in the rate of development between the two countries is because of the difference in their years of independence. India

So, you are optimistic that diversification will help Nigerian economy? Yes, I am. From any angle, we choose to look at it, government’s decision to diversify the economy from oil to other areas, especially Agriculture and Real sector, will help Nigerian economy. By the time investment rises in this direction, the country will jack up her exports and this will result in naira appreciation and cushion the effect of forex crisis that has bedevilled the manufacturing sector in recent time. Having been a player in the manufacturing sector for over two decades, what are those things you think government can do to further help the sector? Let me start by first commending the government for its decision to support the manufacturing sector. By creating enabling environment for the sector to thrive, the economy will also boom, there is no gainsaying about this. However, I will want the authorities to be more sensitive in the areas of policy implementation. I appreciate the decision that manufacturing companies should look inward for sourcing of raw materials locally but I want this to be given a gradual approach. Foreign investment comes with lot of resources and so the policies must be consistent & friendly for them to survive. I have suggested to the Manufacturing Association of Nigeria and CBN in this regard. What we are currently experiencing in Nigeria had happened in the past in India but our government applied a kind of approach that helped people to adjust over time. It was done in phases and I want Nigeria to also apply the similar principal. As Nigeria prepares to boost local capacity, government can draw a plan that will make it spread to two to four years’ period. I also wish to appreciate the current government’s attempt to step up action in the area of infrastructural development, especially transportation and power. With good rail system, good roads and effective power supply, the manufacturing sector will bounce back very strongly. With this, we can even resuscitate some of the sub-sectors that are already in decline; like the textile industry. We shouldn’t forget in hurry that there was a time in this country when textile industry was the second largest employer of labour after the civil service. The Indians were at the forefront of most of the textile companies and they employed thousands of Nigerians.

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T H I S D AY ˾ TUESDAY, AUGUST 16, 2017

PROPERTY & ENVIRONMENT NatanelFlorens’ Rent-to-Own Targets 250,000 Housing Units Annually NatanelFlorens, the pioneer of the rent-to-own model of homeownership, plans to provide 250,000 homes annually when the system gets to its peak. Bennett Oghifo reports There is shortfall in supply of housing units needed for the rent-to-own initiative of NatanelFlorens. To boost the supply side, they intend to collaborate with credible housing developers who have the capacity to construct homes and who must be interested in uptake through the new model. The Executive Director, Fund and Investment, NatanelFlorens, Mr. Oguche Agudah said to achieve this they plan to work with 50 developers who, on their own, could build about 5,000 to 10,000 housing units per annum. But as things stand, they are looking for developers who can build 500 housing units annually. He said the company believes it could achieve this in the next three years, saying “The volume will justify for everybody what the value is.” Agudah said, “NatanelFlorens is a purposedriven company that was set up with the primary aim of ensuring that every Nigerian has opportunity to own a home.” The company’s flagship project is Rent-toOwn, a homeownership product that seeks to enable people own homes simply by paying their rent, and without equity contribution. Rent-to-Own, he said would reduce homeownership deficit and make the property market more efficient, particularly in driving demand. “Our proposition is beyond rent-to-own. What we are trying to do is to reshape the market for efficiency. The market today is distorted and that is why people can’t have homes. If you give Nigerians an opportunity to pay their rent

Agudah

and own their homes, they will embrace it.” NatalenFlorens, he said had demonstrated this in the last two and half years to see that Nigerians actually embrace rent-to-own, after which they would define the roles of developers, banks, capital market, investors

play in the proposition. “It is about effective demand.” According to him, the first thing they have been able to do “is to show that rent-to-own is the way to go; an alternative system for owning homes, adding that they have been able to create effective demand. “Another thing we have been able to do is to engage local and international investment banks on alternative instruments for real estate and we have been able to create that effective demand.” He said currently, they had a long waiting list of people that are hoping to get their homes through rent-to-own. “We have been able to stimulate the market and whet people’s appetite to know that they don’t have to continue on rentals and live without owning a home.” He said once the system became efficient, government would not need to fund real estate, explaining that “the money that they will use to fund real estate will be diverted to more critical areas.” He said it was not about figures but to recreate the market to be more efficient, to show to people that there are other ways they could own homes without the typical mortgage, “to show to the banks that there is a way to lend to this market without taking risks, to show government that there is another way to support homeownership without putting money on the table and these are the impacts that you will see resonating in the economy itself.” He said the impact of the system on the economy is enormous, particularly in reducing corruption, stating that the first thing people

who steal buy is a house or other types of real estate. “If I know that I can own a home just by paying my rent every year through my salary, then why should I steal?” The rent-to-own initiative is slowed by low housing stock but that would soon be addressed, Agudah said. “Demand outweighs supply because we are not producing as quickly as possible. “We are now moving to the next phase of our business model which is to partner with developers and start rolling out homes. “We are developing the market and what you have seen us do in the last two and a half years is to show the way out of the problem and the next stage is to jerk up the supply and for us to do that 50,000 units annually the funding requirement is about N4 trillion. “Nigerian banks can conveniently find N4 trillion for real estate but they want to be sure that the market has low risk, so rent-to-own takes care of the demand end of it.” The system, he said is attracting investors from off-shore, adding that “today we have a developer with us from Turkey that will build a minimum of 5,000 housing units per annum and they are looking for more to develop. We also have a partner from South Africa that is willing to develop some housing units.” “All we are trying to do is to increase the supply end,” adding that they would sign an agreement with Real Estate Development Association of Nigeria (REDAN) to improve the supply end, and once this was done housing deficit would decrease.” An interesting aspect of the rent-to-own is that people can sell their option if they want to relocate to another city.

Okoro Urges Government to Provide Free Land to Housing Cooperatives Bennett Oghifo A Fellow of the Nigerian Institution of Estate Surveyors and Valuers (NIESV), Chief Meckson Innocent Okoro has advised government at all levels to allocate land free of charge to housing cooperative societies to enable them play a role in increasing the nation’s housing stock. Dr. Okoro, a former National Publicity Secretary of NIESV, stated this in an opening remark when he chaired the launch of a housing scheme of the Perfection Real Estate Investors Co-operative Society, which held at the Sheraton Hotel, Ikeja, Lagos, recently. Perfection Real Estate Investors Cooperative Society is an independent membership Real Estate club, whose sole purpose is wealth creation through Real Estate Investment for the benefit of members. The core purpose of creating this society is mainly to empower people and provide solutions to the human problems in the real estate sector, while the ultimate goal is to aspire by all means to achieve financial freedom for each and every member of the society through Real Estate wealth. The launch of the Perfection Estate Phase 1, located at Ibeju Lekki, Lagos, was attended by HRM Oba Olumuyiwa Ogunbekun (Onilekki of Lekki

Kingdom), who was the Royal father of the day, and by other distinguished personalities. The Principal Partner of MI Okoro and Associates said giving free land to housing cooperatives would reduce the per unit price of housing delivery. He also urged government to “give tax incentives to cooperative societies of this nature to encourage them develop more houses. Bribery and corruption at high level in government offices must stop, as this discourages investment in housing. He discussed some challenges in real estate investment, which included its capital intensive nature, worsened by “low income and lack of opportunity for private wealth creation.” Other challenges are: “that land and housing acquisition are a bit problematic. This is because of the effect of Land use Act of 1978 where the Governor of any state is the overall landlord in which case you must obtain the consent of the Governor or Certificate of Occupancy before you can act on the land with its attendant high cost of fees and other documentation charges. It also involves a lot of time for the Governor to sign the C of O or consent.” He also discussed the negative impact of some policies and utterances of government which “can negatively affect

L-R: Lagos State Commissioner for Housing, Prince Gbolahan Lawal; Head, Legal Dept, Lagos State Ministry of Housing, Mrs. Adetoun Adeyemi; Chairman, Brains & Hammers Limited, Mr. Adebola Sheidu; and the Company Secretary, Mr. Abubakar Sheidu, during the signing of MoU, between Ibile holdings, Lagos State Ministry of Housing and Brains & Hammers Limited, to develop Iganmu housing estate … recently

the demand and supply of housing,” giving an example of the monitisation policy. He said, “Political instability and the effect of using EFCC to harass prospective house owners. When the leadership of a country is weak or not performing, the general economic profile suffers, like in the case of Nigeria where the

illness of Mr. President is affecting economic prosperity of our country. Business activities are moving at a slow pace, coupled with the fact that the EFCC is going after people that spend certain amount of money mainly in the purchase of properties. Now, that can reduce housing demand and supply.” According to Okoro, “The

Real Estate products the cooperative can target for investment include: Prime houses in first class locations; Research on where there is more demand, whether the upper class, middle working class or lower class of the society. This would help to identify one’s target market; Bare land for site and services only and sell off all the land

without having to build to tie down capital; Check if there is need to develop warehouses for industrial users instead of focusing on building houses for residential purposes alone. You should be on a lookout for the product that will give you a good return on Investment; Burial grounds are another type of real estate products that can enable you make good returns on real estate investment because death is inevitable and people must be buried; See also the acquisition or development of event centers as they are on very high demand in the cities. You can also invest in hotels but it is advisable to contract it out to experts to manage for you.” He said, “On the part of the officers of the cooperative society, you must be very transparent to enable you command the trust of investors. Transparency and Integrity must be your watchword when dealing with your members. You must not attempt to enrich yourselves at the expense of your investors who have entrusted you with their hard earned money. “Please make sure you engage desired professionals who will guide you well enough before making any investment proposal to your members. Try as much as you can to take indemnity insurance policies to protect the investment of your investors.”

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T H I S D AY ˾ TUESDAY, AUGUST 16, 2017

PROPERTY & ENVIRONMENT

OPIC, NMRC, Mortgage Banks Sign Pact to Boost Home Ownership Bennett Oghifo The Ogun State Property & Investment Corporation (OPIC) has signed a Memorandum of Understanding (MOU) with some Primary Mortgage Banks (PMBs), and the Nigeria Mortgage Refinance Company (NMRC), the key driver of mortgage policy designs in Nigeria, to build standard homes at affordable prices. The tripartite agreement between OPIC, PMBs and NMRC was signed in Abuja recently to seal the existing operational relationship among the parties in fulfillment of a common goal of offering quality housing under a mortgage system with no accessibility barriers to prospective home owners who crave for ease of purchasing houses. The MOU, recognised by NMRC as a ‘landmark’ partnership agreement with the Ogun State Property & Investment Corporation (OPIC) and Imperial Homes, TrustBond and Homebase mortgage banks was in continuation of its mandate to stimulate housing development in the country. The NMRC, the CBN licenced mortgage refinance company, was set to provide liquidity required for developing the primary and secondary mortgage markets through the raising of long term funds from the capital markets for refinancing ‘Eligible Mortgage Loans’ of its member mortgage lending banks. OPIC, however, was confined to her business of developing, constructing and managing residential and industrial

estates in any part of Nigeria for commercial purposes, while the participating mortgage banks are to provide mortgage loans to applicants who meet NMRC’s strict underwriting standards for the purchase of the houses built by OPIC in line with strict provision empowering the three PMBs to ‘administer loan and mortgage facilities for persons or companies involved in any building construction project deemed viable and approved by the banks’. Authorities at the Refinance company stated that the new partnership with Ogun state had resonated the readiness and availability of effective demand for properties being developed by OPIC. This offered assurances that the refinancing funds invested can be quickly recovered and ploughed back into the construction of more houses. It was also established that prior the signing of this pact, OPIC had commenced construction, building and development of quality housing units at Orange Valley Estate, Abeokuta, MTR Gardens, Isheri, New Makun City, Sagamu and other locations in Ogun State, capable of being sold to interested subscribers with requisites to obtain mortgage loans from the PMBs for the purchase of the housing units. The agreement also acknowledged OPIC’s appointment of the PMBs not only for provision of mortgage loans to compliant with the NMRC Uniform Underwriting Standards subscribers but also for marketing, securing sale of housing units; and providing

Cleaner Lagos Initiative Begins Next Month with Standard Solid Waste Management System Fadekemi Ajakaiye and Ugo Aliogo Governor Akinwunmi Ambode has set September as the start date for the Cleaner Lagos Initiative (CLI), a major reform of his administration in solid waste management that would conform to international best practices. Governor Ambode stated this at a media workshop to sensitise journalists on the initiative, which, he said “will not only change the solid waste management system in the state, but will also engender a sustainable, cleaner and healthier environment for Lagosians.” Ambode, represented by the Commissioner for the Environment, Dr. Babatunde Adejare, said the initiative would now begin “with the passage of the Environmental Management and Protection Law 2017, the concession of residential waste collection and procession to a reputable and competent multinational Waste Services Company, as well as the transformation of the erstwhile Kick Against Indiscipline Brigade to a more civil Lagos State Environmental Sanitation Corps (LAGESC). “We are going to start the CLI by first week in September and by the grace of God Lagosians

would see how we intends to clean Lagos and make it a more beautiful and liveable environment for us. “In the meantime, we have thrown up and intervention programme that the Ministry of the Environment, LAWMA and Visionscape is doing called ‘Operation Deep Clean’. The three of them have combined together and are doing this intervention programme supported by our PSP team and even we have started using open trucks for them just to make sure that we don’t have refuse so much on our road. “I want to tell Lagosians that don’t dump refuse irresponsibly, bag your refuse, put it in front of your house and I assure you, this Government would come and take them. Don’t worry, where there is no pain, there is no gain, this is just a transition that we are in and by the grace of God come first week in September, we would see the new thing and we would all enjoy it and be happy about it,” he said. Ambode said efforts to improve sanitation and hygiene were founded with the determination to provide a level playing field for all investors and inject international best practices into Solid Waste Management sector in the State.

financial advisory services on the projects as might be required from time to time. Speaking at the signing of the Memorandum of Understanding (MoU), Charles Inyangete NMRC Managing Director/Chief Executive Officer, said he was delighted at the consolidation of the partnership because of the positive impact it will have on housing development in the area. He added that the “partnership with OPIC in collaboration with Imperial Homes, Trust

Bond and Homebase mortgage banks marks an important milestone in NMRC’s effort to develop the mortgage market. It is our belief that the business financing model that we have developed will significantly strengthen OPIC’s positioning as a potent catalyst for housing development in Ogun state.” The Managing Director, OPIC, Mr. Babajide Odusolu said, “The partnership holds great promise for the achievement of the corporation’s plans to hit the target of being the dominant provider of quality

and affordable housing in Ogun state. “This partnership gives a big boost to the plans of OPIC to build and offer quality houses under a mortgage system that is affordable and convenient for aspiring home owners to take. We commend NMRC for facilitating the consolidation of this partnership and the Imperial Homes, TrustBond and Homebase mortgage banks for their willingness to be our partners on this project. “These institutions have come to terms with OPIC

to make housing affordable through highly subsidized mortgages by the government, enabling the general populace to explore the single digit interest mortgage loans spread over a long period of time, in line with the OPIC/NMRC/Family Homes Funds (FHF) mortgage plans,” Odusolu said. He added that opportunities now abound for average income earners to own houses through a special mortgage scheme designed to fulfill a key cardinal objective of the present administration.

L-R: Special Adviser to Lagos State Governor on Urban Development, Mrs. Yetunde Onabule; Secretary to the State Government, Mr. Tunji Bello; and Commissioner for Physical Planning and Urban Development, Mr. Wasiu Anifowoshe, at a seminar on urban thinkers, in Lagos….recently

FG Revives N61Bn World Bank Oriental Energy Begins Katampe Development Project Construction of 100 Housing Units in A’Ibom From Olawale Ajimotokan in Abuja

Seven years after the abandonment of Katampe Infrastructure concessioned project between the Federal Capital Territory Authority (FCTA), the World Bank and a Consortium of Engineering Services, federal government has given the project a new lease of life. The project for the development of engineering infrastructure is estimated to cost N61 billion. It was abandoned and only about 20 percent completed arising from underfunding. The federal government has now mobilized for more funding for the project under the Public-Private Partnership (PPP) arrangement. FCT Minister, Malam Muhammad Musa Bello, said the success of the project would enable the replication of similar projects within the city. He made the remark at the inauguration of the InterMinisterial Implementation Committee on the Report of the Audit of the Structure and Financing of the PPP Project for the Development of Engineering Infrastructure at Katampe District, Phase 2, Abuja. He lamented that poor

packaging and implementation undermined the laudable project. According to him, the past system of developing the city based on budgetary allocation was no longer sustainable because of financial constraints. The committee has as its Chairman Babagana Zanna. Its terms of reference include, renegotiation of the structure, scope and financing of the project to ensure compliance with the PPP principles, ensure accountability, fairness and value for money. ‘’Already we are already talking of Phase 5 of the city, whereas, except for Phase 1, there has been no significant development of infrastructure in Phases 2, 3 and, indeed, Phase 4,” Zanna said. The Acting Director-General Infrastructure Concession Regulatory Commission (ICRC), Chidi Izuwa, said the World Bank has identified the Katampe District Public-PrivatePartnership (PPP) engineering infrastructure as a model project that can spread to the world. Izuwa listed the project as the only option for meeting infrastructure deficit in the FCT given that only 11 of the 72 districts in the FCT have full infrastructure.

Okon Bassey in Uyo As part of their corporate social responsibility to its host communities, Oriental Energy Resources Limited (OERL) plans to build 100 units of modern residential estate worth N700 million in Enwang, the headquarters of Mbo local Government Area of Akwa Ibom State. The ground breaking ceremony was witnessed by high profile dignitaries including the Akwa Ibom State Governor, Mr. Udom Emmanuel represented by the Speaker of the State House of Assembly, Rt. Hon. Onofiok Luke, the Governor of Borno State, Alhaji kashim Shettima, represented by his Deputy, Alhaji Usman Mamman Durkwa, Paramount Ruler of Mbo and President, Mbo traditional rulers’ council, His Majesty Ovong Edet O. Isemin among others. The estate code named Oriental Village Mbo sited on a 2.5hectage of land, when completed will have a solarpower electrification system, a school, clinic, a shopping centre and a security post. The project is funded exclusively by Oriental Energy Resources Limited and the

Muhammadu Indimi Foundation with the land provided by the people of Eyo-Ukut village. According to the Executive Chairman, Oriental Energy Resources Limited, Alhaji Muhammadu Indimi, the 100 housing units of one-bedroom flats will leverage innovative housing technology to provide free decent accommodation to 100 families in Mbo LGA. Speaking at the project site, Alhaji Indimi stressed that the Oriental village is a clear manifestation of the company’s commitment to sustainable development of its host communities. The company, he said is dedicated to social inclusion and its approach is to grow alongside its communities in a socially responsible manner while operating in an environment that fosters value creation and sustainable development. He disclosed that since 2009, the oil firm has offered scholarship to over 470 students to pursue their studies at both post primary and tertiary levels of education. Indimi stated that over 270 youths have been trained on various skills with starter packs and start-up funds for their businesses.

T H I S D AY Ëž Ëœ ÍŻÍłËœ 2017

30

BUSINESS/MONEYGUIDE

Lagos Closes N85bn Bond Issuance Programme Gboyega Akinsanmi The Lagos State government yesterday announced that it had closed the N85.14 billion Series II Bond Issuance, which it said, was designed to improve the physical and social infrastructure in the state. Also, the state government outlined plans to transform the blighted areas of Oworonshoki waterfront into one of the biggest transportation, tourism and entertainment hubs in Nigeria. These were contained in separate statements issued by the Commissioner for Finance, Mr. Akinyemi Ashade and his Waterfront Infrastructure Development counterpart, Mr. Ade Akinsanya. According to the statement, Ashade said the bond was issued in two tranches of N46.37 billion (16.75 percent Tranche I) maturing August 2024 and N38.77 billion (17.25 percent Tranche II) maturing August 2027, under the N500 billion Third Debt Issuance Programme. He said that the N85.14 billion Series II issuance was the largest bond issuance in Nigerian capital markets in the last four years and the second largest issuance ever, noting that it was the first time any non-FGN issuer in Nigeria has been issued out to 10 years, thereby extending the non-sovereign yield curve. “We value the reputation

we have earned as the most responsible issuer in the Nigerian capital markets and thank everyone who has worked with us to deliver a successful outcome,� Ashade said. “In challenging market conditions, we are encouraged by the sustained support that the Lagos State credit story has received from investors for which we are grateful. This support is critical to our quest to improve the physical and social infrastructure in the State and lift the economic and social welfare of all citizens of Lagos State,� Ambode explained He said Chapel Hill Denham acted as Lead Issuing House and Bookrunner and led an issuing party including 10 other Bookrunners, on what he described as a landmark transaction. In the other statement, Akinsanya outlined plans to transform the blighted areas of Oworonshoki Waterfront into one of the biggest transportation, tourism and entertainment hubs in Nigeria. He said that the project would improve the aesthetics and security of the environment, while attracting investments in water transportation and boosting socio-economic activities in the axis, with the provision of shopping malls and related infrastructures. He noted that the proposed entertainment and mega ferry

terminal site, already under reclamation, “will divert a lot of human and vehicular traffic gridlocks away from the Lagos Island and take advantage of the central location and accessibility of the proposed Oworonshoki terminal to the Apapa Port, Ikeja Airport and other parts of the state. “Youths and residents will enjoy quality sports, recreational, entertainment and emergency response facilities at the terminal. Commuters transiting through the terminal will not only enjoy state-of the arts infrastructure, they will also be able to park and ride and park and cruise from the state-of-the-art jetty, thus reducing the carbon emission level and travel time within the city.� Akinsanya said the reclaimed 29.6 hectares site of the project, which would involve revetment work to protect the jetty area, would also eliminate illegal dredging activities in the area. Explaining that the project will be in three phases, Akinsanya said that it was also part of efforts by the state government to revitalise and augment inter-modal system of water, rail and road transportation and housing development, just as he revealed that the Epe, Badagry and Mile 2 waterfronts have also been earmarked in the Master Plan for similar regeneration.

JTB,VAIDS, FIRS Share Data on Nigeria’s High Income Earners The Joint Tax Board (JTB) and the Federal Inland Revenue Service (FIRS) have started sharing data of high net worth individuals to profile income earners and taxpayers in order to get them pay appropriate taxes. According to a statement, 12 states have signed the memorandum of understanding (MoU) under the Voluntary Assets and Income Declaration Scheme (VAIDS). The JTB also announced yesterday that it has engaged a consultant to ensure that the databases of the state tax authorities and the FIRS “are speaking to each other.� It explained that the integration of data would help data sharing amongst states, improve compliance and tax revenue. Executive Chairman of FIRS and JTB, Mr. Tunde Fowler, announced the MoU with states on VAIDS in Abuja during the

138th meeting of the JTB recently. He said the integration of data amongst states between FIRS and JTB would help to identify high net-worth individuals, track their tax status and compliance. According to him, “there are no untouchables as regards the implementation of VAIDS.� Fowler said the federal government had demonstrated an uncommon political will to entrench tax compliance in Nigeria, saying issues of taxation are taking a centre stage in the country. “Speaking on behalf of the FIRS and the JTB, I want to assure you that we have received the blessing and political will of Mr. President, the Acting President to implement VAIDS. “The Executive is behind us, the Senate, the House of Reps, are behind us and the Judiciary is behind us. The government is behind us. It is now left for us to perform our duties in the

right and best way. “A lot of special things are happening to the country. We are changing the financial profile of the country and of course, taxation is in the forefront. I can’t recall any time in the past when we had had such integration and cooperation. “Our vision is to ensure that the governments, at all levels have enough resources to provide essential facilities to everyone. We are also moving away from taxes based solely on oil—that are not predictable to non-oil taxes.� According to the FIRS boss, at no time in the history of the FIRS have states and JTB enjoyed such level of collaboration. He stressed that collaboration was important. “States cannot be said to be doing well if the FIRS is not doing well. In the same vein, FIRS cannot be said to be doing well if states are not doing well.

NIMASA Dissociates Self from Fake Employment Exercise The Nigerian Maritime Administration and Safety Agency (NIMASA) has distanced itself from news making the round in media, particularly online platforms, that there is an ongoing recruitment exercise in the agency. In a statement weekend, the agency stated: “It is imperative to state, in the interest of the unsuspecting public, that the Agency has not launched a recruitment campaign of any kind at the moment; and that NIMASA is not associated with any of the adverts being peddled on various social media platforms

to defraud unsuspecting citizens seeking legitimate employment in the organisation.� It added: “This clarification is necessitated by the recruitment advert supposedly floated by the Agency and circulated on various social media platforms, with the intention of misleading and defrauding Nigerians�. As inimical as the spurious advert may be to the lives of unsuspecting and desperate job seekers in the country, the Agency’s management under the leadership of Dr. Dakuku Peterside would continue to

operate within the tenets of its core values of commitment, Accountability, Discipline and Transparency in dealing with its stakeholders, including Nigerians who may wish to contribute to the development of the country through employment in NIMASA. “The most common tactics of the scam involved: twitter and/ or text messages, e-mails, as well as letters inviting gullible and desperate job seekers for fake job interviews at different locations across the country claiming to be consultants to NIMASA.

Ambode

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

DECEMBER 2016 Broad Money (M2)

23,840,392.42

-- Narrow Money (M1)

11,520,166.67

---- Currency Outside Banks

1,820,415.90

---- Demand Deposits

9,699,750.76

-- Quasi Money

12,320,225.75

Net Foreign Assets (NFA)

9,353,504.03

Net Domestic Assets(NDA)

14,486,888.39

-- Net Domestic Credit (NDC)

26,774,684.47

---- Credit to Government (Net)

4,595,579.89

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

7,436,917.79

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

-2,841,337.90

---- Credit to Private Sector (CPS)

22,374,718.08

--Other Assets Net

-12,483,409.58

Reserve Money (Base Money)

5,837,322.41

--Currency in Circulation

2,179,174.28

--Banks Reserves

3,318,344.71 Ëž Ă™Ă&#x;ĂœĂ?Ă? Ě‹

MONEY MARKET INDICATORS (%) December 2016 Inter-Bank Call Rate

10.39

Monetary Policy Rate (MPR

14.00

Treasury Bill Rate

13.96

Savings Deposit Rate

4.18

1 Month Deposit Rate

8.53

3 Months Deposit Rate

8.80

6 Months Deposit Rate

10.23

12 Months Deposit Rate

10.76

Prime Lending rate

17.09

Maximum Lending Rate

28.55

Ëž Ă™Ă˜Ă?ĂžĂ‹ĂœĂŁ ÙÖÓĂ?ĂŁ Ă‹ĂžĂ? Ě‹ ͯͲϹ

OPEC DAILY BASKET PRICE AS AT FRIDAY, 11 AUGUST 2017

The price of OPEC basket of fourteen crudes stood at $49.37 a barrel on Friday, compared with $50.70 the previous day, according to OPEC Secretariat calculations. The OPEC Reference Basket of Crudes (ORB) is made up of the following: Saharan Blend (Algeria), Girassol (Angola), Oriente (Ecuador), 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), Qatar Marine (Qatar), Arab Light (Saudi Arabia), Murban (UAE) and Merey (Venezuela

T H I S D AY TUESDAY AUGUST 15 , 2017

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T H I S D AY ˾ ˜ ͯͳ˜ Ͱͮͯ͵

MARKET NEWS

NSE Index Falls 0.65% as Trading Resumes on Bearish Note Goddy Egene Trading at the Nigerian equities market resumed on a bearish note yesterday as investors moved in to take profit on stocks that have recorded significant capital gains in past weeks. The Nigerian Stock Exchange (NSE) All-share Index depreciated by 0.65 per cent to close lower at 37,950.96,while market capitalisa-

tion shed N85.4 billion to be at N13.08 trillion. The market had resisted attempts by the bears to return last week to closed in the positive territory for the fifth consecutive week. However, this week may be different as indications are strong that profit taking will dominate trading. Yesterday, 27 stocks depreciated while 18 appreciated. But the negative performance mostly resulted

T H E

from bearish sentiments towards Dangote Cement Plc, the stock that controls about 30 per cent of the market capitalisation. Reacting to the performance of the market on the first day of the week, analysts at Meristem Securities Limited said: “Bearish sentiments dominated the equities market in the day, as investors took profit on stocks that have appreciated in recent times particularly the large cap

N I G E R I A N

banking stocks. We expect a similar trend in the remaining trading days of the week.” C & I Leasing Plc led the price losers’ table with 9.2 per cent, trailed by Total Nigeria Plc and Med-View Airline Plc with 5.0 per cent apiece. May & Baker Nigeria Plc and Flour Mills of Nigeria Plc declined by 4.8 per cent, just as Neimeth International Pharmaceuticals Plc and Jaiz Bank Plc closed

STO C K

4.7 per cent lower each. N.E.M Insurance Plc and Nigerian Aviation Handling Company Plc went down by 4.5 per cent and 4.3 per cent in that order. Fidson Healthcare Plc led the stocks that recorded gains with 4.6 per cent, followed by A.G Leventis Plc with 4.3 per cent. Linkage Assurance Plc added 4.0 per cent , just as Union Bank of Nigeria Plc, Unity Bank Plc and Dangote Flour Mills Plc garnered

E XC H A N G E

3.9 per cent, 3.4 per cent and 3.2 per cent respectively among others. Apart from the indeed that fell, the volume and value of of transactions also declined by 10.6 per cent and 32.9 per cent in that order. Investors traded 316.122 million shares worth N4.224 billion in 4,113 deals compared with 353.645 million shares valued at N6.301 billion exchanged in 4,079 deals last Friday.

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˾ TUESDAY, AUGUST 15, 2017

MARKET NEWS

Fund Managers Association of Nigeria Holds Annual General Meeting Goddy Egene The Fund Managers Association of Nigeria (FMAN) will hold its annual general meeting (AGM) on Wednesday, August 23, 2017. According to the AGM notice to members of the association, the meeting will take place at Best Western Hotel, Ahmadu Bello Way, Victoria Island at 10.00 a.m. At the meeting, members will receive the audited accounts of the association and the report of the Executive Committee for

the year ended December 31, 2016; they will approve proposed amendments to the FMAN Constitution; and review the Chartered Institute of Securities and Investment Bill and its likely impact on fund managers and any other business. FMAN is an independent, non-governmental, non-political and non-profit making established in August, 2009 to promote the operations of fund managers registered with the Securities and Exchange Commission in Nigeria (SEC),

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

provide for self-regulation and supervision of SEC registered fund managers and ensure the observance of global best practices relating to the operations of such fund managers. According to the FMAN, it addresses all the issues affecting the industry’s development and represent its members at national and international levels in ongoing discussion about the future regulatory framework for the industry. “The association’s focus is on education, regulation, policy

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 11Aug-2017, unless otherwise stated.

development and international best practices for the benefit of its members, institutional investors, policy makers and other stake holders,” the association said. The President of FMAN, Dr. Ore Sokefun had, in an interview with THISDAY, advised collective schemes investors to always invest their money through fund managers that are registered by the SEC. While investing through collective investment schemes in the nation’s capital market

has many advantages, some investors are still discouraged due to their past experiences of losing their funds to fund managers. But Sokefun said the situation has changed significantly given the efforts by SEC and operators to reposition and develop the industry. “In recent past we do admit that some fund managers were not abiding by the ethics of the profession. But now FMAN, being a self-regulatory organisation and SEC making

sure that everybody is filing their returns and looking at things more correctly, we believe that now you can definitely entrust your money to SEC-registered fund managers. The mistake a lot of investor make is that they do not ensure that who they give their money to is registered by SEC. The list of all registered fund managers is available by looking at SEC website and very soon the list of registered fund managers will also be available on FMAN website, which is www.fman.com.ng,” she said.

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 1 270 1680 Fund Name Bid Price Offer Price Yield / T-Rtn Afrinvest Equity Fund 179.54 179.94 41.25% Nigeria International Debt Fund 232.13 232.54 9.19% 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 0.80 0.81 14.38% 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 18.83% 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 17.67 18.20 43.12% ARM Discovery Fund 369.03 380.15 28.50% ARM Ethical Fund 26.22 27.04 17.44% ARM Money Market Fund 1.00 1.00 18.16% 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 143.54 144.55 36.47% AXA Mansard Money Market Fund 1.00 1.00 18.12% 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 19.60% Paramount Equity Fund 11.50 11.80 22.89% Women's Investment Fund 93.23 95.62 10.21% 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 18.86% FBN CAPITAL ASSET MANAGEMENT LTD invest@fbnquest.com Web: www.fbnquest.com; Tel: +234-81 0082 0082 Fund Name Bid Price Offer Price Yield / T-Rtn FBN Fixed Income Fund 1,108.21 1,109.31 9.41% FBN Heritage Fund 142.88 144.15 28.18% FBN Money Market Fund 100.00 100.00 18.18% FBN Nigeria Eurobond (USD) Fund - Institutional $108.82 $109.75 5.81% FBN Nigeria Eurobond (USD) Fund - Retail $109.55 $110.48 7.24% FBN Nigeria Smart Beta Equity Fund 157.62 159.94 40.01% FIRST CITY ASSET MANAGEMENT LTD fcamhelpdesk@fcmb.com Web: www.fcamltd.com; Tel: +234 1 462 2596 Fund Name Bid Price Offer Price Yield / T-Rtn Legacy Equity Fund 1.37 1.40 47.34% Legacy Short Maturity (NGN) Fund 2.82 2.82 9.83% 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 2,921.11 2,974.84 32.66% Coral Income Fund 2,320.16 2,320.16 10.26% 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 14.15% 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 1.00 1.00 18.33% Vantage Balanced Fund 2.09 2.12 24.66% Vantage Guaranteed Income Fund 1.00 1.00 18.50%

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 1.12 1.14 13.43% Lotus Halal Fixed Income Fund 1,030.10 1,030.10 7.19% 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 13.37 13.47 38.26% Meristem Money Market Fund 10.00 10.00 19.10% 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 1.15 1.17 15.74% PACAM Fixed Income Fund 10.71 10.76 3.03% PACAM Money Market Fund 10.00 10.00 17.50% 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 124.44 130.09 24.49% SFS CAPITAL NIGERIA LTD investments@sfsnigeria.com Web: www.sfsnigeria.com, Tel: +234 (01) 2801400 Fund Name Bid Price Offer Price Yield / T-Rtn SFS Fixed Income Fund 1.35 1.35 8.33% 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 2,173.78 2,186.06 18.71% Stanbic IBTC Bond Fund 161.75 161.75 5.06% Stanbic IBTC Ethical Fund 0.99 1.00 29.22% Stanbic IBTC Guaranteed Investment Fund 206.05 206.05 10.25% Stanbic IBTC Iman Fund 177.98 180.36 37.12% Stanbic IBTC Money Market Fund 100.00 100.00 18.59% Stanbic IBTC Nigerian Equity Fund 9,623.90 9,733.07 26.89% UNITED CAPITAL ASSET MANAGEMENT LTD unitedcapitalplcgroup.com Web: www.unitedcapitalplcgroup.com; Tel: +234 803 306 2887 Fund Name Bid Price Offer Price Yield / T-Rtn United Capital Balanced Fund 1.30 1.31 16.14% United Capital Bond Fund 1.38 1.38 12.83% United Capital Equity Fund 0.86 0.88 27.77% United Capital Money Market Fund 1.10 1.10 3.63% ZENITH ASSETS MANAGEMENT LTD info@zenith-funds.com Web: www.zenith-funds.com; Tel: +234 1-2784219 Fund Name Bid Price Offer Price Yield / T-Rtn Zenith Equity Fund 12.61 12.83 29.87% Zenith Ethical Fund 13.23 13.23 20.14% Zenith Income Fund 18.46 18.46 11.64%

REITS NAV Per Share

Yield / T-Rtn

11.41 129.51

1.01% 4.47%

Bid Price

Offer Price

Yield / T-Rtn

11.37 109.75

11.47 111.82

31.60% 44.84%

Fund Name FSDH UPDC Real Estate Investment Fund SFS Skye Shelter Fund

EXCHANGE TRADED FUNDS Fund Name Lotus Halal Equity Exchange Traded Fund 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 Industrial Goods Exchange Traded Fund Vetiva S&P Nigeria Sovereign Bond Exchange Traded Fund

funds@vetiva.com Bid Price

Offer Price

Yield / T-Rtn

4.48 9.74 17.79 22.59 131.83

4.52 9.82 17.89 22.79 133.83

61.79% 38.33% 48.69% 41.37% 2.25%

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.

34

T H I S D AY TUESDAY AUGUST 15, 2017

35

TIUESDAY AUGUST 15, 2017 ˾ T H I S D AY

INTERNATIONAL

email:foreigndesk@thisdaylive.com

Sierra Leone Mudslide Kills Hundreds as Houses are Buried At least 179 people have been killed in a mudslide near Sierra Leone’s capital, Freetown, the Red Cross says. A hillside in the Regent area collapsed early on Monday following heavy rains, leaving many houses covered in mud. A BBC reporter at the scene says many people may have been asleep when the mudslide occurred. Sierra Leone’s Vice-President Victor Bockarie Foh said it was “likely that hundreds are lying dead”. The total number of

casualties is likely to rise. Mr Foh told Reuters news agency that the disaster was “so serious that I myself feel broken”. He said that the area was being cordoned off as people were being evacuated, including many still feared trapped in their homes. A spokesman for the Red Cross, Abu Bakarr Tarawallie, told the same news agency that 179 bodies had been taken to the central morgue in Freetown. The AFP news agency is reporting that the total death toll from flooding in the capital has

risen to 312, citing another Red Cross spokesperson. Hundreds of people are likely to be left homeless following the mudslide. A Sierra Leonean disaster management official, Candy Rogers, said that “over 2,000 people are homeless” as a result of the mudslide in the Regent area, AFP reports. Mr Rogers said that a huge humanitarian effort will be required to deal with the aftermath of the flooding.

18 Dead in Burkina Faso Restaurant Attack At least 18 people have been gunned down in a Turkish restaurant in Burkina Faso’s capital Ouagadougou, the government said Monday, the latest west African attack to target a spot popular with foreigners. There has been no claim of responsibility for Sunday night’s attack at the Aziz Istanbul restaurant, which was often packed with expats who went there to watch football. Communications Minister Remis Dandjinou said 18 people had been killed -- both Burkinabes and foreigners -- and around ten injured, while security forces had killed two assailants in a counterassault that went on until morning. It was not clear how many

gunmen were involved. The security operation “has ended” but searches are continuing in buildings in the surrounding neighbourhood, Dandjinou told reporters. He had earlier said that “some people were held” by the assailants and that “some were released”, but gave no further details. Turkey said one of its citizens was among the dead, while Paris prosecutors said at least one French national died. “They started shooting on the terrace. We climbed up the stairs and lay on the ground. The attackers came and pointed their guns at us,” said one survivor, interviewed in hospital on national television. “I didn’t understand their

language, it might have been Arabic.” A surgeon said the local hospital was “overwhelmed”. The restaurant is just 200 metres (220 yards) from a hotel and cafe targeted in an assault in January 2016 that left 30 people dead and 71 wounded, many of them foreigners. That attack was claimed by Al-Qaeda in the Islamic Maghreb (AQIM). A government statement described the latest deadly shooting as a “terrorist attack”, while President Roch Marc Christian Kabore condemned it as “a despicable attack that has Ouagadougou in mourning”. “The fight against terrorism is a long-term struggle,” he said on Twitter.

Charlottesville Car-ram Suspect James Alex Fields Denied Bail A 20-year-old man accused of ramming his car into a crowd of protesters at a white nationalist rally in Virginia has appeared in court via video from jail. James Alex Fields was denied bail as he was arraigned for second-degree murder, three counts of malicious wounding and one count of hit and run.

Heather Heyer, 32, died and 19 were injured when a car hit demonstrators in Charlottesville on Saturday. Mr Fields is said to have harboured Nazi sympathies. President Donald Trump has been criticised for not specifically denouncing the far-right elements in the weekend’s march.

But the White House has defended his remarks as explicitly condemning the white supremacy groups involved. Ken Frazier, CEO of drugs giant Merck, announced on Monday he would resign from the president’s American Manufacturing Council over Mr Trump’s response to Charlottesville.

Kenya’s Odinga Mulls Next Move on Disputed Election Kenya’s opposition leader Raila Odinga was weighing his next move Monday to contest an election he claims was rigged after defying pressure at home and from abroad to take his complaints to the courts. The 72-year-old insists he was the rightful winner of a “stolen” election last week and urged his supporters to stay away from work Monday to mourn the deaths of those killed in angry protests against the re-election of President Uhuru Kenyatta. However, after nearly a week

in limbo in which businesses remained shut and workers stayed home, Nairobi came back to life on Monday with many unable to afford any more time away from their livelihoods. “I came to work because I need to eat, I need my children to eat, and I need my grandchildren to eat. They can call us to strike, but at the end of the day, they’ll be eating and we won’t,” said Margaret, 62, a hairdresser in the Kibera slum, an Odinga stronghold. “You know, I am very sad that

Raila did not win, but what can he do now? It’s over and we want peace.” Kenyatta reached out to Odinga, offering a “hand of peace” and urged him to use legal means to express his grievances. He also said Odinga was free to organise peaceful demonstrations if he chose not to go to court. “Just do it peacefully, orderly... As a government we will not allow loss of life, destruction of property and looting, because many, many millions of Kenyans also are desirous to go about their business as before,” he said.

North Korea: No Imminent Threat of Nuclear War, Says CIA Chief There is no imminent threat of a nuclear war with North Korea, the top US intelligence official says, amid growing tensions between the countries. CIA Director Mike Pompeo said Pyongyang was moving at an “ever-alarming rate” with its weapons programme and

another missile test would not be surprising. But he warned that Washington’s “strategic patience” was over. Both sides have used hostile rhetoric, with President Donald Trump threatening “fire and fury” on the North.

Mr Pompeo said he was “quite confident” that North Korean leader Kim Jong-un would “continue to try to develop” the country’s weapons programme. When asked about how close the North was to being able to deploy a nuclear weapon that could hit the US, he said: “They’re closer”.

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T H I S D AY TUESDAY AUGUST 15, 2017

FEDERAL GOVERNMENT OF NIGERIA FEDERAL MINISTRY OF WATER RESOURCES NIGER DELTA BASIN DEVELOPMENT AUTHORITY 21 AZIKIWE ROAD, P.M.B 5676 PORT HARCOURT, RIVERS STATE

INVITATION FOR SUBMISSION OF TECHNICAL/FINANCIAL BIDS FROM INTERESTED BIDDERS FOR PROJECTS AND SERVICES (ZONAL INTERVENTION ) UNDER 2017 APPROPRIATION ACT 1.0 INTRODUCTION Niger Delta Basin Development Authority (NDBDA) is a Parastatal of the Federal Ministry of Water Resources charged with the responsibility for Comprehensive Development of Surface and Ground Water Resources, Flood and Erosion Control etc.in Bayelsa, Delta and Rivers States.The Authority intends to carry out Procurement for the various Projects and Services under its 2017 Appropriation.

2.0 ELIGIBILITY CRITERIA Interested Companies are to provide the following as minimum technical requirements for the project and services of their choice. 2.1

1.1 Niger Delta Basin Development Authority hereby invites submission for Technical/Financial bids for prequalification from interested and competent Contractors and Consultants for the Projects and Services(Zonal intervention) in the 2017 Appropriation under the following categories; WORKS      

         

LOT 1: Water Supply Works LOT 1:01 CONSTRUCTION OF SOLAR POWERED WATER RESOURCES PROJECT IN IGBOKO-EDEOHA, AHOADA, RIVERS STATE. LOT 1:02 SOLAR PANEL TO SERVICE WATER RESOURCES WOTRKS AT OPOLO - EPIE YENAGOA BAYELSA CENTRAL SENATORIAL DISTRICT, BAYELSA STATE LOT 1:03 SOLAR POWER WATER RESOURCES BOREHOLE, TANK AND WATER RESOURCES TREATMENT SYSTEM IN TORU NDORO TOWN, EKEREMOR LGA,IN BAYELSA WEST SENATORIAL DISTRICT, BAYELSA STATE LOT 1:04 WATER RESOURCES BOREHOLE AND TREATMENT SYSTEM AND RETICULATION IN SAGBAMA TOWN, SAGBAMA LGA BAYELSA WEST SENATORIAL DISTRICT, BAYELSA STATE LOT 1:05 WATER RESOURCES SCHEME TANK STAND, TREATMENT SCHEME SOLAR POWERED IN EGBEPULUGBENE TOWN, SAGBAMA LGA, BAYELSA WEST SENATORIAL DISTRICT, BAYELSA STATE LOT 1:06 WATER RESOURCES SCHEME TANK STAND, TREATMENT SCHEME SOLAR POWERED IN AWEGBENE TOWN, SAGBAMA LGA, BAYELSA WEST SENATORIAL DISTRICT, BAYELSA STATE LOT 1:07 WATER RESOURCES TREATMENT SYSTEM AND RETICULATION AGHORO TOWN, SAGBAMA LGA, BAYELSA WEST SENATORIAL DISTRICT, BAYELSA STATE LOT 1:08 CONSTRUCTION OF TANK STAND, WATER RESOURCES TREATMENT SYSTEM AND BOREHOLE, SOLAR POWERED AND RETICULATION IN KENANE TOWN, SAGBAMA LGA, IN BAYELSA WEST SENATORIAL DISTRICT, BAYELSA STATE LOT 1:09 CONSTRUCTION OF WATER RESOURCES SCHEME, TANK STAND, WATER RESOURCES TREATMENT SYSTEM AND BOREHOLE IN TORU-NDORO TOWN, EKEREMOR LGA, BAYELSA WEST SENATORIAL DISTRICT, BAYELSA STATE LOT 1:10 CONSTRUCTION OF WATER RESOURCES SCHEME, TANK STAND, WATER RESOURCES TREATMENT AND BOREHOLE IN ALEIBIRI TOWN, EKEREMOR LGA, BAYELSA WEST SENATORIAL DISTRICT, BAYELSA STATE SYSTEM , LOT 1:11 CONSTRUCTION OF 30,000,000 GALLONS BRAITHWAITE (PS 4000) 2 NOS SOLAR POWERED WATER RESOURCES SCHEME WITH PIPELINES NETWORK IN ALADJA, UDU LGA, DELTA CENTRAL SENATORIAL DISTRICT, DELTA STATE LOT 1:12 CONSTRUCTION OF 30,000,000 GALLONS BRAITHWAITE (PS 4000) 2 NOS SOLAR POWERED WATER RESOURCES SCHEME WITH PIPELINES NETWORK IN EWU, UGHELLI SOUTH LGA, DELTA CENTRAL SENATORIAL DISTRICT, DELTA STATE LOT 1:13 CONSTRUCTION OF 20,000,000 GALLONS BRAITHWAITE (PS 4000) 2 NOS SOLAR POWERED WATER RESOURCES SCHEME WITH PIPELINES NETWORK IN MAMI MARKET, BY ARMY BARRACKS, EFFURUN, UVWIE LGA, DELTA CENTRAL SENATORIAL DISTRICT, DELTA STATE LOT 1:14 CONSTRUCTION OF BOREHOLES / WATER RESOURCES PROJECT IN OGBIA FEDERAL CONSTITUENCY, BAYELSA STATE LOT 1:15 CONSTRUCTION OF 50,000 GALLON BRAITHWAITH, HYBRID SOLAR POWERED WATER RESOURCES SUPPLY SCHEME WITH NETWORK AT OZORO, ISOKO NORTH LGA, DELTA STATE

(i) (ii) (iii) (iv) (v)

LOT 2:01



LOT 2:02

  

LOT 2:03 LOT 2:04 LOT 2:05

CONSTRUCTION AND FURNISHING OF VOCATIONAL TRAINING CENTER WITH SOLAR POWER OPOLO EPIE YENAGOA IN BAYELSA CENTRAL SENATORIAL DISTRICT, BAYELSA STATE. CONSTRUCTION OF STAFF QUARTERS WITH SOLAR POWER, (1 BEDROOM SEMI DETACHABLE BUNGALOW) FOR PRIMARY HEALTH CENTER, OPOLO HEALTH CENTER YENAGOA BAYELSA CENTRAL SENATORIAL DISTRICT, BAYELSA STATE RENOVATION OF OGU TOWN CIVIC CENTER IN RIVERS SENATORIAL DISTRICT, RIVERS STATE COMPLETION OF MINYA CENTRAL COUNCIL TOWN HALL MKPATENIN LGA AKWA IBOM STATE COMPLETION / CONSTRUCTION OF NDON TOWN COMMUNITY HALL NDON MPAT EHIN LGA AKWA IBOM STATE

LOT3 : Power Installation Works 

LOT3:01

PROVISION OF SOLAR STREET LIGHTS IN IGBOMOTORU COMMUNITY, SOUTHERN IJAW ENVIRONS, SOUTHERN IJAW FEDERAL CONSTITUENCY BAYELSA STATE  LOT3:02 CONSTRUCTION OF SOLAR POWERED STREET LIGHT AT YENOGOA/ KOLOKUMA OPOKUMA FEDERAL CONSTITUENCY, KOLOKUMA/ OPOKUMA LGA, BAYELSA STATE  LOT3:03 CONSTRUCTION OF SOLAR STREET LIGHTS IN SAGBAMA & EKEREMOR FEDERAL CONSTITUENCY, BAYELSA STATE LOT 4: CONSULTANCY SERVICES  LOT4:01 STUDY AND DESIGN OF VOCATIONAL TRAINING CENTER WITH SOLAR POWER OPOLO EPIE YENAGOA IN BAYELSA CENTRAL SENATORIAL DISTRICT, BAYELSA STATE.  LOT4:02 DESIGN OF STAFF QUARTERS WITH SOLAR POWER,( 1 BEDROOM SEMI DETACHABLE BUNGALOW) FOR PRIMARY HEALTH CENTER, OPOLO HEALTH CENTER YENAGOA BAYELSA CENTRAL SENATORIAL DISTRICT, BAYELSA STATE  LOT4:03 TRAINING OF YOUTHS IN MODERN FISH FARMING TECHNIQUES IN BURUTU FEDERAL CONSTITUENCY, DELTA STATE  LOT4:04 STUDY AND DESIGN OF 30,000,000 GALLONS BRAITHWAITE (PS 4000) 2 NOS SOLAR POWERED WATER RESOURCES SCHEME WITH PIPELINES NETWORK IN ALADJA, UDU LGA, DELTA CENTRAL SENATORIAL DISTRICT, DELTA STATE  LOT4:05 STUDY AND DESIGN OF 30,000,000 GALLONS BRAITHWAITE (PS 4000) 2 NOS SOLAR POWERED WATER RESOURCES SCHEME WITH PIPELINES NETWORK IN EWU, UGHELLI SOUTH LGA, DELTA CENTRAL SENATORIAL DISTRICT, DELTA STATE.  LOT4:06 STUDY AND DESIGN OF BOREHOLES / WATER RESOURCES PROJECT IN OGBIA FEDERAL CONSTITUENCY, BAYELSA STATE  LOT4:07 STUDY AND DESIGN OF SOLAR STREET LIGHTS IN IGBOMOTORU COMMUNITY, SOUTHERN IJAW ENVIRONS, SOUTHERN IJAW FEDERAL CONSTITUENCY BAYELSA STATE  LOT4:08 STUDY AND DESIGN OF SOLAR POWERED STREET LIGHT AT YENOGOA /KOLOKUMA OPOKUMA FEDERAL CONSTITUENCY, KOLOKUMA/ OPOKUMA LGA, BAYELSA STATE  LOT4:09 STUDY AND DESIGN OF SOLAR STREET LIGHTS IN SAGBAMA & EKEREMOR FEDERAL CONSTITUENCY, BAYELSA STATE  LOT4:10 CONSTRUCTION OF 50,000 GALLON BRAITHWAITH, HYBRID SOLAR POWERED WATER RESOURCES SUPPLY SCHEME WITH NETWORK AT OZORO, ISOKO NORTH LGA, DELTA STATE LOT 5 :GOODS  LOT5:01 SUPPLY OF BOAT AMBULANCE OPOROMA IN BAYELSA CENTRAL SENATORIAL DISTRICT, BAYELSA STATE  LOT5:02 SUPPLY OF ONE NUMBER TOYOTA AMBULANCE KIAMA GENERAL HOSPITAL KIAMA YENAGOA IN BAYELSA CENTRAL SENATORIAL DISTRICT, BAYELSA STATE  LOT5:03 SUPPLY OF SCHOOL FURNITURE, BISHOP DIMEARI GRAMMER SCHOOL, YENAGOA IN BAYELSA CENTRAL SENATORIAL DISTRICT, BAYELSA STATE  LOT5:04 SUPPLY OF SCHOOL FURNITURE FOROPAH SECONDARY SCHOOL, SOUTHERN IJAW IN BAYELSA CENTRAL SENATORIAL DISTRICT, BAYELSA STATE  LOT5:05 SUPPLY OF SCHOOL FURNITURE'S TOMBIA COMPREHENSIVE HIGH SCHOOL, TOMBIA IN BAYELSA CENTRAL SENATORIAL DISTRICT, BAYELSA STATE  LOT5:06 FURNISHING OF OGU COMMUNITY CIVIC PALACE IN RIVERS EAST SENATORIAL DISTRICT, RIVERS STATE  LOT5:07 PURCHASE OF EMPOWERMENT EQUIPMENT (DEEP FREEZERS, MOTORCYCLES, 7.5KVA GENARATING SETS AND DESKTOP COMPUTERS FOR RIVERS EAST SENATORIAL DISTRICT, RIVERS STATE  LOT5:07 PURCHASE AND SUPPLY OF (2) NOS. 160 KVA GENARATORS FOR RURAL COMMUNITY ELECTRIFICATION IN RIVERS EAST SENATORIAL DISTRICT, RIVERS STATE  LOT5:08 SUPPLY OF 24 (TWENTY FOUR) NUMBERS OF 9.9 YAMAHA NEW HORSE POWER OUT BOARD ENGINE TO ELEKPON OKOROFIE COMMUNITIES EASTERN OBOLO LGA AKWA IBOM STATE  LOT5:09 PROVISION OF MOTORCYCLE FOR UNEMPLOYED YOUTHS IN BURUTU FEDERAL CONSTITUENCY, DELTA STATE

Sworn affidavit in line with provision of part iv section 16 sub-section 6(f) of the public Procurement Act 2007 stating that all documents/information presented are genuine and verifiable. The director(s) of the firm has/have never been convicted in any Court of Law within or outside Nigeria. None of the company' s directors or the Company itself is bankrupt. None of the officers of the Niger Delta Basin Development Authority or Bureau of Public Procurement is a former or present staff of the company. The company is not in receivership.

2.2 2.21

ADDITIONAL REQUIREMENTS For Consultancy Services a) Detailed Company Profile with evidence of possession of adequate personnel with curriculum vitae (CV) and the ability to perform the obligation of the contract and the Project with least 10years experience in the study and design of project that were similar in nature. b) Evidence of experience in at least five (5) jobs of similar nature, completely executed or ongoing within the last ten (10) years with verifiable letters of contract award, evidence of payment and certificates of job completion. c) Evidence of Company Registration with relevant professional bodies such as ARCON, COREN, ICCON and IPAN. d) Evidence of qualification of key staff and their registration with the relevant regulatory professional bodies.

2.22

For Goods a) Detailed Company Profile which should include list of key personnel, their qualifications (certificates and Cvs) and experience in similar work) b) Evidence of experience in at least five (5) jobs of similar nature and completely executed or ongoing within the least three (3) years with verifiable letters of contract award, evidence of payment and certificates of job completion. d) Possession of satisfactory Quality Assurance/Quality Control manuals.

2.23

For Works a) Detailed Company Profile which should include list of key personnel, their qualifications (certificates& Cvs) and experience in similar jobs b) Evidence of experience in at least five (5) jobs of similar nature and completely executed or ongoing within the last ten (10) years with verifiable letters of contracts of award, evidence of payment and certificates of completion. c) Evidence of financial capability/reference letter from a reputable bank. d) Evidence of verifiable list of major construction equipment and facilities including registration numbers, location (where they can be inspected) and remark on whether these are owned, hired or leased. F) Possession of satisfactory Quality Assurance/Quality Control manuals

LOT 2: Civil and Rehabilitation Works 

MANDATORY REQUIREMENTS ( Consultancy , Works and Goods) a) Evidence of registration with Corporate Affairs Commission (CAC) by inclusion of certificate of Incorporation and Article of Association. b) Last 3 years,2014, 2015and 2016 Tax Clearance Certificates with Tax Identification Number (TIN) c) Evidence of Pencom Compliance Clearance Certificate for 2017. d) For Joint Venture (JVs), include Memorandum of Understanding (MOU) e) Annual Audit reports for the last 3 years (2014, 2015& 2016). f) Verifiable Evidence of compliance with the Industrial Training Fund Amendment Act 2011 by inclusion of Compliance Clearance Certificate from the Industrial Training Fund (ITF) for 2017 g) Verifiable evidence of registration on the National Database of Consultants, Contractors, and service Providers (NDCCSP) with the Bureau of Public Procurement (BPP) by submission of Interim Registration Report (IRR) as evidence of compliance. h) Evidence of National social Insurance Trust Fund (NSITF) Clearance Certificate for 2017. i) A Company bid document with the following:-

NB: Original of documents 2.1 (a c, f - h) above should be produced for sighting on request/during the opening session. PLEASE NOTE THAT SUBMISSION OF FAKE DOCUMENTS IS A FRAUDULENT PRACTICE WHICH IS PUNISHABLE UNDER THE RELEVANT LAWS. All companies will be assessed strictly on proof of documents submitted. 3.0 COLLECTION OF BID DOCUMENTS i All contractors must renew their registration with the Authority. ii Tender Documents will be available for collection from 12 Noon on Tuesday 15th August, 2017 upon the presentation of evidence of payment of non-refundable tender fee of N30,000.00(Thirty Thousand Naira) only, for Works) only , N10,000.00(Ten Thousand Naira only ) for Consultancy Services and N20,000.00(Twenty Thousand Naira) only, for Goods and General Services into the Authority' s Central Bank Treasury Single Account (TSA) as follows: Account Name:

Niger Delta Basin Development Authority Remita E- Collection IGR Account Number 0120179561013 (alternatively, collect Remita Reference Retrieval (RRR) Number from the cashier before paying through commercial bank) at the Authority' s Conference Hall ,Headquarters premises , Port Harcourt iii

All terms and conditions in the collected Tender Documents must be strictly adhered to, please.

4.0 SUBMISSION OF COMPLETED TECHNICAL/ FINANCIAL DOCUMENTS i Completed Technical and Financial bids shall be submitted in Two (2) hard copies and One(1) Electronic copy(Non rewritable compact disk/DVD) in two different sealed envelopes and labeled ' Technical and Financial'respectively with ' project category and Lot Number” at the top right hand corner of the envelope and enclosed in a third envelop on which is also indicated the Project category and Lot Number and addressed to: THE MANAGING DIRECTOR NIGER DELTA BASIN DEVELOPMENT AUTHORITY P.M.B. 21 AZIKIWE ROAD, 5676 PORT HARCOURT, RIVERS STATE, and drop in the bidding boxes at the Authority' s Conference Hall, Headquarter premises, Port Harcourt. ii iii

All Technical/Financial bid documents MUST be accompanied with duly signed submission letter by the bidders. All bidding documents submitted shall be subjected to Due Diligence in accordance with the Public Procurement Act (PPA) 2007.

5.0

CLOSING DATE FOR SUBMISSION OF BIDS The closing date for the submission in respect of all projects is on or before 12noon, Tuesday 26thSeptember, 2017.Any bid submitted after this date and time will be rejected.

6.0 i

OPENING OF BIDS Technical Bids shall be opened same day immediately after deadline of submission at the Authority' s Conference Hall, Headquarter premises, Port Harcourt. Only Companies whose Technical bids fulfill the minimum requirements will be contacted for financial opening. All Companies bidding are expected to bring along the ORIGINAL COPIES of all relevant documents for sighting. Non-Governmental Organization (NGO) and the general public are hereby invited to witness the bids opening

ii iii iv 7.0

ENQUIRIES All enquiries should be directed:

HEAD OF PROCUREMENT NIGER DELTA BASIN DEVELOPMENT AUTHORITY P.M.B. 21 AZIKIWE ROAD, 5676, PORT HARCOURT, RIVERS STATE Phone: 07035288650 E-mail: nkesekatey@yahoo.com

OR: visit AUTHORITY'S WEBSITE; www.ndbda.gov.ng 8.0 8.1

DISCLAIMER AND CONCLUSION This announcement is published for information purposes only and does not constitute an offer by the Authority to transact with any party for the project and services listed, nor does it constitute a commitment or obligation on the part of the Authority to procure/concession services.

8.2

The Authority will not be responsible for any cost or expenses incurred by any interested party(ies) in connection with any response to this invitation and or the preparation or submission in response to an inquiry.

8.3

The Authority pledges fair and equal treatment of all participants but is not bound to shortlist any bidder and reserves the right to annul the selection process at any time without incurring any liability whatsoever.

SIGNED: THE MANAGING DIRECTOR NIGER DELTA BASIN DEVELOPMENT AUTHORITY PORT HARCOURT, RIVERS STATE.

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15.08.2017

WEEKLY PULL-OUT

‘2017 NBA CONFERENCE WILL IMPACT ON NIGERIA AND AFRICA’

Dr. Ko Konyin o Ajayi, SAN

2/DASHBOARD

15.08.2017

Effect of Extra Judicial Statement of Accused Person PAGE 4

LawPavilion Celebrates 120 Tech-Adept SANs PAGE 5

The “Unusual” NBA Annual General Conference PAGE 5

‘A Lawyer Must Be Above Suspicion’ PAGE 6

QUOTABLES ‘Personally, I believe this country stands on a constitutional tripod of equity, fairness and justice; and we cannot continue to act like the proverbial ostrich, and just stick our necks in the sand and pretend as if nothing is going on.’ – Olufemi Gbajabiamila, Lawyer, Majority Leader, House of Representatives, Federal Republic of Nigeria

‘I haven't identified any section of the law, that allows the State Security Service to arrest somebody involved in diverting money meant for importing fuel or whatever. So what is the business of the SSS with respect to economic and financial crimes or corruption? That has nothing to do with the security of the country.’ – Femi Falana, SAN, Human Rights Activist

An Act in Search of Justification? PAGE 7

Attention My Lords PAGE 12

COLUMNIST ABUBAKAR D. SANI Abubakar D. Sani holds a Bachelors degree from the University of Maiduguri, and has been in active private legal practice since he was called to the Nigerian Bar in 1987.He is the Principal of Abubakar D. Sani & Co., which has offices in Abuja and Kano. " INSIGHT" aims to unravel, analyse and proffer solutions to numerous anomalies in Nigerian law and practice, particularly statutes, vis-a-vis the Constitution, International Treaties and Conventions to which Nigeria is a signatory, Judicial Precedent and other relevant statutes and issues.

ONIKEPO BRAITHWAITE EDITOR JUDE IGBANOI DEPUTY EDITOR AKINWALE AKINTUNDE REPORTER TUNDE BUSARI GROUP HEAD OCHI OGBUAKU II ART DIRECTOR

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GUEST COLUMNIST OLAWALE FAPOHUNDA

Killing the National Human Rights Commission Slowly The APC and Human Rights “......Our party in Government will be committed to policy objectives to uphold and enforce the fundamental human rights as enshrined in Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999. An APC government will give unflinching support to agencies, bodies and organisations charged with the responsibility of protecting these rights.... As APC in government, we will (1) Provide necessary support to enable the National Human rights Commission to discharge its functions effectively” -Section 15, Manisfesto, All Progressives Congress (APC)

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key feature of Buhari’s administration policy statements, is a commitment to improving the quality of life of all Nigerians irrespective of ethic group, religion, disability, gender, money or any other difference. The APC manisfesto, places respect for Human Rights at the heart of this commitment. Human rights are the fundamental freedoms and rights, to which all Nigerians are entitled. They are built on universal values, such as dignity, equality, freedom, autonomy and respect, first set down in the Universal Declaration of Human Rights 69 years ago, and now grounded in the Nigerian Constitution and international laws. In addition to the human rights provisions to be found in Chapter IV of the 1999 Nigerian Constitution, Nigeria is a party to most of the Africa specific and International Human Rights treaties. The Attorney-General of the Federation, has at every opportunity affirmed the commitment of the Buhari administration to a detailed policy and legislative programme, to realise the fundamental human rights provided for in our constitution. A human rights friendly policy statement, and an affirmation of a commitment to the protection of human rights, are no doubt important milestones towards respect for citizens’ rights. The immediate challenge however, is how to make human rights an every day reality for Nigerians. The governance of humans, is complex and diffuse. The three arms of government are involved, together with other national institutions and civil society. Among these, the National Human Rights Commission of Nigeria (the Commission) occupies a unique position. National Human Rights Commission The Commission was established by the National Human Rights Commission (NHRC) Act, 1995, as amended by the NHRC Act, 2010. Broadly, its mandate includes the promotion of respect for human rights; engendering a culture of human rights and monitoring the observance of human rights in Nigeria. More importantly, the Commission provides an accessible and affordable redress mechanism for victims of human rights violation. The Commission has over the years, contributed to the development of our understanding of human rights in our homes, our schools, at work and in our communities. It has built on international best practice, and responded to the current political and economic context in Nigeria. The Commission has led the debate, about how human rights can form part of Nigeria’s constitutional framework. In general, the work of the Commission reflects where Nigeria is, on its journey to fully realise human rights. NHRC: Lack of Adequate Funding These achievements, are now in danger of being reversed. The funding of the Commission, has over the years been in steady decline. It is a paradox of some sort, that a Commission that was set up to provide support and assistance to the indigent

and vulnerable, is now itself on the verge of being indigent and vulnerable, due to the inability of successive governments to prioritise its funding. Many of us who engage the Commission daily, know that It is becoming increasingly difficult for the Commission to function effectively. This is noticeable, in its monitoring and investigation of complaints throughout Nigeria. Protecting the rights of persons who come in conflict with the law, including the more than 40,000 persons on awaiting trial in prisons nationwide; dealing with complaints of victims of demolitions and forced evictions; oil spillage and environmental pollution complaints, are some of the interventions that are being threatened. No less important, is the human rights dimension of the insurgency in the North East, and other internal security operations in the North Central, South East and South South. The reality of the Commission today, is that much of its funding comes from development partners and international donor agencies. While there is nothing wrong with seeking international partnerships in enhancing the rights of Nigerians, there is obviously much that is wrong with a Commission that has to depend on the sympathy of the international community, for its survival. Our country is a sovereign, democratic state founded on values that promote and protect fundamental human rights and freedoms. We disempower our citizens and convey a negative message to the world, if we are seen to struggle with appropriately endowing one of our important state institutions created to support our constitutional democracy. Need for Urgent Reconstitution of NHRC Governing Council Quite aside from the matter of funding, is the inexplicable delay in re-constituting the Governing Council of the Commission. The absence of its Council, has left the Commission without the added expertise and necessary authority to engage government, non-governmental stakeholders and the international community. At the very least, the Governing Council will have been able to remind the Buhari administration, that our democracy is strengthened and entrenched, when Nigerians are fully aware of their fundamental human rights and consciously lay claim to these. That a functional Commission, is crucial to building a country that is fair to all Nigerians, a country in which all Nigerians feel and know that they are valued citizens of Nigeria and that they have rights that respect human dignity, promote human development, foster human equality and advance human freedom. Recommendations Going forward, the Buhari administration must support the Commission, fully conscious of the need to affirm Chapter IV provisions in the 1999 Constitution and our regional and international human

"IT IS A PARADOX OF SOME SORT, THAT A COMMISSION THAT WAS SET UP TO PROVIDE SUPPORT AND ASSISTANCE TO THE INDIGENT AND VULNERABLE, IS NOW ITSELF ON THE VERGE OF BEING INDIGENT AND VULNERABLE, DUE TO THE INABILITY OF SUCCESSIVE GOVERNMENTS TO PRIORITISE ITS FUNDING"

rights obligations. Having been granted “A” Status by the Office of the High Commissioner For Human Rights, we must now embrace our international responsibilities. It will be regrettable if the status of the Commission, is downgraded simply because the administration has not paid much attention to its existence. There is of course a broader discussion that needs to be had, on the rationale behind paying lip service to supporting institutions of government, when in reality we have neither the political will nor the desire to ensure that they are appropriately endowed. Endowment Secondly, still on the issue of endowment, the National Human Rights Commission Act, provides for the endowment of a Human Rights Fund. The need for the activation of the fund by the Federal Government at this point in time, cannot be overemphasised. The Human Rights Fund quite aside from programme support for the Commission, can help deliver progress in a number of areas, especially strengthening coordination between the Commission and Human Rights NGOs working across diverse areas, but with emphasis on protecting the rights of minorities and vulnerable persons, particularly women and girls; supporting the enactment and implementation of public interest legislation; and helping to create a more tolerable space for public debate on ethnicity and religion. Twin issues, that continue to overheat public space. Special Intervention Fund Thirdly, without prejudice to proposal for the endowment of a Human Rights Fund, in the immediate, the Presidency should give consideration to a special intervention fund, to enable the Commission provide leadership to the monitoring of the human rights situation in the North East. It is simply inexplicable that, given concerns from the international community on the rights situation in the insurgency areas and the effects on purchasing military wares and equipment necessary for the sustainable degradation of the insurgents, there has been no deliberate effort to recognise the Commission, as an important stakeholder in the war against insurgency. It is scandalous that the Commission that should be monitoring and investigating rights violations and compliance of security forces with rules of engagement, does not have a single project vehicle for this purpose. Finally, it is worth repeating that the Governing Council of the Commission, should be reconstituted without further delay. Nigeria cannot afford to have its human rights commission, exist in name only. The Buhari administration is the outcome of the desire of majority of Nigerians, for a deep and thoroughgoing structural transformation, that is inextricably linked to a culture of human rights. It will be truly regrettable, if the one state institution that could potentially facilitate the realisation of our aspiration, is allowed to die on its watch.

Overview 3 Year Budget of NHRC @ As published by the Ministry of Finance Olawale Fapohunda, Managing Partner, Legal Resources Consortium, Immediate Past AttorneyGeneral of Ekiti State

4/LAW REPORT

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Effect of Extra Judicial Statement of Accused Person

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1 NWLR (Pt. 2) 360. Contrary to the Appellant’s argument that the Prosecution failed to prove the ingredients of the offences, the Respondent submitted that the Appellant’s confessional statement, revealed the role of the Appellant as the principal offender in the commission of the crime. Calling in aid the provisions of Section 8 of the Criminal Code of Ondo State Cap 37, Vol. 1, 2006 the Respondent contended that, when two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed of such nature that its commission was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence. The Respondent argued in addition, that there was evidence that the deceased was kidnapped, there was a report of the murder of the deceased at the Police Station, and the prosecution’s witness saw the mutilated corpse of the deceased child at the scene of the crime. The Respondent stated that the lower Courts believed the confessional statement of the Appellant, as well as the other evidence before the Court, and rightly relied on them. He finally urged the Court to dismiss the appeal.

Facts

he Appellant and a certain Olusegun Oboro, allegedly kidnapped the deceased, (an eighteen month old baby by the name Dada Rachel Akinboye), while she was sleeping beside her mother and gave her to one Theophilus Friday, who subsequently, murdered her and removed some of her body parts. The next day, the father of the child went to report the incident at the Police station, while the leaders of the village consulted their oracle which disclosed that it was Olusegun Oboro, Theophilus Friday and the Appellant, that killed the child. The Community, later handed over the suspects to the Police. At the Police station, the Appellant made an extra judicial statement. Subsequently, the Appellant, along with the other suspects, were arraigned at the High Court of Ondo State for the offences of kidnapping and murder. At trial, the Appellant denied the voluntariness of his earlier extra judicial statement, and the Court conducted a trial-within-trial, after which it admitted the statement in evidence. The Prosecution called only one witness - PW1, while the Appellant testified in his defence. At the conclusion of the trial, the Court found the Appellant and the other accused persons, guilty. They were consequently, convicted and sentenced to death. Aggrieved by the decision of the trial Court, the Appellant appealed to the Court of Appeal, which confirmed the conviction and sentence. Still dissatisfied with the decision, the Appellant filed a further appeal to the Supreme Court. At the Supreme Court, the Respondent filed a Notice of Preliminary Objection, challenging the grounds of appeal and issues formulated therefrom, as being incompetent. Issue for Determination The appeal was determined on a sole issue, reframed by the Supreme Court thus: Whether the Court of Appeal, was right to have affirmed the conviction and sentence of the Appellant for the offences of kidnapping and murder, on the basis of the confessional statement and testimony of PW1 relied on by the trial Court. Arguments Arguing the Preliminary Objection, the Respondent submitted that the grounds of appeal and the issues for determination, did not arise from the decision of the Court of Appeal, but rather attack the judgement of the trial Court. Reliance was placed on the case of C.C.B. PLC v JOHAN DAN OKORO EKPER (2007) 1 SC (Pt. 11) 130 in submitting that for a ground of appeal to be valid, they must be related to the decision being appealed against, and should constitute a challenge to the ratio of the decision. The Appellant, on the other hand, urged the Court to dismiss the preliminary objection, for failure of the Respondent to file a separate motion on notice to the objection. He relied on the case of NSIRIM v NSIRIM (1990) 3 NWLR (Pt. 138) 286 at 297. Further, the Respondent argued that the issue distilled by the Appellant and Respondent before the Court of Appeal upon which the judgement of the Court was delivered, pertains to the Appellant’s confessional statement. He urged the Apex Court to discountenance the objection. On the Main Appeal The Appellant submitted that, the Prosecution did not prove its case beyond reasonable doubt against him. He relied on the provisions of Section 3 (1) and (2) of the Anti-Kidnapping and AntiAbduction Law of Ondo State, 2010 in arguing that the ingredients of the offence of kidnapping, were not established by the Prosecution. He also stated that the ingredients of the offence of murder were not established by the Prosecution. The Appellant argued that, the Prosecution relied on the evidence of a lone witness who was not an eye witness to the crime, and that there were inconsistencies in the evidence of the Prosecution. He relied on the case of AHMED v THE STATE (1999) 5 SCNJ 223 in contending that, where there are inconsistencies in the evidence of the Prosecution on material facts, such ought to be explained by the Prosecution. The Appellant argued further that, the Court of Appeal was wrong to have affirmed and adopted the trial Court’s admission of his extra judicial statement as a confessional statement, despite his objection to it on the ground of involuntariness. He placed reliance

In the Supreme Court of Nigeria Holden at Abuja On Friday, the 2nd Day of June, 2017 Before Their Lordships Olabode Rhodes-Vivour Clara Bata Ogunbiyi Amiru Sanusi Paul Adamu Galinje Sidi Dauda Bage Justices, Supreme Court SC.532/2015 Between Johan Lase........ Appellant And The State........Respondent Lead Judgement delivered by Hon. Sidi Dauda Bage, JSC

on the case of DANIEL NSOFOR v THE STATE (2005) All FWLR (Pt. 242) 397. The Respondent submitted that in proving its case, the Prosecution called a lone witness and tendered exhibits. One of the exhibits revealed the mutilated body of the deceased child, and another was the extra judicial statement of the Appellant. The Respondent also argued that, the Court of Appeal will only interfere with the evaluation of evidence and finding of facts by the trial Court, if such findings are perverse or show a misapprehension of facts. The Respondent relied on the case of ATOLAGBE v SHORUM (1985)

"A FREE AND VOLUNTARY CONFESSION OF GUILT BY AN ACCUSED PERSON, IF IT IS DIRECT, POSITIVE AND SATISFACTORILY PROVED, SHOULD OCCUPY THE HIGH PLACE OF AUTHENTICITY, WHEN IT COMES TO PROOF BEYOND REASONABLE DOUBT"

Court’s Judgement and Rationale On the Preliminary Objection Their Lordships unanimously held that the appeal related directly to the judgement of the Court of Appeal, and a challenge to the ratio of that decision. The Court also held that, issue raised in the preliminary objection was a jurisdictional question which can come in any way, even viva voce. It need not be by way of a motion on notice. The Supreme Court thereby, overruled the Respondent’s objection. On the Main Appeal The Supreme Court, by a majority decision, held that a free and voluntary confession of guilt by an accused person, if it is direct, positive and satisfactorily proved, should occupy the high place of authenticity, when it comes to proof beyond reasonable doubt. A confession by itself alone, is sufficient without corroboration, to warrant a conviction. The Apex Court considered the extra judicial statement of the Appellant, the fact that the trial Court conducted a trial-within-trial, before admitting the extra judicial statement, and held that, the trial Court was right to have convicted the Appellant on the confessional statement. The Court held further that, once an abettor is found to be present at the commission of the offence he abetted, he has automatically become a principal offender, and it is mandatory on the trial Court to convict him for the main offence. SANI BUJE v THE STATE (1991) 4 NWLR (Pt. 185) at 288. Also, where two or more persons intentionally do a thing jointly, it is the same as if each had done it individually. Each person is not only liable for his own acts but also for the sum acts of his fellow conspirators in furtherance of the common intention. In conclusion, the Court held that, the prosecution proved its case beyond reasonable doubt; dismissed the appeal and affirmed the conviction and sentence of the Appellant. Dissenting, Honourable Justice Paul Adamu Galinje, opined that it is the duty of the prosecution to prove positively that the confessional statement made by an accused person, was made voluntarily. He relied on the case of EMEKA v STATE (2001) 14 NWLR (Pt. 734) 666 at 681. His Lordship stated that during the trial-within-trial conducted by the trial Court, the Prosecution’s only witness was the Investigating Police Officer (PW1), who the Appellant accused of recording his statement under severe torture. Although, PW1 denied torturing the Appellant, no independent witness was called to confirm whether he tortured the Appellant or not. His Lordship, found that the Appellant’s statement was not affirmatively proved to be a voluntary confessional statement, for it to be admissible. Consequently, His Lordship allowed the appeal; discharged and acquitted the Appellant. Appeal Dismissed on a Majority of 4:1 Representation: Henry E. Omu for the Appellant Bunmi Niyi-Arajuwa with A.A. Oladuniyi, Ministry of Justice, Ondo State for the Respondent. Reported by Optimum Publishers Limited (Publishers of Nigerian Monthly Law Reports (NMLR))

15.08.2017

NEWS/5

INAUGURATION Newly Inaugurated Panel to Review Compliance of the Armed Forces with Human Rights Obligations and Rules of Engagement with the Acting President, Prof Yemi Osinbajo, SAN and NSA, Rtd Major General Babagana Monguno

Members of the Newly Inaugurated Panel, Prof. Hauwa Ibrahim and Mr Olawale Fapohunda

Urges FG LawPavilion Celebrates 120 ONEVoice on Restructuring Tech-Adept SANs Yinka Olatunbosun

Jude Igbanoi Africa’s leading Legal Technologies Solution Provider and Software Developers, LawPavilion has in an unprecedented recognition of intellectual foresightedness and immense contribution to the development of law and justice in Nigeria, concluded plans to celebrate 120 Senior Advocates of Nigeria (SANs), who have been registered on its platform and users of the award winning LawPavilion Electronic Law Reports (LPELR) during the forthcoming NBA Conference which also coincides with the Company’s 10th commercial year anniversary. Speaking, Mr. Ope Olugasa, Managing Director of LawPavilion, stated that “Words in Gold for Senior Advocates of Nigeria”, is a recognition of the immense contributions of the 120 Learned Silks, which became obvious

during the development of the Company’s latest ambitious Legal Analytics product, the LawPavilion Prime, Africa’s First legal Analytics Software. He stated that, because data was being mined from available reported cases from the Supreme Court and Court of Appeal in the creation and development of LawPavilion Prime, many of the identified Learned Senior Advocates of Nigeria, had appeared in many of these cases, either as Lead Counsel or part of the representation team, and their contributions have been instrumental to the development of Nigerian law and jurisprudence. As part of the planned celebration, each of the identified tech-adept Senior Advocates of Nigeria, will be handed a compilation of his/her submissions in all the cases in the Supreme Court and Court of Appeal in which such Learned Senior Advocate

has appeared. In the immediate, it serves as an invaluable memorabilia and portable testament of the legacy of such Learned Senior Advocate. On the other hand, it will also serve as a first reference tool for future cases regarding similar cases to be handled by such Learned Senior Advocate or others. Furthermore, it becomes a veritable tool in the compilation of books, essays or biographies about the life and practice of such Learned Senior Advocate of Nigeria. According to its Managing Director, Ope Olugasa, the LawPavilion brand has been servicing the legal services industry for the past 10 years, and the Company is using the opportunity of the 2017 NBA-AGC, to celebrate with its teeming subscribers and appreciate their patronage and loyalty for the past 10 years. He stated that, the Company

would not rest on its oars of being innovative and blazing a trail for other service providers to follow in the legal services industry and Nigeria in general. He stated that as part of its commitment to the industry, it will be unveiling commercially, Africa’s First Legal Analytics software – The LawPavilion Prime, which is the result of more than 4 years of intense research and development, which involved more than 150 lawyers and software developers. For an industry that has been portrayed as being slow to adopt technology, the innovations provided by LawPavilion have changed that narrative and shown that with tailor-made solutions, legal practitioners in Nigeria are able to compete and rub shoulders with their contemporaries from advanced jurisdictions, without hindrance.

A coalition of human rights groups and civil societies, ONEVoice, has called on the Federal Government, to consider the renewed clamour for restructuring the Nigerian State towards economic development and growth. This was one of the highlights of a recent media briefing held at the Centre for Constitutional Governance, Ilupeju, where some of the issues raised in the new agenda for restructuring were discussed. These pertinent issues include the devolution of power, citizenship and indigeneship; regional government, resource control and management; federalism, state policing, and revenue allocation, amongst others. The group argued that, many Nigerians are

The “Unusual” NBA Annual General Conference In continuation of a tradition of excellence, all is now set for the 57th edition of the Nigerian Bar Association (NBA) Annual General Conference (AGC), holding in Lagos from the 18th to 24th of August, 2017. Keeping with its vision to reinvent the NBA into a Brave New Bar driven by the passion, knowledge and skills of its members as a veritable agent for national transformation, the NBA under the visionary leadership of Abubakar Balarabe Mahmoud OON, SAN, has gone to great lengths to introduce transformational innovations, which are set to change the dynamics of bar conferences in Africa. The conference which has as its theme “African Business: Penetrating through Institution Building”, will attract a host of outstanding speakers, thinkers, global influencers and experts, who are pioneering this century's most important ideas and innovations in their respective fields of endeavour. Harnessed from government, businesses, professional services, and the academia, these speakers will at the conference moderate sessions, discuss leading edge topics, and project the conference theme to conferees with a

view to accelerating economic development and social justice in Africa and repositioning the critical role of the bar in economic and social development, by building institutions as units of stability, encouraging the rule of law, and good governance. Conferees at the 2017 Annual General Conference, will be spoilt for choice and can focus on diverse areas of interest, as the gathering will feature about 31 sessions, which will vary widely in style, and cover most sectors and practice areas. Acting President of the Federal Republic of Nigeria, Prof Yemi Osinbajo, SAN, GCON, as well as declaring the conference open, will lead talks as will with other heavyweights, such as the former Prime Minister of the State of Georgia, Nika Gilauri; MD, Goldman Sachs Africa, Colin Coleman; Global CEO Consultant, Ram Charan; Nigeria’s and Africa’s richest man, Aliko Dangote, and many more. Other distinguished speakers and panelists include Nigeria’s Minister of State for Petroleum, Dr. Ibe Kachikwu; Honourable Minister of Finance, Kemi Adeosun; Executive Vice Chairman/CEO of the

Nigerian Communications Commission (NCC), Prof. Umar Garba Danbatta; Finance Minister of Ghana, Ken Ofori-Atta; Governor of the Central Bank of Nigeria, Godwin Emefiele, CON; Attorney-General and Minister for Justice of the Republic of Ghana, Gloria Afua-Akuffo and AMCON CEO, Ahmed Lawan Kuru. Representatives of the global legal community including the International Bar Association (IBA), International Trademark Association (INTA), The Law Society of England and Wales, the International Lawyers for Africa (ILFA) will also be at the conference. The invitees who will be rubbing shoulders, or if you will minds, at the conference will include the Head of Branding Consultancy in South Africa, AttorneyGeneral of Ghana, Heads of Ghanian, Zambian and Kenyan Bars, representatives of leading law firms in Ivory Coast and Cameroon, Professors from Massachusetts Institute of Technology (M.I.T), Princeton University, and former INEC Chairman, Attahiru Jega amongst others. Expounding the President

of the NBA leadership’s hallmark tradition of excellence, Chairman of the Technical Committee On Conference Planning (TCCP) Professor Koyinsola Ajayi, SAN, declared recently, that the NBA 2017 AGC, will change the face of legal practice in Nigeria and provide a level playing ground for all lawyers, irrespective of their area or location of practice. In this year’s edition of the General Conference, innovations such as online registration for the conference and digital access into the conference venue have replaced manual processes and paper registration, creating room for simple and seamless accreditation. Another interesting feature of this year’s conference, is the elimination of the challenges that come from onsite registration. Conferees will be able to register and collect their conference materials from designated collection centres nationwide, well before the conference. In addition, telecommunications services provider, Airtel Networks Limited and electronic law report providers, LegalPedia and LawBreed, have partnered

with the TCCP, to procure and issue conferees electronic tablets for conference materials, instead of the conference bags and paper documents they were erstwhile accustomed to. Registrants can expect to enjoy durability, functionality and depth in the electronic tablets, as each will provide all information and materials for the conference, and will also feature a 12 month free subscription to full Law Reports of the Supreme Court, Court of Appeal, National Industrial Court, all State High Courts, the Federal High Court, Sharia Court of Appeal, Sharia Courts, Rules of all the courts in Nigeria, Laws of the Federation of Nigeria (LFN), Laws Of several States Of The Federation, Law Reports from Asia, America and Europe and an array of Commercial Forms and Precedents. The Electronic Tablets will also be pre-installed with psychometric tests, provided by Thomas International in partnership with Phillips Consulting Limited (PCL). It is beyond argument that the practice of the legal profession takes a heavy toll on the health of practitioners, CONTINUED ON PAGE 13

passionate about the unity and continued existence of Nigeria; hence, the various agitations springing in various quarters in the country. The Chairman for Media Committee, ONEVoice, Adedeji Adeleye, also decried the increasing crime rate in Nigeria, and remarked that, only State Police can complement Federal efforts, at curbing crime. The group recommended that,the Government should address the concerns of ethnic groups that are making legitimate political demands, but must not succumb to threats and blackmail. “The President should concede the right to explore mineral deposits to the States, and create tripartite to state joint ventures with these States", the group said. Adeleye remarked that, certain items on Exclusive Legislative List of the Federal Government guaranteed by the 1999 Constitution, must be transferred to the States. These include: Prisons, Police, Railways, Fingerprints, Identification and Criminal Records, Road Safety Corps, Drivers' Licence, Taxes on Lotteries, Sales (VAT), Toll Collections etc. ONEVoice noted that, restructuring Nigeria should not be misconstrued for dismemberment or absolute autonomy for independent regions, or absolute control over the resources, but, properly negotiated. The group observed that, there was healthy competition in the era of regional government, and expressed concern over the uneven distribution of federal allocation to states. “Why should Kebbi receive more government allocation than Rivers State?”, Adeleye asked, rhetorically. In matters of citizenship and the plight of nonindigenes in Nigeria, he commented that women must be given the opportunity to excel; get work in civil service and be able to contest for elections in their husband’s States.

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$8.8m Fraud Allegation: Why Court Struck out Charges against Deepak, Chandra Akinwale Akintunde After two years of legal intrigues, a Lagos High Court sitting in Ikeja, eventually struck out an $8.8m fraud allegation, preferred against two foreign nationals Deepak Khilnani and Sushil Chandra. The decision of the court was sequel to notice of discontinuance filed by the state Director of Public Prosecutions, DPP, Mrs Titi Shita-Bey, subsequent to a review of the case by the Lagos AG, Adeniji Kazeem. The state prosecution team, led by the then Director of Public Prosecutions, Mrs. Idowu Alakija (now a serving judge of Lagos High Court), had alleged that Deepak and Chandra sometime in 2008, defrauded a Nigerian company, Green Fuels Ltd of about $8.8m. According to court papers filed by the defence team, the dispute that prompted the trial, dates back to 2009 when one Ola Rosiji and Anil Ahluwalia who had formed a Company called Green Fuels Limited, approached Mr. Khilnani’s Company to join them in building a CNG gas distribution company. After protracted negotiations and discussions, Green Fuels was said to have entered into a contract with Mr. Khilnani’s Company Gentec Energy, a UK PLC company to build the plant, train their personnel, and provide technical management support to the business. Gentec reportedly executed its contract with Green Fuels in full, and created a very successful business in Green Fuels, where it was said that Mr. Khilnani facilitated an inward investment into Green Fuels which enabled it to grow its business, to become the leading company in its field in Nigeria. The overseas investor, Industrial Energy Africa Limited, also invested and took a 75% investment in the Company providing the necessary capital to establish and grow the business.

After the investment, she Ola Rosiji’s shares were said to be 25% with 75% being held by Industrial Energy. Mr. Ahluwalia was said to have later relinquished his shareholding in the company. Green Fuels reportedly continued to operate successfully with high profit turn over until 2012, when a management dispute led to a court action instituted by Ola Rosiji and Anil Ahluwalia before a Federal High Court, challenging the shareholding structure of the company. The duo in the suit number FHC/L/IKJ/ CS/269/2012 were asking the Court for rectification of the Register of Shareholding of GFL in such a way that would give Rosiji, 87% shareholdings in Green Fuels. The matter is presently at the Court of Appeal, Lagos. In 2014, Green Fuels under the chairmanship of Rosiji again filed another suit before the Federal High Court, Lagos claiming refund from Gentec, for an alleged over invoicing of equipment supplied in pursuance of the agreement of 2008. Green Fuels also asked for damages against Deepak, for breach of his fiduciary duty as a director in GFL. The matter according to the Briton, is also still pending before the Federal High Court, Lagos. According to the defendants, while these two matters were pending in court, a petition by Rosiji was forwarded to the Nigeria Police, Zone 2 Lagos, to investigate the allegation of over invoicing and forgery against Deepak, in respect of the supply of equipment by Gentec Energy Plc. At the commencement of the investigation, Deepak was interrogated by the Police, in relation to his involvement in the transactions that culminated to the complaint. The Police team led by ACP Onaade S. Awoniyi (now a DCP), began its investigation in 2014 and after months of examining the company’s records of Green Fuels, invited parties in the matter for Arbitration. An audit firm, KPMG was also engaged by

the Police, to look into the company’s activities. Deepak however, refused to participate in the audit exercise because of a pending ruling before the Federal High Court, Lagos in Suit No. FHC/L/IKJ/269/12, where upon the application of Green Fuels and on the objection of Deepak and Industrial Energy, solely against the nomination of KPMG for the audit. The court heard arguments and adjourned the matter for ruling, to let it determine the appropriate firm to conduct the forensic audit on Green Fuels. In deference to the pending matter and the ruling before the court, Delloitte had reportedly turned down the request by the Police, to conduct the audit execise. Consequently, an application to enforce Deepak’s fundamental human rights, was initiated at the High Court of Lagos state. While this was ongoing, the police hurriedly filed a charge before the Magistrates Court against Deepak and Chandra. However the Magistrate, Mrs. Omotosho, after seeing the information had no option but to adjourn the matter, since there was no proof that the defendants and their lawyers had been duly served with the charges. The process prompted Deepak's lawyers, Chris Okunowo & Co., to write a petition which prompted the then IGP to set up another investigative team headed by DSP Yusufu Data, and under the supervision of the Commissioner of Police in charge of SFU, Milverton, Lagos. However, in the same breath, lawyers representing Ola Rosiji petitioned the then Lagos Attorney-General, Mr. Ade Ipaye, asking that the matter before the Magistrate Court be taken over by the State Directorate of Public Prosecutions (DPP). Notwithstanding the ongoing investigation by the new team appointed by the IGP, the Lagos State Government, took over the matter and subsequently, initiated the $8.8m charges. However, after a detailed investigation, the

IGP’s investigation team issued a report dated May 4th, 2015, asking parties involved in the case, that is, Deepak, Ola Rosiji and Green Fuels Ltd officials, to pursue their civil matter which is already at the Federal High Court, Lagos. With the report, Deepak's legal team wrote to the then Attorney-General, Ade Ipaye, asking for the review of Deepak's trial insisting that the issues which erroneously led to the charges being filed in the first place, were contractual disputes which parties have already taken to the appropriate civil courts for resolution. They also pointed out to the DPP, that the allegation of filing a wrong statement at the CAC lacked any basis, on the ground that the Company Secretary of Green Fuels had alleged in its statement to the Police, admitted to filing and making all entries on behalf of the company at the CAC. Despite the observations by Deepak's legal team, the state prosecuting team continued with the trial. The court on several occasions during the trial, berated the state for shoddy prosecution. The trial judge at some point also threatened to strike out the matter due to the unserious attitude of prosecution. Believing that the new State Attorney-General, Adeniji Kazeem, would see the apparent waste of the precious time of the Court and the resources of the State, another formal request for another review of the case was forwarded to his office. The State, after a thorough review of the matter, subsequently, filed a Notice of Intention to Discontinue dated June 29, 2017. However on July 13, 2017, when the court was scheduled to give its ruling on the notice to discontinue the case, some group of lawyers led by one Ola Olayinka, protested before the court, insisting that the matter was of public interest and that the Attorney-General ought not to discontinue such matter, without giving

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Legal Personality of the Week Babatunde Lot Ogungbamila

‘A Lawyer Must Be Above Suspicion’ My name is Babatunde Lot Ogungbamila. I am a Partner, and Head of Litigation at Olisa Agbakoba Legal. I am a graduate of the University of Lagos. I was called to the Bar in May, 2002. I obtained my LLM in Petroleum Taxation and Finance from the Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP) University of Dundee, Scotland, United Kingdom. I am a member of several professional associations, and a registered capital market consultant, with the Securities and Exchange Commission. A former President of the University of Lagos Students’ Union, and former Personal Assistant and Legal Adviser to the Lagos State Commissioner of Environment, Honourable Tunji Bello. I combine top level corporate commercial practice, with Litigation and Alternative Dispute Resolution (ADR). I have published many papers in International Journals including the Oil, Gas and Energy Law Journal (OGEL) that published my masters thesis, which focused on options in increasing the bankability of project financing transit pipelines in the face of the risk of obsolescing bargain. I am married to Oluwafunmilola Ogungbamila and we have three sons. My other interests are sports, especially football. Have you had any challenges in your career as a Lawyer and if so, what were the main challenges? Law is full of challenges. I have encountered several challenges, particularly when it comes to conceptualising a strategy for a complex matter. One that readily comes to mind, is a recovery matter. A recalcitrant debtor, who was indebted to our client to the tune of N16 billion, quickly rushed to court to file a preemptive action to frustrate our client's recovery efforts. He filed numerous actions both at the Lagos State High Court and the Federal High Court

Lagos State Governor's consent, before the State can approve their building plans. The Supreme Court held that it lacked jurisdiction to entertain the matter, because the Federation had divested its interests in the land to a third party. I feel strongly that, if the Supreme Court had taken into consideration the fact that the Land Use Act only confers leasehold interest, it would not have declined jurisdiction, because the Federation was challenging Lagos State interference with its power of control and management over Federal lands within the territory of the State.

Babatunde Lot Ogungbamila

Lagos. His strategy was to get us entangled in a legal web which he deliberately created, to make recovery difficult. We discovered that a number of creditors had been held in the legal web for more than 7 years, without a way out. Yet, the debtor was gallivanting all over the world enjoying his life. I was part of the team led by Dr Olisa Agbakoba, SAN, that designed a legal strategy to escape the legal web and recover the debt. Up till today, some of the other creditors are still in court trying to extricate themselves from the legal web, 3 years after we recovered our client's funds from the debtor. What was your worst day as a Lawyer? The day the Supreme Court struck out Attorney-General of the Federation v AttorneyGeneral of Lagos State. We represented AttorneyGeneral of the Federation, who filed an action to challenge the right of Lagos State to require those assigned Federal Lands in Lagos to obtain

What has been your most memorable experience as a Lawyer? When we successfully defended and dismissed a claim of N300 Million damages, filed against our client. It was memorable because, losing the case would have impacted negatively on our professional competence. The client acted pursuant to our advice, and was subsequently, sued for the action. If the action had succeeded, that would have meant that we had advised the client wrongly. But as usual, we got it right. It was a very tense moment, listening to the Court read its judgement. Who has been most influential in your life? My father, Mr. Elipheus Itunuoluwa Ogungbamila, has been the most influential person in my life. He taught me the rudiments of life and the need to be honest in all my dealings. Professionally, Mr. Tunji Bello and Sam Ogungbamila, were also of great influence. Mr. Bello taught me politics and economics of life. Sam taught me law. Tope Adebayo taught me tenacity of purpose. Dr Olisa Agbakoba, SAN, taught me the business aspect of law, and how to maintain the delicate balance between law as a means of livelihood, and

as an instrument to help the oppressed. Why did you become a Lawyer? I became a lawyer to protect my family. It sounds funny. But I decided to study law in 1977, when I was barely 7 years old. We came back home from school one fateful day and met my mother's building in ruins. It had been demolished by Lagos State Government. The official reason for the demolition was to make room for a proposed road, but in actual fact, it was to avoid the demolition of the house of an influential person in that community. The demolition of 9 houses belonging to my uncle, Chief Zillon Aruwayoat Maroko without compensation, was another motivating factor in my choice of law as a career. What would your advice be to anyone wanting a career in law? A certificate in law, is awarded both in learning and character. Anyone wanting a career in law, must be an honest person. A lawyer, like Caesar's wife, must be above suspicion. Law is unlike Philosophy, where you question your own existence. Law has a standard. A lawyer must not lie, for he lives to give direction to his people and society. An aspiring lawyer must not only work hard, he must also work smart. If you had not become a Lawyer, what career would you have chosen? I would have opted for a career in sports, particularly football. Perhaps, a career in journalism, would also have been an option. Where do you see yourself in ten years? I would have reached the pinnacle of my career in law, in ten years. I should be on my own highest level of Maslow’s hierarchy of needs, self- actualisation, serving and giving back to the society.

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‘2017 NBA Conference Will Impact on Nigeria and Africa’ From this weekend, August 18th, to August 24th, Nigerian lawyers will converge in the city of Lagos, for the 57th edition of the Nigerian Bar Association’s Annual General Conference. The Chairman of the Conference Planning Committee, Dr. Konyin Ajayi, SAN, and his hardworking team, have pledged that the 2017 Conference, will transcend the heights achieved during past conferences. Onikepo Braithwaite and Jude Igbanoi, pulled Dr Ajayi out of his busy conferenceplanning schedule, to speak on the challenges arising from planning an 'A-Class' Conference of this scale and magnitude, where for the fist time in the Association's history, Conferees will be given tablets, fully loaded with law tools. Conferees will also enjoy the benefits of quality health services, including medical tests. Contrary to the earlier misconception, this year’s Conference, will witness 25 breakout sessions. The Reverend Gentleman, also spoke on the need for the EFCC to up its game, and why he doesn’t believe that Nigeria should disintegrate

W

hat effect, in your opinion, did the judgement of Honourable Tsoho .J. of the Federal High Court nullifying the 2015 NBA Amended Constitution, have on the leadership of the NBA? Some are saying that the leadership cannot continue to act in that capacity, and should not be responsible for convening the 2017 Conference. Tosho J. is one of the most experienced and respected judicial hands of the Federal High Court, known to be even handed in the dispensation of justice. The matter, as I understand it is sub judice, with an application before the trial Judge to set aside

his decision, and an appeal to like effect. I am thus, uncertain as to comments that the NBA should be rudderless – with no hands steering. I believe the gravamen of the action, was about non-completion of registration of the 2015 NBA Constitution at the time of the institution of the action; and certain consequential orders were made. It is public knowledge that, the mischief has been cured and registration completed. The matter is thus, otiose, and it becomes academic whether the NBA can continue to act with a leadership. Assuming that today is the morning after the decision of Tosho J. and that orders were made that a new Constitution be drawn up, the previous Constitution will be said to be the enforceable one. I am given to understand that the holding of Annual General Conference each year is at the direction of NBA’s NEC, and in the hands of a Technical Committee of

Dr. Konyin Ajayi, SAN PHOTOS: Kolawole Alli

Conference Planning. Inferentially, matters proceed without disregard of the orders of Tsoho J. The 2017 Conference is set to be a conference with a difference. How so? What is the difference between this Conference and past Conferences? What is the theme of this year's Conference? What are the highlights? The tone of voice today, is one improved by experience, circumstance and the future we face. 2017 AGC seeks not to destroy the indomitable past, but to build on it, in being brave about new ideas in making life easier for delegates, providing a different form of platform of exchange of ideas and sharing of experiences beyond the narrow compass of Chambers’ life, to that which the demands of a nation in a hurry to untrue skills critical for survival in a fast changing world, that is deconstructing our analogue foundation and placing us

on the stilts of digitisation. The necessity to nurture skills other than simply legal ones, informed the concept behind this conference – building institutions. This comes from the realisation that society holds itself, builds its walls and opens doors to opportunities and development, when it has institutions that are sustainable and scalable. We intend to transcend the heights achieved during past conferences,

by seeking to re-shape the legal practice in Nigeria; change the direction of travel of the brand of NBA; return NBA and the profession to its pride of place in the eyes of the public, and create a level playing field for all in the practice of law. To this end, we have conceived a very rich programme to be anchored by worldrenowned professionals and innovators drawn across class, race, gender, age and philosophical predisposition. The hope is

"I AM GIVEN TO UNDERSTAND THAT THE HOLDING OF ANNUAL GENERAL CONFERENCE EACH YEAR, IS AT THE DIRECTION OF NBA’S NEC, AND IN THE HANDS OF A TECHNICAL COMMITTEE OF CONFERENCE PLANNING. INFERENTIALLY, MATTERS PROCEED WITHOUT DISREGARD OF THE ORDERS OF TSOHO J."

that, unlike other conferences, the discussion this year would transcend narrow legal points, to ensure real institutional building and value-add, not just to the legal environment, but the country and continent at large. In embracing change attendant on the 4th Industrial Revolution, and pushing the boundaries placed by money and exposure on many in the legal system, we acquired, as a pilot project, with the assistance our good and great partners and sponsors, 11,000 tablets, which will contain one year’s free subscription of electronic law reports of the superior Courts in Nigeria; Laws of the Federation; Rules of Court of all courts in the Federation. There will be a psychometric test for all delegates, conducted free by Phillips Consulting and their Partners, Thomas International. But its not all about knowledge development or sharing; debates and networking with those within and outside the law. There

will be a good dose of fun, theatre, dance, a Friendship Centre of promise, a Conference MarketPlace where trade and enjoyment will be in good measure. As for “Eko for Show” the Bar will be unBARred with the line up of famous artists we have for the Wednesday pop concert. We see the big picture and hope the public does, with what will happen in the country in the next 14 days. Already, it seems that the Conference Planning Committee (CPC) is experiencing difficulties in the planning. We understand that there has been a change to a smaller venue for the Conference. Lawyers are also finding it almost impossible to complete their registration online. The online registration portal went down less than 24 hours after it was unveiled. Even after it was reopened, many Lawyers have not been able to register. Most were directed to make payment well over their year of call. Why were these glitches not taken care of on time? As the Chairman of the CPC, what steps are you taking to overcome these difficulties? The TCCP in taking care of the business of Conference planning, employed open transparent and competitive processes, and engaged the services of leading experts in the field, while leaning on Nigerian Economic Summit Group (NESG); Phillips Consulting, Airtel and the United Nations Economic Commission of Africa (UNECA). The challenges faced for me, were more from luddites than technology or otherwise. That there are glitches is a non issue, as the best in class do have glitches. In praise of our web designer and host, the initial teething problem was solved in a day. The issue was more of trying to play a digital game on an analogue platform. Mountains were being created, not even molehills, by many who simply refused to follow established and easy pattern of use of technology. The hue and cry was to make this disorderly, and for me, engaging in a fraud, by asking for registration beyond numbers that could be catered for. The air was thick with falsity, like the conference venue was reduced, when in fact it has been doubled and a remote viewing centre created at the Law School Lagos. As planned from the beginning, TCCP went out of its way to ensure that

"WE INTEND TO TRANSCEND THE HEIGHTS ACHIEVED DURING PAST CONFERENCES, BY SEEKING TO RE-SHAPE THE LEGAL PRACTICE IN NIGERIA; CHANGE THE DIRECTION OF TRAVEL OF THE BRAND OF NBA; RETURN NBA AND THE PROFESSION, TO ITS PRIDE OF PLACE IN THE EYES OF THE PUBLIC, AND CREATE A LEVEL PLAYING FIELD FOR ALL, IN THE PRACTICE OF LAW" there will be live streaming. We have also engaged partners that should result in live broadcast, not just in Nigeria, but all over Africa on two dedicated channels: DSTV and CNBC. Challenges, are an indispensable part of growth. Improvement and progress and should therefore, not be adjudged based on the presence or otherwise of challenges, but on the level of speed and dedication in responding to such challenges. The hue and cry of a tiny minority, was for me emblematic of some of the challenges the Bar faces: the attempt at its unionisation, politicisation and de-robing. The ungracious ingratitude of this tiny minority, pales to further insignificance by the outpouring of positive welcome and appreciation of the efforts of the leadership of the Bar and TCCP, to give a sense of occasion and mark in history of pushing the boundaries of learning to lead. We have a game plan and we are confident we will succeed – no doubt not as originally conceived, but by any measure, with all things being equal, nature being kind to us, an achievement CONTINUED ON PAGE 10

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‘2017 NBA CONFERENCE WILL IMPACT ON NIGERIA AND AFRICA’ CONTINUED FROM PAGE 9

"ANOTHER STEP REQUIRES US TO IMPLEMENT LAWS, IN THE SPIRIT OF THE ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015, THAT WOULD REDUCE WAYS IN WHICH CASES ARE STALLED IN THE COURTS UNNECESSARILY. THE COURTS NEED TO BE FIRM AND BRAVE, IN MY VIEW. BUT THE CHARGE REMAINS FOR EFCC TO GET ITS HOUSE IN ORDER" nonetheless. One criticism that has trailed this year’s Conference, is that it is modelled after the NBA-SBL format of conferencing. Some diehard litigation lawyers have expressed concern, that they may not have much to benefit therefrom. How can you assuage their apprehension? NBA and all agents of change, will never satisfy the cynics who live in a world of gloom. Ours is to rise and shine; to be more than conquerors in challenges that face us; and to come up with ideas that impact life. There can be no claim of plagiarism, if you copy yourself; neither can anyone take issues with a father drawing from his well trained and successful child. SBL has made us all proud. The first body to bring the IBA President, and foreign law firms to Bar Conferences. It caters for Solicitors, as it does for Barristers. It has had many discussions on advocacy at different levels, and from different angles. So SBL is one to admire and borrow from. That said, 2017 AGC is about social infrastructure – and more relevant to the Barristers than to Solicitors. The concept and planning of the conference, was organised in line with the vision of the current bar leadership, and the fine detail was aimed at providing a face- changing world class forum, fully digitised, which would stimulate conversations and networks that will leave a legacy for our continent and society at large – thus, the underpinning goal is about legacy and value add, a goal which appeals to the commercial in Lagos, as much as it appeals to the “die-hard litigation lawyer” in Enugu or Sokoto. This is about finding your market. It is about 360 you. It is about the firm and its brand. It is about succession planning and talent management. It is about survival in a world with emerging legal practice, that will wipe out anyone who decides to die-hard. Earlier information was that duly registered conferees would be entitled to a tablet with fully loaded LawPavillion Electronic Law Report applications. Lawyers still do not know the brand of tablets they will be getting, and now Lawyers have heard that LawPavillion has opted out of the arrangement. Is this true? What then, should conferees be looking forward to, as promised by the Technical Committee of the CPC? Many feel shortchanged. In line with the direction the world has gone, we are still, as promised, providing work-enabled tablets fully loaded with bespoke and first class law reporting services, containing materials on decisions of superior courts in Nigeria, tribunals, sharia courts, as well as foreign research materials and judicial precedents. Our goal was to partner with a platform, that would give us the best suite of material to assist the Nigerian lawyer. The selection of the electronic law-reporting partners of the NBA AGC this year was, as with everything else, based on the results of

a transparent competitive bid process. A beauty parade of all intending to offer this service to the NBA was conducted, and the winners were chosen based on the robustness of the service on offer, and the generosity of the service provider to the NBA, and the Nigerian lawyer. We thus, partnered with Legalpedia Nigeria Limited, who of all bidders, offered the most extensive bouquet of legal resources in the market, including one year free subscription to decisions of superior courts of record in Nigeria, tribunals, sharia courts, as well as foreign research materials and judicial precedents. We also have on board, Law Breed Limited who provide the only precise representation of our apex courts decisions. In addition, we have also partnered, for the commercially inclined in the Bar, with the Commercial Law Report of Nigeria, thus ensuring that we cover the field, in delivering the best value add to all delegates. Tablets are being delivered as I speak. The original plan to get one form of tablet did not work, as manufacturers could not deliver before the eve of conference. TCCP thus, with the continued help of Airtel went back to a competitive process of sourcing tablets that could be procured in time for delivery before conference deliberations. The market is not as deep as imagined, but providence smiled on the Bar and in hands of delegates will be outstanding brands. Lagos has always posed a logistics nightmare when it comes to conferences. Now, in the middle of inclement August weather, it rains cats and dogs on a daily basis, coupled with traffic gridlock in the Victoria Island-Lekki axis. What mechanism is in place, to ensure that conferees will not be arriving at the Conference venue late? We are partnering with the Lagos State Government in the delivery of this year’s conference, who will be providing dedicated Lagos State Transport Management Authority (LASTMA) officials along the course to and from the venue, in order to ensure free flow of traffic. There are also dedicated parking spots in areas that would ensure that the venue is not congested, and state of the art free buses to convey attendees to and from their car parks. We have made arrangements to park and ride (in air conditioned buses), and I enjoin all delegates to make use of this facility, and avoid driving to the two venues we have: the Remote Viewing Centre at the Nigerian Law School, and at also along Water Corporation Drive, Oniru. With prayers for success of the

Conference capped with services at Lagos Central Mosque on Friday the 18th and Christ Church Cathedral on the 20th , I am sure the heavens will have pity, the sun will shine to give us light, and there will be showers blessing. What informed the decision not to have breakout sessions at this year’s Conference? Even at the International Bar Association Conferences, there are breakout sessions. This is one of the more interesting misconceptions about the Conference. There was never a time, in the planning of this Conference, when the TCCP considered the idea of dispensing with breakout sessions. We have over 25 (twenty five) breakout sessions at the Conference, which all have implications on, and revolve around, the central theme of African businesses and institution building. Some of the breakout sessions are (I) Military Business, the focus of which is the civilian use of military inventions in business activities; (ii) The Business of Cyber Law, the focus of which is the internet as a tool for globalisation; and (iii)

Managing Client Expectations, which will involve discussions on various strategies law firms can adopt to remain relevant to their clients. Each day has four breakout sessions, with competent and accomplished session chairs, moderating each and every one of them. Many Lawyers have complained that they have never missed any AGC in the past 15 or 20 years, and now they have been shut out of this year’s Conference, due to their inability to register, through no fault of theirs. How will the NBA ensure that they get their CLE points this year? Would it not amount to unwarranted punishment, if they miss out on their CLE points? No one willing to register, has been shut out. Its all part of the campaign of calumny by a few. Who builds without counting the cost? Who sets out without a plan? We have nurtured resilience in executing our plans and thus, provided for all who have come to our nest. Grant of CLE points is not part of the mandate of TCCP. NBA however, will be issuing CLE E-Certificates. Let us not forget that more have claimed that they have attended conferences in the past, only in theory. This year attendance will be real – God willing. Let me add that, there are over 100,000 lawyers in Nigeria. Going by a recent Court of Appeal decision, all these lawyers are members of the Nigerian Bar Association. Even Lagos, Nigeria’s mega-city and the country’s major industrial area, has no event centre, which can conveniently sit 6,000 people in conference style. The undeniable truth therefore, is that it is practically impossible for even a tenth of all the lawyers in Nigeria, to physically attend any conference in Lagos. In view of this limitation of infrastructure and resources, the approach taken by the TCCP this year, has been to ensure that only the number of delegates, which can be realistically catered for, is registered. To do otherwise would be to defraud people by allowing them register and then failing to cater for them appropriately. If an aircraft is full, it is full. Overloading it, can only result in one outcome. Notwithstanding these limitations, the TCCP this year, in a bid to strike a balance, has come up with some arrangements, to extend the Conference experience and benefits to as many as possible. These include creating a window of registration for delegates, who though unable to attend physically, can get all conference materials including the electronic tablets and conference brochures, partnering with MultiChoice Nigeria, CNBC and Channels to secure live coverage of the Conference, live streaming of the conference, remoteCONTINUED ON PAGE 11

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‘2017 NBA CONFERENCE WILL IMPACT ON NIGERIA AND AFRICA’ CONTINUED FROM PAGE 10 viewing centres, etc. It would therefore, be incorrect to say that any person has been shut out of this year’s Conference, or that the Conference has been organised only for the elite. How is the CPC planning to make the attendance of this year's Conference affordable for young Lawyers? For one, the Conference will last about a week, and accommodation and feeding in Lagos certainly do not come cheap. What benefits will the young Lawyers derive, having struggled to attend the Conference with their meagre resources? First notion to dispel, is that there is an obligation to one class as against another, in the NBA. The body must represent and cater for all its members. Second, it must be underscored that there are many lawyers that are not young, that are terribly disadvantaged – by a host of factors. The North East in particular, has many lawyers displaced by insurgency. We have lawyers in other areas, affected by the recession. They must count, and their success is also of concern to TCCP. To this end, arrangements have been made to sponsor disabled, disadvantaged and young lawyers to the Conference. Many have made this possible, including UNECA and StanbicIBTC. TCCP has also arranged with Arik to fly delegates, both old and young, from all over the country at highly subsidised rates N38,000 round trip! As one who has successfully handled EFCC cases in the past, what do you think is responsible for the losing streak which the EFCC Counsel currently seem to be on, in their prosecution of high profile cases? There is a lot of thinking that needs to go into our institutions, to ensure that there are appropriate procedures that guide the collection of evidence and the prosecution of cases. We cannot point to one particular issue and as such, a 360-degree revamp should be considered – including a reform of our courtroom processes. However, as a first step, it would help if there were better means of collecting evidence, and ensuring that it is relevant and would secure the required convictions. Another step requires us to implement laws, in the spirit of the Administration of Criminal Justice Act, 2015 that would reduce ways in which cases are stalled in the courts, unnecessarily. The courts need to be firm and brave in my view. But the charge remains for EFCC to get its house in order. Trial by media has done little good, as it seems to me to detract from the painstaking work of detailed gathering of evidence – as evidenced by what prosecutors did with the case against Diezani in the US. There is no short cut to this. The evidence just needs to stack up. I am sure EFCC will be well advised, to approach some of our leading criminal lawyers to take up prosecution. EFCC may want to consider reliance on forensic professionals in the country, to help in piecing together the puzzle created by criminal minds. Some people believe that corruption and poverty are really the basis for the present separatist agitation in Nigeria. That maybe if the country were in a better place, there would not be such cries. Do you agree? Or do you believe that the cries are justified? Mediocrity seems to me, to be the aetiology no one speaks of these days. We run the risk at all levels, that the survivor will be the mediocre. The truth of life is that, it is the fittest that survives. What seems to thrive is mediocrity, incapacity and opacity – all which manifest in unbridled corruption, which continues to impoverish us in all things and in all ways. It is a war getting things done properly, and it is a lot easier to depart from due process and achieve the short term goal of personal gain. There is so much, which we have in talent and opportunity. The diversity of the country, should be a source of opportunity, but some of us use it as a fishing rod of disunity. At the end of the day, we are all made of the same cloth – all being human beings from the same source. Agitations are no more than expressions of frustration, and as long as mediocrity continues to multiply like a raving virus, we will continue to be confronted by this

crisis of confidence. It seems the noises have abated, and I am unsure this last round was not politically motivated and partly created by government, which by its obduracy created big men from nowhere. Statistics show, that over 112 Million Nigerians, live below the poverty line, and this explains the belief in some quarters that a separate “Country” with new people, processes and procedures at the helm of affairs, will solve the problem. I think not. The existence of a state, is premised on the philosophy that its people will receive equal economic dividend from its fortunes, and be treated with dignity by its elected representatives. Where this fundamental tenet is relegated to the background, a circumstance such as those in which we find ourselves, as a nation would be the invariable result. I think we are being overtaxed in every sense of the term, and government runs the risk of disobedience it cannot contain, if it continues to lay heavy yoke on the people, without building for them institutions that last and make delivery of goods and services, easy and unavailable for corrupt practices. It is problematic to pontificate about the cries of others whether justified or not, when one has not walked in their shoes. The point is that, there should not be a flippant disregard of the cries of separatists, instead, there should be honest engagement, in order to understand their dissatisfaction and also plot on the best means to ease it, without the extreme route of separation. When we propose solutions without understanding the root, then we

are bound to make policy mistakes that would not be the best for the country. Which camp do you belong to? The Separatist or the Restructuring or the Nigeria is fine as it is? Do you believe that the Centre is too strong? I think there is a need to have an honest discussion, based on an assessment of the federal system we have run so far, and address the missteps that have been made, and formulate policies to create a more perfect union. Without doubt, the centre is a child of command and control – a hang over from inebriation with military in politics. It is common ground amongst leading experts, that federalism is a good system of government that will work well for us. The centre grabbed the powers of its federations units, and today, the legislature is engaged in a massive land grab of powers stolen by the Executive from the States. The time to talk at a constituent assembly of the people, has thus arisen, and the tokenism at constitutional amendment, is obviously self serving. I am an apostle of peace and disciple of reconciliation – and thus, cannot subscribe to separation. Rather, I think we need, as technology has done for us, disrupt the status quo with ideas that sell a future we all need. Some believe that the 1963 Constitution is the ideal Constitution for Nigeria. Do you agree? Although the 1999 constitution has been criticised, the 1963 constitution was modelled for a particular time in Nigeria’s history. But is is a damn good

"I AM AN APOSTLE OF PEACE AND DISCIPLE OF RECONCILIATION – AND THUS, CANNOT SUBSCRIBE TO SEPARATION. RATHER I THINK WE NEED, AS TECHNOLOGY HAS DONE FOR US, DISRUPT THE STATUS QUO WITH IDEAS THAT SELL A FUTURE WE ALL NEED" document. It worked, and the nation and its regions flourished. There were a few challenges, and rather than be allowed to ride the storm and learn, we welcomed military incursion in politics. The rest is history. It is never advisable to go to the past, when the world is moving to the future. I think the ideal constitution for Nigeria, is one that takes into consideration all the mistakes of our past constitutions, and frames a model that also caters for the challenges we currently face as a country, and we are likely to face in the future. In all, the need for clarity cannot be overstressed.

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15.08.2017

Attention My Lords This interesting and somewhat humorous article by Bob James, discusses not just slips of Advocates, but what he describes as a more insidious problem, the failings of the Judiciary, which he believes have culminated in the decline of adjudication in our legal system

T

Slips of Modern Day Advocates here has been much talk in recent years about the alarming rate of the decline in the quality of advocacy in Nigeria and, sadly, not without justification. You need only to pick up a few law reports and see proof for yourself. One of the irritating and common examples of this decline is seen in the way grounds of appeal are couched. Very often you come across someone writing: “The learned trial Court erred in law in holding that.............”, or even more stupid, “the learned court of Appeal erred in law in holding that”...................... A building cannot be learned, it is the personnel who man the courts who are, so the correct thing is to say is “The learned trial judge”, for the High Court or “learned Justices of the Court of Appeal”, or “their lordships of the Court of Appeal”. Very often in oral argument in court, you hear a lawyer address a judge saying, “You gave an order on so and so date, “or you adjourned the case to today for hearing”, etc. The complaint here is that that is illiterate expression. The use of the pronouns “you”, “he”, “she”, “they” in reference to Judicial officers, even in writing, is offensive and more offensive when used during court proceedings, “Your Lordship’’, “Their Lordships’’, etc are the accepted conventions. Declining Quality of Our Legal System In a lecture delivered at the 1990 edition of a continuing education forum for judicial officers, the legendary Justice Chukwudifu Oputa of blessed Memory stated: “It has been said that no one can calculate the aggregate amount of evil inflicted on the community by a bad decision”, and then quoted the famous Roman Jurist, Justinian who said: “Ignorantia judex est calamites innocetis – “ignorance of the judge is the doom of the innocent”. The matter is now such a big problem, that the concerned judicial authorities must address it squarely. Too many bad judgements, which reflect terribly on the learning and intellect of the judicial officers, emanate from the courts every day. It is terrible, if you cannot walk into a court and take it for granted that the judge is reasonably competent, and knows at least the ABC of the law. Judicial Examples

Chief Justice of Nigeria, Hon. Justice Walter Onnoghen

Two recent judgements of the Supreme Court of Nigeria, bring into sharp focus the problem being discussed here. The first is HASSAN v FRN (2017)6 NWLR, pt 1560, pg 64. The appellant in that case and 14 others, were charged before the Federal High Court for the offence of terrorism under Section 15 of the EFCC Act, found guilty and sentenced to 10 years imprisonment. Their conviction was affirmed by the Court of Appeal, and on further appeal to the Supreme Court, the conviction was set aside and the trial declared a nullity. The conviction was nullified for the sole reason that the arraignment in the trial court, was not in compliance with the procedure for arraignment as stipulated in Section 215

""IT HAS BEEN SAID THAT NO ONE CAN CALCULATE THE AGGREGATE AMOUNT OF EVIL INFLICTED ON THE COMMUNITY BY A BAD DECISION”, AND THEN QUOTED THE FAMOUS ROMAN JURIST, JUSTINIAN WHO SAID: “IGNORANTIA JUDEX EST CALAMITES INNOCETIS – “IGNORANCE OF THE JUDGE IS THE DOOM OF THE INNOCENT""

of the Criminal Procedure Act. The Supreme Court stated: “The frequency of appeals to this Court, in recent times, on the improper arraignment of defendants before trial Courts should be a cause of concern to the relevant authorities. This is somewhat surprising, since the jurisprudence on arraignment is, truly, robust. Against the background of what transpired at the trial Court, as regrettably affirmed by the lower Court, I am constrained to reel off some of these decisions for the umpteenth time, in the hope that this embarrassing development should abate”. Per Nweze, JSC at pg 84. Arraignments are the first stage in a criminal trial, and consist of that part of proceedings where the charge or charges, as the case may be, against the accused, is read to him and then he is asked whether or not he is guilty. Section 215 of the Criminal Procedure Act and Section 187 (1) of the Criminal Procedure Code spell out in black and white, what must be done by a trial court during arraignment. 1st step: The accused person is called to enter the dock, and must be unfettered; unless the court has reason to allow him to be otherwise restrained whilst in the dock. Step II: The charge, or if there is more than one count in the charge, all the counts must be read and explained to the accused, in the language he understands and by an officer of the court.

The court must be satisfied that the accused person understands what was read to him, and the usual way of doing this is for the court official, after reading each count to ask the accused directly: “Do you understand the charge or do you understand what I have just read to you?” If the accused does not understand English language, an interpreter must be provided by the court, to explain the charge in the language of the accused. Step III: Immediately after each count of the charge is read and explained to the accused and he says he understands it, he must be asked whether the charge is true or false, or to use the old familiar phraseology, “are you guilty or not guilty”? And his answer to that count, must be recorded by the judge before the next count is read, explained, and the same question of guilty or not is repeated for the new count, and so on and so forth. This process must be repeated for all the counts, separately, even if they are 100. If there are two or more accused persons, the procedure must be repeated for each accused person in respect of every count in which he is charged, and his plea to each count separately recorded, as well as the fact that the count was read, explained to him to the satisfaction of the court and he said he understood same. You should feel as angry as Justice Nweze, if in performing a procedure as elementary as the steps enumerated above, even a junior magistrate should blunder, let alone a High court judge. It is simply intolerable that in this modern world, an appeal should get to the Supreme Court and be thrown out on something as elementary as proper arraignment. A Senior Magistrate who cannot handle proper arraignment, should just be demoted and never smell the rank of Chief Magistrate. For a High Court Judge, he should just be sacked or redeployed to the Ministry of Agriculture. The second case to be highlighted is OGBU v THE STATE (2017)8 NWLR pt 1567, pg 236. The unfortunate facts were that a very young boy of 16 years was standing in front of a carpenter’s workshop in Makurdi when another youth, without any provocation whatsoever, just set upon him with “ferocious” blows. In self defence, he picked up a knife which was lying nearby, and stabbed the aggressor in the chest. That was the only way he could free himself. Unfortunately, the attacker died within a few hours in the hospital. The boy was arrested, and charged for murder in the High Court in Makurdi. The trial judge from the evidence before him, determined that the plea of self defence, called right of private defence in the Penal Code under which the boy was tried, was established by the defence, in other words, that in attacking the aggressor with the knife in the circumstances of that case, he acted in self defence. Now, the first thing you learn in your undergraduate criminal law class before you even get to the law school, is that the major difference between the defences of provocation and self defence is that provocation, if proved, reduces the offence of murder to manslaughter, whereas self- defence, if proved, exonerCONTINUED ON PAGE 13

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ATTENTION MY LORDS CONTINUED FROM PAGE 12

Cross section of Supreme Court Justices

ates the accused out rightly. Section 59 of the penal code in plain and emphatic language enacts that “Nothing is an offence which is done in the lawful exercise of the right of private defence”. This is the settled law, under both the penal code and criminal code, as laid down by the Supreme Court in countless cases, some dating back to over 40 years. Surprisingly, the High Court Judge in the Ogbu case aforementioned, in spite of his finding that the boy acted in selfdefence, still sentenced him to 10 years in prison without option of fine. The case went on appeal to the Court of Appeal, Makurdi Division, and, wonder of wonders, a 3 man panel of Appeal Court Justices, after upholding the finding that the accused acted in self defence, upheld the conviction and sentence of 10 years imprisonment. It was in a further appeal to the Supreme Court, that the decision of the two lower courts were reversed, and the Apex court stated the law: “The correct position is that self-defence is a complete defence under the criminal code and penal code, and a successful defence of self-defence leads to the discharge and acquittal of the accused” per Augie, JSC, at pg 265-266. The Supreme Court said the conviction of the accused by the trial court, was “inconceivable and absurd”. Pg 271. For the Court of Appeal, to have affirmed that the defence of self defence, did avail the defendant and still proceeding to affirm his conviction amounted to a “judicial somersault of great proportion” per Galinje, JSC at pg 280. The boy had spent close to 10 years in prison before the Supreme Court freed him. So 10 years of his life, in his prime, was wasted as a result of ignorance of basic law from judges. This is apart from the resources and time, that were wasted on prosecuting appeals that were absolutely avoidable. So, the Roman Jurist, Justinian was right “Ignorantia judex est calamites innocetis – “ignorance of the judge is the doom of the innocent”. Arraignment This year alone, a number of convictions have been quashed by the Supreme

Court, on grounds of matters as mundane and elementary as arraignment. Appeals still get to the Supreme Court, on matters as elementary as the law that governs admissibility of documents. Every day, in trial courts in the country, trial judges give rulings that frustrate prosecutions. A common example arises, when an IPO seeks to tender the statement made by an accused person during interrogation. In some cases, the particular officer who recorded the statement, may have retired from service, or transferred to another state, etc. The correct law is that any police officer who was part of the investigating team, who was present when the statement was recorded, and who is familiar with the signature and handwriting of the officer who recorded it, can tender it, after laying foundation. There are still instances, when trial courts wrongly uphold objections to the admissibly of such documents, resulting, where the document is a confessional statement and the key plank of the prosecutor’s case, in total abortion of the trial or a time consuming and useless appeal on the matter. Extension of Time This writer is involved in a case in the High Court of FCT, where the defendant failed to file his statement of defence within time. Defence counsel brought an application for extension of time to file statement of defence and in the affidavit in support, this is all that is stated: “(1) That I am a litigation secretary in the office of MB & Co, the counsel to the Applicant and by virtue of my position I am conversant with the fact of this case. (2) That I have the authority and approval of both my employer and the applicant to depose to this affidavit. (3) That I was informed by Barr. A.B.C........... a legal practitioner under the employment of MB & Co, counsel to the defendant in this matter at our office at plot 510, Wuse Zone 1, Abuja at about 1:00pm of the following facts, of which I verily believe to be true as follows: a. That the Defendant/Applicants are yet to file and serve their statement of Defence and witness statement on Oath

(the processes) in this suit. b. That the Defendant /Applicant is out of time to file and serve the processes. C. That the leave of this Honourable court is required to file and serve the processes. d. That the processes are ready and have been filed and served along with this application on all parties. e. That the Plaintiff/Respondents will not suffer any prejudice if this application is granted. f. That it will be in the interest of justice to grant this application. (4) That I depose to this affidavit consciously believing its contents to be true and in accordance with Oath Act. It is only in a loose and lay man sense, that such worthless paper can be called an affidavit. It is true that a trial court will normally grant applications made in good faith, for extension of time to file pleadings, or indeed, to take any other step in the trial process, because, the courts exist to do justice, and not to punish litigants for mistakes made by them in the course of trial. However, it is also firmly established that, a court NEVER grants such indulgence as a matter of course; an applicant who applies for it, must give good and cogent reasons for failing to have performed the act within time. To grant such an application on the basis of the “affidavit” deposed to above, is purely to encourage tardiness in advocacy and render the rules of court nugatory. You can, if you are an over liberal judge, grant the indulgence for very poor reasons, or even for no reason at all, because of the over used clichés that you don’t punish litigants for the sin of counsel, or that courts now lean in favour of substantial justice and not technicalities. Then at least, award costs and make the parties sit up. The judge in that case, admitted the affidavit and over ruled our opposition. How can that be excused? It is settled law that, for all professionals, a reasonable degree of skill is expected in the discharge of professional duties, and any act of omission or com-

$8.8M FRAUD ALLEGATION: WHY COURT STRUCK OUT CHARGES CONTINUED FROM PAGE 6 any reason to the court. Olayinka argued that since the police and the DPP had investigated the matter, and concluded that the defendants have case to answer, it is surprising that the AG chose to discontinue with the case, without giving reasons. Responding to the lawyers' argument, the prosecution team led by Akin George, informed the court that the state had filed a notice of discontinuance dated June 29, 2017, after reviewing the charges against the defendants. He stated that after a thorough review of the case, the Attorney- General is of the view

that, there was no concrete evidence to secure the conviction of the defendants. Following the submission of the state prosecuting lawyer, counsel to the defendants, George Oguntade, SAN, asked the court to strike out the charges against his clients. Oguntade also urged the court to strike out an earlier arrest warrant issued against his clients. In a short ruling, Justice Ipaye held that the statutory powers to initiate and discontinue a criminal proceeding in Lagos State, lies with the Attorney General.

"The state represented by the AttorneyGeneral, has the absolute powers to initiate and discontinue a criminal proceeding. It is not for this court to mitigate or investigate the exercise of this legitimate powers. I see no reason why this charge should not be struck out. This charge is hereby struck out". The judge also struck out the warrant it had earlier issued for the arrest of the two defendants. "An order of arrest made by this court for the arrest of the defendants, dated April 3, 2017, is hereby vacated. This matter is adjourned sine die", she held.

"YOU CAN, IF YOU ARE AN OVER LIBERAL JUDGE, GRANT THE INDULGENCE FOR VERY POOR REASONS, OR EVEN FOR NO REASON AT ALL, BECAUSE OF THE OVER USED CLICHÉS THAT YOU DON’T PUNISH LITIGANTS FOR THE SIN OF COUNSEL, OR THAT COURTS NOW LEAN IN FAVOUR OF SUBSTANTIAL JUSTICE AND NOT TECHNICALITIES. THEN AT LEAST, AWARD COSTS, AND MAKE THE PARTIES SIT UP"

mission which falls far below acceptable standards of competence, attracts sanctions. Why Should this not Apply to Judges? The Court of Appeal, recently had opportunity to punish a Magistrate for an act which was either a deliberate defiance of the law, or grave ignorance. That was in the case of BAUCHI STATE JUDICIAL SERVICE COMMITTEE v DANJUMA (2017)7 NWLR Pt 1565, p9 432. In that case, a Magistrate in Bauchi, in apparent disregard to the clear provision of the law, convicted and sentenced an accused person before him, to a term of imprisonment not provided for in the law under which he was charged, and with an option of fine equally not provided in the law. Now by section 13 of the Trafficking in Persons (Prohibition) Act, it is an offence to procure a person below the age of 18 to have “unlawful carnal knowledge” with any other person, and whoever does so, commits an offence punishable by 10 years imprisonment. Now if a judge upon conviction of a person charged under that law decides to jail the accused for 20 years, it is either he has not read that law (ignorance), or read it and just doesn’t bother about law (recklessness). Why should he not be removed for either offence? Unfortunately the Court of Appeal, dismissing the appeal of Bauchi State Judicial Service Committee, held that the Magistrate’s offence did not amount to misconduct, since there is always room for appeal against wrong judgements, and thus set aside his dismissal. It is submitted with due respect, that the Court of Appeal was wrong. It is not too much, to expect judges to pay attention to the fine points of the law, in the administration of justice. Bob James Esq.,Legal Practitioner, Abuja

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15.08.2017

INSIGHT ABUBAKAR D. SANI

xL4sure@yahoo.com

Combating Corruption: Is Osinbajo’s Panel a Paper Tiger?

I

Introduction n an apparent change in the Government’s anti-corruption strategy, the Acting President, Professor Yemi Osinbajo, SAN, recently constituted a Special Investigation Panel for the Recovery of Public Property. He did so, purportedly pursuant to the Recovery of Public Property (Special Provisions) Act Cap. R. 4, LFN 2010. I believe that, given distinct similarities between this law and certain provisions of the 1999 Constitution on one hand, and between the law and the EFCC Act and the ICPC Act on the other, the proper authorities for discharging the functions of the Panel are the Code of Conduct Bureau, the EFCC and/or the ICPC. In other words, the enabling law which purportedly justifies the constitution of the Panel, is ultra vires the National Assembly. The following are my reasons. But, first, a brief overview of the Act. The Legal Construct of the Recovery of Public Property Act The long title of the Act reads: “An Act to make provisions for the investigation of assets of any public officer who is alleged to have been engaged in corrupt practices, unjust enrichment of himself or any other person who has abused his office or has in any way breached the Code of Conduct for Public Officers contained in the Constitution of the Federal Republic of Nigeria.” In terms of scope, a more detailed outline of the Act is contained in Sections 1, 2, 3(1),(3) and 11(1) thereof, which provide thus: - Section 1(1)(a) empowers the President to constitute a panel to investigate the assets of any public officer who is suspected of corruptly enriching himself or any other person or has in any other way violated the Code of Conduct; - Section 1(2) provides that any such public officer who is convicted shall forfeit property connected with the commission of the of the offence to the Federal Government - Section 3(1)(a) provides that the panel may require a Public Officer to fill and return a form for declaration of his assets - Section 1(4) defines a ‘public officer’ as any person who holds or has held any of the offices specified in Part II of the Fifth Schedule of the 1999 Constitution at any time after 30th September 1979 - Section 3(3) provides that any public officer who fails to declare his assets or makes a declaration which he knows to be false shall be guilty of an offence and liable on conviction to imprisonment for five years without the option of a fine as well as forfeiting any undeclared assets to the Federal Government. - Section 11(1) defines “Code of Conduct” as the Code of Conduct for Public Officers contained in Part 1 of the Fifth Schedule to the Constitution From the ipssisima verba of the Act, it is clear that its object is to tackle official corruption, as well as economic/financial crimes allegedly committed by both public and nonpublic officers - with a clear emphasis

Acting President, Professor Yemi Osinbajo, SAN

on the former. With regard to official corruption, I believe that the provisions of Paragraphs 1 - 3 of Part 1 of the Third Schedule and Paragraphs 11, 12 & 15 of Part 1 of the Fifth Schedule of the Constitution completely displace those of the Act. The former empowers the Code of Conduct Bureau (which is established by Section 153(1)(a) of the Constitution), to: “Receive and examine declarations by public officers made under the Fifth Schedule to this Constitution in accordance with the requirements of the Code of Conduct or any law; “Receive and investigate complaints about non-compliance with or breach of the provisions of the Code of Conduct, and, where appropriate, refer such matters to the Code of Conduct Tribunal” The latter, specifically Paragraph 12 of the Code of Conduct in Part 1 of the Fifth Schedule to the Constitution, provides that an allegation that a public officer has committed a breach of the Code shall be made to the Code of Conduct Bureau. Paragraph 11 thereof enjoins public officers to declare their assets periodically; any declaration that is found to be false, shall be a breach of the Code. Paragraph 15 establishes the Code of Conduct Tribunal referenced in Paragraph 3(e) of Part 1 of the Third Schedule to the Constitution. Similar provisions in the 1979 Constitution, were interpreted by the Supreme Court and the Court of Appeal in OKOYA v SANTILI (1994) NWLR pt. 338 pg. 256 @ 323 and EPEROKUN v UNILAG (1986) 4 NWLR pt. 34 pg. 162 @ 184, respectively. In the former, the court held that “any allegation that a public officer has committed a breach of the Code shall be made to the Code of Conduct Bureau. The Tribunal would impose a punishment if it finds a public officer guilty of contravention of any of the provisions of the Code . . . Only the Code of Conduct Tribunal and not the regular Courts can declare

the action of (a public officer) a breach of the provisions of the Code of Conduct.” These decisions make it clear that the affected provisions of the Act are invalid. The reason, is simply that the Constitution has covered the field: ISHOLA v AJIBOYE (1994) 6 NWLR pt. 352 pg. 506 @ 573D Non-Public Officers Under the Act From the provisions of Section 2 of the Act, it appears to be almost limitless in scope, as they expressly provide that it applies “to any other person to the same extent as it applies to a public officer”, and further, to “any person who engages in any manner whatsoever in any form of corrupt practice or corruptly enriches himself or any other person (whether a public officer or not) or has engaged in any unlawful activity in any form whatsoever, including banking or other business.” Section 3(5) empowers the Panel to apply the provisions of the Act to a person who, though not a public officer, is related to or connected with a public officer whose assets appear to be “far in excess of any income from his known

"SUFFICE IT TO SAY THAT, GIVEN THE SIMILARITY OF FUNCTIONS BETWEEN THE PANEL, THE CODE OF CONDUCT BUREAU, THE EFCC AND THE ICPC, BOTH THE PANEL AND ITS ENABLING STATUTE, ARE NOT JUST SUPERFLUOUS AND OTIOSE, THEY ARE SIMPLY INVALID"

or ostensible means of livelihood.” I believe that a close analysis of these sweeping provisions vis-a-vis relevant statutes such as the EFCC Act, the ICPC Act, the Money Laundering Act, the Advance Fee Fraud Act, the Anti-Terrorism Act, etc, reveals that, rather than being enablers to the Panel, they actually limit its scope. This is because, to the extent that these and other statutes make specific provisions for investigating and prosecuting distinct criminal offences, they derogate from the powers conferred on the Panel under the Recovery of Public Property Act. The raison d’etre is the trite principle of statutory construction, that special things derogate from general things. Accordingly, in my view, in respect of those offences, the powers of the Panel are ousted. See INDEPENDENT TELEVISION & RADIO v EDO STATE BOARD OF INTERNAL REVENUE (2014) All FWLR pt. 759 pg. 1144 @ 1167G. I believe that, this view is supported by Section 6(c) of the EFCC Act, which unequivocally charges the EFCC with “the co-ordination and enforcement of all economic and financial crimes laws and enforcement functions conferred on any other person or authority”. The implication of this is that, at least in relation to economic and financial crimes, the Panel is precluded from exercising the powers conferred on it by the Recovery of Public Property Act. This is unfortunate, as those species of crimes are evidently the focus of the Act. Conclusion The distinct overlap between the powers of the EFCC and those of the Panel over economic/financial crimes on one hand, and those of the Code of Conduct Bureau and the Panel in respect of the Code of Conduct for Public Officers, is the result of the glaring inconsistencies between the aforesaid enabling provisions of the Panel, the EFCC and the Code of Conduct Bureau and Tribunal under the 1999 Constitution. I believe that, the solution is clear enough. The Constitution is supreme. Accordingly, its provisions prevail over those of the Act, in respect of alleged contraventions of the Code of Conduct by public officers. As for economic/financial crimes, corruption and “any unlawful activity in any form whatsoever” (to use the words of Section 2 of the Act), in my view, whether the Panel may validly investigate them or not, depends on the existence or otherwise of any other statute(s) which deal(s) specifically with those offences. With regard to economic and financial crimes, the EFCC Act is clear, that the EFCC enjoys a near monopoly in terms of their investigation and prosecution; the fact that it is latter in time, puts it beyond peradventure: F.R.N v OSAHON (2006) 6 SCNJ 348. Suffice it to say that, given the similarity of functions between the Panel, the Code of Conduct Bureau, the EFCC and the ICPC, both the Panel and its enabling statute, are not just superfluous and otiose, they are simply invalid. Accordingly, in the light of the anomalies in its legal construct highlighted herein, the Panel ought to be quietly disbanded in the interest of the rule of law.

15.08.2017

THE LIGHTER SIDE/15

LEGAL HUMOUR This Lawyer Is Thorough... The attorney tells the accused, “I have some good news and some bad news.” “What’s the bad news?” asks the accused. “The bad news is, your blood is all over the crime scene, and the DNA tests prove you did it.” “What’s the good news?” “Your cholesterol is 130.” ˾˾˾

We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com Dear Counsel, A distant relation of mine was arrested on March 7, 2017 at about 10.00p.m. He was taken to the Police Station. On the following day, a case of abduction and murder, was made against him. He was accused of abducting a girl. Actually, the said girl, was his girl friend, who lived with him for three years. Last year, she fell sick and her boyfriend did not abandon her, as he ensured she received adequate medical attention. We have proof of this in the medical report. Her father in the village, requested for her to be brought home for treatment with traditional medicine. He felt that her sickness was such that orthodox medicine could not address it, and that it had to do with the deity which their forefathers used to worship which he, the father, refused to worship, as he claimed to be a Christian. She travelled home by herself, as requested by her father. Later, we got to know that she had died. Her maternal relations here in Lagos, reported the case to the police, and alleged abduction and murder against the young man. They did not make any report of a missing person to the police, and did not report abduction in the three years that the couple lived together. If they did, why didn’t the police arrest the young man before her death? As if this was not enough, they went as far as requesting that the young man marry the corpse with over One Million Naira, which the poor boy does not have. The question is, was the boy responsible for the girl’s death? Are they right in their action? What does the law say? Effiong Udofia, Lagos.

Dear Mr. Udofia, What you need to do first in this situation, is to brief a Lawyer to handle this case. He must apply for bail for your relation, and if the police refuse to grant bail, he must make a bail application to court. Now, the issue of what killed the girl can only be determined through police investigation, which of course, would include an autopsy, accompanied by a report by a Pathologist. It is only after this, that the accused can be properly arraigned on the advice of the Director of Public Prosecutions, in the office of the Attorney-General. After all these conditions are met, the case can then be tried by a Judge, who would make the necessary pronouncements after hearing evidence and arguments from the Lawyers. Your relation cannot therefore, be adjudged guilty outside of this procedure. On the issue of adduction, to some extent the age of the girl would determine the liability of your relation. If she was below the age of 16, the boy would have a case to answer, even if she lived with him out of her own volition. Cap 77 Laws of the Federation at Chapter 30 Section 361 – 362 of the Criminal Code provides for this. Chapter 20 of the same law, frowns very seriously on such fetish practices, like forcing someone to ‘marry’ a corpse. So, the proper thing to do, is to get a Lawyer to secure bail for your relation, and ensure that due process in followed in the police investigations.

Trappiest Place on Earth “A man won an $8,000 settlement from Disneyland after he got stuck on the It’s a Small World ride. He said he’ll use the money to cut out the part of his brain that won’t stop playing “It’s a Small World After All.” — Conan O’Brien ˾˾˾ Long Tour of Duty I work in a courthouse, so when I served jury duty, I knew most of the staff. As I sat with other prospective jurors listening to a woman drone on about how long the process was taking, a judge and two lawyers passed by, giving me a big hello. A minute later, a few maintenance workers did the same. That set off the malcontent: “Just how long have you been serving jury duty?” ˾˾˾ Attorney: “How was your first marriage terminated?” Witness: “By death.” Attorney: “And by whose death was it terminated?” Witness: “Guess.” ˾˾˾ Attorney: “Doctor, how many of your autopsies have you performed on dead people?” Witness: “All of them. The live ones put up too much of a fight.” ˾˾˾ Roll Call I was in juvenile court, prosecuting a teen suspected of burglary, when the judge asked everyone to stand and state his or her name and role for the court reporter. “Leah Rauch, deputy prosecutor,” I said. “Linda Jones, probation officer.” “Sam Clark, public defender.” “John,” said the teen who was on trial. “I’m the one who stole the truck.”

THE “UNUSUAL” NBA ANNUAL GENERAL CONFERENCE CONTINUED FROM PAGE 5 and so we need to pay particular attention to maintaining our health. With this in mind, the TCCP has also partnered with leading healthcare service provider, Tristate Cardiovascular Associates Limited, to bring conferees, free daily comprehensive health screening services, health counselling, and other discounted fee-for service tests, during the period of the conference. The free health counselling and screening services include Body Mass Index (BMI), Urinalysis, Blood glucose and Blood Pressure, Full Cardiac investigations [General and Cardiac Consultations]; Sleep Disorder Clinic; Laboratory investigations and Pharmacy services. For the duration of the conference, Tristate will have its emergency station on site, and would attend to incidences that require urgent attention. The AB Mahmoud, SAN administration, recognises that mentoring, professional development and other types of career support for young lawyers, are far more crucial now than ever before. It has therefore, created an opportunity for them to attend the 2017 Annual General Conference by sponsoring 100 young lawyers. In consonance with the present realities, discussions on institution building and acceleration of economic development and social justice in Africa, will characterise this year’s conference. In many African countries, the institutions of democratic governance are weak and the culture of accountability is still in its embryonic stage. Human rights are respected

more in the breach, and adherence to the principles of rule of law is not commonplace. The sessions of the conference hope to address these issues through exciting discussions and debates on legal, political, economic, social reforms and development, and will also focus on institution building as a panacea for most of Africa’s challenges. The 2017 Annual General Conference stands to promote networking, collaboration of local and international stakeholders, with a view to building synergies and sharing experiences. It will also promote good relations and social intercourse amongst lawyers and other persons, who are also interested in the justice sector and administration of justice. Delegates will gain practical insight into the latest developments in legal and socio-political developments, which they can key into to improve their practice. Sessions will focus on various thought provoking and interesting topics such as “Energising Institutions, “Women Leadership”, “Legislation”, “Institutionalising African Investments”, “Military Business”; “The Business of Dispute Resolution” and “Life after Law”. The Internet has helped speed up the globalisation process. Delegates and speakers will interrogate the intersection of easy freedoms, regulatory policy, curbing of internet rights, and the conflicting interests of personal privacy in an engaging discussion of the business of cyber law, internet policy and privacy rights.

Legal practitioners can look forward to sessions which will teach, mould, enlighten and rejuvenate them to break out of the mould, and begin to consider other areas of practice, trans border practice and even begin to build multi jurisdictional law firms. The plenary discourse "JUSTICE OR ITS MACHINERY" will x-ray current themes in justice and its delivery, the conflicting priorities of state interest and the increasing calls to subordinate the rule of law, personal liberty and property rights, in favour of the ultimate end of collective justice. The session "Nigeria's Hidden Weapons: Generation X" will turn the spotlight on young professionals, and the significant role they play in institution building and development. Young conferees will be educated on the various means by which they can unlock their untapped potentials, to be assets to organisations and businesses worldwide, which they interact with in the course of their practice. The Conference remains the premier event, for lawyers to network and socialise with colleagues and members of the judiciary. It also offers the opportunity to earn Continuing Legal Education (CLE) points for participation in the sessions. In conclusion, one can say with all sense of responsibility, that this Conference heralds the birth of a new generation of NBA Conferences, which will help our legal practice attain a new level, and take us one step further in actualising our collective vision of A BRAVE NEW BAR!!! Muritala Abdul-Rasheed, Chief of Staff to the NBA President.

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T H I S D AY TUESDAY AUGUST 15 , 2017

FEDERAL GOVERNMENT OF NIGERIA FEDERAL MINISTRY OF WATER RESOURCES NIGER DELTA BASIN DEVELOPMENT AUTHORITY 21 AZIKIWE ROAD, P.M.B 5676 PORT HARCOURT, RIVERS STATE

INVITATION FOR COLLECTION/SUBMISSION OF FINANCIAL BIDS FROM PREQUALIFIED BIDDERS FOR PROJECTS AND SERVICES UNDER 2017 APPROPRIATION ACT] 1.0 INTRODUCTION Following our earlier publication on “INVITATION FOR SUBMISSION OF TECHNICAL BIDS FROM INTERESTED BIDDERS FOR PROJECTS AND SERVICES UNDER 2017 APPROPRIATION ACT” we hereby invite Contractors, Consultants and Suppliers whose Technical Bids have been Prequalified for the collection/submission of financial Bid Document under the following categories, WORKS LOT 1: Water Supply Works LOT1:01 Construction Of Motorized borehole with overhead tank at Ubogo and Okpe Orogun community in DeLTa State LOT1:02 RehabilitationOf OGHARA,AGBARA water supply scheme, Delta state LOT1:03 Provision of Solar PowereD Borehole For Ewoama CommunitY, Brass Local Government Area, Bayelsa State LOT1:04 Provision of Solar Powered Borehole for Aleibiri Town , EkeREmor Local Governtment Area, Bayelsa State LOT1:05 Provision of Solar POwered Borehole For Lagos Iyede-Ame, Ndokwa East Local Government Area, Delta State LOT1:06 Completion of Ayamabele Okordia Water Project, Yenegoa Local Government Area , Bayelsa State LOT1:07 Provision of water Scheme for Angalama Community ,Asari Toru local Govt.Area, Rivers State LOT1:08 Reticulation at Odoni Town Sagbama LGA Bayelsa State LOT1:09 Solar Powered Borehole at Odoni Town Sagbama LGA Bayelsa State LOT1:10 Construction of 30,000 Gallons Braithwaite (PS 4000) 1No..Solar Powered water scheme with pipelines network at Orhuhworun, LGA, Delta State LOT1:11 Provision of motorized borehole in Ahoada Town , Rivers state LOT1:12 Provision of hand pumps borehole in Cable Point Asaba, Delta State LOT1:13 Hand pumps borehole at Oviri Olomu ,UgheLi south LGA, Delta State LOT1:14 Motorized borehole in Akardi Town in Andoni ,Opobo/Nkoro federal Constituency LOT1:15 3Nos.Hand Pump boreholes in Okpe/Sapele/Uvwie Federal constituency, Delta State LOT1:16 18Nos.Hand Pump boreholes in Ndokwa/Ukwani Federal constituency LOT1:17 Provision of 2Nos.Motorized borehole in Ika North/South federal Constituency LOT1:18 Provision of Handpump boreholes in Ikwerre /Emohua federal constituency LOT1:19 PROVISION OF SOLAR POWERED STREET LIGHT IN OFOUGBENE COMMUNITY BURUTU FEDERAL CONSTITUENCY, DELTA STATE LOT1:20 Construction of Motorized Boreholes in Oyorokoto Community, Andoni- Opobo/Nkoro , Rivers State LOT1:21 IMPROVEMENT / REHABILITATION OF WATER SUPPLY SCHEME AT EDJEKOTA OGOR, UGHELLI SOUTH LGA, DELTA CENTRAL SENATORIAL DISTRICT LOT1:22 IMPROVEMENT / REHABILITATION OF WATER SUPPLY SCHEME AT ARHAVWARIEN, UGHELLI SOUTH LGA, DELTA CENTRAL SENATORIAL DISTRICT LOT1:23 IMPROVEMENT / REHABILITATION OF WATER SUPPLY SCHEME AT AGBARAOTOR, UGHELLI NORTH LGA, DELTA CENTRAL SENATORIAL DISTRICT LOT1:24 IMPROVEMENT / REHABILITATION OF WATER SUPPLY SCHEME AT OBODETI, UGHELLI NORTH LGA, DELTA CENTRAL SENATORIAL DISTRICT LOT1:25 IMPROVEMENT / REHABILITATION OF WATER SUPPLY SCHEME AT UGONOR, UGHELLI NORTH LGA, DELTA CENTRAL SENATORIAL DISTRICT LOT1:26 IMPROVEMENT / REHABILITATION OF WATER SUPPLY SCHEME AT ORHOMURU, UGHELLI NORTH LGA, DELTA CENTRAL SENATORIAL DISTRICT LOT1:27 IMPROVEMENT / REHABILITATION OF WATER SUPPLY SCHEME AT OGONI, UGHELLI SOUTH LGA, DELTA CENTRAL SENATORIAL DISTRICT LOT1:28 IMPROVEMENT / REHABILITATION OF WATER SUPPLY SCHEME AT EGINI, UGHELLI SOUTH LGA, DELTA CENTRAL SENATORIAL DISTRICT LOT1:29 IMPROVEMENT / REHABILITATION OF WATER SUPPLY SCHEME AT KOKORI, UGHELLI SOUTH LGA, DELTA CENTRAL SENATORIAL DISTRICT LOT1:30 IMPROVEMENT / REHABILITATION OF WATER SUPPLY SCHEME AT EKU, ETHIOPE EAST LGA, DELTA CENTRAL SENATORIAL DISTRICT LOT1:31 IMPROVEMENT / REHABILITATION OF WATER SUPPLY SCHEME AT OKPARA WATER SIDE, ETHIOPE EAST LGA, DELTA CENTRAL SENATORIAL DISTRICT LOT 2 Agricultural Works LOT 2:01 Rehabilitation and Stocking of Fish Pond at Ekowe, Bayelsa State LOT 2:02 LAND PREPARATION AND Cultivation of 20ha of farm with plantain /banana INCLUDING MAINTENANCE at Ondewari irrigation project LOT 2:03 Clearing and land preparation and cultivation of 50ha at Peremabiri rice irrigation project LOT 2:04 Stocking and Maintenance of4,000Nos.of Birds at Kpong LOT 3: Civil and Rehabilitation Works LOT 3:01 Rehabilitation of Head office building complex at Port Harcourt LOT 3:02 Rehabilitation including re-roofing of Area Office Isiokolo Delta State LOT 3:03 LAND SURVEY , DOCUMENTATION AND Perimeter Fencing OF Isiokolo Irrigation project LOT 3:04 2Km Reticulation in Isiokolo irrigation project ,Delta State LOT 3:05 Rehabilitation farm structures in Isiokolo irrigation project , Delta State LOT 3:06 Renovation of State School 1 andUPE School in Edeoha- Ahoada East LGA, Rivers StaTE

LOT 6:11 LOT 6:12

LOT 6:13 LOT 6:14 LOT 7: LOT 7:01 LOT 7:02 LOT 7:03 LOT 7:04 LOT 7:05 PROJECT LOT 7:06 LOT 7:07 LOT 7:08 LOT 7:09 LOT 7:10 LOT 7:11 Delta State

LOT6: CONSULTANCY SERVICES. LOT 6:01 Consultancy for Capacity building for the Authority LOT 6:02 Consultancy for Project monitoring/evaluation activities of the Authority LOT 6:03 STUDY AND DESIGN of Motorized borehole with overhead Tank at Ubogo and Okpe Orogun community in Deta State LOT 6:04 Study and design of Feedmill LOT 6:05 LAND SURVEY, DOCUMENTATION AND CERTIFICATE OF OCCUPANCY OF EKOWE FISH FARM LOT 6:06 STUDY AND DESIGN of 30,000Gallons Braithwaite (PS 4000) 1No..Solar Powered water scheme with pipelines network at Orhuhworun, LGA, Delta State LOT 6:07 Study and Design of Nypa Palm Cultivation in Rivers , Bayelsa and Delta LOT 6:08 LAND SURVEY, DOCUMENTATION AND CERTIFICATE OF OCCUPANCY OF ONDEWARI LOT 6:09 STUDY AND DESIGN OF SOLAR POWERED STREET LIGHTIN OFOUGBENE COMMUNITY - BURUTU FEDERAL CONSTITUENCY, DELTA STATE LOT 6:10 Training and empowerment of 200youths in agrIculture(Poultry and Fisheries) in Degema/ Bonny Fed.Constituency, Rivers State

GOODS Procurement of 1 NO Tractor and accessories PURCHASE AND SERVICING OF WATER FACTORY EQUIPMENT Procurement of 1No.Tractor with implements at Ondewari irrigation project Purchase Farm Equipment for Peremabiri rice irrigation project PURCHASE OF 1N0. SELF LOADER FOR ONDEWARI RICE IRRIGATION Donation (SUPPLY) of Medical Supplies in Bonny General Hospital , Rivers State Donation of Books in Community Secondary, Bille, Rivers State Donation of Books in Community Secondary, Bakana, Rivers State Provision of Furniture in State School 1 And UPE School in Edeoha- Ahoada East LGA, Rivers State Purchase of Equipment AND REAGENTS for soil laboratory SUPPLY OF TRACTOR ACCESSORIES AND FARM IMPLEMENT AT Orogun,

3.0 COLLECTION OF FINANCIALBID DOCUMENTS th 3.1 Financial Bid Documents will be available for collection from 12Noon on Tuesday 15 August, 2017 upon the presentation of evidence of payment of non refundable tender fee of N10,000.00(Ten Thousand Naira)onlyfor all categoriesinto the Authority' s Central Bank Treasury Single Account (TSA) as follows: Account Name: Niger Delta Basin Development Authority Remita E- Collection IGR Account Number 0120179561013 (alternatively, collect Remita Reference Retrieval (RRR) Number from the cashier before paying through commercial bank) at the Authority' s Conference Hall, Headquarters premises , Port Harcourt iii

All terms and conditions in the collected Financial Documents must be strictly adhered to, please.

4.0 i

SUBMISSION OF COMPLETED FINANCIAL BIDDOCUMENTS Completed Financial bids shall be submitted in Two (2) hard copies and One(1) Electronic copy(Non rewritable compact disk/DVD) in a sealed envelope and labeled “Financial'with ' project category and Lot Number” at the top right hand corner of the envelope and addressed to: THE MANAGING DIRECTOR NIGER DELTA BASIN DEVELOPMENT AUTHORITY P.M.B. 21 AZIKIWE ROAD, 5676 PORT HARCOURT, RIVERS STATE, and drop in the bidding boxes at the Authority' s Conference Hall, Headquarter premises, Port Harcourt.

ii iii

All Financial bid documents MUST be accompanied with duly signed submission letter by the bidders. All bidding documents submitted shall be subjected to Due Diligence in accordance with the Public Procurement Act (PPA) 2007.

5.0

CLOSING DATE FOR SUBMISSION OF BIDS The closing date for the submission in respect of all projects is on or before 12noon, Tuesday th 26 September, 2017.Any bid submitted after this date and time will be rejected.

6.0 i

OPENING OF BIDS Financial Bids shall be opened same day immediately after deadline of submission at the Authority' s Conference Hall, Headquarter premises, Port Harcourt. All Companies bidding are expected to bring along the ORIGINAL COPIES of all relevant documents for sighting during the bid opening. Non-Governmental Organization (NGO) and the general public are hereby invited to witness the bids opening

ii iii 7.0

ENQUIRIES All enquiries should be directed: HEAD OF PROCUREMENT NIGER DELTA BASIN DEVELOPMENT AUTHORITY P.M.B. 21 AZIKIWE ROAD, 5676, PORT HARCOURT, RIVERS STATE Phone: 07035288650 E-mail: nkesekatey@yahoo.com

LOT4 : Power Installation Works LOT 4:01 Electrification of Kpong Community to the national GRid PHASE 2 LOT 4:02 SUPPLY AND INSTALLATION OF SOLAR POWERED STREET LIHGT AT : OVU TOWN, AGBON CLAN, ETHIOPE EAST LGA, EFFURRUN-OTOR CLAN, UGONO-OROGUN, CLAN, OROGUN CLAN, UGHELI NORTH LGA, EBOH -OROGUN AND ORHOMURUOROGUN CLAN IN DELTA CENTRAL SENATORIAL DISTRICT, DELTA STATE LOT 5: GENERAL WORKS LOT 5:01 Maintenance of Meterological Stations in Rivers, Bayelsa and Delta States LOT 5:02 Disimilation of Canal at Epeleama, Rivers State

STUDY AND DESIGN OF IMPROVEMENT/ REHABILITATION OF WATER SUPPLY SCHEMES IN DELTA CENTRL SENATORIAL DISTRICT DESIGN OF SOLAR POWERED STREET LIHGT AT : OVU TOWN, AGBON CLAN, ETHIOPE EAST LGA, EFFURRUN-OTOR CLAN, UGONO-OROGUN, CLAN , OROGUN CLAN, UGHELI NORTH LGA, EBOH -OROGUN AND ORHOMURU-OROGUN CLAN IN DELTA CENTRAL SENATORIAL DISTRICT, DELTA STATE Stocking of the Piggery Pen with 20 No. Breeders and 3 No Boars including maintenance at Isiokolo Irrigation project Consultancy for Management of Poultry Farms for Kpong and Isiokolo

OR: visit AUTHORITY'S WEBSITE Www.ndbda.gov.ng 8.0 8.1

DISCLAIMER AND CONCLUSION This announcement is published for information purposes only and does not constitute an offer by the Authority to transact with any party for the project and services listed, nor does it constitute a commitment or obligation on the part of the Authority to procure/ concession services.

8.2

The Authority will not be responsible for any cost or expenses incurred by any interested party(ies) in connection with any response to this invitation and or the preparation or submission in response to an inquiry.

8.3

The Authority pledges fair and equal treatment of all participants but is not bound to shortlist any bidder and reserves the right to annul the selection process at any time without incurring any liability whatsoever. SIGNED THE MANAGING DIRECTOR NIGER DELTA BASIN DEVELOPMENT AUTHORITY PORT HARCOURT, RIVERS STATE.

38 T H I S D AY TUESDAY AUGUST 15, 2017

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TIUESDAY AUGUST 15, 2017 ˾ T H I S D AY

41

NEWS

News Editor Davidson Iriekpen Email davidson.iriekpen@thisdaylive.com, 08111813081

S’East Govs: We’re in Touch with Northern Governors over Quit Notice Christopher Isiguzo in Enugu Governors from the five states of the South-east zone rose from a closed door meeting in Enugu

yesterday to assure Ndigbo living in the northern part of the country of their safety in view of the quit notice by the Arewa youths. The governors also disclosed that they were in constant touch with

Edo Assembly Speaker, Deputy, Majority Leader Impeached Adibe Emenyonu in Benin City The Speaker of Edo State House of Assembly, Dr. Justine Okonoboh, has been impeached. Also, the Deputy Speaker of the assembly, Elizabeth Arivie, and the Majority Leader, Foly Ogedengbe, were equally removed. In their places, the assembly elected Kabir Adjoto (APC) representing Akoko-Edo constituency 1 as the substantive Speaker, while the former Speaker representing Esan Central constituency, Victor Edoror, was elected as the new Deputy Speaker, as well as Roland Asoro, representing Orhionmwon II state constituency, as the majority leader. Speaking to journalists after the impeachment, Adjoto, the newly elected Speaker, said 16 members impeached the three principal officers, and after the impeachment, the numbers rose to 19 members. He said the impeached principal officers have been suspended for three months as well as Magnus Izehi-Igbas (PDP) representing Esan North-East constituency II. Adjoto stated that the impeached speaker ran the assembly as a private entity with his wife. “The impeached speaker converted the assembly to a private estate. We are supposed to be 24

members in the assembly but he now co-opted his wife as 25th member who was now privileged to know all the operations of the assembly before the members. “He also awarded contracts to himself without recourse to the standing rules and due process of the assembly,” he said. Adjoto said they were elected to be a partner in the state project with the governor of the state whom he described as a performing governor. Reacting to the impeachment, the embattled Majority Leader, Ogedengbe, described the action as null, void and unconstitutional. Ogedengbesaidtheywereallegedly impeached by only 11 members which is a violation of two third majority. He said 16 members have the constitutional power to impeach the principal officers, noting that it does not meet up with the two third majority. With the latest development, the political tripod of the state has dramatically changed as Edo North now has the Speaker; Central district has the deputy while Edo South where Governor Godwin Obaseki hails from, now has the majority leader position. The drama, according to THISDAY investigation, began at about 11:30a.m. when the assembly resumed sitting and the clerk commenced the proceeding of the day by calling roll calls.

FIRS, States Collaborate to Track High Net Worth Persons The Joint Tax Board (JTB) and the Federal Inland Revenue Service (FIRS) has said it has started sharing information of high net worth individuals to profile their income and tax payments to ensure they pay the appropriate taxes. Speaking at the 138th meeting of the JTB on Sunday, Executive Chairman of the FIRS, Babatunde Fowler, said 12 states have signed the memorandum of understanding under the Voluntary Assets and Income Declaration Scheme (VAIDS). Fowler, according to the news Agency of Nigeria (NAN), said the tax board has engaged the services of a consultant to ensure that states tax authorities and the FIRS integrate data to improve compliance and tax revenue. According to Fowler, this would ensure the FIRS and JTB identify high net worth individuals, track their tax status and compliance. He announced that there are no untouchables as regards the implementation of VAIDS. Speaking on behalf of the FIRS and the JTB, I want to assure you that we have received the blessing and political will of the president, the acting president to implement VAIDS. “The executive is behind us, the senate, the house of representatives, are behind us and the judiciary is

behind us. It is now left for us to perform our duties in the right and best way,” he said. “We are changing the financial profile of the country and of course, taxation is in the forefront. Our vision is to ensure that the governments, at all levels have enough resources to provide essential facilities to everyone. We are also moving away from taxes based solely on oil that are not predictable to non-oil taxes. “I am happy to announce that at no time in the history of the FIRS have states and JTB have enjoyed this level of collaboration that we are enjoying today. Collaboration is important, states cannot be said to be doing well if the FIRS is not doing well. In the same vein, FIRS cannot be said to be doing well if states are not doing well. “Between September 25 and 29 2017, the African Tax Administration Forum will be meeting in Abuja. Leaders of tax authorities will be in attendance. We believe that collaboration between heads of tax authorities and ministers of finance is healthy for tax work. We will encourage them to come.” In June, Acting President Yemi Osibanjo had signed an executive order on voluntary assets declarations, saying tax payment is a duty to the nation.

the Northern Governors’ Forum, the federal government, as well as other stakeholders to ensure that nothing untoward happen to Igbos residing in the North. Briefing journalists at the end of their meeting which took place at the Government House, Enugu, the chairman of the forum and governor of Ebonyi State, Chief Dave Umahi, said they were working in partnership with Ohanaeze Ndigbo to reach out to the northern leaders. The governors also adopted the Prof. Bart Nnaji’s Geometric Power Company’s power project in Aba, Abia State, saying the forum would use it as a model to jumpstart the economic integration of the zone. The governors also announced plans to establish five mega industrial clusters in each state in the zone, saying that an economic

team and the forum’s secretariat had been directed to work out modalities for the takeoff of the project. “Ohanaeze Ndigbo briefed us, and of course we have been in touch with the federal government, we have been in constant touch with our colleagues, and Ohanaeze has also been in constant touch with our people in Northern Nigeria and we want to assure all our people that have been in Northern Nigeria that we are in constant touch and dialogue with the federal government and of course in liaison with the Northern Governors’ Forum to make sure that the lives and properties of our people are very secured, and on this development we will continue to monitor to make sure no Igbo man living anywhere in this country is living in fear

or is disadvantaged or the live threatened. “The geometric power company made a presentation to us on Aba power plant and we commend them very highly for bringing the project up to 99 per cent, of course they have completed the project, they are just renovating some of the injection stations of the plant. And we have adopted that power plant as a model for our regional integration. We commend them and we throw our weight behind the success of that project. “In the same vein, we commend the Shell and her partner in the gas project at Asa, and we as governors of the South East states have proposed to build five mega industrial clusters, one in each state and we have signified interest to benefit from this Asa gas project and so we have set up a committee to liaise with the stakeholders in this respect. And I

can assure you that this will assist the South-east very highly. “We have also taken notice of a number of gas clusters in South-east and we have directed the economic team and the secretariat to get the list of the names and people that are in charge of the gas blocs so that we can discuss with them towards developing it and ensuring that we partner with them for the benefit of our people,” Umahi said. The forum threw its weight behind the November governorship election in Anambra State and called on the stakeholders to play according to rule. “We have also, as a people at South-east Governors’ Forum, thrown our weight behind the November 2017 governorship election in Anambra State, and appeal to all stakeholders to ensure that we have a very peaceful election in the state,” he said.

UNDERSTUDY VISIT

L-R: Harvard Kennedy School MPP 2017/Student Government President (2016-2017),Arohi Sharma; Head Corporate Communications, Sahara Group, Nonhlanhla Hlongwane; HKS MPA 2017, Bethel Obioma; HKS MCMPA 2017/Student Government Vice President of International Student Affairs (2016-2017), Toyosi Akerele-Ogunsiji; Executive Director/Co-Founder, Sahara Group, Tonye Cole; HKS MPA 2017, Gautam Gandhi, and Special Assistant to the Governor of Lagos State on Global Outreach and Partnerships,Tola Odeyemi, during the Harvard team’s visit to Sahara Group’s head office in Lagos...recently

Eligible Power Consumers to Pay Between N30 and N80 Per Kilowatt Hour State governments free to engage in power generation, distribution Chineme Okafor in Abuja Heavy power users who would want to apply to the Nigerian Electricity Regulatory Commission (NERC) to be considered in the Eligible Customers cadre which the federal government recently signed into law may have to pay between N30 and N80 per kilowatts hour (kwh), a communiqué from the 18th power sector operators meeting has disclosed. The communiqué which was made available to THISDAY yesterday in Abuja stated that operators at the meeting in Kano, deliberated on the price to be charged eligible consumers in the new regime. They however noted that the rate would be slightly higher than the existing grid rate, and lower than the amount large power users spend on diesel generators. It equally explained that contrary to the belief that state governments in the country were not allowed to

engage in the business of power generation and distribution in their respective states, the Electric Power Sector Reform Act (EPSRA) 2005, allows for them to get involved in the sector. The communique noted that the Minister of Power, Works, and Housing, Mr. Babatunde Fashola, and his counterpart, Mr. Mustapha Shehuri, were present at the meeting which other operators also attended. “Eligible customers are provided for in the Electric Power Sector Reform (EPSR) to resolve inability to take load by Discos. The eligible customers described include large power consumers such as state governments, industrial clusters, etc. Eligible customers may apply to NERC to privately acquire power, independent of Discos. “It was noted that the negotiated price for large consumers would likely be lower than the 80 naira per kwh or more (the current average cost of diesel generators) and may be

higher than the 30 naira per kwh of grid power,” said the communique. It further explained: “This will occur only on a willing buyer, willing seller basis. The meeting also noted that nothing in the EPSR Act prevents electricity generation and distribution by state governments, and such endeavours were fully supported by the meeting as no monopoly was intended by the law in electricity generation and distribution.” It explained in its provision of updates on developments in the sector that the Power Sector Recovery Programme (PSRP) was making good progress especially on metering. According to it, the Federal Executive Council (FEC) had recently released N39 billion to fund the metering programmes of the 11 electricity distribution companies (Discos). “The government had previously intervened in metering with CAPMI due to legal battles, however the

programme was ended due to defaults and delays in providing meters paid for by customers. The meeting reminded the public that Discos are obligated to provide meters to the public. However, NERC is developing a regulatory framework that will permit meter service providers to provide meters as an investment opportunity. “The meeting noted that meter provision is not a monopoly of Discos but is open and regulated by NERC and NEMSA. In order to democratise meter access, government will support meter provision as much as possible. Anyone licensed by NERC may provide meters, pursuant to the provisions of the Electric Power Sector Reform Act 2005. The democratisation of meter provision is intended to reduce conflict between customers and Discos and reduce losses in the sector, and assist Discos who cannot afford to fund meter,” it added

TIUESDAY AUGUST 15, 2017 ˾ T H I S D AY

42

NEWSEXTRA

Sultan: Devolve Economy Not Only Political Power Obasanjo faults lawmakers over constituency ‘corrupt’ project Laleye Dipo inMinna The Sultan of Sokoto, Alhaji Sa’ad Abubakar III, has opened another chapter in the call for devolution of power in the country, as he said there should be the devolution of the economy also. He added that the federal government should release the management of its infrastructure in the states to state governments. The monarch made the suggestion yesterday in a goodwill message he presented at the opening of a two-day investment forum organised by the Niger State Government with the theme: ‘Impact Investing for Advancing Agricultural Economy and Innovation’. Abubakar said because of the federal system being operated in the country, “state governments cannot have access to these infrastructures. “As we talk about devolution of power, I also think we should talk about devolution of the economy,” the traditional ruler said, adding that such would reduce the unemployment prevalent in most parts of the country.” He also drew the attention of the acting President Yemi Osinbajo to the dilapidated road in Suleja to Minna, urging him to summon the Minister of Works, Babatunde

Fashola, to direct the contractor handling the contract to return to site. Speaking further on the issue, Abubakar declared: “Our people suffer while traveling on this road. The federal government should do something about it fast.” Declaring the summit open, Osinbajo announced that states willing to partner the federal government to develop federal infrastructure would be encouraged to do so. He also said the surest way towards “diversifying the national economy does not lie in hydrocarbons exploitation but in agriculture.” Meanwhile, speaker of the forum, former President, Chief Olusegun Obasanjo, who was also at the forum, ignited another war with members of the National Assembly when he declared the constituency projects embarked upon by the lawmakers as “corrupt.” Obasanjo said: “The Sultan talked about roads; I hope our lawmakers will use their positions and Acts positively so that when they put road projects in the budget, they will not turn it into what they now term as constituency projects. “You and I know what constituency projects mean, it is simply corruption.” The former president had

been involved in verbal war with members of the National Assembly in the past when he described them as a “bunch of corrupt elements,” a statement the legislators did not take lightly, resulting in their description of the former president as “the father of corruption in Nigeria.” Obasanjo urged federal and state governments to embark on massive rural and urban road construction to facilitate the movement of agricultural products from the

farms to the markets. “If there is anything that will take us out of recession, it is agriculture, that is the only renewable business we can do to give us all the job creation, wealth creation that we need “ The former president said. He therefore asked banks in the country to reduce their interest rates on agriculture loans to between 2.5 percent and five percent, saying doing so would facilitate agricultural development because “double digit interest rate will promote failure.”

Also speaking at the forum, former military Head of State, General Abdulsalami Abubakar, disclosed that in another 33 years, the world population would hit the nine billion mark, with Nigeria accounting for five percent of the global population, adding that by then, food would be the greatest challenge. Abdulsalami advised that everything should be done to increase the cultivation of food and cash crops in the country to avoid the anticipated

food shortage. In his remark, Niger State Governor Abubakar Bello, said the forum“isnotatalkshop,”aswasthought bysomeoftheparticipants,adding:“The decisions and recommendations at the forum will be implemented.” Amongotherdignitariesattheopening oftheforumwereSokotoandAdamawa StateGovernors,AminuWaziriTambwal and Bindo Jibrila respectively; Minister of Agriculture, Audu Ogbeh; traditional rulers and members of the organised private sector.

GM: Shell Has Remitted $31bn to Federation Account, NDDC in 13Years Shell Petroleum Development Company (SPDC) has remitted $29.8 billion to the Federation Account and $1.2 billion to the Niger Delta Development Commission (NDDC) between 2002 and 2016. The General Manager, External Relations, Mr. Igo Weli, made the disclosure yesterday in Port Harcourt while reacting to the shut-down of SPDC flow station and gas plant in Belema community by angry youths. The youths accused the company of neglecting them and marginalising their community. Addressing journalists, Weli said the seizure of the company’s facilities by the youths would not only send

wrong signal to the international community, it was capable of discouraging further investment in the Niger Delta. He said: “People are having high expectations from SPDC; they forget the company is not government and do not have the resources to solve world hunger. “SPDC has made several efforts to sensitise the people on how our business is run, so that their expectations can be realistic and align with realities of how we run our business. “The business we do add value in several ways through contributions to the federation account and the

NDDC. “Between 2012 and 2016, SPDC JV contributed $29.8 billion to the federation account which flows down to the state governments, local governments and to the communities.” Weli, according to the News Agency of Nigeria (NAN), said the company had also set aside three per cent of its annual budget to NDDC as its contribution to the development of the Niger Delta. The GM described the closure of the company’s facility as `worrisome’ especially as the company and its partners had spent millions of naira on human

and infrastructure programmes in the communities. “If the youths isolate our corporate social responsibility and put all the burden of infrastructure needs on SPDC, then the expectation would not balance. “In 2016 alone, our contribution to NDDC was $106.8 million; people need to define their expectation; ask themselves if their expectation is realistic and if SPDC is government. “People should express their grievances in a way that follows due process to avoid sending wrong signal to potential investors about how businesses are treated in our society,” he said.

T H I S D AY TUESDAY AUGUST 15 , 2017

43

Statutory ? 274,892,789,531.81 139,429,296,436.79 107,494,143,211.00 29,893,772,575.87 3,780,243,315.26 2,000,000,000.00 11,313,944,683.38 1,779,605,637.16 570,583,795,391.27 81,644,697,058.10

VAT ? 11,756,836,376.37 39,189,454,587.89 27,432,618,211.52 3,265,787,882.32

Total ? 286,649,625,908.18 178,618,751,024.68 134,926,761,422.52 29,893,772,575.87 3,780,243,315.26 2,000,000,000.00 14,579,732,565.70 1,779,605,637.16 652,228,492,449.36

1 FGN (CRF Account) 2 Share of Derivation & Ecology 3 Stabilization 4 Development of Natural Resources 5 FCT-Abuja Sub-total

Beneficiaries

1

8,766,512,650.22 5,218,162,291.80 274,892,789,531.81

2,609,081,145.90

5,218,162,291.80

15,561,784,903 41,403,733.49 15,603,188,636.41

=N=

=N=

253,080,871,152.10

Less Deductions

3

Gross Statutory Allocation

2

237,519,086,249.18 5,218,162,291.80 2,609,081,145.90 8,766,512,650.22 5,176,758,558.31 259,289,600,895.40

=N=

Net Statutory Allocation

4= 2-3

10,973,047,284.61 783,789,091.76 11,756,836,376.37

=N=

VAT

5

248,492,133,533.79 5,218,162,291.80 2,609,081,145.90 8,766,512,650.22 5,960,547,650.06 271,046,437,271.77

=N=

Total Net Amount

6 (4 + 5 )

DISTRIBUTION OF REVENUE ALLOCATION TO FGN BY FEDERATION ACCOUNT ALLOCATION COMMITTEE FOR THE MONTH OF JUNE, 2017 SHARED IN JULY, 2017 Table II

Total

8 Cost of Collection - DPR

6 FIRS Refund 7 Cost of Collections - FIRS

5 Cost of Collection - NCS

4 13% Derivation Fund

3 LGCs (see Table IV)

2 State (see Table III)

1 FGN (see Table II)

Beneficiaries

Table I

Source: Office of the Accountant-General of the Federation

Kemi Adeosun Hon. Minister of Finance Federal Ministry Of Finance, Abuja. Nigeria.

...............................

1

The above information is also available on the Federal Ministry of Finance website www.fmf.gov.ng and Office of Accountant-General of the Federation website www.oagf.gov.ng. In addition, you would find on these websites details of the Capital and Recurrent allocations to all arms of Government including Federal Ministries and Agencies. The Budget Office website www.budgetoffice.gov.ng also contains information about the Budget.

S/n

S/n

SUMMARY OF GROSS REVENUE ALLOCATION BY FEDERATION ACCOUNT ALLOCATION COMMITTEE FOR THE MONTH OF JUNE, 2017 SHARED IN JULY, 2017

FEDERAL MINISTRY OF FINANCE, ABUJA

44 T H I S D AY TUESDAY AUGUST 15, 2017

3,353,374,445.95

4,123,991,697.22

20

18

30

27 OGUN

28 ONDO

29 OSUN

16

17

14

34 TARABA

35 YOBE

36 ZAMFARA

139,429,296,436.79

3,658,951,886.24

4,052,247,663.25

3,965,369,520.81

29,893,772,575.87

-

-

-

-

6,380,205,795.24

-

-

-

1,465,656,286.45

-

-

-

-

-

-

-

-

-

-

-

398,642,400.33

-

-

-

332,510,187.37

-

6,013,460,097.52

-

-

-

6,528,800,088.93

-

-

8,458,593,582.54

-

169,323,069,012.66

3,658,951,886.24

3,651,175,947.60

3,541,833,764.29

4,052,247,663.25

10,345,575,316.05

3,839,572,171.67

4,123,991,697.22

3,353,374,445.95

4,888,420,208.79

3,415,996,450.81

4,355,348,168.64

3,390,812,877.58

4,925,651,845.47

3,272,978,614.63

4,063,811,709.07

3,882,506,017.56

4,519,771,208.61

5,832,177,022.05

4,817,547,034.39

4,111,881,160.63

4,221,540,152.57

3,463,320,599.00

3,697,719,694.27

3,287,636,167.23

3,770,556,959.39

3,289,492,408.63

9,746,802,999.19

3,697,400,583.64

4,568,287,033.39

4,123,536,095.58

9,782,170,070.64

4,398,135,234.55

3,655,870,946.38

12,155,363,713.94

3,662,732,644.79

3,758,878,499.00

=N=

Gross Total

6=4+5

2,899,838,452.94

21,206,820.61

33,223,488.06

20,230,506.57

35,429,982.29

56,731,329.13

20,502,517.04

118,990,322.71

100,877,001.46

52,689,991.26

80,055,430.28

37,896,198.90

25,749,719.26

801,444,336.61

32,601,216.78

25,560,610.88

57,307,383.75

108,900,078.92

45,827,519.35

232,116,181.47

27,554,328.24

50,282,195.18

20,771,356.04

59,695,596.19

80,329,144.77

77,680,529.98

32,823,598.98

19,548,234.79

240,495,597.21

19,900,586.24

23,309,408.26

28,749,844.31

78,191,034.27

39,537,418.02

113,718,046.95

52,020,925.73

27,889,972.45

=N=

External Debt

7

0.00

0.00

0.00

0.00

9,585,134,311.17

488,822,936.86

0.00

0.00

0.00

0.00

609,914,612.08

99,912,935.00

945,881,467.00

725,882,360.59

0.00

275,631,992.38

101,637,860.22

2,000,000,000.00

0.00

246,132,000.00

0.00

0.00

0.00

0.00

0.00

0.00

361,446,152.47

147,102,561.99

499,654,808.01

520,000,000.00

0.00

1,098,907,642.20

633,134,951.92

0.00

103,855,987.23

421,546,663.22

305,669,380.00

=N=

Contractual Obligation (ISPO)

8 Deductions

17,156,545,219.38

518,487,915.95

89,972,595.59

516,032,835.58

276,184,462.78

1,378,094,430.61

519,359,488.18

432,682,571.28

1,375,047,323.53

299,032,677.73

1,133,331,119.97

181,611,621.56

124,304,116.61

-

347,813,959.43

190,704,301.22

264,239,440.81

235,502,702.59

484,171,145.05

203,254,936.77

89,972,595.59

820,323,934.64

287,111,786.97

206,468,378.89

436,641,964.82

401,650,323.46

143,440,180.71

1,300,745,697.56

650,454,311.91

323,071,065.26

478,172,499.15

1,097,827,002.68

519,349,334.31

107,021,602.06

977,490,067.63

330,357,169.14

416,619,659.36

=N=

Other Deductions (see Note)

9

139,681,551,029.18

2,630,434,212.82

3,527,979,863.95

3,005,570,422.14

3,740,633,218.18

8,910,749,556.31

2,689,795,554.37

3,472,405,868.23

931,568,653.96

3,810,815,179.21

2,202,609,900.56

3,860,208,355.80

3,139,121,181.49

2,124,207,508.86

2,892,563,438.42

3,601,414,796.97

3,560,959,193.00

4,175,368,427.10

5,302,178,357.65

4,382,175,916.15

3,994,354,236.80

3,350,934,022.75

2,793,991,303.52

3,284,453,157.20

2,271,010,249.63

2,771,226,105.95

3,113,228,628.94

7,327,601,424.64

2,173,315,722.60

4,225,315,381.89

3,518,198,200.94

8,234,046,560.43

3,494,925,485.97

3,509,311,926.30

11,064,155,599.36

3,280,354,549.92

3,314,368,867.19

39,189,454,587.88

825,528,354.20

782,279,601.27

784,772,164.75

887,539,294.36

1,700,270,341.52

855,071,746.58

1,495,586,801.18

854,971,338.17

860,676,044.41

920,069,658.26

912,599,160.12

739,644,536.53

6,394,349,854.03

777,424,827.47

840,841,046.89

839,985,336.56

1,067,744,170.06

1,779,144,821.22

1,141,602,856.84

953,335,420.94

899,156,366.41

761,748,252.40

897,105,829.66

774,962,894.23

887,192,732.25

777,838,614.79

931,255,410.99

814,337,618.70

918,938,643.45

926,223,378.93

743,292,145.03

958,874,706.21

939,972,594.18

904,394,565.65

837,348,939.19

803,374,520.44

=N=

Gross VAT Allocation

Net Statutory Allocation =N=

11

10=6-(7+8+9)

208,512,523,600.55

4,484,480,240.44

4,433,455,548.86

4,326,605,929.04

4,939,786,957.61

12,045,845,657.57

4,694,643,918.24

5,619,578,498.40

4,208,345,784.12

5,749,096,253.21

4,336,066,109.07

5,267,947,328.76

4,130,457,414.11

11,320,001,699.50

4,050,403,442.10

4,904,652,755.96

4,722,491,354.12

5,587,515,378.67

7,611,321,843.27

5,959,149,891.23

5,065,216,581.57

5,120,696,518.99

4,225,068,851.40

4,594,825,523.93

4,062,599,061.46

4,657,749,691.64

4,067,331,023.42

10,678,058,410.18

4,511,738,202.33

5,487,225,676.84

5,049,759,474.51

10,525,462,215.67

5,357,009,940.76

4,595,843,540.57

13,059,758,279.59

4,500,081,583.98

4,562,253,019.44

=N=

Total Gross Amount

12=6+11+12

178,871,005,617.06

3,455,962,567.02

4,310,259,465.21

3,790,342,586.89

4,628,172,512.54

10,611,019,897.83

3,544,867,300.94

4,967,992,669.41

1,786,539,992.13

4,671,491,223.63

3,122,679,558.82

4,772,807,515.92

3,878,765,718.02

8,518,557,362.89

3,669,988,265.89

4,442,255,843.86

4,400,944,529.56

5,243,112,597.16

7,081,323,178.87

5,523,778,772.99

4,947,689,657.74

4,250,090,389.17

3,555,739,555.92

4,181,558,986.86

3,045,973,143.86

3,658,418,838.20

3,891,067,243.73

8,258,856,835.63

2,987,653,341.29

5,144,254,025.34

4,444,421,579.87

8,977,338,705.46

4,453,800,192.18

4,449,284,520.49

11,968,550,165.01

4,117,703,489.11

4,117,743,387.63

=N=

Total Net Amount

13=10+11+12

36

35

34

33

32

31

30

29

28

27

26

25

24

23

22

21

20

19

18

17

16

15

14

13

12

11

10

9

8

7

6

5

4

3

2

1

Source: Office of the Accountant-General of the Federation

2

2 * Other Deductions cover; National Water Rehabilitation Projects, National Agricultural Technology Support Programme, Payment for Fertilizer, State Water Supply Project, State Agricultural Project and National Fadama Project

Total (States)

3,651,175,947.60

23

33 SOKOTO

Note :

3,541,833,764.29

23

32 RIVERS

3,839,572,171.67

33

17

30 OYO

31 PLATEAU

3,422,763,922.34

3,415,996,450.81

4,355,348,168.64

3,390,812,877.58

13

25

25 NASSARAWA

4,925,651,845.47

3,272,978,614.63

26 NIGER

20

24 LAGOS

4,063,811,709.07

21

16

22 KOGI

23 KWARA

3,882,506,017.56

21

21 KEBBI

5,832,177,022.05

4,519,771,208.61

44

34

4,817,547,034.39

20 KATSINA

23

18 KADUNA

4,111,881,160.63

3,822,897,752.25

3,463,320,599.00

3,438,046,772.03

19 KANO

27

11

27

17

14 ENUGU

15 GOMBE

17 JIGAWA

3,697,719,694.27

16

13 EKITI

16 IMO

3,287,636,167.23

18

12 EDO

3,289,492,408.63

13

3,697,400,583.64

3,733,342,901.66

11 EBONYI

18

9 CROSS RIVER

4,568,287,033.39

25

27

8 BORNO

4,123,536,095.58

3,253,369,981.71

4,398,135,234.55

3,655,870,946.38

3,696,770,131.40

3,662,732,644.79

10 DELTA

8

20

5 BAUCHI

23

21

4 ANAMBRA

7 BENUE

31

3 AKWA IBOM

6 BAYELSA

21

2 ADAMAWA

=N=

315,904,137.50

=N=

3,442,974,361.50

13% Share of Derivation (Net)

Gross Statutory Allocation

No. of LGCs

17

Beneficiaries

S/n

5

4

3

1 ABIA

2

1

S/n

Table III

DISTRIBUTION OF REVENUE ALLOCATION TO STATE GOVERNMENTS BY FEDERATION ACCOUNT ALLOCATION COMMITTEE FOR THE MONTH OF JUNE, 2017 SHARED IN JULY, 2017

FEDERAL MINISTRY OF FINANCE, ABUJA

T H I S D AY TUESDAY AUGUST 15 , 2017

45

46

T H I S D AY ˾ TUESDAY, AUGUST 15, 2017

TUESDAYSPORTS

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

SUPER CUP CLASICO

Ronaldo Slammed with Five-match Ban for Pushing Referee Cristiano Ronaldo was hit with a five-match ban by the Spanish football federation (RFEF) on Monday for pushing the referee after being sent off in Real Madrid’s 3-1 Spanish Super Cup, first leg win over Barcelona. The World Player of the Year received an automatic one-match ban for his dismissal on Sunday and an extra four games for his reaction towards referee Ricardo de Burgos Bengoetxea. Ronaldo was also fined 3,805 euros ($4,500) and has 10 days to appeal the ban. Should any appeal fail, Ronaldo will miss Wednesday’s Super Cup, second leg and Madrid’s first four La Liga games of the season against Deportivo la Coruna, Valencia, Levante and Real Sociedad. However, Ronaldo will be free to feature when Madrid start their defence of the Champions League on September 12 or 13. Madrid had already signaled their intent to appeal Ronaldo’s second yellow card shown for diving eight minutes from time when he went down inside the area under pressure from Samuel Umtiti. “Ronaldo’s sending-off annoys me because even if it is not a penalty, the card is harsh,” said Madrid boss Zinedine Zidane after the game. “We will see if we can

do something so that he is available on Wednesday.” Ronaldo was only on the field for 24 minutes after he was introduced as a second-half substitute and fired into the top corner 10 minutes from time to give Madrid a 2-1 lead. He received his first yellow card for removing his shirt in celebration before being shown the 10th red card of his career two minutes later. “Once shown the red card, said player (Ronaldo) pushed me lightly as a sign of his disapproval,” De Burgos Bengoetxea wrote in his referee’s report. According to the RFEF’s rules, such offences are met with a suspension of anything between four and 12 games, but previous cases also resulted in four-game bans. Despite Madrid’s claims Ronaldo had reacted in the heat of the moment, the RFEF judged the push was an “unjustified and disproportionate reaction”. GAMES RONALDO WILL MISS r #BSDFMPOB I 4QBOJTI Super Cup Aug 16 r %FQPSUJWP B -B -JHB Aug 20 r 7BMFODJB I -B -JHB "VH 27 r- FWBOUF I -B -JHB 4FQU r 3FBM 4PDJFEBE B -B -JHB Sept 17

Centre Referee Ricardo de Burgos Bengoetxea (right) sending Cristiano Ronaldo away from the Spanish Super Cup Clasico …on Sunday night

Haniel Hadison Dominates again KPL Basketball: 12 Clubs Struggle for Final Eight in Conference Six Nigerian Basketball Premier Atlantic Conference Six would and Defenders dropped, the six on the competition. He urged at Cargolux Squash Tournament The League, The Kwese Premier see Oluyole Warriors take teams playing the Conference 6 them to ensure they put in their The 13th annual Cargolux Merchant Express Squash Tournament, which served off two weeks ago at the Squash Section of the Lagos Country Club, Ikeja, came to an exciting end on Saturday with Haniel Hadison of Lagos Country Club dominating once again. The defending champion, Hadison, who has won the tournament seven times in the past, brushed aside stiff opposition from last year’s runner-up Dele Obasuyi of Benin Club 3-1 to cart home the top prize at stake in the Men’s Open category. Hadison was in his elements throughout the event as he also defended his title in the Closed Men’s category, beating Bunmi Akpata in the final. Mike Adegoke emerged champions in the Veteran’s Closed category after seeing off the challenge of Deji Sule in the final. Speaking after the game, a highly elated Hadison, who revealed his regret at not becoming a professional squash player, said squash is viewed as an elite sport and urged the Nigeria Squash Racket Federation to focus attention on the grassroots development of the game

so as to attract the younger generation. “I’m happy I defended my trophy, I’ve won a few editions now and credit goes to the almighty God,” Hadison began. “ I started playing much younger, from age group, U-16, U-19 and then stopped there. I was once the U-19 national champion but I couldn’t go further to the professional level due to the job I got. Squash is the only thing I know how to do best but it’s too late for me now to go professional. “Squash is seen as an elite sport but now people like me are changing that perspective. My advice to the federation is to go back to the grassroots, Secondary Schools and create awareness. We also need the media to help us to project this sport,” he concluded. In other games, Mike Nwabuzor of Ikoyi Club beat Layo Olupitan to scoop the prize in the Veteran’s Open category, Busayo Olatunji of Lagos Country Club defeated Faidat Saliu of Kwara Club to win the U-19 female category, while Adegoke Onaopemipo beat his fellow Lagosian Ayomide Oladipupo to win the U-19 male category.

League, Conference Six has been scheduled to dunk off today at the two designated venues across the country. The Atlantic Conference, for teams in the southern part of the country, will hold at the Indoor Sports Hall of the Kwara State Sports Complex, Ilorin, with the top six clubs in the Conference slugging it out to qualify for the grand Final Eight tournament. The Atlantic Conference teams are; Kwara Falcons, Rivers Hoopers, Hoops & Read, Customs, Oluyole Warriors and Police Batons. The opening games in the

on Police Batons at 12 pm, while Hoop and Read take on Customs. The last game of the day would see Rivers Hoopers slug it out against Kwara Falcons. The teams will observe a rest day on Friday, while the competition ends on Sunday. The Savannah Conference six which dunks off at the Indoor Hall of Murtala Square Stadium in Kaduna yesterday had some slight adjustments with Bauchi Nets and Kada Stars of Kaduna replacng Mark Mentors and Defenders of Abuja. With Mark Mentors

are Kano Pillars, Niger Potters, Plateau Peaks, Gombe Bulls, Bauchi Nets and Kada Stars. With Mark Mentors and Defenders dropped, the six teams playing the Conference Six are Kano Pillars, Niger Potters, Plateau Peaks, Gombe Bulls, Bauchi Nets and Kada Stars. The League Director, Mr Ajibarede Bello, said the decision was taken according to the rules governing the league. Factional President of the Nigeria Basketball Federation (NBBF), Tijani Umar, has called on all the Premier League clubs in the country to be focused

best to come out tops for the Final Eight which has been slated for Kano. Umar noted that the efforts by the Musa Kida led NBBF group to scuttle the Kwese Premier League Atlantic Conference from holding in Lagos, was a wide departure from the instructions of the world basketball federation, FIBA, to seek reconciliation at the end of November. “We are waiting for the NOC to open the line of reconciliation in Nigerian basketball. We shall key into it fully,” Umar concluded.

NCC Tennis League: Team VGC Lions, Kalotari Win Away New comers Team VGC Lions of Lagos and Team Kalotari of Port Harcourt over the weekend got victories against host teams in Ibadan and Ilorin respectively. Team Oluyole who were hosting topflight national tennis in Ibadan after almost 35 years, succumbed to fellow new comers 2- 5 while Team Kalotari who placed third in 2015 overwhelmed Team Optiweb of Ilorin 7-0. Former national 18 & under champion Martins Abamu opened the account of the Lagos team by beating Samson Adewale 6-3, 3-6, 6-4. Onyeka

Mbanu followed with a close 7-6, 5-7, 6-4 victory over Sunday Okechukwu of Team Oluyole. Former national top 10 player Lovette Donatus ensured a clean sweep of the three points on offer on opening day by defeating Colleen Orji 6-4, 4-0 (scratch) in the ladies’ singles. Team Oluyole fought back on Sunday claiming one reverse singles and the men’s doubles through Okechukwu who beat George Abamu 6-3, 1-6, 6-2 and the pair of Ganiyu Salami and Kunle Bamidele who bested the Abamu brothers 6-4, 7-6. The VGC Lions, however

made sure of the point by winning one reverse singles and the mixed doubles. In Ilorin, Team Kalotari won all the seven matches without dropping a set to sweep the tie. Christian Paul beat Emmanuel Ikakah in the first men’s singles 6-1, 6-3; Emmanuel Sunday defeated Sunday Emeruwa 6-4, 6-2 and Blessing Samuel outplayed Oluchi Ozurumba 6-3, 6-2 to win the three singles matches on opening day. Ikechukwu Iloputa then paired Paul to win the men’s doubles against Kareem Badmus and Henry John 6-3,

6-4 to put the tie beyond the reach of the host team. The reverse singles and the mixed doubles were a lot closer. Sunday beat Ikakah 6-1, 7-5 and Paul defeated Emeruwa 6-2, 6-3 while Paul and Samuel teamed to edge Badmus and Ozurumba 6-4, 7-5. The two ties completed the first round of matches in the Blue Group with Team Muller, Team VGC Lions and Team Kalotari having one point each. The six teams in each group are expected to play five round robin matches with the best two qualifying for the semifinals and finals.

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MISSILE Jonathan to Okechukwu “It may surprise Okechukwu and his boss to know that the last time Nigeria made progress on Transparency International’s Corruption Perception Index was under President Jonathan when we moved eight places from number 144 to number 136 under Jonathan” – former President Goodluck Jonathan, responding to Director-General of Voice of Nigeria (VON) Mr. Osita Okechukwu, statements over his dismal approach to the fight against corruption during his tenure in office.

TUESDAY WITH REUBENABATI Buhari’s Reunion with His Media Team abati1990@gmail.com

I

was really excited on Saturday when I received news of the eventual visit of President Muhammadu Buhari’s media team to him in London. I had always felt that the exclusion of the media team from the London medical vacation and the various visits practically undermined the Presidential media office, and created the space for the mismanagement of the communication process around and about the President’s illness. I could never have imagined my own boss in our time, travelling without me or shutting me out of any important event. He took my team everywhere. Every President has what is called a Main Body. This comprises his first line of assistants, namely his Chief Security Officer, Aide-de-Camp, Chief Detail, Chief Physician, State Chief of Protocol, Personal Assistant (Luggage), Personal Assistant (Private matters), and of course, the Special Adviser (Media and Publicity)/Official Spokesperson. Whereas other parts of this body face their own challenges, the major problem that the President’s media team often faces is that everyone in the Presidency, and even persons from outside, particularly the na-my-brother-dey-there crowd tend to assume that they know a lot about the media. They probably have an uncle who once worked as a journalist or newspaper vendor, or they happen to know one or two editors or correspondents, who are perpetually telling them how the media team is not doing what it is supposed to do. While other parts of the President’s Main Body are usually civil servants, the Chief Physician and the Special Adviser (Media) are traditionally political appointees, and they are easily the targets of so many people who want their positions. My then colleague, the Chief Physician used to complain bitterly about how on many occasions he had to warn self-appointed physicians who used to recommend vitamins and other drugs for the President behind his back. In the corridors of power, the jostling for power, territory, and space could be psychologically crippling and emotionally corrosive. I recall in particular, how in those days, (indeed, yesterday is beginning to sound like those days!), some persons used to draw attention to how the media is managed in the US White House. After a while, I started asking them: “have you ever worked in this White House, that you talk so eloquently about?” Now, we have seen a different White House under President Donald Trump, and hence, when I call up “the White House experts”, their only response these days is that “it is not easy.” Of course, no part of Presidential work is easy. There is also no standard formula for serving a President. No two presidencies are alike in any way. The nature and character of an executive Presidency is determined by the style/temperament/ competence/choices of the individual President and the circumstances of his tenure, and it is these same factors that account for the differences between great, mediocre and bad Presidents. To each category, history is the eventual judge. Nonetheless, I thought it was wrong to have kept President Buhari’s team out of the London trips. The core team should have been there all the time to take photographs, issue statements, if needed, organize video recordings, liaise with local journalists, and manage “inconvenient” journalism and public perception. But what did we have? The various pictures taken of the President until the visit by his media team, looked like photos taken by quacks. The President was presented as if

Buhari he was a statue, or at best, as a sick man propped up for photographic effect. Nobody even paid attention to his wardrobe. I imagined that some characters would have filled the gap left by the absence of the media team, and would have been busy taking pictures with a miserable gadget, not knowing that photos are meant to tell stories and that they are taken with the brain. Whoever was behind that newspaper vendor style of journalism did the President a disservice and was responsible for most of the damage that was done. The real damage was that Nigerians did not believe the official narrative, they concluded that the pictures were photo-shopped or that they were old pictures and that there was an attempt to hoodwink the public. It didn’t help that whoever took those early pictures focused on the President’s weak points: his fingers and arms in a poor pose, for example. But the game changed the day Bayo Omoboriowo accompanied seven governors to London to see the President. With five pictures, the President’s official photographer showed him in better light. The photographs presented him as a living being. Every Presidential assistant is as important as the amount of access and empowerment that he/she enjoys. Many Presidents undermine their media team, as US President Trump has done. I consider the visit to London by President Buhari’s media team, a form of rehabilitation, for the team and for the office. The meaning of that visit was not lost on the team either. Alhaji Lai Mohammed, on his arrival at the Abuja House, looked like he had been grinning about 100 metres away before he met the President. When the President extended his hands for a handshake, Alhaji Lai Mohammed did a Nigerian version of the Cameroonian Bidoung challenge. He bowed close to 90 degrees. Even when the President took another person’s hand, Lai Mohammed was still busy bowing. When the President praised him, he grinned so much, I thought he was going to prostrate! My brothers, Femi Adesina and Garba Shehu didn’t bow, they stayed professional, but I have never seen both former Presidents of the Nigerian Guild of Editors grin so enthusiastically! Lauretta Onochie was probably the biggest beneficiary of the visit. Considered by opposition activists a footnote in the Presidency pretending to be a valuable attack dog, her inclusion in that trip has elevated her relevance. She still has a lot to learn on the job though, especially from the

masters of the attack dog game in Nigerian politics: the inimitable and talented Femi Fani-Kayode, the grandmaster of this chivalric Order, Doyin Okupe, the senior warden of rebuttals, Lai Mohammed, Ayodele Fayose, Reno Omokri, Lere Olayinka, Deji Adeyanju, and Jude Ndukwe. Given the nature of Nigerian politics, future Nigerian presidents will certainly need the services of these dogged political fighters to complement the officialdom of Presidential spokesmanship. Lauretta Onochie has a lot to learn from them, albeit she is doing much better than the pathetic play-safe crowd in the Buhari team but the London recognition should further empower her. Abike Dabiri-Erewa was also in London, curtseying with both legs and hands; she was described in the reports as Senior Special Assistant on Diaspora Matters, but I guess she was included in the team in her professional right as a seasoned broadcast journalist. Bayo Omoboriowo, the official photographer, was also in attendance and when it was his turn to have a Presidential handshake, he grinned and shook so much he almost staged an Olamide-inspired Wo-challenge. I hope he remembered to inform the President that his wife had just been delivered of twins and that being a father of twins has serious implications in Yorubaland! Together, the team delivered a professional reportage. Brilliant. Different. Good moment for the Presidency’s Media Department. Whereas previous coverage before the Governors’ visit showed the President in an unconvincing manner, his media team has managed to show him in a three-dimensional frame. We saw him sitting, standing, and walking. He shook hands. He talked. His wardrobe was different. He appeared animated and alive. With that visit, many doubts have been laid to rest through the power of media. We now know that Buhari can talk. Dirty-minded persons may even stretch the matter and imagine that our President has been engaging in “the other room” skelewu in London. The media team has also managed to establish that medication or not, Buhari remains in charge. He is still President and he is not incapacitated. In the kind of system that we run, there cannot be two Presidents at a time. When you have a living and breathing President, be he in Iceland or Antarctica, for whatever reason, he remains the President. This, thus, creates a special problem for Acting President Yemi Osinbajo. The combined interpretation of the to-ing and froing to London to visit President Buhari is the impression that whereas Acting President Osinbajo has an office, transmitted to him constitutionally in the light of Section 145 of the 1999 Constitution, he has neither the power nor the authority of that office, or he is not being allowed to enjoy the full benefits of his legal status. This puts Nigeria in a lurch, technically and pragmatically and let no one make any bones about that. What is worse is the declaration by the media team that the President’s return now lies in the hands of his doctors and he is resolved to obey their orders. It is tragic that Nigeria’s sovereignty, which resides in part in the office of the President, has been ceded to UK doctors. They alone can determine when Nigeria can have its President back in the homeland. Saddening as that situation is, not even the Queen of England or the British Prime Minister has deemed it necessary to visit President Buhari or seek audience with him.

This egregious insult is well-deserved by Nigeria and other African countries whose leaders embark on medical tourism to Europe, Asia and North America. The intelligence agencies in these countries have all the strategic information on our leaders and country, but we are happy to play third fiddle in global politics. In 2050, Nigeria’s population is likely to be over 300 million, with some of the youngest people in the world being Nigerians. If by 2050, we do not have enough good hospitals and medical facilities to take care of our people, we would be a doomed nation. This is not a task for Buhari’s media team. But just as they tried to put out a fire in London, another had already started at home. By the way, a Presidential media department is a Fire Service office and an ambulance operation. There is always another fire next time and victims in need of desperate rescue. In the present instance, a group called “Our-mumu-don-do” group, led by Charly Boy, the self-acclaimed Area Fada of Frustrated Nigerians had begun a protest in Abuja asking President Buhari to resume office or resign. They were echoing the protests of those who have argued that the Nigerian electorate voted for a President not an absentee one, that they voted in the expectation that their President would stay in office and serve them, and did not expect that the President would become an apparition or a London-based tourist and museum attraction. Charly Boy, 66, went out with his pro-democracy troops, but they were tear-gassed and harassed by the police. They were accused of engaging in unlawful pro-corruption and irresponsible activity that was hijacked by hoodlums. That of course is stupid talk. At issue was the right of every Nigerian to protest without being molested, and the right to free speech. When free speech is denied, hate speech is encouraged. It is ironic that the same government that is so concerned about hate speech is the same one promoting it. Meanwhile, sycophantic speech is encouraged. To counter the Charly Boy group, someone organized a pro-Buhari group, which has been busy dancing around Abuja proclaiming that Buhari will win the 2019 election, denouncing those who want him to resign. I have taken a look at this group and they look like a bunch of hoodlums, every one of them, but they have so far enjoyed police protection and the government is very happy with them. When government gains one thing with one hand, some other characters remove it with another hand. This is the sign of the times. But there are unresolved questions that will not go away just like that. For how long will the President remain on medical vacation in London, even when the Constitution, the country’s basic law, is silent and ambiguous on this score? What is the actual cost of the President’s absence in a context that disallows the transfer of power and authority in the presence of an apparently living and said-to-be-capable President who is otherwise indisposed? I’ll not ask that the visits to London be stopped, in case that is part of the doctors’ therapy, but it is ridiculous and insensitive that government officials are now visiting the President in medical exile, with some of them posing for photo-ops with their children. Our President should not be turned into a tourist attraction and the Abuja House in London should not become a museum.

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