$1bn Inflow Catapults Nigeria’s Stocks to Among World’s Best Market pares last week’s losses as ASI rises by 1.22% Goddy Egene with agency report Nigeria’s stocks have been rated among the world’s best-performers in the past four months, and foreign investors are a big reason for that, Bloomberg reported
yesterday. The New York-based financial software, data, and media company said net foreign inflows to Nigerian equities totaled N337 billion
($940 million) last year, the first time flows have been positive since at least 2013. It said December 2017 was the best month since Bloomberg started compiling
data at the beginning of 2014, with net inflows of N140 billion, signaling a switch in sentiment towards equities in Africa’s biggest oil producer. According to Bloomberg,
foreign investors were heavy buyers of Nigerian shares last year. “Nigerian equities have gained in allure for international traders, thanks to
NNPC: FG Owes Us N170.6bn Subsidy Payments… Page 42
the rise in Brent crude prices to around $70 a barrel and an easing of dollar shortages, which are helping Africa’s largest economy recover from its worst slump in 25 years. “They’re also attracted by Continued on page 8
Tuesday 30 January, 2018 Vol 23. No 8321. Price: N250
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Again, Herdsmen Sack Benue Community, Kill Four in Plateau… Page 6
Splitting Opposition, a Third Force May Help Buhari’s Re-election Tobi Soniyi in Lagos President Muhammadu Buhari may have been handed an easy pathway to hold on to power in the 2019 elections, as the opposition splits between the Peoples Democratic Party (PDP) and the plethora of splinter groups planning to wrest power from him under Continued on page 6
INEC Gives Electoral Act Conditions Says law must be passed six months before polls Onyebuchi Ezigbo and James Emejo in Abuja The Independent National Electoral Commission (INEC) has said it would only comply with the amendments to the Electoral Act 2010 if it is passed into law six months before the next general election. The commission spoke yesterday through its National Commissioner, Continued on page 6
Vice-President Yemi Osinbajo and son of the deceased, Mr. Goodheart Ekwueme, look on as officers adjust the Nigerian flag on the casket bearing the body of the former Vice-President, the late Dr. Alex Ekwueme, when it arrived the Presidential Wing of the Nnamdi Azikiwe International Airport, Abuja... yesterday
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Again, Herdsmen Sack Benue Community, Kill Four in Plateau George Okoh in Makurdi and Seriki Adinoyi in Jos Suspected herdsmen for the umpteenth time went on the rampage yesterday sacking the Tse-Torkula community in Guma Local Government Area of Benue State, the ancestral home of the immediate past paramount ruler of Tiv, Ochivirigh Akawe Torkula, leaving scores injured and several people trekking for a long distance to Makurdi, the state capital. In neighbouring Plateau State, fresh attacks by suspected Fulani herdsmen also left four persons dead at three Miango villages in Bassa Local Government Area. According to an eyewitness, the herdsmen stormed TseTorkula village very early in the morning burning houses. He said: “They came in their hundreds shooting and chasing us away. We are yet to ascertain
the number of deaths but a lot of our people are missing.� Governor Samuel Ortom confirmed the attack but said investigations were still on going to give an accurate account of the incident. This is just as the PresidentGeneral of Mdzough U Tiv and tribal leader of the Tiv speaking people, Chief Edward Ujege, yesterday warned against fake news and claims by the herdsmen that Tiv militias had killed 73 of their cattle in Kadarko, Nasarawa State, as reprisal for the new year day attacks that led to the deaths of 73 persons, stating that the claim was baseless and a mockery of the Benue people. Ujege who spoke in Makurdi said: “The report is no doubt a mockery of one of the saddest periods in the lives of the Tiv people, Benue State and indeed the entire Nigeria, when 73
people including children, pregnant women and old men were murdered by Fulani herdsmen on new year day and were given mass burial in Makurdi, the Benue State capital. “It is very unfortunate that the fabricators of the phantom attacks in Nasarawa State have chosen to further ridicule and add insult to the injury and pain of the Tiv people by seeking to equate the same number of cows with those murdered in the new year day attacks on communities in Logo and Guma Local Government Areas in Benue State. “We consider it the height of insensitivity, brutality and impunity that a group of people will reduce the precious lives of human beings to the same level and status with herds of cattle.� In Plateau State, fresh attacks
by suspected Fulani herdsmen in three Miango villages in Bassa Local Government Area left at least four persons dead yesterday. The early attacks on Tafi Gani, Ariri and Nzhweego villages also left several houses and a 7km vegetable farm burnt. Five of the attackers were however apprehended by the gallant youths of the area, who attempted to lynch the attackers before they were rescued by the military Special Task Force (STF) which then took them into custody. Confirming the attack, the National President of the Irigwe Development Association (IDA), Mr. Sunday Abdu, expressed concern that the military who rescued the attackers, who were all middle aged Fulani men in their, was reluctant to parade them before the press. Speaking during a security meeting convened in Jos by
the STF for stakeholders from Miango community, he called on the Fulani community and the Plateau Peace Building Agency to deliberate on the way forward, noting that the Fulani have never kept their part of the bargain for peace to prevail. Abdu alleged that the Fulani have continued to attack the natives in spite of several peace meetings. But reacting, a Fulani leader, Ardo Wada Waziri, dismissed Abdu’s claim, saying the Fulani could not be blamed for the killings without any evidence. He accused the locals of stealing their cows and attacking herders without provocation. The Commander of the STF, Maj-Gen Anthony Atolagbe, appealed for suggestions that would end the conflict rather than trading blame. He also appealed to the media to be patient, saying he convene
a special conference to parade the apprehended suspects in due time. Meanwhile, the Plateau Youth Council (PYC) has blamed the resurgence of Fulani herdsmen attacks in the state on the failure of government in its primary responsibility of securing lives and property. In a statement by its chairman, Dr. Fabong Jemchang, the group observed that the farmersherders’ conflict represents an existential threat to the people of the state without any cogent policy by government to curb it. It added that while the PYC acknowledges and understands the sensitivity of the issue and the emotions that it evokes, the dangerous, and in many instances, false statements and misrepresentation of facts that have characterised the debate on the conflict, had been quite troubling.
certainty for uncertainty, explained the APC chieftain. “There are too many factors working against those trying to form a new party: One is the fear of the unknown; why would anyone leave a winning team for one where there is uncertainty. “The second is the issue of power rotation. Most major parties would likely field presidential candidates from the north. So if any of the parties other than the APC wins, this will mean that the presidency will most likely remain in the north for 12 years. “For southerners in the APC eying the presidency in 2023, they would be better off staying behind to back Buhari who would only have four more years to go,� he said. But a former governorship aspirant in Ekiti State, Akin Osuntokun disagreed. He said: “They will all (politicians opposed to Buhari and APC) converge at some point.� He insisted that since necessity is the mother of invention, “the momentum for Buhari’s ouster is unstoppable including in the north�. “APC itself is headed for a massive implosion,� he said.
SPLITTING OPPOSITION, A THIRD FORCE MAY HELP BUHARI'S RE-ELECTION the aegis of the "Third Force". THISDAY checks reveal that those hoping to wrest power from Buhari through what has been termed the “Third Force� - an idea of a third political platform floated by former President Olusegun Obasanjo - are finding it difficult, despite several meetings to agree on the modus of how to go about forging a political party that can give the ruling All Progressives Congress (APC) and the Peoples Democratic Party (PDP) a run for their money in the elections. Except the disparate politicians and groups are able to coalesce as it was done before the 2015 elections when the defunct Action Congress of Nigeria (ACN), Congress for Progressives Change (CPC), the All Nigeria Peoples Party (ANPP) and a faction of the All Progressives Grand Alliance (APGA) merged with a section of PDP, to defeat the then ruling PDP, the plan to defeat Buhari has so far failed to gather momentum. But it may be early days yet. According to a politician conversant with the realignments going on in the polity, he explained that with too many so-called Third Forces working at cross purposes and unable to agree on a common
ground, Buhari remains on solid ground to win re-election. He said: “From what I can tell, Buhari and his apparatchik like the Third Force or Forces because it will splinter the opposition. “He will only be concerned if there is a mass movement or defection to a single party who would present a formidable opposition because that will weaken his chances at the poll. “As it stands, there are too many personal ambitions and egos that are clashing.� Many serving and former governors "feel it is their turn to be president" and personal ambition is getting in the way of the fledgling opposition. And "none of these secret candidates are able to chest out and be counted except former Vice President Atiku Abubakar." Following the proposal by former President Olusegun Obasanjo for the formation of a Coalition for Change, many interest groups including registered political parties have shown interest in forming a Third Force to oust Buhari. One of such groups is the Nigeria Intervention Movement, which is not a political party per se, but is rallying professionals, civil society groups and activists to support credible candidates
in different political parties. Another of such groups is an amorphous group of political leaders, serving and former governors and National Assembly members, as well as retired military leaders who have been meeting in places like Dubai, Saudi Arabia and London to fashion out a modus vivendi for a new major party that will challenge the ruling APC and the PDP. Although the political leaders have bought into the formation of a third major political party and are waiting in the wings to step out once it is formed, they are conscious of the fact that there may be insufficient time to get it registered by the Independent National Electoral Commission (INEC) before the elections. Accordingly, the politicians are on the hunt for one of the already registered political parties that they could use as a platform to actualise their goals. However, a chieftain of the APC in Ogun State who also spoke to THISDAY, dismissed the emergences of the so-called Third Forces, saying that there is insufficient time for the emergence of a major political party with entrenched structures at the grassroots where the
elections are won and lost. “At the end of the day, it is truly through the grassroots at the local government level that you can win elections. “So as long as these people are unable to form an alliance like the type we had with APC in 2013, they will not have the structures at the grassroots to give the president a run for his money. “Many of them are merely popular on the pages of the newspapers and lack real electoral value to defeat an incumbent president,� the APC chieftain who did not want to be named, said. He further recalled that the reason the PDP was able to hold on to power for 16 years was because there were too many smaller and weaker political parties that could not challenge its hegemony. He noted that the APC was registered in 2013, which gave it more than 18 months to get its act together, also pointing out that it took for the PDP to break up before the APC got the right momentum to unseat the then ruling party. “It took the formation of the APC in 2013 for the PDP to be ousted in 2015, and it still took for the break up of the PDP for the APC to get
the needed momentum, so as long as these groups remain disparate, it will be difficult to unseat Buhari,� he added. THISDAY further learnt that some of the politicians behind the Third Force that are seeking to form a political platform or party are not doing so for altruistic reasons but merely looking for an avenue to actualise their personal ambitions. Also, in the south western part of the country, many are wary of teaming up with the proponents of the Third Force led by politicians for fear that any other northerner who rides on the back of the platform to power would want to do two terms of eight years, and when added to Buhari’s four years, this would mean that power will remain in the north for 12 years while they believe "with Yemi Osinbajo as Vice President all they need do is wait for more years for power to return to the South West". The reasoning in the southern part of the country, according to THISDAY checks, is to back Buhari for a second term with the understanding that he will in turn support the transfer of power back to the south after his second term. Many don’t want to abandon
that there was a six-month timeframe for amendments to the Electoral Act. “Practically, there is the ECOWAS protocol discouraging amendments to the Electoral Act in less than six months to an election and we still have more than six months.� Meanwhile, the National Chairman of United Progressive Party (UPP), Chief Chekwas Okorie, has said that his party was in support of plans to alter the sequence of the next general election. Okorie who spoke to THISDAY on the sidelines of the event organised by the Electoral Institute, said: “I want to commend the National Assembly for altering the order of the elections. “This is the argument we have made in the past. It appears Solomon has come to judgment, where the
presidential election should come last, so that those people contesting for elections will do so on their own merit and on their own steam and not ride on the back of a winning presidential candidate, which eventually will give you a lopsided National Assembly and that would not checkmate the executive arm of government.� On her part, the national chairman of the newly registered Mass Action Joint Alliance Party (MAJA), Ms. Chika Ibeneme, bemoaned a situation whereby the leadership of political parties imposed candidates on its members, ignoring the electoral process. On the plan of her party for the 2019 general election, the MAJA chieftain said youths between the ages of 18 and 35 years would be given a waiver to obtain nomination forms for free.
On how best to solve the problems afflicting the country, she said the solutions were not in formation of new parties and coalitions but through a determination to fight poverty and to increase food production for Nigerians. The guest lecturer, Prof. Jibril Ibrahim, said there was need for political parties to abide by the dictates of internal party democracy by ensuring that only aspirants that have the highest votes at the primaries emerge as their candidate. While recounting what happened in 2011, he said INEC tried very hard to monitor party primaries and conventions but the
INEC GIVES ELECTORAL ACT CONDITIONS Prof. Okechukwu Ibeanu, who represented the National Chairman, Prof, Mahmood Yakubu, during a function at the Electoral Institute in Abuja, asserting that the amendment by the lawmakers was still a proposal, which would need to scale through some hurdles before becoming a law. Against the background of the proposed amendment to the electoral law altering the sequence of the 2019 general election, which was passed by the House of Representatives, the INEC boss said as a law-abiding organisation, the commission would obey the amendment once signed into law. He said: “INEC works with the Electoral Act. If there is a legitimate amendment to the Act, INEC will have no option than to obey, but that must happen first. “Like I said, the role of INEC is to conduct elections
based on the law; if there is a legitimate amendment to the Electoral Act, INEC will obey it.� Under the proposed amendments, the National Assembly election would hold first, followed by the governorship and state Houses of Assembly elections. The presidential election would be conducted last. INEC, in its timetable released on January 9, had scheduled hte presidential and National Assembly elections for February 16, 2019 and governorship and House of Assembly for March 2, 2019. Ibeanu said: “It is still a proposal by the House of Representatives. I think it is still going to enjoy the concurrence of both chambers of the National Assembly for harmonisation.� On the timing of the amendment with regard to the elections, Ibeanu said
commission had its hands tied when the courts pronounced that the parties had the final say on who to give their ticket. Continued on page 8
TOP GAINERS DIAMONDBANK TRANSCORP C&I LEASING FIDELITYBANK NPFMFB TOP LOSERS DANGSUGAR REDSTAR ROYALEXCHANGE
NGN NGN 0.26 2.90 0.20 2.25 0.0.15 1.70 0.34 3.88 0.14 1.62 NGN NGN 1.00 20.95 0.25 5.25 0.02 0.48 PRESTIGE 0.02 0.48 ABCTRANSPORT 0.02 0.48 HPE Nestle Nig Plc â‚Ś1,500.00 Volume: 573.349 million shares Value: N5.879 billion Deals: 6,756 As at yesterday 29/01/18 See details on Page 31
% 9.8 9.7 9.6 9.6 9.4 % 4.5 4.5 4.0 4.0 4.0
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NEWS
Tributes as Osinbajo, S’East Govs Receive Ekwueme’s Body Christopher Isiguzo in Enugu and Kasim Sumaina in Abuja It was a day of tributes as Vice-President Yemi Osinbajo and governors of the South-east yesterday received the body of former vice-president the late Dr. Alex Ekwueme, who died in London last November. While Osinbajo took delivery of the body at the Presidential Wing of the Nnamdi Azikiwe International Airport, Abuja, the South-east governors received the remains at the Akanu Ibiam International Airport, Enugu. Speaking on behalf of the federal government, Osinbajo, who led cabinet ministers and other senior officials to the reception ceremonies, described the late deputy to Second Republic President Shehu Shagari as a committed statesman who gave his best to the country. He said: “I am deeply honoured on behalf of the President, Commander in Chief of the Federal Republic of Nigeria, President Muhammadu Buhari, and government and people of Nigeria to receive the body of the first elected Vice President of Nigeria, Dr. Alex Ekwueme. “As we receive his body this morning, we are reminded of his selfless service to the nation, to our region, to Africa and indeed the world.� Osinbajo said Nigerians would be reminded of Ekwueme’s commitment to the timeless ideals of integrity, loyalty and kindness to all and thanked God for giving the country 85 years of his life. According to the vicepresident, “When he was asked what his visions are for the country, he said, ‘I would want to see Nigeria be a nation, not
just a country’. “Those words tell us how committed he was to the unity of this country and I pray that in death, and as we remember him, that this would not only encourage us but also cement the relationship between all of the people and nationalities of this country so that we could become and remain one. “We thank the Almighty God for his family and all of us who he has left behind and we pray that his great wishes for this nation and all that he sacrificed for will not be in vein.� Anambra State deputy governor, Dr. Emma Okeke, who represented the governor of the state, while speaking to newsmen at the Abuja airport, said: “I think what we all need is to be steadfast; if you believe in something do it and continue to stand out. “Apart from the qualities, we all know he had as a Nigerian,� he said the deceased was a man who always stood by what he believed in. He said Anambra State would decide on what to do in terms of immortalising the former vice-president after his burial, adding that the governor would honour the late vice-president. Ekwueme’s body was later in the day received at the Akanu Ibiam International Airport, Enugu, by governors of the South-east zone and the President General of Ohanaeze Ndigbo, Chief Nnia Nwodo, even as the Archbishop of Anglican Church, Enugu Province, His Grace, Dr. Emmanuel Chukwuma, faulted the federal government over its claim that it had spent N1 billion for the burial of the late elder statesman.
IN HONOUR OF EKWUEME... Former Vice-President Atiku Abubakar (left) and former Chief of General Sta, Navy Commodore Ebitu Ukiwe (retd.), at the night of tributes held in honour of a former Vice-President of Nigeria, the late Dr. Alex Ekwueme, at the International Conference Centre, Abuja‌ Sunday The body of the late former vice president was flown from Abuja in a Nigeria Air Force plane marked NAF 918. The plane landed in Enugu at 2:08 p.m. At the brief airport reception were the Chairman of Southeast Governor’s Forum, Chief David Umahi of Ebonyi State, Dr. Willie Obiano (Anambra State), Chief Ifeanyi Ugwuanyi (Enugu State), and Mr. Rochas Okorocha (Imo State). Other dignitaries at the airport were Nwodo; Archbishop Chukwuma;
the National Chairman of United Progressive Party, Chief Chekwas Okorie; Speaker, Ebonyi State House of Assembly, Mr. Ogbonnia Nwaifuru, who led all the members of Ebonyi assembly; and Secretary to the State Government of Ebonyi State, Prof. Bernard Odeh, who led the state’s cabinet. The governors took turns to pay their last respects to the late vice-president. The Enugu Chamber Choir led by Nonso Offiah and African Vocals led by
Hyacinth Ogbu sang during the reception. Bishop Chukwuma who prayed for the successful burial of Ekwueme, described the remarks credited to the Minister of Labour and Productivity, Dr. Chris Ngige, that the federal government had spent N1 billion on the burial as unacceptable and asked the government to explain the whooping expenditure, stressing that Ekwueme was a man of integrity whose death and burial should not be politicised.
Chukwuma described Ekwueme as a great politician that would never be forgotten. “We are happy that the government is giving him a befitting burial, but one thing is that people should emulate the legacies he left behind,� he said. An interdenominational church service will hold in his honour today at the Good Shepherd Anglican Church, while a commendation service is scheduled for tomorrow at the Michael Okpara Square, Enugu.
$1BN INFLOW CATAPULTS NIGERIA’S STOCKS TO AMONG WORLD’S BEST what remain among the cheapest valuations on the continent. “The turnaround has seen investors pile into the New York-based Global X MSCI Nigeria ETF this year, too. “That’s increased the exchange-traded fund’s market capitalisation to almost $100 million, triple the size of a year ago,� Bloomberg said. The world-beating rally in Nigerian stocks might not be over yet, adding that the
main equity index in Africa’s biggest economy had surged 12 per cent in the first two weeks this year in dollar terms, the most among 96 major bourses tracked by Bloomberg, pushing it to the highest level since 2008. It said the advance would probably be sustained thanks to rising prices for oil, Nigeria’s main export, and as investors look to increase their holdings of what remained among the cheapest stocks in Africa.
“Still, there are some warning signs. The 120-day correlation between Nigerian stocks and Brent crude is now around the highest in two years. If oil prices reverse their 45 per cent climb since June, Nigerian assets could take a hit. “That’s one reason HSBC Holdings Plc has a negative outlook on the stocks. The U.K. bank also says Nigeria will have to free its currency further. “While the central bank
eased some capital controls last year and opened a trading window for foreign portfolio investors, it continues to operate several exchange rates.� It warned that Nigeria’s multiple exchange rate system was likely to remain a key drag, keeping long-term investors on the sidelines. After four trading days of losses last week, the Nigerian bourse closed on a positive note yesterday as the Nigerian Stock
Exchange (NSE) All-Share Index appreciated by 1.22 per cent to 44,306.48, while market capitalisation rose to N15.8 trillion. The bulls dominated trading with 41 stocks appreciating while 12 recorded losses. Diamond Bank Plc led the gainers chart with 9.8 per cent, trailed by Transcorp Plc with 9.7 per cent, while C & I Leasing Plc and Fidelity Bank Plc chalked up 9.6 per cent apiece.
Conversely, Dangote Sugar Refinery Plc and Red Star Express led the losers, shedding 5.5 per cent each. Royal Exchange Plc and Prestige Assurance Plc followed with a decline of 4.0 per cent apiece. Investors traded 573.349 million shares valued at N5.879 billion in 6,751 deals, showing a decline of 39.2 per cent, compared with 944.862 million shares worth N7.125 billion exchanged in 8,166 deals last Friday.
were generally resource consuming, she said the House in particular and the National Assembly would support the electoral body to enable it hold all scheduled elections successfully. Dukku said: “Unlike in the past, previous budgets have not been productive due to lack of effective planning by government, the present administration seems to be addressing the issues with budgeting especially with regards to funding.� In his remarks, Yakubu said the commission was working with the
Nigerian Communications Commission (NCC) to deploy smart cards, which could transmit election results from the polling units directly to the collation centers to eliminate interference while in transit. He said a lot of things happen during the movement of results from the polling stations to the collation centers and that the commission was strategising on deploying technology to surmount the challenge. He said there would be an encryption of the processes using biometric and special
SIM cards to transmit data to the data centre. He said the continuous voter registration exercise would progress until 60 days to the elections to give allow more Nigerians to participate in the elections. The commission is seeking approval for N45.5 billion for 2018. It consists of personnel costs of N21.4 billion and overheads of N4.1 billion, electoral expenses of N18.9 billion and a capital component of N927 million. The budget is distinct from the election appropriation,
which is not yet ready. The INEC boss, who said implementation of the elections was not a concern for the commission since it is funded on a first line charge, complained of inadequate resources to meet its obligations due to a “very tight envelope�. He said about 68 political parties were expected to take part in the 2019 elections, coupled with several other elections it would have to organise. He added the commission has over 894 offices to run nationwide.
INEC GIVES ELECTORAL ACT CONDITIONS According to Jibril, the result of parties’ non-adherence to their constitutional provisions led to the imposition of candidates who lost woefully at the elections. Meanwhile, the chairman, House Committee on Electoral and Political Matters, Hon. Aishatu Dukku (APC, Gombe), yesterday asked INEC to vacate all rented offices in order to be seen as truly independent. She said occupying rented buildings has the potential of affecting the credibility of its operations.
This is as the commission’s chairman, Yakubu, said its budget for the 2019 general election would soon be ready and submitted to the parliament for approval. Both spoke at the budget defence session of INEC in the lower legislative chamber. Dukku said INEC’s budget should be made to show widespread public accountability and transparency by the commission, which would be a significant reform and have a multiplier effect on electoral reforms. Noting that elections
T H I S D AY TUESDAY JANUARY 30, 2018
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TUESDAY JANUARY 30, 2018 ˾ T H I S D AY
NEWS
News Editor Davidson Iriekpen Email davidson.iriekpen@thisdaylive.com, 08111813081
Buhari Rallies African Leaders to Create Single, Unified Market AU member states adopt common aviation market, to float carrier Omololu Ogunmade in Abuja President Muhammadu Buhari yesterday canvassed the speedy establishment of a single and unified market in Africa to increase trade, create more jobs and reduce poverty. In a statement, Senior Special Assistant to the President on Media and Publicity, Malam Garba Shehu, said Buhari made the call while presenting Nigeria’s position on Niger President Mahamadou Issoufou’s report on the establishment of a continental free trade area (CFTA) and related issues at the 30th Ordinary Session of the Assembly of Heads of State and Government in Addis Ababa, Ethiopia. He quoted the president as saying,“It is Nigeria’s position that as African leaders and principal architects of our union, we must now speed up action to conclude the negotiations and establish the CFTA.” According to him, even though the continent has missed the timeline set by the African Union (AU) in January, 2012, to establish CFTA in 2017, African leaders still have the opportunity to set it up by March 2018. He insisted on CFTA creation, arguing that it will drive growth and integrate African market for goods and services. “In a rapidly changing global economy, with much uncertainty, we believe that the establishment of a CFTA would provide Africa
with tremendous opportunity to achieve significant growth driven by intra-African trade. “The primary objective is economic namely, for trade in goods and services on the continent. A single, unified market would lead to a comprehensive and mutually beneficial trade agreement amongst African Union Member States. If we integrate Africa’s market for trade in goods and services, we will not only double intra-African trade, but also negotiate with other regions or continents on trade matters. “If we increase our trade, we grow faster, create more jobs and reduce poverty. Thus, with CFTA, our continent will be more integrated, united and prosperous. “CFTA will carry significant welfare gains associated with increased production, consumption and revenue. It will generate more economic growth, enhance efficiency and support enterprise and innovation,” he was further quoted. Stressing that it will “be another step in uniting Africa and consolidating the architecture of the AU,” Buhari added: “The establishment of the CFTA is also the first step for the African Union in the implementation of ‘Agenda 2063’ for the socio-economic transformation of the continent as well as being a building block in the achievement of the goals of the 1991 Abuja Treaty on the African Economic Community.” He described Issoufou as the
“AU Champion for the CFTA,” whose work “has significantly advanced our goal to conclude and launch the CFTA.” He also lauded the technical support provided by the AU Commission, with a Nigerian serving as the Chairman of the Negotiating Forum and Chairperson of the AU Ministers of Trade. Meanwhile, 25 of the 55 countries which make up the AU yesterday in Addis Ababa, Ethiopia, sealed an agreement to commence the operation of a single air aviation market. Tagged: ‘Single African Air Transport Market (SAATM)’ policy, the move which has been described as a flagship
project of AU, seeks to create a single unified air transport network in Africa. The policy was conceived to liberalise civil aviation in Africa and boost economic integration. The event, which took place at the AU summit in the East African country, has been described as a renewed move to boost interconnectivity, force down air fares and foster economic growth in Africa. This came as the Minister of State for Aviation, Hadi Sirika, told journalists on the sidelines of the summit that Nigeria was determined to launch a new national carrier. Following the unveiling of the
single aviation market, Nigeria, South Africa and Kenya became the first set of countries to embrace the initiative which has been in the pipeline for over three decades. The plaque commemorating the initiative was unveiled by AU Chairman and Rwandan President, Paul Kagame and the Chairperson of the AU Commission, Moussa Faki. Speaking at the event, the AU Chairman celebrated the eventual realisation of SAATM for Africa. “I want to say a big thank you for the work the Commission has put into this, to be able to form a single air transport market which is very important for the development of our continent in line with our many projects that
will take us to our wishes for the year 2063. “I am glad that we can achieve some of these now or tomorrow, especially this particular project. I am happy for associating myself with the progress that we have made so far,” he said. Consequently, Kagame named the President of Togo, Faure Gnassingbe as the driver of the full implementation of the policy. In his own briefing, Sirika said following the launch of SAATM, the federal government would hasten plans to unfold a national carrier. According to him, the initiative is ladden with several benefits including increased investments, job creation, among others.
FG Deports Cameroonian Separatist Leaders Indications have emerged that the federal government has deported the 12 Cameroonian separatist leaders who were arrested earlier this month, their lawyer, Mr. Femi Falana (SAN), told Premium Times yesterday. They were reportedly deported last Friday. Julius Ayuk Tabe and 11 others were arrested at Nera Hotels Abuja on January 6 and were detained at the Defence Intelligence Agency (NIA), said Falana who has been providing legal support for them. The detainees were largely held incommunicado, which included denial of access to their lawyers, doctors and family members. However, the Deputy Representative of the office of United Nations Commissioner for Refugees to Nigeria and ECOWAS, Brigitte MukangaEno, was allowed to visit them in detention last week, Falana said. The treatment prompted the lawyer to file a fundamental rights suit to enforce the rights of their clients. The Muhammadu Buhari administration was criticised for arresting the leaders in a defiant departure from Nigeria’s longstanding policy of being sympathetic towards
freedom fighters. Nigeria was widely praised for its support for the struggle against apartheid in South Africa. Falana said the Nigerian government was ashamed to announce the deportation, which is being celebrated by Cameroonian authorities as a major victory in their clampdown on Tabe and other leaders of the self-proclaimed Ambasonia state in English-speaking parts of Cameroon. About 39 other Ambasonian separatist leaders who were detained in Taraba were also reported to have been sent back to Cameroon on Friday by the Nigerian government. Cameroonian authorities said they have the men and vowed to put them through a thorough trial for their alleged offences. “The group of 47 terrorists, among them Mr. Ayuk Tabe, has for some hours been in the hands of Cameroonian justice, before which they will answer for their crimes,” Cameroonian Communications Minister Issa Tchiroma Bakary said in a statement reported by Reuters yesterday. Falana condemned the deportation as “contemptuous of the proceedings pending before the Federal High Court.”
SPECIAL GUEST OF HONOUR
L-R: Senior Vice Presdent, CVL, Rasheed Adegbenro; Executive Director, Corporate Services, Mrs Frances Ukabiala; former President, Chief Olusegun Obasanjo; Founder of CVL, Prof Pat Utomi; and Jide Ogunsus, when the group led a delegation to update the president on the arrangements ahead of its 15th annual lecture in Abeokuta...recently
Budget Defence: House C’ttee Dismisses Agency for IDPs over Suspicious Contracts Awards James Emejo in Abuja The Chairman of the House of Representatives Committee on Internally Displaced Persons (IDP) and Refugees, Hon. Sani Zoro (APC, Jigawa) yesterday refused to allow the National Commission for Refugees, Migrants and Internally Displaced Persons (NCFR) to defend its 2018 budget over faulty accounts rendition and lack of transparency in the implementation of its 2017 budget. He had wondered among other things, why the agency, which was led by its Commissioner, Hajiya Sadiat Umar Farouk to the budget defence session, could have provided all awarded contracts in rounded figures without any kobo behind them. Noting that there was no way all contract awards would be
in rounded figures, he said the accounts rendition by the agency was “highly suspect”. Zoro also expressed disappointment over the agency’s inability to furnish the committee with bank account balances and evidence of tax compliances by contract beneficiaries as required by government policy. Zoro further chided Farouk for lack of cooperation with the committee on terms of implementing various aspects of its budget, a situation which lawmakers said created a lot of vacuum in the implementation of the previous budget. A member of the committee, Hon. Nicholas Ossai (PDP, Delta) said the NCFR accounts were riddled with lots of gaps, pointing out that there ought to be clear information on each items contracted. He said data and payments by companies must be provided
to parliament, without which further interaction can’t proceed with the agency. He said: “To make impact on the lives of returnees, there must be. value for money. Until we get these, we can’t proceed with 2018 budget. The documents were brought to us this morning and I see this as an ambush. We’ve to step down 2018 and srutinise 2017.” Also, another member of the committee, Hon. Igariwey Iduma Enwo (PDP, Ebonyi) said the essence of an oversight was to follow appropriated funds adding that “We must understand what happened to 2017 budget before going to 2018. About 70 companies that participated in the contract award and we need to know what happened.” But he said available information to the committee was vague. Hon. Mohammed Sheriff
(APC, Borno) said the records provided by the agency was not commensurate with facts on the ground as many internally displaced persons in troubled spots were yet to be touched by the federal government intervention programmes. The committee said there’s need for value for money and transparency in its activities. The IDP agency boss had said N5.5 billion was appropriated for it in 2017 with another N3.2 billion in zonal intervention projects. But the lawmakers were not satisfied with the implementation of the budget. In ruling however, the chairman, who yielded to the position of all the members, however, allowed Kangiwa one week grace to clean up its documents and return to face further scrutiny from the parliament.
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T H I S D AY TUESDAY JANUARY 30, 2018
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T H I S D AY TUESDAY JANUARY 30, 2018
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COMMENT
Editor, Editorial Page PETER ISHAKA Email peter.ishaka@thisdaylive.com
WHAT HAPPENED TO THE GREAT GREEN WALL? Chido Nwakanma argues that the authorities could do more to ‘green’ the environment
J
ournalists and everyone concerned with the matter should shout out to the Minister of Environment. What has happened to the Nigerian implementation of the Great Green Wall? Where is the current Minister of State for Environment Ibrahim Jibrin? What did the N10b Nigeria approved for the implementation of the project in 2014 fetch us? How much more money is going into the project? The National Agency for the Great Green Wall Project (NAGGW) should be contributing to the conversation on desertification and the herdsmen challenge. Mr Goni Ahmed is Director General and reports to the Minister of Environment. How far so far? The matter of the herdsmen and their daredevilry has gripped the national consciousness for the last two years at least. As the herdsmen stomp on farmlands with impunity, the federal government has an incoherent narrative. One day they claim the herdsmen are foreigners. The next, President Buhari and his minister of defence ask the grieving people of Benue to accommodate the herdsmen as fellow citizens of Nigeria. The government has come up with a purported solution in the creation of cattle colonies. If the cattle colonies are not a means for a land grab across the vast Nigerian nation and is a response to ecology, you would expect government to commence with existing initiatives and spaces. Nigeria has recovered the expansive Sambisa Forest. Sambisa hosted a game reserve in the past covering from 686sq km to 2258sqkm. Wikipedia states that it occupies parts of the states of Borno, Yobe, Gombe, Bauchi along the corridor Darazo, Jigawa, and some parts of Kano State farther north. It is administered by the local government areas of Askira/Uba in the south, by Damboa in the southwest, and by Konduga and Jere in the west.� Wikipedia adds: “BirdLife International reported that 62 species of birds had been recorded in the Sambisa Game Reserve, including the guinea fowl, francolin, village weaver, Abyssinian ground hornbill, Arabian bustard, Savile’s bustard, African collared-dove, Chestnut-bellied starling, black scrub-robin and the Sudan golden sparrow. The forest was also thought to be the last remaining site of the ostrich in Nigeria. 17 species of mammals were reported in 2010 in the Sambisa Game Reserve[4] including, baboon, patas monkey, tantalus monkey, Grimm’s duiker, red-fronted gazelle, African bush elephant, roan antelope, hartebeest, African leopard and spotted hyenas�. That the Borno State Government ran a game reserve in Sambisa Forest in the past means they can still do so today. Then I draw attention, once again, to the Great Green Wall project aimed at tackling the ecological challenge. The Great Green Wall initiative is a pan-African proposal to “green� the continent from west to east to battle desertification. It aims at tackling poverty and the degradation of soils in the SahelSaharan region, focusing on a strip of land of 15 km wide and 7,100 km long from Dakar to Djibouti. The Global Environment Facility notes, “Populations in Sahelian Africa are among the poorest and most vulnerable to climatic variability and land degradation. They depend heavily
NATIONS OF THE WORLD ARE TACKLING THE CHALLENGES OF CLIMATE CHANGE BY LOOKING INWARDS AS WELL AS DEPLOYING SCIENCE AND TECHNOLOGY
on healthy ecosystems for rainfed agriculture, fisheries, and livestock management to sustain their livelihoods. Unfortunately, increasing population pressures on food, fodder, and fuelwood in a vulnerable environment have deteriorating impacts on natural resources, notably vegetation cover. Climate variability along with frequent droughts and poorly managed land and water resources have caused rivers and lakes to dry up and contribute to increased soil erosion.â€? There is a tidy sum of about US$81m involved in this project. One writer, Dylan Thuras, notes that more money is available. He states, â€œâ€Ś International organisations have pledged over $3 billion toward the completion of this massive environmental project, designed to help stop land degradation.â€? The African Union backs it. “In June 2010, Burkina Faso, Chad, Djibouti, Eritrea, Ethiopia, Mali, Mauritania, Niger, Nigeria, Senegal and Sudan signed a convention in Ndjamena, Chad, to create the Great Green Wall Agency and nominate a secretary to develop the initiative further.â€? Member countries choose their priorities and get funding from the Global Environment Facility. That body reports that Niger has made the most progress. “Progress is apparent especially in the Zinder region of Niger, where tree density has significantly improved since the mid-1980s. GEF CEO Monique Barbut attributes the success to working with farmers to find technical solutions, particularly long-term land and financial solutions, to save the trees.â€? Nigeria commenced implementation in 2013 and in 2014 set up the Interim Office of the National Agency for the Great Green Wall with the appointment of an acting Director General. Nigeria’s GGW programme involves 11 states. Benefitting states are Adamawa, Bauchi, Borno, Gombe, Jigawa, Kano, Katsina, Kebbi, Sokoto, Yobe and Zamfara. It involves the establishment of a greenbelt covering 1500km from Dandi Arewa Local Government Area of Kebbi State to Marte in Borno State. The National Agency for the Great Green Wall says “The mission of the NAGGW is to halt and reverse land degradation, prevent depletion of biological diversity, ensure that by 2025, ecosystems are resilient to climate change and continue to provide essential services that would contribute to human welfare and poverty eradication.â€? How are the Governors of the North driving implementation of this bold attempt to solve the ecological challenge? Why are other countries doing better than Nigeria in the drive? What other measures are the governors of the North and the Federal Executive Council taking to tackle the challenge other than seeking to confiscate land from other areas? Nations of the world are tackling the challenges of climate change by looking inwards as well as deploying science and technology. Nwakanma, a communication and marketing consultant, is on the Adjunct Faculty, School of Media and Communication, Pan Atlantic University, Lagos
AN ARMY OF SHEEP AND A LION
Leadership is about impact, influence and inspiration, writes Akintola Benson-Oke
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t is always important to have the right perspective at the start of every venture. I wish to point to certain markers and mindset dispositions that are important and necessary in order to have longterm and fulfilling careers in the Lagos State Public Service. It is indisputable that organisations will make rapid progress and experience exponential growth when its units and teams and departments are staffed by persons who understand what leadership means and who have developed their leadership potential and have enhanced their performance skills. To such an organisation, no problem will be too complicated, no task too herculean, no challenge too huge, and no task too complicated for it to confront head-on. Remember Alexander the Great’s profound observation, “I am not afraid of an army of lions led by a sheep; I am afraid of an army of sheep led by a lion.� May I confirm that this is the vision of His Excellency, Governor Akinwunmi Ambode, for the Lagos State Public Service. I invite you to join this present administration in dreaming the dream of a civil service where every officer has fully developed leadership potential and is ready and willing to take on responsibilities for the greater good of Lagos State. In envisioning a public service peopled by leaders, we are mindful, as Robin Sharma
observed, that “Leadership is not about a title or a designation. It is about impact, influence and inspiration. Impact involves getting results, influence is about spreading the passion you have for your work, and you have to inspire team-mates and customers.â€? I therefore hope that the just-concluded induction course has begun in you the monumental task of becoming impactful, influential and productive to such degrees that the output of the public service will inspire the good people of Lagos State. Management experts have developed a set of introspective questions that can help in assessing an individual’s standing vis-Ă -vis acceptable team-work, leadership and workplace effectiveness qualities. I believe that all will be well-served by considering them. I therefore invite all to think about these: Are you able to maximise efficiency in your use of time and resources? Are you able and willing to initiate action? Do you instil motivation? Do you provide guidance? Do you instil confidence? Do your words and actions build morale? Do you seek to create and maintain an efficient work environment? It is my hope that the questions above helped in nudging you in a direction that would take your career to the highest levels if you make a decision to follow the suggestions
embedded in them, stoking a desire to either aspire to leadership or to improve your leadership skills. I will also like to emphasise a quality that is expected of every public officer in Lagos State. This is the possession of problemsolving skills. Developing the mind frame for deploying these skills is one of the essential soft skills that are mandatory for success in today’s rapidly changing world and the public service of our dreams. According Zoe Bendan, the mind frame for successful problem solving calls for: a laser-like focus on the solution and not the problem; an open mind that entertains and tries ‘All Possible Solutions’ – even if they seem ridiculous at first; viewing problems neutrally as opposed to viewing them as ‘scary’ issues; thinking by changing direction and approach and looking at things in a new way; adopting the use of language that creates possibilities by the avoidance of closed and negative language; and the simplification of tasks by removing all details and going to the basics. It is my ardent hope that these pieces of advice will serve you well as you open your minds to the possibilities in the public service. In promoting the benefit of dedicating one’s career to public service, a commentator rhetorically asked as follows, “Which employment sector offers fulfilling careers, a chance
to make a difference for your fellow citizens, job stability and an excellent benefits package?� The obvious answer of course is the public service. Indeed, whether you have an ambition to shape government policy or want to make a difference to your local area, there are numerous job opportunities in the public services and administration sector. Dominic Claeys-Jackson notes that “Public service organisations are often extremely large, which can expose employees to a wide variety of potential career paths. Indeed, the scope for progression can be remarkable.� Going further, she notes the breadth of the operations of the public service, the varied workload, the social value, the workplace atmosphere, the competitive working conditions and the vast opportunities to make a difference in the society. In addition to all the above-enumerated points which are applicable to all public services and with which I agree, the Lagos State Public Service is also unique as a service that places huge premium on extensive training and re-training throughout one’s career in the service. Again, the Lagos State Public Service has become notable for its dedication to staff service and post service welfare. Dr. Benson Oke is Hon. Commissioner, Lagos State Ministry of Establishments, Training and Pensio
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EDITORIAL INEC AND THE ELECTION TIMETABLE
With the release of the election timetable, all stakeholders should choose their tasks and work diligently towards achieving them
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eleasing the time-table for the 2019 general elections in the ďŹ rst week of this year, the Independent National Electoral Commission (INEC) Chairman, Prof. Mahmood Yakubu said it was a proactive move to engender certainty in the country’s electoral calendar and to enable all stakeholders to prepare adequately for elections. The time-table, which is clearly aligned with the provisions of the 1999 Constitution as amended and the Electoral Act 2010 as amended, has scheduled the presidential and National Assembly election for February 16, 2019, while the governorship and State Houses of Assembly election holds on March 2, 2019. However, the National Assembly seems poised to reverse that order of elections. Last week, the House of Representatives voted to amend Section 25 of the Electoral Act, 2010, which would see the National Assembly elections holding ďŹ rst.. Besides, elections into the State Houses of Assembly and governorship would be held on a separate day, while the presidential election would be GOING BY THE TIMETABLE, conducted last. The THE COMMISSION HAS Senate is reportedly ENLISTED NIGERIA AMONG favourably disposed OTHER DEVELOPED towards the amendDEMOCRACIES THAT HAVE ment. Meanwhile, BROUGHT CERTAINTY going by the timeTO THEIR ELECTION table, the commission CALENDAR MANAGEMENT has enlisted Nigeria among other developed democracies that have brought certainty to their election calendar management, making it easier for political parties, their candidates and other electoral stakeholders to be more strategic in their preparations. It is indeed noteworthy that after some initial faltering steps, INEC under Yakubu would appear to have put its act together through its insistence on careful strategic planning and training of its staff. In April, 2017, the commission unveiled its 2017-2021 strategic plan in Abuja. It serves as a blueprint designed to help the commission to grow a pragmatic road map that
Letters to the Editor
will serve as a practical guide for its work in the next ďŹ ve years. Presenting the plan to Senate President Bukola Saraki last year, Yakubu had encapsulated its purpose: “The strategic plan comes with a programme of action so that, between now and 2019 and beyond, we know exactly what INEC is going to do on daily, monthly and quarterly basis, and we will be tracking its progress,â€? adding: “Gone are the days when elections were done on a preďŹ xed basis. There have to be very clear parameters.â€?
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ithout a doubt, INEC has striven to achieve this purpose judging by its handling of the stand-alone elections held last year. For instance, the time-table for the governorship election that held in Anambra State on November 18 last year was released on February 23, 2017, eight clear months before the contest. The across-the-board assessment that the election was successful might have been due largely to the ability of all stakeholders, including INEC, security agencies, political parties and their candidates as well as the electorate, to adequately prepare for the contest. It is also noteworthy that the timetable for the gubernatorial elections scheduled for Ekiti and Osun States on July 14 and September 22 this year had been released as far back as October 5, 2017. We expect that with INEC issuing the timelines for the 2019 presidential and other contests, 15 months ahead, all stakeholders would choose their tasks and work diligently towards achieving them even as we are not unmindful of the complications which the proposed amendment to the Electoral Act 2010 by the National Assembly might bring to the commission’s well-articulated plan. But it is reassuring that INEC is reportedly poised to seek a judicial intervention on the legislative proposal, which the commission feels is not only a usurpation of its constitutional power, but would also disrupt its well-laid out plans for the elections. Whatever may be the case, we urge the legislature and the executive to hasten the process for the amendment to the electoral law so that INEC can continue to make its preparations without let or hindrance.
TO OUR READERS Letters in response to speciďŹ c publications in THISDAY should be brief (150-200 words) and straight to the point. Interested readers may send such letters along with their contact details to opinion@thisdaylive.com. We also welcome comments and opinions on topical local, national and international issues provided they are well-written and should also not be longer than (9501000 words). They should be sent to opinion@thisdaylive.com along with the email address and phone numbers of the writer.
THE BAD NEWS FROM KANO
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here is no doubt that Nigeria is gradually sliding into a police state going by the stomach-churning advice by the Kano State Commissioner of Police, Mr Rabiu Yusuf, that a former state governor and current senator, Rabiu Kwankwaso, should shelve his scheduled January 30 visit to Kano, his home state. What is going on, for God’s sake, in Kano State? Why have the police, acting in concert with the state governor, Dr Abdullahi Ganduje, decided to declare him more or less a persona non grata in his own state? The police are trying to unconscionably abridge the freedom of movement and civil liberties of Kwankwaso. But as of the time of writing this piece, Kwankwaso has reportedly said the police cannot stop him from going to Kano to peacefully see his constituents. He is very right on that score. The former governor should not be left alone to fight this unconstitutionality. All well-meaning Nigerians must condemn the unsophisticated approach by the state to suppress Kwankwaso and upstage his seemingly robust political structure. Advising the former governor to suspend his planned visit to Kano was patently wrong. It offended the spirit of fair dealing. That piece of advice is bad news which has the potentialities of far-reaching implications for the polity. If the police gambit is allowed to succeed, the state governor can continue to influence or instigate the police commissioner to adopt the same strategy over and again to perpetually keep Kwankwaso away from the state. At the moment, there is tension in a vast majority of the states and the police commissioners in those states have not
advised or barred representatives of the people or politicians from their states. Since it is an open secret that Kwankwaso, who gave President Muhammadu Buhari a good fight for the presidential ticket of the All Progressives Congress (APC) in the 2014 presidential primary, is nursing a presidential ambition in 2019, the strategy of the chief security officer of the state and the police commissioner may have been orchestrated to terribly hurt Kwankwaso’s political and logistical mobilisation that should naturally begin from his home state. But the government action to unnerve Kwankwaso, to say the least, is an affront on democratic ethos. Popular participation in democratic engagements should neither be under enemy control nor held hostage by a self-imposing police state as it is grotesquely manifesting in Kano. This official disposition is primordial, anachronistic and tendentious in its form, shape and texture as well as counter-productive to the democratic testimonial of the APC-controlled government. How sadly have the police become petty, partial and partisan of the ruling government such that a leader of the ruling party can be subjected to this kind of treatment? But the joke is on the police, the government and the APC: first, that they do not have the capacity or the temperament to accommodate seeming opposition from within their ranks; and, second, that they cannot ensure simple security for Kwankwaso, his supporters and public facilities. By the way, is Kwankwaso going to Kano to organise or lead a violent protest? Certainly not, except agents of the state decide
to infiltrate the group of his supporters and try to precipitate violence from within in order to justify the preconceived advice by the police to keep him away; and, for as long as possible. If that is not the case, I do not see anything difficult in the police providing protection for Kwankwanso and the crowd of supporters that would welcome him to Kano. After all, the police have been giving protection to pro-government protest marches. Why have they considered Kwankwaso’s historic visit to Kano a difficult event to handle? If the fear expressed by the police commissioner as to the possibility of disgruntled elements hijacking the visit is real, then what that simply explicates is that the disgruntled elements would certainly not be from the camp or among the supporters of Kwankwaso but from the governor’s camp. It is not a secret that there is no love lost between the two leaders. It therefore will not cost the state government too much to sustain the grounds of “tensed atmosphere� to keep Kwankwaso away from the state. Ganduje is gripped by a morbid fear occasioned by the popularity of his former boss and predecessor in office. Kwankwaso’s political structure in Kano is pervasive and solid. Ganduje’s deputy, Professor Hafiz Abubakar, is a product of that structure. Following the cold war, Ganduje has reportedly sidelined Abubakar. The professor, according to media reports, has said he would dump Ganduje and return to the classroom at the Bayero University at the end of his first term in 2019. Sufuyan Ojeifo, ojwonderngr@yahoo.com
T H I S D AY ˾ TUESDAY, JANUARY 30, 2018
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POLITICS
Group Politics Editor Tobi Soniyi Email tobi.soniyi@thisdaylive.com 08033146139 SMS ONLY
EXECUTIVE BRIEFING
EFCC Goes After Its Own The suspended commander of the Economic and Financial Crimes Commission Academy, Mr Ayo Peter Olowonihi, is seeking judicial help after he was humiliated out of office by the leadership of the commission, writes Ugo Aliogo
P
erhaps, if anybody had told Mr. Ayo Peter Olowonihi, a Director and former Commander of the Economic and Financial Crimes Commission (EFCC) Academy, that he would one day be a victim of official tyranny, he would have dismissed this as unthinkable. But this is exactly what happened to him. Today, he is still in shock as to how the over 25 years he has put in serving the country meritoriously would be destroyed for just nothing. For over two years, that he had suspended without pay, he has found it difficult to meet up his responsibilities including payment of children’s school fees, his house mortgage and other responsibilities. This is why he has filed a suit at the National Industrial Court in Abuja to challenge what he described as wrongful suspension and demotion by the Acting Chairman of the EFCC, Ibrahim Magu. In the processes filed by his lawyer, Professor J.O. Amupitan, and obtained by THISDAY, the claimant wants the court to determine whether the commission’s staff regulation handbook titled: ‘EFCC Staff Regulation Handbook’ 2007 under which he was allegedly suspended and reinstated conditionally was valid same having not been approved by the commission as required by section 8(2) of the EFCC (Establishment) Act, 2004? In the affidavit in support of his origination summons, Olowonihi, who had worked in various capacities under all the chairmen of the commission without blemish and also at the National Drug Law Enforcement Agency (NDLEA) for almost 15 years as acting Director Assets and General Investigation, narrated his ordeal in the hands of Magu. He stated that as soon as Magu was appointed in November 2015 he was summoned and accused of being behind some online publications in respect of the activities of the commission and Magu. He added that on the directive of Magu, he was taken to the Statement Room where he was made to write a 10-page statement under caution like a suspect and in the absence of his lawyer despite being a management staff on Grade Level 17 in the commission. The plaintiff alleged that in the course of taking his statement, the lead investigator, Mr. Yahaya Bello, told him that he was being questioned because those online publications were in furtherance of his ambition to be appointed as the chairman of the commission and that the publications were to run down the acting executive chairman. He further averred that on the order of Magu, his official table top computer was taken away, his two phones MTN (08033485511) and GLO (08055066583) were seized and his office was thoroughly searched by a team of detectives and policemen and sealed up, adding that the search conducted showed that there was nothing linking him with the publications. He added that his official car was also withdrawn on the directive of the acting chairman who also ordered a forensic investigation on all his electronic devises including his bank account and email addresses and nothing incriminating was found against him. The plaintiff said while interrogation was going on, Magu demoted him as commandant and ordered for his redeployment from EFCC Academy to his office. “On November 20, 2015, I also received a letter dated November 20, 2015 from the defendant signed by one Aliyu Nadada intimating me of my redeployment as commandant of the defendant’s Training
EFCC Acting Chairman, Ibrahim Magu
Institute to the office of the acting Executive Chairman with immediate effect with a directive that I should handover to the next most senior officer. “That although the letter of deployment was purported to have been issued by the management of the defendant, I am not aware of such management meeting as a management staff as the redeployment was based purely on the directive of the acting Executive Chairman. “On December 22, 2015, I also received a query titled ‘Offence Against Discipline’ for contravening certain sections of the defendant’s Staff Regulation Handbook. On December 23, 2015, I promptly responded to the query wherein I denied the allegations of any ‘Offence Against Discipline’ and even stated that when I saw some of the online publications, I reported it at one of the management meetings of the defendant and the matter was dismissed as inconsequential. “On December 29, 2015 when my response was submitted, I got a letter of indefinite suspension from work without pay with immediate effect. I was allegedly queried
The PDP should not create tension where there is none. The house has the duty to amend laws
under the EFCC Staff Regulation Handbook, my suspension was made in furtherance of Article 030406 of the Public Service Rules. The suspension was made pending the outcome of the matter. “It is over two years now that I was suspended without salary and I have found it difficult to meet up my responsibilities including payment of school fees of my children, my house mortgage and other responsibilities. Since I was placed on suspension, I was not invited to appear before any panel nor was there any communication to me until November 16, 2017 when I was served with a Letter of Reinstatement dated November 15, 2017 demoting me and forfeiting my salaries and emoluments. “In the said Letter of Reinstatement, I was alleged to have been found guilty of a case of “Breach of Confidence” by the Senior Staff, Promotions and Disciplinary Committee of the defendant on September 28, 2017. I was not at any time confronted by the defendant of any allegation of ‘Breach of Confidence’. I was not invited by the Senior Staff, Promotions and Disciplinary Committee of the defendant to defend myself against any allegation of ‘Breach of Confidence’ or of any other misconduct for that matter. “Even the Senior Staff, Promotions and Disciplinary Committee only has power to try officer below Level 13 and not my cadre Level 17 which is the bar and the prerogative of the commission. The power to discipline me is vested on the commission which has not been constituted and not the acting Executive Chairman of the defendant or the Senior Staff, Promotions and Disciplinary Committee. “The acting Executive Chairman of the defendant in this case is the accuser, investigator and judge because even in the course of
investigation, he had ordered my removal as the commandant of the defendant’s Training Academy and posted to his office without any designation and schedule of duty. “I know as a fact that under the Public Service Rules, a staff who is suspended and even indicted is placed on half salary and if reinstated is paid the other half of the salary withheld. There is no provision under the Public Service Rule or under any other rule that governs my condition of service where a staff’s salary is withheld in full during a period of suspension. “My suspension without pay was meant to punish me and an act of vendetta. Since 2005 when I was employed by the Defendant as the Head of Training, I had worked with four different Chairmen: Mr Nuhu Ribadu, the pioneer Chairman, Mrs Farida Waziri, Mr Ibrahim Lamorde and the current chairman, Mr Ibrahim Magu. I have not had any problem with any of the chairmen except the present chairman who has greatly humiliated me and my family.” Among other reliefs, the plaintiff wants the court to determine whether the whole process of exercising disciplinary procedure over him by the EFCC acting executive chairman beginning with the letter of query dated December 22, 2015, the notification of suspension dated December 29, 2015 and the letter of reinstatement dated November 15, 2017 were not a gross violation of his right to fair hearing under section 36 of the Constitution of Nigeria, 1999 as amended? Quoting and relying on many authorities and precedence, the plaintiff wants the court to set aside the letter of reinstatement dated November 15, 2017 conditionally reinstating him to his job on the ground that it is invalid, null and void. He equally wants the court to set aside the letter of query dated December 22, 2015 and the notification of suspension dated December 29, 2015; and unconditionally restoring him to his position and office as the commandant of the EFCC Academy or his Grade Level 17 and to all rights and privileges attaching thereto. Finally the plaintiff wants the court to order the payment of all his salaries and entitlements from December 29, 2015 until the case is determined. As the time of filing this report, EFCC has not filed any defence to the suit other than to beg the court for an order for an extension of time for it to file its memorandum of appearance. THISDAY has gathered despite a team of lawyers it has assembled for the case, the commission has yet to file a defence. Checks by THISDAY revealed that Olowonihi was being punished for showing interest in becoming the chairman of the commission. Sources close to the EFCC said when the tenure of the former chairman of the commission, Ibrahim Larmode, was coming to an end in 2015, as a senior director who had received many awards and recommendations in the commission, Olowonihi indicated interest. It was gathered that he reached out to an influential person in the Presidency to help push his case. It was learnt, this influential person then spoke to another “powerful person” within the corridor of power who was incidentally, also making a case for Magu. The person, it was gathered, informed Magu. At point, the EFCC boss became enraged and vowed to “deal” with Olowonihi. To many observers, that this kind of highhandedness and arbitrariness can be unleashed on a member of staff, moreso, a director says a lot about how the commission treats suspects.
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T H I S D AY ˾ TUESDAY,JANUARY 30, 2018
POLITICS
Concerns Mount for Ogunba The decision of the Legal Practitioners’ Privileges Committee to strip Mr. Kunle Ogunba of his Senior Advocate of Nigeria title raises concerns among legal practitioners, especially after the Nigerian Bar Association has cleared him of all allegations of misconduct, Davidson Iriekpen reports
T
he Legal Practitioners’ Privileges Committee (LPPC) penultimate week wielded the big stick when it announced the withdrawal of the title of Senior Advocate of Nigeria (SAN) from two lawyers for misconduct. In a statement signed by its secretary, Hadiza Mustapha, the committee said the first affected lawyer, Oluwatoyin Bashorun, would not be allowed to re-apply for the position till after three years. According to the statement, the other lawyer, Kunle Ogunba was relinquished of all privileges attached to the title following a petition against him by Honeywell Group. “At the last emergency meeting which was held on September, 15, 2017; the LPPC by virtue of Section 5 (1) of the Legal Practitioners Act CAP L11, Laws of the Federation of Nigeria. 2004 as amended, decided to suspend the conferment of the rank of SAN on Oluwatoyin Ajoke Bashorun pending the investigation of all petitions filed against her. “This is to notify the general public that after a thorough investigation of the petition, the sub-committee as setup by the Legal Practitioners’ Privileges Committee (at which the applicant was given a fair hearing) at its 129th plenary meeting upheld the recommendations of the subcommittee to wit: That the petitioner’s petition is meritorious, having found that the respondent stayed and continued to stay in a rented property for nine years without paying rent. That Oluwatoyin Ajoke Bashorun being an officer in the temple of justice and an aspirant to the exalted position of SAN has conducted herself in a manner which is clearly in contravention of the provisions of paragraphs 18(2) (a) & (c) and 19 (a) (b) (c) & (d) of the,” the statement said. Regarding Ogunba, the statement said thus: “Honeywell Group petitioned Ogunba alleging professional misconduct against him. The misconduct allegedly consists of the institution of multiplicity of proceedings before different judges of the Federal High Court on the same subject with the deliberate aim of abusing the process of court and derailing the course of justice. “This is to further notify the general public that after a thorough investigation of the petition by the sub-committee set up by the LPPC (at which the respondent was given a fair hearing) it was decided that the petition is meritorious. Consequently, the LPPC at its 129th plenary meeting has withdrawn the rank of SAN from Ogunba and all other privileges attached to the rank forthwith.” According to the statement, the guidelines for the conferment of the title which Bashorun was found wanting in complying with include the following: “The candidate must be of good character and must have no pending disciplinary case or complaint relating to professional misconduct against him. A candidate shall he considered ineligible if in the opinion of the LPPC the candidate is adjudged to be of the following disposition: bad behaviour, whether in or out of court; poor temperament or propensity to insult or assault people or cause them harm or put them in a state of fear of bodily harm; Evidence of moral depravity or other socially unacceptable behaviour; 19(I) A candidate must: “Demonstrate high professional and personal integrity; b. Be honest and straightforward in all his professional/ personal dealings, c. Be of good character and reputation; d. Be candid with clients and professional colleagues.” Honeywell Group had petitioned the LPPC alleging professional misconduct against Ogunba. The misconduct allegedly consists of the instituting of multiplicity of proceedings before different judges of the Federal High Court on the same subject with the deliberate aim of abusing the process of court and derailing the course of justice. However, many analysts are wondering why
The Chief Justice of Nigeria, Justice Walter Onnoghen
the LPPC took the decision against Ogunba when the Nigerian Bar Association (NBA) had cleared him of the allegations levelled against him. The association in its August 5, 2016 response to Honeywell Group’s petition against the lawyer, signed by its then General Secretary Mazi Afam Osigwe, and addressed to Honeywell, said after carefully reading the firm’s petition, it found that the petition did not disclose any alleged infraction of the Rules of Professional Conduct 2007 by Ogunba. It said it was satisfied that the suits Ogunba filed did not amount to an abuse of court process as the companies were separate entities and that the cases were not in respect of the same facts nor did they seek the same reliefs. The NBA listed the cases, including Ecobank vs Honeywell Flour Mills Plc, Ecobank vs Siloam Global Services Limited, Ecobank vs Anchorage Leisures, Ecobank vs Honeywell Group Ltd, among others. “We regret to inform you that a careful reading of the petition failed to disclose any alleged infraction of the Rules of Professional Conduct 2007 in respect of which Ogunba could be called upon to offer an explanation. It is a principle of law that companies are separate legal entities capable of suing and being sued. “Placing this principle side by side your allegation of abuse of court process, we are satisfied the cases referred to as well as the court processes attached by your good-selves failed to show the existence of a case involving same parties in respect of same facts and seeking same reliefs,” NBA said.
Many of the analysts appealed to the LPPC to dispassionately review the case against Ogunba with a view to reach a different conclusion
The associations listed the suits as Ecobank Nigeria Limited vs Anchorage Leisures Ltd & 2 Ors v (FHC/L/CS/1219/2015); Ecobank Plc vs Honeywell Flour Mills Plc (FHC/L/ CP/1569/2015), Mr. Oba Otudeko vs Ecobank Nigeria Limited (FHC/L/BK/19/2015), Ecobank Nigeria Limited vs Siloam Global Services Ltd (FHC/L/CP/1572/2015), Ecobank Nigeria Limited vs Anchorage Leisures Ltd (FHC/L/ CP/ 1570/2015), Ecobank Nigeria Limited vs Honeywell Group Ltd (FHC/L/CP/1571/2015) and Ecobank Nigeria Limited vs Honeywell Flour Mills Plc (FHC/L/CP/ 1689/2015). “It is difficult to concede to the allegation that the suits amount to abuse of court process upon which a disciplinary proceeding should commence,” NBA said. According to the association, the suits by Otudeko and Anchorage Leisures seek a declaration that they are no longer indebted to Ecobank and that the bank should be restrained from publishing their names as bad debtors. It said it found that Ecobank’s actions against Honeywell Flour Mills and Honeywell Group were petitions filed consecutively for windingup proceedings against them, but were later discontinued to correct anomalies in them. It added that the Ecobank’s suits against Siloam Global Services and Anchorage Leisures involve petitions for winding-up “against the two different companies.” NBA said: “The fact the companies may have common ownership or directors does not make them the same entity or preclude the presentation of petitions against them if counsel believes grounds exist for doing so. A careful examination of the court processes filed by parties at the various suits indicates differences in either parties or reliefs sought, which defeats your (Honeywell’s) allegation of abuse of court process.” NBA said a Court of Appeal judgment which Honeywell attached to the petition “did not make any pronouncement against the respondent (Ogunba) on the issue of abuse of court process.” According to it, the appellate court did not indict Ogunba, therefore, the judgment would “not be used as a basis for coming to the conclusion that grounds exist for commencing disciplinary hearing against the respondent. “The respondent’s actions are in our respectful view in line with the duty of a counsel to do everything which in the exercise of his discretion he thinks best for the general interest of his client, which cannot be fettered by subjecting
him to disciplinary proceedings. The respondent owed his client a duty to take all lawful steps to directly and or indirectly represent his client and or get the best in the circumstance for his client in reliance on the best of his professional ability. “We are of the informed view that the actions and or decisions taken by the respondent were not only authorised by his instruction but were made in the course of an attempt at arriving at an amicable settlement in the matter. The respondent’s actions in the course of representing his client are instilled by his duty to get the best for his client and do not impugn the integrity of the legal profession. “We are, therefore, of the considered belief that the allegations contained in the petition under reference do not contain facts indicating any infraction of the Rules of Professional Conduct. In the light of the foregoing, we will be unable to further Inquire into the matter by forwarding the petition to the LPPC. The petition is hereby dismissed as it lacks merit,” NBA said. Dissatisfied with the finding of the NBA, the petitioner wrote to the LPDC, a body headed by the Chief Justice of Nigeria. Unfortunately for Ogunba, the LPPC took a different view and found the peition meritorious. However, observers believe that this is the first time that the NBA would clear a lawyer of misconduct allegations and the LPDC would still go ahead to sanction the person. They wonder why the case did not end there and suspect there is pressure from certain quarters for Ogunba to be “dealt” with? Pundits believe that the cases that Ogunba was said to have filed were all in order. They stated that the fact that Honeywell is a group of companies and owned by one man (Otudeko) does not mean that Ogunba needed to file one suit. “After all, Honeywell Group used other its subsidiaries which on their own, separate entities to obtain loans and needed to be sued separately and individually. The cases were not in respect of the same facts nor did they seek the same reliefs,” said a lawyer who pleaded not to be mentioned. Analysts believe that LPPC was high-handed in its decision. They cited cases where senior lawyers had been involved in abuse of court process, even at the Supreme Court, but were never stripped of their titles or sanctioned. Many of the analysts appealed to the LPPC to dispassionately review the case against Ogunba with a view to reach a different conclusion.
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TUESDAY, JANUARY 30, 2018 ˾ T H I S D AY
FEATURES
Acting Features Editor Charles Ajunwa Email charles.ajunwa@thisdaylive.com
Sustained Fight against Maritime Crimes Chiemelie Ezeobi writes that the naval show of force from, Operations Awatse to Jagunlabi and the most recently Exercise River Sweep, is aimed at reinforcing the navy's zero tolerance for criminality
I
t is no secret that the industrial scale at which Nigeria keeps losing its scarce oil resources to crude oil theft and pipeline vandalism is alarming. According to a past Chatham House report, an estimate of about 100,000 barrels per day, valued at N1.18 billion are stolen daily, which when translated amounts to N433.62 billion annually. It is also pertinent to note that the statistics did not include the amount of oil suspected to have been stolen from export pipelines, cost of oil spill cleanup, loss of income to fishing communities and environmental degradation. The report blamed the alarming scale of oil theft to poor law enforcement presence in the waterways. Also, another quoted report submitted by International Oil Companies (IOCs), showed that the country lost about 160 million barrels of crude oil valued at 13.7 billion dollars to theft from 2009 to 2012. The estimate was gotten from the records of three IOCs – Shell Producing Development Company (SPDC), Nigerian Agip Oil Company (NAOC) and Chevron Nigeria Limited (CNL). The report of the Nigerian National Petroleum Corporation (NNPC) monthly financial and operations report as far back as September 2015, was more damning. The report said that with an average price of 97.59 dollars per barrel in 2013, Nigeria lost 3.9 billion dollars (N858 billion) between January 2013 to April 2015 to the activities of pipeline vandals and crude oil theft. According to the report, between January and September of 2015, Nigeria lost about N48b to crude oil theft. Thus, it is without gainsaying that only a sustained war against such maritime crimes can curb the menace. Buying into that ideology, the navy has launched several operations and exercises like the continuous Operation Awatse, the recently launched Operation Jagunlabi (both joint exercises of all arms of the armed forces) and the most recent Exercise River Sweep 11 (solely for the navy). From Operation Awatse to Operation Jagunlabi to Exercise River Sweep 11, the sustained military presence at sea has already yielded commensurate successes as no fewer than 22 vessels involved in different criminalities were arrested by the command from June 2017 to date. The defaulting vessels and their crews were arrested for offences ranging from piracy, crude oil theft, illegal and unregulated fishing, sea robbery amongst others. However, these arrests were made possible by the patrol efforts of the command at sea, complimented by the Maritime Domain Awareness (MDA) assets of the navy. The arrested vessels include MT Wollorf, MT Vine, MT Glenstar, MT Sisi Comfort, MT DA Chris, MT Dove 1, Lurongyuanyu 215, Lurongyuanyu 216, Lurongyuanyu 217, Lurongyuanyu 218, MT Matrix 1, Hai Long, Marion, Arc Charley, MT Thyword, MT Queen of Peace, MT United Venture, MT United Trador and MV Miracle. Previous efforts of Operation Awatse Recall that the operations of the militants, who were formerly pipeline vandals, at Ishawo were tackled intensively last year. Whilst their reign of terror lasted, scores of people were killed, pipelines were vandalised for the content and they were a law unto theirselves. This brazen anomaly led to the deployment of a joint military taskforce in the area. The JTF comprises the elements of the navy, army and air force, as well as
The Flag Officer Commanding, Western Naval Command, Rear Admiral Slyvanus Abbah, flagging off Exercise River Sweep 11 onboard NNS Unity
the Department of State Security Services (DSS), the Nigerian Security and Civil Defence Corps (NSCDC) and the Nigeria Police Force (NPF). The aerial bombardment and subsequent invasion of the enclave by the JTF is part of the military's operation tagged 'Operation Awatse', an Hausa word for 'scatter', which has the land, air and maritime components. Intensive offensive air strikes were initiated to flush out the pipeline vandals turned militants operating at Ishawo and Igando areas of Ikorodu in Lagos State; then Arepo, Awawa, Elepete and Ibafo areas of Ogun State, given that the JTF was tasked with the responsibility of protecting the NNPC pipelines from Atlas Cove to Mosimi Depot At the end, several arrests were made and their enclaves decimated by air strikes before the ground forces moved in to complete the operations. After the militants were disbanded, peace returned to Ishawo and its neighbouring communities surrounded by creeks for some time. Operation Jagunlabi Before Exercise River Sweep was launched in the Western Command, Operation Jagunlabi was kickstarted at the backwaters of the Ikorodu and its environs. While Exercise River Sweep was commenced solely by
The Western Naval Command has arrested 22 vessels for illegal activities between July 2017 to date. Meanwhile, for this Exercise River Sweep 11, some successes have already been recorded as some arrests were made on the kickoff of the exercise
the navy, Operation Jagunlabi was that of a Joint Taskforce (JTF) comprising the Nigeria Navy, Nigerian Air Force and Nigerian Army. Also launched as a show of force on the Lagos backwaters, Operation Jagunlabi was tasked to combat the increasing menace of pipeline vandalism and crude oil theft and other maritime crimes. The exercise, which is an offshoot of the ongoing Operation Awatse (an Hausa word for scatter), was kicked off to further solidify the gains of the JTF in battling vandalism and crude oil theft in Lagos creeks and backwaters. The exercise which was also kicked off by the Flag Officer Commanding, Western Naval Command, Rear Admiral Slyvanus Abbah, at the naval outpost in Majidun area of Ikorodu, saw the JTF patrol both the waters and the land around that area. Abbah was joined by the Air Officer Commanding, Logistics Command, Air Vice Marshal Ibrahim Yahaya; the General Officer Commanding, Major General Peter Dauke and the Commander, NNS Beecroft, Rear Admiral Maurice Eno. The maritime operation kicked off from Majidun creek and saw the apenal gunboats patrol to Ebute waterside, Ibeshe ferry jetty and moved to Oworonsoki jetty before heading back to the base. For the patrol route for the show of force, the ground forces also took off from Majidun and stormed the Ikorodu garage roundabout, Ibeshe junction, Ibeshe Ilaje, Imota, Ishawo and rendezvoused back at the naval outpost. Not ruling out aerial bombardment by the Air Force if need be, the FOC said the joint patrol means the three arms of services will pool resources and manpower together to tackle the menace of pipeline vandalism and crude oil theft. Harping on the importance of intelligence gathering, Abbah who addressed the troops before the exercise began said they are to mix up with civilians in order to get them to loosen up. He said: "Operation Awatse has been an ongoing operation and if you are in Lagos, I think this is the most peaceful festive period you have ever had in Lagos. We have been working tirelessly before now. Before now, you know the criminals have been carrying out their nefarious act at the high sea; which is sea robbery."
Abbah also said the components of Operation Awatse will partner Operation Delta Safe in the Niger Delta in order to tackle the issues of the influx of vandals and militants to Lagos waters from neighboring creeks. The FOC further said the partnership with Operation Delta Safe will see the military raid the creeks and backwaters of the Niger Delta region to arrest the rampaging militants. He said: "Although Lagos by itself is a peaceful place but the criminals come from elsewhere. For instance, the last attack that happened on Lagos waters, we have arrested so many of them and all of them are not from Lagos. The five of them that are in our custody are not from Lagos but have their accomplice in Lagos who gives them information which we are working on to rid of all those things. "Lagos is the hub of all activities. Anybody you kidnap in Lagos, you know that ransom can be handsomely paid so they plan their operation to operate in Lagos. However, we are not resting on our oars to tackle this. This period (ember period) you know nobody came around to kidnap this period and we have to commend the soldiers because they are working very hard to ensure everything is fine peacefully." On the operation he said, "This is an ongoing and continuous exercise. Our presence here today is just to meet and interact with the soldiers. We want them to share their problems and we will also address them. Before now you know Majidun is a no go area but as you can see everybody is feeling happy and operating freely and that is why we want to make all those non-penetrable areas to be safe now for everyone to carry out their businesses. "There are certain things we don't need to tell because if we tell you our strategies, definitely the enemies would re-strategise and strike. This is a military exercise and the essence of this is to make sure we operate peacefully. So Operation Jagunlabi is a show of force to tell those boys (the militants) wherever they are, we are here for them. "This is a joint operation and you cannot do it alone, so that is why we need air support from the Air Force. Therefore, it's a joint operation between the army, navy
19
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FEATURES and Air Force and even elements of the police, Department of State Security and the Nigeria Security and Civil Defence Corps." Exercise River Sweep 11 Like the broom is used to sweep the floor, the word sweep was applied for the exercise given that the deployed vessels were expected to patrol the sea area within the Western Naval Command Areas of Responsibility (AOR) up to the Exclusive Economic Zone (EEZ). The three-day exercise was aimed at consolidating the successes achieved by Exercise River Sweep 1 and 2 in the Central and Eastern Naval Commands, respectively.The exercise was divided between the air, water and land components. While the land components took care of areas like Badagry, Epe, Igbokoda and Kirikiri and Ibeju- lekki with support from several Inshore Patrol Crafts (IPCs), the sea components patrolled off Badagry and Epe waters up to 100 nautical miles of the Exclusive Economic Zone (EEZ), while the naval air wing provided aerial support with two Augusta helicopters. The exercise yielded immediate result as a ship that was hijacked off the coast of Cotonu, which went off radar for five days until the owners alerted the navy, was found. Using the Falcon Eye, the vessel was found where the hijackers had abandoned it after siphoning the products. Deployed for the exercise were Nigerian Navy Ship OKPABANA, which sailed in from Port Harcourt, while other vessels like NNS KARADUWA and NNS PROSPERITY and several Inshore Patrol Crafts (IPCs) were also deployed to provide patrol support for the exercise. Not left out were the two Nigerian Navy Augusta helicopters, who provided aerial support and the men of the Special Boat Services (SBS), who patrolled the backwaters. After the debriefing by the Officer in Tactical Command, Commodore Sunday Abiodun Odedoja, the Flag Officer Commanding (FOC), Western Naval Command (WNC), Rear Admiral Slyvanus Abbah, took to the podium to reiterate the need for the exercise and its set objectives. After the briefing, the FOC was handed over the flag to wave for the flag off, signifying the kick off of the exercise proper. Thus, with the flag off executed, Exercise River Sweep 11 began in earnest. After being tugged out, the Nigerian Navy Ship UNITY commanded by the Commanding Officer, Captain Abolade Ogunleye, set sail at exactly 11a.m. with a Latitude of 06.17.346 and Longitude of 002.49.306. Meanwhile at the pre-exercise briefing, Rear Admiral Abbah, who kicked off the exercise said, "Our maritime domain is beclouded with piracy, illegal fishing and other maritime crimes. In Lagos area, we have maintained sanity for free flow of traffic in our waters and we have already registered some gains. Last year, some criminals invaded our Area of Responsibility (AOR) from the South-south to kidnap four Chinese men. "Our men in Igbokoda in Ondo State,
For now, Lagos waters are very calm as we have the Maritime Domain Awareness Centre that we use to monitor the sea and deploy men if need be to quench any situation. It will be stating the obvious to note that the Chief of Naval Staff (CNS), Vice Admiral Ibok Ette-Ibas, has zero tolerance for maritime criminalities
Elements of the Special Boat Services tactically manouevering NNS Unity
The SBS at their elements
Senior oďŹƒcers onboard NNS Unity
swooped in on them and five of them were arrested. Also, during the operation, their leader was shot dead. The suspects arrested have been handed over to the Department of State Security (DSS)." On the platforms deployed for the exercise, he said Nigerian Navy Ship OKPABANA sailed in from Port Harcourt, while other vessels like NNS KARADUWA and NNS PROSPERITY were also deployed to provide patrol support for the exercise. He added, "For now, Lagos waters are very calm as we have the Maritime Domain
Awareness Centre that we use to monitor the sea and deploy men if need be to quench any situation. It will be stating the obvious to note that the Chief of Naval Staff (CNS), Vice Admiral Ibok Ette-Ibas, has zero tolerance for maritime criminalities. "Thus, in line with his body language, the command has arrested 22 vessels for illegal activities between July 2017 to date. Meanwhile, for this Exercise River Sweep, some successes have already been recorded as some arrests have been made on the kickoff of the exercise."
At the end of the 24-hour patrol, the vessels sailed back to the jetty of the Naval Dockyard for the debriefing to take place. At the debriefing, the commanders of all the participating vessels rendered their reports while the officer-in-tactical command filed his observations. Given the resources expended for the exercise, it's therefore expected for the navy to build on becoming a stronger force capable of maintaining constant presence at sea and eliminating maritime illegalities to the barest minimum.
T H I S D AY TUESDAY JANUARY 30, 2018
20
UTILIZATION OF FOREIGN EXCHANGE AS AT 26TH OF JANUARY 2018 S/N
CUSTOMERS
DATE
S/N
CUSTOMERS
1
ABANG JOHN ENARE ASU
3,400.00
SCHOOL FEES
360.00
22-Jan-18
73
ABUTU JEREMIAH ADEGBE
2
ABIDAKUN ADEBISI BOLA
2,500.00
PTA
360.00
22-Jan-18
74
ADEWALE TINUADE OLUBUNMI
2,000.00
3
ADENMOSUN ADERINOLU FRED
1,000.00
PTA
360.00
22-Jan-18
75
ADEYEMI ATILOLA AYODELE
1,500.00
4
AKINOLA ROBIYAT TITILAYO
3,000.00
PTA
360.00
22-Jan-18
76
AJAYI OLUFUNMILAYO IBUKUN
1,500.00
5
BIPIALAKA JOHN MIEBAKA
1,397.19
PTA
360.00
22-Jan-18
77
AKINSHILO AYOMIDE OMOSENI
3,944.00
6
CHIBUIKE K OZOIGWE
7,646.00
SCHOOL FEES
360.00
22-Jan-18
78
BAFAI MUSA BAGAI
7
EDEH OBINNA EMMANUEL
3,000.00
PTA
360.00
22-Jan-18
79
DAVID O OGOIGBE
8
ELAMAH OLUSEGUN MESAHIDU
4,000.00
PTA
360.00
22-Jan-18
80
EMMANUEL S AJAYI
12,145.69
9
EZEOKEKE IKENNA IFEANYI
4,000.00
PTA
360.00
22-Jan-18
81
ENGR I NUHU
2,500.00
10
EZIKE HENRY PRINCE
500.00
PTA
360.00
22-Jan-18
82
FALAIYE ADEBANJO OLUMUYIWA
1,000.00
11
GBADAMOSI OMOLARA RASHEEDAT
1,840.00
PTA
360.00
22-Jan-18
83
FYNEMAN K LINCOLN
12
GONI ALKALI KAKA
4,000.00
PTA
360.00
22-Jan-18
84
13
IRUO ONORUVWE
4,988.31
BTA
360.00
22-Jan-18
14
KAREEM ISIAKA OLABANJI
800.00
PTA
360.00
15
LATEEFAT O KOLAPO
9,000.00
SCHOOL FEES
16
MONYE SYLVESTER OKAFOR
4,000.00
17
OBAJIMI ADEBUKOLA FUNILAYO
3,700.00
18
AMOUNT (US$)
PURPOSE
RATE
AMOUNT (US$)
DATE
S/N
CUSTOMERS
AMOUNT (US$)
360.00
24-Jan-18
143
TOR AGBIDYE
5,000.00
PTA
360.00
24-Jan-18
144
UKAEGBU OLIVER CHIDI
2,000.00
PTA
360.00
25-Jan-18
PTA
360.00
24-Jan-18
145
UMEH CYPRAIN ACHIKE
5,000.00
BTA
360.00
25-Jan-18
PTA
360.00
24-Jan-18
146
USANGA JOHN
PTA
360.00
24-Jan-18
147
NIGERIAN RED CROSS SOCIETY
2,500.00
PTA
360.00
24-Jan-18
148
UNITY BANK
2,087.82
SCHOOL FEES
360.00
24-Jan-18
149
ARRA MICCOLLI
SCHOOL FEES & INSURANCE
360.00
24-Jan-18
150
NEXUS FORLIFE LTD
SCHOOL FEES
360.00
24-Jan-18
151
FRANEMM INDUSTRIES LTD
957.00
PTA
360.00
24-Jan-18
152
FRANEMM INDUSTRIES LTD
344.31
3,334.06
SCHOOL FEES
360.00
24-Jan-18
153
FRANEMM INDUSTRIES LTD
234.37
IFEANYICHUKWU A ANUKU
4,958.36
SCHOOL FEES
360.00
24-Jan-18
154
ADESOLA A YOMI-AJAYI
85
IGHALO AIROMON AUGUSTA
5,000.00
BTA
360.00
24-Jan-18
155
SATHYANARAYANAN SAMPATH
22-Jan-18
86
MADU CHIDI DANIEL
1,600.00
PTA
360.00
24-Jan-18
156
CBN
360.00
22-Jan-18
87
MONU VICTORIA NKEMAKONAM
4,000.00
PTA
360.00
24-Jan-18
157
CBN
PTA
360.00
22-Jan-18
88
OLADAPO SEGUN OPEYEMI
2,300.00
PTA
360.00
24-Jan-18
158
ABIDOYE CARIM AKINTUNDE
PTA
360.00
22-Jan-18
89
OLUWASESAN SOSE
SCHOOL FEES
360.00
24-Jan-18
159
ABUBAKAR SANTURAKI AHMED
3,000.00
250.56
RATE
360.00
363,763.00
RATE 360.00
DATE 25-Jan-18
SCHOOL FEES
360.00
25-Jan-18
AA3233764
360.00
25-Jan-18
INTERBANK
360.50
25-Jan-18
AGRICULTURAL MACHINERIES
361.00
25-Jan-18
UNCOATED SHEETS FOR EXERCISE BOOK
361.00
25-Jan-18
NUTRILAN 1 50
315.00
25-Jan-18
NUTRILAN 1 50
315.00
25-Jan-18
NUTRILAN 1 50
315.00
25-Jan-18
4,683.61
SALARY REMITTANCE FOR JAN 2018
315.00
25-Jan-18
6,390.00
PERSONAL HOME REMITTANCE
315.00
25-Jan-18
296,983.35
UNUTILIZED IMTO TRANSFERRED TO CBN
357.00
25-Jan-18
251,299.51
UNUTILIZED IMTO TRANSFERRED TO CBN
357.00
25-Jan-18
SCHOOL FEES
360.00
26-Jan-18
5,000.00
BTA
360.00
26-Jan-18
700.00
26-Jan-18
2,506.00 28,219.61
13,851.00
ODUAH IKECHUKWU GEORGE
8,000.00
SCHOOL FEES
360.00
22-Jan-18
90
OMOREGIE IYOBOSA
24-Jan-18
160
ADUBI MOJISOLA TEMITOPE
PTA
360.00
OGUNLEYE ADEBAYO OLUTOSIN
4,000.00
PTA
360.00
22-Jan-18
91
OMOREGIE JOHN
4,000.00
PTA
360.00
24-Jan-18
161
AKINOLA OLANIPEKUN AFOLABI
800.00
PTA
360.00
20
OGUNMWONYI ILOBEKEMEN
4,000.00
PTA
360.00
22-Jan-18
92
OWOLABI OLALEKAN SULAIMAN
5,000.00
PTA
360.00
24-Jan-18
163
AKINTADE VICTOR JOHN
4,000.00
PTA
360.00
26-Jan-18
21
OKAFOR UCHE NWOKODIKE
3,100.00
PTA
360.00
22-Jan-18
93
RAYMOND N CHUKWUJEKWE
7,732.45
SCHOOL FEES
360.00
24-Jan-18
164
AMADI SUNDAY KOKO
1,300.00
SCHOOL FEES
360.00
26-Jan-18
22
OKONKWO DONATUS
5,000.00
BTA
360.00
22-Jan-18
94
SIMON O MBA
23
OKOYE CHIKA NWAMAKA
3,200.00
PTA
360.00
22-Jan-18
95
STANBIC IBTC BANK
1,200,000.00
24
OLANREWAJU OLUSOLA ONIGBOGI
4,000.00
PTA
360.00
22-Jan-18
96
UNITY BANK
2,000,000.00
INTERBANK
25
OYEMAMI SHUWA
2,794.39
PTA
360.00
22-Jan-18
97
NCR NIGERIA PLC
457,062.40
AUTOMATED TELLER MACHINE
26
PALMER-IKUKU RUTH
4,500.00
SCHOOL FEES
360.00
22-Jan-18
98
NCR NIGERIA PLC
369,637.00
AUTOMATED TELLER MACHINE
27
ROBERT E OKOJI
3,000.00
SCHOOL FEES
360.00
22-Jan-18
99
PLUTUS INDUSTRIES LTD
86,400.00
28
TANKO BILKISU
2,700.00
PTA
360.00
22-Jan-18
100
ADIRA NIGERIA TRADING CO LTD
29
TEDELA CHRISTOPHER IDOWU
1,550.00
BTA
360.00
22-Jan-18
101
ADIRA NIGERIA TRADING CO LTD
30
TEMENU ADESUYI SUNDAY
7,750.00
SCHOOL FEES
360.00
22-Jan-18
102
CBN
31
UCHENNA I CHIEDU
5,800.00
SCHOOL FEES
360.00
22-Jan-18
103
CBN
32
UJEDO P EGWUDA
850.00
SCHOOL FEES
360.00
22-Jan-18
104
ABDULKAREEM, AMUSAT
33
USMAN RUFAI ABATEMI AHMED
4,000.00
PTA
360.00
22-Jan-18
105
34
WOKOMA IPALIBO SIMPSON
1,950.00
ACCOMODATION
360.00
22-Jan-18
106
4,100.00
PTA
3,983.60 11,008.37
PURPOSE BTA
19
65,600.00
4,000.00
PURPOSE PTA
26-Jan-18
SCHOOL FEES
360.00
24-Jan-18
165
ANYADIBE JUDE IKECHUKWU
4,000.00
PTA
360.00
26-Jan-18
INTERBANK
359.50
24-Jan-18
167
BADMUS SHAKIRAT WUMI
4,000.00
PTA
360.00
26-Jan-18
360.50
24-Jan-18
168
BANKOLE OLUROTIMI FAUSAT
3,400.00
361.00
24-Jan-18
169
CHIOMA P CHUKWUMA
361.00
24-Jan-18
170
HDPE INNOPLUS 6000F 7
361.00
24-Jan-18
58,400.00
SODIUM SALT OF PALMITIC ACID
306.25
17,600.00
SODIUM SALT OF PALMITIC ACID
306.25
519,611.66
UNUTILIZED IMTO TRANSFERRED TO CBN
362,723.68
UNUTILIZED IMTO TRANSFERRED TO CBN
6,790.00
ABIOLA IDOWU ADANGO R LONGJOHN
PTA
360.00
26-Jan-18
865.00
SCHOOL FEES
360.00
26-Jan-18
DANIEL C UBEH
2,448.00
SCHOOL FEES
360.00
26-Jan-18
171
DOREEN OGHENE DOREEN
5,000.00
BTA
360.00
26-Jan-18
24-Jan-18
172
ENEMALI MARY-ANNE CHIZOBA
4,000.00
PTA
360.00
26-Jan-18
24-Jan-18
173
EZEKWEM VERA ADAORA
2,350.00
PTA
360.00
26-Jan-18
357.00
24-Jan-18
174
HORSFALL POWEI PABO
3,000.00
PTA
360.00
26-Jan-18
357.00
24-Jan-18
175
HYACINTH O AGBO
3,333.00
SCHOOL FEES
360.00
26-Jan-18
SCHOOL FEES
360.00
25-Jan-18
176
IKEMEFUNA, KEN IFEANYI
11,798.92
SCHOOL FEES
360.00
26-Jan-18
4,000.00
PTA
360.00
25-Jan-18
177
LAI SOLARIN WINIFRED IFEOMA
2,500.00
PTA
360.00
26-Jan-18
1,956.50
SCHOOL FEES
360.00
25-Jan-18
178
LAWAL M ISAH
6,000.00
SCHOOL FEES
360.00
26-Jan-18
1,650.00
PTA
360.00
26-Jan-18
550.00
PTA
360.00
26-Jan-18
360.00
26-Jan-18
35
GEETA PLASTIC PRODUCT NIG LTD
ARTIFICIAL RESINS POLYPROPYLENE
361.00
22-Jan-18
107
ADEYANJU OLANIPEKUN
PTA
360.00
25-Jan-18
179
MADUKA ERNEST JOEL
36
UNILEVER NIGERIA PLC
156.13
GERMALL 115 DRUM 50KG 1
315.00
22-Jan-18
108
AJAYI OKIERIETE GRACE
1,630.77
SCHOOL FEES
360.00
25-Jan-18
180
MOHAMMED OWOLABI LAWAL
37
UNILEVER NIGERIA PLC
213.60
GERMALL 115 DRUM 50KG 1
315.00
22-Jan-18
109
AJAYI OLUWATOYIN TAIWO
2,200.00
PTA
360.00
25-Jan-18
181
MURTALA O SAKA
4,684.32
SCHOOL FEES
39
ADIRA NIGERIA TRADING CO LTD
SODIUM SALT OF PALMITIC ACID
306.25
22-Jan-18
110
BURAIMOH STEPHEN D
4,000.00
PTA
360.00
25-Jan-18
182
NJIDEKA OZOEMENA
4,000.00
PTA
360.00
26-Jan-18
40
CBN
256,722.42
UNUTILIZED IMTO TRANSFERRED TO CBN
357.00
22-Jan-18
111
CHIEF I AREH
SCHOOL FEES
360.00
25-Jan-18
183
OBONO M OKAMA
6,000.00
SCHOOL FEES
360.00
26-Jan-18
41
CBN
254,456.93
UNUTILIZED IMTO TRANSFERRED TO CBN
357.00
22-Jan-18
112
CHISOM VIVIAN EBERE
BTA
360.00
25-Jan-18
184
OBUKOWHO KENNETH
360.00
26-Jan-18
42
CBN
250,448.86
UNUTILIZED IMTO TRANSFERRED TO CBN
357.00
22-Jan-18
113
COKER JAMES
4,000.00
PTA
360.00
25-Jan-18
185
ODERINDE IYABODE ATINUKE
4,000.00
PTA
360.00
26-Jan-18
43
CBN
198,460.82
UNUTILIZED IMTO TRANSFERRED TO CBN
357.00
22-Jan-18
114
DARE O AKINNUWA
7,055.16
SCHOOL FEES
360.00
25-Jan-18
186
OGBUJI MMADUABUCHUKWU I
4,000.00
PTA
360.00
26-Jan-18
44
ADEMOLA SAMUEL EZEKIEL
3,500.00
PTA
360.00
23-Jan-18
115
HARUNA, ZANGO ABDU
3,100.00
SCHOOL FEES
360.00
25-Jan-18
187
OGUNMEFUN ADETOLA OLUSOLA
SCHOOL FEES
360.00
26-Jan-18
45
ADEYEMI ADEMOLA GBENGA
4,000.00
PTA
360.00
23-Jan-18
116
HUSSEIN SULIAMAN KOREDE O
4,000.00
PTA
360.00
25-Jan-18
188
OKONDO SHADE BELINDA
4,000.00
SCHOOL FEES
360.00
26-Jan-18
46
ALIMI RAMOTALAI FUNMILOLA
550.00
PTA
360.00
23-Jan-18
117
ISEOKWEMA GIFT
4,000.00
PTA
360.00
25-Jan-18
189
OKUNOREN OPEYEMI
5,000.00
BTA
360.00
26-Jan-18
48
EGBUCHULAM KINGSLEY UZO
5,000.00
BTA
360.00
23-Jan-18
118
ISEOKWEMA VICTOR
4,000.00
PTA
360.00
25-Jan-18
190
OPUIYO ELIZABETH T
1,500.00
PTA
360.00
26-Jan-18
49
EMEH CATHERINE NWANYINNA
5,000.00
BTA
360.00
23-Jan-18
119
IWERE PATRICIA NGOZI
4,000.00
PTA
360.00
25-Jan-18
191
OWOLABI IBILOLA ESTHER
5,000.00
BTA
360.00
26-Jan-18
50
FALOUGHI ANGELA OLABISI
200.00
PTA
360.00
23-Jan-18
120
JUBRIL A ADEOYE
2,821.97
SCHOOL FEES
360.00
25-Jan-18
192
OYEMAMI SHUWA
1,108.18
PTA
360.00
26-Jan-18
52
FAWOLE BOLUTIFE GBOLA
4,000.00
PTA
360.00
23-Jan-18
121
KUZHE-AYUBA M BOSEDE
4,000.00
PTA
360.00
25-Jan-18
193
PRINCEWILL C OPARA
1,400.00
UPKEEP
360.00
26-Jan-18
53
FOLAMI OMOGBOLAHAN IDRIS
4,000.00
PTA
360.00
23-Jan-18
122
MARTINS ABIODUN EMMANUEL
4,000.00
PTA
360.00
25-Jan-18
194
SHNAYDER OLUWAKEMI TOLU
5,000.00
BTA
360.00
26-Jan-18
54
IBEAGWA MICHAEL IFENYI
4,000.00
PTA
360.00
23-Jan-18
123
MUSA MARCUS
8,751.00
SCHOOL FEES
360.00
25-Jan-18
195
UZUH O JAMES
4,000.00
PTA
360.00
26-Jan-18
55
IHENATUOHA PATRICK CHINYELU
4,000.00
PTA
360.00
23-Jan-18
124
NURUDEEN BABATUNDE AYINLA
4,000.00
PTA
360.00
25-Jan-18
196
VICTOR O ADEPOJU
1,570.00
ROOM AND BOARD
360.00
26-Jan-18
56
JOSEPH NYAGER
4,000.00
PTA
360.00
23-Jan-18
126
NWIDAM GREGORY BARIDOO
4,000.00
PTA
360.00
25-Jan-18
197
ZAKAWANU GARUBA IMHOBOBHO
57
MUDASHIR IDAYAT ADEOLA
1,200.00
PTA
360.00
23-Jan-18
127
ODERINDE AKINBIYI ADENIYI
4,000.00
PTA
360.00
25-Jan-18
198
FRIST BANK MERCHANT
58
OGO MBE CHUKS
4,000.00
BTA
360.00
23-Jan-18
128
OHAEGBULA KENNETH
SCHOOL FEES
360.00
25-Jan-18
199
AIRTEL NETWORKS LIMITED
59
OKOYE JONES NKEMAKONAM C
4,000.00
PTA
360.00
23-Jan-18
129
OLADEJI AMOS OLAWALE
PTA
360.00
25-Jan-18
200
FAREAST MERCHANTILE
60
ONWO CHIDIEBERE
2,000.00
PTA
360.00
23-Jan-18
130
olajuyigbe johnson temitope
4,000.00
PTA
360.00
25-Jan-18
201
GEETA PLASTIC
61
OZIM NARA ANTHONETTE
4,000.00
PTA
360.00
23-Jan-18
131
olajuyigbe monica adesola
4,000.00
PTA
360.00
25-Jan-18
202
ROMACO PRODUCTS LTD
62
TAOFIK BOLAJI SAIDAT
5,000.00
BTA
360.00
23-Jan-18
132
OLASUNKANMI YISAWU JIMOH
4,000.00
PTA
360.00
25-Jan-18
203
TRANSFER TO TRADER
63
TAOFIK FUNMILAYO SUSAN
5,000.00
BTA
360.00
23-Jan-18
133
OPARA PASCAL
4,000.00
PTA
360.00
25-Jan-18
204
CBN
64
UZOMA JOY
4,000.00
PTA
360.00
23-Jan-18
134
OPARA ROSEMUND
4,000.00
PTA
360.00
25-Jan-18
205
CBN
65
CWAY FOOD & BEVERAGES
PET PREFORM BOTTLE
361.00
23-Jan-18
135
OSUJI CHUKWUMACHE GODRICK
1,000.00
PTA
360.00
25-Jan-18
66
MANUCHAR TRADING HOUSE INT’L LTD
5000MT SODIUM SULPHATE
361.00
23-Jan-18
136
SAMUEL O NKWOR
7,600.00
SCHOOL FEES
360.00
25-Jan-18
67
NEW HOMES PRODUCT
224,300.00
SCANFROST BRAND DLED TV
361.00
23-Jan-18
137
SANI BUBAKAR SADDIQ
4,000.00
PTA
360.00
25-Jan-18
68
NEW HOMES PRODUCT
224,300.00
SCANFROST BRAND DLED TV
361.00
23-Jan-18
138
SETON GBOLADE OLUFEMI
1,000.00
PTA
360.00
25-Jan-18
69
CBN
332,735.93
UNUTILIZED IMTO TRANSFERRED TO CBN
357.00
23-Jan-18
139
SHANKA BROS NIG ENT
5,565.00
SCHOOL FEES
360.00
25-Jan-18
70
CBN
285,477.80
UNUTILIZED IMTO TRANSFERRED TO CBN
357.00
23-Jan-18
140
SODEINDE ROSALINA
PTA
360.00
25-Jan-18
24,000.00
100,000.00 8,585.76
500.00
14,726.00 5,000.00
36,700.00 4,000.00
705.56
71
YEKINI NABENA
4,000.00
PTA
360.00
24-Jan-18
141
TALATU F NMADU
5,950.08
SCHOOL FEES
360.00
25-Jan-18
72
ABUBAKAR INUSA IDRIS
4,000.00
PTA
360.00
24-Jan-18
142
TALATU F NMADU
3,885.49
SCHOOL FEES
360.00
25-Jan-18
3,500.00
865.00
4,000.00 1,534,929.25 43,000.00 495,890.40 50,000.00
PTA
SCHOOL FEES
360.00
26-Jan-18
INTERBANK
360.00
26-Jan-18
DSA PUNCH PACKAGED SIM CARD
361.00
26-Jan-18
TIGER RAZOR BLADES
361.00
26-Jan-18
ARTIFICIAL RESINS POLYPROPYLENE
361.00
26-Jan-18
AMPOULES & SPRAY PUMP
361.00
26-Jan-18
173,125.00
MASTERCARD
315.00
26-Jan-18
261,683.14
UNUTILIZED IMTO TRANSFERRED TO CBN
357.00
26-Jan-18
247,136.54
UNUTILIZED IMTO TRANSFERRED TO CBN
357.00
26-Jan-18
323.49
SOURCES OF FOREIGN EXCHANGE AS AT 26TH JANUARY 2018 S/N 1 2 3 4
SOURCE AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS
AMOUNT (US$) 121.30 1,031.05 1,138.90 10,192.15
5
AUTONOMOUS
7,592.75
6
AUTONOMOUS
89.00
7 8
AUTONOMOUS AUTONOMOUS
100.00 125.00
9
AUTONOMOUS
10
AUTONOMOUS
11
AUTONOMOUS
12
RATE 314.00 314.00 314.00 314.00
DATE 22-Jan-18 22-Jan-18 22-Jan-18 22-Jan-18
S/N 64 65 66 67
SOURCE AUTONOMOUS IMTO IMTO AUTONOMOUS
AMOUNT (US$) 12,635.00 282,102.77 329,067.56 523,000.00
314.00 22-Jan-18
68
AUTONOMOUS
314.00 22-Jan-18
69
AUTONOMOUS
314.00 22-Jan-18 314.00 22-Jan-18
70 71
AUTONOMOUS AUTONOMOUS
1,000,015.00 300,000.00
150.00
314.00 22-Jan-18
72
AUTONOMOUS
171.98
314.00 22-Jan-18
73
AUTONOMOUS
182.00
314.00 22-Jan-18
74
AUTONOMOUS
AUTONOMOUS
232.00
314.00 22-Jan-18
75
13 14 15 16 17 18
AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS
268.49 296.00 530.00 800.00 1,300.00 1,355.00
314.00 314.00 314.00 314.00 314.00 314.00
22-Jan-18 22-Jan-18 22-Jan-18 22-Jan-18 22-Jan-18 22-Jan-18
19
AUTONOMOUS
1,500.00
20
AUTONOMOUS
1,520.00
21
IMTO
2,317.35
22 23
IMTO IMTO
24
IMTO
25 26 27 28
IMTO IMTO
29
IMTO
30
IMTO
31
AUTONOMOUS
32 33
AUTONOMOUS AUTONOMOUS
34 35 36 37 38 39 40 41 42 43
RATE 314.00 355.00 355.00 320.50
DATE 23-Jan-18 23-Jan-18 23-Jan-18 23-Jan-18
S/N 127 128 129 130
SOURCE AUTONOMOUS AUTONOMOUS INTERBANK IMTO
AMOUNT (US$) 10,000.00 96,000.00 100,000.00 358,474.03
44,135.00
360.00 23-Jan-18
131
IMTO
514,032.63
355.00 24-Jan-18
500,000.00
359.00 23-Jan-18
132
AUTONOMOUS
52,980.00
360.00 24-Jan-18
360.00 23-Jan-18 360.00 23-Jan-18
133 134
AUTONOMOUS AUTONOMOUS
166,144.00 3.65
360.00 24-Jan-18 314.00 25-Jan-18
700,000.00
359.00 23-Jan-18
135
AUTONOMOUS
6.09
314.00 25-Jan-18
64,026.65
340.00 23-Jan-18
136
AUTONOMOUS
82.16
314.00 25-Jan-18
54.61
314.00 24-Jan-18
137
AUTONOMOUS
2,047.71
314.00 25-Jan-18
AUTONOMOUS
185.06
314.00 24-Jan-18
138
AUTONOMOUS
5,572.00
314.00 25-Jan-18
76 77 78 79 80 81
AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS
242.70 321.58 41.66 38.57 40.67 85.00
314.00 314.00 314.00 314.00 314.00 314.00
24-Jan-18 24-Jan-18 24-Jan-18 24-Jan-18 24-Jan-18 24-Jan-18
139 140 141 142 143 144
AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS
17.32 31.00 57.00 100.58 109.00 125.00
314.00 314.00 314.00 314.00 314.00 314.00
314.00 22-Jan-18
82
AUTONOMOUS
100.00
314.00 24-Jan-18
145
AUTONOMOUS
184.39
314.00 25-Jan-18
314.00 22-Jan-18
83
AUTONOMOUS
102.04
314.00 24-Jan-18
146
AUTONOMOUS
188.15
314.00 25-Jan-18
355.00 22-Jan-18
84
AUTONOMOUS
103.23
314.00 24-Jan-18
147
AUTONOMOUS
200.00
314.00 25-Jan-18
2,607.40 2,801.06
354.91 22-Jan-18 355.00 22-Jan-18
85 86
AUTONOMOUS AUTONOMOUS
108.91 111.14
314.00 24-Jan-18 314.00 24-Jan-18
148 149
AUTONOMOUS AUTONOMOUS
205.00 291.00
314.00 25-Jan-18 314.00 25-Jan-18
2,899.29
354.92 22-Jan-18
87
AUTONOMOUS
112.92
314.00 24-Jan-18
150
AUTONOMOUS
414.10
314.00 25-Jan-18
AUTONOMOUS
3,500.00
314.00 22-Jan-18
88
AUTONOMOUS
116.51
314.00 24-Jan-18
151
AUTONOMOUS
560.00
AUTONOMOUS
40,000.00
314.00 22-Jan-18
89
AUTONOMOUS
120.96
314.00 24-Jan-18
152
AUTONOMOUS
590.00
314.00 25-Jan-18
196,143.47 247,841.46
355.00 22-Jan-18 355.00 22-Jan-18
90 91
AUTONOMOUS AUTONOMOUS
121.25 121.29
314.00 24-Jan-18 314.00 24-Jan-18
153 154
AUTONOMOUS AUTONOMOUS
1,000.00 1,380.00
314.00 25-Jan-18 314.00 25-Jan-18
251,655.87
355.00 22-Jan-18
92
AUTONOMOUS
124.32
314.00 24-Jan-18
155
AUTONOMOUS
2,075.00
314.00 25-Jan-18
253,823.13
355.00 22-Jan-18
93
AUTONOMOUS
124.40
314.00 24-Jan-18
156
AUTONOMOUS
2,500.00
314.00 25-Jan-18
2,000,000.00
340.00 22-Jan-18
94
AUTONOMOUS
129.26
314.00 24-Jan-18
157
IMTO
3,016.27
355.00 25-Jan-18
13,980.00 49,990.00
358.00 22-Jan-18 360.00 22-Jan-18
95 96
AUTONOMOUS AUTONOMOUS
129.60 139.03
314.00 24-Jan-18 314.00 24-Jan-18
158 159
IMTO AUTONOMOUS
3,290.64 50,000.00
354.92 25-Jan-18 314.00 25-Jan-18
AUTONOMOUS
30,000.00
361.00 22-Jan-18
97
AUTONOMOUS
141.96
314.00 24-Jan-18
160
INTERBANK
50,000.00
305.90 25-Jan-18
AUTONOMOUS
607,850.00
359.50 22-Jan-18
98
AUTONOMOUS
179.71
314.00 24-Jan-18
161
IMTO
248,283.24
355.00 25-Jan-18
AUTONOMOUS
3,000.00
360.00 22-Jan-18
99
AUTONOMOUS
195.00
314.00 24-Jan-18
162
IMTO
293,692.71
355.00 25-Jan-18
AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS
623,700.00 2,000,000.00 3,000,000.00 66.74 103.11 412.56 7,520.60
360.00 357.00 357.00 314.00 314.00 314.00 314.00
22-Jan-18 22-Jan-18 22-Jan-18 23-Jan-18 23-Jan-18 23-Jan-18 23-Jan-18
100 101 102 103 104 105 106
AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS
220.00 239.18 244.00 276.48 344.00 355.00 374.55
314.00 314.00 314.00 314.00 314.00 314.00 314.00
24-Jan-18 24-Jan-18 24-Jan-18 24-Jan-18 24-Jan-18 24-Jan-18 24-Jan-18
163 164 165 166 167 168 169
AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS
62,185.00 900,000.00 1,340,000.00 100,000.00 114.12 123.19 841.97
RATE 314.00 314.00 305.85 355.00
DATE 24-Jan-18 24-Jan-18 24-Jan-18 24-Jan-18
25-Jan-18 25-Jan-18 25-Jan-18 25-Jan-18 25-Jan-18 25-Jan-18
314.00 25-Jan-18
360.00 360.00 360.00 360.00 314.00 314.00 314.00
25-Jan-18 25-Jan-18 25-Jan-18 25-Jan-18 26-Jan-18 26-Jan-18 26-Jan-18
44
AUTONOMOUS
20.00
314.00 23-Jan-18
107
AUTONOMOUS
377.88
314.00 24-Jan-18
170
AUTONOMOUS
49.64
314.00 26-Jan-18
45
AUTONOMOUS
20.00
314.00 23-Jan-18
108
AUTONOMOUS
400.00
314.00 24-Jan-18
171
AUTONOMOUS
50.35
314.00 26-Jan-18
46
AUTONOMOUS
40.00
314.00 23-Jan-18
109
AUTONOMOUS
416.11
314.00 24-Jan-18
172
AUTONOMOUS
100.00
315.00 26-Jan-18
47
AUTONOMOUS
45.67
314.00 23-Jan-18
110
AUTONOMOUS
495.50
314.00 24-Jan-18
173
AUTONOMOUS
129.38
314.00 26-Jan-18
48 49
AUTONOMOUS AUTONOMOUS
72.00 76.07
314.00 23-Jan-18 314.00 23-Jan-18
111 112
AUTONOMOUS AUTONOMOUS
593.93 681.83
314.00 24-Jan-18 314.00 24-Jan-18
174 175
AUTONOMOUS AUTONOMOUS
150.00 298.80
314.00 26-Jan-18 314.00 26-Jan-18
50
AUTONOMOUS
100.00
314.00 23-Jan-18
113
AUTONOMOUS
694.20
314.00 24-Jan-18
176
AUTONOMOUS
575.00
314.00 26-Jan-18
51
AUTONOMOUS
100.00
314.00 23-Jan-18
114
AUTONOMOUS
718.61
314.00 24-Jan-18
177
AUTONOMOUS
793.64
314.00 26-Jan-18
52 53
AUTONOMOUS AUTONOMOUS
135.00 170.00
314.00 23-Jan-18 314.00 23-Jan-18
115 116
AUTONOMOUS AUTONOMOUS
764.10 1,000.00
314.00 24-Jan-18 314.00 24-Jan-18
178 179
IMTO IMTO
2,815.24 2,920.64
355.00 26-Jan-18 354.88 26-Jan-18
54
AUTONOMOUS
390.00
314.00 23-Jan-18
117
AUTONOMOUS
1,024.17
314.00 24-Jan-18
180
AUTONOMOUS
5,000.00
314.00 26-Jan-18
55
AUTONOMOUS
400.00
314.00 23-Jan-18
118
AUTONOMOUS
1,500.00
314.00 24-Jan-18
181
AUTONOMOUS
9,500.00
314.00 26-Jan-18
56
AUTONOMOUS
560.00
314.00 23-Jan-18
119
AUTONOMOUS
1,550.00
314.00 24-Jan-18
182
IMTO
244,321.30
355.00 26-Jan-18
57 58
AUTONOMOUS AUTONOMOUS
650.00 913.00
314.00 23-Jan-18 314.00 23-Jan-18
120 121
AUTONOMOUS AUTONOMOUS
2,000.00 2,000.00
314.00 24-Jan-18 314.00 24-Jan-18
183 184
IMTO AUTONOMOUS
258,762.50 3,445.00
355.00 26-Jan-18 359.00 26-Jan-18
59
AUTONOMOUS
970.00
314.00 23-Jan-18
122
AUTONOMOUS
2,818.84
314.00 24-Jan-18
185
AUTONOMOUS
21,626.21
359.00 26-Jan-18
60
AUTONOMOUS
1,000.00
314.00 23-Jan-18
123
AUTONOMOUS
2,970.00
314.00 24-Jan-18
186
AUTONOMOUS
23,900.00
358.00 26-Jan-18
61 62
AUTONOMOUS IMTO
2,985.00 3,375.03
314.00 23-Jan-18 355.00 23-Jan-18
124 125
AUTONOMOUS IMTO
4,015.10 4,249.65
314.00 24-Jan-18 355.00 24-Jan-18
187 188
AUTONOMOUS AUTONOMOUS
83,000.00 199,990.00
360.00 26-Jan-18 359.00 26-Jan-18
63
IMTO
3,668.37
354.88 23-Jan-18
126
IMTO
5,579.03
354.90 24-Jan-18
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Group Business Editor ChikaAmanze-Nwachuku Email: chika.amanzenwachukwu@thisdaylive.com 08033294157, 08057161321
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2 0 1 8 EXCHANGE RATE
͹Ͳͯ˛ͯͳ ͎̋˛͎͹ ͹˛ͳͲ ͹˛ͳͲ ͹˛ͳͲ
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Quick Takes Total to Announce “Very Good� Results Total will on February 8 announce “very good� 2017 results and has the means for more major acquisitions, although its main focus for 2018 will be on absorbing Maersk Oil and other deals made last year, its chief executive said. “We have the means if we wish but it is not my priority, there are still many operations that we need to absorb, so 2018 will be rather the time to digest,� Total CEO Patrick Pouyanne told French TV station BFM Business at the World Economic Forum in Davos. He added, however, that if there were “great� opportunities, Total could consider them. French group Total will announce 2017 results on Febuary 8. “We are going to announce results that once again will be very good,� Pouyanne said. “We should be reporting profits on the rise. Above $10 billion,� he said. Total reported net profit of $8.2 billion for 2016, with earnings helped by cost cuts made due to a prolonged downturn in the price of oil. The company is expected to report 2017 net profit of $10.5 billion, according to Thomson Reuters I/B/E/S estimates. “We must not lose that discipline on cost. I always say we cannot control oil prices but can only control our costs,� said Pouyanne.
FOR PETROLEUM PRODUCTS AVAILABILITY
L-R: Managing Director, Menj Oil Limited, Mr. Johnson Peters; Managing Director, First City Monument Bank (FCMB), Mr. Adam Nuru and former Deputy Speaker, Edo State House of Assembly, Hon. Festus Ebea, during the inauguration and dedication of Menj Oil’s tank farm solely ďŹ nanced by FCMB at Ijegun, Lagos State... recently
Petrol Crisis May Worsen as Depot Price Hits N165 Per Litre NNPC discharges two vessels simultaneously Ejiofor Alike Despite what seems like the best efforts of the Nigerian National Petroleum Corporation (NNPC) to end the protracted petrol scarcity in the country, the fuel supply situation may worsen as the price has hit N165 per litre at the depots, against the official price of N133.28, THISDAY’s investigation has revealed. This is coming as two petrol vessels imported by the NNPC discharged simultaneously in Lagos at the weekend. Petrol scarcity, which had marred the Christmas and
ENERGY New Year celebrations, has persisted despite the efforts of the NNPC to successfully perform the onerous task of meeting the country’s fuel need, following the refusal of the private marketers to import on account of unsustainability of the official pricing regime. A market survey conducted by THISDAY showed that only seven out of over 30 depots had stock of petrol at the weekend. The depots include Folawiyo, Fatgbems, Aiteo, Bovas, Heyden, Rainoil/First
Royal and NIPCO. However, the major marketers had stock of NNPC’s petrol, which the corporation was dispensing to only the major marketers’ dealers and their branded filling stations at official price. It was gathered that the petrol in these depots belong to the NNPC under throughput arrangement with these depot owners. Worried that the petrol it imported and allocated to marketers did not get to retail outlets and motorists at official price, the NNPC had since stopped allocating product
to marketers and resorted to throughput arrangement with selected marketing firms to have affective control of supply and distribution. The Niger State Command of the Nigerian Security and Civil Defence Corps (NSCDC) recently apprehended eight trucks of petrol in Mokwa, Niger State. The trucks had a combined capacity of 469,000 litres and were set on cross-border diversion to the Republic of Benin through Babana, a border town of about 700 Continued on page 22
NNPC, Total to Produce Oil from Egina Field at $20 Per Barrel Chineme Okafor in Abuja The Chief Operating Officer (COO) in charge of Upstream at the Nigerian National Petroleum Corporation (NNPC), Mr. Rabiu Bello has said that crude oil would be produced at a cost of $20 per barrel by Total Upstream Nigeria Limited (TUPNI) at the Egina deepwater oilfield. Bello disclosed this in his presentation at the public hearing organised by the Senate Ad-hoc committee investigating the local content elements of the 200,000 barrels capacity Egina Floating Production Storage
ENERGY and Offloading (FPSO) unit, in Abuja. He stated that estimates made by the partners indicated that at most, it will cost operators of the field $20 to produce a barrel of oil from it, noting that this was economical and profitable. He explained that so far, only about $10 billion had been expended on the project, with no variations requested by TUPNI. Similarly, the Managing Director of TUPNI, Mr. Nicolas
Terraz stated in his presentation that upon its commencement of production later in 2018, the Egina project will contribute about 10 per cent of Nigeria’s total oil production. According to Terraz, the project has complied with all of the federal government’s local content dictates and employed about 3,000 local workforce in the last five years of its implementation, in addition to fabricating 60,000 tons of its equipment in-country. “The Egina project, located in OML 130, is the largest oil and gas development cur-
rently ongoing in Nigeria. The field is being developed by TUPNI in partnership with NNPC, CNOOC, SAPETRO and PETROBRAS. Operated by TUPNI, the project was launched in 2013 and is expected to start producing in the fourth quarter of 2018. It will add 200,000 barrels per day to Nigeria’s oil production, or approximately 10 per cent of the country’s total oil production,� said Terraz. “Being the first major deepwater development project launched after the enactment Continued on page 22
OPEC’s Output Cut Tightens Inventories The Organisation of Petroleum Exporting Countries (OPEC) and its allies insist more needs to be done to reduce global oil inventories but the market already shows unmistakeable signs of becoming very tight. Brent futures have moved into the largest and most sustained backwardation since June and July 2014, before the slump began and when the spot price was still trading above $100 per barrel. The six-month calendar spread closed in a backwardation of $2.50 per barrel on Jan. 24, up from a contango of $1.85 twelve months ago. Brent spreads regularly cycle between contango and backwardation as the global oil market alternates between periods of over- and under-supply. Reuters explained that contango is associated with periods of high and rising stocks while backwardation is associated with low and falling inventories.
US Drillers Add Most Oil rigs US energy companies added 12 oil rigs this week, the biggest weekly increase since March, as crude prices hovered near their highest levels since 2014, prompting drillers to return to the well pad. Drillers boosted the oil rig count to 759 in the week to January 26, the highest level since September, General Electric Co’s Baker Hughes energy services firm said in its closely followed report at the weekend. More than half of those oil rigs were located in the Permian basin in west Texas and eastern New Mexico where the number of active units increased by 18 this week to 427, the most since January 2015. That was the biggest one-week increase in rigs in the Permian since November 2013. Those rigs were expected to help boost oil output in the Permian to a record high near 2.9 million barrels per day in February, according to federal projections, representing about 30 per cent of total US oil production. The total US oil rig count, an early indicator of future output, is much higher than a year ago when only 566 rigs were active after energy companies started to boost spending in mid 2016 as crude started recovering from a two-year price crash.
“Tariff is below the cost; so we need to work hard with the government to see what we can do to get people to pay for powerâ€? Chief Executive OďŹƒcer, Ibadan Electricity Distribution Company (IBEDC), Mr. John Donnachie
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BUSINESSWORLD PETROL CRISIS MAY WORSEN AS DEPOT PRICE HITS N165 PER LITRE
CISLAC Seeks Expeditious Passage of All PIB Components Chika Amanze-Nwachuku
kilometres from Minna. The diversion of trucks it allocated to marketers had forced the NNPC to concentrate on direct sale to trucks under throughput arrangement to monitor distribution. THISDAY, however, gathered that marketers that bought NNPC tickets direct from the corporation to lift these products were selling these tickets to third party at price range of N165 per litre and N157 per litre. Marketers who spoke to THISDAY blamed the high ex-depot price on adequate supply. “We said it that NNPC can’t do it alone. NNPC can’t sustain supply, no matter, the number of ships they bring in. Under normal situation, NNPC accounts for 40 per cent of importation and the private marketers account for 60 per cent. For NNPC to assume 100 per cent role since October last year will not be sustainable. It has overstretched the NNPC and the result was what we saw during Christmas and what we are still seeing today. NNPC can’t simply sustain supply,� said one of the marketers.
NNPC, TOTAL TO PRODUCE OIL FROM EGINA FIELD AT $20 PER BARREL
of the Nigeria Oil and Gas Industry Content Development (NOGICD) Act, the Egina project has the highest level of local content of any such project so far. “As operator of the Egina project, TUPNI fully identifies with the government’s aspirations for Nigerian Content and has been working closely with the Nigerian Content Development Monitoring Board (NCDMB) and NNPC to maximise Nigerian Content on the project,� Terraz added. He stated that TUPNI in response to the committee’s letter, provided a detailed submission to it with regards to its request.
Group Business Editor
Chika Amanze-Nwachuku AgriBusiness/Industry Editor
Jonathan Eze
Comms/e-Business Editor
Emma Okonji
Capital Market Editor
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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
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NEWS
The Civil Society Legislative Advocacy Centre (CISLAC) has again called for expeditious passage of the remaining components of the Petroleum Industry Bill (PIB), in order to attract significant new investments into the oil and gas sector. CISLAC Executive Director (ED), Auwal Musa, who made the call over the weekend in Lagos, decried the continued delay in the passage of the bill, which has been in the works for 17 years. He pointed out that the delay was causing a lot of uncertainties in the oil and gas industry. The advocacy group ED, however commended the National Assembly for passing one of the components of the bill – the Petroleum Industry Governance Bill (PIGB), which contains the restructuring and reformation of the nation’s oil and gas industry and prayed for its harmonisation by both chambers and its assent by the executive arm without further delay. He traced the PIB to 2000, when the Oil and Gas Reform Implementation Committee (OGIC), Chaired by the late former oil minister, Rilwan Lukman, recommended a policy for reforming the sector following the need to separate the commercial institutions in the sector from the regulatory and policy- making institutions. “The government reconstituted OGIC in 2007 and mandated it to set up legal, regulatory and institutional structures for managing the oil and gas sector in the line with the National Oil and Gas Policy. The recommendation
in 2008 formed the basis of the first draft PIB submitted to the NASS. “The failure to pass the Bill led to the constitution of a federal inter-agency team to review the Bill. The team’s report was submitted in 2010. The Senate and the House of Representatives submitted different Bills in 2011. Since then, a law has been elusive. This administration promised to pass it into law if voted into power, during the electioneering campaign in 2015. The executive and NASS at the highest levels have reiterated this severally. At the resumption from recess of the sessions of each chamber, it
is placed on the agenda. The Oil Sector Roadmap (7 Big Wins) projected to have passed it since December 2016�, he recalled. The bill was spilt into threePetroleum Industry Institution Framework Governance Bill, (PIGB), Petroleum Industry Fiscal Framework Bill and Petroleum Host Community Development Bill by the current National Assembly. The PIGB has been passed by both chambers awaiting harmonisation and presidential assent. The other components have passed second reading at the House of Representatives. Musa said Nigeria will continue to lose billions of
dollars in fresh investments in the petroleum sector as a result of uncertainties created by the delay in the passage of the bill. On the other hand, he listed the huge benefits that will accrue to the country if all the components of the bill are signed into law to include increased revenues from improved government take; increased investment across the value chain in the sector that will stimulate increase in exploration and production to facilitate fresh discoveries and reserves. The oil industry bill, if passed into law, will propel
diversification, job creation and local content and participation in the sector. It will provide for better environment management and health and safety practices; commercially viable and professionally run national oil company devoid of political interference. Besides, there will be strong and independent regulatory institutions to promote transparency and accountability and well protected, safer and more peaceful host communities that encourage friendly operational and business environments and guaranty output targets for government and profitability for investors.
CAPACITY BUILDING
L-R: Ogun State’s Commissioner for Commerce and Industry, Bimbo Ashiru; Ambassador of Federal Republic of Germany to Nigeria, Bernhard Schlagheck; Governor Ibikunle Amosun of Ogun state and his deputy, Yetunde Onanuga at the inauguration of Ogun State FTAISA Skills Training and Entrepreneurship Development Programme held in Abeokuta ....recently
Why Private Financiers Are Not Investing in FG Woos Investors With 40% Transmission Network Stake in Discos Stories by Chineme Okafor in Abuja The Transmission Company of Nigeria (TCN) has explained the challenges that hamper private sector’s investment in expanding and upgrading transmission facilities in Nigeria. TCN has also disclosed that about 159 containers containing power transmission equipment meant for it are still left unclaimed at different seaports in the country. The company stated that the equipment containers were abandoned by contractors engaged by it in the past, but who did not deliver on their contracts. TCN’s Interim Managing Director, Mr. Usman Mohammed disclosed these at a recent meeting organised by the Nextier Power, a power advisory firm in Abuja. He said the wheeling charge applicable to Nigeria’s transmission sector was still low and unable to attract private investments to fund transmission network upgrade and expansion. Mohammed, however, noted that the TCN had applied for a review of this to the Nigerian Electricity Regulatory Commission (NERC). He
explained the low wheeling charge was unattractive to potential investors, and that the TCN has received just 40 per cent of its invoice from the market in last one year. According to him, the transmission company gets paid the least tariff from the market. He pointed out that it was difficult to expand the wheeling capacity beyond the generation or distribution capacities using private funds because the market does not compensate for transmission capacity not in use. While assuring that the TCN was ready to play its role in the sector, Mohammed, however said that most lines in the country would be re-conducted this year and in the coming years, to bring the capacity of the lines to the same level as the transmission substations across the country. “To be honest, there are a lot of private sector interests in transmission. There are so many private sector that want to participate in building transmission either in terms of build-own-operate and transfer or contractor financing. “Every day we see so many of these people coming but the question is if you want
to do that what do you need to put in place to be able to have sustainable private sector involvement. “You need to have a revenue stream and if you look at the illiquidity of the power sector which the distribution sector is managing, since I came we have not received up to 40 per cent of our invoice and we have proved to them that our tariff is the lowest in the sector,� he stated. He said the TCN was still waiting for the NERC to consent to its request for an extraordinary tariff review, adding that without it, it will be difficult for the private sector to operate in transmission with a low wheeling charge. On the stranded containers, he said: “We discovered that most of the original equipment manufacturers abroad are interested in supplying equipment to Nigeria but they are not interested in participating in the implementation of projects inside Nigeria because of the bad news they hear. So, what they do is that they enter into contracts with some local people, whether these local partners have capacity does not matter to the OEMs,� he said.
The federal government will use portions of its 40 per cent shares in the 11 electricity distribution companies (Discos) to raise funds for the expansion of the distribution networks, the Minister of Power, Works and Housing, Mr. Babatunde Fashola has disclosed. Fashola stated recently in Abuja while briefing State House correspondents on the outcome of the last Federal Executive Council (FEC) meeting, that the FEC approved the ministry’s memo targeted at providing a framework of investment in expanding the distribution network so they can deliver an extra 2000 megawatts (MW) of electricity. According to him, this electricity can be generated but cannot be distributed to Nigerians due to limitations in the distribution network. “Nigeria today has 2000MW of electricity that cannot reach consumers because of lack of distribution capacity,� said Fashola. He further explained: “Also presently, Nigeria can generate 7,000MW of electricity. The Transmission Company of Nigeria (TCN), following extensive grid expansion in the last two years, also now has the capacity to wheel the
7,000MW. But bottlenecks exist at the distribution level, with only 5,000MW of distribution capacity; hence the need for expansion.� “The framework for investment to improve distribution capacity will involve competitive international tendering and procurement. The federal government will contribute 40 per cent of the needed investment based on its 40 per cent Disco ownership, while the Discos will contribute 60 per cent,� he added. “Meanwhile, expansion in generation and transmission capacity are continuing,� as he noted that about 1,600 MW of new electricity generation capacity would be added to the power market in 2018,� Fashola said. At the last power sector operators’ meeting in Lafia, Nasarawa State, Fashola said the government would present to the Discos, investments work plan to build 33/11/0.415kV lines and distribution substations. According to him, the investment can make them to utilise the 2,000MW excess power generated by the power generation companies (Gencos) but not taken by the Discos.
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Egina Field Set to Flow With the recent arrival in the country of the $3.3 billion Egina Floating Production Storage Offloading unit from South Korea, Nigeria is set to add 200,000 barrels of crude oil to her daily output from the $16 billion Egina oilfield. Ejiofor Alike reports The Floating Production Storage Offloading vessel (FPSO) unit for the Egina oilfield, which left the quay side at Samsung Yard in Geoje, South Korea on October 31, 2017, finally berthed at the newly built 500-metre FPSO integration quayside at the Samsung Yard (SHI-MCI Yard), at the LADOL Free Zone in Lagos last Wednesday. With the arrival of the $3.3 billion world’s largest FPSO, history is upon the oil and gas industry as the country is set to add 200,000 barrels per day of crude oil to her current production capacity. The Egina FPSO, at 330 metres long, 61 metreswide, and 75 metres high with a production capacity of 200,000 barrels per day, was constructed at the Samsung yard, Geoje, South Korea. The Egina FPSO was constructed by Samsung Heavy Industries Nigeria Limited (SHIN) for Total Upstream Nigeria Limited under the Oil Mining License (OML) 130 and is commonly referred to as the Egina Project. As a commitment to building local capacity and ensuring technology transfer, SHIN together with its joint venture partner, established SHIMCI FZE (SHI-MCI) as a joint venture entity. The SHI-MCI facility, located at Tarkwa Bay, is West Africa’s first fabrication and integration yard and is on a land mass spanning 121,000m2and has a 502 metre long deep quay wall that is the largest in Africa. Six out of the 18 modules of the Egina FPSO were fabricated in Nigeria, which is a first time achievement for the country. Major components of the six modules were fabricated at the SHI-MCI yard, the place where those six modules will be integrated on top of Egina FPSO. With state of the art equipment and technology know-how, SHI-MCI has the capacity to fabricate 10000mt and is recording high productivity at an early stage of its operations due principally to the influx of Samsung’s technical expertise which has greatly aided speedy technology transfer. Samsung invested over $300 million for the construction of the fabrication yard and through SHI-MCI, it is fully committed to technology transfer and training of local capacity in the field of shipbuilding and offshore plant manufacturing technologies. The Egina Project has set the bar very high in terms of compliance with Local Content laws with over 1,000 Nigerians employed in various capacities. The arrival of the Egina FPSO in Nigeria is a huge milestone towards the completion of the Egina Project and eventual recovery of first oil. After the arrival of the Egina FPSO at the SHI-MCI quayside, the integration of the six modules fabricated in Nigeria will commence. It is noteworthy that the Egina Project is progressing smoothly and is expected to be completed on schedule this year. Once completed, the Egina FPSO will sail away to the Egina field and will be sited at the block offshore were oil production is expected to commence and add 200,000 barrels per day to Nigeria’s daily output.. Local content devt Speaking during the arrival ceremony, the Managing Director of Total E & P, Mr. Nicolas Terraz, said the six locally fabricated modules of the FPSO would be integrated into the FPSO at the Samsung Yard over the next six months before the FPSO sails away to the Egina field. Terraz noted that the local integration of the FPSO is a first for Nigeria and Africa. He said with a length of 330 metres, the Egina FPSO is the largest FPSO ever installed in Nigeria and the largest FPSO built by the Total Group worldwide. According to him, the integration of the six locally fabricated topside modules at the SHI-MCI Yard before its final sail-away to the Egina field is a game changer and a remarkable achievement in local content development in Nigeria. “Being the first project to be launched after the enactment of the Nigerian Oil and Gas Industry Content Development Act in 2010, Egina is advancing Nigerian Content to record
Front view of Egina FPSO as it arrived in Lagos levels and has by far the highest quantum of local content completed for any oil & gas project in Nigeria, but also for Total’s projects worldwide,� Terraz said. Terraz added that several technological feats have been recorded by the various entities involved in the Egina project. Before Total launched the Egina project, all the FPSOs operating in Nigeria’s oil and gas industry were built and integrated in foreign yards, thus denying Nigeria the huge benefits of growing her Gross Domestic Product (GDP) through in-country domiciliation of the huge expenditure, and local capacity development, as well as job creation. But with the signing into law, the Nigerian Oil and Gas Industry Content Development
Being the ďŹ rst project to be launched after the enactment of the Nigerian Oil and Gas Industry Content Development Act in 2010, Egina is advancing Nigerian Content to record levels and has by far the highest quantum of local content completed for any oil and gas project in Nigeria, but also for Total’s projects worldwide
(NOGICD) Act on April 22, 2010 by former President Goodluck Jonathan, the law mandated the Nigerian Content Development and Monitoring Board (NCDMB) to deepen the participation of Nigerians and Nigerian facilities in the oil and gas industry, by facilitating local capacity development and ensuring that the execution of large components of any project is domiciled in-country. With the backing of this piece of legislation, the NCDMB insisted that any future integration of FPSOs must be carried out locally. The agency also directed that a large fabrication scope of FPSO project must be performed in Nigeria. By insisting on domiciling certain scopes of oil and gas industry jobs in-country, the NCDMB incentivised indigenous providers of services to invest heavily to build capacity to be able to meet the expected demand in more challenging jobs. However, it was quite a challenge to find the shipbuilding company, which will be able to make such commitment and that plan to come true. SHI had committed to make local entity within the Free Zone, and against all owes, has shown to make No.1 yard in Africa. Thus, the planned local fabrication and integration of Egina FPSO and indeed, all future FPSOs built for the West African sub-region by SHI, is a game changer in Nigerian Content development. The project will potentially make the country the hub of oil and gas business with huge Nigerians expected to be gainfully employed directly and indirectly. Since the commencement of the project, SHI has made deliberate efforts to build local capacity by training Nigerians in Nigeria and South Korea. The fabrication yard has already provided 1,200 employment opportunities in the areas of welding, fitting and other support services; while the cascade effect outside the yard will generate huge jobs over the coming years. The Project Management Team (PMT) and all the main contractors’ PMT offices are based in Nigeria, with 94 per cent of basic engineering executed in Lagos by Nigerian companies. Also detailed engineering was done in-country
with a consortium of three Nigerian companies with 85 per cent of engineering man-hours expended in Nigeria. Again, in the area of fabrication and integration, SHI has also set a new record in Nigerian content development, having locally fabricated six modules or about 60,000 tonnes of the equipment out of the 18 modules, representing over 30 per cent of the main packages of the project. The six FPSO topside modules for Egina FPSO were fabricated in-country across fabrication yards and will be integrated into the main FPSO when the FPSO arrives at the Samsung Yard in Lagos, the first of its kind to be berthed at quayside in Nigeria. Apart from the fact that the Egina field has the largest FPSO in Nigeria, its FPSO will also be the first to be fabricated and integrated locally in Nigeria, and indeed, Africa. Challenges There is no doubt that Nigeria’s oil and gas industry is characterised by high level of insecurity, long contracting cycle, lack of respect for sanctity of contracts, inconsistency of policies, overregulation and bureaucracy, which have made the country a high risk environment for the oil and gas industry. So, it is not surprising that the Egina project has experienced some challenges and setbacks which are the common issues with doing business in Nigeria. However, the challenges are very enormous and a setback to the federal government’s efforts to enhance the country’s position in the global ease of doing business ranking. According to the partners in the Egina project, government bureaucracy, length of time in obtaining licenses and permits, bureaucratic bottlenecks at various government agencies, have been setbacks experienced by SHIN and SHI-MCI in delivering the Egina project. As foreign businesses wish to protect their interests and investment, only a conducive and enabling environment will ensure that more foreign investments come into the country and foreign businesses already established do not leave. The challenges highlighted have to be totally eradicated and the Nigerian government has a major role to play in this regard.
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Tracking the Progress of CBN’s Intervention Funds Chineme Okafor tracks the monetary disbursements of the N701 billion Central Bank of Nigeria facility to the electricity generation companies
Power substation Payment details recently obtained by THISDAY in Abuja, have shown that within the first seven months of 2017 – January to July, the Nigeria Bulk Electricity Trading Plc (NBET) disbursed a total of N152, 974,049,314.04 to 23 power generation companies (Gencos) from the N701 billion payment support facility it secured from the Central Bank of Nigeria (CBN) to meet its payment obligations to the Gencos. From the document, the NBET had within these months effectively disbursed about 21.6 per cent of the N701 billion to the Gencos. Disbursements for the remaining five months of the year were however unavailable for analysis, but from the payment trajectory, it appeared NBET’s administration of the fund took off on a good note. The document also contained other payments made by the NBET to the Gencos from what it collected from market within the sevenmonth period and which amounted to N83, 351,618,439.44. According to the document, aggregate payments from the CBN facility and market collections to the Gencos within the period totalled N236, 352,667,753.53, representing about 80 per cent of the Gencos invoices within the payment cycle, and in line with the NBET’s strategy of meeting up with payments of the Gencos’ monthly invoices in this regards. Purpose of the N701billion fund To guarantee Gencos’ continued production of power through timely payment of their bills, the federal government in 2017 approved the CBN’s N701 billion facility to the NBET. The loan, which is not a grant, will cover up to 50 per cent of the Gencos’ invoices every month for two years beginning from January 2017. According to the government, it is focused on paying Gencos who generate electricity to the grid and their gas suppliers. The purpose of the fund is to bring some level of financial and operational stability to the generation part of Nigeria’s power sector.
Besides, the NBET would through the facility be able to comfortably offtake electricity from the Gencos to the distribution companies, while assuring further investments in the sector. The NBET, according to a final term sheet on the loan, which THISDAY obtained, will have until 2028, which is a 10-year window, to fully liquidate the loan with a single-digit interest of five per cent per annum. Also, in the term sheet, the NBET will have a two-year moratorium on the principal repayment and should in this regards, only begin to pay back the loan as from January 2019, while repayment of the interest would start from January 2018. Following the approval given to the NBET in March 2017 by the Federal Executive Council (FEC) to negotiate the loan with the CBN, both
To guarantee Gencos’ continued production of power through timely payment of their bills, the federal government in 2017 approved the CBN’s N701 billion facility to the NBET
agencies engaged in lengthy negotiations on the loan terms. Nevertheless, the NBET will provide a letter of commitment to back up its repayment obligation through its annual budget. The ministry of finance, budget and national planning are also expected to guarantee that repayments would be done as scheduled should there be any case of non-release of funds from budgetary allocation. Similarly, to ensure transparent disbursements of the funds in the loan, the term sheet stated that drawdowns will be made on a monthly basis based on invoices over a period. “The applications for disbursement will contain comprehensive breakdowns of the elements of the payment showing the amounts due to each participating generator and its approved third parties. CBN will review NBET’s submission and credit the beneficiaries that meet full disbursement criteria,� the term sheet stated. Progress of disbursement A breakdown of the seven-month payment details however disclosed that while all the traditional Gencos in the country – Kainji, Jebba, and Shiroro hydro plants, as well as Egbin, Transcorp Ughelli, Olorunsogo, and Shell Afam VI amongst others, consistently got paid within the period, up to eight out of the 10 power plants built under the National Integrated Power Projects (NIPPs) and managed by the Niger Delta Power Holding Company Ltd (NDPHC) equally got paid their invoices. This buttressed a recent claim by the Managing Director of the NDPHC, Mr. Chiedu Ugbo, that the N701 billion had been active in keeping the power sector from failing on the back of its chronic financial troubles. The document stated that in January, the NBET paid the Gencos N17, 798,034,924 from the CBN facility and N10, 261,162,962 from the market collection to bring its total payment for the month to N28, 062,500,633; in February, it paid N19, 418,923,176 of CBN facility and N12, 694,236,034 of market remittance to the
Gencos to make it N32, 113,159,209 for the month; and subsequently remitted in the March payment cycle to the Gencos a total of N35, 504,246,057 containing N22,716,939,426, from the CBN facility and N12,787,306,631, from the market. In April, N33, 136,620,819, was paid to the Gencos, out of which N20, 413,956,976, and N12, 722,663,843, were from the CBN facility and market collections respectively; payments for May, were N22, 818,891,888 (CBN facility) and N12,768,139,783 (market collections), totalling, N35,587,031,670; while that of June was N35,716,952,468.55 - N24,423,995,689.76 (CBN facility) and N11,292,956,778.79 (market collections). For July, the NBET paid the Gencos a total of N36,208,459,641.98, containing N25,383,307,234.28, from the CBN facility and N10,825,152,407.70, collected from the market. A timely intervention Sharing his perspective on how power Gencos have benefited from the facility since it was approved and disbursement began, Ugbo, whose plants are about the most beneficiaries of the payments, stated in a recent interview that the intervention was timely. He said the government came up with the fund to resolve the power sector liquidity challenge, adding: “It’s a payment assurance that is basically to ensure that we pay gas suppliers. Since that burden has been taken from us, if we get between 25 and 20 per cent, we have to manage our operations, maintain our plants and pay our staff. Mind you, it is not enough, but we keep managing the situation.� Ugbo, further explained during a December parley with reporters that, the NBET currently pays about 50 per cent of the Gencos’ invoice by off-setting the gas cost directly in addition to the about 30 per cent that the Discos remit. “At least we are able to get in the region of 80 per cent of our invoices paid now; that is why you can see that we are able to cope,� he added.
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Banerjee: Product Innovation, Affordable Prices Have Sustained Us The Managing Director, Binatone Nigeria, Mr. Prasun Banerjee, has lauded the federal government’s efforts at strengthening the economy with favourable policies. He spoke with select journalists on how the company drives its business with practical strategies. Jonathan Eze brings the excerpts: How has it been managing Binatone? I have been managing the affairs of Binatone Nigeria for one and half years. During this time, we have been able to do good business although there have been some economic challenges. Binatone is a well-known British brand that has been in Nigeria in the last 40 years. It started with electronics and over a period of many years, it shifted its product offerings to fans, kitchen appliances, power products like UPS and stabilisers. We are leaders in fans. We have a wide range of fans. We recently introduced a tower fan with a Bluetooth speaker which means that if you switch on your fan, you can pair your phone to the Bluetooth speaker and listen to music. The purpose is to launch this one of a kind product that is not available anywhere. We are happy that we are launching it in Nigeria for the first time. How would you compare your market shares in Nigeria with the UK and other African countries? Nigeria is a very huge market filled with a young population. Nigeria is one of our home countries. It is a huge opportunity for us that our fans are coveted in every household in Nigeria. Our products are well accepted products here in Nigeria. We are not premium products, we are value for money and value to the many products. They are products which the middle class will always like to buy. For instance, Nigeria is the second biggest appliance market in Africa (after South Africa). All top international brands have strong presence in the market. Market is predominantly for mid and lower end products across all product categories. Of course, the Nigeria electronic market has always been doing great and remains a major market for Binatone to continue to explore. As far as Nigeria is concern, we are introducing very innovative products. We have launched many products and we still intend to launch. In short, there is big market in Nigeria. How did your company survive the hard economic time that almost swallowed businesses in the last couple of years? Although last year was a little bit difficult, but we were able to cope and stabilise. I will say that we have come out of it and that is why you can see many good products been introduced into the market. We actually has a long term strategy and that is what helped us. The same thing with the country. The government has put in place long term strategy and this will help the economy. Also, we have been in Nigeria for the past 40 years and we will be celebrating 60 years next year, globally. We learnt how to keep our cost low so that our products can be affordable, with high quality. We ensure that what we import is of good quality, with 2 years warranty. So, our aim is to create good value for money. We have a trusted brand in Nigeria for well over four decades. Over the years, we have identified that Africans particularly Nigerians like style. They are proud of their homes and want the most beautiful things to take a pride of place in their living rooms. They like practicality, advanced technology, unquestionable quality and of course an attractive price. How has the federal government’s policies on imported goods affected you? We don’t have problem with government policy as regards regulations. The only problem we have is the delay at the Apapa Port. This cause delay for us and you know one need to pay for demurrage at the end of the whole thing. But, government is already addressing this challenge. Efforts are being initiated for improving ease of doing business and we are quite satisfied
We are market leaders in fans and have an assembly unit here. We are also looking at assembling other kitchen appliance products and also help the government to accelerate its made-in-Nigeria initiative. How are you responding to demand for products that meet the energy challenges of the Nigerian environment? To take care of the energy challenges, we have rechargeable fans and we will be launching more fans with rechargeable capacity. We know that this is a challenge in Nigeria and there is an opportunity there. So we are one of the pioneers of rechargeable fans in Nigeria.
Banerjee with the progress the Federal Government of Nigeria is making to ensure a conducive business atmosphere. Government has come up with the procurement policy that says expatriates should not be used for any skill that can be sourced locally; how are you responding to this? Absolutely, we are doing that. We have very limited expatriates only wherever required, basically the MD. Across all our products and divisions, we have locals running the business. What is your expansion plan and what are the challenges associated with such efforts? Yes, we have plan to expand. In fact, we will be opening another assembly in the next two weeks. We want to go into various categories of products and of course with new innovation. In order to expand, one needs to invest, get their share of space in the showroom, and in order to get this share of space, they need to do visibility exercises in terms of product
Nigeria is a very huge market ďŹ lled with a young population. Nigeria is one of our home countries. It is a huge opportunity for us that our fans are coveted in every household in Nigeria
display and demonstration. We have demonstrators that we train on a regular basis on key features of the products and how to handle and sell them. Some merchants are our first point of contact with the customers. The trained demonstrators are one of the touch points that we have. In terms of availability, we were limited to certain class of retailers, now we have started expanding our retail network. We only had few supermarkets and retailers in Alaba but now we have big retail shops across Nigeria. We are working with the top retailers in Lagos, Port Harcourt, Abuja and Lagos. The second touch point we have is in terms of the display. The customer gets to have a touch and feel of the product. He gets it near to his house; he does not have to travel far to get the product. So our products are available in every supermarket and top retailers across the 36 states and the FCT. Abuja looks after the entire central and North; Port Harcourt looks after the East; Onitsha looks after Onitsha and Enugu and Lagos looks after Lagos and the South West. We have a service centre that is well equipped with trained engineers to take care of consumers even when they have complications beyond the two years covered by the warranty. Although, you are a big player in the electronics sector, Binatone is facing competition from new brands springing up regularly; how are you coping? Competition will always be there. Whenever there is a demand for a category, there will always be competition. But we believe that we give good value for money in proposition. We give a product which is affordable, has value for money and at the same time, gives peace of mind. Our core philosophy is to try and get the product across a wide spectrum of society at very affordable price. We don’t just give value for money; we also give value to many. We are available, pan Nigeria and one of our strengths is giving the consumer peace of mind. One of the ways we do that is to declare two-year warranty on each of our products. We’re already dominant in cooling products for the home, we felt the pulse of the consumer to produce the world’s first 2-in1 Music Fan.
What new product are you bringing to the Nigerian electronics? Binatone has recently launched its innovative Tower Music Fan. Binatone’s new Music Fan brings all of this in its new product offering – the Binatone Tower Fan with digital music. The audio is available via Bluetooth to play any pre-loaded or streamed music from any smartphone and it also allows audio to be played via USB, SD Card, or even a 3.5mm audio. A stunning tower fan with a built-in digital audio system that will reclaim that nostalgic place in the home that first radios once held. The innovation we have experienced in the past 2-3 decades is unprecedented and what we can achieve with technology is becoming limitless, and this puts a larger than ever onus on product development teams to be able to focus and deliver truly meaningful innovations. Our product is unique offering for the consumer. Two essential products in one saving valuable space in the home, the Binatone Music Fan is truly destined to be the new centre piece of any home with its style, music and coolness! How does the company hope to impact positively on the Nigerian economy? Despite recession we have been growing in business thanks to our product innovation and keeping our prices low. We have contributed both to the Nigerian exchequer as well as providing jobs to talented and meritorious Nigerians. Apart from direct employment, we also give a lot of indirect employment through the various agencies we hire who assist us in our business development. Concerning the issue of faking of your product, have you ever experience this and how did you address it? Whenever you have genuine products, fakes will be present. So it is something we have to work on. We have been working with Standards Organisation of Nigeria (SON) in identifying and destroying fakes and taking the perpetrators to court. Some cases are still in court. What we do is that whenever we see any product being converted to a fake, we try to exit that model and launch a new model. We try to keep one step ahead of the fakers. I advise customers to buy from authorised agents and distributors of our products and from leading electronic outlets and supermarkets where there are no fakes. Do you have challenges bringing in your raw materials? Initially most manufacturers had that challenge but in the last two months, there have been changes. Foreign exchange has been readily available and relatively stable. There is big hope for manufacturing in this country. I think once the forex gets available freely, markets will again bounce back and boom. I don’t have too much to complain about in terms of bringing in raw materials because we are getting good support.
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30.01.2018
WEEKLY PULL-OUT
‘BOKO HARAM DOCTRINES ARE NOT ISLAMIC’
Borno B orrno oS State tat Attorney-General, Mr. M r. Ka Kaka aka Shehu S Lawan
2/DASHBOARD
30.01.2018
Reason Why Courts May Grant Exemplary and Aggravated Damages PAGE 4
NBA-SBL Medical Seminar: Lawyers and Doctors Agree on How to Fix the Health Sector PAGE 5
Lagos Chief Judge Inaugurates Committee to Review Civil Procedure Rules PAGE 5
Indigenous Firms Lack Power to Enforce Local Content Act, Edo CJ
QUOTABLES ‘I have watched the Buhari Government closely. It’s not a perfect Government....But all in all, this is the best Government we have had since return to civilian rule in 1999. Far better than Obasanjo’s.....So, he has no right to start writing public letters and running down other governments, simply because he’s no longer the one in power, and in fact, worse still, advocating a third movement of which he will be a member, which is clearly unconstitutional.’ – Professor Itse Sagay, SAN, Chairman, Presidential Advisory Committee Against Corruption ‘I think the nation owes a debt of gratitude to Obasanjo, for speaking truth to power. Whatever one might say, someone needs to tell the Alleluia Chorus surrounding President Buhari, that the Emperor’s new clothes are not all that new, and Obasanjo had the guts to say that the Emperor is actually naked!’ – Professor Akin Oyebode, Professor of International Law & Jurisprudence
‘.....Apparently, the former President believes that this Administration does not deserve a pass mark in the area of the economy, which is the third of our three-pronged campaign promises....On whether or not President Buhari should run for another term.....this issue is a distraction for the President at this time....’ – Alhaji Lai Mohammed, Lawyer, Minister of Information & Culture, Federal Republic of Nigeria
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Court Slams $10m Judgement on Shoprite for Breach of Contract PAGE 6
‘Every Lawyer Must Imbibe Reading as a Hobby’ PAGE 6
Weighing in on Obasanjo’s ‘Advice’ to Buhari PAGE 10
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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The Nasarawa Animal in Teacher’s Name
I
Holy Child College would not exactly refer to myself as a troublemaker per se while I was in secondary school, but I was not a saint either, and so, I had my fair share of getting into trouble, but not for particularly serious offences. While I was at Holy Child College (Forms 1 & 2), we got into trouble a few times for noisemaking. I remember a particular incident, we were in form 2C, and our class was directly above ‘Maram’s’ office. Maram (Madam) as she was fondly referred to, was Mrs Sosan, our Principal. It was an extremely hot afternoon, and the Teacher for that period did not show up. The noisemaking reached a crescendo and Maram came up herself and caught us red-handed. She simply hauled us all out, and made us kneel down outside in the blazing sun until it was home time, as punishment for our noisemaking. Each time I remembered how my knees had hurt on the hot ground in the blistering heat, it kept me quiet in class for some time. Queen’s College Queen’s College (Forms 3-5) was not much different. There, we usually got evicted from the class or were given manual labour as punishment for misdeeds, the worst as far as I was concerned, was to clean the toilets. Because of my different activities, I practically became an expert at cutting grass, as good as any Gardener. The painful blisters that developed on my little palms after a grass cutting session, served as a deterrent to getting into trouble. I remember our Biology Teacher, better known as ‘Witch of Bendel’ or ‘Petals and Sepals’, because God help you if you didn’t know the difference between Petals and Sepals, you would receive some form of punishment. The ultimate crime was to call her by her old married name, after she had married her new husband. You could receive a slap! Nasarawa Abuse So you can imagine my horror, when I watched the video of the male Teacher at Government Senior Science School, Nasarawa, as he descended on the students, both male and female, making them lie down and trashing them with 3 strokes each of a long ‘koboko’ (horse
whip) with such ‘panache’, strength and viciousness, I was shocked. The Teacher was BRUTAL. Should a male Teacher even be able to mete out physical punishment on female students? I don’t think so. It is improper. We were also caned in our school days, but not like that. We were beaten on our palms with a stick/cane or ruler on our knuckles, and certainly not with a horse whip, as we are human beings not horses or animals. Even for animals that are pets - dogs and cats for example, that are not wild dangerous animals, the kind of caning that the Nasarawa Teacher gave his students, would be seen as abuse by the RSPCA (Royal Society for the Prevention of Cruelty to Animals) in the UK, if a pet owner did to them what the Nasarawa Teacher did to his students! And the perpetrator would be arrested. The Law Considering the fact that the Child Rights Act 2003 (CRA) has been domesticated in most States in Nigeria, including Nasarawa, making it effective there, it was disturbing to see such an open display of brutality and torture against youths, especially the girls. Apart from the fact that Section 17(3)(f) of the 1999 Constitution of the Federal Republic of Nigeria (as amended in 2010)(the Constitution) provides inter alia that “the State shall direct its policy towards ensuring that children, young persons and the aged are protected against any exploitation whatsoever.....”, Section 34(1)(a) also provides that “no person shall be subjected to torture or to inhuman or degrading treatment”. So, even if some the students that were beaten are over the age of 18 (the generally acceptable definition of a child, that is a person below the age of 18, as per the definition of a child by the 1989 Convention on the Rights of the Child), Section 34(1)(a) of the Constitution still avails them with protection against such brutality. The actions of that Teacher, obviously with the acquiescence of the School Authorities, was certainly unconstitutional. The constitutional right of the children/ youths, is again captured in Sections 3 & 11 of the CRA. Specifically, Section 11 of the CRA provides that “Every child is entitled to respect for the dignity of his
Nasarawa Teacher brutalising his students with the ‘Koboko’
person, and accordingly, no child shall be (a) subjected to physical, mental or emotional injury, abuse, neglect or maltreatment, including sexual abuse; (b) subjected to torture and inhuman and degrading treatment or punishment”. To ask young persons, especially females, to lie down in front of the whole school to be beaten in such a manner; there cannot be a better fit for the definition of physical and emotional injury, maltreatment, torture, inhuman and ‘degrading treatment’ than what occurred. Absolutely humiliating. And if any of the abused students had shown any emotion or cried out in pain (and that caning looked excruciatingly painful), they would probably never live it down among their colleagues, and would become the butt of jokes among the students. As I was writing this piece, a friend came in and we re-watched the Nasarawa video together. She told me about her niece who was beaten by a teacher, to the extent that during the beating, the cane entered and pierced the girl’s eye. She has now lost her sight in the eye! What did the teacher do? She came to beg the Parents of the girl, she was sorry, she didn’t want to lose her job etc. Left to me, she should have been arrested and charged for Assault with intent to cause grievous bodily harm. Criteria for Employment of Teachers One even wonders what really is the criteria for employing Teachers in this country, especially in Public/ Government schools. The requirements for employment, must be really low. Take for example what happened in Kaduna State, where a number as large as 20,000 Teachers employed by the State Government could not pass Primary School Examinations, what kind of education can they impart to any pupil? Nemo dat quod non habet (no one gives what he doesn’t have). If they are not even required to have proper academic qualifications, how then can their mental/ psychological states be of interest to their employers? The ‘stylish’ way in which that Teacher was using the ‘koboko’ on the students, swirling it around expertly, showed not only
ONIKEPO BRAITHWAITE
THE ADVOCATE onikepo.braithwaite@thisdaylive.com onikepob@yahoo.com
“THE ‘STYLISH’ WAY IN WHICH THAT TEACHER WAS USING THE ‘KOBOKO’ ON THE STUDENTS, SWIRLING IT AROUND EXPERTLY, SHOWED NOT ONLY THAT HE WAS ADEPT AT USING THE KOBOKO, BUT THAT HE DERIVES SATISFACTION FROM IT, AND IS PROBABLY SOME SORT OF ABUSER. SHOULD SUCH A PERSON BE PUT IN CHARGE OF CHILDREN? I THINK NOT”
that he was adept at using the koboko, but that he derives satisfaction from it, and is probably some sort of abuser. Should such a person be put in charge of children? I think not. Just like the Queen’s College Teacher who was accused of molesting the girls. There are probably thousands of confirmed child molesters, who are within the system employed as Teachers, but because we have no records or information with regard to sex offenders, and the Teachers probably do not have to undergo any type of psychological evaluation before they are employed, they just slip through the cracks and are unleashed on these unfortunate students. The truth of the matter is that, because the remuneration of Teachers is poor, you only get the ‘chaff’, the desperate and under-qualified seeking for jobs in the public education system, and that is why we end up with sometimes semi-illiterates and sometimes semipsychopaths as Teachers. There is a state of emergency in the Education sector in Nigeria. It needs serious overhauling. Government needs to increase the budget allocation, in the area of education. Until this is done, sadly, Nigeria will continue to have half-baked Teachers and half-baked graduates from all levels of education, whether primary, secondary, or tertiary.
4/LAW REPORT
30.01.2018
Reason Why Courts May Grant Exemplary and Aggravated Damages
T Facts
he Respondent bought shares of the 1st Appellant Bank, sometime in 2006. In a bid to sell the shares, the Respondent forwarded its share certificates to the 2nd Appellant, a subsidiary of the 1st Appellant, for verification. The certificates were returned unverified and after several failed attempts to get the Appellants to validate the certificates, the Respondent instituted an action at the Federal High Court. The Respondent sought a declaration that the Appellants’ refusal to allow the Respondent to exercise its rights over its shareholding in the 1st Appellant for reason of an alleged ‘CAUTION ON CERT REQUEST FROM SEC RECD’, is unknown to law and that same constituted a breach of the Respondent’s contractual and property rights. The trial Court delivered its judgement in favour of the Respondent and awarded the sum of N5,000,000.00 (Five Million Naira) as aggravated and exemplary damages against the Appellants. Dissatisfied, the Appellants appealed to the Court of Appeal. Issue for determination Whether the trial Court rightly adjudged the conduct of the Appellants wrongful and therefore, found them liable in exemplary and aggravated damages. Arguments The Appellants argued that the law is that, a duty is imposed on the Plaintiff to prove his case and that a party must lead evidence in support of his pleadings. They argued that where a Plaintiff fails to do so, he cannot rely on the weakness of the Defendant’s case to succeed. They relied on LARMIE v DRM & SERVICE LTD (2006) All FWLR (PT. 296) 775; M/V GONGOLA HOPR v SMUURFIT CASES LTD (2007) All FWLR (PT. 388) 1009. They argued further, that a remedy cannot be awarded as a matter of course, and that the Respondent failed woefully to prove its claims as there was no evidence showing that by the refusal to verify the Respondent’s certificate, the Respondent suffered any form of injury compensable in law. They posited that there was no proved legal nexus between the claim of the Respondent and the conduct of the Appellants at the lower Court, and that the Respondent failed to lead evidence in support of its declaratory reliefs. The Appellants relied on the cases of ALAO v AKANO (2005) All FWLR (Pt. 264) 799; CHUKWUMA v SPDC NIG LTD (1993) 4 SCNJ 1 at 42. The Appellants submitted further, that the lower Court failed to properly appreciate the issues placed before it and that undue consideration was given to a ruling or judgement of the Investment and Securities Tribunal which was not tendered in evidence and that by so doing, the lower Court made a case for the Respondent. They relied on OGBU v ANI (1994) 708 SCNJ (PT. 110) 363; ONIMOLE v ADEFOLABI (2008) All FWLR (PT. 433) 325. Finally, the Appellants, relying on AG ANAMBRA v C.N ONUSELUGO ENTERPRISES LTD (1987) 1 All NLR 579 SC., submitted that the award of N5,000,000.00, was unjustifiable as it proceeded from an improper and wrongful evaluation of evidence, and urged the Court of Appeal to set it aside. The Respondent submitted that the Appellants did not confine themselves to the real issues in conflict, and that based on the pleadings and evidence before the Court, it satisfactorily proved that a wrong capable of a remedy was inflicted on it by the Appellants. The Respondent argued that the lower Court was right to find the conduct of the Appellants unjustified, because the law does not empower the Appellants to interfere with its right to deal with its property. It argued that the reason proffered by the Appellants, that they were acting under the instructions of the Securities and Exchange Commission (SEC) when they refused to verify the share certificate, was not tenable and that the lower Court was right to have found as such. The Respondent contended that the Appellants failed to show that there was a statutory duty placed on them to do so, and that despite being aware of the decision of the Investment and Securities Tribunal in a similar matter brought by it against the SEC, the Appellant still persisted in refusing to validate the share certificate of the Respondent. Finally, the Respondent submitted that the judgement of the lower Court was not perverse, and it urged the Court
Yargata Byenchit Nimpar, JCA
In the Court of Appeal In the Lagos Judicial Division Holden at Lagos On Thursday, the 24th Day of November, 2017 Before Their Lordships Tijjani Abubakar Yargata Byenchit Nimpar Abimbola Osarugue Obaseki-Adejumo Justices, Court of Appeal CA/L/826/2009 Between 1. Access Bank Plc 2. United Securities (Substituted Pursuant to the Order of Court dated 10th day of February, 2016) .........Appellant And Megawealth Limited ......Respondent (Lead Judgement delivered by Hon. Joseph Shagbaor Ikyegh, JCA)
of Appeal to uphold the award of damages against the Appellants as reasonable and justified. The Respondent relied on ORGAN v NLNG (2013) 16 NWLR (PT. 1381) 506 at 550; ASOGWA v PDP (2013) 7 NWLR (PT. 1353) 207; MMA INC v NMA (2012) 18 NWLR (PT. 1333) 506 at 552. Courts Judgement and Rationale The Court of Appeal narrowed the complaints of the Appellants, to the failure of the Respondent to satisfactorily prove its claims at the lower Court and that the Court was wrong to have awarded aggravated and
“EXEMPLARY DAMAGES ARE USUALLY AWARDED TO TEACH THE DEFENDANT A LESSON, OR SERVE AS A DETERRENT TO BOTH THE DEFENDANT AND OTHERS. IT CONTAINS AN ELEMENT OF PUNISHMENT FOR THE DEFENDANT TO SUFFER”
exemplary damages in favour of the Respondent. The Court held that the law is trite that he who asserts must prove. In other words, a party seeking a relief from the Court has the legal burden as well as the evidential burden to prove, on the balance of probabilities, those facts he asserts. This onus is not static, but it shifts from side to side and finally rests on the party whom judgement will be given, if no further evidence is proffered. YUSUF v ADEGOKE (2007) All FWLR (PT. 385) 384. The Respondents contended that the Appellants were liable for wilfully refusing to verify its share certificate, based on an alleged instruction from SEC and without any justification, thereby preventing the Respondent from selling its shares. This clearly gives rise to an injury compensable in law. The general principle of law is that where there is a wrong, there should be a remedy. The question however, was whether the Respondent had satisfactorily proved its claims, to be entitled to the reliefs claimed at the lower Court. On the Appellants’ contention that the lower Court ought not to have relied on the judgement of the Investment and Securities Tribunal which they contended was not tendered in evidence, the Court held that it was clear that the judgement was attached to Exhibit A and same was tendered before the Court; thus, the lower Court was right in placing reliance on it. Once a document is validly admissible and has been tendered in evidence, its attachments go with it and it will be given the same legal weight. The Court referred to OLLY v TUNJI & ORS (2012) LPELR–7911(CA). The Court of Appeal however, found that the reason given by the Appellant for refusal to validate the share certificate, was that it was directed by the Securities and Exchange Commission (SEC) to place a caution on the shares of the Respondent, and that it could not do otherwise while the directive remained extant. The Court held that the Appellants are institutions regulated by statutory bodies, one of which is the SEC. The powers and functions of the Commission includes the regulation and investment and securities business in Nigeria, protecting the integrity of the securities market against all forms of abuses, and to prevent fraudulent and unfair trade practices relating to the securities industry. The Appellants could not act arbitrarily, but must be guided by the directives of such regulatory bodies in the dispensation of their services to their customers. Whether or not the SEC was right in placing a caution on the account of the Respondent, was not the concern of the Appellants. The Appellants raised a justifiable defence for their actions, which was not disproved by the Respondent. There was clear evidence before the lower Court, that the decision to place a caution on the share certificate of the Respondent was taken on the directive of the appropriate authority. On the issue of award of exemplary and aggravated damages against the Appellants by the lower Court, the Court of Appeal held that exemplary damages are usually awarded to teach the Defendant a lesson, or serve as a deterrent to both the Defendant and others. It contains an element of punishment for the Defendant to suffer. MARINE MANAGEMENT ASSOCIATES INC. & ANOR v NATIONAL MARITIME AUTHORITY (2012) LPELR-20618(SC). The Court held that the lower Court ought not to have awarded aggravated and exemplary damages against the Appellants, as there was no lesson to be learnt by punishing the 2nd Appellant for adhering to the directives of its regulatory agency. The Court cannot insinuate that banks and financial institutions can act arbitrarily without checks; this is fundamentally so, in order to prevent fraudulent dealings. The Court of Appeal found the appeal meritorious and same was allowed. Award of N500,000,000.00 (Five Million Naira) damages against the Appellants at the lower Court, was adjudged unjustifiable, perverse and set aside having proceeded from an improper application of the law to the facts. Appeal Allowed. Representation: Lekan Ijelu with Quadri Abojukoro for the Appellant. Tomiloba Olagunju for the Respondent. Reported by Optimum Law Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))
30.01.2018
NEWS/5
L-R: Professor Shima Gyoh, Dr. Olurotimi Ojo, Mrs. Onikepo Braithwaite and Dr. Ladi Awosika, Panelists at the event
Editor, THISDAY LAWYER, Mrs. Onikepo Braithwaite
NBA-SBL Medical Seminar: Lawyers and Doctors Agree on How to Fix the Health Sector
Lagos Chief Judge Inaugurates Committee to Review Civil Procedure Rules
Lawyers and Medical Doctors, have reached a consensus that the health sector in Nigeria is in dire need of urgent governmental intervention, to safeguard the health of citizens. This was the outcome of a two-day conference organised by BeyHealth in collaboration with the Nigerian Bar Association - Section on Business Law, which held at the Harbour Point, Victoria Island, Lagos last Wednesday. The conference with the theme ‘Medicine, Accountability & Law’ was declared open with a keynote address by the Hon. Minister of State for Health, Dr. Osagie Ehanire represented by Dr. Shuaib Belgore, Deputy Director and Special Technical Assistant to Hon. Minister of State for Health. The first session chaired by former Permanent Secretary in the Federal Ministry of Health, Prof. Shima Gyoh, was on ‘Consumer Protection & Patient Safety Standards.’ The lead presentation was made by the Director General of the Consumer Protection Council of Nigeria, Mr. Babatunde Iru-
kera, while discussants included London based Psychiatrist, Dr. Olurotimi Ojo, Dr. Ladi Awosika and Thisday Lawyer Editor, Mrs. Onikepo Braithwaite. Professor Gyoh attributed the bane of the Nigerian healthcare sector to the frequent changes in government, which has resulted in policy summersaults. Prof Gyoh was one of the longest serving Permanent Secretaries in the Federal Ministry of Health, having served for six and half years. Other major problems Gyoh identified are frequent dissolution of the Medical and Dental Council of Nigeria with every new administration, and the fact that the Federal Government appoints Health Minsters who are not medical practitioners. Mrs. Braithwaite in her presentation, noted that it was not necessarily about enacting new laws; that what the healthcare sector needs, is affective monitoring of health institutions. She also identified poor remuneration of Hospital Staff and lack of modern diagnostic equipment (often resulting in guess work and mis-diagnosis by Health
Care Professionals), as avoidable problems in Nigeria’s healthcare delivery system, and that unless these are addressed, the sector will not make any appreciable progress. She further lamented on the attitude of Nigerians, that is, not exercising their legal rights, which makes it easy for doctors to get away with medical malpractice. Another discussant, Dr. Olurotimi Ojo, submitted that the nation’s huge problem is in the area of fake and expired drugs. He wondered why Nigerians should spend $2b on medical tourism, in comparison to the nation’s annual budget on health. Dr. Ladi Awosika, reminded participants that most medical facilities in Nigeria don’t have insurance, which leaves room for a lot of questions. The Session’s summary, was that consumer protection is at the heart of the medico-legal question in healthcare. That there is a broad acceptance of the need for an accountability framework designed to ensure service quality, excellence and regulation of
Lagos State Chief Judge, Justice Opeyemi Oke, has inaugurated a 15-member Committee for the patient safety standards at all review of the Lagos State High levels of practice throughout the Court (Civil Procedure) Rules, healthcare sector. The session 2012. The Chief Judge while inauconsidered the crucial issues of consumer protection and gurating the Committee which is professional performance being chaired by Justice Kazeem standards, vis-à-vis the rights Alogba, said the process was and expectations of patients aimed at eradicating delays in justice administration, ensure and citizens. The 2nd session on Medical efficient justice delivery, and Jurisprudence, Law & Regula- enforcement of judgement. According to Justice Oke, the tion, was chaired by former NBA President, Mr. Augustine process has become necessary Alegeh, SAN, with Mr. Olaolu to restore public confidence in Osayin presenting the lead the Judiciary. “There is a need for compaper. Discussants included Dr. plimentary provisions on the Tajudeen Sanusi, Mr. Imran enforcement of judgements, for Shitta-Bey, Dr. Joel Akande, and the purpose of giving effect to Dr. Cheluchi Onyemelukwe. the Sheriff and Civil Process Act”, she added. Other sessions were on:Justice Oke charged the Comr A$PVOUJOH UIF $PTU r A.JUJHBUJOH .BMQSBDUJDF mittee, to ensure that any such Risk – Professional Indemnity reforms made do not conflict with the provisions of the Sheriff & Medico-legal Insurance’ r A.BJOUBJOJOH $POàEFOUJBM- and Civil Process Act. She also charged the Commitity & Consent’ r A%FWFMPQJOH B .FEJDBM tee, to look into the stipulation of timelines for the handling of Law Practice’ r A"WPJEJOH .FEJDBM /FHMJ- specific matters. Noting that the fast-track gence: Good Medical Practice, Evidence-Based Medicine & division has a nine-month Professional Performance timeline within which to dispense any matter before it, Standards.’ the Chief Judge charged the committee “to consider the viability of extending timeliness to probate, sexual offences, and land related matters”, to facilitate speedy dispensation of justice
Indigenous Firms Lack Power to Enforce Local Content Act, Edo CJ Mark Ogbamosa The Chief Judge of Edo State, Justice (Mrs.) Esohe Ikponwen, has ruled that indigenous companies have no power to enforce the provisions of the Nigerian Oil and Gas Industry Content Development Act, 2010, against international petroleum companies operating in the country. Delivering a ruling in a case brought by an indigenous company - CMES Flanges and Fittings Limited against Cheveon, Shell and Mobil Oil Producing Companies in Benin on Tuesday, the Court accepted the submissions of the counsel to Chevron, Dr. Momodu Kassim-Momodu, that the indigenous company
had no locus standi to bring an action against the international petroleum producing companies, for noncompliance with the provisions of the Act, because the Act provides the mechanism for the supervision, coordination, monitoring and implementation of its provisions, with the establishment of the Nigerian Content Monitoring Board in Section 69 of the Act. It ruled that the Nigerian Oil and Gas Industry Content Development Act, vests such power in the Monitoring Board only. The Court also ruled that the claimant did not disclose any reasonable cause of action against the international petroleum companies, and therefore, the Court lacked jurisdiction to determine
the suit against the oil companies, especially as there was no evidence before the court, that the indigenous company bidded for any contract with any of the three international petroleum companies; or that the international companies have been awarding contract to only foreign contractors. The judge also agreed with the defendants that since none of the oil companies reside or do any business in Edo State, the High Court of Edo State is devoid of the territorial jurisdiction to entertain the lawsuit. The court ruled that the failure of the Claimant to comply with the mandatory provisions of Section 97 of the Sheriff and Civil Processes
Akinwale Akintunde
Act by endorsing the Writ of Summons as specified in the, law rendered the Writ of Summons fundamentally defective and incurably bad, and therefore, null and void. It frowned on the filing of the case in the State High Court instead of the Federal High Court, pointing out that it is the Federal High Court that has jurisdiction over oil and gas matters, and not the High Court of the State. CMES Flanges and Fittings Limited, a Benin City based indigenous company in a suit brought by its counsel, L.I.T. Erhabor Esq, claimed that Shell, Chevron, and Mobil did not comply with the
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in these areas. “It is also desirable to have a further simplification of the process for obtaining letters of administration, and make same more attractive to users of the court. I therefore, encourage the Review Committee to consider a reform in this regard”, she said. Justice Oke lamented that over the years, excessive delay in justice administration has become an embarrassing feature of administration of justice, pointing out that “the inadequacies of the civil procedure rules and abuse of those rules”, have been identified as a contributory factor to the delay. She said this was why the Lagos State Government introduced the 2004 Civil Procedure Rules, to address the problems that were identified. She said the 2012 Rules, was initiated to assert the independence of the Judiciary and the lacuna identified in the 2004 Rules. She said it was high time that the 2012 Rules is reviewed, notwithstanding that it has served them well, to ensure that the Rules continue to serve the primary function of ensuring justice is effectively administered. Responding on behalf of the Committee members, the chairman, Justice Kazeem Alogba, promised that they would not disappoint the users of the court. “I want to assure the Chief Judge, that we will do our best to achieve better than is expected of us”, he said.
Alleged N285m Fraud: Court Discharges and Acquits Couple Akinwale Akintunde Justice Adeniyi Onigbanjo of a Lagos State High Court sitting in Igbosere, has discharged and acquitted a couple, Mr. and Mrs. Innocent Eloka of the N285 million fraud charges preferred against them by the Economic and Financial Crimes Commission (EFCC). In his judgement, Justice Onigbanjo absolved the couple, who were accused of stealing the said amount from their company, Clarion Bonded Terminal Limited, of all charges.
Former Chairman of the Company, Mr Jude lgbanugo, had petitioned the EFCC over the alleged fraud. Mr. lgbanugo had alleged that the couple fraudulently misappropriated the sum of N285 million as Directors, while working in the Company between March 2011 and April 2011, while acting as Managing Director, Chief Operating Officer and General Manager of the company, respectively. After seven years of trial,
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30.01.2018
Court Slams $10m Judgement on Shoprite for Breach of Contract Akinwale Akintunde Justice Lateef Lawal-Akapo of a Lagos High Court sitting in Ikeja, awarded the sum of $10 million as damages against Shoprite Checkers (PTY) Limited, the operator of Shoprite outlets in Nigeria, for breach of a contract entered into with A.I.C. Limited some years back. The Judge ordered Shoprite Checkers Limited and Retail Supermarkets Nigeria Limited (1st and 2nd Defendants in the suit), to pay the judgement sum with an annual interest of 10 per cent from the day he delivered the judgement, till the sum is finally liquidated. The court also awarded an additional N1 million against the Defendants, in favour of the Claimant as the cost of pursuing the lawsuit which commenced in 2012. The Claimant, A.I.C. Limited, had dragged Shoprite Checkers and Retail Supermarkets to court in 2012, praying the court among other prayers, to declare that, "by virtue of the agreement between the Claimant and 1st Defendant, the joint venture to be formed by the Claimant and 1st Defendant is entitled to exclusively operate and manage 1st Defendant's Shoprite Brand in Nigeria and elsewhere in the coast of West Africa, except Ghana. The Claimant had prayed the court to “declare that the agreement for the formation of joint venture between the Claimant and the 1st Defendant for the exclusive operation and management of 1st Defendant's Shoprite Brand in Nigeria and the coast of West Africa except Ghana, is valid and subsisting. "A declaration that the incorporation of the 2nd Defendant by the 1st Defendant to operate the
1st Defendant's Shoprite Brand in Nigeria, is in breach of the agreement”, between both parties. Besides, the Claimant prayed the court for an order for specific performance of the said agreement for joint venture between the parties, for the operation of Shoprite Supermarket across the country. It further prayed the court, among other things, for payment of $2.2million Dollars and N13. 6 million as special damages suffered by the Claimant, as a result of the breach of agreement, as well as an order for payment of $92.3 million US Dollars, "being loss of profit suffered by the Claimant as a result of the said incorporation of the 2nd Defendant by 1st Defendant, to operate 1st Defendant's Shoprite brand in a breach of agreement between the parties. The Claimant also urged the court to grant to it a sum of $250 million US Dollars, "as aggravated damages for the continued breach of the agreement between the Claimant and 1st Defendant”. The Defendants opened their defence on May 5, 2014, with five witnesses, namely-Andre Nico Vanzyl, Anton Andrew Wegenaar, Johannes Hendrik Schreuder, Roelof Louis Barry Slabbert and Malcolm Lawrence Aberman. The Defendants during the trial, prayed the court to determine among other things, whether the Claimant has established the "existence of joint venture agreement or any other agreement between the Claimant and the 1st Defendant; and whether the Claimant has established any claim against any of the Defendants”. Counsel for the Defendants submitted that - "there is no offer and acceptance which are fundamental requirements of a valid contract,
from evidence led by the Claimant”. She therefore, urged the court to dismiss the claim. In his judgement, Justice Lawal-Akapo established that contrary to the opinions of the Defendants, "there exists a contract between the Claimant and the 1st Defendant, which contract is still subsisting till date”. The Judge also established that, the Defendants were in a breach when they went behind, "incorporated a Company, established the outlet (Shoprite) in 2005 and were running same without recourse to the Claimant”, (A.I.C. Limited). "I therefore hold that, there can be an acceptance by conduct and not necessarily in writing."
"In essence to award exemplary damages alongside aggravated damages will tantamount to double compensation, which is against the spirit and intendment of the law. "In this case, the Claimant had incorporated a company A.I.C.- Shoprite Nig. Ltd, in the hope of a Joint Venture, for the establishment and running of a Shoprite outlet. "The Defendant went behind, incorporated a Company, established the outlet in 2005, and was running the same without recourse to the Claimant. The Claimant can adequately be compensated”, the court held. The Defendants have appealed against the judgement.
INDIGENOUS FIRMS LACK POWER TO ENFORCE LOCAL CONTENT ACT, EDO CJ CONTINUED FROM PAGE 5 Nigerian Content Act, in respect of contracts for provision of flanges. The company alleged that the defendants were mandated to carry out all fabrication and welding activities in Nigeria, saying that they set up a factory in Benin City to produce flanges, yet the trio of Shell, Chevron and Mobil had refused to patronise the company. The company sought from the Court the following reliefs: 1. A Declaration that, by virtue of the provisions of Section 53 of the Nigerian Oil and Gas Industry Content Development Act, 2010, the Defendants are mandated to carry out all fabrication and
welding activities in the country. 2. A Declaration that, by virtue of Section 3(2) & (3) of the Act, the company having demonstrated ownership of equipment, Nigerian personnel, and capacity to execute the contract of the production, manufacturing, and/or fabrication of flanges and fittings, is entitled, being a Nigerian company, to the exclusion of foreign companies, in the execution of such contracts in the Nigerian oil and gas industry. 3. A Declaration that the continuous refusal of the Shell, Chevron, and Mobil to engage and/or award contracts to the them for the fabrication
of flanges and fittings whilst same is sourced abroad, is illegal, unlawful, unconstitutional, and a clear violation of the provisions of the Act. 4. An Order of Injunction restraining the oil companies by themselves, their servants, agents, or privies from sourcing, bringing into Nigeria, importing, or contracting the supply, production or fabrication of flanges and fittings to a non-Nigerian company or a local company where foreigners have majority or controlling shares. 5. An Order directing the oil companies jointly and severally to pay to the Claimant, the sum of
N1.5 billion for the losses, damages and sundry expenses incurred and suffered by the Claimant in consequence of the supply and/or failure of the Defendants to engage the Claimant for the supply, production or fabrication of flanges and fittings, the Claimant having established a factory in Benin City, for the manufacture and or production/ fabrication of flanges and fittings, in accordance with the provisions of the Nigerian Oil and Gas Industry Content Development Act, 2010. The Court struck out the suit in its entirety, against the three oil companies.
Legal Personality of the Week Munirudeen Olusola Liadi
‘Every Lawyer Must Imbibe Reading as a Hobby’ was ripe for hearing, as the Plaintiff’s Counsel did not intend to file any counter-affidavit to it. Meanwhile, other than my cursory review of the file and the objection processes, I was not really prepared for the substantive argument. I had to use my residual knowledge of the cases that I learnt at the Law School, to argue the preliminary objection. I was not coordinated, at least, by my own standard. I felt so bad, and learnt my lesson the hard way. One can imagine my state of mind after that day in Court, and the next date the ruling was delivered. The good news however, was that, the ruling was in my favour.
I am Munirudeen Olusola Liadi, admirably called Alhaji in PUC. I hail from Lalupon town, Ibadan East of Oyo State, where I had my primary and secondary school education. I spent 2 years at Ogbomosho Grammar School for my Higher School Certificate (HSC), through which I secured a direct entry admission into the prestigious University of Lagos in 1990. I graduated with Second Class Upper Division in 1995, and thereafter, attended the Nigerian Law School in Lagos, which I completed in 1996, also with Second Class Upper Division. I did my compulsory one NYSC at the Kano State Law Reform Commission. I have worked at Paul Usoro & Co. from the completion of my NYSC to date. Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges? Of course, yes. As a young Lawyer, one of the initial, although short-lived challenges I had, was that of “stage fright” in Court. However, with frequent appearances in Court, it naturally disappeared. Then came the challenges of arguing contentious applications and conducting contentious trials, especially against Senior Counsel. In no time however, I got over these challenges, because of several opportunities afforded me by Paul Usoro & Co, to prove my mettle. What was your worst day as a Lawyer? I will always remember the day I appeared
Munirudeen Olusola Liadi
What was your most memorable experience as a Lawyer? From my analysis above, my most memorable experience in Court was listening to the Ruling in that Apampa case. I was over joyous.
before Hon Justice Ibrahim Auta (now retired), of the Federal High Court, Abuja sometime in 1998. I was barely two years old at the Bar then. I had recently joined the Firm, when I was given the opportunity to travel to Abuja to handle a civil case. I think the name of the case is Apampa v M-TEL. We had a pending preliminary objection challenging the jurisdiction of the Court to entertain the Suit, but because the matter was to come up for the first time in Court, I was under the erroneous impression that it would be scheduled for mention. When the matter came up, His Lordship insisted that the preliminary objection
Who has been the most influential person in your life? The most influential person in my life, with no perfunctory role, is my mentor, Paul Usoro, SAN. His knowledge of law, mannerism and power of delivery, is unique and enviable to me and many others. Aside, I did not Mr Usoro from Adam until I attended the Firm’s interview in 1997 after my NYSC. I passed the interview and without more, was offered employment. Through a dint of hard work and loyalty, I rose through the ranks to become a full-fledged Partner of the Firm in 2006, about a decade after my call to Bar.
Why did you become a Lawyer? To ensure the entrenchment of Rule of Law against the rule of might. I recall during my HSC days in 1988, my Government Teacher then, one Mr. O.O. Oladeji, was really at his best on the topic. I felt challenged to see myself in the forefront of defending the oppressed. What would be your advice to anyone wanting a career in Law? Like my Principal and Boss says, hard work doesn’t kill. Younger ones who seek a career in law, must be very brilliant, diligent, unassuming and must love reading. In point of fact, reading must be taken as a hobby. Obviously, law is not meant for the lazy and indolent ones. Mr. Usoro is fond of reminding us of a quotation from the former Director-General of Law School, Dr Ibironke, SAN of blessed memory, that “luck could take you to the top, but only hard work will keep you there”. This should be a take-home advice for the aspiring lawyers. If you had not become a Lawyer, what career would you have chosen? Honestly, I cannot say because qualities of a Lawyer, have been in me since my youthful age. As it is often said, Lawyers are born, not made. Where do you see yourself in ten years? God’s willing, I see myself already at the peak of my litigation career, and using law as an instrument of social engineering.
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INSIGHT ABUBAKAR D. SANI
xL4sure@yahoo.com
Amending the Lagos High Court Rules
T Introduction
he Chief Judge of Lagos State, Honourable Justice Opeyemi Oke, recently set up a Committee to review the State High Court Civil Procedure Rules 2012. Those rules were made by her predecessor in office, pursuant to Section 89(1) of the Lagos State High Court Law as amended. In several notices in print and electronic media, the Rules Review Committee invited the input of the general public and stakeholders in the justice sector, in the review process. I believe that this effort is worthwhile and timely, given the glaring anomalies, in my view, in the existing Rules, not only in terms of their suitability for the purposes they were designed for, but more, fundamentally, the capacity - or lack of it - of the Honourable Chief Judge, with due respect, to enact them. In this regard, I believe that, at least two areas in the current rules deserve the Committee's urgent attention. These are the so-called front-loading provisions on one hand, and sundry provisions dealing with affidavits, trial proceedings, service of process, actions by/against firms or business names, foreclosure/redemption under mortgages and possession of land, on the other. We take them seriatim. 1. Front-Loading It is common knowledge that the so-called ‘front-loading’ provisions of the Rules, i.e. Order 3 Rule 2(2)(b),(c)&(d) and Order 11 Rules 1&4(b) &(c) thereof, require all Writs of Summons and defences to claims for summary judgement to be accompanied by the Plaintiff’s (or Defendant’s) list of witnesses, written statements on oath of those witnesses, as well as the list of documents to be relied upon at the trial and served on the Plaintiff of Defendant, as the case may be. A witness statement on oath is an affidavit: G.E. INT. OPERATIONS v Q-.O. & G. SERVICES (2014) All FWLR pt.761 pg. 1509 @1526C, 1527E & 1530E. An affidavit is evidence: BABALE v EZE (2012) All FWLR pt.635 pg. 287 @ 329F. Evidence is Item 23 on the Exclusive Legislative List of the 1999 Constitution of the Federal Republic of Nigeria. By virtue of Section 4(3) of the Constitution, only the National Assembly is competent to legislate on any matter on that List. This power is not confined to substantive law, but includes rules of practice and procedure: Item 68 of the List as well as Paragraph 2(b) of Part III of the Second Schedule to the Constitution. To the extent that the said front–loading provisions of the Rules regulate the practice and procedure of the court in matters of evidence as aforesaid, I submit, with the greatest respect, that they are ultra vires the State Chief Judge. This is because, by the combined effect of the aforesaid provisions of the Constitution, only the National Assembly is competent to enact them. It follows that those rules are invalid, null and void. The foregoing applies, in my view, to the following provisions of the Rules. r Order 33 titled “Affidavits�; t 0SEFS 3VMFT UP titled “Proceedings at the Trial�; t 0SEFS titled “Evidence Generally�. Rule 1(3) of this Order restricts a witness’ examination-in-chief, to simply confirming and adopting his or her statement on oath or deposition and tendering documents referred to therein; I submit that this contradicts the provisions of 4FDUJPO PG UIF &WJEFODF "DU which merely requires such testimony to “relate to relevant facts�. It is trite law that a subsidiary legislation, cannot curtail a principal legislation: OLANREWAJU v OYEYEMI (2001) 2 NWLR pt.696 pg. 229@256; AKANNI v ODEJIDE (2004) All FWLR pt. 218 pg. 827 @ 853E. 2. In addition to the foregoing, I believe that the under-listed provisions of the Rules are also inconsistent with relevant provisions of the 1999 Constitution, as follows:
Lagos Chief Judge, Hon. Justice Opeyemi Oke
“TO THE EXTENT THAT THE SAID FRONT-LOADING PROVISIONS OF THE RULES REGULATE THE PRACTICE AND PROCEDURE OF THE COURT IN MATTERS OF EVIDENCE AS AFORESAID, I SUBMIT, WITH THE GREATEST RESPECT, THAT THEY ARE ULTRA VIRES THE STATE CHIEF JUDGE� J 0SEFS 3VMFT which deal with service in Lagos State of the processes of foreign courts. I believe they are inconsistent with *UFN PG UIF &YDMVTJWF -FHJTMBUJWF -JTU of the Constitution, which confers the National Assembly with sole power to legislate on such matters ii) 0SEFS 3VMFT UP which deal with actions by or against firms or persons carrying on business in names other than their own. This is the subject-matter, inter alia, of Item 43 of the Exclusive Legislative List of the Constitution. By virtue of Item 68 of that List as well as Paragraph 2(b) of Part III of the Second Schedule to the Constitution, only the National Assembly is competent to legislate on the practice and procedure of courts of law in such matters. iii) 0SEFST BOE : titled “Proceedings for Foreclosure and Redemption under a Mortgage� and “Summary Proceedings for Possession of Landed Property�, respectively. I submit that they are ultra vires the Honourable Chief Judge, because their subject-matter – land – its tenure, acquisition and the practice and procedure of courts of law relating thereto, are the exclusive preserve of the National Assembly, by virtue 4FDUJPO
(d) & (6), Item 68 of the Exclusive Legislative List and Paragraph 2(b)& (c) of Part III of the Second Schedule to the 1999 Constitution. But the question may be asked: is this conclusion valid? Even
if it is to some extent justified, has it been overstated here? Are both sets of provisions all that inconsistent? What does it mean, in law, for a statute to be said to be inconsistent with another? The Supreme Court provided the answer in HON. MIN. OF JUSTICE & ATT. GEN. OF THE FEDERATION v ATT. GEN. OF LAGOS (2013) All FWLR Pt. 704 pg. 1, where it defined it as: “A situation where two or more laws, enactments and/or rules are mutually repugnant or contradictory, contrary, the one to the other, so that both cannot stand and the acceptance or establishment of the one implies the abrogation or abandonment of the other. It is thus, a situation where two or more enactments cannot function together, simultaneously. I believe that this formulation applies to the foregoing provisions of the Constitution and the Rules under review. It is trite law that, “where any statutory provision is in conflict with the Constitution, the latter would prevail�: ONAGORUWA v I.G.P.(1991) 5 NWLR pt.193 pg. 393 @ 641. In making this submission, I concede that SFDUJPO PG UIF $POTUJUVUJPO empowers State Chief Judges to enact rules of practice and procedure as follows: “Subject to the provisions of any law made by the House of Assembly of a State, the Chief Judge of a State may make rules for regulating the practice and procedure of the High Court of the State�. However, it can be seen that its provisions are general, while those of Constitution and the Evidence Act referred to earlier, are specific. To that extent, the rule is that the latter override the former, as generalia specialibus non derogant – special things derogate from general things: ATTORNEY-GENERAL OF THE FEDERATION v ABUBAKAR (2007) All FWLR pt. 375 pg. 405 @ 472E and SCHROEDER & CO. v MAJOR & CO. (1989) 2 NWLR pt.101 pg.1 @ 21. This means that because the provisions of 4FDUJPO PG the Constitution are general, while those of 4FDUJPOT
E BOE *UFNT PG UIF &YDMVTJWF -JTU as well as Paragraph 2(b) & (c) of Part III of the Second Schedule to the Constitution are special, the subject-matter of the latter are excluded from the power given by Section 274 of the Constitution to State Chief Judges. Conclusion I believe that, it is imperative to revisit the affected provisions of the Rules, with a view to bringing them into conformity with the Constitution. This would obviously accord with the principle of the rule of law and constitutional supremacy enshrined in Section 1(3) of the 1999 Constitution, and, crucially, would entail amending the following statutes enacted by the National Assembly: (i) The Evidence Act – to provide for ‘front-loading of evidence’; (ii) The Sheriffs & Civil Processes Act – to provide for service of foreign processes in Nigeria; (ii). The Sheriffs & Civil Processes Act – to provide for service of foreign processes in Nigeria; (iii) Part B of the Companies & Allied Matters Act – which deals with business names, to provide for the procedure in actions by or against firms or persons carrying on business in names other than their own; and, finally, (iv) The Land Use Act – In this particular case, by amending the Constitution itself, as provided by Section 315(5)(d) thereof. Needless to say, some of these observations and prescriptions are radical, if not out rightly startling. To that extent, it requires boldness and a healthy dose of thinking out of the box, to carry them on board the reform process. However, at the risk of immodesty, I believe that the review will be a missed opportunity, if its outcome does not reflect at least some of the foregoing shortcomings in the present Rules. Lagos, has always prided itself on being the Centre of Excellence. Nowhere should this be more so, than in the Rules formulated for delivering justice in its High Court. Charity, it is said, begins at home. The Judiciary ought to lead from the front. It is, therefore, time for it to walk the talk.
Court Orders Multichoice to Pay MSCN N6bn Damages for Copyright Infringement Akinwale Akintunde A Federal High Court sitting in Lagos has ordered Multichoice Nigeria Limited, to pay Musical Copyright Society of Nigeria Ltd (MCSN)/GTE a sum of N6 billion as damages, over alleged copyright infringement. Justice Mohammed Idris in his judgement struck out Multichoice’s claims against the defendant, (MCSN)/GTE. MultiChoice had in 2011 instituted the suit with the No: FHC/L/ CS/1091/11 against MCSN, following a letter written by MCSN to MultiChoice demanding N4.1 billion as cumulative copyright and royalties for its body of works used by Multichoice during the airing of its programmes. In the suit, MultiChoice had asked the court to restrain the MCSN from asking them to obtain copyright licence for the broadcast
and communication to the public of musical works on the radio and television channels operated and distributed by Multichoice. The plaintiff sought a declaration that its not obliged under the laws of Nigeria to pay any monies or otherwise to the defendant, as royalties or other payment for material used in programming or content on the DSTV bouquet, unless the defendant is licensed a collecting society for that purpose by the Nigerian Copyright Commission, under the laws. MCSN, in its counter-claim, accused Multichoice of infringing on its copyright by using 18 songs without permission, including ‘Konko Below’ and ‘Never Far Away’ by Bisade Ologunde, alias Lagbaja; “ No Ordinary Love�, “Love Is Stronger Than Pride�, and “Is it A crime� composed and authored by Shade Adu and Mathewman Stuart Collin; “Three Little Birds�, “One love� and “Turn Your Lights down Low� by Robert Nesta Marley, aka Bob
Marley among others. MCSN argued in its counter-claim: “The defendant to the counterclaim did each of these acts in the course of and to promote their businesses and to make profit without the authority or license of the counter-claimant and the counter-claimant has suffered loss and damage.� But Justice Idris held: “The court having delivered judgment this 19th day of January, 2018, striking out the plaintiff’s claims, it is hereby ordered as follows: that judgment is entered in favour of the defendant/counter-claimant in the following terms: N5,490,652,125.00 only as damages.� The amount includes N200 million and N309 million awarded to MCSN as general and aggravated damages against Multichoice, and N197million as Value Added Tax (VAT) payable to the Federal Government. Multichoice, in a statement, however said it has filed an appeal as well as a stay of execution against the ruling of the Federal Court.
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‘Boko Haram Doctrines are Not Islamic’ The Nigerian Spirit is truly alive in Borno State. Not many States can remain alive and functional, under severe attacks by insurgents, with lives and institutions virtually brought to a standstill. But Borno State, under the watch of Governor Kashim Shettima, has continued to weather the storm in the face of the enormous challenges. In a chat with Onikepo Braithwaite, the Borno State Attorney-General and Commissioner for Justice, Mr. Kaka Shehu Lawan, gave insights into how the State has managed to cope and ensure justice delivery in the face of these challenges
W
hat is the security situation in Borno State today? How have you been able to articulate and implement your vision for the Justice
System in Borno State? The situation is Borno State is well known. We have survived and will continue to survive the attacks by an armed minority that seeks to impose on us, a doctrine that is completely at variance with the religion of Islam. They claim to promote a doctrine that negates the dignity and existence of humanity. Several communities in Borno State, including Maiduguri environs, Gwoza, Damboa, Askira/ Uba, Marte, Chibok, Konduga, Dikwa and Bama, have recorded human casualties, their homes destroyed, and thousands forced to flee. We have a large number of internally displaced persons within and outside our State. Many of our citizens have been forced to take refuge in parts of Gombe, Adamawa States and other States in Nigeria. Today, all praise is due to Almighty Allah, who, in His infinite mercy, has graciously restored to our dear State, an appreciable degree of peace and security, after the mayhem and callousness of the Boko Haram insurgency, and its tragic destruction of lives and property. Now concerning the situation of the justice system in the State, even in spite of the insurgency, the administration of Governor Kashim Shettima firmly believes that the number one duty of government, is to safeguard the lives and properties of the citizenry. However laudable policies and programmes of Government could be, they would all amount to less than nothing, if human lives were not secured. Our government is mindful of this constitutional, moral and spiritual obligation. The Ministry of Justice under my watch is doing everything within the limits of our powers and resources, to complement the
duty of the State Government to safeguard lives and property. Of course, strengthening our justice system is fundamental. We are constantly identifying and eliminating institutional and structural weaknesses in the system, caused by the insurgency. I must say that, we are very fortunate to have many positive elements working for us. Among these are a fairly stable judicial system, including a dedicated and highly motivated judiciary whose independence is guaranteed, and is generally free from corruption. An effective prosecutorial system, and a largely disciplined corps of civil servants. The fact that we have a State Government that respects the principle of due process and separation of powers, has also been helpful. What is your vision for the Justice system in Borno State? At my inauguration, I committed myself to strive for a system of justice that will among others: provide fair and equal access to justice for all those resident in Borno State, regardless of their ethnic group, gender, age, economic status, disability, religion, belief, culture, language or any other attribute. We have worked to provide legal services to the State government, in an efficient and cost effective manner. At the end of my tenure, the Ministry of Justice should have completely gained the confidence of the people of Borno State, as a credible access to justice institution. I am reminded daily, that there is a lot to do. Given our present reality, I do not imagine that all these problems will be satisfactorily solved during my tenure. Nevertheless, the
Mr. Kaka Shehu Lawan change that we promised must be accelerated, to keep up with expectations of the good people of Borno State. I believe we are making progress. This year, we plan to embark on massive reconstruction and rehabilitation of all Magistrates and High Courts in the liberated Local Government Areas. We will provide law books, journals and law reports to all Courts across the State. In particular, you should know that the review of the Laws of Borno State, is included in our 2018 budget. I am not also unmindful, of the need to invest in the staff of my Ministry. We have previously focused on training in professional skills, motivation and incentives. This will be a continuous process. Honourable Attorney-General, kindly, give us a brief overview of the Terrorist Group, Boko Haram, which is said to have originated from Borno State, from inception to date. As the Chief Law Officer of Borno, what has been your role in this fight against Terrorism? The Boko Haram Terrorist Group, also known as Jama’atul Ahlil- Sunnah Lil-da’awati wal Jihad, originated from Kanama Village in Yobe State by the acronym - Taliban since 1992. Borno State has been facing this Boko Haram challenge since the four-day war of July 2009 in Maiduguri, when Boko Haram waged a major war on Borno’s soil. Today, having been defeated by our determined armed forces, they have now resorted to guerrilla warfare that has been raging on for a while now. The constitutional role of my office in the
“WE HAVE SURVIVED, AND WILL CONTINUE TO SURVIVE THE ATTACKS BY AN ARMED MINORITY THAT SEEKS TO IMPOSE ON US, A DOCTRINE THAT IS COMPLETELY AT VARIANCE WITH THE RELIGION OF ISLAM”
fight against the insurgents, is the prosecution of those arrested. You may recall that the offence of Terrorism as at 2009, was a new phenomenon, and there was no legislation criminalising the offence in Nigeria. We resorted to prosecuting them initially, for offences under the extant penal code law in Borno State. When finally, the Terrorism Prevention Act 2011 (as amended) came into force, we ceased to have powers under the Act to prosecute the offence of Terrorism. However, there is an extant fiat issued by the Attorney-General of the Federation to all State Attorney-Generals, to prosecute all offences under federal legislations in their various States. Pursuant to the issuance of this fiat, my office trained a sizeable number of law officers in the Ministry, on prosecution of terrorism offences among others. Talking about bringing justice to the Boko Haram detainees, you are aware of the many reports of International Human Rights groups alleging various degrees of Human Rights violations against the Nigerian Army. Indeed the office of the Prosecutor of the International Criminal Court, is currently investigating allegations of crimes against humanity allegedly committed by some personnel of the Nigeria Army. What has been the response of your office to these allegations, and what are you doing to protect the rights of citizens caught up in the conflict? So that we are clear, the administration of Governor Shettima firmly believes that there is no contradiction between our resolve to protect the citizens of Borno State from the Terrorist Acts of Boko Haram, and the need to achieve a human rights culture in our society. We do not believe that the current security situation in our State, is of such nature that requires a denial of fundamental human rights of our citizens, except where necessary for the purpose of saving lives. Our position is that, effective counter-terrorism measures and the protection of human rights, are complementary and mutually reinforcing CONTINUED ON PAGE 9
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‘BOKO HARAM DOCTRINES ARE NOT ISLAMIC’ CONTINUED FROM PAGE 8 objectives, which must be pursued together as part of our duty to protect all persons living in Borno State. In practice, this means that we must meet the test of necessity, and the requirement of proportionality. So, any limitation on the free enjoyment of rights and freedoms, must be necessary in the pursuit of a pressing objective, and its impact on rights and freedoms strictly proportional to the nature of that objective. We will remain grateful to the armed forces, for their contribution to the climate of peace that we presently enjoy. The fact that hundreds of members of our security forces have made the ultimate sacrifice in the pursuit of the relative peace we enjoy, cannot be trivialised. Now prior to 2013, the relationship between the military and our civilian population was bad. Certain soldiers from what was called Joint Task Force (JTF), acted in ways contrary to the professional ethics of the armed forces. Consequently, there were many allegations of human rights abuses. Even State officials were not spared. A serving Permanent Secretary in our State Civil Service and one time Solicitor-General and Permanent Secretary in the Ministry of Justice, was shot and seriously wounded by men of the JTF simply because he was driving behind them. On assumption of office as the Attorney-General and Commissioner for Justice of the State, I publicly condemned these atrocities and reinvigorated the Department of Citizens Rights, for the purpose of receiving petitions for investigation and possible redress. Despite our best efforts during that period, the then military high command and authorities blatantly refused to cooperate. Thankfully, with the appointment of the present Chief of Army Staff, Military – Civilian relationship has greatly improved. Allegations of rights abuse have reduced drastically, and more importantly, there is now a high level of professionalism and seriousness with which the military high commands treats human rights petitions. In addition, military personnel, are periodically sensitised on the need to respect the rights of the citizenry, and also adhere strictly to their Rules of Engagement. To further deepen disciplinary measures, Court Martials are routinely constituted, to bring to justice, erring members of the military. My office has actively participated in the two major initiatives by the Federal Government, aimed at investigating rights abuse in the course of the insurgency. We played a key role in the provided information and expert advice, to both the Special Board of Inquiry into allegation of Rights Violations against some personnel of the Nigeria Army, and the Justice Biobele Georgewill led Presidential Panel of Inquiry on Human Rights Abuse. Still on allegations of rights violations, the situation of the IDPs has also generated a lot of local and international concern. Allegations of maltreatment, abuse and extreme cases of sexual exploitation have been made against different authorities in the State. What has your Government done to improve the conditions in the IDP Camps? I wish to state that the Government of Borno State, through its relevant MDAS, in collaboration with some local and international organisations and NGO’s, have been rendering social services to the IDPs in all the Camps to alleviate their conditions. The State Ministry of Reconstruction, Rehabilitation and Resettlement (RRR), through its reconstruction programme, has assisted tremendously in resettling some of the IDPs back to their places of abode. So far, over six thousand houses demolished by the insurgents, have been reconstructed. The Ministry of Health also set up Mobile clinics in collaboration with Medicine San Frontier (MSF). The Air force and the Army, have established clinics where many IDPs that have medical challenges have been treated. The State Government, ICRC, and other development partners, have supplied drugs as part of an IDP medical outreach programme. In response to issue of crimes in the camps, the Honourable Chief Judge of Borno State, issued practice directives, directing all courts that hitherto have been operating in the affected Local Government Areas destroyed by Boko Haram, to sit in the camps. I should mention that, we are prosecuting a number of
persons alleged to have committed various offences against IDPs in the camps. In all, we have a zero tolerance policy for all forms of abuses, in any of the IDP camps. Talking about prosecution, the Nigeria Police has been in the news lately. Concerns have been raised about the slow progress in achieving police reforms. Aside from the crimes committed by the insurgents, what is the crime situation in Borno State and what are your thoughts on police reform? At the peak of the Boko Haram insurgency, all offences including Homicide, Armed Robbery, and Rape, were assumed to have been committed by Boko Haram terrorists. There were few reported cases of serious crimes. However presently, there has been a geometric increase in cases of rape, sodomy, robbery, and theft. Without doubt, we need a police force that is able to meet the security needs of our people. I am not sure, if we have that Police force yet. Indeed, I am tempted to say that if we had a confidence boosting police force, there will be no need for the visibility of the Nigeria Army, not only in Borno State but also in all parts of Nigeria. So, I doubt if anyone will seriously disagree that the present challenge facing our security policy makers, is to transform the Nigeria Police into a true public servant, capable of elevating the sense of security of Nigerians. I agree that the reform of the Nigeria Police Force will require a wide range of reforms, including replacing the outdated Police Act 1968 with a new legislation that entails a wholesale review and redefinition of the role, function, as well as organisational restructuring of the police force. It should be of concern to us all, that we are still operating a police legal framework first drafted in 1968. The other area of reform that I am also concerned about, is the complaint handling system with the Police. There is considerable citizen unhappiness with the system of inquiring into complaints against the police. Investigation of police officers by
their own, is widely regarded as unjust, and does not inspire public confidence. No police accountability mechanism can be considered fair, if it fails to inspire public confidence. The trend all over the world, is to set up complaint mechanisms under law, by establishing accountability structures, which work openly, quickly, effectively, impartially and invest them with resources and authority to guarantee independent and fair investigations into public complaints against police. This issue of complaints handling, is particularly important if we are to achieve our desired goal of community policing. The Judiciary has been another institution that has been in the news lately, especially with the trial of a number of judicial officers accused of graft. What are your thoughts on judicial corruption and other challenges facing the judiciary? I have read a lot of literature and newspaper commentary, on this issue. It is good that that as a nation we are having this conversation, which I hope, will invariably lead to strengthening of our judicial system. My view is that, the discussion around judicial corruption, ignores the issue of fair and adequate conditions of service for judicial officers. I think it is ridiculous and unrealistic, to continue
“MY VIEW IS THAT, THE DISCUSSION AROUND JUDICIAL CORRUPTION, IGNORES THE ISSUE OF FAIR AND ADEQUATE CONDITIONS OF SERVICE FOR JUDICIAL OFFICERS”
to insist that a judicial appointment should be seen as one of national service. I agree with those who have said that conditions of service of judicial officers, must be set at a comparatively high public- service level, in order to remove both the temptation to corruption and public contemplation of the possibility of such temptation. Those of us in the justice sector, should strive to convince policy makers that the guarantee of adequate conditions of service, is not meant for the benefit of the judiciary. Rather, financial security, is a means to the end of judicial independence, and is therefore, for the benefit of us all. I think the call for a review of judicial salaries, pensions and benefits is apt. With respect to other challenges, there is the issue of delays and backlog of pending cases, especially in the superior courts. This number is continuously increasing, and this in itself, shows the inadequacy of the legal system. The effect of this, can be seen vividly in the large number of persons awaiting trail in our prisons. Another issue of concern to me, is the archaic systems and procedures. Writing in long hand and limited use of IT, are two key concerns. Our courts remain wholly paper-dependent. We need to do more, to engage with information technology systems. I should say that the supreme courts e-courts scheme, is an important step in the right direction. I am particularly pleased and proud that our own Chief Judge of Borno State, leads this initiative. Certainly, it will now only be a matter of time, when all our systems and processes will be Internet enabled. Pleadings will be filed online, defects pointed out by the Registry rectified online, electronic payment of court fee, summons issued via email, and judgements and orders available online in real time. The other important issue for me, is that of poor infrastructure as it affects lower courts. Poor infrastructure affects all courts in Nigeria, but lower courts appear to suffer more than others. This should be a matter of concern, because these courts play a critical role in building the public trust and confidence in the law, and in the justice system. There is therefore, a need to pay particular attention to the lower courts in the reform process. The Prisons Service is a federal institution. However, the state of Prisons facilities must be of concern to you. What are the important steps we need to take to achieve sustainable prisons reforms in Nigeria? I should say that given our experience in Borno State, Prison does remain an important institution, to keep persons from whom society is genuinely at risk, such as Terrorists or those convicted of serious and dangerous crimes. I think we need to translate the various discussions we have had on the state of our prisons, to concrete interventions. It is trite for example, that prison law reform is the first step in the creation of a proper context for a humane prisons system. Our Prisons Act is outdated. It does not provide for the proper and efficient administration of prisons, protection of human rights and upholding of international standards. We need new prisons legislation. Gladly, the National Assembly is proposing one. We hope that the proposed Bill will shortly be passed into law. The other glaring issue that we need to deal with, is that of overcrowding in our prisons by the awaiting trial population Quite aside from the unacceptable crowding in the facilities, is the long number of years on the average spent by each person awaiting trial. I note that the Federal Government has inaugurated a Committee to cover prison decongestion initiatives. I hope that the Committee will proffer sustainable solutions. In my respectful view, prison decongestion, cannot be simply about paying fines and releasing prisoners with minor offences. We need to develop practical strategies that prevent those who should not be in prison, from going there in the first place. No less important is the need to consider the conditions of service of prison officers. Any improvement in conditions for prisoners, will be dependent on prison staff taking pride in their work and having a proper level of competence. It is obvious that inadequately motivated staff, cannot find satisfaction in their jobs, neither can they be expected to perform optimally.
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D I S C Weighing in on Obasanjo’s ‘Advice’ to Buhari The pervading opinion in the Nigerian polity, is that the earnest expectations of Nigerians under the present administration have been dashed, given the level of insecurity, poverty, unemployment, corruption and despondency amongst the youths. The general perception is that the Buhari led Administration, has been mostly clueless, and former President Obasanjo’s damning letter dissuading Buhari from contesting in 2019, has resonated nationwide, arousing a national debate. While some think some believe Obasanjo lacks the moral rectitude to castigate President Buhari, others believe he has spoken the truth and that Buhari should heed his advice. Chief Mike Ozekhome, SAN and Jide Ojo take their position in the raging national debate.
President Muhammadu Buhari and former President Olusegun Obasanjo
When the Navigator Jumps a Sinking Ship: OBJ’s Epistle to President Buhari
F Introduction
ormer President Olusegun Okikiolu Obasanjo (the Ebora of Owu), can draw punches. He hits his opponents when they least expect him to. That is what he was trained to do, as a military man. But, he has since taken his trade into politics. Few days ago, he wrote a damning lengthy epistle to President Muhammadu Buhari (PMB). An epistle is a loaded message, bulletin, billet doux, reminder, missive, notice or cannonball. In the 13 paged, 3,565 word scorching statement titled, “The Way Out: A Clarion Call for Coalition for Nigeria Movement”, the resonating voice who himself once fruitlessly sought for a 3rd term of office at the expiration of his 2nd term in 2007,
by attempting to amend the 1999 Constitution (an ambition dashed by the bi-camera National Assembly), took Buhari to the cleaners, wrote him off, and advised him to retire to his Daura home to take care of his failing health. Look At The Message, Not The Messenger Many have argued (and I have done this again and again), that Obasanjo cannot be the moral compass of ethical high ground to direct this country. I am not comfortable with his puritanic stance of redemptive messianism (like the “Lamb of God that taketh away all Nigeria’s problems”). However, you can never fail to admire his courage, objective and strong interventionist bravado, at critical times in the nation’s history. When Asiwaju Bola Tinubu begged OBJ in the months preceding the 2015 Presidential election, to assume the role of APC’s Navigator, I pooh-poohed
the idea. I laughed. I argued then that a man who could use the political platform of the PDP to become a two-term President, two-term Chairman, Board of Trustees, only to dump the party (for whatever reasons), could not generate enough morality to become a navigator. OBJ was later to publicly burn his PDP membership card. I had argued then that a man who could defy Supreme Court’s orders, that the Lagos State Government then led by Tinubu be paid, unjustly and illegally withheld Local Government funds, was not the right Mungo Park, Lander Brothers, Clapperton, or Vasco da Gama to navigate APC’s trajectory. Alas! The cookies have now crumbled. The chicken has come home to roost. The Navigator has jumped APC’s sinking ship. But, we must not leave the message for the messenger. So, Obasanjo’s epistle is not only timely, it is even coming too late. But, it is better late than never. Obasanjo’s Earlier Oracular Interventions Like Nostradamus (the man who saw tomorrow), and like the oracle at Ile-Ife that gazes into the future to pronounce the next Ooni to be, Obasanjo had, in the past, correctly prognosticated into the dark entrails of the future, to unearth likely consequences of ruling president’s actions. In 1984, when PMB reigned supreme with iron fist as Military Dictator, ordering the flogging
of Nigerians on their bare buttocks, in the name of the then “War Against Indiscipline” (WAI), Obasanjo struck. In a visible attempt to distance military junta from the dismal human rights credentials, ruthlessness and tyranny of the Buhari-Idiagbon dictatorship, OBJ delivered a lecture in August, 1985, at Ibadan, under the auspices of the Agricultural Society of Nigeria. He specifically accused Buhari of foisting on Nigeria a “titled federalism” (I do not know what he meant by that). It was only days later, 27th August, 1985, that Buhari was overthrown by General Ibrahim Babangida (IBB), the gap- toothed “evil genius”. Obasanjo soon took on Babangida on the national crisis and public revolt against IBB’s Structural Adjustment Programme (SAP). Deriding IBBnomics, OBJ made his famous statement, “SAP must have a human face”. He repeated it in 1999, at his Ota farm, where he assembled retired Military Generals, CSO’s and leading lights in the academia, to oppose the ever winding, never ending political transition (“transfixion”) programme of IBB. Obasanjo was not so lucky with the dark googled General Sani Abacha (his loot are still being recovered from foreign bank vaults 20 years after his mysterious death in Aso Rock). OBJ had killed two birds with one stone, in attacking both IBB
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(for foisting Abacha on Nigeria) and Abacha, in a lecture delivered at Arewa House, Kaduna. He said: “General Babangida is the main architect of the state in which the nation finds itself today, and General Sani Abacha was his eminent disciple, faithful supporter and beneficiary”. Abacha, unlike IBB, did not find OBJ’s scathing remarks soothing. Pronto, OBJ was roped into a phantom coup with General Oladipo Diya and others. He was sentenced to death. I was one of those who protested on the streets of Lagos, mounted pressure, before the death sentence was commuted to a long term of imprisonment. It was while he was still serving his jail term, that IBB (see the irony of life?) and other military Generals, brought him out of prison and literally railroaded him into the Nigerian political space as President in 1999. Obasanjo, like a bull in a China shop, did not relent on his personally anointed political son, UmaruYar’Adua, whom he literally installed in office in 2007, to succeed him, even when Yar’Adua’s health was publicly known to be poor. Remember his infamous “Umaru, are you still alive, or are you dead?”, during the campaign, when Yar’Adua was mortally consigned to a Saudi hospital bed. But, as soon as Yar’Adua settled down and asserted his governance manhood, OBJ moved against him. At a dialogue organised by Media Trust Ltd (publishers of Daily Trust) in January, 2010, OBJ pummelled Yar’Adua with the admonition to “toe the path of honour and morality”, by resigning once he discovered his health was failing him in office. The poor health led to the reign of the “cabals”, (thanks, my late friend, Dora Akunyili, for popularising this word), the introduction of the “doctrine of necessity”, and the emergence of President Goodluck Jonathan. Perhaps, OBJ’s most celebrated tango with past Presidents was his encounter with the immediate past President, Dr Goodluck Ebele Jonathan. In a blistering 18 paged letter dated 2nd December, 2013, and titled, “Before it is too late”, OBJ accused GEJ of refusing to reply his earlier letters (hence his making public this particular one); of incompetence, nepotism and corruption in his government, amongst others. GEJ did not take kindly to it. He fired back. Whether it was Obasanjo’s letter that caused GEJ’s electoral defeat, no one can say. One thing is, however, clear. His virulent denouncement of GEJ, his anointed “son”, his burning of his PDP membership card publicly, to showcase his utmost revolt to GEJ’s return, and his public embrace of an APC delegation at his Hilltop Mansion, Abeokuta, are believed to have contributed in no small measure to yank sitting PDP out of power, after 16 years. OBJ’s Statement: The Issues at Stake In a manner not quite characteristic of him, OBJ appeared initially to have given some thumbs up to PMB on the twin areas of security and anti-corruption “fight”, two of the tripods on which PMB /APC hanged their 2015 hurricane campaign, the other being economy. His statement, celebrated by Information Minister, Mr Lai Mohammed, and which, I believe Lai took out of context, was: “I thought President Buhari would fight corruption and insurgency, and he must be given some credit for his achievement so far in these two areas, although it is not yet uhuru”. What OBJ appeared to have given with the right hand, “he must be given some credit for his achievement so far in these two areas”, was quickly taken back with the left hand, in his “although
“OBJ WAS AGAIN RIGHT. NEVER IN THE HISTORY OF NIGERIA, SINCE HER 1ST JANUARY, 1914 AMALGAMATION BY LORD LUGARD OF THE NORTHERN AND SOUTHERN PROTECTORATES TO FOUND NIGERIA, HAVE NIGERIANS BEEN TREATED TO SUCH BRAZEN IMPUNITY AND DISPLAY OF NEPOTIC, CLANNISH AND CRONYSTIC APPOINTMENT OF KEY MEMBERS OF A GOVERNMENT, AS THIS”
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it is not yet uhuru”. He actually recanted it all in his damning verdict on serious allegations about PMB’s government’s “round-tripping against some inner caucus of the Presidency which would seem to have been condoned”. He then delivered the punch: “I wonder if such actions do not amount to corruption and financial crime, then what is it? The Culture of condonation and turning a blind eye, will cover up rather than clean up. And going to justice must be with clean hands”. There was no better way of saying that the fight against corruption was a mere farce, a red-herring, a bubble, to hoodwink the unwary and gullible. I had severally challenged Mr. Ibrahim Magu, the Acting Chairman of EFCC, to dock “just one person in the inner circle of his government”, out of many of those serially accused of corruption, to show that there is actually a so- called anti-corruption “fight”. OBJ also repeated this brazen condonation of corruption within the kitchen cabinet, which I had serially described as “fighting corruption in government circles with sweet smelling sasorabia perfume, whilst the same government fights alleged corruption against the opposition and critics of government with insecticides, herbicides and pesticides”. Lo and behold, within 24 hours of OBJ’s collaborative statement, Babachir Lawal, grass-cutting erstwhile SGF who had been indicted long ago by the VP Osibanjo panel set up by PMB himself, but was left untouched as a sacred cow (one of the cabals), was picked up by EFCC, for interrogation. So, OBJ scored the bull’s eye here. Insecurity Dwelling on herdsmen/farmers clash which has led to herdsmen’s bloodletting rampage across the length and breadth of beleaguered Nigeria, Obasanjo interrogated: “the herdsmen/crop farmers issue is being wittingly or unwittingly allowed to turn sour and messy. It is no credit to the Federal Government that the herdsmen rampage continues with careless abandon and without finding an effective solution to it and issue of herdsmen/ crop farmers dichotomy should not be left on the political platform of blame game...”. Then, he grieved: “it is a sad symptom of insensitivity and callousness that some Governors, a day after 73 victims were being buried in mass grave in Benue State without condolence, were jubilantly endorsing President Buhari for a second term. The timing was most unfortunate”. Unfortunate? Too tame a word. I would say most horrific and insensate. What can we not see and hear in this country? Presidential spokesperson, Mr. Femi Adesina had argued that the number of innocent Nigerians so far mindlessly slaughtered by these unrestrained herdsmen under Buhari, is not up to those killed under Jonathan. So, loss of human life became a mere game of arithmetic numbers! One northern lady, contributing to the debate on this herdsmen menace which has since dwarfed Boko Haram insurgency in its potency and hideous massacre, told a shocked nation that in the North, cattle life was more valued than human life. She confidently anchored this eerie inverse reasoning, on what she called the “culture of our people”, made so by God. God? “In fact, the cattle owner values the life of his cattle more than his own life”, she profaned. I could not believe my eyes or ears. An angry male contributor to the debate took her on, admonishing that she was insulting humanity, because “even one billion cows are not worth the life of one human being”. I agree with him. Consequently, on security matters, the PMB government has failed woefully. Kidnapping, armed robbery, suicide, prostitution, women trafficking, child labour, destitution, melancholy, haplessness, hopelessness and gnashing of teeth have so far been on the increase. For political correctness, Governors, Ministers and Politicians encourage the obvious ethnic and religious cleansing currently going on. Trail Of Blood, Sorrow And Death The oozing stench of death hangs in the air. From Ngowko, Ekwuru, Ebor, Umuome, Ugwuijoro and Ugwuachara in Nimbo, Uzo – Uwani LGA of Eungu state, to Godogodo and Dogan Daji villages in Kaduna State, the Ak-47 wielding herdsmen attack indigenes in grisly circumstances. Goma and Logo LGAs of Benue State were literally razed down, after the earlier massacre in 10 communities of Agatu. In Adamawa State, citizens of Dowaya, Numan, Demsa, Shafaran and Shawal, were horrendously mowed down by the rampaging herdsmen. 20,000 indigenes of Sabondaga community in Niger State, were sacked. Alor and Oraukwu Communities in Idemili LGA, of Anambra State (where Dr Chris Nwabueze Ngige Minister of Labour, hails from), were not left out of this mindless carnage. The people of Ugbenu and Achalla communities, in
S Awka LGA, tasted of this poisonous orgy of violence and death. The people of Nekede and Ihiagwo Communities in Imo State, and those of Zando, Ibi, Wusen, Tungani, Gishrin, Hasan and Gborucha villages in Wukari LGA of Taraba state are scarred with this unprovoked brutality. From Jangaru Community of Awe LGA in Nassarawa State; to Orhua, Oke, Unokpe and Ekpan communities in Uhunwode LGA and Okpella, Ekpoma and Uzairue Communities in Etsako East and Etsako West, all of Edo state, it is the same sad story of tears, sorrow, and blood. Umunor community in Ndokwa East, Onicha-Ukwani, Ndokwa West, Ovie Okpare, Warri, and Igbodo, whose king was headed, all in Delta state, the herdsmen held sway. Mbiabong Ito, Odukpani LGA, Cross River State, was crucified. Elder Statesman, Chief Olu Falae, who was earlier abducted from his Ondo State Farm, and has just had the same farm burnt, was not left out. He moaned that the new scourge of invaders asked rhetorically, “how do you eat gari when there is rice? How can our cows eat grass when there are yams, rice and cassava?” Cows thus, graduated from eating grass to eating cash crops! So, Obasanjo was dead right in his thesis. Whereas, Boko Haram was restricted to the North East alone, the herdsmen, already classified as one of the four most deadly terrorist groups in the world, carry out their blood-letting carnage across all nooks and crannies, and across the length and breadth of Nigeria. From cattle routes, PMB’s government has taken us to cattle ranches, grazing reserves and now cattle colonies. Nepotism, Clannishness It is respectfully submitted that one of the greatest indices of corruption lies in nepotism, clannishness, cronyism, tribalism and favouritism, all areas in which PMB has greatly excelled. Corruption does not only begin and end with ‘Dasuki gate”. It also includes Babachir gate, Maina gate, Baru gate, and all the other gates in government circles. In telling PMB “Korokoro” eyes (eye ball-to eye ball) that his fresh attempt at a second term amounts to asking them (Nigerians) to give more, OBJ argued that this “will be unrealistic and will only sentence Nigeria to a prison term of four years, if not destroy it beyond the possibility of an early recovery and substantial growth”. Said OBJ, “Already, Nigerians are committing suicide for the unbearable, socio- economic situation they find themselves in. And yet (sic) Nigerians love life. We must not continue to reinforce failure and hope that all will be well. It is self-deceit and self-defeat and another aspect of folly”. Obasanjo noted that, there appears to be three major areas where PMB has buried what they thought was their knowledge of him. “One is nepotic deployment bordering on the clannishness, and the inability to bring discipline to bear on errant members of his nepotic court. It would appear that national interest was being sacrificed on the altar of nepotic interest. What does one make of the Maina: collusion, condonation, ineptitude, incompetence, dereliction of responsibility or kinship and friendship on part of those who should have taken visible and deterrent disciplinary action. He wondered how many similar cases are buried, ignored or covered up, and not yet in the glare of the media and the public.” OBJ was again right. Never in the history of Nigeria, since her 1st January, 1914 amalgamation by Lord Lugard of the Northern and Southern Protectorates to found Nigeria, have Nigerians been treated to such brazen impunity and display of nepotic, clannish and cronystic appointment of key members of a government, as this. The entire security apparatchik of Nigeria, can comfortably meet today and speak only the Hausa language, because all its members are from the Northern part of Nigeria. From EFCC, DIA, DSS, Police, Army, Air Force, Immigration, Customs, Prisons, to Internal Affairs, Civil Defence, NSA, CSO, Chief of Staff, NIA, just name it. God, where are you? You are so patient! When IPOB demonstrated peacefully on the streets of Aba, Umuahia, Owerri, Enugu and Onitsha, asking for self- determination (a right recognised by international instruments of UNO, AU, EU, etc), this government promptly sent the military to mow them down. They were young men under the leadership of Nnamdi Kanu, merely blowing whistles, carrying flags with Biafran insignia, wearing berets, marching with cudgels, peacefully on the streets. They did not kill anyone. When Apostle Suleiman advised his congregation to defend themselves against further attacks by the herdsmen, he
E “IT IS RESPECTFULLY SUBMITTED THAT, ONE OF THE GREATEST INDICES OF CORRUPTION LIES IN NEPOTISM, CLANNISHNESS, CRONYISM, TRIBALISM AND FAVOURITISM, ALL AREAS IN WHICH PMB HAS GREATLY EXCELLED. CORRUPTION DOES NOT ONLY BEGIN AND END WITH ‘DASUKI GATE”. IT ALSO INCLUDES BABACHIR GATE, MAINA GATE, BARU GATE, AND ALL THE OTHER GATES IN GOVERNMENT CIRCLES” was waylaid in Ado-Ekiti, where he had gone to preach, by DSS, preparatory to being whisked away. It took the daring intervention of the “Abami Eda”, Governor Ayodele Fayose (Oshoko), to halt the abduction. Yet, none of the herdsmen that he complained against has ever been arrested, let alone been detained or tried. Rather than send the same Army to Demsa and Numan, PMB sent the Vice President Osibanjo, to go and make “peace” with murderers. Rather than deploy the same military to Benue, PMB, ordered the IGP to relocate there. He admonished the bereaved and sorrowing families to “accommodate” the herdsmen! Gosh!! Such brazen discrimination cannot weld a country together. OBJ nailed the coffin when he intoned, most brilliantly, that “kinship and friendship that place responsibility for governance in the hands of the unelected, can only be deleterious to good government and to the nation”. It could not have been more aptly put. The Ebora of Owu was not done with PMB. He listed the other two major areas of PMB’s failure, as his “poor understanding of the dynamics of internal politics”, which has “led to wittingly or unwittingly making the nation more divided and inequality has widened and become more pronounced. It also has an effect on general national security”. OBJ recognised PMB’s third Achilles’ heel, as “passing the buck”. Yes. Harry Truman, former US President, once famously declared, “the buck stops on my table”. This is one government where the coterie of bootlickers, ego balmers and praise singers, out number and over power any tiny critical voice of reason. They blame the past government of GEJ, PDP, and even Nigerians, just anybody and anything, but their angel and saint, PMB. To them, he is sinless. Because of this fixation and unfortunate mindset, a beautiful picture of the nation is always painted to him. They play sweet music to his ears. Whenever he returns from his many trips abroad, the once spartan Military General (now wearing the best designer Agbadas, shoes and caps), has kaakaki flutists lined up laid out red rugs, to play sonorous, soothing music to welcome the messiah. They tell him Nigeria has exited recession. But they fail to emphasise to him or APC, that they had in fact dragged a prosperous Nigeria with an IMF and World Bank $500 billion rebased economy (she overtook South Africa as number one), into the recession in the first place. They jubilate that the naira has stabilised, at N365 to the dollar. They use their APC broom to sweep under the dirty mat, the fact that they met the exchange rate at N190 - N195, when they assumed office on 29th May, 2015. They had promised N40 per litre for PMS (fuel, petrol), but they jerked it up to N145 per litre. They had promised N1 to exchange rate, $1, but at a time, it was even N510 to $1, and today, N365 to $1. They promised to feed school children, pay unemployed graduates, and create 3 million jobs per annum. These have been honoured in strict breach than in observance. Indeed, over 7 million jobs, have so far been lost in the last 21/2 years, according to the National Bureau of Statistics. Inflation which they met at a single digit, is today at a double digit. Many industries have since folded up and relocated to nearby countries like Ghana, Republic of Benin,
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Questioning Moral Rectitude in Obasanjo’s letter to Buhari “The lice of poor performance in government – poverty, insecurity, poor economic management, nepotism, gross dereliction of duty, condonation of misdeeds – if not outright encouragement of it, lack of progress and hope for the future, lack of national cohesion and poor management of internal political dynamics and widening inequality – are very much with us today. With such lice of general and specific poor performance and crying poverty with us, our fingers will not be dry of ‘blood’”. - Former President Olusegun Obasanjo in his Tuesday, January 23, 2018 special press statement on President Muhammadu Buhari’s government.
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Freedom of Expression and Dissension he dust raised by the missive of ex-President Olusegun Obasanjo, asking the incumbent President Muhammadu Buhari (PMB) not to run in 2019, is yet to settle. The former President who recently made history as one of the five octogenarians in history to earn a Doctor of Philosophy, had last week x-rayed the administration of PMB and characterised it with the above cited opening quote. Since the publication of that statement, I have had the privilege of analysing it on some electronic media platform. I have discussed it on ’Majelisa’ on Kiss 99.9 FM, ‘Nigeria Today’ on Nigerian Television Authority and ‘Burgami’ on Vision 92.1 FM, all in Abuja. While the opinion expressed in the letter resonated with many Nigerians including myself, it did not go down well with many other compatriots particularly members of President Buhari’s party, the All Progressives Congress, and many people from northern Nigeria. Does Dr. Obasanjo have a right to air his opinion on the President? The answer is in the affirmative. Section 39 (1) of Nigeria’s 1999 Constitution, as amended in 2010 says “Every person shall be entitled to freedom of expression including freedom to hold opinions and to receive and import ideas and information without interference.” What Obasanjo expressed was his personal opinion. In fact, he called it brotherly advice. Hear him “I only appeal to brother Buhari, to consider a deserved rest at this point in time and at this age. I continue to wish him robust health to enjoy his retirement from active public service. President Buhari does not necessarily need to heed my advice.” I am one of those who think the former President, does not have to make a public show of his advice to the incumbent president. The truth is that, he has unfettered access to him and has actually met with him on more than one occasion since he came to power on May 29, 2015. Among those who are critical of the opinion expressed by Obasanjo, also known as OBJ are those who aligned their thoughts with the position expressed by Simon Kolawole, a renowned newspaper columnist, and publisher of the news medium known as The Cable. Simon had in an article entitled “Obasanjo as Nigeria’s Moral Compass” published in Thisday newspaper of January 18, 2015, articulated the former President’s poor human rights records, bad governance and lack of moral rectitude. Assuming without conceding, that Simon was right in his referenced article, does that stop Obasanjo from pointing out the pitfalls of his successors? Many people believe that Obasanjo is a megalomaniac who likes to pontificate on the weaknesses of others, while ignoring his own shortcomings. He is a typical ‘aritenimowi, a fi apaadi jaanran bo tie mole’ (Yoruba proverb that translates as one who likes to criticise others, while covering up his or her own inadequacies). In the very opening paragraph of his letter to Buhari, Obasanjo offered insight into his motive for writing the letter, According to the octogenarian, there is a Yoruba saying that ‘when lice abound in your clothes, your fingernails will never be dried of blood’. Therefore, to ensure you do not have blood on your fingernails, you have to ensure that lice are not harboured anywhere within your vicinity. There is also another Yoruba adage that says “agba kii wa loja ki ori omo tuntun wo” that is, while the elder is in a marketplace, the head of a baby will not be allowed to bend.
WHEN THE NAVIGATOR JUMPS A SINKING SHIP Gambia, Senegal, even Liberia. Hunger, disease, squalor, tears, pains and pangs, are the order of the day. PMB has ruled Nigeria twice: first as a Military Dictator, then as the current President under a democratic set up. Never mind that he had himself overthrown the constitutional democratic government of Alhaji Aliyu Shehu Shagari, on the 31st December, 1983. Only OBJ and PMB enjoy that rare historic feat. So, what else does PMB want? Like OBJ rightly noted, his place in history and in the pantheon of great Nigerian leaders, is already assured. Even if PMB were given another 20 years, he can only take Nigeria back, retrogressively. Because he has reached his optimal capacity, the apogee of his performance quotient. I agree with OBJ, therefore, that his “brother Buhari”, should “consider a deserved rest at this point in time and at his age”. This is because in the words of OBJ, “whatever may be the state
“THERE ARE AT LEAST THREE CATEGORIES OF PEOPLE, WHO ARE AGAINST PRESIDENT MUHAMMADU BUHARI’S REELECTION BID. THEY WILL RATHER NOT HAVE HIM ON THE BALLOT, COME 2019” Perhaps OBJ’s intent is genuine as he said “Some may ask, what does Obasanjo want again? Obasanjo has wanted nothing other than the best for Nigeria and Nigerians, and he will continue to want nothing less. And if we have the best, we will be content, whether where we live is described as palaces or huts by others and we will always give thanks to God.” There are also those who think OBJ is being opportunistic, and was cashing in on the popular discontent in the polity. They said he is just rehashing many thoughts of Nigerians, who feel that the Buhari administration has failed to deliver on many of its campaign promises. The Third Force They pointed out the existence of Third Force, such as the National Intervention Movement established by Olisa Agbakoba, SAN and others since November 29, 2017, and the ‘Red Card Movement being spearheaded by Dr. Oby Ezekwesili since January 4, 2018. According to his critics, Obasanjo is not saying anything new, and is just trying to reinvent the will by calling for the establishment of Coalition for Nigeria. Incidentally, Dr. Yunusa Tanko, who is the National Chairman of National Conscience Party, addressed a press conference on Thursday, January 25, 2018, announcing that about 30 political parties have agreed to form a working alliance under the auspices of an umbrella organisation to be known as Coalition for New Nigeria (CNN). Those Against Buhari’s Re-election Bid There are at least three categories of people, who are against President Muhammadu Buhari’s reelection bid. They will rather not have him on the ballot, come 2019. The first are those who believe he pledged to do only one term in office as President. Although many Nigerians are not privy
CONTINUED FROM PAGE 11 of President Buhari’s health today, he should neither over push his luck, or over tax the patience and tolerance of Nigerians for him, no matter what his self-serving, so called Advisers would clamour that they love him more than God loves him and that without him, there would be no Nigeria say”. The world is laughing at us. We are retrogressing. The overall picture is dismal. It is on this score, though I am not a fan of OBJ, that I totally subscribe to his damming verdict on this non-performing government. His new suggestion of a powerful coalition, is a great idea to be further explored by Nigerians, especially the youth and women. Thank you sir, OBJ, for being a resonating voice amongst brow-beaten, intimidated, silenced and squirming Nigerians. Chief Mike A. A. Ozekhome, SAN, OFR, Ph.D, FCIArb, LL.D, Constitutional Lawyer and Human Rights Activist
to this pact or gentleman’s agreement, however, in September 2017, Hajia Aisha Alhassan who is the incumbent Minister of Women Affairs and Social Development, granted interview to British Broadcasting Corporation Hausa Radio where she stated inter alia that “In 2015 prior to the election, when Buhari decided to contest following intense pressure, he declared that he was going to serve one tenure, that is four years. And to date no one can claim Buhari has expressed any desire to stand for re-election in 2019.” Alhassan’s political ‘godfather’ and former Vice President, Alhaji Atiku Abubakar, perhaps seeing that the President is being egged on to contest for second term, left the APC back to Peoples Democratic Party in December, 2017. The second group of antagonists, is those who believe the President is not in a good state of health, and is too old to govern for an extended period of eight years, given the fact that he was in and out of a London hospital for over hundred days last year. However, the third category of people, are those who feel he has failed to deliver on his 2015 campaign promises, and as such, is undeserving of being returned to power in 2019. Many Nigerians are in this fold. Just like Obasanjo did, they cited the growing unemployment, poverty, insecurity, infrastructural deficit, lopsided appointments, tardiness in decision making, rising commodity prices, and high cost of living as some of their reasons. Centre for Democracy and Development in 2015, set up a monitoring mechanism to track the performance of the 222 campaign promises of the President. Out of the lot, as at last Friday when this piece was written, only six had been achieved, 112 are ongoing, while 102 are not rated, meaning work is yet to start on them. Yet, the administration is getting to three years in office, and many feared that with the election timetable out and the next general polls scheduled for February/March 2019, many of the ongoing projects may not be completed due to politicking for mandate renewal. Many Nigerians believe that the Buhari government is not only slow, but underperforming. Implications of Obasanjo’s Epistle What really are the implications of Obasanjo’s last week’s epistle to Buhari? For me it is ominous. In military parlance, there is something called ‘espirit de corps’. Obasanjo and Buhari belong to the military elite, and are the two most fortunate who have had the privilege to serve as Heads of State and Civilian Presidents. Obasanjo was senior to Buhari in the military, and actually endorsed him for President in the lead up to the 2015 General Elections. It will seem that after some private consultations without the desired change, Obasanjo decided to go public and put issues on record for posterity. Remember the saying by Franz Fanon that, “The future will have no pity for those men, who, possessing the exceptional privilege of being able to speak words of truth to their oppressors, have instead, taken refuge in an attitude of passivity, of mute indifference, and sometimes, of cold complicity.” Of all the past Presidents and Heads of State alive- Gen. Yakubu Gowon, General Ibrahim Badamasi Babangida, Gen. Abdusalami Abubakar, Alhaji Shehu Shagari, Chief Ernest Shonekan, and Dr. Goodluck Jonathan, it is only Chief Olusegun Obasanjo who has openly come out to criticise the incumbent. To me, it is a bold, courageous and patriotic move. Another implication is that, it is a clarion call on the PMB Administration, to redouble its effort and deliver on its campaign promises. Speaking truth to power, is a commodity in short supply in Nigeria, as many members of the elite class like Obasanjo prefer not to rock the boat and allow maintenance of the status quo. However, OBJ’s open criticism, is tantamount to holding the government’s feet to fire, to ensure that it delivers on the party’s and candidates pledges. This is good for our democracy, as it will help to deepen it. Government’s Response It is heartwarming and commendable that both the APC and President Buhari, took Obasanjo’s criticism in good faith and responded in a measured and civil tone. In time past, even under Obasanjo’s administration, his media aides and Minister of Information, would have taken anyone bold enough to openly criticise their principal to cleaners. They would have engaged in vitriolic attacks, and may have even ordered the arrest and detention of such a person, no matter how highly placed. Rather, in this instance, the President’s media aides kept mute, and allowed the Minister of Information, Alhaji Lai Mohammed to respond. The response was very apt and straight to the point. The Minister appreciated OBJ, and even called him a patriot. He thereafter, countered the non-performance claim on the administration in the area of economy, with facts and figures. He talked about the giant strides in the reduction of inflation, improvement in the ‘ease of doing business’, agriculture, solid minerals, weeding out of ghost workers and savings from the operations of Treasury Single Account, among other highlights. In a rare admittance of truth, the Minster observed that “These positive indices may not have immediately impacted positively on Nigerians, but Nigerians will definitely get a new lease of life a short while from now”. Jide Ojo, Legal Practitioner, Abuja
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The Law School Class of 80 held their Reunion on January 19 & 20, 2018, at the National Judicial Institute Abuja. The Class also honoured one of their colleagues, Mr. Boss Gida Mustapha, who was recently appointed as the Secretary to the Government of the Federation. Here are some of the personalities who attended the photos: Julius Atoi event
Cutting of the Reunion cake with the Vice President, Professor Yemi Osinbajo, SAN
Vice President, Professor Yemi Osinbajo, SAN and Justice Mary Odili of the Supreme Court
L-R: Professor Epiphany Azinge, SAN,Professor Yemi Osinbajo, SAN and Secretary to the Government of the Federation, Mr. Boss Gida Mustapha
L-R: Minister of Interior, Abdulrahman Dambazau, Minister of Budget and National Planning, Senator Udoma Udoma and Minister of Niger Delta, Usani Uguru Usani
L-R: OďŹƒong OďŹƒong, Justice Lord Peter Umeadi, Professor Epiphany Azinge, SAN and Antoni Igboji
L-R: Franca Ofor, Egoro Awa-Kalu and Henrietta Didigu
L-R: Gambo Musa Danmusa, Jummai Sankey and Bilkisu Bashir
Ita Enang (left) and Gen Chris Garuba
SGF, Boss Mustapha and wife Olufumilayo
Senator Joshua Lidali (left) and Murktar Shagari
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The Law in the Digital Age: Necessity of Technolawgical Transformation This article by Richard Idaeho, discusses the development of technology into a global phenomena, the need for the application of this technological advancement in the Legal Industry, and the pros and cons of so-doing
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echnology is the use of scientific knowledge and methodology, in solving practical problems. The application of technological techniques and tools, are usually associated with scientific disciplines and commerce, and would appear to be unconventional for a conservative profession, such as the legal profession. In our contemporary age, digital technology has developed into a global phenomena cutting across all boundaries, and disrupting professional conservatism. The legal profession is not an exception to this technological disruption, hence the coinage “technolawgy”. Technolawgy as used in this article, is the application of technological advancement in the legal industry, whether as an improvement of systems (office management and organisation), or processes (legal documentation and research). Technolawgical transformation, is the progressive development of scientific tools to solve legal problems. Law firms, in this competitive contemporary digital age, must conform to the demands of the time, and be technolawgically savvy if they are to remain relevant. The introduction of technolawlogy is not relatively new to the legal profession, but its astronomical transformation, leading to disruptions in the conventional practice of law, which could best be comparable to the speed of light. Technolawgical Disruptions A key point to note here, is the introduction of admissibility of computer generated evidence in the Nigerian Court, upon satisfying the various conditions laid down in section 84 of the Evidence Act 2011. This lays to rest, the uncertainties that once existed as to the admissibility of documents produced from a computer as evidence. The Evidence Act, prescribes a process for relying on computergenerated evidence. The party seeking to rely on such evidence, must produce a certificate to authenticate the content and source of the computer-generated document. However, the law does not specify the nature of this certificate, but in practice, this is usually done by way of an affidavit. This will be considered as the most preferred way of authenticating such information, as it is a deposition on oath. Some courts in Nigeria have introduced the use of electronic filing system (e-filing), and require that all cases filed at the court registry are scanned and saved in the court’s electronic server. Also, service of Hearing Notices can now be done electronically by email. The Lagos State Judiciary is most
commendable for its progressive development of the courts systems, and for being a pace-setter for other jurisdictions in Nigeria. It was the first to introduce e-filing system in the country. The Court of Appeal is well notorious for the use of electronic hearing notices. This is well commendable, as it saves time and resources. In addition, the new Court of Appeal Rules 2016, require court processes including Records of Appeal and Briefs of Arguments to be filed, to be accompanied with electronic versions of the processes. In law reporting, there has been a development of electronic law reporting systems. Legal research has been made easier, by use of one of these electronic law reports. They serve as quick references to legal materials, including laws, case notes and judicial decisions. A notable electronic law report is the Law Pavilion, which has served the Bar and the Bench for about a decade now. The National Industrial Court, also reports its cases on its website. This in itself would serve as an e-report of its cases. What then are the prospects and challenges of technolawgical transformation? Prospects of Technolawgy The use of technology in the legal profession cannot be over- emphasised. “Technolawgy” has become a commodity for lawyers, both as an asset (a product for use), and a competitive advantage (a product for sale). As a product for use, law firms like never before, now invest in technological tools to aid their office management and research. This can be seen in the area of use of portal to save, review or back up files. This also serves as a search engine for those files. Electronic law reporting, is also being utilised by law firms for researches and other allied purposes. As a product for sale, it would seem that the more equipped a law firm is, the more it could attract and service clientele, especially international clientele. There are efforts to introduce electronic service of all court processes, including originating and interlocutory processes. This would require all lawyers to have functional emails, and active subscription to a data network. Technolawgical transformation, will also yield use of electronic means of obtaining evidence. This means, a party can give evidence before the court, without the necessity of the party being physically present in court. This can be achieved by the use of Skype, e-conference call, whatsapp, Facebook, IMO or through any other social network. There are efforts being put in place in this regard, and this was a focal point of discussion at the Session on Technology of the Nigerian Bar Association at the 2017 Annual General Meeting in Lagos. This will save witnesses a lot of trouble in terms of cost, and will also
ALLEGED N285M FRAUD: COURT DISCHARGES AND ACQUITS COUPLE Justice Onigbanjo held that, the couple are not culpable of any fraudulent allegations levelled against them by the prosecution. The couple were first arraigned before Justice Habeeb Abiru on a three-count charge of conspiracy and stealing, but upon his (Abiru) elevation to the Court of Appeal, the case was reassigned to Justice Onigbanjo. According to the trial Judge, the Prosecution failed to prove that the Petitioners had any such monies capable of being stolen, or to show that any such fund was traceable to the Defendants in any way. Justice Onigbanjo held that, to prove a case of stealing, three key elements, must be established, viz: the ownership of the thing stolen, the act
help forestall loss or frustration of cases, as a result of difficulty in securing the attendance of witnesses, especially witnesses residing outside the Nigerian territorial jurisdiction. In view of the foregoing, technolawgical transformation ensures ease of work; provides quick access to information; saves cost and time; dispenses of physical presence, as businesses can be conducted even without the physical presence of the client (in due course, testimonies in court), and its faster and efficient. The use of technolawgy, also enhances the standards of the law firm, and makes its lawyers technolawgically up-to-date. Challenges of Technolawgy However, the benefits of technolawgy are not without its attendant’s challenges. Technology is a threat to employment! A proper utilisation of technolawgy, could dispense of manpower. In which case, few people can get the job done just with a click. There is also a threat to the legal profession itself, as many people now find the internet cheaper in getting their jobs done. There are various websites with legal precedents available to the public, with or without a fee. The use of these, could whither down the patronage of lawyers. The rate at which the legal profession has grown in becoming technologically
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of taking or diverting the property, and the fraudulent intent. He concluded that since the Prosecution failed to establish its case, and prove the critical element of fraudulent intent, the Court therefore, discharged and acquitted the couple. The Court reasoned that the 1st and 2nd Defendants were Directors of Clarion Bonded Terminal Limited, and thus, had the authority to expend the company's money for the business of the company. The Court further held that, the Prosecution failed to show that the moneys that they spent, were for fraudulent purposes or purposes other than the fulfilment of the objects of the company. Defendant's counsel, Mr. Okanga Okanga,
however, prayed the court to make two consequential orders, to wit: an order discharging the freezing order made against the Defendants' bank accounts since the commencement of the proceedings; and an order compelling the payment of financial compensation to the Defendants from the Petitioners, in reliance on section 286 of the Administration of Criminal Justice Laws of Lagos State 2011 (ACJL). The Prosecution, represented by the EFCC, opposed the second prayer made by Defendants' counsel, but claimed not to be aware of the accounts purportedly frozen. In his short ruling, Justice Onigbanjo declined the prayers, while urging the Defendant’s counsel to file the necessary applications.
“....TECHNOLAWGICAL TRANSFORMATION ENSURES EASE OF WORK; PROVIDES QUICK ACCESS TO INFORMATION; SAVES COST AND TIME; DISPENSES OF PHYSICAL PRESENCE, AS BUSINESSES CAN BE CONDUCTED EVEN WITHOUT THE PHYSICAL PRESENCE OF THE CLIENT (IN DUE COURSE, TESTIMONIES IN COURT), AND ITS FASTER AND EFFICIENT”
compliant, will in the long run, encourage direct or indirect advertising. It is suggested that the Rules of Professional Conduct for Lawyers, should be revisited, such that a simple use of technolawgy would not result in the loss of a person’s practicing licence. Technolawgy has made the storage of large volumes of books in libraries old-fashioned. In this regard, the requirement of having a large library as a precondition for the conferment of the rank of Senior Advocate of Nigeria, therefore, begs attention. The Legal Practitioners Privileges Committee is urged to review this precondition, so as to ensure that practitioners with active and large web based libraries are not shut out. Conclusion In conclusion, technolawgy has come to stay, and the legal practitioner must keep pace with its continuous advancement, so as to remain relevant. As a corollary to that, our laws must be reviewed in the light of technolawgical transformation, to conform with the realities of times and developments in technology. Richmond Ekhosuehi Idaeho, ACIArb., Legal Practitioner, Jackson, Etti and Edu, Lagos.
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T H I S D AY TUESDAY JANUARY 30, 2018
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T H I S D AY ˾ TUESDAY, JANUARY 30, 2018
PROPERTY & ENVIRONMENT Nigeria Needs Non-Traditional Ways to Fund Infrastructure, Says Agusto Nigeria’s quest for adequate and durable infrastructure will not be achieved if the government sticks to traditional ways of funding, says Bode Agusto, a finance consultant. He believes the government needs to explore nontraditional means, the World Bank recommended for countries to close the huge gaps in infrastructure financing. Bennett Oghifo and Fadekemi Ajakaiye report
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igeria’s investment in infrastructure is too little and counterproductive, because it relies on the traditional ways of funding, using budget cycles and through ministries and MDAs. Besides, the rapid population growth in Nigeria requires huge investment in infrastructure, according to Bode Agusto, a renowned finance consultant and founder of Agusto & Co. Agusto, who is also the current chair of Lagos Economic Advisory Council, stated this, as guest speaker, at the International Real Estate Federation (FIABCI-Nigeria), Prix D’Excellence Dinner 2018, held in Lagos, recently. Addressing the conference theme, ‘Infrastructure Financing Options in a Challenging Economy’, Agusto explained that, “during the five years ended 2016, Ghana, Ivory Coast and Kenya invested 5.3%, 6.5% and 7.5% of national income in infrastructure, respectively; Nigeria invested only 2.1%.” He stated that according to populationpyramid.net, “in 1960, the population of Nigeria was 46 million the UK 52 million, in 2015 Nigeria was 182 million while the UK was 65 million and in 2070 Nigeria will be 550 million while the UK will be only 80 million.” He listed principal areas in Nigeria yawning for significant investment as: “The National
Grid; Railway tracks and signals that will connect all the state capitals and the ports; Rolling stock that will move people and goods around Nigeria and inter-city highways and bridges. However, he said, “The government, acting alone, is unable to make the investments required in these sectors. Why is Government underinvesting in infrastructure? Firstly, the tax revenue of Government is too low. Non-oil tax as a percentage of national income in Nigeria is about 4%; In Angola its 9%, Ivory Coast 15%, Ghana 16% and Kenya 17%.” He also said, “The obligatory spending of the Federal Government (interest on loans, payroll and other statutory payments) is higher than her revenues, therefore ability to invest in infrastructure without incurring significant debt is constrained.” He explained that “FGN local currency debt is about 350% of her revenues. This is significantly higher than the median of 200% for countries in the Middle East and Africa.” Agusto said, “Government’s revenue is limited, obligatory spending is higher than these revenues and leverage is too high. “Even without these three constraints, the World Bank has recognised that large financing gaps exist in the area of infrastructure finance and traditional funding cannot cover the long-term needs of most countries. “Nigeria therefore needs to
The Thompson San Antonio Hotel and The Arts Residence, Houston, Texas, U.S.A
explore non-traditional ways of funding infrastructure. The traditional way is that government will be the sole provider of funds for infrastructure investment and projects will be executed through Government Ministries, Departments and Agencies (MDA). “Under this model, in Nigeria, infrastructure projects become politicised – budgets are approved late, there is a proliferation of projects, scarce funds are spread thinly amongst the numerous projects and we rarely complete any major project, e.g. Lagos-Ibadan
Expressway.” He said, “A non-traditional way is for the Government to partner for infrastructure investment. Partners are typically: International Development Institutions (IDAs); Local businesses; and foreign businesses All these people want their money back plus some return. “Infrastructure projects, therefore, lend themselves towards public/private partnerships with strong economics, e.g. the National Grid, Rail transportation, etc. “The FGN makes a list of
the key projects that she would like to undertake and divide them into two categories, firstly, those with strong economies and social impact e.g. the National Grid, Railway Infrastructure, Railway Rolling Stock, secondly, Niger Bridge 2. Those with weak economics but strong social impact e.g. water for rural communities, rural electrification.” He suggested that the FGN could create an Infrastructure Fund that it would employ to partner with the private sector for the development of projects with strong economics
and huge social impact. “She can then pay =N=0.5 trillion annually (about half of what she currently spends) into this Fund, set up a strong governance process for managing this Fund. “The Fund will make, on average, an equity investment of 25% on each project, set up a company incorporated under the Companies Act to own the project – e.g. National Grid Plc. “Others (local businesses, foreign businesses and IDAs) will own the remaining 75% equity and manage the company.
Nigerian Investors to Attend Texas’ Fastestselling High-Rise Ground-breaking Today
Brains and Hammers Enters Lagos Property Market, Partner Lagos
Stories by Bennett Oghifo
Brains and Hammers Limited, a real estate and infrastructure company, has made a major entrance into Lagos’ property market with the development of 618 housing units at Jubilee Estate in Iganmu in partnership with the Lagos state government. The company, which started business 10 years ago in Abuja, has an impressive property portfolio of over 2000 completed residential homes across Nigeria and it is working on over 3,000 more, according to a statement by its officials. Brains and Hammers is currently developing residential projects within Lagos and Abuja. The company’s project sites include Life Camp, Galadimawa, Gwarimpa, Apo I, Apo II, Apo III, Apo IV, Apo V, all in Abuja, and others along the Lekki corridor in Lagos. The company made an enviable name for itself for building world class residential cities in Abuja with solid infrastructure and social amenities that
Promoters of The Thompson San Antonio Hotel and The Arts Residence, a high-profile and fast-selling high-rise building in Houston, Texas, U.S.A will perform its groundbreaking ceremony today, and EB-5 Investors have been invited to attend. A statement by 3INVEST, the developer’s representative in West Africa, said the groundbreaking ceremony would take place today, January 30. “Over the past five years, 3INVEST has partnered with Houston EB5, an Investment Programme administered by the U.S. government, offering foreign investors an opportunity to become US citizens by investing in the Programme. The offer includes, Complete capitalisation of the investment project of choice, fast-track permanent and legal residency in the U.S for investors and their immediate family and; share in the profit of the project.
“The minimum investment is $500,000 with repayment within 3-5 years at 4% interest rate. Funds will serve as an additional equity capital to the partnership and the hard construction costs.” According to the statement, The Thompson San Antonio hotel and the Arts Residence was introduced to the West African market last year, and that the groundbreaking ceremony of the premier project would take place at the project site in San Antonio, Texas, “giving interested EB5 investors the opportunity to explore the San Antonio’s Museum District.” The statement said the Thompson San Antonio and the Arts Residences positions itself as the premier luxury boutique hotel in San Antonio. Consisting of 20 stories, the - 162 guestroom and 58-residence will feature 15,000 square feet of riverfront meeting space and a Skybar Club, providing sweeping views of the city. Designed to meet and compliment the
needs of the San Antonio market, the Thompson San Antonio provides unparalleled elegance and comfort. Located at the epicenter of San Antonio’s vibrant performing arts district and across from the River Walk, The Thompson San Antonio and Arts Residences is a $116 million, 20-level, 337,000-plussquare-foot mixed-use development. The development slated for completion in 2019 will include The Arts Residences’ luxury condominiums atop San Antonio’s first Thompson Hotel, an international collection of design-forward, luxury lifestyle hotels and resorts. Forty per cent of the condominium homes in The Arts Residences at the Thompson San Antonio hotel has sold since the sales gallery opened May 11, 2017, setting a new record for the fastest-selling high-rise luxury condominium project in Texas. The for-sale residences are priced from the high $400s to over $4.5 million for penthouses.
work. Brains and Hammers City in LifeCamp Abuja, is a 3,500 housing-unit city it is building for use by mid and high-level residents at affordable prices. Some of the facilities at the ultra-modern Brains and Hammers City will include restaurants, schools, banks, a 5-star hotel, high-end security facilities, jogging tracks, gyms and swimming pools, among many others, the statement said. The officials said the entry of Brains and Hammers into the Lagos real estate market was at a time the state government wanted to close its housing deficit gap. “Responding to pressing demands from satisfied clients who also wanted to acquire property in Lagos, the company entered into partnership with the Lagos State Government which has led to the development of 618 housing units at the Jubilee Estate in Iganmu through a public private partnership model,” the statement said.
Lagos State Commissioner for Lands and Housing, Prince Gbolahan Lawal was quoted to have said the partnership was a relief to the government in the face of scarce financial resources. The government was also glad that the project would provide employment, stating that it had already created 400 direct jobs, and about 3,000 indirect jobs. Prince Lawal said in order to bridge the gap, “about 200,000 housing units must be delivered annually in the next five years.” He emphasised that the “government alone cannot deliver the required units of houses hence the need to inject private capital into the housing delivery. To achieve this purpose, the state government has made land available to prospective private developers who have exhibited technical and financial capabilities for the delivery of affordable housing units.” The project was designed to drive urban redevelopment in the area and result in increased property values.
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BUSINESS/MONEYGUIDE
CBN Injects Additional $210m into Forex Market Nume Ekeghe The Central Bank of Nigeria (CBN) yesterday sustained its intervention in the foreign exchange (forex) market by injecting another sum of $210 million into various segments of the interbank market. At Monday’s trading, the CBN offered the sum of $100,000,000 as wholesale interventions and allocated the sum of $55 million to the small and medium scale enterprises (SMEs) forex window. Customers requiring
forex for Business/Personal Travel Allowances, tuition and medical fees, among others, equally got an allocation of $55 million. The acting Director, Corporate Communications Department, at the Bank, Isaac Okorafor, confirmed the sales, reiterating that the Bank would sustain its interventions in the foreign exchange market. He expressed optimism that the value of the naira will continue to spike in the face of accretion to the foreign reserves
and the attendant reduction in the country’s import bill. While also attributing the stability in the market to the Bank’s transparency and cooperation of authorised dealers, he urged all dealers to continue to play by the rule, as the CBN would not hesitate to sanction any erring bank or dealer. Meanwhile, the naira continued to maintain its stable run against major currencies around the globe, exchanging for N362/$1 on the BDC segment of the market yesterday.
MTN Sees Return to ProďŹ t for 2017 The MTN Group, Africa’s biggest mobile-network operator by sales, said it returned to profit in 2017, recovering from a $1 billion fine it paid for its Nigerian business in the prior period. It expects to report a profit for the 12 months ended December 31, Bloomberg quoted the Johannesburg-based company to have said in a statement yesterday. That compares with a headline loss of R0.77 a share and an attributable loss of R1.44 rand a share a year earlier, it said. The company will give more information once it obtains more certainty on the profit range, it said.
MTN is working its way through a tumultuous period triggered by the Nigerian penalty in October 2015. Originally set at $5.2 billion, the penalty led to the resignation of the CEO and months of negotiations before it was eventually settled. MTN Nigeria is part of the MTN Group, Africa’s leading cellular telecommunications company. On May 16, 2001, MTN became the first GSM network to make a call following the globally lauded Nigerian GSM auction conducted by the Nigerian Communications Commission (NCC) earlier in the year. Thereafter the company
launched full commercial operations beginning with Lagos, Abuja and Port Harcourt. MTN paid $285million for one of four GSM licences in Nigeria in January 2001. To date, in excess of US$1.8 billion has been invested building mobile telecommunications infrastructure in Nigeria. Since launch in August 2001, MTN has steadily deployed its services across Nigeria. It now provides services in 223 cities and towns, more than 10,000 villages and communities and a growing number of highways across the country, spanning the 36 states of the Nigeria and the Federal Capital Territory, Abuja.
NDIC Seeks Collaboration with IoD to Strengthen Corporate Governance The Managing Director/Chief Executive of Nigeria Deposit Insurance Corporation (NDIC), Mr. Umaru Ibrahim has identified the critical role the Institute of Directors (IoD) could play towards addressing the poor corporate governance practices that have posed a significant risk to the safety and stability of the Nigerian banking sector. Ibrahim made the remarks while receiving members of the Governing Council, Institute of Directors Nigeria (IoD) led by its Chairman and IoD President, Alhaji Rufai Ahmed Mohammed, who were on a courtesy visit to the corporation. A statement that was signed by the Head, Communication and Public Affairs, NDIC, Mohammed Kudu Ibrahim, explained that the NDIC boss indicated that the issue of corporate governance was still central to the public discourse in
Nigeria since the 2009 banking crisis when the joint Central Bank of Nigeria (CBN) and NDIC Joint Special Examination of the 24 banks in the system exposed the subject as one of the fundamental flaws of the nation’s banking system. Ibrahim stressed the need for the IoD to step up efforts towards developing a more transparent and rigorous selection system for independent Directors in banks as well as strengthening their capacity through continuous training focused on international best practices, excellence in management and service delivery, environmental sustainability and inclusive growth. He further added that this would not only contribute towards better quality of corporate governance but also build a solid foundation of businesses. Also, he assured the IoD of
the corporation’s readiness to partner with the institute. Ibrahim also advised the institute to collaborate with the CBN, Financial Institutions Training Centre (FITC), the Society for Corporate Governance (SCG), and the Chartered Institute of Bankers (CIBN) in promoting capacity building for Independent Directors especially of banks. He expressed the desire to also collaborate with the Institute towards building capacity of the Corporation’s Management most of who were engaged in bank examination in order to appreciate the dynamics of board performance. Earlier in his remarks, Mohammed said the visit was part of the council’s initiative to promote collaboration and synergy with key institutions through effective interaction and advocacy.
Fidelity Bank Partners Group on Capacity Building for Entrepreneurs Peter Uzoho As part of its vision of supporting entrepreneurs, Fidelity Bank Plc recently went into a partnership with Flame Academy and Consulting Limited for the training of young entrepreneurs from different areas of business. Over 300 young entrepreneurs took part in the maiden edition of Business Entrepreneurship Empowerment and Professionalism (BEEP) conference, a one-day capacity building programme organised by Flame Academy with funding from Fidelity Bank. The conference had the theme: “Developing Professionalism, Improving Business.’
Speaking at the conference, the Managing Director, Fidelity Bank, Mr. Nnamdi Okonkwo, said the bank chose to fund the programme because of its interest and passion in the youth whom he described as the engine of growth of the nation. Represented by the General Manager, Ikeja Region, Fidelity Bank, Mr. Ken Opara, Okonkwo noted that the bank’s DNA is in business and capacity building and supporting the youth to discover their potential and grow. “Fidelity identifies with the youth which is very critical. That’s at the heart of the country, a critical engine of growth. And of course, you know that Fidelity’s DNA is
in business and capacity building, supporting the young and the youth to be able to discover their potentials and grow to the next level,� Okonkwo said. He added: “Today, we have a gathering of young and upcoming entrepreneurs coming to this conference to hear good business ideas, wisdom that will help them to get to the next level. “And so, Fidelity identifies with this because it’s in line with our vision of building the next generation of Nigerian entrepreneurs that have nothing today but will become conglomerates in the next few years. And that is essentially why we are identifying with Flame.�
MARKET INDICATORS MONEY AND CREDIT STATISTICS
(MILLION NAIRA)
AUGUST 2017 Broad Money (M2)
21,851,454.31
-- Narrow Money (M1)
9,890,813.10
---- Currency Outside Banks
1,523,239.91
---- Demand Deposits
8,367,573.19
-- Quasi Money
11,960,641.22
Net Foreign Assets (NFA)
9,732,990.89
Net Domestic Assets(NDA)
12,118,463.42
-- Net Domestic Credit (NDC)
26,821,446.81
---- Credit to Government (Net)
4,824,226.22
---- Memo: Credit to Govt. (Net) less FMA
7,834,536.74
---- Memo: Fed. and Mirror Accounts (FMA)
--3,010,310.52
---- Credit to Private Sector (CPS)
21,997,220.59
--Other Assets Net
--14,702,983.39
Reserve Money (Base Money)
5,486,804.65
--Currency in Circulation
1,868,735.07
--Banks Reserves
3,268,266.17 Ëž Ă™Ă&#x;ĂœĂ?Ă? Ě‹
Money Market Indicators (in Percentage) Month
August 2017
Inter-Bank Call Rate
22.63
Minimum Rediscount Rate (MRR) Monetary Policy Rate (MPR)
14.00
Treasury Bill Rate
13.35
Savings Deposit Rate
4.08
1 Month Deposit Rate
8.86
3 Months Deposit Rate
10.14
6 Months Deposit Rate
11.51
12 Months Deposit Rate
11.40
Prime Lending rate
17.69
Maximum Lending Rate
31.20
Ëž Ă™Ă˜Ă?ĂžĂ‹ĂœĂŁ ÙÖÓĂ?ĂŁ Ă‹ĂžĂ? Ě‹ ͯ͹Ϲ
OPEC DAILY BASKET PRICE AS AT FRIDAY JANUARY 26, 2018
The price of OPEC basket of fourteen crudes stood at $67.94 a barrel on Friday, compared with $68.46 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 SOURCE: OPEC headquarters, Vienna
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T H I S D AY ˾ TUESDAY, JANUARY 30, 2018
MARKET NEWS
US Restates Support for Growth of Nigeria’s Economy Goddy Egene and Nosa Alekhuogie The United States yesterday reaffirmed its commitment to support Nigeria’s economic growth and development through stronger business networks. US Consul General in Lagos, Mr. John Bray, stated this during a courtesy visit and closing gong ceremony at the Nigerian Stock Exchange (NSE) in Lagos.
Bray said that US government and private sector would support Nigeria’s growth and development as it continues to discover new investment avenues. He said that the formalised US-Nigeria Commercial and Investment Dialogue to be led by the Office of the U.S Trade Representative, would help develop stronger business networks between the two
P R I C E S MAIN BOARD
F O R DEALS
countries. Gray said: “There is always confidence in the Nigerian market, we talked about the bilateral commission, national commission between Nigeria and the US, trading investment dialogue and these things are ongoing and I would like to say it is our concern and interest is for the Nigerian economy to grow.
S E C U R I T I E S
MARKET PRICE
QUANTITY TRADED
VALUE TRADED ( N )
I look at some of the UN projections for population growth, Nigeria is projected to be the third most populated country in the world by 2050. And that is more population than the US, without capital investment, economic growth, there won’t be enough jobs for everybody, this is about prosperity and making Nigerians wealthier and about jobs.” He added: “This is a clear
T R A D E D MAIN BOARD
A S
message that the US both the government and the private sector is committed to supporting Nigeria as it continues to find new avenues of economic growth and development because the more Nigeria’s economy grows, the better it is for both Nigerian and American businesses.” Bray commended the management of the NSE for its efforts at meeting the needs of the Nigerian investor community
O F
and playing a pivotal role in Nigeria’s economic growth. “I know that last year was a very successful year as the NSE was ranked amongst the top five performers in 2017. Projections indicate that 2018 will be an equally successful year, for the growth of the NSE means more private capital in the local market for business expansion and new business start-ups,” Bray said.
2 9 / 0 1 / 2 0 1 8 DEALS
MARKET PRICE
QUANTITY TRADED
VALUE TRADED ( N)
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T H I S D AY TUESDAY JANUARY 30, 2018
T H I S D AY TUESDAY JANUARY 30, 2018
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T H I S D AY TUESDAY JANUARY 30, 2018
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35
TUESDAY JANUARY 30, 2018 Ëž T H I S D AY
INTERNATIONAL
email:foreigndesk@thisdaylive.com
North Korea Cancels Joint Performance with South Korea, Blames South Media – Seoul North Korea has canceled a joint cultural performance with South Korea scheduled for Feb. 4 blaming South Korean media for encouraging “insulting� public sentiment regarding the North, Reuters reported South Korea’s unification ministry as saying on Monday. The North said it had no choice but to call off the performance, which was to be held in the North Korean territory of Mount Kumgang, as South Korean media continued to insult what Pyongyang called “sincere� measures regarding the Winter Olympics Seoul will host next month, the ministry said. Early in January, North and South Korea launched rare talks to bring North Koreans to the Pyeongchang Winter Olympics after the North’s leader Kim Jong Un said he was willing to open up discussions with Seoul. The two Koreas had been in discussions regarding final details over the joint performance. They were also talking about a different concert in South Korea by a North Korean orchestra and sending South Korean athletes to train at a North Korean ski resort.
The North added that the agreement on the Mount Kumgang joint performance had come despite conflict with its internal celebrations, the unification ministry said. North Korea has at least two major holidays coming up next month - Kim Jong Il’s birthday and a military founding anniversary. Seoul said North Korea’s decision to cancel the joint performance was “very regrettable� and stressed Pyongyang should uphold all agreements made
between North and South Korea. President Moon Jae-in’s administration has faced criticism for its response to North Korea’s participation in the Games, especially after it decided to form a combined women’s ice hockey team with athletes from the two Koreas for the Winter Olympics. Many South Koreans have complained the unified women’s hockey team the only such joint team to be formed - was unfair
to the South Korean players, going so far as creating over a hundred petitions against the unified team on the presidential Blue House’s website. The controversy has sent South Korean President Moon Jae-in’s overall approval rating below 60 percent for the first time since he took office in May last year, according to a survey released last week by South Korean pollster Realmeter, dropping more than 6 percentage points since the previous week.
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T H I S D AY TUESDAY JANUARY 30, 2018
T H I S D AY TUESDAY JANUARY 30, 2018
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T H I S D AY TUESDAY JANUARY 30, 2018
38
REQUEST FOR EXPRESSIONS OF INTEREST (CONSULTANT SERVICES FIRMS SELECTION) Project No: P161885 Assignment Title: Determination of Revenue Requirement for a New Multi-Year Tariff Period (RESET) for the Eleven Electricity Distribution Companies (DisCos) Reference No.: REA-NEP/C/QCBS/2/18. DATE: January 30,2018 The Federal Government of Nigeria has applied for financing from the International Development Association (IDA) for a Credit towards the cost of Nigeria Electrification Project (NEP) and intends to apply part of the proceeds of this credit to payment under the contract for Determination of Revenue Requirement for a New Multi-Year Tariff Period (RESET) for the Eleven Electricity Distribution Companies (DisCos). The PSRP was approved by the Federal Executive Council (FEC) on March 22nd, 2017. The PSRP is a series of policy actions and operational and financial interventions with the objective of attaining financial viability of the Nigerian Electricity Supply Industry (NESI). The distribution subsector is central to the financial viability of the whole power sector. The financial viability of the generation companies(GenCos), the state-owned national transmission company TCN, and other service providers is tied to operational and financial performance of DisCos. In 2012, a major review of the tariff (MYTO 1) carried out by the Nigerian Electricity Regulatory Commission(NERC)which resulted in MYTO 2 provided a framework for cost-reflective tariffs that mobilized private sector participation in the distribution sector later that year. MYTO 2 was followed by three revisions (MYTO 2.1 in January 2015, MYTO 2.1 (Amended) in April 2015 and MYTO 2015 in February 2016). Several key parameters with significant economic and financial impacts on DisCos have evolved differently from what was envisaged in the period following takeover of DisCos by their private owners. As such, NERC needs to conduct a major review of MYTO 2015 and fully update the values of the parameters defining the conditions for the distribution business for a new multi-year tariff period and assess the Revenue Requirement (RR) for each DisCo. The term “RESET” is being used among stakeholders in Nigeria to describe the process conducted individually for each DisCo ending with NERC's determination of the RR for the DisCo for the following multi-year tariff period. The main components of the RR to be determined through the RESET process are: (i) allowed costs of energy purchases (sales + allowed losses) by the DisCo from the bulk trader, NBET (generation and transmission costs) to be transferred (“passed-through”) into the tariffs charged to its customers and procedures and formulae for periodic adjustment during the tariff period; and (ii) allowed revenues for efficient provision of distribution and retail services by the DisCo (“Distribution Margin”) and procedures and formulae for periodic adjustment during the tariff period. The determination of RR for each DisCo for the tariff period following the RESET must take into consideration the current situation of the distribution segment in Nigeria and factors negatively affecting its performance, such as low metering rates, high non-technical losses, poor collection indexes, inexistence of reliable databases (customers and networks), and dilapidated condition of network infrastructure leading to bad quality in electricity supply. For that purpose, each DisCo will prepare and submit to NERC Performance Improvement Plans (PIPs) for the period focused on addressing those key issues, following specific guidelines to be issued by NERC. Once approved by NERC, the capital expenditures (CAPEX) and operating expenditures (OPEX)
needed to efficiently execute those PIPs will be incorporated to the RR, and added to other allowed OPEX and costs of energy purchases. The objective of this request for expression of interest is to receive applications from qualified consultancy firms interested in providing support to NERC in the implementation of the individual RESET process for each and all DisCos. The RESET process for the whole set of 11 DisCos will be carried out in 2 consecutive phases comprising 6 and 5DisCos respectively by the selected consulting firm. Duration for the consultancy shall be: Phase Phase 1
DisCos’ Locations Abuja; Benin; Eko; Enugu; Ibadan &Ikeja
Timeline Four (4) months
Phase 2
Jos; Kano; Kaduna; Port Harcourt &Yola
Four (4) months
While the RESET process for all DisCos is being implemented, NERC will also conduct a separate detailed “ex-post” review of the performance of the distribution companies in key business areas in the period going from takeover by private owners until the beginning of the RESET. This separate review is termed Forensic Review of Distribution Companies. Rural Electrification Agency (REA) - the Implementation Agency for Nigeria Electrification Project (NEP) now invites eligible consulting firms (“Consultants”) to indicate their interest in providing the consultancy services. The Consultancy will be supervised by the Nigerian Electricity Regulatory Commission (NERC). Interested Consultants (firms may associate) should provide information demonstrating that they have the required qualifications and relevant experience to perform the Services. The shortlisting criteria include: The general experience and overall competence, including managerial and technical capacity, of the firm's relevance to the assignment under consideration; The extent of specific experience in the implementation of tariff reviews (setting of Revenue Requirement) for electricity distribution companies under Performance Based Multi-Year Tariff Regulation, in particular in emerging economies. The attention of interested Consultants is drawn to: Procurement Regulations for IPF Borrowers dated July 2016available on www.worldbank.org. Consultants may associate with other firms in the form of a joint venture or a sub consultancy to enhance their qualifications. A Consultant will be selected in accordance with the Quality & Cost Based Selection (QCBS) method. Further information can be obtained at the address below during office hours i.e. 0800 to 1700 hours. Adamawa Plaza Plot 1099 First Avenue Off Shehu Shagari Way Central business District Abuja, FCT. Aisha.mahmud @nerc.gov.ng. Expressions of interest must be delivered in a written form to the address below (in person, or by mail, or by e-mail) by February 16, 2018. Rural Electrification Agency (REA) Ground floor Attention: Mrs Damilola Ogunbiyi Managing Director (REA) No 22, Freetown Street, Wuse 2, Abuja 900288 NIGERIA Tel: +234, 703 762 8899 E mail: damilola.ogunbiyi@rea.gov.ng. Website: www.rea.gov.ng
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T H I S D AY TUESDAY JANUARY 30, 2018
REQUEST FOR EXPRESSIONS OF INTEREST (CONSULTANT SERVICES FIRMS SELECTION) Project No: P161885 Assignment Title: Determination of Revenue Requirement for a New Multi-Year Tariff Period for the Transmission Company of Nigeria (TCN) Reference No.: REA-NEP/C/CQ/3/18 DATE: January 30, 2018
EXPRESSIONS OF INTEREST The Federal Government of Nigeria has applied for financing from the International Development Association (IDA) for a Credit towards the cost of Nigeria Electrification Project (NEP) and intends to apply part of the proceeds of this credit to payment under the contract for Determination of Revenue Requirement (RR) for a New Multi-Year Tariff Period for the National Electricity Transmission Company TCN The PSRP was approved by the Federal Economic Council on March 23rd, 2017. The PSRP is a series of policy actions and operational and financial interventions with the objective of attaining the sustainable development of the power sector through efficiently performing and financially viable operating companies in all segments of the electricity supply chain. This includes the national electricity transmission company TCN. The objective of this request for expression of interest is to receive applications from qualified consultancy firms interested in providing support to Nigerian Electricity Regulatory Commission (NERC) in the determination of the Revenue Requirement (RR) for a New Multi-Year Tariff Period for TCN to ensure its sustained efficient performance, in line with MYTO methodology and MYTO 2015 Transmission Tariff Order. The total duration of the consultancy shall be one hundred and twenty (120) days Rural Electrification Agency (REA) - the Implementation Agency for Nigeria Electrification Project (NEP) now invites eligible consulting firms (“Consultants”) to indicate their interest in providing the consultancy services. The Consultancy will be supervised by the NERC. Interested Consultants (firms may associate) should provide information demonstrating that they have the required qualifications and relevant experience to perform the Services. The shortlisting criteria include:
The general experience and overall competence, including managerial and technical capacity, of the firm's relevance to the assignment under consideration; The extent of specific experience in the implementation of tariff reviews (setting of Revenue Requirement) for electricity network companies under Performance Based Multi-Year Tariff Regulation, in particular in emerging (non-OECD member) countries The attention of interested Consultants is drawn to: Procurement Regulations for IPF Borrowers dated July 2016available on www.worldbank.org. Consultants may associate with other firms in the form of a joint venture or a sub consultancy to enhance their qualifications. A Consultant will be selected in accordance with the Consultancy Qualification Selection (CQS) method. Further information can be obtained at the address below during office hours i.e. 0800 to 1700 hours. Adamawa Plaza Plot 1099 First Avenue Off Shehu Shagari Way Central business District Abuja, FCT. Aisha.mahmud @nerc.gov.ng. Expressions of interest must be delivered in a written form to the address below (in person, or by mail, or by e-mail) by February 16, 2018. Rural Electrification Agency (REA) Ground floor Attention: Mrs Damilola Ogunbiyi Managing Director (REA) No 22, Freetown Street, Wuse 2, Abuja 900288 NIGERIA Tel: +234, 703 762 8899 E mail: damilola.ogunbiyi@rea.gov.ng. Website: www.rea.gov.ng
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TUESDAY JANUARY 30, 2018 Ëž T H I S D AY
TRIBUTES FOR EKWUEME
The Ekwueme I Knew Atiku Abubakar It is with a great deal of shock and disbelief that I learnt of the sudden transition to eternal glory of Dr. Alex Ifeanyichukwu Ekwueme, a former Vice President of Nigeria and someone who could rightly be said to be one of the great leaders and founders of the democracy we have enjoyed in Nigeria since 1999. In every ramification, Dr. Ekwueme was a great man and one of those who truly loves Nigeria. Between 1998 and 1999, he labored hard mobilizing other patriotic Nigerians to found the largest political party in Nigeria, the Peoples Democratic Party (PDP), which went on to win the 1999 presidential election and ushered in the Chief Olusegun Obasanjo administration with my humble self as the Vice President. It should be noted that the efforts put into national mobilization and party building made it possible for the then military administration in Nigeria to hand over power to a civilian government. This is because the country’s political leadership, under the direction and guidance of late Dr. Ekwueme, late Major-General Shehu Musa Yar ’Adua and others, presented a united and disciplined group that genuinely represented and mirrored the political aspirations and readiness of Nigerians for democratic rule. Though Dr. Ekwueme contested for the presidential ticket of the PDP for the 1999 presidential election and lost, he was never for once a bitter man. It can be said without contradiction, that there are few Nigerian politicians of the mould of late Dr. Ekwueme who play politics without bitterness in a clime such as ours where reckless political deals and betrayals tend to be common. Whenever there were problems in the then ruling party, the PDP until 2015, and there were many instances, it was always to the late Dr. Alex Ekwueme that the PDP and most political leaders in the country reverted to seek solution. And the late Statesman, popularly known as Ide by his admirers following his traditional title, always delivered and ensured that the problems were nipped in the bud.I wish to recall that long before his advent in the PDP, Dr Ekwueme, had played a crucial role in the formation and government of the National Party of Nigeria (NPN) and its success in the democratic process in Nigeria. Dr. Alex Ekwueme is a man that Nigerians, and indeed the world will always remember. He was a very accomplished person and a philosopher of good standing. His pursuit of education and scholarship was legendary and helped in shaping the colossus that he eventually became. He showed these traits at the 1994 National Constitutional
Ekwueme Conference held in Abuja, to fashion a new Constitution for Nigeria in order to prepare the country for a return to civil rule. Ekwueme deeply reflected on the problems of Nigeria and how the country can be made to work for the good of all its citizens by putting in place a convenient political structure. As a result of his great learning and easy grasp of issues as well as his honesty, integrity and reliability, his quarters at the Constitutional Conference venue became a Mecca of sorts. There delegates representing other parts of the country sought his audience and input before they made their presentations. It was at that 1994 Constitutional Conference, where I
was among the delegates representing Adamawa State, that the astute and cerebral Ekwueme proposed the idea of restructuring the country along geo-political lines. The six geo-political zones, which he proposed and was later adopted by all delegates, is currently in use by all Nigerians as a convenient way to easily capture and categorize the 36 States and the FCT, into which Nigeria is divided. Suffice it to say that late Dr. Alex Ekwueme was a man of many parts, the likes of whom are very rare and the type that societies that crave for progress and development, hanker after. He unequivocally can be referred to as one of the best presidents that Nigeria never had, bearing in mind that on about three occasions beginning from 1999, the great Ide sought to govern his beloved country. Dr. Alex Ekwueme is one man who leaves anyone he has met with a good and lasting impression the way he has left a lasting impression and indelible footprints in Nigerian politics and society. He will undoubtedly be sorely missed especially at a time like this when many issues on which he stood and fought, including national integration and a viable and genuine federal structure, remain unresolved. In fact, one way to immortalize this great politician and Statesman would be for all Nigerians to visit, in good faith, the issue of political restructuring and devolution of powers which the great Alex stood for before his sudden death. I believe this will make him turn with joy where he is and bless the country. With his demise at the ripe age of 85, all those who knew him, should be consoled that he lived a good, worthy and productive life in the service of his country. I extend my heartfelt condolences to his beautiful family which he loved very much, the good people of Oko and Anambra State and the fraternity of the Peoples Democratic Party (PDP). As we mourn the passing of this great son of Nigeria, Dr. Alex Ekwueme, just as we mourned some other great Nigerians before him, I pray that the almighty God continues to raise for the country, wise and responsible men and women of vision, honesty and integrity who will take the nation on the right path of progress and development. And may Nigerians also have the good fortune to recognize these quality persons to make good use of them while they are alive. r "CVCBLBS GPSNFS 7JDF 1SFTJEFOU 'FEFSBM 3FQVCMJD PG /JHFSJB QSFTFOUFE UIJT TQFFDI BU UIF &WFOJOH PG 5SJCVUFT JO NFNPSZ PG %S "MFY *GFBOZJDIVLXV &LXVFNF BU UIF *OUFSOBUJPOBM $POGFSFODF $FOUSF "CVKB
Memorable Life of Ekwueme Bola Ahmed Tinubu Dr. Alex Ifeanyichukwu Ekwueme was a man of destiny who exemplified the best of Nigeria. A child of humble beginnings in Oko, Anambra State, through the dint of hard work, love of country and his innate sense of dignity and decorum, Alex Ekwueme became a consummate statesman and visionary. Dr. Ekwueme was blessed by God with a superb and versatile intellect. He earned degrees in such varied disciplines as Architecture, Sociology, Philosophy, History and Law. That he learned and knew so much made him a most rare and skilled individual. That he would devote this wealth of knowledge and learning to the betterment of the people of this nation made him great. He was as outstanding a patriot as any man could be. His sense of humanity was palpable. There was no mean bone is his body. There was no malice in his speech. There was no evil in his deeds. He acted in the best of our traditions but also with a unifying and positive vision for the future. Despite his exemplary skills, Alex Ekwueme moved about with great humility of spirit and singular modesty. He never sang his own praise. But his record of act spoke louder than words. Accompanying his soft-spoken demeanor was a drive to achieve and a belief in personal and national excellence. Thus, this renaissance man broke ground by becoming the first architect in the country and by establishing the first indigenous architectural firm in Nigeria. His skill can still be witnessed in much of the architectural landscapes of this country.
Dr. Ekwueme had made his mark in the social and educational development in this nation long before he became the Vice President of Nigeria in 1979. He started an Educational Trust Fund responsible for sponsoring the education of many youths to universities in Nigeria and abroad. At the national level, Dr. Ekwueme was a member of the housing sub-committee of the Adebo Salaries and Wages Review Commission. Yet it was on the national stage that he made his greatest contribution and the example he set would have a profoundly salutary effect on many aspiring public servants including me. Because of his outstanding personality traits and his broad expertise, he was nominated as the running mate for Alhaji Shehu Shagari in the 1979 presidential election. As vice president, he showed himself to be an invaluable asset in governance o f t h e natio n. He w as lo yal to his boss and most importantly was ever faithful to the nation. He was genuinely concerned about bringing about a better Ni g e r ia. His time and e ne rgy w e re g e a re d to w ards natio nalis tic is s ue s . H e w as alw ays at the fo re fro nt o f efforts to resolve problems. His deep intellectual interventions often helped the country navigate through critical p e r i o ds and tro ub le d time s . Those of us who cherish democracy and those of us who celebrate the end of military rule in Nigeria must never fo rg e t that it w as this s o ft-s p o ke n m a n w ho mo b ilis e d the gro up o f 34 eminent Nigerians that would put at risk their very lives and livelihoods to confront the oppressive Abacha dictatorship.
The G.34 would later form the basis of the Peoples Democratic Party and Dr. Ekwueme was the founding Chairman of that party. I do not intend to delve into partisanship on this occasion but suffice it to say that had Dr. Ekwueme been allowed to play his proper and rightful role in the party he helped create, Nigeria would be a better place. I have always admired Dr. Ekwueme even though our political paths diverged. I became close to him when I was Lagos State governor. In 2002, I helped put together a 70th birthday celebration for him. Chief Ekwueme was a son of Lagos in many ways. He attended Kings College, Lagos. He lived in Lagos. Also, his architectural business flourished more in Lagos. As he was the pride of the people of Anambra, he was also our pride. He helped make Lagos a better place and his success in Lagos helped demonstrate that Lagos was a welcoming home to all Nigerians who wanted to achieve and contribute to our collective progress and purpose. One of the most memorable honours ever given me occurred in 2006 when I was conferred with the chieftaincy title of Eze Obalu-Dike Egwu, meaning the king who terrified the giant. This was done by his younger brother, Igwe (Prof.) Laz Ekwueme, the traditional ruler of Oko, and I believe it was done due to my close relationship with Dr. Ekwueme. Here I must say I learned so much from Dr. Ekwueme. He was a fount of wisdom and I am still learning. At 85, the late Chief Ekwueme lived well. He was the finest of gentlemen and a loving family man. He served Nigeria
so much better than it served him yet he never grumbled or complained. He was always willing to set at risk life and limb for a greater cause and a higher purpose. In a telling interview he granted to a leading Hausa newspaper, Rariya, he said: “My vision for Nigeria is that Nigeria should become a nation rather than a country. Ghana is a nation. The type of massacre of people from certain groups that takes place from time to time in Nigeria won’t happen in Ghana. You will not see people from Ashanti descending on the Fantis and the Ga and others and killing them as if they are not citizens of the same country. And when you talk to a Ghanaian, without being told you will see that he is talking as a Ghanaian but when you talk to a Nigerian, by and large it will not show that they are Nigerians first and foremost�. Dr. Ekwueme is no longer here to make his dream become our reality. We believe God has taken His son to a better home for a life well lived and a job well done. But the example and wisdom of Dr. Ekwueme belongs to all of us. We serve his memory well and serve our nation even better if we follow his example and make use of his wisdom. Dr. Ekwueme was a man for Nigeria and all Nigerians. He was what we all should strive to be. This man personified a better nation. May his good soul find eternal peace and rest well in the bosom of the Lord. I pray that God grant his family strength and grace at this time and that He grant our nation too good sense to never forget this man and what he represented. r 5JOVCV JT B GPSNFS (PWFSOPS PG -BHPT 4UBUF
TUESDAY JANUARY 30, 2018 ˾ T H I S D AY
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NCC to Revoke, Suspend Licences of Telcos Next Week over Call Masking Emma Okonji Having identified six telecoms operators that are involved in call masking and refilling, the Nigerian Communications Commission (NCC) is considering outright revocation or suspension of the licences of those involved by next week based on their responses in defence of their action. THISDAY reported last week that NCC had concluded its independent investigation on six telecoms companies involved in call masking and refilling and wrote them to defend themselves before imposing the necessary sanction on them. NCC’s investigation showed that the six operators were in connivance with international callers to operate masked calls in Nigeria. An insider source from NCC, however told THISDAY that the commission would impose the maximum possible penalties on any of its licensees implicated in the practice of masking of international telephone calls. According to the source, “As such, it is likely that the operating licenses of some of the interconnect exchange and other licensees involved in the practice would either be revoked or suspended in the coming week.” The source said NCC frowned at their involvement because their action poses national security risk and threat to the Nigerian economy, and described the act as an offence punishable by law. In technical parlance, call masking and refilling is an attempt by callers to hide their true numbers when making calls, especially international calls, which are not charged, because the caller’s identity is completely hidden on the network. It was gathered that the
commission and senior operatives from the nation’s security services met with representatives of the said licensees at the commission’s Abuja offices last Wednesday to confront them with some of the evidence at the disposal of the commission and to give them yet another opportunity to defend themselves. In accordance with the provisions of the Nigerian Communications Act and its subsidiary regulations, the implicated licensees have been given till January 31 to show cause why the commission should not either revoke or suspend their operating licenses in view of evidence of their involvement now at the disposal of the commission and the security agencies. “Based on the critical impacts of this nefarious practice on national security and consumer experience, the commission is determined to decisively deal with any of its licensees implicated in the scam. We do not want to expose the country to any further embarrassment. At the very least, serious sanctions would be imposed on them if it is found that their involvement does not justify suspension or revocation of their licenses” said an official of the commission familiar with the matter. The source further disclosed that the commission has taken the pains to very strictly follow the provisions of the applicable laws so that no one can claim to be unfairly treated, given the severity of the sanctions the commission is planning to impose. Meanwhile, customer experience data monitored by the commission indicates that there has been a noticeable reduction in the volume of masked calls being received
Conflicting Accounts Trail Alleged Assault on Senator Olujimi at N’Assembly Damilola Oyedele in Abuja There are conflicting accounts as to the alleged assault on Senator Abiodun Olujimi yesterday at the premises of the National Assembly by a sergeant at arms official (security). This followed fisticuffs involving Olujimi’s orderly and the sergeant at arms whose name was given as Kingsley, in one of the elevators at the office complex for senators, while she was on her way to attend an investigative hearing on petroleum subsidy payments. Kingsley is attached to the Parliamentary Staff Association of Nigeria (PASAN), which is preparing for strike as provost. Olujimi reportedly entered the lift in company of her armed orderly and some of her aides when some verbal exchanges led to fisticuffs. One account has it that Olujimi expressed displeasure that Kingsley entered the lift with her, since it was labeled: ‘Senators Only’. Kingsley responded with angry words, prompting Olujimi to instruct her orderly to slap him. The orderly allegedly carried out the instruction, and Kingsley retaliated. Another account has it that Olujimi entered the lift and was shielded by her orderly and aides as the lift was crowded with about eight persons.
Kingsley was alleged to be muttering on why some senators “behave like god” and do not want others to use the lift, when Olujimi asked him why he was complaining when he was already in the lift. He pointed his fingers at her and verbally insulted her. This, it was gathered, made the orderly to try to stop him. In the fisticuffs that ensued, Kingsley allegedly slapped the lawmaker, and was joined by some others in the elevator to beat up the orderly, in a fight which spilled outside the elevator when it was stopped. THISDAY gathered that Olujimi reported the matter to the Senate Leader, Senator Ahmed Lawan, who invited the Divisional Police Officer (DPO) attached to the N’Assembly to investigate the incident. Olujimi, however, declined to write a statement following entreaties from some members of PASAN, as doing so might result in the police charging him to court for assault. Speaking briefly with journalists, she however said she would take up the matter with the N’Assembly security. Speaking with THISDAY in a telephone chat, Olujimi’s media aide, Mr. Victor Inedu, said his principal never instructed her orderly to slap Kingsley.
by subscribers. This is reflective of the very aggressive measures the commission is taking to deal with the menace. “Nonetheless, we are not taking anything for granted.
We will continue to aggressively monitor all our licensees regardless of their size or the scope of their operations. Anyone found wanting would be strictly dealt with in
accordance with law,” the NCC official said. The licensees involved include Medallion Communications Limited, Interconnect Cleaning
House Nigeria Limited, Niconnx Communication Limited, Breeze Micro Limited, Solid Interconnectivity and Exchange Telecommunications Limited.
ALL FOR EKWUEME
L-R: Former Anambra State Governor, Mr. Peter Obi; Minister of Agriculture and Rural Development, Chief Audu Ogbeh; and former Minister of Health, Prof. ABC Nwosu, during the arrival of the remains of the late former Vice President, Dr. Alex Ekwueme, at the Nnamdi Azikiwe International Airport in Abuja.....yesterday.
Minister: Obasanjo Enjoys Sensationalism, Abacha Sent Him to Gulag to Avert His Antics Omololu Ogunmade in Abuja The Minister of Communications, Adebayo Shittu, yesterday in Abuja dared former President Olusegun Obasanjo on his 13-page statement asking President Muhammadu Buhari to forget a re-election in 2019 over perceived failure, describing the former president as a man who enjoys sensationalism. Shittu, who dared to tread where even Buhari trod with caution by responding to Obasanjo’s criticism of his administration with a sense of maturity, threw caution to the wind, accusing the former president of cultivating the habit of criticising every government in the past three decades except his own. According to the minister who addressed journalists in the State House, only the late former draconian Head of State, Gen. Sani Abacha, foiled Obasanjo’s imminent criticism by him and swiftly sent him to prison. He said even though Obasanjo was entitled to his own opinion, he had no right to decide who contests election or not in the All Progressives Congress (APC), emphasising that such a suggestion was beyond him. Shittu who was stopped by the Secretary to the Government of the Federation (SGF), Boss Mustapha,
from distributing Buhari’s re-election campaign fez caps during last week’s Federal Executive Council (FEC) meeting, stopped short of describing Obasanjo as ill-educated” saying “Let’s talk like people who are educated.’ Shittu said: “Obasanjo as a Nigerian has the right to hold an opinion. If Obasanjo holds an opinion that the president has performed less than it should be, those of us who are in the position to know better have a right to also state the other side which perhaps Obasanjo is ignorant of. “You see, there are some people who enjoy engaging in sensationalism. With due respect to Obasanjo, if you take his history over the last 30 years, there is hardly any regime other than his own that he did not criticise except Sani Abacha, who didn’t wait for Obasanjo to criticise him before he was sent to the gulag. “So many Nigerians know that Obasanjo enjoys this type of sensationalisation. In any case, no matter what impression you have of me, do you have a right to tell me not to contest an election? I mean we should talk like people who are educated, who know our left from the right. “There are procedures for elections. President Buhari is a
member of the APC and the APC has its rules and regulations as to how candidates will emerge. If members of the party feel that the president has not performed well it is for them to show that during the primary election. It is not for anybody to shortchange Nigerians and prevent people from offering themselves for an election. “In any case, since Obasanjo is no more a member of our party, with due respect to him, it doesn’t lie in his mouth to tell us who among our party members or leaders to contest or not to contest. I think Nigerians should concede this privilege to the members of APC to decide the fate of the president when the next round of primaries come.” Questioned if his persistent campaign for Buhari’s re-election was not a violation of Section 90 of the 1999 Constitution (as amended) which prohibits any form of campaigns earlier than 90 days to the general election, Shittu who is also a lawyer, boasted that distributing campaign materials and mobilising for expression of interest were not synonymous with campaigning. He also said the recent opening of South-west Zonal Office of the Muhammadu Buhari/Osinbajo Dynamic Support Group was not a campaign rather its a preparation
for forthcoming campaigns. “It is true that the constitution and the electoral law states campaigns start 90 days before elections, but there is no law stopping announcing intentions. There is a difference between campaigns and intentions.“ This organisation has been in existence for more than six years. So, if it did not have a presence in the South-west, and now because they appointed me as Chairman of Board of Trustees (BoT) and I feel that as a serious minded person, we need to have a presence in the South-west in preparation for the campaigns, I don’t see what is wrong with that. “What is more important is that it also afforded us an opportunity to launch a booklet titled: ‘acompilation of the achievements of the Buhari administration’, so that Nigerians will have verifiable facts in hard copy in their hands. “So, I plead not guilty to the issue of starting campaign before time. The best thing we could say is that it has been a pronouncement of intention. The man himself has not declared but we are saying we will persuade him to declare his intention at the appropriate time and we are going to support him,” he said.
Kwankwaso Bows to Pressure, Cancels Kano Rally Former Kano State Governor, Senator Rabiu Kwankwaso, has shelved his visit to the state, The Cable has learnt The police had advised him to postpone the visit in order to avoid an outbreak of violence between his supporters and loyalists of Governor Abdullahi Ganduje, his successor in office. Both Kwankwaso and Ganduje had fixed their rallies for today.
After the police advice, Kwankwaso had vowed to go ahead with his trip. But speaking through Rabi’u Sulaiman Bichi, a former Secretary to the State Government (SSG), yesterday, Kwankwaso announced the cancellation, saying it followed a series of consultations. “This standoff has attracted the attention of well-meaning Nigerians at home and abroad who have
called to give advice that mostly borders on the preservation of lives and property of our supporters and admirers. “In view of the above and after lengthy consultations with wellmeaning Nigerians, we painfully have decided to shelve the visit at the moment,” he said Bichi thanked all those leaders who advised and showed concern, supporters and admirers who
put in a lot of time, energy and resources to make the visit successful. “It is important to state that Kwankwaso’s visit will never be a reason to deliberately inconvenience any citizen, small or big, let alone spill a drop of blood of any citizen, “We, therefore, appeal for peace, calm and call on our supporters to disregard any provocative statement,” he said.
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NNPC: FG Owes Us N170.6bn Subsidy Payments Saraki charges c’ttee to determine national daily consumption Damilola Oyedele in Abuja The Nigerian National Petroleum Corporation (NNPC) said yesterday that it was being owed N170.6 billion paid to marketers as subsidy between 2006 and 2015. The claim came as Senate President Bukola Saraki charged the Senate Committee on Petroleum (Downstream) to investigate and determine the actual litres of Premium Motor Spirit (PMS) consumed nationwide on a daily basis. The figure of N170.6 billion was revealed by the NNPC Group Managing Director, Mr. Maikanti Baru, at the hearing by the committee into N5 trillion subsidy payments between 2006 and 2015. “NNPC is going to address essentially what it has incurred in terms of subsidy payments between 2006 and 2015, and what was paid to it under the scheme. We have it on record that NNPC incurred N5.1214 trillion as subsidy, approved by the regulatory agency, PPPRA, and it has only paid N4.9508 trillion. It is still being owed by the federation N170.6 billion,” Baru said. Speaking further on the payments, the Chief Finance Officer (CFO) of the NNPC, Mr. Isiaka Abdulrazak, said all subsidy claims and entitlements for the corporation were meticulously verified and approved by PPPRA with relevant certificates issued. The subsidy approved for NNPC was backed out of Domestic Crude Cost payable to the Federation Account Allocation Committee,
Abdulrazak said. “In summary, NNPC submits that the amount of N5.1 trillion was duly approved by PPPRA as subsidy claims for the corporation. Out of this sum, NNPC is still owed N170.6 billion. Consequently, NNPC seeks the understanding of the distinguished members of the committee on the peculiarity of its operations and its role as a supplier of last resort in the downstream sector of the economy,” the CFO added. Saraki, speaking earlier when he declared the hearing open, said the fuel subsidy scheme was designed to reduce the burden on the poor but had become the cash cow of a few who continued to milk the country dry in trillions under an opaque process. Represented by the Senate Leader, Senator Ahmed Lawan, he added that the recent report of the committee showed that despite the stoppage of the fuel subsidy regime, payments continued to be paid illegally and without appropriation to a few quietly in order to dodge scrutiny and avoid exposure. “The mere fact that we are here again today to discuss this issue shows that those who benefit from this grand deception are not willing to let loose and government has not done what we need to do to nip this problem in the bud,” Saraki said. He, however, gave the assurance that the eighth Senate would expose those involved in corruption in the system, no matter their societal
Suspected Herdsman Stabs Driver to Death James Sowole in Akure The police in Ondo State have launched a manhunt for a Fulani man who is suspected to be a herdsman for allegedly stabbing a driver, Victor Ajisafe, to death in Akure, Ondo State capital. The state Police Public Relations Officer (PPRO), Mr. Femi Joseph, disclosed this to journalists in Akure. THISDAY learnt that the incident happened last Sunday at a motor park located at Roadblock area of Akure. Joseph said the police have arrested one Usman Olaniyi who was identified to be a friend to the killer of the driver. He said Olaniyi, who was said to have incited the Fulani man before he stabbed the drive to death, would be charged to court. The wife of the deceased, Mrs Oluwatoyin Ajisafe, said nobody could ascertain why her husband was gruesomely murdered by the unknown Fulani man. According to the woman, Ajisafe, who was in his early 30s and hailed from Ondo West Local Government Area of the state, was a prominent member of the National Union of Road Transport Workers (NURTW) working in Ibadan Park, at Road Block Area of Akure. Mrs Ajisafe said she did not know what led to the misunderstanding between her husband and his killer but she was called by her brother-in-law, Dapo, who told her that the deceased had been rushed to the state Specialist Hospital, Akure. “It was my husband’s brother that called that one Fulani stabbed
my husband in the neck and was rushed to the hospital. When I got there, my in-laws and friends did not allow me to see him despite all my efforts. “They later took me back home in their car under the guise that we should be looking for money to take proper care of him. It was when they took me to my mother’s shop at Road Block that they then broke the news that he is dead,” she said. Narrating what led to the incident, an anonymous source said it was Olaniyi (the killer’s friend) that told the killer in his native language that Ajisafe was abusing him and this annoyed the Fulani man who drew his sword from the sheath. “He started pursuing him around the Ibadan motor park and when he caught up with him, without hesitating, he stabbed him viciously on the neck.” The source, who added that the killer is a herdsman, said Olaniyi was among those who rescued late Ajisafe and rushed him to the hospital, where he finally gave up the ghost. The deceased family, especially his wife, Oluwatoyin, and the mother urged the state government and security agencies to ensure that the killer of their husband and child is apprehended and prosecuted accordingly. “We appeal to the government and the police to quickly arrest the Fulani man who killed our son and husband in his prime. He must face the dire consequences of his actions so that we can also get justice too,” they said.
standing. According to him: “Other questions this committee must seek answers to are: What is the actual quantity of fuel the Nigerian market consumes? What are the underlining reasons why the market is struggling to operate without
government intervention, in other words, why the reoccurring scarcity? Third and equally crucial is the process and all those involved in signing out unbudgeted funds outside the budget passed by the National Assembly.” Saraki said the recently passed
Petroleum Industry Governance Bill, when signed into law, had the potential of eliminating the present distortions in the system and sanitise the governance of the oil and gas industry of corruption and the rot in the system. “It will introduce the market
competition that would bring efficiency to the system. It is our hope that this will set the tone for the necessary institutional reform required to clean this all important industry of opacity and maladministration,” the Senate president said.
UNITED IN GRIEF
Vice President, Prof. Yemi Osinbajo (right), being welcomed by the Speaker, House of Representatives, Hon. Yakubu Dogara (left), while Senate President, Dr. Bukola Saraki, looks on, during the Parade of Honour for the late former Vice President, Dr. Alex Ekwueme, at the Presidential Wing of the Nnamdi Azikiwe International Airport, Abuja... yesterday
Medview Suspends Dubai Operations Chinedu Eze Major Nigerian carrier, Medview Airline, has announced the suspension of its Lagos to Dubai operation via Abuja till March 24, 2018. The airline explained that it took the decision because there was no ready aircraft to service the route until the given date. It said it would use the opportunity to sort things out with its lessor, Euro Atlantic, which has been its partner since the past 12 years.
The Managing Director of the airline, Alhaji Muneer Bankole, told journalists at a media briefing in Lagos yesterday that Medview had resolved its issues with its LagosLondon operation and has continued to airlift passengers as scheduled. “While we want to leave the past behind us, it is imperative to say we have issues with our European partners overaircraftweleasedfromthem.From all indications, this aircraft has not been able to meet our requirements in providing the necessary capacity. The UK Civil Aviation Authority has been supportive when it dawned
on them the issue had to do with aircraft,” Bankole said. He said in reaction to this development, the airline has taken some measures on its Lagos-London route, “which will now be serviced by an alternative aircraft currently in operation. “We will also maintain three weekly flights. We have shut down Dubai operation till March when our aircraft Boeing B767-300 ER Christened “Abeke” returns from complete refurbishment in the UK. Passengers who have booked with us will be flown
to their destinations via interline arrangements,” Bankole said. The Medview Managing Director said that the airline would continue to to maintain its Jeddah schedule every Thursday from Lagos via Kano until the issue of biometric, which is now required by Saudi Arabia embassy is resolved. On its West Coast operation, Bankole said: “We are currently operating on Tuesdays and Saturdays to Anglophone countries, and yesterday and Friday we operate to Francophone countries,” Bankole added.
Admission: Over 600,000 Students in Limbo as JAMB Insists on Eligibility Senator Iroegbu in Abuja Information have emerged that about 50 per cent of the 1.2 million candidates that met the Joint Board Matriculation Board (JAMB) cut-off mark have been given admission to their various university of choice with the remaining 50 per cent still unsure of their status. The implications are that about 600,000 prospective university students are currently frustrated and unable to access their admission after being offered one by their respective institutions of choice. THISDAY findings revealed that both the affected schools and candidates are blaming JAMB for the stalemate in the admission processes. According to some of the university officials who spoke on the condition of anonymity, “The JAMB action to appropriate admission processes is frustrating to both the students and the schools. “Do you know that most of
the students are yet to access their admission in the JAMB portal?” They alleged that the newly introduced Central Admissions Processing System (CAPS) by the Board has stalled admission of many students “who can’t access the portal, leaving them stranded with deadline for admission having elapsed last week.” But while speaking to THISDAY, Head of Media and Public Relations for JAMB, Dr. Fabian Benjamin, debunked such claims, saying they are misleading and borne out of ignorance of the admission processes. Benjamin clarified that while they helped to facilitate examinations for candidates and ensured that standards were applied across board, it is actually the universities that propose admissions to candidates who must have passed both the JAMB and Post-UTME. He said: “A candidate writes JAMB and if he meets the cut-off mark and sent to their university
of choice, the institutions conduct the post-UTME and the admission officer computes the results and forwards the successful candidates to the Vice Chancellor who in turn proposes these candidates for admission. “The JAMB will now screen these candidates to ensure they have the standard criteria and are qualified for admission. So we will approve depending on whether the candidates are eligible, and all they need to do is accept their admission at the portal which is accessible contrary to what you heard. “Some institutions have unloaded but the heads of such institutions have not approved. It’s not from our end. The CAPS is managed by us but institutions and JAMB interface on it.” On CAPS, Benjamin said the system was created to facilitate a central admission process to ensure uniformity and enforce standard. He stressed that most of the candidates complaining about
the situation did not care to find out if they meet the eligibility requirements like the possession of the necessary O’Levels, A’Levels among others. Benjamin noted that based on eligibility criteria, over 80 percent of the candidates have processed their admission. According to him, “About 1.7 million candidates sat for the last JAMB out of which 1.2 million passed with 600,000 (which is 50 percent) eligible for admission. I can tell you that out of that number, we have successfully processed the eligible candidates with 80 per cent accepting their admission at the portal so far.” The JAMB Registrar, Prof. Ish’aq Oloyede, had in September 2007 at the training and sensitisation Forum CAPS in Abuja, estimated that about 50 per cent of admission in the country’s tertiary institutions prior to 2016 were done through illegitimate means, promising to put a stop to it post-2016.
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ICRC, Bi-Courtney, NSWIA Suggest Measures to Fund LagosIbadan Expressway Only the private sector can successfully fund and complete the abandoned Lagos-Ibadan expressway, the acting DirectorGeneral, Infrastructure Concession Regulatory Commission (ICRC), Mr. Chidi Izuwah, the Managing Director, Nigeria Sovereign Wealth Investment Authority (NSWIA), Mr. Uche Orji, and the Legal Counsel to Bi-Courtney Highways Services Limited (BHSL), Mr. Tola Oshobi (SAN), have said. According to the trio, Public Private Partnership (PPP) is the only solution to funding the problematic expressway project abandoned since last year by Julius Berger Plc and RCC Limited due to paucity of funds and five years after the federal government cancelled the concession it awarded to Bi-Courtney to fix the road.
The position of the trio, who spoke in Abuja, defers from that of the Minister of Power, Works and Housing, Mr. Babatunde Fashola, who said last Tuesday at the public hearing of the House of Representatives that adequate funding by the federal government remained the most viable option for the reconstruction of the road. While Izuwah and Orji noted that the termination of the original concession of the road to Bi-Courtney was a bad decision, as it was bound to erode investor confidence and discourage other investors and financiers, especially foreigners from investing in the project, Oshobi stated that based on the representation of the federal government, Bi-Courtney expended huge amount of money to hire the best international consultants
acceptable to international lenders, investors and multilateral financial agencies to execute all the front end works and consulting services, which in a typical PPP, ought to have been undertaken and funded by the federal government. They stated that all efforts should have been made to engage with the concessionaire to ensure that the arrangement succeeded, adding that the ICRC had warned against the termination at the time but its advice was ignored. According to Oshobi, “These (front end works and consulting services) included traffic count and analysis, environmental and social impact assessment, the road design and financial modeling. It was after all these had been done and submitted to the ministry that the federal
government precipitately purported to terminate the concession. Bi-Courtney was legitimately aggrieved and this informed its decision to approach the court to challenge the termination and the attempts to re-award the concession to another company, Motorways Assets Limited.” Lamenting the state of the abandoned road, Oshobi stated that “Bi-Courtney’s design provided for five and four lanes on each side of the road, for the busiest sections, as opposed to the three lanes all through designed by the federal government for Julius Berger and RCC, adding that the cost of completing the road based on Bi-Courtney’s more elaborated design, which included eight interchanges and other wrap-around facilities, as
against one interchange in the federal government’s design was N120 billion.” He said the federal government’s initial cost projection for the road was N167 billion and that during the President Goodluck Jonathan administration, without any advertisement or public invitation for bids and without complying with the Public Procurement Act and the ICRC Act, the government offered Motorways Assets Limited a concession on very generous terms. Izuwah pointed out that if the country’s entire annual budget was dedicated to infrastructure without any recurrent spending, it would still not be sufficient to meet the requirements and that the only means by which the funding gap could be met was by releasing and attracting private
capital through PPPs. Orji, on his part, stated that Nigeria required $35billion yearly over the next six to seven years to breach its infrastructure deficit. “The annual sum required already exceeds Nigeria’s entire annual budget and this need can only be met through PPPs,” he added. According to him, the country urgently needs to execute a successful PPP road project to serve as a template for other projects and to advertise Nigeria as a viable investment and PPP destination. He said the Lagos-Ibadan expressway remained the most viable road for a PPP, which could serve as a model for others and as a showcase to the world of the viability of PPPs in Nigeria.
AGRICULTURAL RESEARCH COUNCIL OF NIGERIA AGRICULTURAL RESEARCH HOUSE PLOT 223D CADASTRAL ZONE B6 MABUSHI ABUJA
REQUEST FOR EXPRESSION OF INTEREST (EOI) FOR CONSULTANCY SERVICES FOR THE IMPLEMENTATION OF 2017 ZONAL INTERVENTION/CONSTITUENCY PROJECTS INTRODUCTION
Ύ ǀŝĚĞŶĐĞ ŽĨ ƌĞŐŝƐƚƌĂƟŽŶ ǁŝƚŚ WW ;ǀĂůŝĚ /ZZ Žƌ ĐĞƌƟĮĐĂƚĞͿ
The Agricultural Research Council of Nigeria wishes to invite competent consultants to provide consultancy services for the ŝŵƉůĞŵĞŶƚĂƟŽŶ ŽĨ ŝƚ ϮϬϭϳ njŽŶĂů ŝŶƚĞƌǀĞŶƟŽŶͬĐŽŶƐƟƚƵĞŶĐLJ project.
Ύ ƐǁŽƌŶ ĂĸĚĂǀŝƚ ĚŝƐĐůŽƐŝŶŐ ǁŚĞƚŚĞƌ Žƌ ŶŽƚ ĂŶLJ ŽĸĐĞƌ ŽĨ ƚŚĞ Agricultural Research Council of Nigeria or Bureau of Public Procurement is a former or present director, shareholder or ŚĂƐ ĂŶLJ ƉĞĐƵŶŝĂƌLJ ŝŶƚĞƌĞƐƚ ŝŶ ƚŚĞ ďŝĚĚĞƌ ĂŶĚ ĐŽŶĮƌŵ ƚŚĂƚ Ăůů ŝŶĨŽƌŵĂƟŽŶ ƉƌĞƐĞŶƚĞĚ ŝŶ ŝƚƐ ďŝĚ ĂƌĞ ƚƌƵĞ ĂŶĚ ĐŽƌƌĞĐƚ ŝŶ Ăůů ƉĂƌƟĐƵůĂƌƐ
Interested consultants are to submit their expression of interest (EOI) ƚŽ ƚŚĞ ŽƵŶĐŝů ďĞƚǁĞĞŶ ϯϬƚŚ :ĂŶƵĂƌLJ ϮϬϭϴ ƚŽ ϭϯƚŚ &ĞďƌƵĂƌLJ ϮϬϭϴ͘ * CONSULTANCY LOT 1 TRAINING AND EXHIBITION IN BRASS, NEMBE AND ODGBIA LOCAL GOVERNMENTS, BAYELSA EAST SENATORIAL DISTRICT, BAYELSA STATE LOT 2 CROP CULTIVATION IN BRASS, NEMBE AND ODGBIA LOCAL GOVERNMENTS, BAYELSA EAST SENATORIAL DISTRICT, BAYELSA STATE LOT 3 ANIMAL HUSBANDRY IN BRASS, NEMBE AND ODGBIA LOCAL GOVERNMENTS, BAYELSA EAST SENATORIAL DISTRICT, BAYELSA STATE LOT 4 PROCESSING AND VALUE ADDITION IN BRASS, NEMBE AND ODGBIA LOCAL GOVERNMENTS, BAYELSA EAST SENATORIAL DISTRICT, BAYELSA STATE ELIGIBILITY REQUIREMENTS:
A. OTHER PREQUALIFICATION REQUIREMENTS Ύ ŽŵƉĂŶLJ ϯ LJĞĂƌƐ ƵĚŝƚĞĚ ĐĐŽƵŶƚ ϮϬϭϱ͕ϮϬϭϲ͕ϮϬϭϳ ;^ƚĂƚĞŵĞŶƚ ŽĨ ĂīĂŝƌƐ ƐƵĸĐĞͿ Ύ hƉ ƚŽ ĚĂƚĞ ĮůůŝŶŐ ŽĨ ƌĞƚƵƌŶƐ Ύ sĂůƵĞ ĚĚĞĚ dĂdž ZĞŐŝƐƚƌĂƟŽŶ ĞƌƟĮĐĂƚĞ Ύ ŽŵƉĂŶLJ ƉƌŽĮůĞ ŝŶĐůƵĚŝŶŐ ĚĞƚĂŝůƐ ŽĨ ŬĞLJ ƐƚĂī ĂŶĚ ƚŚĞŝƌ ƋƵĂůŝĮĐĂƟŽŶ͕ ĂĐƟǀĞ ĞͲŵĂŝů ĂĚĚƌĞƐƐ͕ ĂĐƟǀĞ ĚĂLJƟŵĞ ƉŚŽŶĞ ŶƵŵďĞƌ͘ ůů s͛Ɛ ŵƵƐƚ ďĞ ƐŝŐŶĞĚ ďLJ ƚŚĞ ƐƚĂī ;ŽǁŶĞƌͿ͘ Ύ >ĞƩĞƌ ŽĨ ƌĞĨĞƌĞŶĐĞͬŐƵĂƌĂŶƚĞĞ ĨƌŽŵ ďĂŶŬĞƌƐ͛ clearly ƐƚĂƟŶŐ ĐŽŵƉĂŶLJ͛Ɛ ĮŶĂŶĐŝĂů ĐĂƉĂďŝůŝƚLJ ƚŽ ƵŶĚĞƌƚĂŬĞ ĐŽŶƚƌĂĐƚƐ ĂŶĚͬŽƌ ǁŝůůŝŶŐŶĞƐƐ ŽĨ ƚŚĞ ďĂŶŬ ƚŽ ĮŶĂŶĐĞ ƚŚĞ ĐŽŶƚƌĂĐƚ͘ Ύ ǀŝĚĞŶĐĞ ŽĨ ŝŶǀŽůǀĞŵĞŶƚͬĞdžƉĞƌŝĞŶĐĞ ŝŶ ƐŝŵŝůĂƌ ĐŽŶƚƌĂĐƚƐ ŝŶ ƚŚĞ ůĂƐƚ ϱ LJĞĂƌƐ ƐŚŽǁŝŶŐ ĞǀŝĚĞŶĐĞ ŽĨ ĂǁĂƌĚ ĂŶĚ ĐŽŵƉůĞƟŽŶ ŽĨ ĐŽŶƚƌĂĐƚ͘ tŚĞƌĞ ƚŚĞ ĐŽŶƚƌĂĐƚ ŝƐ ƐƟůů ŽŶŐŽŝŶŐ ĂƩĂĐŚ ĐŽƉLJ ŽĨ ŵŽƐƚ ƌĞĐĞŶƚ ĐĞƌƟĮĐĂƚĞ ŽĨ ǀĂůƵĂƟŽŶ ŽĨ ǁŽƌŬ͘
/ŶƚĞƌĞƐƚĞĚ ŽŶƐƵůƟŶŐ &ŝƌŵƐͬ/ŶĚŝǀŝĚƵĂů ŽŶƐƵůƚĂŶƚ ǁŝƐŚŝŶŐ ƚŽ ĐĂƌƌLJ out the projects listed above are required to submit the following * Evidence of membership of relevant professional bodies ( documents in their Technical Bids, which will be subjected to Consultancy) ĐĞƌƟĮĐĂƟŽŶ ĂŶĚ ĚƵĞ ĚŝůŝŐĞŶĐĞ ďLJ ƚŚĞ ŽƵŶĐŝů͗ * SUBMISSION OF TENDER DOCUMENTS ELIGIBILITY CRITERIA * The Completed Expression of Interest (EOI) Documents are to Ύ sĂůŝĚ ĞƌƟĮĐĂƟŽŶ ŽĨ ƌĞŐŝƐƚƌĂƟŽŶͬŝŶĐŽƌƉŽƌĂƟŽŶ ďĞ ƐƵďŵŝƩĞĚ ŝŶ TWO (2) COPIES EACH WHICH WILL INCLUDE ONE (1) ORIGINAL AND ONE (1) COPY. The documents should be Ύ ϯ LJĞĂƌƐ ǀĂůŝĚ ƚĂdž ĐůĞĂƌĂŶĐĞ ĐĞƌƟĮĐĂƚĞ ĨŽƌ LJĞĂƌƐ ϮϬϭϱ͕ ϮϬϭϲ Θ in SEALED ENVELOPES ĐůĞĂƌůLJ ŵĂƌŬĞĚ ‘TECHNICAL BID’ ŵĂƌŬĞĚ ϮϬϭϳ ǀĂůŝĚ ƵŶƟů ĞĐĞŵďĞƌ ϮϬϭϴ with the APPROPRIATE PROJECT TITLE AND LOT NUMBER at the top right hand corner. Ύ ǀŝĚĞŶĐĞ ŽĨ ĐŽŵƉůŝĂŶĐĞ ǁŝƚŚ WĞŶƐŝŽŶƐ ZĞĨŽƌŵ Đƚ ϮϬϬϰ ;ǀĂůŝĚ ĐĞƌƟĮĐĂƚĞ ŽĨ ĐŽŵƉůŝĂŶĐĞͿ ĚĚƌĞƐƐĞĚ ƚŽ ƚŚĞ͗ Ύ ĞƌƟĮĐĂƚĞ ŽĨ ĐŽŵƉůŝĂŶĐĞ ǁŝƚŚ /d& ĂŵĞŶĚŵĞŶƚ Đƚ ϮϬϭϭ ;ǀĂůŝĚ ĞƌƟĮĐĂƚĞ ŽĨ ĐŽŵƉůŝĂŶĐĞͿ Ύ ǀŝĚĞŶĐĞ ŽĨ ĐŽŵƉůŝĂŶĐĞ ǁŝƚŚ ŵƉůŽLJĞĞƐ ŽŵƉĞŶƐĂƟŽŶ Đƚ ĂƐ ŝƐƐƵĞĚ ďLJ E^/d& ;ǀĂůŝĚ ĐĞƌƟĮĐĂƚĞ ŽĨ ĐŽŵƉůŝĂŶĐĞͿ
ARCN TENDERS BOARD
AGRICULTURAL RESEARCH COUNCIL OF NIGERIA W>Kd ϮϮϯ ͕ ^dZ > KE ϲ D h^,/͕ h: ͘
ͻ ^ƵďŵŝƐƐŝŽŶƐ ŽĨ ĞdžƉƌĞƐƐŝŽŶ ŽĨ ŝŶƚĞƌĞƐƚ ĐůŽƐĞƐ ϭϮ͗ϬϬ ;EŽŽŶͿ ϭϯd, &ĞďƌƵĂƌLJ͕ ϮϬϭϴ ͻ KŶůLJ ƐŚŽƌƚůŝƐƚĞĚ ĂƉƉůŝĐĂŶƚƐ ǁŝůů ďĞ ĐŽŶƚĂĐƚĞĚ ƚŽ ƉŝĐŬ ƵƉ ƚŚĞ ZĞƋƵĞƐƚ ĨŽƌ WƌŽƉŽƐĂů ƚŽ ƉƌŽĐĞĞĚ ƚŽ ƚŚĞ ŶĞdžƚ ƐƚĂŐĞ͘ PLEASE NOTE: ͻ dŚĞ ŽƵŶĐŝů ǁŝůů ŶŽƚ ďĞ ƌĞƐƉŽŶƐŝďůĞ ĨŽƌ ĂŶLJ ĐŽƐƚƐ Žƌ ĞdžƉĞŶƐĞƐ ŝŶĐƵƌƌĞĚ ďLJ ĂŶLJ ŝŶƚĞƌĞƐƚĞĚ ƉĂƌƚLJ ŝŶ ĐŽŶŶĞĐƟŽŶ ǁŝƚŚ ĂŶLJ ƌĞƐƉŽŶƐĞ ƚŽ ƚŚŝƐ ŝŶǀŝƚĂƟŽŶ ĂŶĚͬŽƌ ƉƌĞƉĂƌĂƟŽŶ Žƌ ƐƵďŵŝƐƐŝŽŶ ŝŶ ƌĞƐƉŽŶƐĞ ƚŽ ĂŶ ĞŶƋƵŝƌLJ͘ ͻ dŚĞ ŽƵŶĐŝů ŝƐ ŶŽƚ ďŽƵŶĚ ƚŽ ĂǁĂƌĚ ƚŚĞ ĐŽŶƚƌĂĐƚ ƚŽ ĂŶLJ ďŝĚĚĞƌ ĂŶĚ ƌĞƐĞƌǀĞƐ ƚŚĞ ƌŝŐŚƚ ƚŽ ĐĂŶĐĞů ƚŚĞ ƉƌŽĐƵƌĞŵĞŶƚ ƉƌŽĐĞƐƐ Ăƚ ĂŶLJ ƟŵĞ ǁŝƚŚŽƵƚ ŝŶĐƵƌƌŝŶŐ ĂŶLJ ůŝĂďŝůŝƚLJ͘ ͻ dŚŝƐ ĂĚǀĞƌƟƐĞŵĞŶƚ ŝƐ ƐƉĞĐŝĮĐĂůůLJ ĨŽƌ ƉƌŽũĞĐƚƐ ƵŶĚĞƌ ƚŚĞ ϮϬϭϳ ĂƉƉƌŽƉƌŝĂƟŽŶ ĂŶĚ ƐŚĂůů ŶŽƚ ďĞ ĐŽŶƐƚƌƵĞĚ ĂƐ Ă ĐŽŵŵŝƚŵĞŶƚ ŽŶ ƚŚĞ ƉĂƌƚ ŽĨ ƚŚĞ ŽƵŶĐŝů ƚŽ ĂǁĂƌĚ ĂŶLJ Žƌ Ăůů ƚŚĞ ĂďŽǀĞ ůŝƐƚĞĚ ƉƌŽũĞĐƚƐ͘ ͻ KŶůLJ ƐƵĐĐĞƐƐĨƵůůLJ ƉƌĞƋƵĂůŝĮĞĚ ĐŽŶƚƌĂĐƚŽƌƐͬĐŽŶƐƵůƚĂŶƚƐ ǁŝůů ďĞ ŝŶǀŝƚĞĚ ƚŽ ƚĞŶĚĞƌ ĨŽƌ ƚŚĞ ĐŽŶƚƌĂĐƚƐ͘ ͻ >ĂƚĞ ƐƵďŵŝƐƐŝŽŶ ƐŚĂůů ďĞ ƌĞũĞĐƚĞĚ ͻ WƌŽƉŽƐĂů ĨŽƌ ĚŝīĞƌĞŶƚ ůŽƚƐ ƐŚŽƵůĚ ďĞ ƐƵďŵŝƩĞĚ ĚŝīĞƌĞŶƚůLJ͘ >ƵŵƉ ƐƵďŵŝƐƐŝŽŶ ǁŝůů ďĞ ƌĞũĞĐƚĞĚ͘ ͻ ^ǁŽƌŶ ĸĚĂǀŝƚ ŵƵƐƚ ďĞ ŽƌŝŐŝŶĂů͕ ƐǁŽƌŶ ĨŽƌ ƚŚĞ ƉƵƌƉŽƐĞ ŽĨ ƚŚŝƐ ĚǀĞƌƚ ĂŶĚ ŵƵƐƚ ďĞ ŝŶ ĨƵůů ĐŽŵƉůŝĂŶĐĞ ŽĨ ƚŚĞ ƌĞƋƵŝƌĞŵĞŶƚ ŽĨ WĂƌƚ ;ŝǀͿ ^ĞĐƟŽŶ ϲ;ĨͿ ŽĨ ƚŚĞ WW ;ϮϬϬϳͿ͘ ͻ ůů ƐƵďŵŝƐƐŝŽŶƐ ;dĞĐŚŶŝĐĂůͿ ŵƵƐƚ ďĞ ƌŝŐŚƚůLJ ĂĚĚƌĞƐƐĞĚ ĂŶĚ ĨŽƌǁĂƌĚŝŶŐ ůĞƩĞƌ ;ƵƐŝŶŐ ĐŽŵƉĂŶLJ ůĞƩĞƌ ŚĞĂĚͿ ƵůLJ ƐŝŐŶĞĚ͘ ŶLJ ĚŽĐƵŵĞŶƚ ƐƵďŵŝƩĞĚ ŶŽƚ ƉƌŽƉĞƌůLJ ĂĚĚƌĞƐƐĞĚ ĂŶĚ ƐŝŐŶĞĚ ǁŝůů ďĞ ƌĞũĞĐƚĞĚ͘ ͻ KƌŝŐŝŶĂů ůĞƩĞƌƐ Žƌ ŽƚŚĞƌ ƌĞĨĞƌĞŶĐĞ ĐŽůůĞĐƚĞĚ ĨƌŽŵ ƚŚŝƌĚ ƉĂƌƚLJ ĨŽƌ ƚŚĞ ƉƵƌƉŽƐĞ ŽĨ ƚŚŝƐ ĂĚǀĞƌƚ ĂŶĚ ĂĚĚƌĞƐƐĞĚ ƚŽ ƚŚĞ ƉƌŽĐƵƌŝŶŐ ĞŶƟƚLJ ŵƵƐƚ ďĞ ĂƩĂĐŚĞĚ͘ ͻ ŽŵƉĂŶLJ ƌĞƉƌĞƐĞŶƚĂƟǀĞƐ ŽƚŚĞƌ ƚŚĂŶ ŝƌĞĐƚŽƌƐ ƐŝŐŶŝŶŐ Žƌ ƌĞƉƌĞƐĞŶƟŶŐ ƚŚĞ ĐŽŵƉĂŶLJ ŝŶ ƚŚŝƐ ƉƌŽĐĞƐƐ ŝŶĐůƵĚŝŶŐ ĚƵƌŝŶŐ ƚĞŶĚĞƌ ŽƉĞŶŝŶŐ ŵƵƐƚ ĮƌƐƚ ďĞ ŝŶƚƌŽĚƵĐĞĚ ŝŶ Ă ůĞƩĞƌ ĂĚĚƌĞƐƐĞĚ ƚŽ ƚŚĞ Z E dĞŶĚĞƌƐ ŽĂƌĚ ĚƵůLJ ƐŝŐŶĞĚ ďLJ ƌĞŐŝƐƚĞƌĞĚ ŝƌĞĐƚŽƌ ŽĨ ƚŚĞ ŽŵƉĂŶLJ͘ ͻ zŽƵ ĂƌĞ ƚŽ ƐƚƌŝĐƚůLJ ĂĚŚĞƌĞ ƚŽ ƚŚĞ ŝŶƐƚƌƵĐƟŽŶƐ ŝŶ ƚŚŝƐ ĚǀĞƌƚ ĂŶĚ ŽƚŚĞƌ ŝŶƐƚƌƵĐƟŽŶƐ ƚŚĂƚ ŵĂLJďĞ ŝŶ ƚŚĞ ďŝĚĚŝŶŐ ĚŽĐƵŵĞŶƚƐ͕ WƵďůŝĐ WƌŽĐƵƌĞŵĞŶƚ Đƚ ϮϬϬϳ͕ ĂŶĚ ŽƚŚĞƌ ƌĞůĞǀĂŶƚ ůĂǁƐ ŐƵŝĚŝŶŐ ĐŽŶƚƌĂĐƚ ĂĚŵŝŶŝƐƚƌĂƟŽŶ ŝŶ EŝŐĞƌŝĂ͘
SIGNED Ő͘ y hd/s ^ Z d Zz AGRICULTURAL RESEARCH COUNCIL OF NIGERIA W>Kd ϮϮϯ ͕ ^dZ > KE ϲ D h^,/͕ h: ͘
T H I S D AY TUESDAY JANUARY 30, 2018
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T H I S D AY ˾ TUESDAY, JANUARY 30, 2018
TUESDAYSPORTS
Group Sports Editor Duro Ikhazuagbe Email duro.ikhazuagbe@thisdaylive.com
CHAN 2018… CHAN 2018…
Dalung Hails Eagles, Rohr Showers Praises on Ezenwa Femi Solaja with agency report Following Home-based Eagles 2-1 come-back victory against Angola on Sunday night to berth in the semi final of the ongoing 5th African Nations Championship (CHAN) in Morocco, Minister of Youth and Sports, Solomon Dalung, has congratulated the team for the feat so far. The minister praised the team for putting up a good fight against the Angolans urging them to reinforce their dominance in African football and get to the final. “Congratulations on your successful outing so far in the African Nations Championship. You still have two more hurdles to cross before bringing the trophy to Nigeria. I urge you to maintain your commitment, hard work and discipline which brought this emphatic win and go all the way to win the trophy,”Dalung urged the players in the goodwill message. The minister who arrived New York yesterday morning for the 7th Economic and Social Council Youth Forum holding at the United Nations Headquarters, also commended the officials and players of the team for
their superb team spirit, outstanding display and unity of purpose. “I urge you to continue in like manner and approach your subsequent matches with same commitment and dedication until victory is achieved,” he pleaded. Dalung also assured the team of the fervent love, support and prayers of President Muhammadu Buhari, the government and that of sports loving Nigerians at home and abroad. Meanwhile, the performance of the goalkeeper and captain of Home-based Eagles, Ikechukwu Ezenwa, in Sunday’s quarter final 2-1 win over Angola didn’t come as a surprise to coach of the senior national team Gernot Rohr. Ezenwa was brilliant between the sticks for Nigeria, and played a big role in helping Nigeria stay in the game after Angola took the lead 10 minutes into the start of the second half. During the course of the game, Ezenwa made four big saves from one-on-one situations, and was also decisive in dealing with crosses into his box as well as organising his defence to deal with the threat of the Angolans. His performance won him
Deji Tinubu to be Laid to Rest in Lagos Today The remains of the deceased former Chairman of Lagos State Sports Commisson, Ayodeji Tinubu, will be laid to rest in Lagos today. A service of Songs held for Deji Tinubu at the Redeemed Church of God City of David at Victoria Island yesterday evening. According to the burial programme released by his family, the body will lie in state at the same venue for 30 minutes today before a funeral service that will hold at 10am. Interment follows immediately at the Vaults & Gardens, Ikoyi in Lagos. Earlier on Sunday evening, the Lagos State Sports Commission staged a candle light procession in his honour as the pioneer chairman of the commission. The event held at the Indoor Sports Hall of the Teslim Balogun Stadium, Surulere where members of a popular WhatsApp group, Families United By Sports (FUBS) as well as other sports personalities paid glowing tributes to the late sports administrator. Tinubu, who until he slumped and died while featuring in a five-a-side novelty match with fellow participants at the Lagos cabinet members retreat at the Jubilee Chalets in Epe, was the special adviser to the state governor on Commerce, Industry and Cooperative. Lagos State Commissioner for Information, Kehinde
Bamgbetan, recalled how doctors and nurses rushed to give him first aid and was immediately taken to the General Hospital, Epe where he was confirmed dead. “We are still in shock. All of us at the State Executive Council are in disbelief. He was a good and committed patriot who brought his passion to his job. He was a gentleman who maintained excellent team spirit. We shall miss him,” he said. Tinubu was sworn in as Special Adviser on Sports and Chairman of the State’s Sports Commission on October 19, 2015. He was recently moved to take up his new portfolio. The late Deji Tinubu was the son of late Kafaru Tinubu, one of Nigeria’s foremost police officers. DT as he was fondly called, is survived by an aged Mother, Wife, Brothers and two children.
Late Tinubu
accolades especially among some Nigerians who were skeptical over the fact that he could be in goal for Nigeria at the World Cup, as he is presently the preferred choice of coach Gernot Rohr. Rohr was however not surprised by his performance,
with the Franco-German coach revealing after the game that he is aware of his qualities especially in dealing with one-on-one situations. “It’s not a new thing to me because you know, I know Ezenwa very well , and that is why I put him
in goal against Cameroon and in Algeria (World Cup 2018 Qualifiers) because he is a good goalkeeper,“ Rohr told journalists in Morocco. “In one-on-one situation, he is one of the best and in the reflex he is also a very good option, and he showed
it again today (Sunday). He saved three to four one-on-one situations. A team needs a good goalkeeper, you know I have him and a local player can play in Super Eagles main team, that’s what he has proven,” stressed the Super Eagles gaffer.
Ezenwa... brilliant performance against Angola... last Sunday
NFF, NB Plc to Seal Partnership Deal in Lagos The Nigeria Football Federation (NFF) and Nigerian Breweries Plc have consummated a remarkable sponsorship agreement. The official public presentation of the partnership will take place in a fortnight in Lagos on Friday, 9th February 2018. NFF President Amaju Pinnick said yesterday that the federation was “excited and fulfilled” to seal the agreements with Nigerian Breweries PLC, “an organisation that has
been a torch-bearer of excellence and corporate social responsibility for the several decades it has operated in Nigeria.” Pinnick promised that the NFF would abide by every letter of the contract. Chief Executive of Pamodzi Sports Marketing Company, Mike Itemuagbor confirmed to thenff.com that the initial contract is for a period of five years, with an option for renewal. “This is a very good deal
for the NFF and the national teams. Nigerian Breweries Plc is committing a huge sum to this sponsorship agreement, but the more important aspect is the activation of the contract, which the company has an unrivalled pedigree in doing and which it is committed to doing with this contract as well. “Pamodzi is happy to be the sponsorship agency to this worthy alliance. Nigerian Football is on
the upswing and Nigerian Breweries Plc remains a formidable establishment always looking to improve on the satisfaction it gives its customers while remaining committed to lofty corporate social responsibility initiatives.” Founded in November 1946, Nigerian Breweries Plc is the pioneer and largest brewing company in Nigeria, serving both Nigerian and West African markets.
Nigeria PGA Admits Only One of 81 Applicants into Pro Rank Only one player, Samuel Igyem, scaled the tough conditions set at 11th edition of the Qualifying School conducted by the Professional Golfers’ Association of Nigeria (PGA) over the weekend in Jos, Plateau State The Qualifying School is a biennial final admission procedure for amateur players who wish to take up a career in professional golf. Although, the Director of the body, Samson Lawal, stressed that some of those who failed the process will be invited for a make-up test in six months time, the Executives of the PGA
has been put on the spot to explain the standard that denied majority of the players places in the pro rank. “It is unfortunate that only one player met the conditions that we set before the School commenced. For a body that strives to uphold our integrity, we have to stand by our words,” Lawal observed at the weekend. One of the key tests for the players is the P.A.T. (Playing Ability Test), which was set at +21 over 54 holes wit, with an average of +7 daily score. The P.A.T became the hurdle that disqualifies most of the players.
The Chief Examiner at the Q-School, Dominic Andrew, said it would be a discredit to the game if the PGA stoops from its standard to admit players that can’t meet basic category two amateur standard. “ I agree that it may seem unfair from the ordinary eye to have only one player admitted from this School, but we equally have a responsibility to protect the integrity of the PGA and professional golf in Nigeria. It just simply means that they haven’t prepared enough to earn PGA membership,” Andrew stressed further. A lot of the players
had complained that the condition, especially weather and golf course layout of the Lamingo Course was tough enough to work against a player meeting the benchmark score. One of the player who wouldn’t like to be named said he would have challenged the process in court if the PGA had not stuck to the rules it set throughout the School. “ I feel pained, I wasted money, time and other resources that I can’t put together for now. But, in fairness, what I have seen here is transparent and I have great respect for the leadership of the PGA”
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MISSILE Abdullahi to Presidency “Nobody can remove Saraki. We elected him and we are not ready to remove him yet. From day one, they never wanted Saraki. What we are saying is that the right to choose the Senate President lies with senators and we have chosen our leader” – Spokes man for the Senate, Senator Aliyu Abdullahi sending a note of deterrent to the presidency against surreptitious moves to unseat Dr. Bukola Saraki as Senate President.
TUESDAY WITH REUBENABATI abati1990@gmail.com
Obasanjo and the Extent of Presidential Powers
M
ore than a week after President Olusegun Obasanjo released his state of the nation commentary and devastating assessment of the Buhari administration, it has remained the main subject in the public arena in Nigeria. It is a measure of the stature, influence and capacity of the elder statesman that whenever he intervenes as he has done, he sets the tone for public debate and the country’s future political direction. I have already commented at length on the appropriateness, timeliness, depth, brutal honesty and shortcoming of that statement on both television and radio, more than twice, but there is an additional aspect that the statement further throws up, namely the nature and extent of presidential powers to wit: should Obasanjo blame Buhari? It is common practice in Nigeria for political commentators, either on the streets or in formal situations to make excuses for Presidents, either serving or retired. You are likely to hear statements such as: “The President is a good man, it is just that he is surrounded by bad advisers and ministers”, or something like “Buhari is not the problem, the problem is that he has been hijacked by a cabal, or as the view was once expressed - “a cabal is now in charge!” The powers, style and limitations of the President are hardly ever placed in proper context. Proponents of the positivism of Presidential powers always speak in terms of “Good President, bad aides” in the Nigerian Presidential system, contrary to the norm that the buck stops at the President’s table. President Obasanjo’s various assessments of sitting administrations adopt a different orientation. He holds the President personally responsible for the performance or non-performance of his government. In his recent statement on the Buhari administration, he thus characteristically accused President Buhari of nepotism, lack of understanding of the internal dynamics of Nigerian politics, blame-passing, condoning of misconduct and outright incompetence. He more or less ascribes to the President of Nigeria the powers and the responsibility to provide leadership and ensure good governance. In his view, in areas where the President lacks capacity, it is his duty to recruit competent persons to assist him and where and when he fails, he is still the one to be held responsible. The underlying principle in Obasanjo’s statement is that those to whom power is bequeathed must be accountable for the exercise of such power. In his only reference to advisers in his intervention, Obasanjo uses the word “so-called advisers.” It is most unfortunate that in the various responses from government and its agents to the Obasanjo statement, there has been no attempt to take on Obasanjo on the issues. He has been called names by hired voices, or system sycophants, and all he got from the Minister of Information was an acknowledgement note and a patronizing “Baba-is-a-patriot”, tepid climb-down, without a word of defence on the substantial question about how the incumbent President has abdicated responsibility and failed the leadership test. For me, there are a number of projected questions: Can a President actually be held responsible for the failings of the government he heads? Should the blame for an administration’s failures be heaped on the head of a past government and its officials? Who can be held liable in the circumstance – a cabal, former Ministers, or those exercising delegated authority? For whereas Obasanjo holds every President accountable, I have heard persons claim that he has no moral right to do so. It is even alleged that President Buhari cannot be questioned because he is answerable only
Obasanjo to the people whose sovereignty he personifies. President Obasanjo, by heaping the blame and the responsibility, on the head of President Muhammadu Buhari is drawing attention to the full extent of the ascribed and inherent powers of the President under the Constitution. The Nigerian Constitution in letter and spirit makes the Nigerian President an Emperor with near-absolute powers. There may be checks and balances on his powers here and there, in terms of his having recourse to the National Assembly on certain issues and having to make consultations, but in totality, the Constitution confers on him a kingly prerogative, especially on matters of policy and its execution. His powers are extensive and expansive. Under Section 5(1) of the Constitution, he is empowered to either exercise his powers directly or to delegate. His relationship with those to whom he delegates authority is akin to that between an agent and a disclosed principal. Section 5(1) is instructive: “Subject to the provisions of this Constitution, the executive powers of the Federation – (a) shall be vested in the President and may, subject as aforesaid and to the provisions of any law made by the National assembly, be exercised by him either directly or through the Vice-President or Ministers of the Government of the Federation or other officers in the public service of the Federation; and Section 148(1) adds: “The President may, in his discretion, assign to Vice-President or any Minister of the government of the Federation responsibility for any business of the Government of the Federation, including the administration of any department of government.” It stands to reason therefore that whatever is done by those agents, lawfully and within the bounds of Presidential approval, are within the scope of the responsibility of the President. In other words, the President cannot pass the buck. So, is it right to say Buhari is a good man, but the problem is the cabal? Or to hold heads of MDAs liable for acts that were carried out with Presidential authority and approval? The President is the custodian of the social contract with the people as defined in Section 14, and where there is a failure of consideration in this regard, the government is deemed not only to have lost legitimacy, the President is deemed to have failed. This is a key point in Obasanjo’s statement, which makes it notably different from similar interventions by him in the past. The term or the group known as “cabal” is unknown to the Nigerian Constitution but the Constitution knows the President. Section 148 also recognizes that Ministers are appointees of the President, exercising delegated authority. This is why the National Assembly cannot impeach Ministers; they can only be sanctioned
or relieved of their duties by their appointor, namely the President. Where the conduct of any government official is in question, it is important to establish whether or not such a person acted beyond the scope of the approval or directive given or whether or not such was ratified by the President. However, no public official is allowed under the law to carry out an unlawful directive, where such happens, such a person is personally liable. In practical terms, this has been a source of problem. Nigerian Presidents function like Emperors. How many appointees can stand in front of a President and query his authority, or turn down his directive? I align with the definition of responsibility in Obasanjo’s review of the exercise of presidential authority. For instance, there are cases in court against Ministers and advisers who served under the Jonathan administration over matters such as the spending of security votes and sale of oil blocks, but to what extent can they be held responsible for obeying presidential directives? Today, in President Buhari’s Aso Villa, the Chief of Staff in particular has been accused within the public domain of many things. Does anyone really believe that a Chief of Staff can act on his own without Presidential backing and not lose his job? When the matter of MTN’s underpayment of sanctions sum came up and the penalty sum was allegedly reviewed downwards after some consideration, the MTN Executive that was involved was sanctioned, and Nigerians asked that certain government officials should similarly be sanctioned, but to date, nothing has happened. Could that have been the case without the President’s knowledge? In the more recent controversial case of Abdulrasheed Maina, the Attorney General of the Federation, Abubakar Malami who was accused of protecting a man who had been sacked from service on the grounds of embezzlement, pilfering and corruption, had said that he acted with the knowledge and approval of the President. Can he possibly in the future be called to account for his action even when he was carrying out a Presidential directive, apparent or otherwise? Afterall, his explanation was further confirmed from the statement of the Head of Service to the Federation who said when the issue came up, she notified the President of the likely backlash. When the National Assembly summons a prominent government official and he or she refuses to honour the invitation, can it be assumed that any Presidential appointee can be so dismissive of the legislature without Presidential concurrence? When recently there was a face-off between the Department of State Security, the National Intelligence Agency and the EFCC, with the intelligence agencies insisting that they or their former bosses cannot be questioned by the EFCC, could they have gotten away with it without Presidential approval? It is noteworthy that the intelligence agencies report directly to the President and take directives from him. They relate to other departments of government only on a need-to-know basis. There is also that other matter between Dr Ibe Kachikwu and NNPC GMD, Kanti Baru, with the latter insisting that he had Presidential approval. Can either party be arrested in the future for “alleged corruption” in the light of the revelation by the Vice President, then acting as President, that he only gave “non-financial approvals?” Our point therefore is that everything in our Presidential democracy revolves around the President. Whereas the Constitution, upholding the separation of powers, vests the authority of the other two tiers of government: the legislature (Section 4) and the
judiciary (Section 6) in institutions, the 1999 Constitution vests executive authority not in any institution, but the person of the President. The Presidency is not a collegiate; technically, even the Vice President has no powers. He can only function to the extent of powers delegated to him by the President, and even the very limited powers assigned to him can only be exercised under presidential directive. This is partly why when President Buhari went on a medical vacation and Vice President Osinbajo acted as President, there were persons who accused him of becoming ambitious and trying to seize Presidential powers even when he had been granted delegated authority. The second time the President travelled, the Vice President was directed to act only as a co-ordinator! The President is granted immunity from prosecution; while in office, he is regarded as a Messiah, such that even the powers of the National Assembly to impeach him in the event of “gross misconduct” or “incapacitation” are difficult to execute. More than at any other time, the Buhari administration has further problematized the extent of the powers of a President by calling to question virtually every act and directive under the preceding Jonathan administration. If a President gave a directive and it was lawfully carried out, without the agent going on a frolic of his own, and without any willful act of criminality, should such agents become the target of a witch-hunt? By stretching the matter in this direction, the Buhari administration may have created the basis for the growth of a political culture based on vendetta and the source of its own lack of vibrancy. This probably explains why under this administration, delegated authority is being exercised with so much fear. The Ministers and heads of parastatals and agencies are so scared because they imagine that even when they carry out directives, they may be held liable tomorrow by a different government. Already, they are being told that they are the problem and not the President. Why shouldn’t a future government arrest and detain them and tell them that the execution of a Presidential directive is no protection? They may ultimately end up as victims of their current triumphalism. By demonizing former public officials, and undermining the powers of a past President to exercise power and authority through legitimate and lawful delegation, the Buhari administration may unwittingly make public service unattractive and set a disturbing precedent. Be sure, however that the Nigerian public in the future will still argue that “Baba is a good man, it was the cabal that caused his problems.” Good intentions alone do not guarantee good leadership: this is the underlying moral of the Obasanjo statement. Whether or not he can mount the high horse to say this is beyond the purview of this present commentary. But here is the long-term challenge: Can a President who has been given so much powers under the Constitution be allowed to abdicate responsibility? Section 5(1) and Section 148, and other relevant sections of the 1999 Constitution on Presidential powers present grey areas that throw up jurisprudential questions that should be clarified and resolved. It is an issue on which Nigerians must make a value judgment: do we need to preserve the status quo or is there a need to review the extent of Presidential powers? There are two ways forward: a constitutional amendment of Presidential powers to make Presidents more accountable, more institution-based and less omnipotent, or a resolution of the dilemma through the jurisprudence of our courts.
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