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NERC Probes Alleged Power Rejection by Discos

TCN, electricity distributors renew brickbats over poor supply


Ejiofor Alike in Lagos and investigation into the frequent electricity sent to them for agency was probing the that we reject supply. If I don’t have power because TCN
Chineme Okafor in Abuja claims by the Transmission distribution to homes and allegations that they were have power to sell, how do facilities are very weak, among
Company of Nigeria (TCN) offices. rejecting electricity allocated I make money? What will I other factors. But the TCN
The Nigerian Electricity that the 11 electricity A chief executive officer to them. present to my shareholders to has repeatedly accused us of
Regulatory Commission distribution companies (Discos) of one of the Discos told “We complain of poor justify the huge investments
(NERC) has launched an frequently reject volumes of THISDAY that the regulatory supply and someone is saying they have made? We don’t Continued on page 6

Atiku Asks S’Court to Quash Tribunal’s Affirmation of Buhari’s Election... Page 6


Tuesday 24 September, 2019
Vol 24. No 8933. Price: N250

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Nigeria, Foreign Legal Team Plot


Strategy to Stop P&ID’s $9.6bn Award
Malami, Emefiele, in London, renew battle for more royalties from oil majors
Iyobosa Uwugiaren in Abuja Nigerian delegation to the
and Ejiofor Alike with agency court session and the foreign
reports legal team have held a strategic
meeting on how to stop the
Ahead of Thursday’s legal claim.
fireworks in London between The Nigerian delegation,
Nigeria and Process and which included the Attorney
Industrial Developments General of the Federation
Limited (P&ID) over the $9.6 and Minister of Justice, Mr.
billion arbitral award a British Abubakar Malami (SAN);
commercial court affirmed Inspector General of Police, Mr.
for the company against
the federal government, the Continued on page 6

Supreme Court Won’t


be Subservient to
Anybody, Says CJN
Makes case for financial autonomy for
judiciary Three years after, Ngwuta
resumes Supreme Court sitting
Alex Enumah in Abuja at all levels and their agencies
against the continued
The Chief Justice of Nigeria disobedience to court judgments,
(CJN), Justice Ibrahim saying it is time for them to
Muhammad, yesterday assured obey the rule of law and court
Nigerians that the Supreme judgments.
Court under his watch will
never be subservient to any
The declaration of the CJN,
who spoke yesterday in Abuja at
PROMOTING AFRICAN VALUES...
person in Nigeria or another a special session of the Supreme L-R: President, Dangote Group of Companies, Alhaji Aliko Dangote; Chairman and Founder, Mo Ibrahim Foundation, Dr. Mo
arm of government. Ibrahim and Principal Founder of Microsoft Corporation, Mr. Bill Gates, at the inaugural forum of The African Center in New
He also warned government Continued on page 8 York… yesterday

Climate Change: World Heads Towards Catastrophe, Buhari Tells UN... Page 8
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TUESDAY SEPTEMBER 24, 2019 • T H I S D AY 3
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TUESDAY SEPTEMBER 24, 2019 • T H I S D AY 5
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PAGE SIX

Atiku Asks S’Court to Quash Tribunal’s Affirmation of Buhari’s Election


Alex Enumah in Abuja allegations that the election was Among the grounds he listed entered the different grades for Peterside. the poll was not qualified having
rigged in favour of Buhari and included claims that the judgment him and if he did it, why? “If the judgment said INEC not possessed requisite academic
The candidate of the Peoples his party, the All Progressives of the tribunal was not based Another reason for the appeal server was recklessly hacked, qualification and as such all votes
Democratic Party (PDP) in the Congress (APC). on the issues canvassed by the is that the president’s Chief of then, there is a server and, credited to him in the election
last presidential election, Atiku The tribunal further held that petitioners, especially in relation Staff, Abba Kyari, brought the therefore, a criminal offence. be regarded as wasted votes.
Abubakar and his party have the petitioners did not produce to the respondent’s academic Cambridge documents dated Yet, INEC did not claim so or Atiku and PDP in the petition
formally filed their appeal against relevant witnesses to convince qualifications. July 18 and testified on July 20. that its documents were stolen. therefore urged the tribunal to
the judgment of the Presidential them that Buhari did not possess He said: "Take, for instance, “The point here is that it was How come the judge reached nullify the emergence of Buhari on
Election Petition Tribunal at the necessary educational qualification one of the respondent’s witnesses, not pleaded, when the respondent this scandalous decision? grounds of alleged irregularities,
Supreme Court. to be president. Major General Paul Tarfa (rtd), replied to the petition of Atiku “The appellants are therefore rigging and substantial non-
A senior lawyer in the legal Though Ozekhome did not called by President Muhammadu and PDP. The position of the praying the apex court to hold compliance with the electoral
team of Atiku and PDP, Chief list any of the 66 grounds on Buhari’s lawyers said that they appellants is that in law, you that the tribunal erred in its provisions, amongst others.
Mike Ozekhome (SAN), who which the appeal was predicated, did not give their qualifications don’t speak on documents not decision and consequently set Among the grounds the
confirmed the filing of the appeal findings revealed that the appeals to the Military Board. Tarfa’s pleaded,” the source added. the tribunal's judgment aside petitioners were seeking the
to THISDAY yesterday, said the are centered on issues bordering testimony is against the claim The appellants are also claiming and go ahead to grant all the nullification of Buhari's election
appeal was predicated on 66 on the qualification of Buhari in by Buhari that the Nigeria military that the WAEC documents reliefs sought.” was that the president lied on
grounds, which outlined how the election and the controversial is in possession of his certificates. contradicted the Cambridge Atiku and PDP had sued INEC oath in his Form CF001 submitted
the tribunal erred in its verdict Independent National Electoral “Secondly, Buhari said that he documents, describing it as a before the tribunal for declaring to INEC for his clearance for the
on Atiku and PDP's petition Commission (INEC), server was recruited into the military case of forgery and inconsistency Buhari winner of the February election.
against the election of President among others. in 1961 and Tarfa said in 1962, in documents. 23 presidential election. The president had claimed that
Muhammadu Buhari. Earlier, another lawyer to the so what is the correct date of The lawyer added, “On the Sued along the electoral umpire he possessed three certificates
The five-man tribunal, led appellants, who had over the his recruitment into the army? INEC server, the judgment of include Buhari and APC. namely, Primary School
by Justice Mohammed Garba, weekend spoken to THISDAY Somebody is not telling the truth. the PEPT said the INEC server In the petition filed on March Certificate, West African School
had in its judgment delivered in confidence, had said: “We "The issue in question is who was hacked and we then asked, 18, the petitioners, amongst other Certificate (WASC) and Officers
on September 11, dismissed will file latest on Monday, entered the different grades for which of the servers was hacked? things, alleged that INEC in Cadet Certificate but unlike others
the petition filed by Atiku and September 23, and at most, him from both the Cambridge “The tribunal judgment was connivance with agencies of the did not attach copies of any of the
PDP for being incompetent and due to any unforeseen reason, and the West African School based on the Electoral Act section ruling government manipulated certificates to support his claim.
lacking in merit. by September 24. Bear in mind Certificate results? This is the first 52 (1) (B), but this aspect of the the outcome of the poll in favour They therefore prayed the
The panel in dismissing the that the deadline for submission time that the court will say that law has since been deleted in of Buhari. tribunal to declare them winner
petition, held that Atiku and PDP is Wednesday. We won’t file on the documents are admitted in 2015. It is no longer in existence. They further alleged that of the February 23 presidential
were unable to substantiate their Wednesday for tactical reasons.” the interest of justice. So, who This was the case in Wike Vs Buhari at the time of contesting election.
NERC PROBES ALLEGED POWER RE JECTION BY DISCOS
rejecting electricity allocated to independent external industry visible results. issue without any results. resolve them. on site visits to inspect the extent
us. Their accusations are in the operators, to investigate the claims. The TCN, however, fired back, “We organised a team of six “They all signed and we were of their work but I stopped that
public domain. And you know He said from the preliminary saying it has not spent $1.6 billion and set them up with a specific very happy that they had finally because we need to also be abreast
that we receive the bashing observations of the investigative on transmission projects. mandate to call a meeting with agreed on how to resolve the with the commercial issues so we
because we are the only ones team, the country could retrieve It equally claimed that the all the Discos and TCN. They all issues. We subsequently wrote can engage them comprehensively
in the electricity value chain that up to 3,800 megawatts of Discos were ignorant of the came and we met them for five them letters to intimate them we and that is where we are.
deal directly with consumers. electricity for distribution to procurement processes for its days to discuss the bottlenecks will be monitoring their progress “We know the issues are also
To get to the root of the end-users. transmission infrastructure. at the interface and they opened on the issues.” commercial, but we are putting
matter, NERC is carrying out Momoh’s disclosure came Momoh, while shedding light up and at the end of the day, we He added that the meeting our hands first in the technical
investigation,” the source stated. just when the TCN and Discos on the recriminations between put them in a room to negotiate was to address the technical challenges. But all these challenges
Also, the Chairman of NERC, resumed their war of words the two key players in the power a resolution to the challenges. challenges identified as reasons we will get into them fully and
Prof. James Momoh, confirmed over poor electricity supply sector, said: “The commission We enumerated about 25 points for the load-shedding while the our staff will find out why the
to THISDAY yesterday that the with the Discos accusing the initiated a fact-finding initiative that are the challenges and they next phase of the investigation MYTO allocations are different
regulatory agency had set up a TCN of spending $1.6 billion on load rejection because we had were able to agree on common would be the commercial aspects.
six-man panel, which included on transmission projects without engaged them regularly on this challenge and how they will He said: “We were about to go Continued on page 8

NIGERIA, FOREIGN LEGAL TEAM PLOT STRATEGY TO STOP P&ID’S $9.6BN AWARD
Mohammed Adamu and could to stop the claim. talks.” It did not immediately ongoing probe into the incident. The PSC signed in 1990s allows 16(1) of the Deep Offshore and
Central Bank of Nigeria (CBN) However, giving an update on respond to a request for comment the federal government to review Inland Basin Production Sharing
Governor, Mr. Godwin Emefiele, the main mission of the delegation on Monday. Malami, Emefiele, in revenue sharing once the oil price Contracts Act, Cap D3, Laws of
which left Nigeria for Britain on to Britain yesterday, Malami said: “One of the arguments we are London, Renew Battle rises above $20 per barrel. the Federation, 2004.
Saturday, met for five hours on “The meeting started at around putting up is that the court is not Asked about the government’s The government had also
Sunday with the foreign legal 6p.m. and concluded at around supposed to grant the application
for More Royalties demands to recover revenue from threatened to file a complaint
team to brainstorm on steps to 11p.m. yesterday, being September of P&ID relating to the attachment from Oil Majors the IOCs, Malami said the sums against such defaulting oil firm
quash the judgment of the British 22, 2019. of Nigerian international assets,” As part of their engagements in question were “huge”. at international fora under the
court affirming the $6.5 billion “We had series of press said Malami. yesterday in London, Malami “We are taking steps to Foreign Corrupt Practices Act
arbitral award to P&ID, which, sensitisation engagements today The judge’s decision had and Emefiele fielded questions recover what we feel is due,” in the United States of America
as at the last computation, had with REUTERS and FINANCIAL converted the arbitration award from REUTERS during which said Malami, adding he could not and other related international
ballooned to $9.6 billion due to TIMES, among others, where we to a legal judgment and the sum, they made a case for why oil give a precise figure as multiple protocols for failing to observe
accretion from interest payment. elaborated on the antecedent including interest accrued since majors should pay more royalties actions and suits were underway. the mandatory obligations under
Besides Malami, the IG and relating to the contract and 2013, soared to more than $9 to Nigeria. “One thing I can say is that Section 16(1) of the Deep Offshore
Emefiele, other members of the entertained questions from the billion. Their campaign for more the amount is substantial and and Inland Basin Production
delegation are the Minister of media.” Once the court issues a ruling, royalties from international oil colossal, there is no doubt about Sharing Act.
Information and Culture, Alhaji As to whether the Nigerian P&ID could start targeting assets companies (IOCs) to beef up it,” said Malami, not naming the Following a suit filed by the
Lai Mohammed and the acting delegation have the mandate to such as real estate, bank accounts declining revenue came amidst companies. Attorneys-General of Rivers,
Chairman of the Economic and file a new case based on the new or any kind of moveable wealth. fiscal crisis occasioned by falling Earlier this year, industry Bayelsa and Akwa Ibom States,
Financial Crimes Commission realities of the contract or would However, it has to prove the revenue from oil, Nigeria’s major and government sources told the Supreme Court in a landmark
(EFCC), Mr. Ibrahim Magu. build on the previous judgment, property is unrelated to Nigeria’s source of foreign exchange Reuters that Royal Dutch Shell, judgment on October 17, 2018, had
Malami, in a text message Malami said: “All cards are on operations as a sovereign state. earnings. Chevron, Exxon Mobil, Eni, Total ordered the federal government to
yesterday, said the Nigerian table but it all depends on the The information minister also Emefiele said the country could and Equinor were each asked adjust its share of proceeds from
delegation met with their local beneficial that has potency for said he expected most assets have earned more from crude to pay the federal government the sale of crude oil whenever
and international legal team at setting aside the award, having would not be affected, adding that oil royalties if the oil majors had between $2.5 billion and $5 billion. the price exceeds $20 per barrel.
the Nigerian High Commission in regards to the applicable law in the government was, however, been more cooperative. A spokesperson for Shell in Malami confirmed yesterday
London and took briefings from the circumstances.” assessing for vulnerabilities. He accused the oil majors of Nigeria told Reuters yesterday: that several cases are in court.
the teams in Nigeria and UK on Malami said no possibility was Last week, one former shortchanging Nigeria by not “We do not agree with the legal
how to develop strategies targeted ruled out including, “possibility of petroleum ministry official was triggering a process to review basis for the claim that we owe
at setting aside the $9.6 billion filling new case or using existing charged with accepting bribes the royalties to be paid by the outstanding revenues and the
judgment in favour of P&ID. proceedings to seek relief of and failing to follow protocol, IOCs when oil price exceeded matter is pending before the
Malami’s message came on setting aside the award of the while two men linked to P&ID $20 per barrel as stipulated in court.”
the same day REUTERS reported contract cannot be ruled out.’’ pleaded guilty to charges of fraud the PSC agreement signed with Exxon declined to comment.
him and Emefiele as renewing and tax evasion on behalf of the the federal government. Eni, Total, Equinor and Chevron TOP GAINERS NGN NGN %
Nigeria’s battle to get more FG: We’ll Take Any company. According to him, the oil did not immediately respond to
royalties from crude oil from Step to Protect Nigeria “Investigations are ongoing,” majors have been delaying the requests for comment. NCR 0.45 4.95 10
International Oil Companies
from $9.6bn Payment Magu also said. process rather than initiating a Oil majors are keen to get TRANSEXPRESS 0.07 0.77 10
(IOCs). On his part, Emefiele warned review once oil prices crossed involved in developing and
While Emefiele said Nigeria The attorney general also told that seizing Nigeria’s assets worth the $20 per barrel threshold as operating Nigeria’s giant offshore ETERNA 0.25 3.00 9.0
could have earned more from REUTERS that Nigeria will do $9.6 billion or more would have provided in the PSC. fields. CUTIX PLC 0.14 1.70 8.9
crude oil royalties if the oil majors “whatever it takes” to protect its ramifications well beyond the He said: “You think it should Malami is in London as part
had been more cooperative, economy from the $9.6 billion economic impact on Nigeria. be forgotten and we shouldn’t of a delegation of Nigerian CORNERSTONE 0.03 0.42 7.6
Malami stated that Nigeria
was claiming “colossal” sums
arbitral claim. “You can imagine what sort of
refugee situation it will create as
revisit it given that it resulted in policymakers who will meet
stakeholders and investors as
TOP LOSERS NGN %
He, however, added that the substantial loss of revenue to the
of money from the oil majors federal government would not Nigeria has the largest populated government? “It stands for me to well as attend a court hearing PRESCO 4.45 40.35 9.9
under the Production Sharing rule out a settlement with P&ID. country in Africa. This should reason that the IOCs deliberately on a $9 billion arbitration case UPDC 0.14 1.28 9.8
Contract (PSC) agreement that “We will do whatever it not be allowed to happen. If it did not trigger event for review the government disputes.
allows the government to revisit takes to ensure the protection happens... what you’ll see with because it benefits them - and The federal government had VITAFOAM 0.42 3.87 9.7
revenue sharing from petroleum refugees through Libya will be earlier given the IOCs operating
sales if crude exceeds $20 per
of the interests of the Nigerian
government and the Nigerian a small thing,” he said.
that is something that we kick
in Nigeria’s deep offshore and
NPFMFB 0.12 1.13 9.6
against.”
barrel. people,” he stated. The federal government had On his part, Malami said inland basin an ultimatum to UACN 0.75 7.15 9.4
In addition, Malami, Asked if the country would be recently served notice that all Nigeria was claiming “colossal” pay all outstanding revenues
Mohammed, Emefiele and Magu open to an out-of-court settlement, government officials and others sums of money from the oil on PSCs. HPE Nestle Nig Plc ₦1,210.10
took turns, in their engagement Malami said he was not ruling out connected with the process majors under the PSC agreements The government had said the Volume: 109.562 million shares
with foreign media, to analyse the any possibilities, though Nigeria through which P&ID got the that allow the government to revenues are in compliance with
implications of the British court had not been approached formally Gas Supply and Processing revisit revenue sharing from the Supreme Court judgment last Value: N888.172 million
giving the nod to P&ID to seize by P&ID. Agreement (GSPA) with the petroleum sales if crude exceeds October.
Nigeria’s assets to recoup the The company said earlier this federal government and later $20 per barrel. The judgment noted that the Deals: 3,382
over $9.6 billion arbitral claim.
The attorney general said
month that if the government secured the arbitral award
following Nigeria’s alleged
Malami said yesterday that IOCs are in default of adjusting
the revenue accruals in accordance
As at yesterday 23/9/19
would “come to the negotiating a number of court cases were
Nigeria would do whatever it table, P&ID is ready for serious default, would not escape the already underway. with the provisions of section See details on Page 31
TUESDAY SEPTEMBER 24, 2019 • T H I S D AY 7
8 TUESDAY, ͺͼ˜ͺ͸͹΁˾T H I S D AY

NEWS

Climate Change: World Heads


Towards Catastrophe, Buhari Tells UN
Unveils Nigeria's plan to achieve 30% energy efficiency in 2030
Omololu Ogunmade in Abuja Reiterating Nigeria’s remediation programme in of the Hydrocarbon Pollution security and wealth for an
commitment to the Paris Ogoniland. Remediation Programme in estimated 40 million citizens
President Muhammadu Buhari Agreement, Buhari acquainted "In the water sector, Nigeria will Ogoniland, to recover the carbon living around the Chad Basin,
yesterday echoed the Secretary- the summit with Nigeria's plans issue a Green Bond for irrigation sink potential of the mangrove has shrunk significantly from
General of the United Nations to combat climate change, saying and construct multi-purpose dams ecosystem of the one thousand its original size due to climate
(UN), Antonio Gutteres, that that in the energy sector for for power, irrigation and water square kilometers (1,000 KM2) change.
the world is heading towards instance, Nigeria is set to achieve supply. We will strengthen solid polluted site in the affected area," "We will continue to lead in
a climate calamity. 30 per cent energy efficiency and and liquid waste management he said. efforts to have solid partnerships
Speaking at the UN Climate renewable energy by 2030. systems to attract more private Buhari added that the country for the ecological restoration and
Action Summit at the ongoing "In the energy sector, Nigeria is sector investors. has introduced what he termed recharge of the lake. We are
74th UN General Assembly presently diversifying its energy "We will take concrete steps climate smart agricultural confident that this would improve
(UNGA) in New York, with sources from dependence on to harness climate innovative practices to serve as a platform the living conditions of the diverse
the theme, 'A Race We Can Win, gas-powered system to hydro, ideas by including youths in for unlocking 74 million tonnes nationals living in the area,
A Race We Must Win,' Buhari solar, wind, biomass and nuclear decision making processes as of carbon dioxide per annum promote inter-state cooperation,
who said he shared the sentiment sources. Specifically, Nigeria is part of our over-all climate through the use of technologies, strengthen community resilience,
earlier expressed by Gutteres, progressively working to realise Buhari governance architecture. We advocacy and best practices. as well as assist in addressing
described climate change as a 30 per cent energy efficiency and will mobilise Nigerian youths He also spoke passionately the environmental and security
global phenomenon. renewable energy mix by 2030. plan in the water sector, including towards planting 25 million trees about the state of the Lake Chad crisis that threaten the region, its
A copy of the president’s This is envisaged to lead to 179 the federal government's plans to enhance Nigeria’s carbon sink... and called for effective partnership resources and inhabitants.
speech, which he delivered at the million tonnes of carbon dioxide on irrigation, water supply, solid "In addition, our administration of the international community in "Finally, permit me to add that
occasion, was sent to THISDAY reduction per annum by 2030." and liquid waste management. intends to develop a shelter the effort to recharge the lake and the 40 million citizens in the Lake
by e-mail. He expressed Nigeria’s plan The president also told the belt across 11 states of the restore the livelihood of no fewer Chad area expect this summit
He said: "I share the sentiment towards developing what he summit on the plan of the federal federation spanning a distance than 40 million people whom to take into consideration their
expressed by the Secretary described as "a more robust government to develop a shelter of 1,500 km and 15km across he said depended on the lake concerns. They anticipate that the
General that the world is on sectoral action plan," to enlarge the belt across 11 states covering through the Great Green for survival. outcomes of this meeting would
the verge of climate catastrophe. frontiers of the country's sovereign 1,500 kilometres and beyond Wall initiative. Furthermore, "As you are aware, the Lake include solutions to address the
Undeniably, climate change is a green bonds. as well as the implementation the federal government has Chad Basin, which used to be climate change impact in the Lake
human-induced phenomenon." He also spoke on the country's of hydrocarbon pollution commenced the implementation a region of productivity, food Chad area," he stated.

SUPREME COURT WON’T BE SUBSERVIENT TO ANYBODY, SAYS CJN


Court marking the 2019/2020 conducting its affairs and taking in our dealings and we must elements amongst them. ethical conducts in the task of was not stopped, to face charges
Legal Year, came against the decisions on matters before it impress it on governments at He, however, suggested governance). of money laundering brought
backdrop of the growing without any extraneous influence. all levels to actively toe that that in doing so, the judiciary against him at the Federal High
perception by many that the "At the Supreme Court, like I path. The right of every citizen must deploy the self-regulating Three Years After, Court, sitting in Abuja.
judiciary, including the Supreme have always said, we are totally against any form of oppression processes within the NJC and Ngwuta Resumes He was first arraigned before
Court, have been cowed by the independent in the way we and impunity must be jealously in line with constitutional the Federal High Court in Abuja
executive could not effectively conduct our affairs, especially guided and protected with the provisions. Supreme Court Sitting on corruption-related charges and
discharge its functions. judgments. We don't pander to legal tools at our disposal. He condemned the process Meanwhile, three years after later arraigned before the Code
The perception was fed anybody's whims and caprices. "All binding court orders must that culminated in the retirement he was suspended from sitting, of Conduct Tribunal (CCT) over
by the perceived underhand If there is any deity to be feared, be obeyed; nobody, irrespective of Justice Onnoghen. Justice Ngwuta, who faced trial his alleged failure to declare some
tactics allegedly employed by it is Almighty God. of his or her position, will be According to the NBA for corruption, has resumed his of his assets.
the presidency to oust Justice "We will never be subservient allowed to toy with court president, the process "showed official duties. Both charges were filed by the
Muhammad’s predecessor, Justice to anybody, no matter his judgments. We must collectively a brazen external intrusion and Fully dressed in the official office of the Attorney General
Walter Onnoghen. position in the society." show the desired commitment interference in the disciplinary robe, Justice Ngwuta was sighted of the Federation (AGF).
The highlight of yesterday’s The CJN, however, admitted to the full enthronement of the processes of the judiciary in a yesterday among other justices On March 23, 2018, the Federal
event was the inauguration that the judiciary cannot enjoy rule of law in the land. manner that undermine its of the court at the inauguration High Court upheld his challenge
of 38 new Senior Advocates or know true independence if it "As we all know, flagrant independence and by extension, of new SANs in the Supreme of the competence of the charge
of Nigeria (SANs), amongst has to beg for funds to run its disobedience of court orders the rule of law. Court’s ceremonial courtroom. and discharged him.
whom are the Solicitor-General office, as the current situation or non-compliance with judicial "The process was not only Justice Ngwuta, now one of Justice John Tsoho, in a ruling,
of the Federation and Permanent portrays. orders is a direct invitation to contrary to the provisions of the most senior Justices of the relied on the Court of Appeal
Secretary, Federal Ministry of He said: "It is like saying a anarchy in the society", he stated. our law but also degraded and Supreme Court, has not sat in decision in the appeal by Justice
Justice, Dayo Apata; wife of cow is free to graze about in While stressing that such acts desecrated the hallowed dignity open court since November 4, Hyeladzira Nganjiwa (of the
a justice of the apex court, the meadow but at the same are antithetical to the rule of law that is attached to the office of 2016 following a directive by Federal High Court) and held
Adedoyin Rhodes-Vivour, and time, tying it firmly to a tree. in a democratic environment, Chief Justice of Nigeria." the National Judicial Council that it was wrong to subject
Ebun-Olu Adegboruwa. Where is the freedom?” Muhammad said the Supreme Also speaking, the Attorney (NJC) that judicial officers being Justice Ngwuta to trial before
However, standing out among The CJN appealed to Court under his watch would, General of the Federation (AGF) investigated on corruption- his court without first subjecting
those who graced the occasion governments at all levels to "free however, not tolerate it. and Minister of Justice, Abubakar related allegations should him to the disciplinary procedure
was Justice Sylvester Ngwuta the judiciary from the financial Also, President of the Nigerian Malami (SAN), called on justices cease to perform their judicial of the NJC.
who returned to the Supreme bondage it has been subjected Bar Association (NBA), Paul of the Supreme Court not to functions until the conclusion On May 15, 2018 the CCT also
Court three years after he to over the years.” Usoro (SAN), decried the poor bow to the pressures of different of investigation. ruled in a similar manner and
stepped aside to face trial for "Let it not just said to be remuneration of judicial officers, political actors, irrespective of He was one of the two struck out the charge against
corruption. independent but should, in noting that "we betray our any irregularity that might justices of the Supreme Court Justice Ngwuta.
But Muhammad, in his speech words and actions, be seen to vaunted fight against corruption have occurred in the course of whose houses were raided by Since the last decision by
on the state of the judiciary be truly independent. We would in the judiciary and public dispensing justice by different operatives of the Department the CCT, Justice Ngwuta has
delivered yesterday, said though not like to negotiate our financial sector when we remunerate our election tribunals. of State Services (DSS) between not resumed normal judicial
he might have assumed office independence under any guise," judicial and public officers most “It is important that this court, October 7 and 8, 2016. functions. He has not been
as CJN, "after the unfortunate he said. inadequately as we currently do.” as a final arbiter, remains just and He is the third most senior sighted sitting as a member of
events that shook the Nigerian The CJN also used the He appealed to stakeholders to resolute in resolving all issues judge on the bench of the any panel of the court either.
judiciary to its foundation," he occasion to stress the need for review upward the compensation presented before it. apex court behind Justice Bode However, the CCT overruled
was determined to leave behind all to adhere to the tenets of the packages of the judicial officers He said, in the last legal year Rhodes-Vivour. itself on this precedence in the
a justice system that would be rule of law at all times to avoid at all levels as a step towards the administration of justice The DSS had claimed that it case of Justice Onnoghen.
the pride of all. a situation of anarchy and also eliminating corruption in the received boosts in the areas of found hard currencies believed Onnoghen was found guilty
Speaking on the independence preserve the nation's democracy. judiciary. Anti-Corruption Policy Drive to be proceeds of corruption in and convicted of false asset
of the judiciary, Muhammad "The rule of law, which is the Usoro similarly tasked the (which successfully introduced his residence. declaration in April – without
said: "The Nigerian judiciary, to bastion of democracy across the judiciary not to relent on efforts zero tolerance to corrupt practices He was asked to step aside discipline or recommendation
a large extent, is independent in world, will be strictly observed at ridding itself of any corrupt and entrenched integrity and from his duties, though his salary by the NJC.

NERC PROBES ALLEGED POWER RE JECTION BY DISCOS


from the daily nominations.” Executive Director, Research and falsifying data that conflicts the energy that it delivered to otherwise. The Nigerian Electricity spent $1.6 billion. Words are
According to Momoh, the Advocacy, Mr. Sunday Oduntan, with the data presented to Discos the Discos. How could TCN’s Supply Industry (NESI) continues usually cheap, and anybody
NERC has “no choice and we said the analogue system of the by the National Control Centre supposedly sent-out or delivered to deal with, largely, a TCN can say things to their desire
will get into it.” TCN had caused inefficiencies (NCC) which is under TCN and energy exceed that recorded by that finds it difficult to move but let the Discos show prove
But the timeline for resolving and 5,311 interface disruptions coordinate power allocation to its control centre, the singular away from a PHCN-legacy of that we have spent $1.6 billion.
the challenges would depend on in the first 18 days of September. Discos. source for such information?” uncleared equipment containers, “Let them prove the
the project timeline the Discos It also added that despite $1.6 “While TCN headquarter data While urging the TCN to focus analogue-based and informal expenditure and numerous
and TCN presented to NERC. billion multilateral funding of published on September 20th, on improving its network, ANED communications systems and collapses. It is ignorant of them to
“We discovered that if the TCN, its equipment has caused 2019, shows 19,173 megawatts said except for February 1, 2016, frequent explosions and burnings make such claims and that shows
interface challenge is resolved, over 100 electricity grid collapses (MW) of energy was delivered when TCN wheeled 4,557MW, of transmission sub-stations and they actually do not know how
we will be able to release 3,800 since privatisation in 2013 and to Discos between August 22nd it has never wheeled sufficient transformers,” it added. the procurements for transmission
megawatts of the stranded power nine collapses this year. and 24th of 2019, the NCC data energy to meet the Disco’s energy But in a swift response, the infrastructure is done in the
to the grid,” he added. ANED said it was responding actually shows it was 13,963MW,” off-take assumptions specified General Manager, Public Affairs of TREP. The multilateral funds
Meanwhile, the Discos through to a recent TCN report that the ANED stated. under Multi Year Tariff Order the TCN, Mrs. Ndidi Mbah, said have been secured but we have
their trade association – the Discos misrepresented crucial It said there was a difference of (MYTO) 2015. ANED was ignorant of the TREP to go through procurement on
Association of Nigerian Electricity power evacuation and distribution 5,208MW data within the same “Despite TCN saying it is procurement processes and that each of the transmission projects
Distributors (ANED), said the data, adding that contrary to company. implementing its Transmission the TCN had not spent $1.6 billion that they cover and so far, we
TCN still used analogue system TCN’s claims, the Discos have It said: “It raises questions as Rehabilitation Expansion as claimed by the association on have only done that for the
to run the grid. not rejected energy load. to the veracity and accuracy of Programme (TREP) with the transmission infrastructure. Abuja project. These processes
ANED in a statement from its It also accused TCN of TCN’s response in terms of $1.6 billion fund, the reality is Mbah said: “We have not take time.”
TUESDAY SEPTEMBER 24, 2019 ˾T H I S D AY 9

NEWS Group News Editor Ejiofor Alike


Email Ejiofor.Alike@thisdaylive.com, 08066066268

Briefing You Publicly Jeopardises Security


Operations, Defence Chief Tells House
Service chiefs give update of security situation
Shola Oyeyipo in Abuja noted that: “It is understandable to represent us. These are the reasons I have earlier stated. with insurgency and terrorism the changing operational
that there must be some concerns senior officers who coordinate We hold the National Assembly for many years now. Indeed, the situation and tactics of the
The Chief of Defence Staff (CDS), about the security situation in all operational matters at the in the highest regard and wish to counter-terrorism and counter- insurgent terrorists. We have
General Gabriel Olonisakin has the country. We are here to listen various service headquarters express our appreciation for your insurgency operations in the achieved better integration of
told the House of Representatives to those concerns that you have, and are adequately qualified support and encouragement. North-East predate the current our land and air power, as
that the top hierarchy of the that you need to express to us to respond to to your questions. “With respect to the security administration of His Excellency, well as greater coordination
Nigerian security architecture and address, of course with your “I wish to put on record that situation in the North-East, President Muhammadu Buhari. with other security and
is not favourably disposed to support. contrary to insinuations, our especially Borno State, we “Despite the challenges intelligence agencies through
divulging military strategies “However, I need to state inability to be here on Friday are all aware that the Armed we are facing, we have regular, strategic meetings at the
so as not to compromise its that military and operational was not a deliberate act to Forces in collaboration with made appreciable progress. highest level of commands and
operations and endanger the strategies are not usually disrespect the institutions of the other security and intelligence The Armed Forces continue down to the chains of
lives of troops on the battle field. discussed in open forums National Assembly but due to agencies have been contending to re-strategise to address commands.”
Also the Speaker of House such as this, because we may
of Representatives, Hon. Femi inadvertently be giving valuable
Gbajabiamila, has told the Service information to the adversary
Chiefs that the giant strides through such discussions.
they had recorded in the war This could compromise our
against insurgency seem to be ongoing operations, put the
retrogressing. lives of our troops at greater
Olonisakin made the risk and jeopardise future plans.
clarification yesterday when “I will therefore crave the
the Service Chiefs eventually indulgence of the House
honoured the invitation of the leadership to allow us to listen
leadership of the House. to your concerns, observations
However, the service chiefs and suggestions, and get back
briefed the lawmakers on the to you in a more appropriate
efforts to tackle insecurity in forum. I thank you for your
the country. time and your support.”
The obviously miffed “I need to add that as the
Gbajabiamila, had postponed Chief of Defence Staff, my
a meeting with the Service inability to be here in person
Chiefs slated for last Friday last week Friday was due to
following the non-appearance an equally urgent interaction
of the Security Chiefs. at the Presidency, while the
In his speech at the meeting Chief of Army Staff was out
held in Room 301, House of of the country at that time. That
Representatives wing of the notwithstanding, our various
National Assembly, Olonisakin chiefs of operations were here

CJN Swears in 38
Senior Advocates YOUR LORDSHIP…
Vice President Yemi Osinbajo (left), with the Chief Justice of Nigeria, Justice Ibrahim Tanko Muhammad, during the Supreme Court’s
Alex Enumah in Abuja Committee amongst others. Special Session for 2019/2020 Legal Year in Abuja...yesterday
“As Senior Advocates of
The Chief Justice of Nigeria Nigeria, you carry on your
(CJN),
Muhammad,
Justice Ibrahim
yesterday
inaugurated 38 Senior Advocates
shoulders a lot of responsibilities.
From this moment, your
behaviour and general conduct
Fire Guts Unity Bank Headquarters in Lagos
of Nigeria (SAN) with a charge will now be publicly criticized Chiemelie Ezeobi evacuated and emergency to impede the spread of fire is being assessed, we are
by all those who come in contact response was activated, a through walls, floors and happy to note that there was
on them to display a high sense move that helped to limit partitions. no casualty or loss of life as
of integrity always and be good with you. There is nothing like An early morning fire
private life for you anymore, as yesterday gutted some floors the extent of the damage. Reacting to the incident on a result of the incident. From
example to junior lawyers in With the help of the their Twitter handle, the bank current observations, however,
the country. everything you do or say will be of Unity Bank headquarters
openly displayed and dissected in Victoria Island, Lagos. Federal Fire Service, Lagos said: “We regret to inform the the banking hall and other
The CJN reminded the State Fire Service, the Lagos public that there was a fire strategic business areas were
SANs that the rank of Senior in the public domain. Although no life was lost,
“Watch what your utterances, THISDAY gathered that State Emergency Management incident on one of the floors not affected.
Advocate of Nigeria comes with Agency (LASEMA) and other of our Head Office building “We are grateful to all
immense prestige and greater watch your actions and watch the fire emanated from the
your company because you have bank’s network server, which responders, the fire was early this morning. the agencies and volunteers
responsibilities and as such contained, but not before it “The cause of the fire that supported in bringing
should not be taken for granted. already assumed the role of triggered an electrical surge.
Ministers of the Court as you Banking activities were had burnt the last four top incident is yet to be ascertained the incident under control.
In a speech at the inauguration floors of the 10-storey building. but the fire service has Further developments
of the new senior advocates at are now expected to assist the said to be going on when the
court to attain justice, equity smoke was detected and sent THISDAY gathered that intervened and has brought regarding the incident will
the Supreme Court complex Lagos State Fire Service did the situation under control. be communicated as it
Abuja, Muhammad, however, and fairness in all ramifications. everyone into panic mode.
“You must display enormous The staffers were quickly the first and second damping “While the extent of damage unfolds.”
warned that the apex court
would however not tolerate integrity, self-discipline and
conduct and attitudes that seem
to put the legal profession in a
high standard of advocacy as
custodians of justice”, he said. Police Arrest Seven Dismissed Soldiers, 81 Others
negative light. The CJN further advised them
Among the newly inaugurated
include Solicitor General of the
not to feel that they have arrived
and thereby become casual
for Robbery, Cultism
Federation and Permanent visitors to courtrooms, warning Chiemelie Ezeobi paraded the suspects at the of his black Lexus car RX330 “The suspects confessed to
Secretary of the Federal Ministry that the leadership of the apex Police Officers Mess in Ikeja, at gunpoint. be responsible for series of
of Justice, Dayo, Apata; wife of court would not tolerate any The Lagos State Police said the soldiers were arrested “It was on the strength robberies within Ijegun and
Supreme Court Justice, Adedoyin form of misconduct. after the command received of those complaints that its environs; and the suspects
“I have stated severally Command has arrested 88
Rhodes-Vivour and Ebun-Olu distress calls from residents we tasked our Special will be charged to court.”
Adegboruwa amongst others. that lawyers must desist from suspects for various acts of
Muhammad congratulated the practice of filing needless criminality, including seven of Ijegun and environs about Anti-Robbery Squad (SARS) In another development, the
the conferees, noting that it is appeals at the Court of Appeal dismissed soldiers, who their illegal activities. operatives to identify the gang CP said the command arrested
a well-deserved honour, having and Supreme Court. Let it be allegedly raided and robbed The dismissed soldiers were and apprehend them. 18 notorious traffic robbery
emerged successful from among known that the Supreme Court in military uniforms. identified as Ndidi Oluchukwu, Members of the robbery suspects, who specialised in
the 117 that applied for the will henceforth be unsparing According to the police 30; Owolabi Adeyemo, 42; gang were arrested at Ijegun, snatching phones, money
position in 2019. in punishing blatant abusers command, a breakdown of David Olufemi, 47; Samuel Baruwa Estate, Ipaja, Iyana- and other valuables from
He disclosed that 80 applicants of court processes. the figure signified that 40 Iseyin Israel, 41; Emeka Ibeh, Ipaja, Isashi and Ikotun areas unsuspecting members of
emerged after the preliminary “I need to state clearly that any were armed robbery suspects, 29; Samuel Anochime, 36, and of Lagos State. the public, mostly in traffic
screening while the list was later lawyer who does not adhere to 29 were cultists and 19 were Ebedo Stephen, 27. “Investigation revealed that gridlocks.
pruned down to 38 after the the time-honoured dress code murder suspects, just as 19 According to him, “One of the suspects are dismissed The suspects, who operated
conduct of specified screening of legal practitioners will not be firearms and 51 rounds of live such incidents happened on soldiers, and items-12 pairs of mostly on motorcycles, were
carried out by justices of the apex allowed to appear in court. Such ammunition were recovered February 18at about 4.35p.m. military camouflage uniforms, arrested, and one locally-made
court, Nigerian Bar Association attitude is capable of eroding the while 31 armed robbery where a commuter, who was two cutlasses, ATM cards, pistol, one tricycle, five Bajaj
(NBA), Body of Senior Advocate prestige and respect accorded to attempts were foiled. traveling to Ibadan from Ijegun, military ID cards, jackknives, a motorcycles, two cutlasses and
of Nigeria, general public and lawyers worldwide”, the CJN The state Commissioner of was accosted by the said armed female pant, and locally-made two phones were recovered
the Legal Practitioners’ Privileges added. Police, Zubairu Muazu, who robbers who dispossessed him ring-were recovered from them. from them.
10 TUESDAY SEPTEMBER 24, 2019 • T H I S D AY
TUESDAY SEPTEMBER 24, 2019 ˾T H I S D AY 11

NEWS

Zamfara Gov Accuses Politicians of


Recruiting Boko Haram to Attack State
Kingsley Nwezeh in Abuja This is coming as the state by using Boko Haram to the state. government areas of the state drivers of commercial vehicles
clampdown on fleeing terrorists launch attacks on seven local “They are intending for and in other strategic places and motorcyclists in the state
The Governor of Zamfara State, in the North-east paid off governments of the state. sinister and personal gains, within the state capital. to be more security conscious
Bello Mohammed Matawalle, with the arrest of five fleeing He said intelligence reports collaborating with dispersed “According to the report and vigilant while carrying out
has raised the alarm that insurgents and their logistics indicated that the attacks elements of Boko Haram, to two important personalities their legitimate businesses and
politicians in the state were suppliers. were targeted at seven local launch series of attacks on of the state are also targeted report any suspicious movement
recruiting Boko Haram fighters Matawalle said the politicians government areas and other innocent and peace-loving for elimination should this of persons, groups or goods to
in order to destabilise the state. were planning to destabilise the strategic places in the state. people of the state in order dastardly act succeed”. the security agencies in the state.
A statement signed by the to scuttle the relative peace It said the targets of attack In another development,
Director of Press, Idris Gusau, being currently enjoyed as a include Gusau which doubles an update on the war against
SGF: Buhari Working said two important personalities
were targeted for elimination.
result of the peace and dialogue
process initiated by the present
as the state capital, Tsafe, Talata
Mafara, Anka, Zurmi, Maru and
insurgency released by the
Nigerian Army, said five key
He said the recruited terrorists administration,” the statement Maradun. terrorists and logistics suppliers
Hard to Improve Lives were to launch attacks between
September 23 and 25.
said.
He added that the governor
Other strategic places targeted
are Gusau Central Mosque and
were apprehended in the
course of “Operation Positive
“Zamfara State Government had decried the unpatriotic Gusau Mammy Market where Identification,” launched to track
of Nigerians under the leadership of His
Excellency, Governor Bello
disposition of some politicians
who plot to visit the state with
soft targets are known to gather
both at day and night.
down fleeing insurgents from
the North-east.
The Secretary to the “Nigeria’s leaders since Mohammed wishes to announce destruction. The governor appealed The operation required
Government of the Federation then have made varied that it is in possession of credible “According to the to the people of state not to residents and travellers in the
(SGF), Mr. Boss Mustapha, has contributions to building our intelligence reports suggesting intelligence report, the cruel panic as security measures were North-east to identify themselves
assured Nigerians of President nation state. that some disgruntled politicians and mischievious elements already in place to forstall such using valid identity cards,
Muhammadu Buhari’s “Above all, efforts have of the state origin are making have perfected plans to launch eventuality. international passport, voters’
commitment to improving been made to ensure that clandestine moves to destabilise the attacks in seven local He specifically appealed to card and national identity card.
their lives. the country remains united
Mustapha gave the despite diverse challenges,
assurance yesterday in Abuja, which are not unexpected in
at a news conference organised a multicultural society such
by his office to highlight some as ours.
of the key activities to mark “Independence Day for
Nigeria’s 59th Independence us is a joyous occasion, but
Day Anniversary. also a sobering one because
Represented by Mr. Gabriel we are beset with a lot of
Aduda, Permanent Secretary, developmental challenges
Economy and Political Affairs looking at how far we have
Office, SGF office, Mustapha come.
said the struggle for Nigeria’s “Ideally, we should be far
independence from its ahead of where we are right
inception was not an easy one now as a people, but never the
According to him, it was as less President Muhammadu
a result of intellectual prowess, Buhari’s administration is
patriotic zeal, as well as the not sitting on its oars. “But
love of country that enabled working to ensure better
our forebears to succeed in livelihoods for the Nigerian
their struggle. people, “ he said.

UN Appoints Dangote,
Adesina to Battle Global CELEBRATING A SENIOR LAWYER…
L-R: Recipient of the prestigious rank of Senior Advocate of Nigeria (SAN), Mr. Paul Harris Adakole Ogbale; Governor Aminu Waziri
Malnutrition Tambuwal of Sokoto State; wife of a former Governor of Benue State, Gabriel Suswam; and her husband, during a reception
organised in honour of the new SAN in Abuja...yesterday
The United Nations has released by SUN to this
appointed Africa’s richest man
and President of Dangote Group,
Aliko Dangote, and President of
effect, the leaders will meet on
September 24 to take a decision
on the continuation of the SUN
Tribunal Reaffirms Sanwo-Olu’s Victory,
the African Development Bank, Movement into its third phases
Dr. Akinwunmi Adesina, as part
of 27 global leaders to combat
(2021-2025).
The leaders will also make
Dismisses LP’s Petition
malnutrition across the world. commitments to achieve its An Election Petition Tribunal mental incompetence against It held that its earlier decision “We confirm the return of
The appointment was made objectives – looking toward sitting in Lagos State yesterday Sanwo-Olu in their evidence to dismiss the petition, which Babajide Sanwo-Olu as the duly
by the Secertary-general of the 2020 Tokyo Nutrition for dismissed a petition filed by the before the tribunal. was later appealed by the elected Governor of the State,”
the United Nations, António Growth Summit. Labour Party and reaffirmed The News Agency of Nigeria petitioners, was still valid Asua said.
Guterres, as part of the The Cable reported that one Mr. Babajide Sanwo-Olu as the (NAN) reported that the because the petition was not Earlier, the tribunal had
Scaling Up Nutrition (SUN) in three people suffer from duly elected Governor of Lagos three-man panel of judges filed according to the laws struck out the names of the
Movement committed to malnutrition the world over State in the March 9 polls. led by Justice TT Asua, in its governing the electoral laws. fourth to seventh respondents
fighting malnutrition in all and 149 million girls and boys The tribunal described three-hour judgment, held “The petitioners have failed (The Resident Electoral
its forms. are stunted, a trend the group the petition as a “futile and that the petitioners also failed to meet the requirement of Commissioner for Lagos State
According to a statement is set up to stop and reverse wasteful exercise”, noting that to prove their allegations of the law. The petitioners have INEC, Returning Officer for
the petitioners (LP and Ifagbemi election malpractice against failed in our humble view to Lagos State Governorship
Awamaridi, its governorship Sanwo-Olu and his party, discharge the onus of proof Election, the Commissioner
You ‘ve Nigeria’s Strong Backing, candidate in the election) could
not prove their allegations of
the All Progressives Congress
(APC).
which would have been placed
on the Respondents.
of Police in Lagos State and
the Nigeria Army).

Buhari Tells UNGA President Gunmen Abduct 13 Persons in Kaduna


Omololu Ogunmade in Abuja received by the whole world. It
was a unanimous support, and John Shiklam in Kaduna shooting sporadically which confusion as people started called on the Kaduna State
President Muhammadu Buhari the global community received caused pandemonium, as people running for safety. Government and security
yesterday in New York paid a you well. That support puts Thirteen people were reportedly were running helter-skelter for He said at the end of the agencies to come to the aid
courtesy call on the President heavy weight on you, and I abducted in two communities safety. attack, which lasted for less of the communities before
of the 74th United Nations wish you well,” Buhari was on the notorious Kaduna-Abuja “They came at about than 10 minutes, the bandits they are dislodged by bandits.
General Assembly (UNGA), quoted as saying.. road. 10:00p.m. on Saturday and abducted six people from the Spokesman of the state police
Prof. Tijjani Muhammad- According to the statement, The two communities namely: started shooting. People communities. command, Mr. Yakubu Sabo,
Bande, assuring him of in his response, Muhammad- Begiwa-Kaso and Dutse were started running for safety. They According to the eyewitness, did not respond to telephone
Nigeria’s backing. Bande said he was delighted said to have been raided by abducted seven people while several communities on the calls and text messages sent
The president, according to to receive the Nigerian the bandits last Saturday and some others were injured in Kaduna-Abuja road are being to him.
a statement by his spokesman, President, “along with your yesterday respectively. the process,” he said. terrorised by kidnappers on a Kaduna is one of the states
Mr. Femi Adesina, said Buhari team of professionals and A community leader in In Dutse village, the bandits daily basis. facing serious security challenges
told Muhammad-Bande that politicians.” Begiwa-Kaso, who spoke on the were said to have invaded the He added that many people occasioned by high rate of
he bore a heavy weight on He quoted him as saying, incident in his village, said the community in the early hours have abandoned their farms kidnappings and banditry,
his shoulders, adding that “Your nominating me for this incident occurred last Saturday of yesterday. for fear of being abducted by especially on the Kaduna-Abuja
Nigeria was solidly behind position is the greatest honour at about 10:00p.m., adding that An eyewitness said the gunmen, noting that many road and the Kaduna-Birnin
him in the onerous task. I can have. The support from they were in a large number. community was awoken by others have relocated to other Gwari road as well as endless
“I sincerely congratulate Africa and the world has been He said the hoodlums started sounds of gunshots at about places. attacks on many communities
you. Your election was well outstanding so far.” 3:00a.m., leading to fear and The source, therefore, in the state.
12 TUESDAY SEPTEMBER 24, 2019 • T H I S D AY
TUESDAY SEPTEMBER 24, 2019 • T H I S D AY 13
14 T H I S D AY ˾˜ͰͲ˜Ͱͮͯͷ

COMMENT Editor, Editorial Page PETER ISHAKA


Email peter.ishaka@thisdaylive.com

PCA: WHY SENIORITY SHOULD PREVAIL


Judicial precedence favours seniority in appointments to high offices, writes Juliana Adekwagh

H
on. Justice Monica Dongban-Mensem is the Monica Dongban-Memsem that was not on a list prepared
next most senior judicial officer in the Court by the National Judicial Council (NJC) appeared overnight
of Appeal. As Justice Zainab Bulkachuwa’s for consideration for appointment to the Supreme Court.
tenure as President, Court of Appeal (PCA) It should be known that twice, Justice Dongban-Mensem’s
comes to an end in a few months, judicial name was picked for elevation to the Supreme Court but
precedence dictates that the most senior powerful forces did not allow her to enter the Supreme
Justice, Court of Appeal, Justice Dongban-Mensem will be Court. It therefore, becomes suspicious, the recent love for
nominated by Justice Bulkachuwa to the National Judicial her and desire to make her a justice of the Supreme Court.
Council for the position. Surprisingly, the reverse appears to It will be quite unwise for her to go to the Supreme Court
be playing out. Insider accounts reveal schemes to block her to be Number 18. Her juniors in the Court of Appeal had
from ascending the top position. If Justice Dongban-Mensem been promoted to the Supreme Court at her expense years
goes to the Supreme Court as is being speculated, it means ago.
she is totally ruled out of contention as PCA and Justice Justice Ayo Salami who Justice Bulkachuwa took over
Bulkachuwa can then anoint who she pleases to the office. from was the most senior in his time. Justice Umar Abdul-
This will be standing judicial precedence on its head which lahi was equally the next in command when he became
favours seniority in appointments to high offices. One is left PCA.
to wonder why the PCA is hell bent on side stepping her So seniority has always been the deciding factor over the
second-in-command and a fellow woman for that matter to decades across the diverse judiciary strata in ascending the
step into her shoes! highest office.
Feelers however reveal that since she was made PCA,
Bukachuwa uses command and control leadership style, That of Justice Dongban-Mensem of the Court of Appeal
leaving little or no room for the judicial officers to operate should not be different. Indeed, she is one of the finest
freely. justices this country has ever produced and a woman of
Curiously, Justice Bukachuwa, a model of women eman- great wisdom and sterling character. Over the decades,
cipation while recusing herself from the Presidential Appeal she has demonstrated great commitment to service. The
panel rather than nominate the Justice next in rank (who is a judiciary and indeed Nigeria as a whole will suffer a huge
female) as a way of keeping faith with her gender, skipped loss if regional, tribal and religious sentiments are allowed
the number two person and brought on board a male, Justice to affect her elevation.
Mohammed Garba.
The judiciary is a profession that gives much consideration My advice to Justice Bulkachuwa is to have consideration
to seniority. Hon. Justice Tanko Mohammad is Chief Justice for the Court of Appeal and entrust it in the best of hands
of Nigeria (CJN) today because he was the next most senior available as she takes her bow. She should let the process
jurist at the time the erstwhile CJN Walter Onnoghen resigned of succession the judiciary is known for take its course.
from the office. Clumsy as the whole affair was, Muhammad Needless for her to stir the hornet’s nest.
had to be CJN because of the seniority factor. The judiciary is the only institution that gives Nigerians
For 41 years, no Christian has been PCA. Since the late hope. It is the last hope of the common man. It should not
Hon Justice Daniel Onuorah Ibekwe (PCA 1976-1978), it has THE JUDICIARY IS THE LAST HOPE OF be desecrated by power mongers who are imbued with
been Muslims from North-east and North-west heading the THE COMMON MAN. IT SHOULD NOT BE petty jealousy, sectionalism, bigotry, animosity and ill-will.
appellate court. Can we call this a coincidence? I suspect there DESECRATED BY POWER MONGERS WHO The CJN must critically watch what is happening under
is a thick plot designed to make only a particular group of ARE IMBUED WITH PETTY JEALOUSY, him. He should get to the bottom of how Justice Dongban-
people to occupy that position. The Christian Association of Mensem’s name found its way onto the list of justices
Nigeria (CAN) must look into this. SECTIONALISM, BIGOTRY, ANIMOSITY AND nominated for appointment to the Supreme Court.
The CJN should investigate how the name of Justice ILL-WILL Adekwagh works in a law firm in Makurdi

VYING TO PREVAIL
Diyyam Warru writes that the PDP’s Presidential candidate Atiku Abubakar should join hands with others to build the nation

D
emocracy provides avenues defeated contestant, Atiku Abubakar. It calls seek lawful redress of perceived election of his supposedly embattled presidential
for citizens to choose their for a conscientious refocusing of attention “injustice”. This is a mark of mature political “victory” was being decimated in Abuja
leaders among those who and resources towards consolidating the leadership that sets the right example in was itself a departure from his VP days of
rose to leadership status peoples expressed desire for common resolve an arena frequently infested with warlords “gallantry” in face-to-face exchange of hostili-
and present themselves for to strengthen the capacity of the elected instead of statesmen, pushing the frontiers ties with his famous boss who, incidentally,
election into political offices government of the day to deliver more of political ambition to the realm of empire elevated him from a governorship candidate
at various levels. The judicial arm of the dividends of democracy by endorsing its building. to presidential running mate!
government seamlessly creates opportunities entitlement to a second term. The logical next level in the former VP’s The former VP is clearly in no shape to
for the review and adjudication of disputed While it lasted, the protracted legal tussle legitimate quest for political fulfilment as an contemplate 2023 except perhaps as a keen
election results to conclude the electioneering over the declared outcome of the presidential elder statesman eager to provide leadership onlooker. What is best for him is to devote
process. Thereafter, the spirit and ethics elections witnessed declining interest of should be in the re-evaluation of the way what remains of his physical energy and
of democracy, with a fixation for good the generality of Nigerians, especially the forward. His compass should be pointing political reputation to redeem his hitherto
governance and the overriding interest of the majority pre-occupied with daily struggle for ahead to 2023, but his mind must be fixed tenable claim to political astuteness and elder
polity, requires leaders and the led, elected livelihood, even as the detached constituency on today and now because his future statesmanship, so that he might rewrite what
and unelected, to revert to common ground of urban elite, mainly politicians, lawyers prospects are critically rooted in current is already in the political domain. That will
of good citizenship, where all and sundry and media managers, busied themselves political dynamics. It must be obvious that entail shaking off his ill-fated 2019 presi-
rally round the government of the day, in prospecting proceedings for isolated group the pursuit of legal entitlement to seek dential bid and all its figments of political
service to the nation, irrespective of parochial interests. Several months after the Buhari post-election presidential anointment was a futility. He should henceforth be devoted
affiliations. administration was firmly on ground and wild goose chase and a frittering away of to the noble intent of the ethics and spirit of
With the successful conduct of the 2019 forging ahead, the whole election petition precious strategic avenues to a softer 2023 democracy, whereby failed political leaders
general elections and the emergence of saga paled into insignificance as reflected landing. Approaching the Supreme Court is revert to the common ground of exemplary
President Muhammadu Buhari as the choice in the widespread public indifference to still the same post-election effort to become statesmanship and rally round the popularly
of the electorate, the main loser and PDP the verdict of the election petition tribunal. a president by court declaration that the re-elected President Muhammadu Buhari and
Candidate, former Vice President Atiku Public interest and concern had definitely Presidential election petition tribunal judges his administration in service to the people of
Abubakar, who sought fulfilment of his shifted to the unfolding highlights of the wisely found to be unmerited. Nigeria.
ambition by judicial process, where a panel much-anticipated “next level” of the re- The question is: what is Atiku Abubakar’s The former vice-president now has a
of judges replaces the electorate, abandoned elected administration, away from what had political status today? For this question to rare opportunity to earn the redeeming
the democratic process. The justices become another misstep in the ambitious arise at all amounts to a candid indication of reconsideration of the people of Nigeria that
unanimously found no basis in his petition strides of former VP Atiku Abubakar. how the mighty have fallen! A presidential his entire political career was not motivated
to confer on him by judicial fiat what the As a veteran politician and presidential candidate is on a higher pedestal than a by an inordinate ambition to be President of
electorate denied him through the ballot box. contestant with a widely acknowledged defeated presidential candidate who is still Nigeria by ballot or gavel! He cannot con-
Though the judicial process leaves the keen interest in the unity, peace, progress a caliber higher than a defeated presidential tinue to distance himself from constructive
petitioner with the option of seeking the and development of Nigeria, former VP candidate who also lost his election petition. contribution to the continuing task of moving
Supreme Court’s final intervention, political Atiku Abubakar’s political astuteness ought Merely looking around his environs depicts the nation forward to overcome prevailing
wisdom counsels sober acceptance of the to preclude falling prey to opportunism or the certainty of diminishing turn out of all challenges impeding peace, progress and
unanimity of the justices’ decision that the ingratiating overtures of “loyalists”. He but the most tenacious of hangers on, out development, as mature political leaders and
the validity of President Buhari’s election has done the needful to the extent of putting for more to hang onto. That Atiku Abubakar patriotic elder citizens have always done.
outweighs the gravity of the petition by the up a robust effort to exercise his right to had to hang out in Dubai while the fate Warru wrote from Jimeta
T H I S D AY ˾ TUESDAY, SEPTEMBER 24, 2019 15

EDITORIAL
CHILDREN IN MILITARY DETENTION
Children detained without criminal offence should be released

T
he recent allegation that the Nigerian However, the accounts by some former children
military confined and abused thou- detained in military facilities in the north-east seem
sands of children who had fled from to corroborate the human rights body. The victims,
their Boko Haram captors was both particularly women, alleged being subjected to serious
awful and shocking. The said abuse, forms of abuse by guards in the camp. They also
according to the United States-based described the environment where they were held as
Human Rights Watch (HRW), took unsuitable for human habitation as they were made
place between January 2013 and to sleep in crowded, hot rooms without bedding or
March 2019. Nigerian soldiers were alleged to have mosquito nets.
detained over 3,600 children, including 1,617 girls,

M
for suspected link with Boko Haram. The inhuman ost of the allegations in the HRW report
treatment is thwarting the goal of protecting and de- have also been confirmed by a story in
radicalising these young people and is now reportedly Washington Post where seven children,
breeding resentment. held in some of these military facilities in
In response, the military authorities have dismissed Borno State, described the abuses to which they were
the 56-page report as false. In the rebuttal made by subjected. Some of them alleged spending close to 15
the Acting Director Defence Information (DDI), Col months in military custody before being released to
Onyema Nwachukwu, the military said that only internally displaced persons (IDP) camp in Maiduguri
profiled terrorists belonging to the Islamic State for West last year. They also gave account of how no fewer than
Africa Province (ISWAP) and Boko Haram were held in 200 people were crammed into one expansive room filled
its detention facilities with human waste. Some alleged inability to eat as a
THE MILITARY and not children. result of seeing maggots crawling in their soup.
AUTHORITY SHOULD “Apprehended We are not unmindful of the challenge faced by the
RESPECT THE RIGHTS children are kept in military as it battles attempts by the ISIS remnants. In
OF THEIR SUSPECTS, secured places, where the face of pushback from its present areas of operations,
they are adequately the extremist group is looking for territories where it
ESPECIALLY WOMEN fed, profiled and could establish a base to further carry out its dastardly
AND CHILDREN de-radicalised before T H I S DAY
international terror. The militant group with perhaps the
EDITOR BOLAJI ADEBIYI
their release,” Nwa- DEPUTY EDITOR YEMI AJAYI, DAVIDSON IRIEKPEN, most brutal version of Islamic rule must not be allowed to
MANAGING DIRECTOR ENIOLA BELLO
chukwu said, adding, “the children are provided with DEPUTY MANAGING DIRECTOR KAYODE KOMOLAFE gain a foothold in Nigeria or anywhere on the continent
regular feeding, clothing, requisite medical attention, CHAIRMAN EDITORIAL BOARD OLUSEGUN ADENIYI littered with angry millions of youths bereft of opportu-
EDITOR NATION’S CAPITAL IYOBOSA UWUGIAREN
in-house spiritual and educational tutoring and other MANAGING EDITOR JOSEPH USHIGIALE
nities. But fighting ISIS or their affiliates should not be an
welfare needs.” excuse to subject innocent children to brutalities.
The military said troops arrested some of the children The scale of the abuse reported by HRW is both
while attempting to detonate and provide subterranean T H I S DAY N E W S PA P E R S L I M I T E D disturbing and unhelpful. It can engender poor relations
support for insurgents as mole that gather intelligence EDITOR-IN-CHIEF/CHAIRMAN NDUKA OBAIGBENA between the military and the local population and by
GROUP EXECUTIVE DIRECTORS ENIOLA BELLO, KAYODE KOMOLAFE, extension compromise the effort to battle insurgency
on troops’ movement and deployments. It added ISRAEL IWEGBU, IJEOMA NWOGWUGWU, EMMANUEL EFENI
that terror suspects were held in detention facilities DIVISIONAL DIRECTORS BOLAJI ADEBIYI, PETER IWEGBU, in the north-east where thousands of Nigerians have
pending prosecution since the armed forces was not ANTHONY OGEDENGBE been killed and more than two million people displaced.
DEPUTY DIVISIONAL DIRECTOR OJOGUN VICTOR DANBOYI
vested with the power of prosecution. It also added that SNR. ASSOCIATE DIRECTOR ERIC OJEH We call on the military authority to respect the rights of
apprehended children were kept in secure places where ASSOCIATE DIRECTORS PATRICK EIMIUHI, SAHEED ADEYEMO their suspects, especially women and children. We also
CONTROLLERS ABIMBOLA TAIWO, UCHENNA DIBIAGWU, NDUKA MOSERI
they were fed, profiled and de-radicalised before being DIRECTOR, PRINTING PRODUCTION CHUKS ONWUDINJO
implore that those detained without any criminal offence
released. TO SEND EMAIL: first name.surname@thisdaylive.com
should be released.

TO OUR READERS
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1000 words). They should be sent to opinion@thisdaylive.com along with the email address and phone numbers of the writer.

THE IMPORTANCE OF ARBITRATION IN USE OF TYPEWRITERS IN SCHOOLS


TODAY’S WORKPLACE

A
t a just concluded Education Summit that “Education must keep up with the changing

A
frican arbitration practitioners are arbitration process represent the key reasons, by tagged “The Future of Education face of work and aim to produce more high skilled
greatly under-represented in a businesses, for selecting arbitration over litigation. Summit” which held in Oyo State workers.” In the transition towards sustainable
number of arbitration matters in In many cases, arbitration is far shorter a process, 20- 21 September and where I economies, particularly in sub-Saharan Africa, the
the African region. However, all is and without the use of attorneys, generally less was a Speaker, school owners and report emphasizes that the role of education in
not lost; arbitration is undoubtedly costly. The two parties involved in the dispute have representatives in attendance brought innovation primarily concerns the dissemination of
growing as a mechanism for the control over the selection of the arbiter - this is a to participants’ attention a most distressing trend new technologies for higher education systems and
resolution of domestic and cross-border commercial different case altogether when dealing with a court in our nation’s education curriculum and schools countries must do more to promote high value skills
disputes in Africa. The process of dispute resolution case where the judge and jury selection is out of the accreditation practice. It was reported that regarding within secondary education. Dear Hon. Minister,
outside the state-sponsored system of litigation is not hands of the parties involved. Arbitration hearings the teaching of the subject of Business Studies for it is therefore essential for today’s learners to be
new, and indeed was the norm in pre-colonial times. are private, and the results are not part of the public the fulfilment of the current NECO requirement, the empowered with a 21st century relevant education
The modern-day arbitration regime is usually backed record, which is beneficial for both parties (especially decision of accreditation of schools by the Ministry that ensures actual future readiness. Typewriters no
by the state through legislation and enforcement with regard to future employment as public records of Education is premised on whether schools own longer drive the world of business and ceased to
by national courts, and it is fair to state that there of such a matter could negatively influence some a pool of typewriters for students use and practice do so a long time ago. Schools should be required
has been considerable growth in Africa’s arbitration employers). Emotional intelligence has proven to rather than on whether there is an equipped to be equipped with current operative tools in
industry. In the workplace disputes are likely to arise be one of the vital ingredients for creating a healthy functional ICT Lab in the school. Several schools at business and work systems. Accreditation standards
between the employer and the employee, employees workplace. The term “emotional intelligence” was this summit alleged that they have been continu- by your ministry must therefore be adapted to the
amongst themselves. In my experience as an arbitra- coined by Peter Salovey and John D. Mayer who ously denied accreditation to teach Business Studies changing face of work. An insistence on typewriters
tion practitioner, I have come to understand the described it as “a form of social intelligence that because they do not maintain typewriters for as a precondition for business subject accreditation
benefits of utilising this mode of dispute resolution involves the ability to monitor one’s own and others’ students use and it is irrelevant to the said accredita- cannot yield future readiness amongst the current
in the workplace. feelings and emotions, to discriminate among them, tion exercise that these schools offer modern ICT generation of school children and indeed amounts
The 2018 SOAS Arbitration in Africa Survey and to use this information to guide one’s thinking facilities and resources for their students use. to a social injustice. I hereby call for the immediate
unveiled some of the key benefits of the practice and action”. The world over, business in the 21st century overhaul of the use of typewriters as an accredita-
in different environments. Solving disputes in the is entirely driven by modern Information and tion standard for schools in the subject of ‘Business
workplace by the use of attorneys and courts is Ajibola Dalley, Chairman, Aviation Committee Communication Technology (ICT) as well as Studies’.
not only time-consuming, but also very expensive, of the Bar Association’s Section on Business the Internet of Things (IoT). In its 2016 Global Edem Dorothy Ossai, Executive Director,
for both parties. The speed and informality of the Law Education Monitoring Report, UNESCO mandates MAYEIN
16 TUESDAY SEPTEMBER 24, 2019 • T H I S D AY
TUESDAY SEPTEMBER 24, 2019 • T H I S D AY 17
18 T H I S D AY ˾TUESDAY SEPTEMBER 24, 2019

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

TRENDING NEWS
Governance is on the Upswing in Kaduna
Jameelah Sanda writes that the Kaduna State government under the leadership of Governor Nasir el-
Rufai is trying to bring about a shift in the perception of the public regarding governance in the state

C
all him ‘unsung’ hero of Kaduna Kaduna Peace Commission, Kaduna Investment
transformation, you will not be far Promotion Agency (KADIPA), Kaduna Facility
from the truth, but throughout his Management Agency (KADFAMA), Kaduna
campaign and until May 29, 2015 Water Service Regulatory Commission among
when he was sworn-in as the as the others, Kaduna State Power Supply Company
Governor of Kaduna State for his first term, (KAPSCO) and Kaduna Contributory Health
Nasir el-Rufai never minced words. He vowed Insurance Authority.
to do all that was humanly possible to move On May 12, 2018, the people of Kaduna State
the state forward, and that is exactly what he made history when they chose new leaders for
has been doing. its local government councils using electronic
The Governor el-Rufai administration, which voting. The commission has also fixed Wednesday,
came into power against the background of 6th June 2018 to conduct rescheduled elections
promise to change the state positively, has a in some of the local government areas.
lot to show as evidence of its working to meet Coming at the time when insecurity and violent
peoples’ expectations of its “restoration agenda.” clashes became recurrent in some parts of the
Some of the major promises he made to do state such as Birnin Gwari and parts of Southern
things differently; including putting the people first Kaduna, Governor el-Rufai committed time and
and to deliver excellent public services to them. resources to providing security for lives and
The government pledged to do this by battling property and peace building in the state. He
waste and fraud, reducing the cost of running had inherited some security challenges including
government and growing Internally-Generated ethnic and religious conflicts, urban gangs, cattle
Revenue (IGR) as ways to free the state from rustling and rural banditry, armed robbery and
over-dependence on federal allocation. kidnapping. El-Rufai has really tried to stop all
Armed with these vision, mission and direction, these in Kaduna
El-Rufai hit the ground running in 2015. He Education, which is known as the greatest leveler
introduced state-wide reforms aimed at cutting among all classes of people in the society, and
the cost of governance and achieving efficiency a ladder for social mobility has become elusive
in public service. First, El-Ruiafi and his deputy for children of the poor in Kaduna State due to
announced a 50 percent slash on their salaries decades of neglect by successive governments
and allowances. Next government ministries in the state. Public education has deteriorated
were trimmed from 19 to 14. The number of so much that only children of the poor attend
commissioners were also reduced from 24 to 15. public schools and to get a decent education,
Though the cabinet was shrunk, it proved one must patronise private schools which only
highly effective. According to the governor, the children of the rich can afford.
initiative freed up resources used in running el-Rufai This was the sorry condition for more than 4000
the government for public good. For instance, primary schools and more than 1000 secondary
while the budgetary allocation for running councils by ordering a Staffing Order for LGAs the state government to restore Kaduna to its schools in the state before 2015 when Governor
government House was around N3 billion in in November 2017. This saw to the reduction former glory, including a strategic framework to El-Rufai assumed leadership of the state. The
2015 under the Peoples Democratic Party (PDP), of the staff strength of the 23 local government realize the vision, resource projections to guide state was performing as poorly as four percent
it but was reduced to about N600 million in councils of the State to 6, 896, excluding primary and prioritize expenditure, and an implementation in West African Examination (WAEC) in 2010
the first budget ever prepared by the El-Rufai school teachers and health workers. plan to deliver results and monitor progress. The and 10 percent in 2011.
administration in 2016. The government restructured the traditional goals were linked to the budget through the Sector There have been efforts to reverse the decay in
Kaduna’s public service was gulping N2.7 billion institutions reverting to pre-2001 status of 77 Implementation Plans (SIPs) with strengthened the educational sector. Fifteen secondary schools
monthly when El-Rufai came on the saddle in districts and 1429 village units, down from budget and expenditure management systems selected from the three senatorial zones of the state
May 2015, it was brought down to N2.2 billion. 390 districts and 5882 village units created in and processes. benefited from the “Whole School Renovation
A biometric exercise to verify employees in the 2001. This decision relieved the 23 LGAs of the The El-Rufai administration sets to address Programme”, which include renovation of all
state payroll eliminated ghost workers and saved heavy burden of paying 4766 staff. Presently, the dysfunctional infrastructure that fraught existing classrooms, hostels, laboratories and
the state N500 million monthly. all the LGAs have become solvent, able to pay the state. This led to the development of the staff quarters. It includes provision of teaching
In August 2015, at the onset of this administra- salaries monthly and execute projects without Kaduna Infrastructure Master Plan (KADIMP equipment and provision of water and electricity.
tion, Kaduna State pioneered the implementation encumbrances. 2018-2050), a 32-year plan aimed at addressing Beds, mattresses, furniture and books were also
of Treasury Single Account (TSA) regarded as a The need to implement the Restoration Pro- the state’s infrastructure deficits. supplied to the schools.
policy tool that helps reduce waste and leakages. gramme, which is the All Progressives Congress Implementing Kaduna State Infrastructure Governor El-Rufai pledged to improve access
The government directed its bankers to close all (APC) Kaduna version of APC Manifesto on Master Plan requires the sum of $65.6b (N20 to healthcare and to improve health outcomes
government accounts and remit the balances to a sustainable basis led to the development of trillion) from government spending, private sector for our people. And achieving this with the
the state’s TSA at the Central Bank of Nigeria Kaduna State Development Plan (SDP 2016- investment and support from development partners support of the healthcare workers. The state
(CBN). There had been 470 accounts from which 2020), which serves as a medium-term goal of was anchored on a long-term perspective, 2018- won First Prize in two editions of the Maternal,
N24.5 billion were remitted to the state’s TSA. APC change platform which reflects the state 2050, in the hope that government, the private Newborn and Child Health (MNCH) Week for
Kaduna State adopted zero-based budgeting government’s desire to restore Kaduna State to sector, communities and external partners will testing more than 200,000 pregnant women,
because budgets were not based on realistic its lost glory through a planned, orderly and work together to achieve the ambitious targets set. which showed HIV/AIDS prevalence of less
estimates of revenues and thus did not deliver coherent development of the state. As part of efforts to make government more than 0.3%. implementing free healthcare for
results. Hence, every expenditure item must be This five-year plan outlined the aspirations of efficient, some government agencies were re- children under five, pregnant women and the
justified based on necessity, cost, and availability structured and new ones driven by innovations elderly, as promised. Recently, the state cabinet
of funds, vis-a-vis other competing needs before and technology were created to provide services agreed to provide cash cover for the treatment
it can be inputted in the budget. using best global practices. Some of such were of elderly diabetics and hypertensives, starting
The passing of the Public Procurement Law, 2016
and the creation of Kaduna Public Procurement
There have been efforts the Kaduna Geographic Information Service from age 70.
(KADGIS), created to digitised land registry In the area of agriculture, he encouraged farmers
Agency (KADPPA) guaranteed transparency in to reverse the decay ending a regime of land racketeering, fraud, through several initiatives. They know they have
public procurement, audited financial accounts and maladministration. a ready route to market and have the assurance
are published annually on its official website and
in the educational r 5IF ,BEVOB *OUFSOBM 3FWFOVF 4FSWJDF of a price support programme. Fertiliser subsidy
the national dailies so citizens are free to scrutinise sector. Fifteen (KADIRS) was created to replace the old Internal has been eliminated, but farmers still got 50,000
the state’s accounts. The state also adopted the Revenue Service, serving as the sole agency col- tons of fertilizer in 2016 at N4000 per bag. The
International Public-Sector Accounting Standards secondary schools lecting tax and revenues for the state and the state government accomplished this by refusing
(IPSAS) aimed at improving transparency and selected from the three 23 local government councils. In its two years to award fertiliser contracts, and by convincing
accountability in public finance management and of operations, KADIRS has eclipsed previous a private company to sell fertiliser directly to
reporting, and the step attracted the commendation senatorial zones of records of revenue collected in the state without farmers.
of the Financial Reporting Council of Nigeria. having to increase revenues for taxpayers. In Land administration reforms have advanced
Still to ensure transparency, Kaduna signed to the state benefited 2016, Kaduna’s IGR rose from N11 billion (2015) significantly. El-rufai established the Kaduna
the Open Governance Partnership (OGP). It was from the “Whole to N23 billion. This was further raised to N28 Geographic Information Service (KADGIS)
on record that it was the first sub-national in the billion in 2017. KADIRS is moving towards which is digitizing the land registry. The body
world to do so. Kaduna therefore committed itself School Renovation achieving complete automation and has since has also commenced the recertification programme
to permit citizens participation in governance Programme”, which banned cash transactions in revenue collections, to convert old, unreliable paper Certificates of
and to run an open and transparent governance. blocked leakages and eliminated multiple taxations Occupancy into digital titles, while launching the
The El-Rufai administration moved to save include renovation of which were discouraging businesses in the state. systematic land titling and registration to give
the local governments from the huge burden There were other bodies such as KASTELEA, opportunity to farmers and other untitled land
of carrying over-bloated civil servants and all existing classrooms, which handles road traffic control, state vigilante owners to get valid title at a fee of N5000. The
traditional rulers, whose burden hindered them
from rendering services to the grassroots, a major
hostels, laboratories and service, Drugs and Substance Abuse Control security of title, the transparency of land search
Agency, Kaduna State Transport Regulation and the ability to transact in land without undue
constitutional mandate of the local government staff quarters Authority, Kaduna Roads Agency (KADRA), hassles are vital to running a modern economy.
T H I S D AY ˾TUESDAY SEPTEMBER 24, 2019 19

TRENDING NEWS

Battle for the Soul of Kogi Begins


Ibrahim Oyewale writes that with the successful completion of the primaries of various
political parties, all is now set for the governorship battle in Kogi State on November 16

Bello Wada

T
he political landscape Among those eyeing Lugard House Abanida of the African Democratic tion may end up a charade, except
in Kogi State has been are the incumbent governor, Yahaya Congress (ADC) ,Jimoh Ahmadu security agencies are challenged to
a beehive of activities Bello of All Progressive Congress of the MAJA, Ibrahim Itodo of the live up to expectation.
following the official (APC) seeking another fresh term. Labour Party and several others They alleged that in the last
release of the time table Mr. Musa Wada will be slugging whose names are yet to be made national elections, incumbency was
for November 16th governorship it out with Bello as the candidate public . fully utilised as all the security
election by the Independent National of the Peoples Democratic Party ( The All Progressive Congress APC apparatus in the state received
Electoral Commission (INEC), the PDP). The emergence of the two and its candidate will rely so much instructions and directives from the
electoral umpire in accordance with as flag bearers of their parties has on the massive votes garnered for governor who is the Chief Execu-
provisions of Electoral Act 2010 not only rekindled the old rivalry the President Buhari in the 2019 tive and Chief Security Officer of
as amended. between the PDP and APC, but also national elections. The party posted the state. Security officials openly
The commission had also called the battle line may have been clearly other impressive results, winning 7 participated in rigging and snatching
on eligible voters who have duly drawn. out of 9 House of Representatives of ballot boxes, they alleged.
registered and have not collected Others are Samuel Alfa Audu of seats from Kogi State. The APC also The PDP also accused APC of
their Permanent Voter Cards in the Action Alliance (AA), Ibrahim won two of the three senatorial intimidating voters on the orders
the Confluence State to use this Jubrin of the All Progressives seats as well as clinching all the of top government house officials
opportunity to do so to enable them Grand Alliance (APGA), Dambo 25 seats in the state Assembly. who led the operations.
exercise their franchise during the Dantelle of the Allied Progressives Speaking shortly after picking According to reports government
forthcoming governorship election. Movement (APM) , the Amazon, APC ticket Governor Yahaya Bello house officials used by both fake and
At at a recent stakeholders meet- Natasha Akpoti (Social Democratic told journalists in Abuja that his conventional police to chase away
ing at INEC State Headquarters Party (SDP), Joseph Idachaba of numerous achievements are dotted voters and even arrest prospective
in Lokoja, the Resident Electoral the (PPN), Godwin Atawodi of the across the three senatorial districts voters on trumped up charges. Scores
Commissioner, Professor James Democratic Alliance, Mrs Justina and he also announced that the of agents of opposing political par-
Apam disclosed that no fewer than government has established in- ties were arrested and detained in
170,664 PVCs are unclaimed since frastructure in each of the 21 local the government house guard room.
2010 and those who registered before government areas of the state. Patriotic citizens who reported
2019 general elections. He told the The Bello administration is still cases of electoral malpractices were
stakeholders that the the commission
would commence distribution of
Political observers basking in the euphoria of tackling
insecurity which was the greatest
either ignored or arrested. Senior
security officers deny or encourage
PVCs to assist the owners in their and concerned problem of the state as citizens sleep malpractices committed by their
localities across the three senatorial with their eyes closed. Businesses juniors.
districts of the State. citizens have have returned and visitors pass Another area of concern is the
With the successful completion of through the state unmolested. suspected mercenary role played
the various primaries and emergence expressed fears Meanwhile the PDP on its part by the Federal Government to state
of gubernatorial candidates of vari- dismissed all the claims of the elections especially in favour of
ous political parties, all is now set that as witnessed ruling APC, claiming that existing the ruling party.
for the battles ahead as political infrastructure in the state were Accusing fingers were pointed
gladiators who had withdrawn into during the last projects initiated and completed at the INEC for either feigning
their cocoon after the general elec-
tions in the country are now back general elections, when PDP governors ruled the
state and the party was poised
ignorance or outrightly supporting
and even participating in electoral
to their trenches plotting to win
the November 16th gubernatorial if stringent to return to power based on that.
The PDP in Kogi claims that there
malpractices.
There are also allegations that
election.
The electorate in the Confluence
measures are not is no way its achievements in 13
years of governing the state could
during the last general elections,
vote shops were created not far
State, no doubt will be filing out
once again to elect who will governor
put in place, the be compared to the four years of
alleged maladministration by
from polling stations where agents
of parties and contestants buy votes.
the state in the next four years.
The just concluded governorship
November election Governor Bello.
The opposition party alleged that
While security agents were used to
arrange and organise voters who
primaries have produced no fewer
that 69 candidates from various
may end up a since coming to office the APC
administration, it has never won
collected money were directed on
how to vote and who to vote for.
political parties jostling to occupy
the Lugard House- Seat of Power
charade, except any election genuinely, alleging that
the use of force, intimidation and
Despite allegations and counter
allegations, realignment of political
in Lokoja. security agencies thuggery gave power to the APC forces have continued unabated
The battle for the soul of Kogi and not popularity. toward the gubernatorial polls.
State will be very interesting as the are challenged Political observers and concerned Many youth groups are on the
opposition parties candidates vow citizens have expressed fears that match everyday in the major cities
to unseat the incumbent governor, to live up to as witnessed during the last general of the state, particularly the state
Yahaya Adoza Bello who is seeking elections, if stringent measures are capital, Lokoja drumming support
a second term in office. expectexpectations not put in place, the November elec- for their preferred candidate.
20 T H I S D AY ˾ͰͲ˜Ͱͮͯͷ

FEATURES Group Features Editor: Chiemelie Ezeobi


Email chiemelie.ezeobi@thisdaylive.com, 08152252325

Increasing Rice Yield through Japan’s


GGP in Nasarawa
Igbawase Ukumba writes that Nasarawa State government recently entered into partnership
with the Japanese government to supply 25 per cent of total rice production in Nigeria

R
ice is one of the staple crops
grown in Nasarawa State. This
is plus given that the state has
about 140,000 hectres of land that
is suitable for rice cultivation.
The state also has the capacity
to produce over 350,000 metric tones of rice,
which was one of the reasons that prompted
the government to go into collaboration with
the Japanese government to improve the quality
of rice and perhaps enable it supply 25 per
cent of the total rice production in Nigeria.
The partnership between the Nasarawa
State government and the Japanese govern-
ment dates back to the year 2011 when the
rice post harvest and marketing pilot project
was conceived. Through this project, 442 rice
farmers were empowered and built to improve
the rice production technology of parboiling,
milling, marketing and business management.
Similarly, 35 frontline extension agents have
been trained on good agricultural practices
for dissemination to other farmers.
In addition, 11 extension agents were trained
in Japan on improved rice cultivation technology
and research method. It is in this connection
that the collaboration had resulted to the
establishment of the 1.5 tones per hour capacity
rice incubation plant for the production and
marketing of improved quality rice that could Some of the treshers donated by the Japanese government
compete with imported rice in Nasarawa State.
The plant is currently leased out to rice millers
and dealers who are producing good quality
rice called ‘Mama’s Pride’ . In the same vein,
27 destoners were also given to the rice millers
in Lafia for the improvement of quality rice
which they produce.

Grassroots Scheme
It was against that backdrop that the Japanese
government, under its Grant Assistant for
Grassroots Human Security Project (GGP)
scheme, recently donated 20 units each of reapers
and threshers to some farming communities
of Awe, Obi and Keana Local Government
Areas of the state.
Flagging off distribution of the machines at
Azara, in Awe Local Government area of the
state, Governor Abdullahi Sule; in company
of the Japanese ambassador to Nigeria, Mr.
Yutaka Kikuta said the occasion was yet
another milestone in his determination to further
strengthen the collaboration and partnership
with the government of Japan towards achieving

This intervention
is in tandem with
the vision and Japanese Ambassador, Kikuta, in a handshake with Gov Sule at Azara
development
the desired import substitution of backward economy.” to me, is really a huge achievement especially
objectives of this integration of President Muhammadu Buhari. with their target of between 10,000 to 12,000
The governor had therefore hoped that the Frontline Rice Production out growers in this area. So I commend Olam
administration aimed partnership between the Nasarawa state govern- Sule continued that it was in furtherance for this and call on all the other commercial
at giving agriculture ment and Japan government will be sustained
because the state is indeed an agricultural state,
of his administration’s commitment that he
recently signed a Memorandum of Understanding
farmers who are coming to Nasarawa State
to copy from Olam so that we can continue
its right place as the hence he commended the government of Japan
for the choice of Nasarawa state farmers to
(MoU) with IFAD/FGN for participation in
the Value Chain Development Programme
to empower our farmers in the state.”
“You will recall that some weeks ago, my
major mover of our benefit from the worthy collaboration considering (VCDP) additional financing which he said administration also signed an MoU with
the comparative advantage the state has in that he has already approved the release of Azman Group for cultivation and processing
state economy...by the rice value chain. N88 million, which is the counterpart by the of 12,400 hectres of land for rice in Toto Local
“Let me assure Your Excellency, the ambas- state contribution to that effect. Government Area. This endeavour is aimed
the time we finish sador of Japan, that Nasarawa State government Similarly, the governor told the ambassador at placing Nasarawa state on a global map as
that, Nasarawa State will continue to seek areas of further collabora-
tion with the government and good people
of Japan that Olam Group was currently having
over 10,000 hectres of land in Rukubi village
a frontline rice producing state. In addition,
we are also in negotiations with the Dangote
should be producing of Japan in various sectors including health
and education geared towards improving the
of Doma Local Government Area for the rice
value chain development, especially with the
Group to acquire 50,000 hectres of land; both
in Doma and Nasarawa Local Government
at least 25 per cent economy and livelihood of our people. I want out growers scheme beneficiaries. Areas, for further cultivation of rice. By the
to state that this intervention is in tandem with Sule who was vividly convinced with the time we finish that, Nasarawa State should
of the total rice the vision and development objectives of this Olam Group’s development said: “The manager be producing at least 25 per cent of the total
administration aimed at giving agriculture its of the out growers scheme told me that he has rice production in Nigeria.”
production in Nigeria right place as the major mover of our state over 4,000 out growers at the moment, and that
T H I S D AY ˾ͰͲ˜Ͱͮͯͷ 21

FEATURES

Japan’s Goodwill
It is pertinent to note that the Japan’s govern-
ment development of Africa’s agricultural sector
is in line with the goals of the 7th Tokyo Interna-
tional Conference on African Development which
was concluded in Yokohama, Japan recently. The
Japanese ambassador to Nigeria, Mr. Yutaka
Kikuta, attested to this fact at the handing over
ceremony of the reapers and thresher to the
Nasarawa rice farming communities at Azara.
Kikuta added that at the TICAD7conference,
the government of Japan pledged to further
support the economic transformation in Africa,
particularly in agriculture to the promotion of
Japan’s private sector’s investment in Africa.
Kikuta affirmed that: “The project we are
commissioning today in Azara is one of the
embodiments of the Tichan 7 commitment. Let
me start by thanking Governor Sule for sparing
his time to attend these important events for
the commissioning and handover ceremony
for the provision of rice reapers and threshers
machines to farmers in Obi, Awe and Keana
LGAs of the state. I wish to congratulate all the
people of the communities and appreciate all
the stakeholders for their unflinching support
towards the process.
”Under the scheme of Grant Assistant for
Grassroots Human Security Project (GGP), the
embassy of Japan has so far in the course of the Some units of the reapers donated by Japanese government
two decades, executed 170 projects in various
regions and areas in Nigeria worth over S12 in our collaboration with the government of
million. The project of provision of rice reapers Japan through the grant of 20 threshers and
and threshers falls under the GGP scheme 20 rice reapers to Olam Rice out growers in
and it is designed to provide mechanised rice Awe, Obi and Keana Local Government Areas.
farming equipment to help rice farmers for Nevertheless, the management of Olam Farm
their work thereby fostering the social and could be the most excited participant because
economic development of the communities. the farmers who had gathered to celebrate
“In your communities, local rice farmers the epoch making event at Azara happened
spend long time harvesting the rice incurring to be members of Olam Farm out growers
additional costs with carrying their manual programme. This was attested by the vice
labour in losing up to 20 per cent harvest rice president of the Olam Farm, Raji George, during
due to damage in operation process. Manual the commissioning of the Japanese donated
operation is hard work, especially for women. machines by Governor Sule, as he said that,
With the introduction of 20 rice reapers and 20 “it was a short journey that has grown into a
threshers, it is our expectation that this project very big one. We are very excited and want to
will reduce time and loss of rice from reaping seize this opportunity to thank the government
and threshing which will increase income for155 and the good people of Nasarawa State for the
farmers and their families. It is expected that the peace and the enabling environment we have
income increase will provide the opportunity to enjoyed so far, and we urge the government
invest more for rice yield so that socio-economic not to relent”.
wellbeing of the benefiting communities will be With profound gratitude, George thanked
further enhanced,” the ambassador maintained. sincerely the good people of Japan for the kind
It is worthy to state that the gesture from gesture through their GGP programme which has
the Japanese government will, no doubt, let really touched the lives of rural people positively.
the benefiting communities have mechanised Cross section of dignitaries at the Azara event He continued that it wouldn’t have come at
rice reapers and threshers that will reduce the a better time when research has proven that
burden of the farmers. The mechanisation of rice farmers are currently losing 25 per cent of
the rice production will change the communi- their produce during harvest and post harvest
ties significantly like change in quality and activities as a result of manual harvesting. He
productivity. expressed optimism that with those equipment
These envisaged benefits derivable from the donated by the Japanese government, that gap
introduction of mechanised rice production into will be significantly narrowed.
the selected Nasarawa communities consequently “To the farmers, to whom much is given,
gladdened the heart of Ambassador Kikuta as much is expected. We hope and believe that
he disclosed to the mammoth crowd that came you will not let us down. Continue to do the
out from the selected communities of the three good work and more is yet to come. Just to
local governments m to witness the memorable support you, Olam Farm, in collaboration with
even saying that, “I am equally pleased to let NADP and GIZ green revolution centre, has
you know that this is a Public, Private Partner- packaged a training that will speak to the need
of the farmer groups on the uses, repairs and
maintenances of these equipment. Already we
have kicked started the process of selecting 34
young farmers from these groups who will
be specially trained on the operation and
The project of management of these equipment,” the Olam
vice president said.
provision of The traditional rulers of the communities
selected as beneficiaries of the Japanese be-
rice reapers and nevolence could not hide their joy as they told
the Japanese ambassador that they were very
threshers falls grateful for the reapers and threshers offered
Japanese Ambassador (l), Governor Sule (m) on their way to commission the Japanese to Obi, Keana and Awe Local Government
under the GGP equipment Areas in collaboration with the Nasarawa State
scheme and it is ship Project that the Olam Nigeria Limited year 2011 with the implementation of rice
government. They assured them that their
subjects who are beneficiaries of the gesture
designed to provide which will closely monitor the communities
by offering technical assistance. As you may
post harvest processing and marketing pilot
project that promoted adoption of improved
were going to make use of those implements
judiciously.
mechanised rice know, Olam Nigeria Limited is a company
that the Japanese company; Mitsubishi which
rice technology along all the value chain, the
Permanent Secretary in the Nasarawa State
The words of appreciations from the royal
fathers were conveyed by the Sarkin Azara,
farming equipment has a strong presence and working relation
with local farmers in Nigeria, is one of the
ministry of agriculture, Naphtali Dachor,
revealed during the commissioning of the
Dr. Kabiru, who told the ambassador that the
choice of his community (Azara) to flag off
to help rice farmers main shareholders.”
Kikuta maintained that the machines were
Japanese donated machines at Azara.
According to Dachor, “the collaboration is
the programme was not by mistake. “In Azara
alone, we roll out not less than 250 trucks of
for their work symbols and goodwill from the people of Japan
to the people of Nasarawa State, hence the
aimed at improving the quality of domestic rice
and the state’s yearn for import substitution. The
rice yearly. And each truck is about 30 bags,
multiply by 250 will give the numbers of bags
thereby fostering the project will contribute to the better future of
Nasarawa State and further strengthen the
collaboration had led to the establishment of 1.5
tonnes per hour capacity rice incubation plant
turned out annually from this community. We
are very grateful because with manual harvest,
social and economic relationship between Japan and Nasarawa. in Lafia that has already been leased out to the we lose a lot of the rice before it gets to the
Suffice to acknowledge that the collabora- Lafia Rice Millers and Dealers Association. This point of consumption. However, with your
development of the tion between the Nasarawa State government was then followed by the donation of 27 rice intervention with the mechanised implement,
and the government of Japan in the area of detoners for the improvement of rice quality. there will be increase in the yield of the com-
communities agricultural development dates back to the Today we are witnessing another milestone modity,” the paramount ruler said.
A WEEKLY PULL-OUT 24.09.2019

‘THE BAR MUST


URGENTLY
ADDRESS SEXUAL
HARASSMENT’
Mrs. Miannaya
Essien, SAN
2/DASHBOARD 24.09.2019

Permissibility
of Ground
of Appeal,
Not Arising
from Court’s
Decision
PAGE 4

Malami Restates
FG’s Commitment
to Provide
Unhindered
Access to Justice
PAGE 5

U.S. Mission
Supports Intellectual
Property Rights
Protection in Nigeria
PAGE 5
Funke Adekoya,
SAN Wins Partner
of the Year at
the African Legal
Awards 2019
PAGE 5
QUOTABLES
‘The relationship between Nigeria and South Africa,
is asymmetrical. There is a large number of Nigerians Ensure Women, Children
over there, but not the same high number of South
Africans, in Nigeria. However, we have a lot of South have Unhindered Access
African investments in Nigeria.....It is the South
Africans, that ought to send delegations here to appeal
to Justice Anywhere in
to Nigeria......Nigeria should not give the impression
that it is begging South Africa for some consideration,
Nigeria, Women Lawyers
because we are the injured party.....’ tell Government
– Professor Akin Oyebode, Professor of
International Law and Jurisprudence PAGE 6

‘No Government, be it colonial or indigenous, military ‘A Lawyer


or civilian, will disobey a court order without the
connivance of the Attorney-General.’ must study,
– Femi Falana, SAN, Human Rights Lawyer and
Activist
as if his
last breath
depends on it’
PAGE 6
COLUMNISTS
DR. MIKE OZEKHOME, SAN, OFR, FCIARB, PH.D, LL.D ABUBAKAR D. SANI
Constitutional Democracy, means a system of government, in which Abubakar D. Sani holds a Bache-
lors degree from the University of
political and governmental power, is defined, limited and shared by a Maiduguri, and has been in active
grundnorm called the Constitution, which provides inbuilt checks and private legal practice since he was
balances. called to the Nigerian Bar in 1987.
This column seeks to fiercely discuss constitutional, legal and political He is the Principal of Abubakar D.
issues, with a view to strengthening, deepening and widening the pleni- Sani & Co., which has offices in Abuja and Kano. "
tude and amplitude of democracy and good governance, without fear or favour. INSIGHT" aims to unravel, analyse and proffer so-
The writer of this column, Dr. Mike Ozekhome, SAN, is a Constitutional Lawyer, Human lutions to numerous anomalies in Nigerian law and
Rights Activist, Pro-Democracy Campaigner, Notary Public and Motivational Speaker. He practice, particularly statutes, vis-a-vis the Consti-
co-founded the Civil Liberties Organisation (CLO), Nigeria's pioneer human rights league, tution, International Treaties and Conventions to
on October 15,1987, the Universal Defenders of Democracy (UDD), in 1992, and with Chief which Nigeria is a signatory, Judicial Precedent and
other relevant statutes and issues.
Gani Fawehinmi and others in 1998, the Joint Action Committee of Nigeria (JACON), to
push out the military. In his early days, he lectured at the University of Ife. Dr. Ozekhome is
an author of many books. He is also a Special Counsel at the International Criminal Court
(ICC), at The Hague.

ONIKEPO BRAITHWAITE EDITOR JUDE IGBANOI DEPUTY EDITOR


AKINWALE AKINTUNDE REPORTER TUNDE BUSARI GROUP HEAD
OCHI OGBUAKU II ART DIRECTOR
/3

Cashless Policy and


Other Matters

T
CBN’s Asinine ‘Cashless’ Policy substantial, to give the Nigerian returnees, a autocratic despotic ruler, for example, Iraq
he Central Bank of Nigeria softer landing, because it would be shameful and Saddam Hussein. In the case of South
(CBN)’s latest ‘Cashless’ and scandalous, if they are not. After all, they Africa, the expression of sympathy of the
Policy, seems to be ill-advised, are the ones reaping huge profits from here. I citizens is inapplicable, because the citizens
ill-timed and absurd, to say hope for example, that DSTV does not think are the ones actively doing the damage, and
the least. We have a society that the advert campaign against xenophobia killing Nigerians, with gusto and aplomb.
where people are still being which it is presently running, is adequate CSR, Even the United Nations (UN), imposes
encouraged to move away because it is not. It is absolutely immoral, unfair sanctions against countries. For instance,
from being cash-oriented, to and unacceptable, for South African companies targeted sanctions including travel ban and
move away from keeping to be happily and peacefully making all that economic sanctions - asset freezing, were
money under their beds at money here, while their people slaughter our imposed by the UN on certain top government ONIKEPO BRAITHWAITE
home, for many reasons, including that of the people, in their country. officials in Democratic Republic of Congo,
insecurity involved in holding large amounts
of cash, yet you want to ‘encourage’ us to
become ‘cashless’ by imposing punishment
I certainly second the motion of Honour-
able Namdas on the floor of the House of
Representatives last week, that Mr Onyema
for serious human rights abuses. The United
States and European Union, also imposed
sanctions on some Congolese government
THE
on us by charging individuals 2%, for every
lodgement of cash into the bank, of N500,000
and above, and corporate organisations, 3%,
be given a national honour.

The Way Forward:


officials, for the same reason.
Similarly, Nigeria can reduce the number
of flights that South African Airlines makes
ADVOCATE
for every cash lodgement of N3 million and Evacuation to Nigeria, and give some slots to Air Peace;
above. How encouraging is it, especially in this Evacuation of our people from South Africa, sell some of the MTN shares to Glo, a wholly onikepo.braithwaite@thisdaylive.com
‘next level’ phase we are in, in which money is especially for reasons of xenophobia, is a good Nigerian-owned company (‘tiwan tiwa’ - our onikepob@yahoo.com
extremely hard to come by - for my N500,000 decision, to the extent that it shows that own is our own). That should serve as a
to become N490,000 automatically, because I South Africans have a senseless intolerance stern warning to South Africa, that Nigeria Twitter: @TheAdvocateTD
deposit the money in the bank? Is the CBN of non- indigenes, and this will, hopefully, be will never tolerate the wanton killing of her
trying to be a commission of agent of everybody a dampner on FDI (foreign direct investment) citizens, in their country. South Africa has all “SOMETIMES, A HABITUAL
and every business in Nigeria? Take for example in South Africa. It will make people think types of businesses here – from the television
the petrol station retails, where most people twice about investing in a country, where business to telecommunications, to banking, OFFENDER NEEDS TO BE
pay cash for their petrol and diesel purchases, uneducated out- of-control citizens are allowed aviation, and even something as basic as
the CBN wants to become a shareholder by to run amok, with the overt support of their the supermarket business - Shoprite - all TAUGHT A GOOD LESSON,
force, by taking 3% of their deposits, when they
lodge in their cash everyday? In any event, this
Police, and tacit support of their Government.
So, what, if President Ramaphosa apologised?
businesses that we Nigerians, can do, and
are in fact, doing ourselves.
AND TO TEACH A PERSON
new measure will certainly be a catalyst for Thabo Mbeki and Jacob Xuma before him Take telecoms for instance, MTN is enjoying AN EFFECTIVE LESSON,
an increase in the crime rate, as thieves and also apologised, and their apologies achieved the benefit of servicing our huge population,
robbers will be aware that people are keeping nothing – it failed to stop the xenophobia. The which is almost four times larger than theirs SO THAT THERE WILL
more money in cash, to avoid these punitive
charges.
apology is simply, inadequate. As for Nigeria
running up and down to South Africa all
- let Glo enjoy it, instead. MTN can never
make the profits which they are making in
NEVER BE A REPEAT OF
Furthermore, Retailers will simply pass on in the name of diplomacy, it should be the Nigeria, in South Africa or anywhere else in THEIR UNDESIRABLE
that cost, one way or the other, to consumers, other way around. Africa for that matter, because they simply
thereby, inflicting more pain on Nigerians, by do not have the numbers - Nigeria is the BEHAVIOUR, ONE MUST
reducing their already severely diminished Economic Sanctions most populous country in Africa. That, in
disposable income. I submit that, this latest Sometimes, a habitual offender needs to be my view, must count for something. When HIT THEM WHERE IT
asinine innovation by the CBN, is certainly
not in the national interest, contrary to Section
taught a good lesson, and to teach a person
an effective lesson, so that there will never
the huge revenue they make from here is
threatened or diminished, the South African
HURTS THE MOST. FOR
42(1)(c) of the CBN Act 2007. It sounds more be a repeat of their undesirable behaviour, government will be constrained to curb the MOST PEOPLE, DEPRIVING
like some scam, that is meant to benefit some one must hit them where it hurts the most. nefarious activities of their people against
‘other’ interests to me! I applaud the House For most people, depriving them of money Nigerians, and instead of using the feeble THEM OF MONEY WORKS
of Representatives, for instructing that the
implementation of this policy, be suspended.
works like a charm!
Economic Sanctions, are economic measures
excuse that all Nigerians in South Africa are
criminals and deserve to be killed, they will
LIKE A CHARM!”
I hope that the new economic team created taken against an offending country, for example, be forced to make the choice, to either clamp
by the President, under the Chairmanship of to force the country to change a negative policy, down on their people, in order to put an end
Professor Doyin Salami, will come up with or in the case of South Africa, to force the to their xenophobic crimes, or loose a huge
more ingenious ways to put Nigeria in a bet- government to take affirmative action, to stop chunk of their juicy income from Nigeria. our case, our factory, Nigerian Gas Cylinders
ter financial position, than simply doing the their people from their incessant xenophobic Manufacturing Co. Ltd (NGCMC), as the name
same old thing, of further taxing the already attacks on Nigerians (and people of other P.S.: National Livestock Transformation connotes, manufactures different sizes of gas
over-burdened populace, with uncountable nationalities). Though some have argued Plan cylinders and burner cookers, and maintains
taxes. You have certainly not heard the last against the imposition of economic sanctions, Congratulations to the Federal Government them. It was the largest of its kind in West
of this, from me! because they inflict suffering on the citizens on the NLTP. Africa, and we were in partnership with one of
of the country which they are imposed upon All the factories located on the road large companies, Total. At a point, every Total
South African Xenophobia - usually, in those cases, the citizens are not where a factory in which I am a Director gas cylinder that was used in Nigeria, Ghana
I still have a little bit more to say on the the ones wreaking havoc - it’s usually the in Ibadan is also situated, have shut down. In and other African countries, were manufactured
South African Xenophobia saga. A pertinent by us, because we were also exporting. We
question to ask is, where is the Minister of even won a Government butanisation contract
Foreign Affairs, Geoffrey Onyeama in all in Ghana, which we had to bid for, against
this? Though by virtue of Sections 147(1) and some other European companies at the time.
148(1) and (2)(a) of the 1999 Constitution of the Today, thanks to inconsistent government
Federal Republic of Nigeria (as amended)(the policy, corruption, lack of electricity, scarcity/
Constitution) which vaguely set out his role as high cost of LPG etc, the company has become
a Minister, one would imagine that he would moribund, and we were constrained to sack our
be in the forefront of it all, giving the President 500 or more strength staff. The last Managing
direction on foreign policy, being a part of the Director we had, was a British man, Chief
evacuation of Nigerians from South Africa et Roy Carrington, now of blessed memory. Yes,
al, alas! the Honourable Minister has remained unlike the South Africans, the Ibadan people
rather quiet and almost invisible, through it all, made him feel so welcome, that he was even
except for a couple of press conferences! Mrs honoured with a chieftaincy title, in the bargain!
Abike Dabiri-Erewa, the Chairman/CEO of the He always wore his ‘ileke’ (coral beads) on
Nigerian Diaspora Commission, on the other his wrist!
hand, certainly seems to be more up and doing, I guess the best thing to do, is to gather
in this regard. While it seems that Government British Leyland and all the other factories on
is confused about roles and the duplication of that road, run riot, get violent, and wreak havoc,
efforts, as they appear to be at sixes and sevens so that the Government will also reward us, by
as to who should be doing what in this affair, providing all the money we require to re-start
it certainly looks like, “what a man can do, a our businesses, like they have done in the
woman can do better!” case of the Fulani Herdsmen. After all, the
preamble of the Constitution, says it’s essence
Mr Allen Onyema: A Shining Example is to promote equality among Nigerian citizens.
I join all Nigerians, to thank Mr Allen Onyema, Surely, if the Fulani Herdsmen deserve this
the Chairman of Air Peace, who was kind enough break, so do we. Hang on! I’m confused. I
to expend his personal resources and lay on thought Government said that, most of the
his aircrafts, to evacuate Nigerians from South Herdsmen attacking and killing people all over
Africa. Talk about Corporate Social Responsibility the place, are not Nigerian? Pray tell, why is
(CSR)! I do hope that organisations like MTN, Government then using a whopping N100
DSTV, Stanbic-IBTC etc, are contributing to this billion of our extremely scarce resources, to
laudable venture undertaken by Mr Onyema, support foreigners’ private business? My dear
to help defray his expenses, or doing something Mr. Allen Onyema, Chairman of Air Peace colleagues, maybe you can explain this to us.
4/LAW REPORT 24.09.2019

Permissibility of Ground
of Appeal, Not Arising
from Court’s Decision

T
Facts Counsel for the Respondent countered the submission
he Appellants were staff of the above, stating that the Respondent’s 1st Ground of Appeal
Respondent, before they were declared before the Court of Appeal, disclosed a reasonable com-
redundant. The Respondent had industrial plaint against the Ruling of the learned trial Judge.
problem with its workforce in Abuja,
which led to the closure of its activities on Court’s Judgement and Rationale
the 16th June, 1999. By a circular dated On the first issue, the Supreme Court held that as a
28th June, 1999, the Respondent declared general rule, a Ground of Appeal should challenge the
its workers redundant, and informed decision, particularly, the ratio decidendi of the lower
them that payment of salaries, wages and court. However, where a Ground of Appeal questions
redundancy benefits for the period ending the jurisdiction of a court, it is immaterial whet the
on 15th June, 1999 would be made on 30th June, 1999; 2nd ground/issue constituted the ratio of that decision
July, 1999; and 3rd July, 1999. By the circular, the workers or not; the competence of such a Ground of Appeal,
living in the Respondent’s quarters, were also informed that cannot be challenged merely because it does not arise
they had to vacate the quarters within a period of two days from the decision of the lower court. Once an issue of
after payment. jurisdiction is raised, the court is bound to examine
The Respondent’s workers, who felt threatened by the whether it is a spurious or genuine claim. In the instant
provisions of the circular issued, collectively took out a Writ case, the Ground of Appeal against which the Appellants
of Summons in a representative capacity, seeking inter alia, hinged their argument, was on an issue of jurisdiction
an Order of Perpetual Injunction restraining the Respondent raised by the Respondent, that the trial court had no
and its agents from declaring any of the Appellants jurisdiction to decide substantive matters at interlocutory
redundant, without following the statutorily prescribed stage. The lower court was therefore, right, when it over-
due process of law; and an Order of Perpetual Injunction ruled the Preliminary Objection of the Appellants thereat, in
restraining the Respondent from forcefully ejecting them order to consider the complaint embedded in the Ground
or any of their family members, from any of their official Hon. Paul Adamu Galinje, JSC of Appeal.
quarters. The Writ of Summons, was not accompanied with On the second leg of the Appellants’ complaint that the
a Statement of Claim. The Appellants also filed an applica- ground was vague and thus, incompetent, their Lordships
tion for Interlocutory Injunction dated 1st July, 1999, seeking held that, the essence of a Ground of Appeal is to give
inter alia, orders restraining the Respondent and its agents In the Supreme Court of Nigeria notice to the adverse party of what he is expected to
from interfering with any of the rights and privileges due Holden at Abuja encounter at the appellate court, and once the ground
to the Appellants as workers of the Respondent; including On Friday, the 17th day of May, 2019 is clear and fully understood by the opponent, it can-
ejecting them from its official quarters, pending the final not be declared incompetent. Relying on its decision
determination of the substantive suit. Before Their Lordships in LAGGA v SARHAUNA (2008) 16 NWLR (Part
The processes were duly served on the Respondent, and Olabode Rhodes-Vivour 1114) 427 AT 471-472, Paragraphs H–B, the court
as a follow up, counsel for the Appellants wrote two letters John Inyang Okoro held that, substantial justice should not be sacrificed
dated 1st July, 1999 to the Respondent, warning it of the on the altar of technicalities, where such irregularities
consequences of declaring any of the workers redundant, Chima Centus Nweze have not occasioned a miscarriage of justice. The
during the pendency of the suit and application for Amina Adamu Augie Justices opined that, having read through the Respondent’s
interlocutory injunction. The Respondent ignored the court Paul Adamu Galinje first Ground of Appeal before the lower court, it is clear
processes and letters, and went on to declare the Appellants Justices, Supreme Court and unambiguous, and cannot be said to have misled the
redundant on 2nd and 3rd July, 1999. The Respondent SC.197/2011 Appellants. The Court of Appeal was thus, right, to have
paid their entitlements, which the Appellants received. dismissed the Appellant’s preliminary objection against the
Further to the foregoing, the Appellants filed a Motion Between Respondent’s appeal, at the lower court.
on Notice dated 4th October, 2000 before the High Court 1. Okwara Agwu Deciding the second and third issues, the court held
of the Federal Capital Territory, Abuja seeking an Order 2. Innocent Obinna that, in dealing with any interlocutory application, the
reinstating them to the employment of the Respondent court should not delve into the substantive issues,
pending the determination of the substantive suit, and
3. Charles Onumara as it is never proper for a court to make pronounce-
an Order deeming the Appellants as employees of the 4. Oparaocha Luiz Garba ments in the course of interlocutory proceedings, on
Respondent at all times material to the commencement of 5. Obiakor Edwin issues capable of prejudging the substantive issues
the suit. The Respondent also filed its counter-affidavit. The 6. Ekeh Spear.........Appellants before the court - BARIGHA v PDP & 2 ORS (2012)
trial court delivered its ruling in which it made an Order 12 SC (Part V) 1 and MORTUNE v GIMBA (1983) 4
that the Appellants are deemed to be in the service of the And NCLR 237 AT 242. Where the prayers in an applica-
Respondent, until the final determination of the suit. Julius Berger Nigeria PLC ...........Respondent tion overlap with the substantive claims, it is safer for
Dissatisfied, the Respondent filed an appeal against the the court to refuse such application, and order for the
ruling of the trial court. The Appellants, who were also dis- (Lead Judgement delivered by Hon. Paul Adamu hearing of the substantive suit. In this case, the issue of
satisfied with part of the ruling, filed a Respondents’ Notice declaration of the Appellants as redundant by the Respon-
Galinje, JSC)
of Appeal. The two appeals were allowed, and the Ruling dent, was the subject-matter of the Writ of Summons and
and Orders of the trial court were set aside. The suit was the Interlocutory Application before the trial court. The
remitted to the trial court, to be heard by another Judge. said issue, as well as the issue of reinstating them in the
Dissatisfied with the decision of the Court of Appeal, the have assumed jurisdiction to entertain the appeal. Counsel employ of the Respondent, were issues to be determined in
Appellants appealed to the Supreme Court. submitted that, an appeal must always be against the ratio the substantive matter, and not at the interlocutory stage as
decidendi of the decision, complained about. He contended done by the trial court. It follows that, the Court of Appeal
Issues for Determination that, the 1st Ground of Appeal in the Respondent’s Notice was right to have set aside the Orders of the trial court.
The three issues distilled for determination of the appeal of Appeal at the Court of Appeal, which the Respondent’s Further, the trial court went beyond the reliefs sought,
were: sole issue was predicated upon, was vague, and did not which was an Order of Injunction restraining the Respon-
1. Whether the Court of Appeal was correct in law, to arise from the decision of the trial court; therefore, it was dent from declaring the Appellants redundant. The power
have dismissed the Appellants’ Preliminary Objection invalid. of a court does not extend to compelling an unwilling
against the Respondent’s appeal at the court below. employer, to retain employees it does not need. The
2. Whether the Court of Appeal was right, to have set only thing a court can do, is to order for payment of
aside the decision of the trial court and ordered a retrial of all entitlements of the employees, based on the provi-
the substantive suit before another Judge, on the ground
that the learned trial Judge delved into substantive issues at
“.....AS A GENERAL RULE, A GROUND sions of the contract of employment. The Order made
by the trial court, deeming the Appellants as the employees
an interlocutory stage, when it made the order reinstating OF APPEAL SHOULD CHALLENGE of the Respondent, was beyond its powers, and the Court
the Appellants in the Respondent’s employ. of Appeal was right when it set the Order aside.
3. Whether the Court of Appeal was correct in the THE DECISION, PARTICULARLY, Appeal Dismissed.
circumstances of the appeal before it, to have held that the THE RATIO DECIDENDI OF THE
learned trial Judge went beyond the reliefs sought on the Representation
motion paper, thereby becoming a Father Christmas. LOWER COURT. HOWEVER, WHERE S.C. Peters with Hillary Ugwu Esq., Joshua Akor, Esq., Dirrine
Davies Esq, and E.B. Ezekiel Esq. for the Appellants.
Arguments
A GROUND OF APPEAL QUESTIONS
On the first issue, counsel for the Appellants argued that, THE JURISDICTION OF A COURT, IT IS L. Olaseinde Kareem, Esq. with Joseph Oche for the Respon-
the Respondent’s appeal at the Court of Appeal, which dents.
challenged the jurisdiction of the trial court to determine IMMATERIAL WHETHER THE GROUND/
the substantive suit at an interlocutory stage, was incompe-
tent, as it was not hinged on the decision/pronouncement
ISSUE, CONSTITUTED THE RATIO OF Reported by Optimum Publishers Limited
(Publishers of the Nigerian Monthly Law Reports
of the trial court; hence, the lower court was wrong to THAT DECISION OR NOT” (NMLR))
24.09.2019 NEWS/5

U.S. Mission Supports


Intellectual Property Rights
Protection in Nigeria
Akinwale Akintunde She urged stakeholders,
government, consumers, and
The U.S. Mission in businesses, to join forces in
Nigeria and the Ameri- ensuring the protection and
can Business Council, enforcement of intellectual
in partnership with the property rights.
Government of Nigeria Also, speaking at the
and members of the opening of the symposium
private sector, launched were Robert Bowman from
a two-day Intellectual the U.S. Department of
Property (IP) Symposium Justice’s Office of Overseas
in Lagos, last week. Prosecutorial Development
The symposium held at Assistance and Training, as
the Eko Hotels & Suites, well as Professor Adebambo
Lagos, with the theme, Adewopo, SAN, a leading
‘The Bane of Counterfeit intellectual property scholar
Pharmaceuticals and and the IP Chair at the Ni-
L-R: Managing Director of Premier Records Limited, Mr. Toju Ejueyitchie, IP Chair NIALS, Professor Adebambo Adewopo,SAN, Executive Di- Piracy’, brought together gerian Institute of Advanced
rector NFVCB, Alhaji Adebayo Thomas, moderating the discussion, Director General of NCC, Mr. John Asien and Comptroller-General of the a broad range of stake- Legal Studies.
Nigeria Immigration Service, Mohammed Babandede at the Intellectual Property Symposium organised by the US Embassy in partnership holders, including senior In his keynote address,
with the American Business Council held at Eko hotel & Suites, Lagos officials from Federal Professor Adewopo, SAN
Ministries, Departments noted that, the increasing
and Agencies, legislators, role of Intellectual Property
Lawyers, business, and Rights (IPRs), as a strategic
technology leaders. resource for economic
Malami Restates FG’s Commitment to Businesses and organisa-
tions from various sectors
of the Nigerian economy,
growth, has continued in
its ever-growing significance
to the core values of human
Provide Unhindered Access to Justice such as the Pharmaceu-
ticals, Consumer goods,
Information and Commu-
enterprise and development
goals.
According to him, in an
Ibrahim Oyewale in ensure that every Nigerian ters, the Act was repealed Nigeria Police Force and nication technology (ICT) increasingly borderless world
Lokoja has unhindered access to in 2011, wherein the man- the Nigerian Correctional and Entertainment sector, of the 4th Industrial Era,
justice. date of the Council was Service, and with support were well represented. marked by rapid advances
The Minister of Justice He explained that, the expanded to cover both of our parent Ministry, we U.S. Embassy Chargé in digital technologies, the
and Attorney-General of Legal Aid Council has a criminal and civil matters. have been able to achieve d'affaires, Kathleen role of IPRs remain assured.
the Federation, Mr Abubakar big role to play, and as This has in no small mea- some level of success in the FitzGibbon, delivered “The opportunities and
Malami, SAN has restated the such, needs to be well sure, enabled the Council discharge of our mandate remarks highlighting the challenges of the global
commitment of the Federal repositioned for the task to cover substantial ground as contained in enabling importance of intellectual economy, can only leave
Government under the leader- ahead. in the administration of Act”, he stressed. property rights protec- an unconnected country
ship of President Muham- The Attorney-General of justice in the country", Also speaking, the Chief tion, which enables the behind. As the opportuni-
madu Buhari, to provide the Federation added that, the Attorney-General said. Judge of Kogi State, Justice innovation and creativity ties are opening new pos-
free access to justice and one of the services that Earlier in his address, the Nasiru Ajanah, com- needed to bolster economic sibilities, the challenges are
a better life for the down could be provided to the Director General, Legal Aid mended the Legal Aid growth. cutting new paths for future
trodden Nigerians. people, is the unhindered Council , Abubakar Aliyu Council of Nigeria for their Chargé FitzGibbon noted progress, for the society to
Malami who disclosed this, access to justice, of which explained that, the Legal role in the administration that, strong intellectual benefit from new ideas.
while speaking at the opening legal Aid Council stands for. Aid Council has a long his- of justice in Kogi State. property rights protection “In this wise, the role of IP
ceremony of a two-day retreat "As you are aware, the tory spanning over 40 years Justice Ajanah noted that, is essential to creating jobs, has been historic, as it has
themed "Repositioning the Council was established of service to the indigent the Council has always and opening new markets been multidimensional. It
Legal Aid Council for Better 1976 with the promulgation Nigerians, stressing that the been a part of Correctional for goods and services. cuts across many productive
Service Delivery", in Lokoja, of the Legal Aid Decree place of the Council in the Centre’s decongestion “This is not just an sectors of the economy and
the Kogi State capital last No. 56, with the mandate administration of justice, exercise, saying that the American issue, this is development disciplines.
weekend, stated that the to handle criminal matters. cannot be over emphasised. Judiciary will continue to a global issue and as “It promises to assist in
retreat is coming at a time With the passage of time "Together with other key partner with the Legal Aid Nigeria moves ahead with harnessing the enormous hu-
when the country needs to and upsurge of civil mat- stakeholders, such as the Council. goals of diversifying and man resources that abound
shifting to a knowledge- everywhere, and in every
based economy, a strong field of human enterprise. In
intellectual property Nigeria, we often speak of
rights regime will help the rich Human Resources,
CEHEJ Report Reveals how General Electric, attract investment and
protect Nigerian ideas
as one of our greatest natural
endowments. In reality, that
and Nigerian businesses”,
other Electricity Contractors Failed Nigerians Chargé FitzGibbon said. CONTINUED ON PAGE 15
Akinwale Akintunde country other than general the power sector despite feasible, while others
darkness. claiming to be Nigeria’s although feasible, were
A new report released by The 70-page report found strategic development awarded to fictitious, non-
the Centre for Health Equity
and Justice (CEHEJ) has
that the billions of dollars
spent by the Nigerian
partner.
“The report shows that
functional or non-existent
companies which are in
Funke Adekoya, SAN Wins
revealed how fraudulent
contracts were awarded in
Government in the power
sector have been paid to
although the Kaduna
Power Plant contract
other words referred to
as shell companies in
Partner of the Year at the
the Nigerian power sector.
The report titled, ‘Kept
contractors, most of whom
failed to deliver on their
was awarded since 2009
as a turnkey project with
that they exist only on
paper. Of graver worry
African Legal Awards 2019
in Darkness – Holding projects and promises to a term of 36 months, it is the fact that most of Akinwale Akintunde and numerous awards for
Non-Performing Electricity Nigeria. has not been delivered the projects for which the excellence in the commercial
Contractors Accountable’, The Report further till date, i.e. after over contracts were awarded, For her exceptional litigation and corporate
specifically revealed how revealed that corruption in 10 years. Worse still, on up until now, remain unat- achievement in Africa’s dispute resolution areas.
a globally acclaimed giant the electricity sector mani- average each engineer tended to, either totally legal services industry, She leads a team at LEX
of electricity, General Electric fested by way of inflation of GE on the project site unattended or inexplicably LEX partner, Mrs. that represents businesses
(GE) with long term pres- of contracts, fraud, bribery gulps from the Nigerian abandoned half-way”, it Funke Adekoya, SAN, in various sectors.
ence in Nigeria and other and misappropriation of Government purse a stated. has bagged, Partner of The awards ceremony
electricity contractors under- funds, among others. daily sum in US dollars The report seeks to the Year Award at the took place this month in
performed and failed in their “GE, as a so-called that is way higher than ensure that those who African Legal Awards Johannesburg, South Africa.
contractual obligations to development partner of the monthly salary of a failed to perform or 2019.
Nigeria in the electricity Nigeria has collected more permanent secretary in the deliver on contractual The scoring criteria
sector. money from Nigeria more Government Ministries. obligations, duties and include the contestant’s
According to the Report, than any other entity and The report is convinced responsibilities in the track record of exemplary
which was presented to the has disappointed the most. that no foreign entity has power sector are held leadership, strong legal
public in Lagos last Thursday In x-raying the Kaduna caused such financial accountable and punished skills, resourcefulness
by the lead researcher and Power Plant that was haemorrhage on Nigeria under the existing law; which has led to suc-
an associate professor at the awarded to GE as Contrac- as GE has done. contractual agreements, cesses, upright client
Faculty of Law, University tor in consortium with an “In the Course of the and document. management practices,
of Lagos, Dr. Yemi Oke, indigenous company, the investigations culminat- Dr. Oke in his presenta- and measurable con-
General Electric and other report reveals how GE has ing in this report, it was tion stated that “of the tributions to the wider
failed contractors did not been very deliberate and discovered that some of reported or documented community.
give anything back to Nigeria systematic in disappoint- the Contracts awarded cases of under-performing Funke in over 40 years
in exchange for the billions ing Nigeria’s legitimate were for purposes or of practice has received
of dollars taken out of the expectations in salvaging projects that were not CONTINUED ON PAGE 15 considerable recognition Funke Adekoya, SAN
6/ 24.09.2019

Ensure Women, Children have Unhindered Access to Justice


Anywhere in Nigeria, Women Lawyers tell Government
Akinwale Akintunde for their colour, sex, race, tribe and medical
condition? Sadly, these abusive acts are per-
African Women Lawyers Association petrated by parents, guardians, neighbours,
(AWLA), has implored government at all friends, strangers, teachers, and persons in
levels, to be more deliberate and intentional positions of trust and power.
towards ensuring that women and children “Instances of child abuse vary, which
have unhindered access to justice, anywhere includes narratives such as when a woman
in Nigeria. was arrested by the gender unit desk of
In order to achieve this and protect the the Nigeria Police, for locking an orphan
rights of children, prevail over violence child in a dog cage. Another sad instance,
to abuse them, the group advocated for was when a woman killed her daughter
a one stop justice system for women and for stealing the sum of N350. What about
children, with special Federal courts with endless torture on children, employed by
one jurisdiction and power to deal with housemaids?
any matter involving abuse of women and “Child neglect, is also an instance of child
children, anywhere in Nigeria. abuse. Depriving children of education and
AWLA also called for an adequate sup- quality healthcare, is a disservice to children
port structure for victims of abuse, adding and the nation. Some parents and family
that, they must not be subjected to double members, starve their children. They go
jeopardy for reporting. further to inflict bruises and lacerations, on
“They must be supported and protected, children. They murder disabled children. L-R: Coordinator, AWLA Cross River State, Mrs. Theresa Ibas, Guest Speaker, Her Honour Magistrate Fo-
all the way. Compensation for victims of They sell their children, and commit other larin Williams, Bukola Akinloye, representing the Wife of Lagos State Governor, Her Excellency, Dr. Mrs.
abuse, and especially, child defilement. They crimes against the child. Homeless children Ibijoke Sanwo-Olu, AWLA President, Mandy Asagba, AWLA Regional Coordinator (South South), Mrs. Efe
are victims of, a failed society.” are roaming the streets, with no hope for the Etomi, Guest Speaker on Plea Bargain, Mr. Akin George, representing RoLAC and Lagos State Attorney-
AWLA made this call through its President, future. Abused children, do not have access General and Commissioner for Justice and NBA Vice President, Foluke Dada
Mrs. Mandy Demechi-Asagba, at the annual to shelter and justice. So, what is the role of
celebration of AWLA Parley with the theme, the African Women Lawyers Association, in
‘Zero Tolerance Towards Child Abuse’ all these sad pictures being painted here?
AWLA Parley is a programme which “At this stage, and as we strive to protect
brings together everyone, including Lawyers, the rights of children and prevail over violence
women, children, other NGOs and likeminded to abused children, we implore the Govern-
stakeholders, to discuss on common ground, ment at all levels, to be more deliberate and
in order to raise awareness and collaborate intentional towards ensuring that women and
on the way forward for women and children. children have unhindered access to justice
Speaking at the Parley, AWLA President, anywhere and everywhere in Nigeria, as we
Demechi-Asagba, said the 2019 theme was propose a one-stop justice system for women
apt because it is centred on the leaders of and children with special Federal courts with
tomorrow. one jurisdiction, and power to deal with any
She expressed serious concern, at the matter connected to, or relating to women
alarming increase of women and child and children anywhere in Nigeria; adoption
abuse across the country. of a monistic approach to applicability of any
“It is so glaring, as every day in the media, international convention, treatise and protocol
whether offline or online, we know how pertaining to, and or relating to women and
child abuse has reached an alarming rate, children, thus, automatically incorporating
which takes place in different circumstances ratified international Conventions, Treatise
and settings. Child abuse and molestation and Protocols into our National corpus juris,
keeps evolving from child labour to child in order not to shut out women and children
prostitution, child marriage, child sexual from non-compliant States from justice, using
violence, child trafficking, child abduction the model of Section 245 C (2) of the 1999
or kidnapping, domestic violence, child Constitution of the Federal Republic of Nigeria Mrs. Efe Etomi, receiving the Award of Excellence on behalf of the First Lady of Edo State, Her Excellency Mrs Betsy
torture, indecent treatment of boys and (third alteration as amended 2010), in relation Obaseki for her selfless and outstanding commitment and contributions to the welfare of the Nigerian Woman
girls, procuring abortion for children, and to Labour matters; adequate support structure
many more child-related crimes. Even the for victims. They must not be subjected to and compensation for victims of abuse “If we must end the spate of terror unleashed
physically disabled children, are not exempted. double jeopardy, for reporting. They must and especially, child defilement. They are on children and women, we must take decisive
“What about children who are stigmatised be supported and protected all the way, victims of a failed society. steps”, Demechi-Asagba stated.

Legal Personality of the Week James A James Esq.

‘A Lawyer must study, as if his last


breath depends on it’
Please, give a brief introduction working under a principal who was Why did you become a Lawyer?
of yourself. conservative with knowledge, my legal I became a Lawyer because I grew up
My name is James A James Esq, a practice was extremely limited. in a neighbourhood where there was so
native of Nkoro town in Opobo/Nkoro much oppression of the poor, and this
Local Government Area of Rivers State. What was your worst day as a consequently, heightened my passion to
I attended Springfield Nursery School, Lawyer? stand for the oppressed, indigent and
Borikiri and proceeded to State School My worst day as a Lawyer, was the voiceless.
1, Township School Moscow Road, Port actually my first day in court, where
Harcourt for my primary education. I personally conducted a matter before What would be your advice to anyone
Subsequently, I attended Enitonna High Hon. Justice B.A. Georgewill, now Justice wanting a career in law?
School, Borikiri, where I had my secondary of the Court of Appeal. He threw so Becoming a Lawyer is an exciting and
education. After my SSCE and JAMB, I got many questions at me, that even the noble dream, but one must be prepared,
admission to study law at the University senior colleagues sitting beside me in to study as if your last breath depends
of Calabar in Cross River State, where court that day, could not be of help. on it. Aspiring Lawyers, should not be
I obtained my Bachelor of law degree. To put it mildly, that day that I first discouraged by the legal challenges ahead.
Thereafter, Iproceeded to the Nigerian appeared in court on my won to conduct
Law School (Kano Campus) for my BL, a matter, I was judicially baptised! If you had not become a Lawyer,
and was called the Bar in 2011. I did my what other career would you have
compulsory NYSC in Abia State, at the What is your most memorable chosen?
Judicial Service Commission, Umuahia. I experience as a Lawyer? I would have chosen to be a footballer.
got married to a colleague in 2015, and My most memorable experience as I feel fulfilled when I use my experience
we are now blessed with a son. a Lawyer so fat, was the day I cross- and skills, to make people happy and
I started my legal practice with Chief James A James Esq examined a Senior Advocate of Nigeria relax.
M.B.R Urombo of Metong & Metong in the witness box.
Fulfillment Chambers, and later, I moved Have you had any challenge on your Where do you see yourself in ten
to A. A. Brown & Co. Currently, my career as a Lawyer, and if so, what Who has been most influential in years?
wife and I practice in our Chambers, were the main challenges ? you life? I see myself at the echelon of legal
St. James Legal Consult, within Port Yes, I have had challenges as a Lawyer. My darling wife, has been the most practice, and a frontline human rights
Harcourt metropolis. As a new-commer into the profession, influential person in my life. activist, celebrated across the globe.
24.09.2019 /7

TALKING CONSTITUTIONAL DEMOCRACY


DR. MIKE OZEKHOME, SAN SMS only to 08098898888

The $9 Billion Judgement Debt


Brouhaha: Legal Issues Arising (Part 3)

W
Introduction façade theory in
e shall now continue with the ALade v Alic (Nig. Ltd) ( 2010) 19 NWLR (PT
third part of our submission, 1226) Pg 111 @ 127 (paras E-F), where it held
on this topical and extremely thus: “it must be stated that, this court as the last
important issue, which has court of the land, will not allow a party to use his
kept Nigeria on tenterhooks, company as a cover to dupe, cheat and or defraud
with the more recent develop- an innocent citizen who entered into a lawful
ments, and then fall back contract with the company, only to be confronted
again to look at some of the with the companies legal entity as distinct from
issues arising. his directors’’.
The Federal High Court Thus, the federal government may ask that the veil of
in Abuja on 19th September, 2019, convicted and incorporation of the now dead company be pierced to
subsequently, ordered the winding up of Process and exhume the real human beings behind it whilst it was
Industrial Developments Ltd and its Nigeria affiliate, alive as a legal entity.
P & ID Nigeria Ltd.
The order was made by Justice Inyang Ekwo, when The Rule in Turquand’s Case
some alleged representatives of P& ID pleaded guilty However, going by The Rule in Turquand’s case,
to an 11 count charge of fraud, money laundering, tax it may be difficult for Nigeria to rely on alleged
evasion and other sundry offences, in connection with non-approval of the contract with P & ID, on the
the 2010 controversial judgement by a British court. The grounds that it did not follow due process in Nigeria,
court had empowered P&ID, to seize about $9.6 billion or that it was not approved by the Federal Executive
worth of Nigerian assets. Council (FEC), or that it breached Sections 2 & 3 of the
The judgement also ordered that the “assets and Infrastructural Regulatory Commission Act. The reason
properties” of the two companies, be forfeited to the is traceable to The Rule in Turquand’s Case.
Federal Government of Nigeria. Through this process,
Nigeria hopes to lay a solid foundation that the entire The Principle as laid down in Royal British Bank
$9.6 judgement debt is rooted in fraud and corruption, v Turquand (1856) 6 E & B 327
and so, cannot stand the test of judicial enforceability. This is a very famous company law principle, which
This, Nigeria hopes, will enable her apply to set aside President Muhammadu Buhari held that people transacting with companies are entitled
the judgement liability. to assume that internal company rules are complied
The foreign P & ID incorporated in the British Virgin arbitral award is subject to execution against Nigeria. I with, even if they are not. This (Indoor Management
Island, was said to have been represented in court by had earlier on posited my legal opinion, pro bono, to Rule) or The Rule in Turquand’s Case is applicable
its commercial Director, Mohammed Kuchazi, while the Federal Government, as a Nigerian patriot. in most of the Common Law World, including Nigeria.
P & ID Nigeria Ltd was represented by one Adamu More significantly, the conviction and winding up of It originally mitigated the harshness of the constructive
Usman, a Lawyer and Director of the company. They the P&ID were carried out, after the arbitral award had notice doctrine and in the UK, it is now supplemented
were both said to have pleaded guilty to the 11 count been made and entered by aBritish Court. Rights, duties by the Companies Act, 2006 Section 36-41.
charge on behalf of the company, bordering on advance and obligations had already accrued and inured, and The indoor management rule has been applied in
fee fraud (419). same cannot be abated or cancelled retroactively, by a the Nigerian case of Metalimpes v A.G Leventis &
However, P & ID, through its counsel, Andrew futuristic order as just done by the Federal High Court, Co. Nigeria Limited (1976) 2 SC 91, (1976) 1 ALL
Staffort, Q.C, of Abuja. We should also note that, the company, though NLR (Part 1) 94.
Kobre & Kim, based in London, has already limited, has human beings running it as Directors The Court held in that case, that, a person dealing
denounced and and alter egos, since the P&ID as a corporation, is an with a company is entitled to assume, in the absence of
Page 1 of 7 inanimate object that acts through the instrumentality facts putting him on enquiry, that there has been due
repudiated the Federal High Court judgement. He of living human beings. This is a trite principle of law, compliance with all matters of internal management
described the trial and judgement as a “sham and established in the case of Salomon v Salomon. and procedures required by the Articles, and is not
entirely illegitimate”. He accused the Buhari adminis- required to enquire into the internal workings of the
tration of targeting innocent individuals associated with The Rule in Salomon VS Salomon & Co. Ltd Company.
the companies with detentions, using the EFCC, and (1897) AC 22. Similarly, in the case of Trenco Nigeria Limited
vowed to “continue to identify and seize Nigerian The principle of Corporate Separate Personality has v African Real Estate and Investment Company
assets”. since been firmly established in common law, since (1978) 3 SC 9, (1978) 1 LRN 146, the Supreme
The Nigerian Government order obtained from the decision in Salomon v Salomon & Co. Ltd. It Court also held, applying this rule, that the Defendants
Federal High Court, Abuja, is no doubt a good is to the effect that, a corporation has a separate legal were entitled to assume that the Chairman of the
response from the domestic angle, but it appears to me personality, rights and obligations, totally distinct from Plaintiff’s company, had the authority to enter into a
that, the best way out for us as a Nation, for now, is those of his shareholders. Legislation and courts never- binding contract with a Defendant’s company on behalf
to first attack the main judgement and the award, and the- less sometimes pierce the corporate veil, so as to of the Plaintiff’s company.
immediately file an appeal and stay of execution of the hold the shareholders personally liable for the liabilities
judgement. The reason is that, the Federal High Court of the corporation. Courts may also lift the corporate Way out for Nigeria
in Abuja does not have extra-territorial jurisdiction over veil in the conflict of laws, in order to determine who The best way for Nigeria to move forward therefore,
the UK court that okayed the award, and the arbitral actually controls the corporation, and thus, to ascertain is for the Federal Government to further arraign,
tribunal in the UK that initially made the $9.6 billion the corporations through contracts and closest and most prosecute and convict the brains behind the company,
award. The Federal High Court in Nigeria, can only real connections. When a company receives a certificate who are currently abroad. The Administration of
prevent execution of the award from being effected of incorporation, it has a separate legal personality. In Criminal Justice Act (ACJA) allows this sort of trial in
against government properties and monies domiciled law, the company becomes a legal person, in its own absentia, if it is shown to the satisfaction of the court
in Nigeria, but not against such properties and monies right. that the suspects were duly served with the criminal
domiciled within the 28 EU countries and 60 countries The global consensus therefore, is that courts of law charges and the date of arraignment communicated
that make up the New York Convention, to which the in certain circumstances can pierce the veil if there is to them, but that they refused to make themselves
an abuse by the Shareholders or Directors, or where available for trial. A bench warrant will have to first be
there is an apparent impropriety. In addition, pundits issued. See Sections 352 (4) of Administration of
and legal scholars have also advocated the possibility Criminal Justice Act (ACJA) 2015. See also Sections
of holding shareholders liable for the company’s debt, 113, 131, 134, 177, 382 and 399 0f ACJA.
as well. For the veil to be lifted, four conditions must See the Cases of Apugo v FRN (2017) lpelr-41643
“HOWEVER, GOING BY THE RULE however be met, to wit:
1. A loss must have occurred.
(CA); Cadbury Nig Plc v FRN (2004) LPELR- 5422
(CA); Chukwu v IGP (2018) LPELR-45249 (CA);
IN TURQUAND’S CASE, IT MAY BE 2. A limited liability company must have been used in Glencore Energy UK Ltd v FRN (2018) LPELR
an artificial and reprehensible way, as a means to avoid 43860 (CA).
DIFFICULT FOR NIGERIA TO RELY ON a payment liability for its shareholders. Last week, we had continued with our discourse on
ALLEGED NON-APPROVAL OF THE 3. There must be a casual link between the loss and
the cause and
the legal issues arising from this $9 judgement debt,
wherein, we had considered the legal concept of the
CONTRACT WITH P & ID, ON THE 4. It must be possible to identify the shareholders in “nullus commodity capere protested injuria sua
the limited liability company. propia”, meaning, ‘no one should be permitted
GROUNDS THAT IT DID NOT FOLLOW The above prerequisites must co-exist simultaneously, to profit by his own wrong or default’. Today, we
for the corporate veil to be pierced. This alter ego shall take a look at other concepts as advanced by
DUE PROCESS IN NIGERIA, OR THAT theory was applied by the Nigerian court in Fairline pro-government advisors to arrive at a just opinion.
IT WAS NOT APPROVED BY THE Pharmaceutical Industries Limited v Trustadjusters
Nigeria Limited (2012) LPELR 20860 (CA).
FEDERAL EXECUTIVE COUNCIL” The Nigerian Apex Court, gave credence to this CONTINUED ON PAGE 14
8/COVER 24.09.2019

Mrs. Miannaya Essien, SAN


Photos: Kolawole Alli

‘The Bar Must Urgently


Address Sexual Harassment’
She gave her male colleagues, a run for their money. As Chairperson of the Section on Legal
Practice (SLP), Mrs. Miannaya Essien, SAN raised the standards of SLP to enviable heights, far
beyond where she met them, despite her initial humongous challenges, including the Section being
suspended for two years. In a rare feat, her two-year tenure, not only saw the Section’s finances
quadruple, Lawyers were opportune to attend very meaningful workshops and mini-Conferences
organised by she and her team. Recently, Mrs. Essien, SAN spoke to Onikepo Braithwaite and
Jude Igbanoi on her milestones, and how she achieved them. She also expressed her views on
the burning global issue of bullying and sexual harassment in the workplace, and why she does
not believe that the Nigerian Bar Association, has lost its voice

T
he NBA Section on Legal “BETWEEN BOMA ALABI, WHO WAS THE It was less than 24 months, because due to the
Practice which you chaired TREASURER, AND I, NOTHING WAS SPENT peculiar situation the Section had been in, we needed
for two years, experienced a NEC approval before we actually took over. We
phenomenal bounce back after THAT WAS NOT IN THE BUDGET, OR COULD got that approval on the 23rd of November, 2017
two years in limbo, when its NOT BE JUSTIFIED. WE HAVE NO APOLOGIES at the NEC meeting which held on that date.
activities were suspended. But, I was able to achieve this with teamwork, passion,
within a very short period of WHATSOEVER, FOR THAT, AS THAT IS HOW IT and the need to contribute towards the repositioning
24 months, you took the Section SHOULD BE. ALTHOUGH, I HEARD FROM THE of the Bar as a tool towards improved legal services.
to greater heights, and made it When you are the lead in a team, you must
even better and more relevant GRAPEVINE THAT PEOPLE DID NOT WANT TO remember that your accomplishments are only as
in the scheme of things, than it was before you WORK WITH ME, BECAUSE I WAS NOTORIOUSLY good as the team you lead. I therefore, could not
took over as Chairperson. How were you able have done it alone. Some people feel they need to
to accomplish this? TIGHT FISTED, WHATEVER THAT MEANT” be a lone star. That is not necessary. In our case, I
24.09.2019 COVER/9

am proud to say we had a committed Exco, made the first of its kind at an NBA conference. Delegates
up of Seun Abimbola, Boma Alabi OON and Bunmi still talk about it. As an avid hiker, I can tell you it “AS YOU ARE AWARE, AT THE
Ibraheem. Not to mention our Council Members
including, Chief Adegboyega Awomolo, SAN, Mr.
was an awesome experience hiking a 500-million-year
batholith that is listed as a UNESCO World heritage
ANNUAL GENERAL CONFERENCE,
E.C. Ukala, SAN, Mrs. Funke Adekoya, SAN and DC. tentative site. I am looking forward to other trails THE IBA PRESIDENT, HORACIO
Denwigwe, SAN, Charles Adeogun Philips and Prof. one can explore in Ondo State, as I hear there are
Augustine Agom. There are also senior members of several. BERNARDES NETO, LAUNCHED
the Bar, like J. B. Daudu, SAN and Mallam Yusuf
Ali, SAN, to mention a few who were passionate
We also had a one-day mini conference in Port
Harcourt, which was held by the Democratic and
THE IBA REPORT ON BULLYING
about SLP. Of course, we had the support of the Electoral Litigation Committee of the Section (chaired AND SEXUAL HARASSMENT IN THE
past President, A. B. Mahmoud, SAN, the current by Chief Ferdinand Orbih, SAN). We held a breakfast
President , Paul Usoro, SAN (and their respective meeting with In-house Counsel in Lagos, and took LEGAL COMMUNITY, WHICH SETS
Excos) who were instrumental in our achieving the part at the Nigerian Association of Law Teachers’
herculean task we had, of rebuilding the Section Conference in 2018, which was held at Abuja. Save for OUT IN UNSETTLING DETAILS HOW
from the scratch and repositioning it.
Passion for the Section and the need to contribute
the Law Teachers’ Conference, I personally sponsored
dozens of young Lawyers to those conferences,
ENDEMIC THE PROBLEM IS WITHIN
towards the development of the Bar and Legal Practice, including the Annual General Conference which just THE LEGAL COMMUNITY”
were other drivers. All members of the Exco and held. That is the least I could do for my younger
Council members, were just as passionate about the colleagues, and I personally paid because it was not
fundamental role the Section plays at the Bar. As I keep in the Section’s budget. Our Annual Report, details
saying, the Section on Legal Practice encompasses all what we did in my tenure. Seyi Makinde (prior to his becoming the Governor
aspects of Legal Practice, irrespective of your area of Historically, the Section is proud to have over of Oyo State).
specialisation. Recognising it’s importance, the Exco, the years pioneered many professional develop- Between Boma Alabi, who was the Treasurer, and I,
was committed to revamping and repositioning the ment initiatives at the NBA, many of which have nothing was spent that was not in the budget or could
Section to bring it in tune with the current realities been absorbed by other Sections and the National not be justified. We have no apologies whatsoever,
of legal practice, bringing knowledge and practice Executive. In 2008, the SLP pioneered the Law Firm for that, as that is how it should be. Although, I
tips to members’ doorsteps, or should I say, devices. Management Committee, as a virile committee of heard from the grapevine that people did not want
Our website was revamped, with members ability the NBA. We set the discussion on professional to work with me because I was notoriously tight
to log on and access various resources. We also held practice development, standards, etc. for law firms fisted, whatever that meant.
two Annual Conferences, a one-day conference, as and operations. Again, the SLP initiated the Young Exco and Council members, as well as Committee
well as several other activities of which members are Lawyers Mentoring Scheme in 2009, a project other Chairs, spent their own money on travel and other
aware. We also had our quarterly newsletter and the Sections and the Bar have also adopted. In recent related expenses. We all believed it was a sacrifice we
Section on Legal Practice Journal, which was made times, under my Chairmanship, we partnered with needed to make, to grow the Section and to leave a
available to members. For the newsletter, I ensured the Nigerian Association of Law Teachers in Abuja. legacy. We were also all committed to raising funds
we had top-notch, cutting edge articles. I still get I am also aware that, the SLP has initiated such for our various events, and as much as possible,
calls or messages from colleagues and members of partnerships with other institutions and organisa- ensured that we did not dip our hands into the
the Judiciary, asking me to forward copies to them. tions which you will see unveiled in the coming money we met on resumption, and I am happy we
We had dedicated Committee chairs, who were months, and I believe they may have a plan for achieved that.
square pegs in square holes, and derived satisfaction young Lawyers. The SLP policy for committee events, is that each
in spreading knowledge from their areas of expertise. From the just circulated records of the parent committee is responsible for raising money for its
I can say that, one thing that has been consistent body, the NBA, your SLP Exco met N23 million in events. This was adhered to in all cases, so the Sec-
is that, throughout my tenure, members of the Bar its kitty, but records show that, you are leaving tion never funded a committee event, no matter
were overwhelmingly happy the Section was back over N85m for the incoming Exco. Other Sections how small.
on track, and we are grateful for that. Hopefully, at would be appreciative, if you shared the tips of Another way we managed our costs, was by, as
least now, when I call my friends and colleagues, your prudence, in managing the SLP treasury. much as is practicable, using the local talent, thereby
they won’t think I am just calling to ask for financial First, let me correct the figures. When we took reducing costs and ensuring the money remained
support for the Section! over in 2017, we met the sum of N21,120,677.00 in in the city we were, in which helped to empower
Our tenure has ended, and it is now for our new the Section’s various accounts, and as at the 31st the local service providers.
Exco, made up of Seun Abimbola, Chief Ferdinand of July, 2019, we had a cash and bank balance of Ultimately, other than salaries, rent and running
Orbih, SAN, Folashade Alli and Tonye Krukrubo, to N80,471,453.00. We circulated our Annual Report and expenses, we basically did not spend money, except
continue from where we stopped. I have no doubt Accounts for 2019, at our Annual General Meeting held on the conferences, breakfast session and other
that they will do an exceptional job. on the 29th of August, 2019. Our audited accounts partnerships we undertook. The costs of which,
Kindly give us an overview of your steward- were also circulated by NBA, as an Appendix to the are clearly captured in our accounts.
ship which you just completed; what policies the NBA’s audited accounts for 2019, so our financials We are quite pleased that we improved upon what
Section was able to drive during your tenure, are a matter of public knowledge. we met, and I am hopeful that the new Exco, will
and whether you were actually able to get some When we came on board, there was overwhelming do even better.
of these policies implemented by the public and support for the Section, and senior members of the During your tenure as SLP Chairperson, we have
private sectors. Bar, our friends and colleagues, were very comfort- seen Lawyers, including SANs being sanctioned,
We had two Annual conferences. One in April, 2018 able donating to the Section. We also had immense one even being convicted of a criminal offence.
in Port Harcourt, and the other in May, 2019 in Akure. financial support and donations from the Governor What really is the problem in the legal profession
I make bold to say that the Akure conference will of Ondo State, Arakunrin Oluwarotimi Akeredolu, today, so much so that, cases of professional
also be remembered by most delegates for the Idanre SAN, the Governor of Rivers State, Chief Nyesom impropriety seem to be on the rise? What steps
hills hike, which to the best of my knowledge, was Wike, CON, as well as the Oyo State Governor, Engr. can be taken to stem this negative tide?
In my opinion, there are four key problems - the
perception that a Lawyer must always win his case,
the inordinate quest for quick money, a failure to
adhere to the Rules of Professional Conduct, and
the delay in the resolution of disciplinary matters.
To address these issues, I believe there is a need to
refocus on knowing appropriate ethical behaviour,
professional conduct, and a review of the disciplinary
process. During my tenure, we started a publication
of the Committee on Professional Ethics (headed
by Folashade Alli), which was the “RPC at a Glance
(Know Your Rules Series)”, which we circulated by
social media and email. Through that medium, we
were able to highlight areas that were of the most
concern, and draw Lawyers’ attention to them.
You will be surprised, at some of the feedback I
got. For instance, somebody told me he was not
aware that he had to have a different account, for
his clients’ money. Something that basic. You can of
course imagine that, the person is clearly in breach
of Rule 23(2).
When you check the law reports, you find that
most of the cases of misconduct have to do with
Lawyers breaching Rule 27(1) which provides that
“A lawyer shall not do any act whereby for his personal
benefit or gain he abuses or takes advantage of the confidence
reposed in him by the client”.
Based on 31 cases reported in the Nigerian Weekly
Law Reports between 2006 and 2017, it was observed
that, cases that dealt with Lawyers converting clients
property were the highest, at 48%; Not carrying
out client’s instructions within the confines of the
law – 16%; Lack of diligence in carrying out clients
instruction- 14%; Harassment/ Exploitation of client
- 6%; Engaging in business inconsistent with that
of a legal practitioner - 6%; False allegation against
a Judge - 3%; Conflict of interest- 3%; Sharing of
legal fees with a non-Lawyers - 3%; Use of indecent
language unbecoming of a legal practitioner -3%;
Communication with a Judge - 3%.
CONTINUED ON PAGE 10
10/COVER 24.09.2019

‘THE BAR MUST URGENTLY ADDRESS SEXUAL HARASSMENT’ CONTINUED FROM PAGE 9
What tends to happen is, when Lawyers be specifically addressed in our Rules
are reported, they quickly refund the of Professional Conduct of the legal
money or property to the client, who, profession. It was also suggested that,
subsequently (more often than not) serious consideration should be given,
withdraws the petition. I am of the view to Lawyers signing a code on bullying
that, there is a need for the Rules to be and sexual harassment. Some of the
changed, such that, once there is such an stories one hears are horrendous, and
allegation of misconduct in a petition, it the perpetrators can easily be charged
cannot be withdrawn by the Petitioner, as for criminal offences.
misconduct brings the entire profession Unfortunately, unless it is a large
into disrepute. We need to guard our firm, the likelihood is that, if a junior
reputations jealously, as when there are complains, he or she is likely to lose
allegations of that nature, we are all his/her job, and there is not much
tarred with the same brush. This leads anybody can do, except it can be proved
to a loss of confidence in Lawyers, by that termination was on grounds of
the public. However, where the allega- sexual harassment, in which case,
tions are frivolous, there should also be one can file an action at the National
sanctions against the person who made Industrial Court. However, if it is a
the false allegations. I am therefore, of large firm, with clear laid out policies
the view that, there is a need to review and a Human Resources Department,
the disciplinary process to make it more it is highly likely that, once a report is
robust, efficient, and time sensitive. made, if it is not frivolous, the senior
This was also one of the outcomes of Lawyer will most likely be shown the
the Annual General Conference, and is way out. Nobody wants to be around
reflected in the communique. a vile predator. The victim may also
I believe, if the NBA can declare an seek legal redress, on such grounds.
emergency, drive this return to ethical I will also encourage victims to report
conduct and prompt resolution of com- to the appropriate law enforcement agen-
plaints, we will definitely see a change, cies, and to press charges. Allegations
and we will all be the better for it. I cannot be frivolous, and must meet
have also advocated adding ethics as the relevant onus of proof.
a course, at the undergraduate level. I advocate that the NBA should
I know it exists in some universities, set up a helpline and help desk, to
but not all. confidentially handle such allegations.
Your Conferences in Port Harcourt One thread that runs through studies
and Akure have become a reference on the matter, is that the victims always
point for organising law conferences. feel helpless and fear reprisal. With
The topics, resource persons, and such resources, at least, they know
venues were A-class. The excite- where they can report such matters.
ment for young Lawyers was that, I urge the NBA to consider these,
the Conferences were affordable and as a matter of urgency.
within their reach, despite the excel- Some Lawyers, including your
lent quality. What are you leaving brother Silk, Femi Falana, are of
in place, to ensure that SLP future the opinion that the NBA seems to
conferences are not priced out of have lost its voice and focus, and
their reach? no longer plays the role expected
Our model in SLP, is to ensure our of a Bar Association. Is this a fair
conferences are affordable. That way, assessment?
a significant number of our members It is not a fair assessment, to say
who may face some financial or other that NBA has lost its voice and focus.
challenges, can attend. We always seek I am aware that both this President,
sponsorship from corporate organisations, Paul Usoro, SAN and A. B. Mahmoud,
governments etc. and senior members of SAN, his predecessor, have spoken out
the Bar - that way, the SLP can absorb on numerous issues, on behalf of the
the cost, and we significantly reduce Bar. Reports abound in the dailies and
the costs for all Lawyers, and not just the social media of such statements,
younger Lawyers. We also encourage and steps taken towards those ends.
senior Lawyers to specifically sponsor I therefore, think it is wrong to say
younger Lawyers, apart from donating that NBA has lost its voice.
to our conferences. That is our model, Each executive and administration has
and I am hopeful future SLP conferences its focal areas, projects, and approach
will not be priced out of reach. to various issues that have arisen in the
Some of the issues that flowed out past. That approach, may influence the
of the recently concluded 2019 NBA perception you have expressed. However,
General Conference, were quite deep it is not how loud a person shouts that
and engaging. The issue of sexual is material, it is what the person does
harassment in the workplace, is one and achieves, that is relevant. There
that is still resonating across the are lots of people who shout, and after
Bar. Some have argued that, both a while, you do not hear from them
genders could be equally guilty of anymore.
this malaise. What is your take on President Buhari just constituted a
this? How can juniors be protected new Federal cabinet, and sadly, again,
without losing their jobs? only a few females were appointed
The discussion on sexual harass- as Ministers. This doesn’t meet the
ment and bullying in the workplace, mandatory United Nations require-
was the focus of one of the General ment of ratio 45/55. How can this
Interest Sessions, at the just concluded perpetual imbalance be ameliorated?
Annual General Conference. It was a This is 2019, and the President needs
very heated session, and it was obvious to recognise that there are numerous
to all who were there, that it is an issue competent and confident women in
that needs to be addressed by the Bar, all fields, who will make exceptional
and urgently. Ministers. It however, seems to me
As you are aware, at the Annual that, because ministerial positions
General Conference, the IBA President, are primarily political, there is still
Horacio Bernardes Neto, launched the the perception that women do not
IBA Report on Bullying and Sexual play in that terrain, but the reality is
Harassment in the Legal Community, that, they do.
which sets out in unsettling details how The NBA has had only one female
endemic the problem is within the legal President in its history, Dame
community. Priscilla Kuye. 27 years after she
It is correct as you have said, that held office, our Association is still
sexual harassment cuts across both dominated by men. Is it not time
“I AM AWARE THAT BOTH THIS PRESIDENT, PAUL USORO, genders, but, it is clearly more prevalent for the women to step up, not just
against women than men, and various because they are playing the gender
SAN AND A. B. MAHMOUD, SAN, HIS PREDECESSOR, HAVE reports attest to this. It is a very serious card, but because they are up to
SPOKEN OUT ON NUMEROUS ISSUES, ON BEHALF OF problem that needs to be addressed the task? Some are of the opinion
urgently, and thankfully, it was addressed that, you will be a good candidate
THE BAR. REPORTS ABOUND IN THE DAILIES AND THE in the communique that was issued at for NBA President. What are your
the end of the Annual General Confer- thoughts on this matter?
SOCIAL MEDIA OF SUCH STATEMENTS, AND STEPS TAKEN ence under Legal Practice and other Ha ha! There are lots of exceptional
TOWARDS THOSE ENDS. I THEREFORE, THINK IT IS WRONG Stakeholders. It was noted therein that,
there is a prevalence of sexual harass-
women I know that are up to the task.
However, for myself, I have not given
TO SAY THAT, NBA HAS LOST ITS VOICE” ment and bullying, and that it should it any thought. But then, who knows...
24.09.2019 /11

INSIGHT
ABUBAKAR D. SANI xL4sure@yahoo.com

Legality of CBN’s Charges on


Cash Deposits/Withdrawals

T
Introduction the bank or such officer, by this Act”.
he recent announcement This provision evidently shows that,
by the Central Bank the policy is intended to be final and
of Nigeria (CBN), that conclusive, thus certifying it unambigu-
cash withdrawals and ously as invalid within the contemplation
deposits by individuals of Section 36(2) of the Constitution.
in commercial banks in See BAKARE v L.S.C.S.C (1992) 10
excess of half a million SCNJ 173. More importantly, however,
Naira, will henceforth this apparent ouster clause is prohibited
attract charges of 3% under Section 4(8) of the Constitu-
and 2% respectively, has tion, which provides thus: ’’the National
elicited generally negative reactions from Assembly or a House of Assembly of a
the banking public, particularly the said State shall not enact any law that ousts or
individual account holders. Even though purports to oust the jurisdiction of a court
corporate entities are also affected (they of law or of a judicial tribunal established
will have to pay 5% and 3% on cash by law’.’
withdrawals and lodgements respectively,
in excess of N3 million), their response . . . The Small Matter of ‘Remita’
has been relatively muted. If CBN appears to be audacious in
CBN hinged the measures on its so- imposing the said charges pursuant
called ‘cashless policy’, which is scheduled to its cash-less policy, it was probably
to go into full force across the country at emboldened by the public’s seeming
the end of March, next year (the present, acquiescence in the bank’s prescription
presumably pilot, phase of the scheme of the ‘Remita’ platform, for the purpose
is restricted to only six States – Kano, of collecting bills payable to the Federal
Lagos, Ogun, Abia, Anambra and Rivers). Government. It will be recalled that, prior
The policy has taken the banking public to the full implementation of this par-
in those States, unawares. Should they ticular policy, bills payable to the Federal
have been consulted prior to its sudden Government by members of the public,
introduction? Do their views matter? Do were done through a multiplicity of
they have any such right under the law? bank accounts operated by its Ministries,
In any event, does CBN have the right Departments and Agencies (MDAs).
to impose such levies in those circum- For reasons best known to the Federal
stances? Does any law empower CBN to Government/CBN (publicly touted as
dictate to bank customers, which medium a desire to exercise ‘control’), they ap-
to adopt in dealing with their own funds pointed a number of banks as agents for
in a bank? Granted that currency notes Governor of the Central Bank of Nigeria, Godwin Emefiele collecting such bills from the public. That
are, by law, the property of the apex bank, arrangement was evidently a contract,
its face value in any given case – either b. Ensure high standards of conduct By no stretch of the imagination can as it had all the trappings of same,
in a bank account or otherwise – belongs and management through the banking the policy, in and of itself, be regarded as especially consideration (said to be 1%
to the owner or account-holder, as the system; and a ‘law’, within the popular meaning of or thereabout, of the amount collected).
case may be. Should such a person be c. Such further policies not inconsistent, that term. It was never touted, as such. However, obviously motivated by a
penalised for preferring a particular in the opinion of the bank, with the To that extent, unless the policy can be desire to transfer this cost to the public,
mode for accessing/dealing with his/ national interest” justified as one of the principal objectives the government ‘secretly’ re-negotiated
her (or its) funds over another, that is, of the bank pursuant to Section 2 of the contract with its agent-banks directing
presumably, more convenient to the apex Is the Policy Valid? the CBN Act, or can be reasonably them to, henceforth (since November,
bank, perhaps in terms of management, This is the million-naira question, of construed as incidental or consequential 2018), collect the said commission,
handling, etc.? In this apparent clash of course. This question is pertinent, in upon CBN’s exercise of its powers hitherto paid by the Government for their
interests, which ought to prevail? As, ever, the light of the provisions of Sections or discharge of its duties within the services, from the hapless public.
it depends on the law. Let’s investigate . 36(2) and 44(1) & (2)(a) of the 1999 contemplation of Sections 32 and 42 In my view, to the extent that the
.. Constitution. The former provides that of the Act, as aforesaid, the bank would public was not consulted prior to being
no law which affects the civil rights and have exceeded its remit. saddled with this burden, it is unjust, as
Overview of the Role of CBN under obligations of a person is invalid, if it A cursory look at Sections 2, 32 and even natural justice demands that those
the Law affords a right of hearing to that person 42 of the CBN Act, would appear whose interests may be directly affected
The Central Bank of Nigeria was or, alternatively, does not provide that to validate the policy under review. I by an act or decision, should be given
established by the Central Bank of the decision being impugned, is final and however, submit that such an interpreta- prior notice and adequate opportunity to
Nigeria Act, 2007, which repealed and conclusive. The latter provides that, no tion would negate the intention, if not be heard: F.R.N. v ABIOLA (1995) 7
re-enacted the Central Bank of Nigeria Act one may be compulsorily deprived of the express provisions, of Section 44(1) SCNJ 283.
(formerly Decree) of 1991. The principal his or her property or compelled to part & (2)(a) of the 1999 Constitution. It will At any rate, to the extent that the
objectives of the bank as stated in Section with same, unless in pursuance of, inter be recalled that those clauses stipulate public (as a class) was not a party to
2 of its enabling statute, are as follows: alia, a law which provides for the imposi- that, only a law passed by either the those negotiations, it ought not to be
(a)“To ensure money and price stability; tion or enforcement of any tax, rate or National or a State House of Assembly bound by any deal struck between the
(b)Issue legal tender currency in Nigeria; duty. Is the CBN’s ‘cash-less’ policy, a can validly prescribe “the enforcement Government and its agent-banks. This
(c)Maintain external reserves to safeguard general law within the contemplation of or imposition of any tax, rate or duty”. is the well-known principle of privity
the international value of the this constitutional provision? Accordingly, in my opinion, to the extent of contract, which prescribes that only
legal tender currency; that the penalty prescribed in the CBN parties to a contract are bound by it, even
(d)Promote a sound financial system in policy is not directly prescribed in any if it was expressed to have been made for
Nigeria; and law, it is ultra vires, invalid, null and the benefit or on behalf of a third party:
(e)Act as banker and provide economic and void. The Constitution is supreme. BASINCO MOTORS v WOERMANN
financial advice to the Federal Government”. LINE (2009) All FWLR pt. 485 pg.
Beyond these express powers, however, Solution to CBN’s Policy? 12634 @ 1654, S.C.
Section 32(1) of the Act provides, inter “ACCORDINGLY, IN MY Any solution in sight? Section 52
alia, that the apex bank may, “subject as is of the CBN Act appears to preclude Conclusion
expressly provided in this Act, . . . do all such OPINION, TO THE EXTENT a legal challenge to the policy, as it For similar reasons to the CBN’s
things as are incidental to or consequential
upon the exercise of its powers or the discharge
THAT THE PENALTY provides that:
“Neither the Government nor the bank
unilateral policy of imposing bank
charges on cash withdrawals and
of its duties under this Act”. Also relevant PRESCRIBED IN THE CBN nor any officers of the government or deposits, this unilateral transfer of ‘Remita’
are the provisions of Section 42 of the the bank, shall be subjected to any claim costs by CBN to bill-payers, is illegitimate
CBN Act, which stipulate that: POLICY IS NOT DIRECTLY or demand by or liability to any person and unwarranted in law. Accordingly,
“The bank shall, wherever necessary, in respect of anything done or omitted it is ultra vires, invalid, null and void.
seek the cooperation of and cooperation PRESCRIBED IN ANY to be done in good faith, in pursuance or CBN ought to continue to bear those
with other banks in Nigeria to:
a. Promote and maintain adequate and
LAW, IT IS ULTRA VIRES, in execution of, or in connection with the
execution or intended execution of any
costs, as the policy was designed and
implemented, for its sole benefit and
reasonable financial service for the public; INVALID, NULL AND VOID” power conferred upon that government, convenience.
12/ 24.09.2019

Missing Magic Wand: Development Law


Policy to Transform the Nigerian Economy
In this article, Dr. Olisa Agbakoba, SAN shares his views about development law,
a public policy tool that intersects law and economic development, as the magic wand
(along with the Keynesian expansionary fiscal policy) that can achieve and sustain
double-digit growth of at least 10% over 10 years, and lift at least 200 million Nigerians
out of poverty, if properly applied to vital sectors like, financial services, maritime and
aviation, national trade policy, legal and justice, amongst others

N
Introduction
igeria is in a parlous state. GDP
is a miserly 1.9%, population
exploding past 200 million; debt
overhang may strangulate the
country. So, to turn this around,
it is commendable that the
Federal Government has em-
panelled an Economic Advisory
Council of proven experts. My
recommendation is that, the
Federal Government should adopt the Keynesian
expansionary fiscal policy, to achieve and sustain
double-digit growth of at least 10% over 10 years,
to pull at least 200 million Nigerians out of pov-
erty. But, the magic wand that can achieve this feat,
is the concept of development law, a public policy
tool that intersects law and economic development.
Development law scholars, agree that there is a
strong linkage between law, regulatory institutions,
governance, economic development and national
welfare. It is argued that, the Nigerian legal and
judicial framework is hopelessly outdated, and
needs an urgent review to meet current challenges.
Yet, governments generally fail to notice the
links between legal policy, economic develop-
ment, governance, institutions etc. The late Prof.
Mansur, was the leading scholar on this linkage. A
sound nation depends on vital legal institutional,
regulatory and governance frameworks. The links
unfortunately between legal institutions, political
economy and development, have often, and in our
case, been completely overlooked or missed, hence
under-development.
De Soto gives a striking example of law as a key
primer of development, using just one index; prop-
erty law. Property consists of two values, physical
and conceptual. The physical value may be fixed
in say, a house. The abstract or conceptual value,
is fixed in property law systems. In developed
nations, property law allows owners of housing, to
represent their value in the conceptual realm. This
possibility allows easy access to credit, that in turn
generates capital for development. In Nigeria, with
a very weak legal regime, conceptual representa-
tion of property to create value, is absent. Yet
the housing assets inventory of Nigerian housing
exceeds six trillion Dollars. But, this is dead capital.
If the housing value is indexed to the banking Dr. Olisa Agbakoba, SAN
system by massive legal reform of the property
law system, we can create an instant credit market tional Trade Policy, Maritime, Aviation and Space, converted to goods and services that are sold on
with major impact on development. In this way, we Legal and Justice Sector, Land Administration, to consumers. The economy will benefit from the
wake up dead capital for development. Corruption, Social Security Administration etc., it establishment of the National Credit Guarantee
It is important therefore, that policymakers must, will transform the economy, create millions of jobs, Agency.
consider that although macro policies are unques- and pull 200 million Nigerians out of poverty. The third FSS institution, is a Development Bank
tionably important, there is a growing consensus to lend to the vital sectors of the economy. The
that the quality of business regulations and the Financial Services Sector Development Bank of Nigeria is undercapitalised,
legal institutions that enforce it, are a major The Financial Services Sector (FSS), is the oxygen and so the CBN plays a distorted role. The
determinant of development. If development law and lifeblood of a strong economy. The FSS ought Development Bank of Nigeria needs to be properly
is applied as a public policy tool in the following to consist of the following key institutions: the capitalised, so it can support the economy.
areas, for example, Financial Services Sector, Na- Banks, the National Credit Guarantee Agency, a The CBN is the fourth FSS institution. The CBN
Development Bank, and the CBN. The banks lend as presently constituted, is overburdened with
to the real sector of the economy and consumers, far too many things – monetary policy, banking
and ensure that the economy is stimulated. In supervision, and banking. The major role of the
Nigeria, it is doubtful if the banks have performed CBN is monetary policy stability, and so, the CBN
optimally, delivering on cash to the real sector and may benefit from streamlining and strengthening
“......THE FEDERAL GOVERNMENT consumers. They seem to be engaged in short term its legal framework. A new policy and legislation
lending, including treasury bills. The result is that, can unbundle the CBN and create a new agency to
SHOULD ADOPT THE KEYNESIAN the economy is anaemic. A banking policy that regulate banks, by ensuring they deliver on core
EXPANSIONARY FISCAL POLICY, TO delivers resources to the economy, is needed. In
the US, the Glass – Steagall Act and Frank-Dodd
mandate. In England, they have the Prudential
Regulatory Authority.
ACHIEVE AND SUSTAIN DOUBLE- Act, focused banks on the proper role to lend to
consumers at low-interest rates. National Trade Policy
DIGIT GROWTH OF AT LEAST 10% The second key FSS institution, is the National Tied to the FSS, is the need for a National Trade
Credit Guarantee Agency. This is absent, in Ni- Policy to stimulate local industry, grow export
OVER 10 YEARS, TO PULL AT geria. The National Credit Guarantee Agency, and reduce dumping of foreign goods. The CBN
LEAST 200 MILLION NIGERIANS supports viable business proposals. When viable
business proposals are guaranteed, the economy
recently stated at the launch of its vision and

OUT OF POVERTY” gets stimulated and expanded, and that gets CONTINUED ON PAGE 13
24.09.2019 /13

MISSING MAGIC WAND: DEVELOPMENT LAW POLICY TO TRANSFORM THE NIGERIAN ECONOMY CONTINUED FROM PAGE 12
policy thrust for the next 5 years, that it will
target unscrupulous individuals and businesses
that embark on massive smuggling and dumping
of goods that can be produced in the country,
thus, leading to the demise of our agriculture and
manufacturing sectors. This needs to be supported.
There is a need to strengthen the National Office
of Trade Policy. This Office, has to be at ministerial
level. Trade laws have import substitution, as their
main goal. This means to reduce imports, and
create local industries. The National Assembly can
pass legislation to establish the Trade Remedies
Agency, devoted fully to fair trade issues. This will
support our local industries around rice, maize,
cassava, cotton, cocoa, tomato, oil palm, poultry,
fish, etc. Trade policy on Fly Nigeria will grow
Nigeria Airlines, a strong Cabotage Act will grow
shipping lines, oil and gas, legal, banking, insur-
ance, shipping etc. If trade legislation is favourable,
Trillions of Naira will flow with job creation in the
millions.
Review of Nigeria’s Bilateral Investment
Treaties
Flowing from the discussion on trade policy;
there is a need to review Nigeria's Bilateral
Investment Treaties (BITs). BITs, are part of a
countries trade policy. Nigeria is a signatory to Attorney-General of the Federation and Minister of Justice,
over 30 bilateral investment treaties. The recent President Muhammadu Buhari Abubakar Malami, SAN
arbitration award secured by a company, Process
and Industrial Developments Limited (P&IDL), aircrafts dominate the Nigerian airspace and ascertaining title, and therefore, it became easy to
has raised the question of how fair it is for Nigeria earn well over a trillion Naira, to our exclusion. determine title. It also meant that, landholding was
to have an arbitration clause, with a foreign seat. A trillion Naira, is about a quarter of our entire major collateral for investment and financing. In
We understand that, an Executive Order is cur- national budget. A Fly Nigeria Bill, will ensure that doing this, the State Governors play an administra-
rently under contemplation to make Nigeria the every government Naira used to purchase a ticket tive role, issuing consents, licenses, permits etc.,
seat of arbitration, and require parties to choose must originate and terminate on a Nigerian carrier. which has become overwhelming. The process has
an arbitration institution in Nigeria. While the This Fly Nigeria Bill will create an instant market, become clogged, and as a result of this clog, the
proposed Executive Order is laudable, it is our for our national carrier. impact of land collateralisation on lending and
opinion that, the Order might be confronted by On Space, it has been said that, the future of borrowing, is affected. A recent study shows that
challenges that might defeat the essence of enacting mankind is in Space. Space has many major ap- the housing asset inventory of Nigerian property,
it. It will be recalled that, Arbitration Agreements plications, for developing our economy. We will exceeds six trillion dollars. Most of this, is dead
are embedded in Bilateral Investment Treaties mention at least three examples. First, space can be capital and is not fungible. There is a need to wake
(BITs) which Nigeria has signed and ratified with applied to the energy sector, as remote sensing can up, this six trillion dollars' worth of dead capital.
many countries. An Executive Order, may conflict tell us the quantum of our hydrocarbons. Second, A Land Use Administration Commission Bill, will
with the BITs. This is so because, BIT’s provide it is the value of space applications to the Maritime make the Land Use Act and consent rules more
that disputes arising between Nigeria and foreign sector. Third, it is the link between space and efficient, and instil confidence in financial institu-
investors will be determined in foreign institutions national security. Satellite technology intelligence, tions. This will impact positively, collateralisation
of arbitration, and seeking to alter this position gives us vital footprints in the national security lending and borrowing within the financial system.
simply by an Executive Order, might generate infrastructure. The growing threat of terrorism
significant opposition by concerned interests. and the adverse impact on economic stability, can Anti-Corruption
Furthermore, the Executive Order might conflict only be checked by intelligence provided by space The war against corruption, requires an effective
with the underpinning principles of arbitration satellites. We must upgrade our space legislation. strategy. In addition to the strategy of prosecution,
that are premised on the notion that, parties to an it is suggested to consider a 2-year moratorium
arbitration have a right to determine the arbitration Legal/Justice Sector Issues from criminal prosecution. So, legislation may be
institution and arbitrators that will undertake the The legal and judicial system, has experienced considered on immunity from criminal prosecution
arbitration proceedings. legal failure. The judicial system, has never really (Moratorium) Act. The Abacha case has now been
Given the above, we would rather suggest that, been reformed. The Nigerian judicature, is based going 20 years, with little result. This may be
an Executive Order should create a National Work on the 1875 Judicature Act. The consequence controversial, but it is worth considering.
Group that will be authorised to review the scheme is that, cases take too long to resolve. It takes
of the arbitration provisions currently incorporated between 5 to 20 years, to resolve simple contractual Social Security Administration
in the BITs, and the task of proposing how Arbitra- disputes. Investors, whether local and interna- The Federal Government has committed trillions
tion connected to Nigeria, will have Nigeria as seat tional, will not invest in a country where there of Naira to administer social security to the elderly
of Arbitration. is no sanctity of contract, and simple contractual and vulnerable, like the school feeding programme
disputes take between 5 to 20 years to resolve. and Trader Moni, but there is no legal framework.
Maritime Matters We must give urgency to this sector, and reverse The standard operating model around the world,
This is potentially the largest economic sector, legal failure. A speed of justice policy, will reduce is the creation of a benefits agency as it is called
outside of hydrocarbons. Nigeria's maritime sector, delays. In this regard, the National Assembly can in England, and a social security agency as it is
is estimated to be capable of generating Seven consider introducing the Administration of Civil known in the US, to cater for those who are unable
Trillion Naira Annually and Four Million Jobs Justice Bill, to ensure efficient administration to look after themselves. The government will gain
over Five Years. However, to tap revenue from of civil disputes. Also, new methods of dispute more, by giving a legal framework for these ben-
this sector, there needs to be an overhaul of policy, resolution should be considered, such as Alterna- efits. Enacting a Social Security Administration Bill
institutional, regulatory and legal framework. For tive Dispute Resolutions, small claims courts, pursuant to Chapter 2 of the Constitution, will see
instance, the Government needs to immediately traditional and customary arbitration. Finally, to the progressive realisation of rights contained in
implement the policy for Inland Container Depots quasi-judicial administrative tribunals can be Chapter 2 of the Constitution.
(ICDS). We have six ICDS spread across the geopo- established by sector, following the UK example. In
litical zones, that can generate at least 15,000 jobs England there exist many administrative courts to Fourth Branch of Government
for different levels of manpower. Due to the lack of cover Telecommunications, taxation, transportation, This was developed by FDR in the 1930s, and is
infrastructure to support business and operations Insurance, Education, Financial Services, Trade, why the US came out of the recession rapidly. The
by concessionaires, these depots have not been Investments, etc. fourth branches are regulators, who implement
optimally utilised. 80 per cent of Nigerian trade, decisions of the Executive branch, which is the first
is diverted to ports in Cotonou and other West Land Administration branch. They are called the fourth branch, because
African ports. Further to this, is the need to review The Land Use Act created a framework for they exercise executive, legislative and quasi-judi-
our cabotage regime to stem capital flight and cial powers. In Nigeria, regulators like NAFDAC,
boost capacity for Nigeria's Shipowners. Despite SON, NERC etc. are part of the fourth Branch of
the enactment of the Coastal and Inland Shipping government. They can make regulations, enforce
Act 2003, Nigeria loses an estimated Seven Trillion “SATELLITE TECHNOLOGY them, and impose penalties. Unfortunately, there is
Naira in the shipping sector. Foreign vessels, trade no standard operating model for these regulators.
in violation of the Cabotage regime. This is respon- INTELLIGENCE, GIVES US VITAL Most of them lack a basic understanding of their
sible for capital flight.
There is a need for immediate enactment of
FOOTPRINTS IN THE NATIONAL role, as the fourth branch of government. It may be
worth doing a high-level training workshop, on the
several critical bills, pending before the National SECURITY INFRASTRUCTURE. THE role of the fourth branch of government. A strong
Assembly. This would facilitate the legal frame- fourth branch of government, will improve the
work to move the maritime sector to the next level. GROWING THREAT OF TERRORISM, efficiency of government.
Such bills as the Petroleum Industry Bill (PIB), the
Ports and Harbour Bill, Maritime Zones Bill, Ocean
AND THE ADVERSE IMPACT ON Conclusion
Bill etc. are yet to be passed into law. There is also ECONOMIC STABILITY, CAN ONLY Development law policy has succeeded, wherever
an urgent need, to review the Nigerian Shipping it has been applied. It has not been applied, in
Policy of 1987. BE CHECKED BY INTELLIGENCE Nigeria. If applied, it will result in double-digit
growth, more revenue and will pull millions of Ni-
Aviation/Space PROVIDED BY SPACE SATELLITES. gerians out of poverty. It is strongly recommended
The Aviation Sector, requires major reform.
Nigeria has no presence, in the Aviation business.
WE MUST UPGRADE OUR SPACE that, the government should adopt a development
law policy, as one of its economic policy tools.
Nigeria Airways has been long comatose. Foreign LEGISLATION” Dr Olisa Agbakoba, SAN
14/ 24.09.2019

ACAS Law Mentors NBA Young Members


A selected number of young members of the
Nigerian Bar Association (NBA) Lagos Branch,
were hosted and mentored by the founding
Partner of Adepetun, Caxton-Martin, Agbor
and Segun ACAS-Law firm last Tuesday, at
their offices.
The programme is one, in the series of
mentoring sessions by senior Lawyers of
younger members of the profession, for
which the Tobenna Erojikwe Continuing Legal
Education Committee has continued to receive
commendations.
Hosting the young Lawyers in their offices,
Mr. Adesola Adepetun, one of the founding
Partners of ACAS-Law, kept his mentees in
rapt attention, as he narrated to them, his
challenging rise to the top of legal practice.
Mr. Adepetun told the young Lawyers that,
the secret of the success of ACAS, is that the
partnership has a culture built on maintaining
sustainability in business, through the consistent
provision of technically excellent and creative
legal solutions, in conformity with the highest
standards of integrity.
While welcoming the young Lawyers to the
session, NBA Lagos Branch Chairman, Mr.
Lateef Omoyemi Akangbe, said the evening
was the actualisation of one of the core themes
of his administration, which include investment
in human capital in the legal profession, and
in particular, the continued professional and
personal development of young wigs.
A graduate of law from the University of
Lagos, Adepetun also holds an LLM from L-R: (Standing): Joy Harrison-Abiola, Practice Administrator (ACAS-Law), Yemi Akangbe, Chairman of NBA Lagos Branch, Oyindamola Johnson, Associate
the University of London’s London School Counsel (ACAS-Law), Nonyelum Izu-Obi, Business Development Manager (ACAS-Law), Tobenna Erojikwe, Chairman of the CPD Committee of the NBA Lagos
of Economics and Political Science (LSE). Branch, Iyunola Adekanye, Senior Counsel (ACAS- Law), Kayode Lawrence-Omole, Senior Counsel (ACAS-Law); L-R (Sitting): Felicia Kemi Segun, Managing
Managing Partner of ACAS, Mrs. Kemi Partner (ACAS- Law), Sola Adepetun, Senior Partner (ACAS- Law)
Segun, was also on hand to mentor the young
Lawyers on what they should look out for, in integrity. He advised them to read, and to In his remarks to bring the session to a to Mr. Adepetun and ACAS-Law for hosting
their quest for success at the Bar. ensure that they cultivate a reputation for close, the Chairman of the NBA Lagos Branch the event, and pledged the CLE Committee’s
Adepetun told his mentees that nothing, integrity, ‘and the right people will invariably Continuing Legal Committee, Tobenna Erojikwe, continued commitment to the professional and
apart from life itself, is of greater value than gravitate towards you’. expressed the gratitude of the Premier Branch personal development of young Lawyers.

The Continuation.....
Brutalisation of Mr. Destiny Arogunyo by a Nigerian
Air Force Officer: Matters Arising
You will recall that, the above subject story, office in Abuja. Arogunyo had been taken abroad where he is
was first made public in the edition of This One would have thought, especially in undergoing speech therapy and physiotherapy,
Day Lawyer published on 24 July, 2018. the circumstances of this matter (where Mr as a result of the injury that he sustained in the
In the said edition, the Editor of this publication, Arogunyo has lost it all - financially and physi- left hemisphere of his brain, from the attacks
had written about an incident in which Mr cally), that the NAF would act speedily and of the AFO on him.
Destiny Arogunyo was assaulted by a Nigerian make known its report, and what further action The medical expenses being incurred by Mr
Air Force Officer (AFO); how the Nigerian will be taken in Mr Arogunyo’s matter, in a Arogunyo and his family, have totally liquidated
Air Force (NAF) had shielded the AFO, from manner that is characteristic of our uniformed their finances. Life for Mr Arogunyo and his
being arrested by the Nigeria Police; and the institutions, but, instead the NAF has kept family, has taken a suffering dimension.
deplorable financial, as well as the permanent mute, maintaining a deafening silence, having Bearing in mind the magnitude of the offence,
damage to the health of Mr Arogunyo, as a discovered that it was one of its officers, who and the trauma that Mr. Arogunyo and his
result of the injuries inflicted on him by the AFO. was responsible for this dastardly act. family are going through, it is disappointing
Since then, over a year later, no appreciable Mr Arogunyo has written several letters that the NAF has failed or neglected to do the
progress had been made in this matter. to the NAF through his Solicitor, Messrs. needful, despite having identified the AFO
You will recall that the NAF had referred Mr Mike Igbokwe [SAN] & Co., requesting to about nine months ago, which is more than
Arogunyo’s petition to its Provost Investigation know the outcome of NAF’s investigation enough time for NAF to act.
Group (PIG) for investigation, and the PIG was into the matter, but, to date, the NAF is yet
delaying in conducting an identification parade, to respond to any of the letters written by Appeal
to be carried out to purportedly identify the Messrs. Mike Igbokwe [SAN] & Co. on behalf It is time to make a public appeal to the
AFO. The identification parade was eventu- of Mr Arogunyo. Chief of Air Staff, to rise up to the occasion
ally conducted, on December 6, 2018, and the and use of his good offices to intervene in
eyewitness to the incident, identified the AFO. Update on Mr Arogunyo’s Health this matter, with a view to ensuring that the
Inquiry by Mr Arogunyo’s family at the Mr Arogunyo’s health has not improved appropriate and deserving justice is meted
PIG, revealed that the PIG had concluded its at all, from what it was last year when the out to the AFO, and to Mr Arogunyo and
investigation and sent its report to the appropriate matter was made known to the public. Mr his family.

THE $9 BILLION JUDGEMENT DEBT BROUHAHA: LEGAL ISSUES ARISING (PART 3) CONTINUED FROM PAGE 7
State Immunity two ways: by conferring immunity from immunity, vary. In general, there are two States in world trade activities led to
This is another argument, advanced by adjudication (also known as immunity approaches: the absolute doctrine and the development of a more restrictive
pro-government Advisors. They claim from suit) and by conferring immunity the restrictive doctrine. approach to State immunity, where a
Nigeria enjoys State immunity against from enforcement and execution. distinction is now drawn between acts
enforcement of such awards. If a party is immune from adjudica- The Absolute Doctrine of State of a sovereign nature and acts of a
tion, the court will be prevented from Immunity commercial nature. Under the restrictive
What is State Immunity considering claims against that party Initially the first and only approach, approach, immunity is only available in
State immunity, or sovereign immunity and awarding a judgement or declaring the absolute doctrine still applies in respect of acts resulting from the excesses
as it is often referred to, is a principle of rights and obligations against it. If a some jurisdictions, notably China and of a sovereign power. As such, States
international law that has become part party is immune from enforcement and Hong Kong. Under this doctrine, any may not claim immunity in respect of
of the national law of many States. It execution, the court will be prevented proceedings against foreign States are commercial activities, or over commercial
derives from the theory of the sovereign from recognising a foreign judgement or inadmissible, unless the State expressly assets. (To be continued).
equality of States, as a consequence of an arbitral award against the immune agrees to waive immunity
which one State has no right to judge party and from making and executing THOUGHT FOR THE WEEK
the actions of another by the standards orders or injunctions against it. The Restrictive Doctrine “A government is for the benefit of all
of its national law. It protects an entity in International attitudes towards State The increasing involvement of the the people.” (William Howard Taft).
24.09.2019 THE LIGHTER SIDE/15

LEGAL HUMOUR
Protesting too Much
Arrested on a robbery charge, our law firm’s
client denied the allegations. So, when the victim
pointed him out in a lineup as one of four men who
had attacked him, our client reacted vociferously.
“He’s lying!” he yelled. “There were only three of
us.”
˾˾˾
Usual Suspect
While prosecuting a robbery case, I conducted
an interview with the arresting officer. My first
question: “Did you see the Defendant at the
scene?”
“Yes, from a block away,” the officer answered.
“Was the area well lit?”
“No. It was pretty dark.”
“Then how could you identify the Defendant?” I

We Hold Your Brief asked, concerned.


Looking at me as if I were nuts, he answered, “I’d
recognise my cousin anywhere.”
˾˾˾
JUDE IGBANOI Running the Show
jude.igbanoi@thisdaylive.com I am a Deputy Sheriff, assigned to courthouse
security. As part of my job, I explain court
Dear Counsel, Dear L.E., procedures to visitors. One day I was showing
Kindly, assist. The law permits you to object to the tax a group of ninth-graders around. Court was
I need your advice, on the issue of company assessment of your company by the Federal on recess, and only the clerk and a young man
income tax. Inland Revenue Service, where you are con- in custody wearing handcuffs, were in the
vinced that the assessment is wrong. courtroom. “This is where the Judge sits”, I began,
Tax officials came to our offices recently, pointing to the bench. “The Lawyers sit at these
and demanded that we provide them with our First, you must give notice to them, that
you strongly object to their assessment, and tables. The court clerk, sits over there. The court
tax receipts. Because we had always paid our recorder, or stenographer, sits over here. Near
state the reasons why. This must be done,
taxes, we had no problem in making our receipts the Judge is the witness stand, and over there
within 30 days of the purported assessment. is where the jury sits. “As you can see”, I finished,
available to them for inspection. Surprisingly, The Tax Appeal Commissioners are bound
they then requested that we come to their office, “there are a lot of people involved in making this
to hear your complaint, and decide within 30 system work”.
for an assessment, because according to them, days. Where you are not satisfied with their At that point, the prisoner raised his cuffed
we should have been assessed by them, before decision, you are permitted to appeal to the hands and said, “Yeah, but I’m the one who makes
commencing payment. Federal High Court, which will determine it all happen.”
When we visited the tax office a few days the case, accordingly. ˾˾˾
later as requested, they gave us a sheet showing You must therefore, secure the services of a Guilty as Charged
an exorbitant and outrageous assessment, and Lawyer, to write a strong objection letter to In Fort Worth, Texas, I was hauled before the
the Federal Inland Revenue Board, to register Judge for driving with expired licence plates. The
requested that we pay up within 28 days. It is Judge listened attentively, while I gave him a long,
very clear that, they over-assessed us. What do your objection. If they refuse to reassess your
company; your Lawyer may have to file a plausible explanation.
I do? They are just not prepared to listen to me. Then he said with great courtesy, “My dear Sir,
suit at the Federal High Court, on behalf of we are not blaming you—we’re just fining you”.
L.E.,
your company.
Lagos.

U.S. MISSION SUPPORTS INTELLECTUAL PROPERTY RIGHTS PROTECTION IN NIGERIA CONTINUED FROM PAGE 5
resources in context, should be referring to knowledge students of the Caro Favored Schools of Ajegunle. Their Computer Hacking & Intellectual Property (ICHIP)
assets that are the products of creativity and innovation, dramatic sketch, was designed to raise awareness among Attorney Adviser, Sub-Saharan Africa; United States
that constitute the hidden wealth of nations today. young Nigerian consumers, about the importance of Department of Justice/OPDAT, Hon. Femi Fakeye,
“The main difference between the developed and trademarks, brands, and the dangers of counterfeit Chairman, House Committee on Commerce, and
lesser developed countries, is the gap in the human products. Professor Adebambo Adewopo, SAN of the Institute
resources constituted in the production of knowledge In addition, the opening day of the symposium featured of Advanced Legal Studies.
assets, and the accompanying technologies that have panel discussions, exhibitions, and the screening of the The American Business Council, is the affiliate
continued to drive the engine of development and documentary “Fishbone.” The Nollywood-produced film, of the US Chamber of Commerce, and the voice of
global welfare. Any kind of resources, whether human highlights the menace of counterfeit pharmaceuticals US businesses in Nigeria. The Council works with
and natural, is meaningless without the knowledge and their effect on both Nigerian citizens and the local critical stakeholders - US Embassy and other critical
to harness it for the benefit of the society. That is economy. stakeholders, to improve the business environment.
why human and natural resources, no matter how Panelists at the symposium included, DG of National On his part, President of American Business Council,
abundant, are limited without the creative and innovative Agency for Food and Drug Administration and Control Dipo Faulkner said, “Intellectual Property Rights, creates
capacities to turn them into knowledge assets, that (NAFDAC), Prof. Christiana Mojisola Adeyeye, DG of an incentive for innovation and investment in research
are protected by the well-known mechanism of IPRs Federal Competition and Consumer Protection Com- and development. Both are critical to the future of
for global competitiveness. mission (FCCPC), Babatunde Irukera, DG of Nigeria any business, and the economic growth of a country.
“IP has never been more economically and politi- Copyright Commision (NCC), John Asien, CEO of the IP protection is of key interest to US companies, as
cally important than it is today, particularly, in the American Business Council, Margaret Olele, David issues of innovation and respect for knowledge assets
multidimensional drive towards development. More Lossignol of the International Trademark Association constitute our intrinsic culture”.
than before, the global IP system has assumed in- (INTA) and Charles Igwe, Principal Consultant/CEO, The exhibitions at the symposium, provided a platform
creasing complexity, which in itself, calls for a better The Big Picture LLC, Gabriel Ogunyemi of Janssen to stress the importance of strengthened intellectual
understanding of the dynamic interaction between Pharmaceuticals, Isioma Idigbe of Punuka Solicitors, property laws, and showcasing products and services
IP systems and sustainable development goals”, the Chinwe Ohanele of Biaya Consult, to name a few. of interest to public and private stakeholders. It was an
Senior Advocate said. They shared insights on issues, and the way forward. opportunity, to meet an array of prospective Nigerian
A highlight of the ceremony, was a performance by Key addresses were made by Tanya Hill, International buyers and partners.

CEHEJ REPORT REVEALS HOW GENERAL ELECTRIC, OTHER ELECTRICITY CONTRACTORS FAILED NIGERIANS CONTINUED FROM PAGE 5
contracts awarded by the Federal Government of Crimes Commission (EFCC), and the Independent Corrupt National Coordinator of Open Government Partnership
Nigeria in the power sector, those awarded to the Practices Commission (ICPC) to bring to book those in Nigeria, Mr. Benjamin Okolo, Representatives of
contractors General Electric (GE and Rockson) with found wanting in the failed contracts. the Special Assistant to the President Justice Reform,
the Client (Federal Ministry of Power) for the 215MW He recommended that the bidding and awards Mrs. Juliet Ibekaku-Nwagwu and Mr. Ibrahim Magu
Kaduna Power Plant appear most suspicious, shoddy, of contracts processes and power sector should be Chairman Economic and Financial Crimes Commission
and reckless.” streamlined and made more transparent. (EFCC) who was represented by Mr. Osita Nwajah,
The associate professor reiterated that GE has brought Present at the Public presentation of the report were Director Public Affairs EFCC.
general darkness to Nigeria and should like all other the representatives of the office of the Attorney General Others at the events are Mr. Abiodun Ajayi, President,
failed contractors be held accountable and recommended of the Federation, the Director, head of FOI, Federal African Women Lawyers’ Association (AWLA), Mrs.
to the Federal Government, the Economic and Financial Ministry of Justice (Abuja), Mr. Ichibor Gowon, the Mandy Demechi-Asagba.
16/ 24.09.2019

WORDS OF
WISDOM

(Culled from the Internet)


22 TUESDAY SEPTEMBER 24, 2019 • T H I S D AY
T H I S D AY ˾ͰͲ˜ 2019 23

BUSINESSWORLD
Group Business Editor Obinna Chima
Email obinna.chima@thisdaylive.com
08152447875

R A T E S A S A T S E T E M B E R 2 0 , 2 0 1 9
MONEY MARKET REPO S & P INDEX S & P INDEX EXCHANGE RATE
OVERNIGHT 7.57 CALL 9.50 INDEX LEVEL 411.73% 1/4 TO DATE 2.86% N306.95/1US DOLLAR*
OBB 6.43 1-MONTH 74 1-DAY 0.25% YEAR TO DATE 15.34% ̩ 

3-MONTH 11 MONTH-TO-DATE 0.41%

Quick Takes
African Alliance Sponsors Conference
African Alliance Insurance Plc recently championed the course of
promotingleadershipandfinancialindependenceamongNigerianyouths
throughsponsorshipoftheHiveAfrica’sGlobalLeadersConference(GLP).
The conference, which was held in Lagos between September 11 – 14,
2019, at Lekki, gathered young global leaders and influencer.
Speaking at the conference, Head, Group Life for African Alliance
Insurance, Mr. Azuka Ochonogor, X-rayed the value of Life Insurance
and the role it plays in community. He emphasised the importance of
Nigerianslivingahealthylifeandmakingprovisionfortheirdependents
while alive. He also stressed the need for making the right investments
and tying this to life insurance.
African Alliance recently embarked on campaigns to demystify life
insurance across digital channels, promoting its importance in building
a healthy relationship and ensuring continuation in life and business.
The Hive Africa GLP was a 3-day program on leadership community,
integrating elements of entrepreneurship, purpose, life design, well-
ness, authentic relating, personal development, and global systems
thinking for mission-driven leaders, innovators, and entrepreneurs
held around the world African Alliance Insurance said its interest in
YOUTH EMPOWERMENT sponsoring the conference was to support the growing community of
L-R: Nollywood Actor/Producer, Richard Mofe-Damijo; Chief Executive Officer, House of Tara, Mrs Tara Fela-Durotoye; Co-Founder/Former youthful leaders on a quest to serve and make an impact in creating a
Group Executive Director, Sahara Group, Tonye Cole, and Managing Director/CEO, Custodian Investment Plc, Mr. Wole Oshin, during safe and secured world. African Alliance had unveiled a new interactive
Custodian mentors’ conference, held in Lagos...recently website that boasts of personalised features and ease of transaction.

IEI Anchor PFA Grows Assets


IEI Anchor Pension Managers said it has grown Pension Fund Assets

‘Why Nigerian Cargoes are Diverted underitsmanagementby35percent,fromN68.2billionin2017,toN92


billionin2018. Speakingatthe2018AnnualGeneralMeeting(AGM)ofthe
company in Abuja recently, the company’s Chairman, Senator Jonathan
Zwingina, said, it maintained its growth trajectory, as its Retirement

to Neighbouring Countries’ Savings Accounts also grew from 117,031 in 2017 to 131,047 in 2018.
Operations of the company, he added, ran smoothly, thereby, leading
to a general growth in the company.
Dike Onwuamaeze MARITIME Nigeria does not have scanners turnaround time and frustrate According to him, “Our Assets Under Management with a 34.96
in its sea ports and therefore importers, which form the basis percent increase from N68, 231, 022, 724 Billion to N92, 081, 663,
The Managing Director of banned cargoes or those with subject every cargo to 100 per for cargo diversion. 564 Billion between January 2018 and December 2018. Operations
Nigerian Ports Authority (NPA) high import duties such as rice cent physical examination in the “Port’s efficiency means of the company ran smoothly thereby leading to a general growth in
Hadiza Bala-Usman, has identi- and vehicles to neighbouring port. Automatically there will that shorter time is required the company.” He, however, said Retirement Savings Accounts of the
fied four major causes of the ports and smuggle them into be a delay and I will leave you for consignments to get to the PFA, grew from 117,031 in 2017 to 131,047 in 2018.”
diversion of cargoes meant for Nigeria. to imagine how efficient that consignees’ warehouse after “ThemanagementofthePFAiscommittedtoensuringthatstrategies
Nigerian market to ports located According to her, another could be. arriving at our port,” she said. putinplacearedriventocontinuallygrowthecompany,wewillcontinue
in the neighbouring countries reason that accounts for the “The need to introduce The NPA boss also shed to engage our customers constantly and ensure their satisfaction
around Nigeria. diversion of cargoes meant for scanners is very urgent and more light on the reasons traffic as well as working tirelessly on delivering to our shareholders and
These, she listed to include Nigerian market was the absence must fast track its procurement, congestion had become the norm stakeholders,” he added.
the desire to escape payment of deep sea ports in the country, which is the responsibility of in the Apapa area of Lagos.
of high import duties on the to accommodate larger vessels the Nigerian Customs Service According to her, the situation MFB Gets New Executives
cargoes, the non-availability of in an era when the shipping (NCS),” Bala-Usman said. has been around for a much AdvansLaFayetteMicrofinanceBankhasannouncednewexecutive
deep sea ports in the country lines were embracing the use Moreover, government longer time because 95 per cent leadership appointments to drive its ongoing transformation into a
to welcome larger vessels, slow of larger vessels that offer them agencies that operate in the of the cargoes that arrived at growth-oriented, customer-centred institution following its national
and frustrating cargo clearance economies of scale. port process are not connected Apapa ports were being evacu- licence status upgrade.
due to 100 per cent physical This, according to her, “is the through the single window ated by road. Accordingtoastatement,theManagingDirectorofthebank,Gaëtan
examination of cargoes in the reason they go to neighbouring system, which enable them to The resultant effect of this Debuchy is charged with the task of repositioning the bank.
Nigerian ports as well as the countries to berth and bring them carry out their functions through procedure, she stressed was The statement explained that the new MD was expected to deliver
facilitation of smuggled contra into Nigeria in smaller vessels.” a common electronic, she noted. that the roads would be bad expertservicestotransformthebankintoanexpandedfinancialservices
banned goods She also identified the “The single window needs to and congested. organisation that drives customer satisfaction, Small Medium Scale
According to the NPA boss, inefficiency of cargo clearance be restored because it is one of Therefore, “we must have Enterprise(SME)growthandbecomeareferenceinthebankingindustry.
who spoke during a forum in the country as a source of the trade facilitation processes inter-model transportation ThestatementaddedthatChiefExecutiveOfficer,ObinnaUkachukwu,
hosted by the Lagos Chamber frustration that constrained for ports efficiency. The absence system for cargo evacuation is expected to combine marketing and communications, risk, back
of Commerce and Industry Nigerian importers to prefer of scanners and the single win- office operations, business development management and strategy
(LCCI), consignees divert neighbouring ports. “Currently, dow mechanism create longer Continued on page 24 into one combined function. “Completing the list is Jean-Luc Nzoubou,
alsoappointedasaDeputy/Chiefexecutiveofficer,Nzoubouisbacked
with solid experience in the launching and rapid growth of affiliates, in
NEITI:FGPaidN303.4bnBridgingClaimstoOilMarketersinFiveYears Cameroon and Ivory Coast, with an absolute knowledge of the Advans
Group,andcomestoAdvansLaFayettewithaprovenexpertiseinpeople
Chineme Okafor in Abuja recently released. where trucks have become the management and microfinance operations. “This is a building block in
ENERGY According to the PEF, the major source of distributing Advans La Fayette Microfinance Bank transformational journey, as
The Nigeria Extractive Indus- bridging scheme was originally petroleum products in recent the organization is moving quickly to structure for faster growth and
tries Transparency Initiative bridging. introduced as a temporary times in Nigeria. also to ensure they are positioned to respond to the needs of SMEs,
(NEITI) has disclosed that “A total of N499 billion measure during the turn-around According to the PEF, the customers, and partners focusing on strategy, governance and vital
the federal government paid was received by PEF within maintenance (TAM) of refiner- initial projection was to have strategic initiatives.”
out a total of N303.4 billion the review period. Besides, ies operated by the Nigerian a maximum of 10 per cent of
to petrol marketers in five PEF also realised N382 billion National Petroleum Corporation total petroleum products bridged
years – between 2012 and bridging allowance. NEITI report (NNPC), wherein government while the remaining portion
2016, as financial claims for revealed that most of its expense sought to encourage and sup- would be pumped through
trucking of petrol to various totaling about N303.4 billion was port marketers in transporting the pipelines. “Since the policy was first launched,
parts of the country under expended on claims. petroleum products nationwide. However, trend analysis indi- currency management costs have
continued to increase year-on-year at
the bridging claims scheme “The report noted that the The PEF explained that cated that bridging of products an average annual growth rate of 33
of the Petroleum Equalisation Fund does not impose penal- although bridging was meant has consistently increased over per cent. Notwithstanding, electronic
Fund (PEF). ties promptly on defaulting to be a temporary solution until the years to about 40 per cent. transactions have increased within
NEITI in its latest Fiscal independent and major oil the refineries were producing It explained that there were the economy. We have provided
alternative channels and people have
Allocation and Statutory Dis- marketers that did not pay back at full capacity, the state also noticeable trends whereby embraced it”
bursement (FASD) audit report their required contribution. of the refineries has worsened products were bridged from
explained that PEF got N382 It also noted that utilisation over the years. Lagos to the South-east and
billion as bridging allowance of the Fund is not separated In addition, it noted that South-south areas of the country,
within the period under review between the core activity and pipeline vandalism by militants to address products unavail-
CBN Governor,
and paid out N303.4 billion to oil administrative purposes,” said and economic saboteurs have
marketers as claims for products the NEITI report which was been on the increase, to the point Continued on page 24
Godwin Emefiele
24 T H I S D AY ˾ͰͲ˜Ͱͮͯͷ

BUSINESSWORLD NEWS

‘WHY NIGERIAN
CARGOES ARE DIVERTED
TO NEIGHBOURING
COUNTRIES’
REA Connects 3000 to 98.8KW Solar Electricity
Stories by Chineme Abubakar Bagudu, to have and procurement compliance proud to have leveraged the government’s policy on elec-
Okafor in Abuja said at the commissioning of and no objection from the skills and capacity of our trification of unserved and
to enable us have efficiency the project that: “The solar federal government.” host community, in addition underserved communities.
in cargo clearance. The Rural Electrification hybrid mini-grid will expand The statement added that to providing the enabling It added that the REF
“This is the reason the min- Agency (REA) has disclosed and transform the economic in line with REF’s Public Pri- environment for skilled provides equitable access
istry of transport is constructing that about 3000 inhabitants landscape of Kebbi state. Small vate Partnership (PPP) model, labour and job creation.” to electricity across Nigeria
a rail line into Apapa ports to of Kare-Dadin Kowa com- businesses like welders, cold it ensured that private sector The Minister of Power, to maximise the economic,
facilitate rail evacuation of munity in Kebbi State have rooms, as well as processing participation and investment Mr. Saleh Mamman, who social and environmental
cargoes. But this is not what been connected to a 98.8 mills can now operate more was involved to guarantee congratulated parties in- benefits of rural electrifica-
that can be done in two months. kilowatt (KW) solar power effectively with reliable and success for the project. volved in the project, stated tion grants, promote off-grid
“We are also talking with AP system built with funds from clean electricity as a result It quoted the Managing that: “Under my leadership, electrification, and stimulate
Moller to set up inland water its Rural Electrification Fund of this project.” Director of Nayo Tropical the ministry of power will innovative approaches to rural
ways that can move cargoes (REF). Similarly, Executive Di- Technology Limited which continue to provide requisite electrification.
from the port to such places It noted that it recently rector of REF, Dr. Sanusi executed the project, Mr. policy interventions to ensure The REF projects, it
like Epe to further facilitate commissioned the 98.8KW Ohiare stated that: “Kare- Anayo Okenwa to have that transformative projects explained are administered
speedy cargo clearance and solar hybrid mini grid power Dadin Kowa community said that: “The installed like this will have the de- using PPP model, with its
decongestion of Apapa roads. plant at the community in is the second of twelve solar hybrid mini grid was sired impact of electrifying first call for project proposal
“The other issue is the need line with its commitment to communities earmarked constructed in line with Nigeria.” expected to provide electricity
for us to have trailer parks provide equitable access to to benefit from REF grants. international standards The REA reiterated that to 12 communities and deploy
and mandate truck drivers electricity across regions in This is due to following and and best practice. As an it was saddled with the job 19,000 Solar Home Systems
to use them. We are currently Nigeria. attaining legal, regulatory indigenous firm, we are of implementing the federal (SHS).
discussing with the Lagos and According to a statement
Ogun State’s governments on from the REA, the REF strives
the establishment of trailer parks to maximise the economic,
to deploy these trucks. social and environmental
“Our stand at NPA is that benefits of rural electrification
every truck coming to the port grants, to promote off-grid
must come from a designated electrification, and to stimu-
truck park so that they can come late innovative approaches
to the port only when they are to rural electrification.
needed. “We want to set up a It stated that the solar
large truck park in Ogun, then hybrid mini grid system
another one in Lagos where they would provide clean energy
can be situated and a create to 483 residential buildings, 82
space in Lilypond where they commercial buildings as well
can wait to take their consign- as serve over 3,000 inhabitants
ments,” Usman explained. of Kare-Dadin Kowa.
A total of 565 high grid
NEITI: FG PAID N303.4BN solar panels, it explained
BRIDGING CLAIMS TO OIL were installed to power
MARKETERS IN FIVE YEARS homes, businesses, places of
worship, schools, and health MIND-RUBBING
ability from the refineries in centers in the community. L-R: Managing Director/Chief Executive Officer, Asset Management Corporation of Nigeria (AMCON), Mr Ahmed Lawan Kuru; Justice C.M.A.
Port Harcourt and Warri. The statement quoted the Olatoregun of the Federal High Court, and Dr. Francis Chuka Agbu, Lead partner at Lexavier Partners, at a one-day seminar for AMCON’s external
Furthermore, in its FASD Governor of Kebbi state, solicitors and Asset Management Partners (AMPs) held in Lagos…recently
report, the NEITI explained
that the natural minerals sector
of Nigeria contributed N805
billion of N993 billion paid to
Rosatom: We’re Committed to Raising Nuclear Experts for Nigeria
the Tertiary Education Trust Russia’s state-run nuclear ‘Atoms for Africa’ would also that potential participants would all-expenses paid trip to Russia in nuclear energy and its other
Fund (TETfund) within the energy corporation, Rosatom, be facilitated by EnerConnect have to make a short video in November 2019. adaptations, the corporation’s
period to support its education has said it is committed to as well as the African Young about their findings on the “The trip to Russia for win- Chief Executive Officer (CEO)
intervention job. raising the next generation Generation in Nuclear and topic and share on Facebook. ning teams will include visits to for Central and Southern Africa,
NEITI however stated that of nuclear energy technology South African Young Nuclear It said a two-stage judging well-known Moscow landmarks, Dmitry Shornikov, said: “One
the TETFund lacked sufficient experts in Nigeria. Professionals Society. process would be used to select Russia’s state-of-the-art nuclear of our key missions at Rosatom
accounting processes to track its In this regard, it invited stu- It explained that it would the winning teams, ad that an facilities, top nuclear universities is to assist the brightest young
use of funds for its operations. dents and young professionals run up until September 30, independent jury made up of as well as other scientific and minds from across the globe to
According to it: “The fund in the country to partake in 2019, adding that the edition nuclear professionals and experts technological facilities. work together in solving global
received a total of N993 billion the next edition of its annual would be devoted to supporting on sustainability topics will The winners will also meet challenges that will shape the
with N805 billion from mineral online video competition. interests in nuclear research select the top 10 videos, with African students currently study- future of energy and the world
revenue while N188 billion was Nigeria had signed an and capabilities among young the public invited to vote for ing various nuclear disciplines as we know it.”
received from non-mineral.” agreement with Rosatom for Nigerian and African scientists the best video on the Rosatom in Russia,” said the statement. Shornikov explained that:
However, the NEITI report the construction of nuclear at large. Africa Facebook page. It explained in 2018, a Ni- “This is a great opportunity
noted that the fund does not power plants and a nuclear According to the corporation, “The award ceremony will gerian, Ugenyi Igbokwe, was for young people from very
have a comprehensive accounting research center in the country. participants would be required take place within two African among the finalists - beating different walks of life who share
and operational manual; hence, The process was however still to research how innovative use Nuclear Youth Summits to be other participants from across a common passion to build a
there was insufficient guide for underway. of nuclear technologies can assist held in Johannesburg, South Africa in the competition. bright and sustainable future for
accounting and operations’ Notwithstanding, Rosatom in achieving the United Nations Africa in early October 2019. Underscoring Rosatom’s Africa to discover more about
processes. stated in a statement that the (UN) Sustainable Development Competitors who created the commitment to nurturing various nuclear applications and
competition which is dubbed Goals (SDGs) in Africa, adding top two videos will win an young African professionals their vast benefits for the region.

Abuja Disco Secures $1.06m to Support Building of 1,370


Solar-Powered Mini Grids
The Abuja electricity ply to consumers within its consumption and GDP growth. the electrification gaps. initiatives to improve the quality
distribution company (Disco) network. According to him, “According to the 2017 report According to him, the options of supply in urban areas. We are
has secured from the United parts of the strategic plan to by International Energy Agency, available to bridge the energy also considering how we can
States Trade Department Ad- provide power every day in while many of the developed gap were main grid extension close up the gaps in rural areas
Group Business Editor ministration (USTDA), up to Abuja were tied to the 1370 countries have already attained to capture new customers, where the challenges, some of
Obinna Chima $1.06 million with which it solar-powered mini grid it 100 per cent electrification access, improvement of quality of which include the affordability of
will use to begin the process hoped would be deployed scores of developing nations supply by augmenting grid electricity, long distances which
Capital Market Editor
Goddy Egene of expanding electricity services as soon as possible. particularly those in sub-Saharan supply with other alternative require extensive network remain
Comms/e-Business Editor to underserved communities He stated that the oppor- Africa have remained behind sources, and off grid solution unique to these areas,” he said.
Emma Okonji within its networks. tunity represented another and are recording low access for far flung areas. He further noted: “We
Senior Correspondent The fund according to the visible effort for the Disco to rates that are characterized “In our environment for are grateful that the United
Raheem Akingbolu (Advertising) Managing Director of Abuja explore available solutions by poor reliability. The report instance, there is a huge disparity States Trade Department and
Correspondents Disco, Mr. Ernest Mupwaya, for the provision of stable estimates 1.1 billion of people yet in the level of electrification Administration has com-
Chinedu Eze (Aviation) would be deployed first to electricity to customers within to be connected while another between urban and rural areas mitted funding to help the
Eromosele Abiodun (Maritime)
James Emejo (Finance) undertake studies on optimal its franchise area of Abuja, 1 billion is being supplied with where access to electricity is Abuja electricity distribution
Ebere Nwoji (Insurance) locations within its network Niger, Nasarawa and Kogi poor quality of electricity,” said higher in urban areas compared company provide electricity
Chineme Okafor ((Energy) for complimentary mini grid States. “Electricity no doubt Mupwaya. He noted that to to rural areas. “As a company, to underserved communities
Reporters
deployments. Speaking at is one of the key parameters address the energy poverty we have designed a strategy through the implementation
Nume Ekeghe (Money Market) the recent signing ceremony, used in measuring the extent challenge, different actors have which seeks to holistically exam- of up to 1,370 solar-powered
Nosa Alekhuogie (ICT) Mupwaya explained that the of development of any nation. consensually agreed that what ine how the obvious huge gaps mini-grids with energy storage
decision of the Disco on this There’s evidence backed by was required was a pragmatic in the level of electrification can systems. Colorado’s Rocky
was informed by its plan to research which demonstrate approach that accounted for be narrowed. In addition, we are Mountain Institute will carry
ensure stable electricity sup- correlation between electricity various options in addressing developing and implementing out the study.
T H I S D AY ˾ͰͲ˜Ͱͮͯͷ 25

BUSINESSWORLD ENERGY

Fresh Hope Beckons on Nigeria’s Ailing Refineries


The Nigerian National Petroleum Corporation has set a 2022 date for its three refineries in
Kaduna, Warri and Port Harcourt to come back fully to operation, writes Chineme Okafor
The Nigerian National Petroleum Corporation the corporation and the investors who were
(NNPC) has said that repair works on its initially interested.
three refineries located in Port Harcourt, It was reported that within the proposed
Warri and Kaduna, which have remained model, the preferred investors would have
decrepit for years would begin in January brought in funds to repairs, run the facility
of 2020, raising hopes Nigeria could yet for a period of time after which they would
again locally refine most of the petroleum have recouped their investment.
products it needs to run her domestic After the breakdown of negotiations, the
economy. NNPC then announced it would now use
The corporation has repeatedly made its own money and debt financing from
promises of repairing the refineries which the financial markets to fix the refineries,
efficiency have significantly dropped and starting with Port Harcourt, followed by
often constituted a huge loss-making centre the Warri and Kaduna.
in its financial books. It explained that the new strategy would
However, it has never fulfilled any of involve the original builders as well as in
these promises. phases. According to the corporation, at the
This has also ensured that Nigeria imports end of the first phase, the Port Harcourt
most of the petroleum products it uses, refinery would have attained a 60 per cent
an unpleasant development that once capacity utilisation level before shooting
pushed the immediate Minister of State up to a minimum of 90 per cent upon the
for Petroleum Resources, Dr. Ibe Kachikwu, completion of the repair work.
to disclose he would resign his ministerial It equally announced that Italian oil firm,
portfolio by May 2019 if Nigeria continued Eni/NAOC was engaged as the technical
to import petrol. advisor for the exercise and disclosed the
first phase would run for six months within
Refineries’ conditions which detailed integrity check and equipment
In terms of capacity utilisation, in August inspection of the refinery would take place
2015, when Kachikwu first made a public before JGC of Japan which built it and
declaration that the refineries would be Tecnimont would be invited to undertake
repaired and their production levels revived, the repair on an Engineering Procurement
the NNPC in its monthly operations report Construction (EPC) basis.
had stated that their capacity were col- New date for refineries’ to come back
lectively on 24.08 per cent utilisation level. However, in a recent statement from the
They also recorded huge financial deficits corporation, its Group Managing Director,
in their operations with N1,940.12 billion Malam Mele Kyari, reportedly said that the
recorded in January; N5,768.40 billion in refineries would again be able to refine
February; N2, 893.56 billion in March; crude oil at optimum capacity by 2022.
N6,234.59 billion in April; N5,596.15 billion Signed by its Group General Manager,
in May; N5,899.34 billion in June; N3,211.34 Public Affairs, Mr. Ndu Ughamadu, the
billion in July; N139.12 million in August; statement quoted Mele Kyari, to have
N8,841.63 billion September; N1,445.06 billion disclosed the latest promise of restoring
in October; N7,211.38 in November; and the full refining capacities of the refineries
then N7,824.40 in December. during a facilities tour of the Port-Harcourt
By January 2016, the NNPC announced Refining and Petrochemical Company
that the Port Harcourt and Kaduna refineries (PHRC).
had been shut down because of breaches Mele Kyari explained that that full reha-
on their crude supply lines. It had also bilitation of the plants would commence in
explained the supply interruptions were Mele Kyari January of 2020, and that he was committed
huge setbacks to its plan to get the refiner- to ensuring the refineries deliver real-time
ies fully working, adding that it would 362.02 billion, to underpin their inefficiency value and address the petroleum needs
subsequently start a comprehensive recovery levels. consumption rose to 54 million litres per of Nigerians.
of their capacities. day (ml/d) from 40ml/d in 2017, ostensibly According to him: “We will stick to time;
Their capacity utilisation in 2017 was Cost of dilapidated refineries due partly to out-smuggling. we will deliver this project by 2022. We
further reported by the corporation to be Due to the failures of the refineries, It specifically stated that with regards to will commence actual rehabilitation work
17.56 per cent in 2017 before they dropped Nigeria through the NNPC resorted to the country’s revenue from oil that: “The in January. We will do everything possible
to 8.02 per cent in 2018. importation of petroleum products with oil revenues continue to underperform both between October and December to close out
For 2017, the NNPC report showed that which it runs its domestic economy. relative to the budget targets and their all necessary conditions for us to deliver
all through the year, the Warri refinery This development as explained by industry realistic potential due to the unbudgeted on that project.
managed a 9.56 per cent capacity utilisation operators meant the country relies solely fuel subsidy (Nigerian National Petroleum “I believe that with the support that we
record; Port Harcourt made efforts with on imported petroleum products to run Corporation (NNPC) ‘cost under-recovery’), have from the shareholders - government of
24.14 per cent; while Kaduna recorded on. It, in fact, also subsidises petrol thus which amounted to N731 billion in 2018, this country, the entire staff of this company
14.10 per cent. spending billions to keep the pump price among other discretionary deductions, and the contractors, I believe it is doable
They also did not do so well financially, at a fixed price. and the dollar-naira conversion using an and we will deliver the project.”
and recorded profits only in January – N3, For instance, in 2018, the NNPC indicated exchange rate lower than that prevailing Tasking the contractors on the need to
356.14 billion; March – N3,399.07; April – that it imported 21,100,118,126.30 (21 billion) in the convertible IEFX window. consider their reputation in the repair work,
N1,577.79 billion; May – N2,678.88 billion; litres of petrol which translated to 57.8 “The NNPC financial reports indicate Mele Kyari, said: “It’s no longer about
and June – N3,343.19 billion, and then posted million litres daily, into the country. In 2017, that about $2 billion (equivalent to 0.6 per business now, but a reputational issue.
deficits of N522.82 million in February; it said it was 14,430,373,377.03 (14 billion) cent GDP) were deducted from the gross For the original builders of the refinery,
N8,517.78 billion in July; N4,636.29 billion litres; in 2016, it was 9,264,855,130.33 litres; oil revenue prior to the transfer to the Tecnimont, Eni/NAOC and NNPC, let us
in August; N3,518.60 billion September; while it was 6,179,719,852.27 litres in 2015. federation account for the unbudgeted fuel be conscious of the fact that our reputation
N7,762.25 billion in October; N11,144.81 And, because they were all imported, it subsidy (cost under-recovery). is at stake as far as this project is concerned.
billion in November; and N11,095.28 billion thus implied that the country outsources or “The calculations for the fuel subsidy are “The NNPC leadership has promised this
in December. exports jobs in its midstream oil industry based on heavily inflated fuel consump- country that our refineries will work, therefore,
In 2018, when the refineries’ utilisation to other countries from where it buys its tion estimates, with the fiscally severely we must work not to disappoint over 200 million
dropped to 8.02 per cent, they equally posted refined petroleum products. constrained Nigerian government effectively Nigerian stakeholders.”
deficits of N13,586.11 billion in January; Apart from the job losses, the government’s subsidising neighbouring countries’ petrol He equally noted that the repair would include
N8,055.05 billion in February; and N11,889.51 subsidising of petrol consumption also meant consumption as some of the fuel is informally indigenous workers in the corporation’s bid
billion in March, before making a one-off that the country’s scarce financial resources re-exported through the porous borders,” to help build local capacities and save cost
profit of N6,321.63 billion in April, and which should fund the provision of socially the World Bank report had explained in the process.
then resumed its losses in May with a huge beneficial and optimal infrastructure like . The statement similarly noted that the
N20,081.80 billion deficits. roads, hospitals and schools are less and Immediate past repair attempts Tecnimont Project Manager, Mr. La Mattina
Similarly, in June, they posted a deficit often cut down in the national budget. The NNPC had also recently made efforts Carmelo, in his presentation on the progress
of N14,510.02 billion; N10,449.19 billion in This equally leaves the country struggling to repair the refineries and attempted to of work on the first phase of the repair work,
July; N10,793.03 billion in August; N6,972.98 year-on-year with fixing her widening public get private investors to fund the repair on informed that the inspection aspect of the project
billion in September; N9,326.32 billion in infrastructure gap. terms that would have been beneficial to had progressed to 91 per cent while final report
October; N9,585.04 billion in November; Furthermore, on what the country losses both parties, but the arrangement collapsed and Engineering Procurement Construction
before ending the year with another to the decrepit refineries, a report of the eventually when both could not agree on (EPC) proposal was on 75 per cent.
remarkable deficit of N17,317.03 billion World Bank, had indicated that Nigeria spent terms. Carmelo, noted that his company would
in December. N731 billion subsiding petrol consumption. The model which would have had inves- deliver the first phase of the rehabilitation
Even as the year 2019 turned in, the The report had also stated that most of tors come in to finance the repairs under within three weeks from now and assured
refineries according to NNPC’s records the volume of petrol Nigeria spent money mutually agreed business terms failed after there were no challenges to a timely delivery
equally started the year with a loss of N8, subsidising in 2018 were inflated as daily negotiations reportedly broke down between of the task.
26 T H I S D AY ˾ͰͲ˜Ͱͮͯͷ


  


Kerani: Energy Access Gap in Nigeria Frightening


Deep Karani, is the Exhibition Director for Power Nigeria, West Africa’s power and renewable energy trade
exhibition. In this interview with Peter Uzoho, ahead of the eighth edition of Power Nigeria Conference
commencing today in Lagos, he speaks about challenges of Nigeria with respect to energy accessibility,
what participants should expect at the conference, among others issues. Excerpts:
What do you see as the major challenge international companies with newer technologies to engineers.
confronting Nigeria? the show from 2020 onwards, and will be promoting
The main issue Nigeria is facing is the rapidly the Nigerian energy event through our plethora How would you assess the impact of Power
increasing population which clearly results in much of events across the EMEA region. Nigeria Conference over the years it has
higher demand of energy needs. Infrastructural been taking place?
investments, regulatory and policy limitations The Power Nigeria Exhibition and Conference Power Nigeria has organically grown to becoming
are a major challenge hampering growth of the is currently in its eighth year, what does this West Africa’s largest power exhibition and hosts
power sector. Considering how large the Nigerian year’s agenda entail? a wide variety of electrical and renewable energy
economy is, it is imperative to invest in energy As organisers, we are very excited about the products on display annually. Through our platform,
infrastructure. As modern as we have become exhibition and conference. This year, the exhibition we aspire to create value for all participating and
today, there are still many people across the country is supported by renowned industry brands such as attending stakeholders who have a vested inter-
who are forced to use outdated power systems Skipper Seil, Cummins, Eaton, Caterpillar-Mantrac, est in the growth of West Africa’s energy sector,
that aren’t as efficient as we would like them to Jubaili Bros, Total, Lucy Electric, Phillips, Kirloskar, particularly in Nigeria. We are fortunate enough
be. While there are off-grid sustainable solutions and many more who will be joining us on the show to be backed by Informa, the largest exhibition
available, Nigeria also needs good governance; floor to display their latest product lines. We are management company in the world, which also
proper regulations and policies that need to be set also looking forward to welcoming key colleagues hosts energy events across the globe. Connected to
and enforced for the sector to experience growth. Kerani from AfBD, Federal Ministry of Power, Works thousands of energy professionals worldwide, we
Multiple government organisations are tirelessly and Housing (Power Sector), Dangote Industries, are able to bridge the gap between international
working towards achieving higher energy efficiency installed capacity is reported at 12,500 megawatts, Central Bank of Nigeria and many more, who will investors, developers, manufacturers by linking
and encouraging change in regulations, however but in practice it is only 3,200 megawatts. The be presenting technical papers highlighting critical them with regional consultants, contractors, system
the lack of consistency and clarity makes it difficult government’s aim to boost electricity access to 90 topics at the conference. The conference is CPD integrators and end users.
for developers to invest in the country per cent by 2030 will drive even more demand. certified and focuses on key themes broadly ranging
Credible sources have stated that in order to achieve between Finance, Technology and Procurement. Specifically, what contribution would you
As an expert in the power sector, what universal access to electricity, Nigeria will have to In the past few weeks, we’ve received hundreds say the conference has had on the Nigerian
progressive trends have you seen that Nigeria connect between 500,000 to 800,000 new households of registrations from industry professionals who power sector?
needs to urgently adopt? to electricity every year between 2018 and 2030. have confirmed their attendance for the event and Our ultimate objective is to build Power Nigeria
Industry sources indicate that the country will Both grid extension and off-grid solutions will be as organisers, we are very excited to welcome into the largest technology sourcing, knowledge
need an additional 26.6 GW generation capacity to needed to provide quality services to the unserved them to the exhibition and conference. sharing and networking platform connecting local
meet demands through 2020. This will comprise and underserved households and businesses in and international companies, assisting them to
30 per cent capacity from coal, about 2,200 MW a timely manner. How do you select speakers and exhibitors explore business opportunities, in turn driving
from the NIPP projects (1,896 MW), IPPs (296 My personal prediction is that renewables will for Power Nigeria Conference? growth into future investment opportunities for
MW) and FGN legacy assets [installed - Thermals play a very important role in Nigeria’s power Each year, we urge state ministries, regulatory West Africa. Power Nigeria today is seen as one
5.6 GW, Hydro 1.3 GW and Wind {pilot} 10MW]. generation model. It is only a matter of time authorities and policy makers to speak about subjects of the strongest networking arenas for the energy
In addition, the government of Nigeria is also before we see more clarity in policy & regulations. that are most important in the year, educating sector in Nigeria, involving various colleagues
investing heavily to boost generation through the However, given the size of the market, Nigeria attending industry professionals about latest across multiple cities who attend the exhibition &
large, medium and small hydrostatic power plants will continue to be a strong energy market in developments & future plans in the Nigerian conference to learn, network & explore business
with total capacity of over 6,024 MW. Despite the next 10 years. energy sector. opportunities.
the various challenges in Nigeria’s power sector Going beyond governments, we also provide a
today, the decision of the government of Nigeria to What are Informa’s future plans for Nigeria platform for developers, consultants and system How are participants able to earn the
privatise the sector provides multiple opportunities in the coming years? integrators who present technical papers on best Continuing Professional Development (CDP)
for international and local investment. Informa has embarked on a long-term journey practices in energy management. Adding to the certification from attending the conference?
in Nigeria with a hope to expand heavily in the selection, we invite a few case studies from key We offer free CPD points across all our energy
What are your predictions for the power region. Our plan moving forward is to diversify manufacturers or innovators who can speak about events in the Middle East and Africa. Visitors who
and energy sector in Nigeria within the next from the electricity niche and add more parallel latest systems and technologies available from register and attend the conference are further guided
10 years? sectors to the show, which is why we have made which the country could benefit. On the whole, by our helpful staff onsite who will verify their
Nigeria is Africa’s largest economy, and it also the decision this year to rebrand to Nigeria Energy our objective is to bring together a good mix of attendance by simply scanning their badges to
has one of the widest energy gaps in the world. from 2020 onwards, in where we plan to fully international and local industry pioneers who are send their contact details to the CPD certification
With a rapid growth in population and escalating incorporate all aspects of energy, not confining to qualified and have the experience which can help body in the UK who then provide the certificate
energy demand, it is paramount for Nigeria to only conventional power generation, transmission young engineers learn from. Attendance to these of attendance and allocate the relevant points.
improve its power sector. The country’s current & distribution. We aspire to bring together more presentations activate CPD points for electrical Automation, Green Buildings & Sustainability.

P & ID Fraud Conviction, EFCC and Malami’s Legacy


Wale Solomon relationship that gave rise to the alleged contract, its parent company incorporated in the British
and noted that a “liability that is rooted in fraud Virgin Islands on an 11-count charge bordering
The Economic and Financial Crimes Commis- and corruption cannot stand judicial enforceability.” on economic sabotage, money laundering, tax
sion, EFCC, introduced an interesting twist to the Nigeria. According to Malami, now has a cogent evasion amongst others, which the EFCC preferred
relationship between Nigeria and Process and ground for setting aside the liability imposed on against them. According to the EFCC, the firms
Industrial Developments (P&ID) Limited- the her by the London court. The new twist would fraudulently claimed to have acquired land from
company that secured a $9.6 billion judgment now also lead Nigeria to review its strategy in the Cross-River State Government in 2010 for the
against Nigeria at a British court in August. handling the British court judgment. gas supply project agreement that resulted to the
The anti-graft agency had brought a case of The development is certainly good news for $9.6bn judgment debt.
fraud against directors of P&ID Limited, Virgin Nigeria and rekindles hope that there may indeed The directors of the companies admitted and
Island and its Nigerian affiliate, P&ID Nigeria be a way to fend off the execution of the London pleaded guilty to allegation of fraud and that they
Limited. judgment. But it also signposts a noticeable trend did not even acquire any land in Calabar for the
The two firms were found guilty on the 11-count in the operations of the EFCC which has of recent project in the first place. It says a lot about the
charge of tax evasion and money laundering brought turned into an effective anti-corruption investigation quality of investigation the EFCC is now able to
against them and were convicted accordingly and prosecution machine. carry out that it could get a positive court judgment
by the court. In his judgment, Justice Inyang Only last week this writer celebrated EFCC’s in such a timely version. This is exactly where I
Ekwo held that the firms having admitted to successes in the operations against internet fraud- think the legacy of the Minister of Justice would
the crime, he had no option than to convict them sters called “Yahoo Boys” which encouraged a be found long after he has left office.
accordingly. Relying on provisions of section 19(2) partnership with the United States Federal Bureau Malami has instituted a deepening of investigation
of the Money Laundering Prohibition Act, 2011, Kerani of Investigation, FBI. Within the space of one by prosecuting agencies of government to avoid
and section 10(2) of the Advance Fee Fraud and month, the agency was able to complete a clean losing cases and help them get more convictions.
other related offences Act, 2006, the court ordered neck of Nigeria by P& ID by the judgment of sweep of cyber criminals across the country in He has raised the bar and standard of criminal
the federal government to wind up the two firms the British court. As observed by human rights a coordinated operation with the FBI tagged: investigations for government prosecutorial agencies,
and confiscate all their assets in the country. lawyer and Senior Advocate of Nigeria, Femi ‘Operation Rewired’. including the Nigerian Police Force and the EFCC.
The firms were linked to the controversial Gas Falana, the Abuja court ruling has shown that the The operation was commendable in its swiftness A stickler for detailed and meticulous investigations
Supply and Processing Agreement (GSPA) the contract was a “package of fraud.” And Nigeria and success as it led to the arrest of 167 suspected before prosecution, the Justice ministry under
company signed with the Ministry of Petroleum can now execute it abroad against P&ID and use cyber criminals and recovery of 169,850 dollars as Malami had insisted on diligent investigations
Resources on behalf of the federal government that it to set aside the judgment of the British court. well as N92 million. In addition, exotic cars, plots by prosecuting agencies before charges are filed
led to the British Court’s judgement ordering the In his reaction also, Abubakar Malami, Nigeria’s of land in choice areas of Lagos and a property in court.
seizure of Nigeria’s foreign assets worth $9.6billion. Attorney General and Minister of Justice, said the in Abuja were recovered during the operations.
Wednesday judgment was a significant step Abuja court judgment was a judicial proof that The verdict by Justice Inyang Ekwo followed Solomon wrote in from Gwarimpa Estate,
towards untangling the web woven around the fraud and corruption were the foundation of the the conviction of P&ID Nigeria Limited and Abuja
TUESDAY SEPTEMBER 24, 2019 • T H I S D AY 27
28 T H I S D AY ˾TUESDAY SEPTEMBER 24, 2019

PROPERTY & ENVIRONMENT


Alaro City’s First 3.5km Four-lane Asphalt Road Sets
Unique Standard
r Voted Emerging Project of the Year such as the Amazon HQ2 Alaro City, which serves as public and private property.
Bennett Oghifo of the road currently being city builder in Africa. supersite in Dallas and the a magnet for the numerous AFRECA is an annual gather-
constructed. In building Alaro City, 5M project in San Francisco. international and local inves- ing of the industry’s finest

G
ood roads drive a The city’s Construction Rendeavour has provided In September, Alaro City was tors building their businesses minds, top-level business
city’s sustainable Manager, Bailey Ligtas told solutions to urban planning voted “Emerging Project of and homes with us.” leaders and decision-makers
development journalists during a tour of and city-building problems the Year” by PropertyPro. In July, Alaro City also won across Africa.
and this is the the city, recently, that the unique to Lagos. According ng at the Africa Real Estate the international Architizer A+ Alaro City has already sold
importance of road, designed by leading to Ligtas, to ensure effective Awards. Popular Choice Award in the out phase one of its residential
the high standard being engineering firm Arup, is flood management, Rendeav- Chief Executive Officer of masterplan category. The city’s “buy-and-build” plots, with
applied by the promoters the first of four major access our have adopted a rain Alaro City, Odunayo Ojo said masterplan was shortlisted phase two well underway.
of the iconic Alaro City in points from the Lekki-Epe garden drainage system that the city has already sold out from a range of large-scale Several Nigerian, regional
the development of the city’s Expressway. not only provides a unique phase one of its residential international projects and and multinational companies
first 3.5km road, a four-lane, “Alaro City is also develop- landscaping opportunity but “buy-and-build” plots, with was the only entrant from are building commercial and
asphalt thoroughfare with a ing an independent power ensures the development is phase two well underway, the African region. Alaro City industrial facilities in the
four-metre median. plant solution by connecting not afflicted by open drainage adding that several Nigerian, was nominated alongside city. The construction of the
Alaro City is an inclusive, to a nearby gas pipeline. systems. regional and multinational prestigious projects such as city’s first 3.5 km road is in
mixed-use city-scale develop- Water supply for the first Green areas, parks and open companies are building com- the Amazon HQ2 supersite progress; with completion
ment in the Lekki Free Zone phase is also at an advanced spaces at Alaro City total over mercial and industrial facilities in Dallas and the 5M project of the first phase expected
that has adopted innovative stage,” he said. 150 hectares and form part in the city. “Alaro City lies in in San Francisco. this year.
infrastructure building systems Launched in January of the drainage strategy of the growth path of Lagos and “Alaro City leaves no-one The pedigree of the city’s
that serve as a benchmark for 2019, Alaro City is planned the city via five “greenways”. aims to serve as a model for in doubt that the model for developers, Rendeavour,
new cities in Nigeria, said as a 2,000-hectare new city These are designed to provide what a modern mixed-use city an inclusive satellite city is has also been identified by
officials of constructing the located in the North West an area for leisure activities looks like,” he said. “We have finally here in Nigeria. This industry experts as a key
new city. Quadrant of the Lekki Free and also carry surface water partnered with renowned award is well deserved,” said contributor to the growing
Also, Alaro City has been Zone. The city will include to the lagoon. experts in various fields to Sulaiman Balogun, co-founder success of the satellite city.
awarded “Emerging Project industrial and logistics Alaro City has gained ensure that our culture of of PropertyPro. “As this exciting Rendeavour is currently
of The Year” at the Africa locations, complemented increasing recognition for its high standards is sustained.” city takes shape, the property building seven new cities
Real Estate Awards (AFRECA) by offices, homes, schools, world-class master plan and Commenting on the award, market is delighted that it will in Nigeria, Kenya, Ghana,
organised by PropertyPro.ng, healthcare facilities, hotels, the innovation it represents in Ojo said: “We are honoured shape the future of real estate Zambia and Democratic
a property portal in Nigeria. entertainment and parks and modern city building. In July, by this latest recognition of in Nigeria.” Republic of Congo, with
Alaro City’s developer open spaces. The project is the city’s master plan won Alaro City’s innovation and PropertyPro.ng, which over 60 industries already
has adopted modern best a joint venture between the the international Architizer success. It is a demonstration acquired Jumia House Nigeria building their businesses
practices and delivered an Lagos State Government and A+ Popular Choice Award, of the professionalism that in 2017, has over 200,000 at the cities and over 6,000
efficient drainage system Rendeavour, the largest new besting prestigious projects characterises our work at property listings of both homes in development.

Nigerian, Australian Builders Sign MoU on Improving Method,


Technology of Construction
Bennett Oghifo improve on the methodology have a shared commitment to signed during a construction (CPD). to the Nigerian Institute of
and technology of building become a stronger professional event, ‘Constructing Our He said the two parties Building on the ‘Constructing
The Nigerian Institute of construction. institute and educator within World’, jointly organised in have also agreed to exchange Our World’ event, the High
Building (NIOB) said it The memorandum, signed the building construction Sydney by the New-Zealand information relevant to the Commissioner of Nigeria in
has signed a memorandum with the Australian Institute industry, said a statement Institute of Building, Aus- development of the building Australia, Ambassador Bello
of understanding with its of Building (AIB) in Sydney, by the National President tralian Institute of Building construction management Kazaure Husseini hoped that
counterpart in Australian Australia, recently is aimed of NIOB, Kunle Awobodu. and Singapore Institute of profession in Australia and the bilateral relationship
to collaborate in effort to at making the NIOB and AIB The MoU, he said was Building, recently. Nigeria in order to facilitate would advance construction
According to the National an understanding of each innovations in Nigeria.
President of AIB, Mr. David other’s work. Recounting his experience
Tobi Bakre Becomes Novarick Homes Brand Burnell, AIB and NIOB will
work together to raise the
As NIOB takes a giant
step into global activities,
after a tour of building con-
struction sites in Australia, the
Ambassador level of professionalism in
the building construction
expanding the scope of its
construction knowledge
Vice Chairman of the Council
of Registered Builders of Ni-
Novarick Homes and Proper- ance, demeanor, values and Homes was rightly positioned industry and education in and skills to overseas, geria (CORBON), Dr. Samson
ties Limited has signed an would help to create awareness, to reach and attract millenni- Australia and Nigeria. establishing opportunities Opaluwah commended the
agreement with ex-BBnaija influence and drive sales. als and younger audiences, Looking at this develop- for academic and training compliance with standards,
Housemate, Tobi Bakre as Speaking to newsmen at the encouraging them to key into ment from an optimistic per- exchange programmes, which, of course, CORBON
its Brand Ambassador. signing of the deal, the CEO, early investment in Real Estate. spective, Awobodu explained Awobodu has hinted that would not relent at promot-
The Oyo born Investment Novarick Homes, Noah Ibrahim The vision of Novarick that the collaboration among there were ongoing discus- ing in Nigeria. The former
Banker who has over the years introduced Novarick Homes as Homes “is to strengthen its members of the two institutes sions on collaboration with General Secretary of NIOB,
become one of Nigeria’s most a reputable real estate company position as the premier real would promote research in the New-Zealand Institute Mr. Fadil Elegbede expressed
sought after entrepreneur and championing the drive for the estate development firm in the field of construction of Building and Singapore his satisfaction on the new
influencer shared his delight development of greener and Africa, by building green and and also encourage greater Institute of Building to create a value the Sydney event has
after another cutting-edge smarter communities across clean residential communities, participation of members in multilateralism for greater col- contributed to the construction
progress in his career. Nigeria. as well as creating innova- jointly organised construction lective drive to technologically knowledge of NIOB members,
Expectedly, as Brand ambas- He noted that by signing tive and secure investment events for valuable Continuing shaped construction products. taking into consideration
sador, Tobi Bakre embodies the Tobi Bakre, as the company’s opportunities in real estate,” Professional Development In his goodwill message cultural differences.
brand identity in every appear- brand ambassador, Novarick Ibrahim said.
Local, Global Real Estate Issues Focus of
FIABCI Seminar in Lagos
Insightful discussions that will of ease of doing business as a insights on how to the approach
touch on both local and global catalyst for attracting foreign the many complex challenges we
real estate issues will be held by direct investment (FDI). have in real estate in Nigeria,”
knowledgeable consultants at According to Adeniji Adele, Adele assured
this year’s FIABCI International the organisation is a platform Adele pointed out that
Real Estate Consultants (FIREC) for learning, networking as well FIABCI, as an association of
programme this week in Lagos. as harnessing immeasurable professionals, always takes
A statement by the President, experiences and opportunities. interest in what happens in
FIABCI-Nigeria Chapter, Adeniji It is expected that the the economy, especially as it
Adele, the resource persons are: international speakers at the affects the business environment
Bill Endsley, Principal at World FIREC programme will be in which they operate.
Citizen Consulting, and Thomas bringing global perspectives to He, however, canvassed public
Cardman, Director of Operations the endless search for solution private partnership in dealing
and Finance at Michael Consults. to the problems of this sector with the identified challenges
FIABCI, an acronym for in Nigeria. in the business environment,
International Real Estate Federa- “We were careful in the choice contending that government
tion, is an international real estate of our speakers for this year’s alone cannot solve the problems
organisation whose membership programme. Besides networking, because of other demands of
cuts across 65 countries of the participants will be availed the governance such as health,
world. It recognizes the import opportunity of gaining more education, etc.
L-R: Tobi Bakre and Chief Executive Officer, Novarick Homes Noah Ibrahim
TUESDAY SEPTEMBER 24, 2019 • T H I S D AY 29
30 T H I S D AY ˾˜ͰͲ˜ 2019

BUSINESS/MONEYGUIDE

CBN’s Manufacturing Index Sustains Expansion in September


Nume Ekeghe & related products; fabricated at 57.2 points, the new orders
metal products; non-metallic index grew for the 30th consecu-
The Central Bank of Nigeria’s mineral products; electrical tive month, indicating increase in
(CBN) Purchasing Manager’s equipment; textile, apparel, new orders in September 2019.
Index (PMI) for September 2019, leather & footwear; plastics & The index grew at a faster rate,
has shown an expansion in the rubber products; and primary when compared to its level in
economy. metal. But, the paper products August 2019. Nine subsectors
According to the PMI report for sub-sector recorded decline in reported growth, 1 remained
September released yesterday, the the review period. unchanged, while 4 contracted
Manufacturing PMI stood at 57.7 Also, at 58.5 points, the in the review month. On the other
points in the month under review, production level index for the hand, the non-Manufacturing
indicating a slower growth rate, manufacturing sector grew for PMI report showed that busi-
compared to the month of August. the 31st consecutive month in ness activity, new orders and
In all, 13 of the 14 surveyed sub- September 2019. The index inventories grew at a slower
sectors reported growth in the indicated a slower growth in the rate, while employment level
review month in the following current month, when compared grew at a faster rate in September
order: cement; petroleum & to its level in August 2019. 2019. The composite PMI for the
coal products; food, beverage& Eleven of the 14 manufacturing non-manufacturing sector stood
tobacco products; transportation sub-sectors recorded increased at 58 points in September 2019,
equipment; printing & related production level and one indicating expansion in the non-
support activities; chemical & remained unchanged. manufacturing PMI for the 29th
pharmaceutical products; furniture The report further showed that consecutive month.

L-
Access Bank, Barclays, Others Launch L-R: Husband to beneficiary, Mr. Ede Solomon Adegahi; Food Vendor/beneficiary, Mrs. Josephine Adegahi,
and Category Development /Activation Manager, PZ Wilmar, Popoola-Dania Oluwatoyin, at the presenta-
in
N
Global Banking Principles tion of a mobile kitchen to Adegahi by Mamador Empowerment Initiative in Abuja…recently ti
on
Access Bank Plc has launched the of Access Bank Plc, Mr. Herbert Principles as a guide,” he said.
Global Principles for Responsible
Banking.
The bank which is as one of
Wigwe, stressed the need for
continued collaboration and
long-term approach to sustain-
As expressed in the Global
Principles for Responsible Bank-
ing, Access Bank stated that it
MARKET INDICATORS
the founding signatories signed ability, recognising the benefits was convinced that humans and MONEY AND CREDIT STATISTICS (MILLION NAIRA)
alongside other global banks. of sustainable banking and the businesses can only thrive in
an inclusive society founded NOVEMBER 2018
This move, according to a positive effect it has on the Bank
statement, was a further com- and society. “There is a greater on human dignity, equality and Money Supply (M3) 31,794,803.44
mitment to strategically align its need now, more than ever, to the sustainable use of natural
business with the Sustainable promote sustainability in the resources. -- CBN Bills Held by Money Holding Sectors 6,333,064.28
Development Goals and the Paris global financial sector. This The official launch of the Money Supply (M2) 25,461,739.17
Agreement on Climate Change. is therefore the right time to principles which marked the
By signing the Principles, Ac- launch the Global Principles beginning of the most significant -- Quasi Money 14,773,076.98
cess Bank has demonstrated its for Responsible Banking. “At partnership to date between the
-- Narrow Money (M1) 10,688,662.18
commitment towards using its Access Bank, we are com- global banking industry and the
products and services to support mitted to setting standards UN held at the start of the United ---- Currency Outside Banks 1,711,763.59
and accelerate positive changes and engendering innovative Nations General Assembly.
“The UN Principles for ---- Demand Deposits 8,976,898.59
in both local and international solutions that address social,
economies as well as promote economic and environmental Responsible Banking are a Net Foreign Assets (NFA) 18,990,400.78
lifestyles necessary to achieve challenges. We believe that the guide for the global banking
shared prosperity for both current Sustainable Development Goals industry to respond to, drive Net Domestic Assets(NDA) 12,804,402.66
and future generations. will be better achieved if we and benefit from a sustainable -- Net Domestic Credit (NDC) 26,062,986.22
The Group Managing Director can work together, using these development economy.
---- Credit to Government (Net) 2,980,229.66

Custodian Investment Mentors ---- Memo: Credit to Govt. (Net) less FMA 7,093,619.43

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

---- Credit to Private Sector (CPS)


-4,144,571.43

23,082,756.56
Custodian Investment Plc, though they have many ideas.” would take just one government --Other Assets Net 13,258,583.57
recently hosted the second While narrating the story of policy to negatively impact on
edition of its mentors’ conference. how he conceived the idea of the fortune of a business and Reserve Money (Base Money 6,811,192.37
The event was designed to Custodian Investment as an take it from a solvency level to
connect young professionals with undergraduate at the University bankruptcy overnight. --Currency in Circulation 2,100,129.91
mentors who could teach them of Lagos in the days of Structural He advised the young
--Banks Reserves 4,366,259.05 ˾ÙßÜÍÏ̋
practical business lessons. Adjustment Programme (SAP), professionals to always make
The one-day conference which the GMD/CEO enjoined the their presentation as short as
held in Lagos, was attended by young professionals to believe in possible anytime they are given
more than 150 professionals from the country, promising to monitor an opportunity to talk about their
Money Market Indicators (in Percentage)
diverse academic background. their progress. businesses. Month March 2018
In his address of welcome, He said Nigeria was blessed Also speaking, Mrs. Tara Inter-Bank Call Rate 15.16
the Group Managing Director with abundant natural resources Fela-Durotoye, Chief Executive
and Chief Executive Officer, waiting to be tapped, adding Officer of House of Tara charged Minimum Rediscount Rate (MRR)
Custodian Investment, Mr. that the youths must be focused the young professionals not to
Wole Oshin, was quoted in a and determined if they were be afraid to start something new Monetary Policy Rate (MPR) 14.00
statement to have said, “Last to harness the opportunities and to pay attention to their
Treasury Bill Rate 11.84
year we decided to influence available to them in the country. customers because sometimes
the thought direction of young Earlier, in the first talk titled, it is the customers that would Savings Deposit Rate 4.07
people in the country because “Talk Business and Politics with provide the impetus which
we realised that a lot of them Tonye Cole,” the Co-founder and would propel the business to 1 Month Deposit Rate 8.82
do not have role models they Former Group Executive Director the next level of growth and
3 Months Deposit Rate 9.72
look up to for direction even of Sahara Group, noted that it development.
6 Months Deposit Rate 10.93

United Capital Launches Nigerian DiasporaTrust 12 Months Deposit Rate 10.21

Prime Lending rate 17.35


With an increasing number of Director/CEO, United Capital a professionally managed fund
Nigerians living in the diaspora Trustees Limited, Tokunbo Ajayi, designed to generate competitive Maximum Lending Rate 31.55
who want to start and grow “with an ever increasing size of returns while alive and upon
investments back home, United Nigerians in the Diaspora, spread demise of the individual.
Capital Trustees has introduced across countries like UK, USA, “With a confidentiality that ˾ÙØÏÞËÜãÙÖÓÍãËÞÏ̋ͯͱϱ
the Nigerian Diaspora Trust. The Dublin, Dubai and Canada the is preserved, the trust will help
OPEC DAILY BASKET PRICE 
˜ͰͮͰͮͯͷ
United Capital Nigerian Diaspora birth of the Nigerian Diaspora carry the burden of being your
Trust, a product designed to Trust, comes at a time when representative where they are The price of OPEC basket of fourteen crudes stood at $65.30 a barrel on Friday,
meet the needs of Nigerians Nigerians living abroad want to not physically present to oversee compared with $64.39 the previous day, according to OPEC Secretariat calculations.
living abroad, affords them the invest and build legacies back and execute their investment and The OPEC Reference Basket of Crudes (ORB) is made up of the following: Saharan Blend
opportunity to transfer respon- home, but are often faced with home-coming plans”. (Algeria), Girassol (Angola), Djeno (Congo), Oriente (Ecuador), Zafiro (Equatorial Guinea),
sibilities and assets to reliable the fear of the credibility and United Capital Trustees Rabi Light (Gabon), Iran Heavy (Islamic Republic of Iran), Basra Light (Iraq), Kuwait Export
Trustee who in turn represents reliability of friends and family Limited (UCTL) is a subsidiary
(Kuwait), Es Sider (Libya), Bonny Light (Nigeria), Arab Light (Saudi Arabia), Murban (UAE)
and protect their interest while to carry out their wishes”. of United Capital Plc a leading
and Merey (Venezuela).
ensuring that their heart desires A statement from the firm financial services group in Africa
and objectives are achieved. quoted Ajayi to have further said: focused on leveraging technology
SOURCE: OPEC headquarters, Vienna
According to the Managing “Our Nigerian Diaspora Trust is to empower businesses.
T H I S D AY ˾˜ͰͲ˜Ͱͮͯͷ 31

MARKET NEWS

Linkage Assurance Seeks Shareholders’ Approval to Raise Funds


Goddy Egene board would be authorised to company up to the maximum NSE to raise about N5.932 bil- increased to N15 billion declined as volume and
raise fresh funds. In a notifi- limit of the authorised share lion from existing shareholders in the light of ongoing value traded fell by 38.2
The board of directors of cation to the Nigerian Stock capital whether by way of through a right issue. recapitalisation exercise per cent and 85 per cent to
Linkage Assurance Plc is Exchange (NSE), yesterday, special placement or public Specifically, WAPIC Insur- in insurance industry. 109.6 million units and N888.2
seeking shareholders’ ap- Linkage Assurance Plc asked offer, rights issue or other ance applied to make a Meanwhile, the stock mar- million respectively. The most
proval to raise fresh capital shareholders to increase its methods or a combination right issue of 15,613,194,623 ket opened for the week on active stocks by volume were
in order to comply with the authorised share capital from of any of them either locally ordinary shares of 50 kobo a negative note as the NSE FBN Holdings Plc (20.3 million
new share capital requirements N7.5 billion to N15 billion by or internationally and upon each at 38 kobo per share All-Share Index fell by 0.15 shares), Transcorp (9.8 million
for insurance firms as stipu- the creation of additional 15 such terms and conditions as on the basis of seven new per cent to close at 27,657.27, shares) and Access Bank plc
lated by National Insurance billion ordinary shares of 50 the directors may deem fit ordinary shares for every while market capitalisation (9.7 million shares) while FBN
Commission (NAICOM). kobo each. in the interest of company six ordinary shares held. shed N20.2 billion to be at Holdings Plc (N114.3 million),
To this end, the company has The shareholders were and subject to the approval Shareholders of WAPIC N13.5trillion. Based on this, Dangote Cement Plc (N102.9
convened an extra-ordinary also expected to authorise of regulatory authorities. Insurance Plc had last the year-to-date decline has million) and Zenith Bank
general meeting (EGM) for the director to raise addi- Only last week, WAPIC June approved that the worsened to 12 per cent. Plc (N84.5 million) led by
October in Lagos, where the tional equity capital for the Insurance Plc applied to the authorised capital base be Also, activity level value.

P R I C E S F O R S E C U R I T I E S T R A D E D A S O F 2 3 / 0 9 / 2 0 1 9
MAIN BOARD DEALS MARKET QUANTITY VALUE TRADED MAIN BOARD DEALS MARKET QUANTITY VALUE TRADED
PRICE TRADED ( N ) PRICE TRADED ( N)
TUESDAY, SEPTEMBER 24, 2019 ˾T H I S D AY 32

MARKET NEWS
FMDQ Boss Lists Benefits of Depository Subsidiary to Financial Markets
Goddy Egene This he said is one of the core central securities depository collateral caching, asset servicing risks in the nation’s financial partnerships and alliances
characteristics of a mature capital (CSD), FMDQ Depository and settlement services in the markets by linking securities formed by the FMDQ entities,
The Managing Director/Chief market and the depository and Limited last month. Nigerian financial markets, and cash in a way that enhances whilst engaging its critical
Executive Officer, FMDQ attendant custodial service is According to him, as a offering market participants delivery versus payment, thus stakeholders, including
Securities Exchange Plc, Mr. one of the key ingredients of strategically positioned CSD, an unrivalled opportunity to facilitating seamless settlement regulators and market
Bola Onadele.Koko has said that developed global markets. FMDQ Depository will experience enhanced straight- finality. participants, across the value
an effective and fully developed Onadele stated this against complement the clearing through-processing. Ahead of operationalising chain, on its operational
securities depository system is the background of the function discharged by He explained that FMDQ its business franchise, FMDQ readiness to implement value-
essential for maintaining and commencement of operations by FMDQ Clear by providing Depository is positioned to Depository commenced added product and service
enhancing market efficiency. the exchange’s wholly owned the requisite framework for significantly reduce principal leveraging on strategic offerings.
A Mutual fund (Unit Trust) is an investment floor of the Nigerian Stock Exchange. Offer price: The price at which units of a trust or
vehicle managed by a SEC (Securities and A REIT (Real Estate Investment Trust) is an ETF are bought by investors.
Exchange Commission) registered Fund Manager. investment vehicle that allows both small and Bid Price: The price at which Investors
Investors with similar objectives buy units of the large investors to part-own real estate ventures (eg. redeem (sell) units of a trust or ETF.
Fund so that the Fund Manager can buy securities Offices, Houses, Hospitals) in proportion to their Yield/Total Return: Denotes the total
that willl generate their desired return. investments. The assets are divided into shares that return an investor would have earned on
An ETF (Exchange Traded Fund) is a type are traded on the Nigerian Stock Exchange. his investment. Money Market Funds report
of fund which owns the assets (shares of stock, Yield while others report Year- to-date Total
bonds, oil futures, gold bars, foreign currency, GUIDE TO DATA: Return.
etc.) and divides ownership of those assets into Date: All fund prices are quoted in Naira as at 20- NAV: Is value per share of the real estate
shares. Investors can buy these ‘shares’ on the Sep-2019, unless otherwise stated. assets held by a REIT on a specific date.

DAILY PRICE LIST FOR MUTUAL FUNDS, REITS and ETFS


MUTUAL FUNDS / UNIT TRUSTS INVESTMENT ONE FUNDS MANAGEMENT LTD enquiries@investment-one.com
AFRINVEST ASSET MANAGEMENT LTD aaml@afrinvest.com Web: www.investment-one.com; Tel: +234 812 992 1045,+234 1 448 8888
Web: www.afrinvest.com; Tel: +234 818 885 6757 Fund Name Bid Price Offer Price Yield / T-Rtn
Fund Name Bid Price Offer Price Yield / T-Rtn Abacus Money Market Fund 100.00 100.00 11.52%
Afrinvest Equity Fund 141.94 143.81 -9.80% Vantage Balanced Fund 2.17 2.19 0.49%
Afrinvest Plutus Fund 100.00 100.00 12.64% Vantage Guaranteed Income Fund 1.00 1.00 15.81%
Nigeria International Debt Fund 273.36 273.36 0.05% Kedari Investment Fund (KIF) 130.92 130.81 4.68%
ALTERNATIVE CAPITAL PARTNERS LTD info@acapng.com LOTUS CAPITAL LTD fincon@lotuscapitallimited.com
Web: www.acapng.com, Tel: +234 1 291 2406, +234 1 291 2868 Web: www.lotuscapitallimited.com; Tel: +234 1-291 4626 / +234 1-291 4624
Fund Name Bid Price Offer Price Yield / T-Rtn Fund Name Bid Price Offer Price Yield / T-Rtn
ACAP Canary Growth Fund 0.88 0.88 4.41% Lotus Halal Investment Fund 1.17 1.19 6.13%
ACAP Income Funds 0.77 0.77 34.95% Lotus Halal Fixed Income Fund 1,119.69 1,119.69 9.73%
AIICO CAPITAL LTD ammf@aiicocapital.com MERISTEM WEALTH MANAGEMENT LTD info@meristemwealth.com
Web: www.aiicocapital.com, Tel: +234-1-2792974
Fund Name Bid Price Offer Price Yield / T-Rtn Web: http://www.meristemwealth.com/funds/ ; Tel: +234 1-4488260
AIICO Money Market Fund N/A N/A N/A Fund Name Bid Price Offer Price Yield / T-Rtn
AIICO Balanced Fund N/A N/A N/A Meristem Equity Market Fund 9.81 9.89 -8.25%
ARM INVESTMENT MANAGERS LTD enquiries@arminvestmentcenter.com Meristem Money Market Fund 10.00 10.00 11.14%
Web: www.arm.com.ng; Tel: 0700 CALLARM (0700 225 5276) PAC ASSET MANAGEMENT LTD info@pacassetmanagement.com
Fund Name Bid Price Offer Price Yield / T-Rtn Web: www.pacassetmanagement.com/mutualfunds; Tel: +234 1 271 8632
ARM Aggressive Growth Fund N/A N/A N/A
Fund Name Bid Price Offer Price Yield / T-Rtn
ARM Discovery Fund N/A N/A N/A
ARM Ethical Fund N/A N/A N/A PACAM Balanced Fund 1.29 1.32 5.13%
ARM Money Market Fund N/A N/A N/A PACAM Fixed Income Fund 11.97 12.08 7.34%
AXA MANSARD INVESTMENTS LIMITED investmentcare@axamansard.com PACAM Money Market Fund 10.00 10.00 12.38%
Web: www.axamansard.com; Tel: +2341-4488482 SCM CAPITAL LIMITED info@scmcapitalng.com
Fund Name Bid Price Offer Price Yield / T-Rtn Web: www.scmcapitalng.com; Tel: +234 1-280 2226,+234 1- 280 2227
AXA Mansard Equity Income Fund N/A N/A N/A Fund Name Bid Price Offer Price Yield / T-Rtn
AXA Mansard Money Market Fund 1.00 1.00 12.72%
CAPITAL EXPRESS ASSET AND TRUST LIMITED info@capitalexpressassetandtrust.com SCM Capital Frontier Fund 123.06 123.12 1.72%
Web: www.capitalexpressassetandtrust.com ; Tel: +234 803 307 5048 SFS CAPITAL NIGERIA LTD investments@sfsnigeria.com
Fund Name Bid Price Offer Price Yield / T-Rtn Web: www.sfsnigeria.com, Tel: +234 (01) 2801400
CEAT Fixed Income Fund 1.86 1.86 11.05% Fund Name Bid Price Offer Price Yield / T-Rtn
CHAPELHILL DENHAM MANAGEMENT LTD investmentmanagement@chapelhilldenham.com SFS Fixed Income Fund 1.03 1.03 10.45%
Web: www.chapelhilldenham.com, Tel: +234 461 0691 STANBIC IBTC ASSET MANAGEMENT LTD assetmanagement@stanbicibtc.com
Fund Name Bid Price Offer Price Yield / T-Rtn Web: www.stanbicibtcassetmanagement.com; Tel: +234 1 280 1266; 0700 MUTUALFUNDS
Chapelhill Denham Money Market Fund 100.00 100.00 13.60% Fund Name Bid Price Offer Price Yield / T-Rtn
Paramount Equity Fund 12.19 12.29 3.20% Stanbic IBTC Balanced Fund 2,368.42 2,379.85 2.30%
Women's Investment Fund 108.33 109.07 4.64% Stanbic IBTC Bond Fund 204.89 204.89 7.76%
CORDROS ASSET MANAGEMENT LIMITED assetmgtteam@cordros.com Stanbic IBTC Ethical Fund 0.84 0.85 -11.05%
Web: www.cordros.com, Tel: 019036947 Stanbic IBTC Guaranteed Investment Fund 266.26 266.36 9.76%
Fund Name Bid Price Offer Price Yield / T-Rtn
Cordros Money Market Fund 100.00 100.00 11.60% Stanbic IBTC Iman Fund 145.86 147.42 -10.61%
Cordros Milestone Fund 2023 96.37 97.06 Stanbic IBTC Money Market Fund 100.00 100.00 12.09%
Cordros Milestone Fund 2028 97.46 98.27 Stanbic IBTC Nigerian Equity Fund 7,567.64 7,649.75 -10.90%
CORONATION ASSEST MANAGEMENT investment@coronationam.com Stanbic IBTC Dollar Fund (USD) 1.14 1.14 5.52%
Web:www.coronationam.com , Tel: 012366215 Stanbic IBTC Shariah Fixed Income Fund 100.56 100.56 0.00%
Fund Name Bid Price Offer Price Yield / T-Rtn UNITED CAPITAL ASSET MANAGEMENT LTD
Coronation Money Market Fund N/A N/A N/A Web: www.unitedcapitalplcgroup.com; Tel: +234 803 306 2887
Coronation Balanced Fund N/A N/A N/A Fund Name Bid Price Offer Price Yield / T-Rtn
Coronation Fixed Income Fund N/A N/A N/A United Capital Balanced Fund 1.14 1.15 -2.54%
EDC FUNDS MANAGEMENT LIMITED mutualfundng@ecobank.com United Capital Bond Fund 1.66 1.66 10.47%
Web: www.ecobank.com Tel: 012265281
United Capital Equity Fund 0.65 0.66 -9.83%
Fund Name Bid Price Offer Price Yield / T-Rtn
EDC Nigeria Money Market Fund Class A 100.00 100.00 12.18% United Capital Money Market Fund 1.00 1.00 12.72%
EDC Nigeria Money Market Fund Class B 1,000,000.00 1,000,000.00 12.07% United Capital Eurobond Fund 109.29 109.23 8.15%
EDC Nigeria Fixed Income Fund 1,108.53 1,114.73 11.55% United Capital Wealth for Women Fund 1.04 1.05 5.15%
FBNQUEST ASSET MANAGEMENT LTD invest@fbnquest.com QUANTUM ZENITH ASSET MANAGEMENT & INVESTMENTS LTD service@quantumzenithasset.com.ng
Web: www.fbnquest.com/asset-management; Tel: +234-81 0082 0082 Web: www.quantumzenith.com.ng; Tel: +234 1-2784219
Fund Name Bid Price Offer Price Yield / T-Rtn Fund Name Bid Price Offer Price Yield / T-Rtn
FBN Fixed Income Fund 1,242.54 1,243.32 11.03%
Zenith Equity Fund 9.96 10.13 -5.44%
FBN BALANCED FUND 140.74 141.67 -1.43%
FBN Money Market Fund 100.00 100.00 12.39% Zenith Ethical Fund 11.24 11.42 -6.35%
FBN Nigeria Eurobond (USD) Fund - Institutional 119.89 120.27 8.45% Zenith Income Fund 22.28 22.28 10.19%
FBN Nigeria Eurobond (USD) Fund - Retail 120.19 120.57 8.98% Zenith Money Market Fund 1.00 1.00 11.68%
FBN Nigeria Smart Beta Equity Fund N/A N/A N/A
FIRST CITY ASSET MANAGEMENT LTD fcamhelpdesk@fcmb.com
REITS
Fund Name NAV Per Share Yield / T-Rtn
Web: www.fcamltd.com; Tel: +234 1 462 2596
FSDH UPDC Real Estate Investment Fund 5.40 -44.85%
Fund Name Bid Price Offer Price Yield / T-Rtn
SFS Skye Shelter Fund 117.09 5.40%
Legacy Money Market Fund 1.00 1.00 10.69%
Union Homes REIT 53.10 2.63%
Legacy Debt Fund 3.53 3.53 8.96%
Legacy Equity Fund 1.07 1.09 -12.55% EXCHANGE TRADED FUNDS
Legacy USD Bond Fund 1.07 1.07 3.72% Fund Name Bid Price Offer Price Yield / T-Rtn
FSDH ASSET MANAGEMENT LTD coralfunds@fsdhgroup.com Lotus Halal Equity Exchange Traded Fund 8.32 8.42 -16.33%
Web: www.fsdhaml.com; Tel: 01-270 4884-5; 01-280 9740-1 SIAML Pension ETF 40 88.28 90.19 -24.73%
Fund Name Bid Price Offer Price Yield / T-Rtn Stanbic IBTC ETF 30 Fund 70.89 72.24 -20.03%
Coral Growth Fund 3,008.59 3,039.95 0.83% VETIVA FUND MANAGERS LTD funds@vetiva.com
Coral Income Fund 3,005.84 3,005.84 9.69% Web: www.vetiva.com; Tel: +234 1 453 0697
FSDH Treasury Bills Fund 100.00 100.00 12.49% Fund Name Bid Price Offer Price Yield / T-Rtn
GREENWICH ASSET MANAGEMENT LIMITED assetmanagement@gtlgroup.com Vetiva Banking Exchange Traded Fund 3.42 3.46 -14.34%
Web: www.gtlgroup.com ; Tel: +234 1 4619261-2 Vetiva Consumer Goods Exchange Traded Fund 5.30 5.38 -30.35%
Fund Name Bid Price Offer Price Yield / T-Rtn Vetiva Griffin 30 Exchange Traded Fund 12.01 12.11 -17.79%
Greenwich Plus Money Market Fund 100.00 100.00 11.08%
Nigeria Entertainment Fund 110.72 111.73 3.10% Vetiva Industrial Goods Exchange Traded Fund 10.84 11.04 -12.24%
GROWTH & DEVELOPMENT ASSET MANAGEMENT LIMITED assetmanagement@gdl.com.ng Vetiva S&P Nigeria Sovereign Bond Exchange Traded Fund 148.79 150.79 12.63%
Web: www.gdl.com.ng ; Tel: +234 9055691122 INFRASTRUCTURE FUND
Fund Name Bid Price Offer Price Yield / T-Rtn Fund Name NAV Per Share Yield / T-Rtn
GDL Money Market Fund 10.00 10.00 12.39% Chapel Hill Denham Nigeria Infrastructure Debt Fund 108.34 17.40%
The value of investments and the income from them may fall as well as rise. Past performance is a guide and not an indication of future returns. Fund prices published in this edition are also available on
each fund manager’s website and FMAN’s website at www.fman.com.ng. Fund prices are supplied by the operator of the relevant fund and are published for information purposes only.
TUESDAY SEPTEMBER 24, 2019 ˾T H I S D AY 33

INTERNATIONAL
After 178 Years, Thomas Cook Collapses
as Last-ditch Rescue Effort Fails going bust and was in weekend charter planes, from as far afield U.K. history. So there are bound easyJet and Ryanair to flourish. a place for the package already,
Chinedu Eze with agency report talks with shareholders and as Malaysia, had been hired to be problems and delays,” he At the same time, he said, the as companies like Jet2 and TUI
creditors to stave off failure. to fly customers home free of said. Internet became widely used are demonstrating, but Thomas
After last minute talks to The firm, whose airliners were charge. He said hundreds of British travel expert Simon for travel bookings, lessening Cook was behind the curve and
save the 178-year old holiday a familiar sight in many parts of people were staffing call centers Calder told Sky News that the demand for Thomas Cook’s I’m afraid with high costs such
firm, Thomas Cook, it finally the world, also operated around and airport operations centers. Thomas Cook’s problems started travel agencies. as those expensive high street
collapsed yesterday with 150,000 600 U.K. travel stores. “The task is enormous, the in 1994 when the “open skies” “There’s still of course a place premises they simply couldn’t
travellers stranded. The company’s chief biggest peacetime repatriation in agreement allowed upstarts for travel professionals, there’s cope,” he said.
According to BBC, the UK executive, Peter Fankhauser,
Civil Aviation Authority (CAA) said in a statement read
said the tour operator had outside the company’s offices
“ceased trading with immediate Monday morning that he deeply
effect”, so its four airlines would regretted the shutdown.
be grounded. “Despite huge efforts over a
The company failed after it number of months and further
was unable to secure emergency intense negotiations in recent
funding. days we have not been able
The British government said to secure a deal to save our
the return of the 178-year-old business. I know that this
firm’s 150,000 British customers outcome will be devastating
now in vacation spots across to many people and will
the globe would be the largest cause a lot of anxiety, stress
repatriation in its peacetime and disruption,” he said.
history. The process began Britain’s CAA said it had
Monday and officials warned arranged an aircraft fleet for
that delays are inevitable. the complex British repatriation
With the collapse of the effort, which is expected to last
holiday firm, its 21,000 two weeks.
employees in 16 countries, “Due to the significant
including 9,000 in the U.K., will scale of the situation, some
lose their jobs. The company disruption is inevitable, but the
several months ago had blamed Civil Aviation Authority will
a slowdown in bookings endeavor to get people home as
because of Brexit uncertainty close as possible to their planned
for contributing to its crushing
debt burden.
dates,” the aviation authority
said in a statement.
WELCOME MR. PRESIDENT…
The company had said last Describing the repatriation
L-R: President Muhammadu Buhari; Nigerian Consul General, Mr. Ben Okoyen, Sales and Marketing Officer, Mr. Siddharth Kohli, and
Friday it was seeking 200 million plan, British Transport Secretary Hotel Manager, UN Plaza, Mr. Thom Caska, when the president arrived for the 74th Session of the United Nations General Assembly
pounds ($250 million) to avoid Grant Shapps said dozens of in New York...Sunday

Brexit: UK Labour Rejects Seven Children Killed, 57 Injured after Classroom Collapses in Kenya
Kenyan Government on Dagoretti, collapsed at 7.30 am psychosocial support services. built of a concrete slab.
Campaign to Remain in EU Monday confirmed that seven
pupils were killed and 57 others
(0430 GMT).
A community leader said the
Distraught parents and
members of the public railed
The school’s manager, Moses
Ndirangu, said the collapse
injured after a classroom at a first casualties were evacuated at the school’s administration could be the result of ongoing
Britain’s opposition Labour government, must go back to primary school in Nairobi to a nearby Catholic clinic by for what they termed the poor sewer works on one side of the
Party descended into chaos the British public for the final collapsed. motorbike, because ambulances structural quality of the collapsed classrooms.
on Monday as it narrowly say,” Labour’s foreign affairs Cyrus Oguna, a government took an hour and a half to arrive. building. Local lawmaker, John Kiarie
rejected a grass-roots attempt spokeswoman Emily Thornberry spokesman, said at a press The Red Cross announced on One parent told dpa that said the school is located in an
to force leader Jeremy Corbyn insisted in an impassioned conference that the classroom its Twitter account that it had the collapsed building was an impoverished informal settlement
to campaign to remain in the address. at the Precious Talent Academy set up information and tracing iron-sheet walled, one-storey and the quality of the structures
European Union and reverse the “Because conference, we are in Nairobi’s western suburb of desk and would be offering building, with the first floor may not be up to par.
outcome of the 2016 Brexit vote. an internationalist party.”
The 119-year-old party’s
annual congress turned into
The result means that Labour
will leave the conference in the Congo to Introduce Second Vaccine against Ebola in Mid-October
a showdown between its same position that it came in — The World Health Organisation The haemorrhagic fever has in areas that do not have minister, Oly Ilunga, had in
irreconcilably splintered pro- and in favour of a second referendum (WHO) on Monday said Congo infected more than 3,000 people active Ebola transmission as July criticised what he said
anti-Brexit wings. but against openly campaigning would introduce a second and killed at least 2,000 since an additional tool to extend was pressure to use a new
Opinion polls show Corbyn’s for or against. vaccine against Ebola from an outbreak was declared 13 protection against the virus. Ebola vaccine to try to stem
efforts to unite the two by either The strategy has not been mid-October, as the country months ago in Congo’s volatile Congolese authorities have the spread of the virus.
delaying a decision on departure working with voters, who continues to battle the second- eastern region. said they want to target small- He is now under
or putting it in hands of voters appear to want clear options worst outbreak of the disease The WHO declared it an scale Congolese traders who investigation for allegedly
in a likely early election have led as the country races toward an in history. international health emergency cross into Rwanda. embezzling Ebola funds.
to a dramatic drop in support. October 31 exit from Europe WHO Director-General in July, after the disease spread The current vaccine, Curbing the spread of the
But a motion to force the party without a plan for future trade. Tedros Ghebreyesus said to Goma, a major urban centre produced by Merck, has been virus in eastern Congo has
to “campaign energetically for Two surveys published over in a statement that the near the border with Rwanda. given to more than 223,000 proved difficult because of
a public vote and to stay in the the weekend put Labour 15 DRC authorities have once The WHO said second people at high risk of Ebola, the numerous rebel groups
EU in that referendum” was percentage points behind Prime again shown leadership and vaccine, manufactured by including those who had operating in the area and a
lost in a show-of-hands vote Minister Boris Johnson’s ruling determination to end the Johnson & Johnson, will be contact with an infected person. local population are suspicious
that appeared too close to call, Conservatives and in danger outbreak as soon as possible. given to at-risk populations Congo’s former health of health workers.
to many watching in the hall. of losing second place to the
“In my view, it was carried,” pro-EU Liberal Democrats.
congress chair Wendy Nicholls
announced after surveying the
Grass roots activists spent
hours deep into Sunday night
Ex-Zimbabwean President Mugabe Died of Cancer, Says Mnangagwa
hands of 1,200 delegates packed trying to come up with a single Zimbabwen President, Emmerson the ruling party ZANU-PF in New Assembly. on Sept. 14, now lying in state at his
into hall in the English south Brexit motion that could be put Mnangagwa, said on Monday that York that Mugabe had to be taken Mugabe died in Singapore on home in Harare while a mausoleum
coast resort city of Brighton. up for a vote at the conference former President Robert Mugabe off the chemotherapy because it Sept. 6, and his body was brought was built for him at the national
“No, sorry, it was lost,” she on Monday. died of advanced cancer and had was no longer effective. home on Sept. 11. A funeral service shrine. However, a family source
corrected herself a moment later. They ended up with three. already been taken off chemotherapy. Mnangagwa is in the U.S. for attended by regional leaders was said they were now in charge of
Nicholls dismissed pleas They first passed a motion Mnangagwa told supporters of the 74th session of the UN General held at the National Heroes Acre the funeral.
from one pro-EU delegate who proposed by Corbyn and backed
jumped on stage to ask for a by the ruling executive in a secret
recount.
The results was a triumph
ballot that infuriated numerous
delegates over the weekend. Netanyahu Wins Majority of Votes to Head New Israeli Govt
for the veteran socialist Corbyn It sees Labour adopting no Fifty-five members of the government. after the National Democratic former defense chief Avigdor
— the official leader of Britain’s official Brexit position in the Knesset parliament on Monday According to the Israeli Alliance (Balad party), an ally Lieberman refused to support
opposition since 2015 — and general election campaign. called on Israeli Prime Minister Channel 13, the round of of the Arab Joint List, said it did any of the elected candidates.
a painful blow for a clutch of But it promises to consider Benjamin Netanyahu, the head consultations at the president’s not support the List’s position The final results of the election
leaders who broke ranks and coming up with one “through of Likud party, to form the next headquarters ended with to vote for Benny Gantz. will be presented to Rivlin on
tried to turn Labour into an a special one-day conference, government, compared to 54 Benjamin Netanyahu’s mandate “The only government which Sept. 25.
unambiguously pro-European following the election of a votes for the opposition Blue to form the government. can be formed is a broad unity The president will meet
party. Labour government”. and White political alliance, Netanyahu’s party Likud government. with the leaders of the parties
“We must fight with every Labour would then stage a according to media reports. and allies have secured 55 “The only way to reach such elected to parliament to discuss
fibre of our beings to say second referendum in which On Sunday, Israeli President seats, while Gantz’s Blue and a government is to sit down the nominee for the office of
between now and 31 October, voters would be given the choice Reuven Rivlin began two-day White-led alliance won 54, the and talk with an open mind,” prime minister.
and afterwards if there is of either backing a new Brexit consultations with elected parties channel reported. Netanyahu said on Twitter. After the nominee is chosen,
a general election, that any agreement negotiated by Corbyn to pick a politician with the best The broadcaster added that On its turn, the Yisrael he will have 42 days to form a
terms of departure, from any or staying in the EU. chance of forming a coalition Netanyahu got the mandate Beitenu political party led by viable coalition.
34 T H I S D AY ˾ͰͲ˜Ͱͮͯͷ

IMAGES Photo Editor ÌÓÙÎßØÔËÖË


Email ËÌÓÙÎßØ˛ËÔËÖË̶ÞÒÓÝÎËãÖÓàÏ˛ÍÙ×

L-R: Consul General of Nigeria in New York, Mr Benaoyagha Okoyen; President, Africa Peace Support LLC, Mr Shola Omoregie; President, Go Africa LLC, Mr Dennie Beach and CEO Africa Diaspo, Mr Salim Soumbounou during the 2019
edition of the expo in New York, USA...recently

L-R: Managing Director/CEO, AFP Limited, Mr. Tope Agunbiade; Special Assistance to Ondo State Governor on
Investment, Mr. Boye Oyewunmi; General Overseer, Pavilion of Faith Global Church, Apostle Anthony Fasipe and L-R: Chairman/CEO, Blaugrana Group, Leslie Oghomienor; Parent/Special Guests, Children International School,
CEO, Rozet Limited, Prince Larry Adeyemo, at the Pavilion of Faith Global Church 5th Anniversary, in Lagos.... Lekki, Shiva Kumar; Mrs. Onwubuariri Elizabeth; Mr. Tayo Awosanya and Technical Director, Barca Academy, Mr.
recently PHOTO: KOLA OLASUPO Jorge Couto, at the Barca Academy Parents Forum in Lagos...recently

L-R: Daughter of the deceased, Adaoha Ubani; wife of the deceased, Ochuwa Ubani; President, Women Arise, L-R: Wife of Lagos State Governor, Dr. Ibijoke Sanwo-Olu; Deputy Governor and Celebrant, Dr. Obafemi Hamzat; his
Dr Joe Okei-Odumakin; Human Right Lawyer, Femi Falana SAN; and Chirman, NBA Ikeja Branch, Prince Dele wife, Oluremi; Speaker, Lagos State House of Assembly, Hon. Mudashiru Ajayi Obasa; his wife, Falilat Olusola; APC
Oloke, during the 14th remembrance anniversary of late Chima Ubani at NBA Secretariat, Ikeja, Lagos... Chieftain, Chief Mutiu Are and the State Commissioner for Local Government and Chieftaincy Affairs, Mrs. Yetunde
recently PHOTO: KOLAWOLE ALLI Arobieke, during the 55th birthday ceremony of the Deputy Governor in Lagos...recently PHOTO: KOLA OLASUPO

L-R: District Governor 404B2, Lion Wesley Kafidiya; New President, Osun New Era Lions Club, Lioness Prof.
Olubukola Oyawoye and her Husband, Prof. Enoch Oyawoye, during the investiture ceremony of Oyawoye as 6th L-R: Delta State Governor, Senator Ifeanyi Okowa; Commissioner for Works, Chief James Augoye and Chief
President of Osun New Era Lions Club, in Osogbo...recently PHOTO: FELIX ADEMOLA Ighoyota Amori, during the Governor’s Inspection of Sapele/Warri Express Road, Delta State…recently
36 TUESDAY SEPTEMBER 24, 2019 • T H I S D AY
TUESDAY SEPTEMBER 24, 2019 ˾T H I S D AY 35

NEWSXTRA

Tribunal Sacks Benue Assembly Deputy Speaker with 397 votes and cancelled units or declared the election the two polling units where that it remains the last hope
George Okoh in Makurdi of the state House of Assembly,
Mr. Chris Adaji of the Peoples 1,056 votes in the two polling inconclusive. elections were cancelled within of the people.
A National and State Assembly Democratic Party (PDP). units of Igbanomaje and Odega. Justice Odudu held that the 90 days. “I want to appreciate the
Election Petitions Tribunal The Independent National But delivering its judgement declaration and return of Adaji Vincent Tortsugh, who Tribunal for the good job done.
sitting in Makurdi, Benue Electoral Commission (INEC) yesterday, the Tribunal led by without a rerun in Otega and appeared for the petitioners, Let me appreciate the people
State capital has nullified the had declared Adaji as the Justice R. O. Odudu, held that Ogadagba ward is invalid by described the decision of the of Ohimini for standing behind
election of the Deputy Speaker winner of the March 9 poll the margin with which Adaji reason of non-substantial Tribunal as “reasonable,” me during the period of the
led Musa Alechenu Ohimini compliance with the Electoral adding that “we didn’t expect legal struggle,” Alechenu said,
of All Progressives Congress Act 2010 (as amended). The anything other than this.” while insisting that he would
14 Abducted Passengers (APC) was less than the
number of votes cancelled.
The Tribunal said INEC
Tribunal, therefore, issued an
order for the withdrawal of
certificate of return issued to
The APC candidate
described the decision as a
testimony of the wishes of the
win the rerun.
Adaji’s counsel, Ken Ikonne
said he would consult his client
Rescued in Osun ought to have ordered for a
rerun in the affected polling
Adaji and an order directing
INEC to conduct a rerun in
people, saying by the decision,
the judiciary has reaffirmed
before taking any further
decision.
Yinka Kolawole in Osogbo whisked away to an unknown
destination.
The police in Osun State The driver, according to the
have announced the rescue information, would have escaped
of 14 persons kidnapped by but the deplorable state of the
suspected Fulani herdsmen road hindered him.
at Ajeokun junction, Otan Ile/ However, Osun State
Imesi Ile road in Obokun Local Coordinator of the Oodua
Government Area of the state. People’s Congress (OPC), Chief
The state Commissioner of Aladesawe Adedeji, said all the
Police, Mrs. Abiodun Ige, made 14 abducted victims have been
the announcement yesterday rescued.
evening while speaking with Adedeji, who named Ganiyu
THISDAY on the phone. Waheed as one of the OPC
According to the police members who led the
commissioner, all the abducted operation to free them, said
victims were rescued unhurt, the rescue was made possible
adding that she could not with the joint efforts of OPC,
confirm whether their abductors vigilance group, police, DSS
were Fulani herdsmen or not. officers among others.
The victims were passengers He said they rescued the
of a commercial bus that victims unhurt after a gun duel
was attacked last Sunday by with the suspects before they
kidnappers. (the abductors) took to their
The passengers were heels when they discovered
ambushed at Ajeokun Junction they could no longer bear their
between Otan Ile and Imesi Ile fire powers.
in Obokun LGA of the state, The OPC coordinator
and later taken to a hideout by warned kidnappers to relocate
their abductors.
It was gathered that the out of the state or surrender,
saying: “Very soon, we are
EASE OF DOING BUSINESS…
kidnappers pointed guns at the L-R: Permanent Secretary, Lagos State, Ministry of Physical Planning and Urban Development, Dipe Foluso Adebayo; Permanent
bus and ordered the passengers going to come out in full force Secretary, Public Service Office (PSO), Mr. Ajibade Samson Olusegun; Director General, Office of Transformation, Creativity and Innovation
to come out before they were to fight them.” (OTCI), Mr. Toba Otusanya; and Permanent Secretary, Lands Bureau, Mr. Bode Agoro, during a Stakeholders’ Engagement Forum on Ease
of Doing Business by Lagos State Office of Transformation, Creativity and Innovation, for Stakeholders in the Built Environment in Lagos
...yesterday KOLA OLASUPO
I’m Seeking Judicial Redress
against Faulty Primaries, Community Leader, Two Others Killed in Plateau Attack
Seriki Adinoyi in Jos on some farmers at Hukke Saturday, it was least expected in this state. Though there
Says Alaibe village and killed a community that another killing would take are peace spoilers among us,
Segun James “Although this was Three days after a meeting leader identified as Elder Musa place three days after. their act would not deter us
misunderstood by some to broker peace between the Yelvuh, and Mrs. Ladi Wuh He said; “These people from pursuing peace. The
A governorship aspirant under people, I want to sincerely natives and Fulani herdsmen and Mrs. Laraba Audu, who don’t want peace; anytime plan of this set of people is
the platform of the Peoples thank my supporters and in Bassa Local Government were working in their farms. there is move for reconciliation to undo whatever we are
Democratic Party (PDP), in indeed all lovers of democracy Area of Plateau State was Four other persons escaped and peace, they strike. We doing to promote peace.
Bayelsa State, Mr. Timi Alaibe and the rule of law for their convened at the instance of the with various degrees of injuries. have become their prey, they “However, we will not be
has declared his intention to understanding and massive state Peace Building Agency, a Spokesman of Miango Youth bounce on us any time they deterred because our target is
seek judicial redress in order support so far. I salute your community leader and two of Development Association, want, and their plan is to peace. All those who cherish
to correct the wrong done to calmness and perseverance in his subjects have been killed Mr. Lawrence Zongo, said dislodge us from our ancestral peace must team up with the
him in what he termed a faulty the face of great injustice. But by gunmen suspected to be investigations revealed that land. But one thing is certain, agency, as we are determined
party primaries conducted by please understand that I need Fulani herders. those who carried out the we cannot become slaves in more than before regardless
the PDP in the state, adding you now more than ever.” Following previous persistent attack were Fulani herdsmen our own land.” of what is happening. What
that he had no intention to Alaibe disclosed that people clashes in the local government from the neighbouring village, Reacting to the incident, happened is discouraging but
dump the PDP for another have suggested that he should area especially between the adding that the latest attack Director General of the state we are not going to relent.”
party. simply dump the PDP and Irigwes and the Fulani, the was a surprise to the people Peace Building Agency, Mr. Meanwhile, the state
Alaibe, in a statement signed accept the various offers Peace Building Agency in the of the local government area Joseph Lengmang, who Chairman of Miyetti Allah
personally by him, said that by other political parties so state last Saturday organised considering the recent peace strongly condemned the Cattle Breeders Association
despite controversies arising that “we would realise our a peace parley with the meeting held. killings, said the latest attack, (MACBAN), Mallam
from the “inexcusable faulty vision of implementing the stakeholders in the council on Also speaking, the National in spite of the Saturday peace Mohammadu Nura, has
processes that preceded the Blue Economy and Project the need to live in harmony. President Irigwe Development meeting held in the area, was said he was not aware of any
PDP governorship primary Dolphin in Bayelsa State. The two groups agreed to live Association, Hon. Sunday a ploy by merchant of violence incident in Bassa.
election in Bayelsa State, it That is indeed an excellent in peace with each other after Abdul, said the attack clearly to re-ignite clashes in the local The state Police Public
was the collective decision of suggestion. It demonstrates the the meeting. portrayed that the herdsmen government area. Relations Officer, DSP Mathias
those who believe in the future depth of confidence people But yesterday morning, did not want peace, adding that He said: “It is a Terna Tyopev, could not
of Bayelsa State, and indeed have in my capacity and gunmen suspected to be with the meeting convened by condemnable act; we are be reached on phone for
the future of democracy in competence to deliver on Fulani herdsmen pounced the Peace Building Agency last devoted to peace building confirmation.
Nigeria, that I, Ndutimi Alaibe, my promises no matter the
an aspirant in that race, should political platform.
seek judicial redress over the
manipulated processes that led
“Others have also advised
that I remain in the PDP,
Obi Berates Ngige over Comments on Road
to the unacceptable outcome of
that election. This was based
seek justice and contribute
to the complete reformation
of the party. This, also, is a
Construction Controversy
on the indisputable belief
that a faulty process cannot beautiful suggestion that must David-Chyddy Eleke in Awka in mischief. rather compliments him on percent of the roads Ngige
produce a good and acceptable be considered. The PDP vice presidential his modest achievements on mentioned were done in his
result.” “There is no doubt that the The vice presidential candidate candidate in the last election, roads. local government area.
He described going to court Bayelsa people want to know of the Peoples Democratic Party who spoke through his According to the statement, He said though Obi used
as the obvious best option: the way forward after the huge (PDP) in the last election, Media Adviser, Mr. Valentine “What are most condemnable local contractors in line with his
“Some people have questioned disappoint. I am as concerned Mr. Peter Obi, has asked Obienyem, in a statement made in Ngige’s attacks are the lies policy of supporting his own
the need for a court process. as you have been. Let me say the Minister of Labour and available to journalists, was he tells just to bring Obi down. people, just like he supported
The answer is simple: any that I have diligently listened Employment, Dr. Chris Ngige, reacting to statements allegedly How could he mention roads Innoson and other industrialists
injustice that is not challenged to your suggestions and I have to always put his age into made by Ngige that he was such as Abatete-Nteje-Aguleri- in the state, majority of the
and corrected will surely be decided to act appropriately. consideration in all he does, ashamed of the quality of roads Otuocha Road, Igboukwu- roads Obi did, like the
repeated. And we will be In arriving at this decision describing him (Ngige) as being constructed by his successors. Ezenifite-Umunze and Iseeke Umueze-Anam-Nmiata Road
the victims. As an advocate regarding the way forward, too old for mischief-making. Obi, through Obienyem, Roads, and deliberately forgot was done by RCC; Ayamelum
of peace and non-violence, I I am conscious of the fact that Obi further told Ngige to wondered why Ngige loves that Obi did greater portions and Onitsha Roads done by
decided to accept the advice this is not about any political focus his energy on how to attacking him, who had not, of those roads?” Nigercat; Head bridge-Upper
of the stakeholders and seek party. It is not even about me make Nigeria work rather except during electioneering, Obienyem said it was Iweka Road was done by the
justice through legal means. as an individual.” than continuing to engage attacked him (Ngige), but instructive that over 90 CCC.
TUESDAY SEPTEMBER 24, 2019 • T H I S D AY 37
38 TUESDAY SEPTEMBER 24, 2019 ˾T H I S D AY

NEWSEXTRA

Buhari Mourns Chief Trade Negotiator


Francis Ndubuisi in Abuja Negotiations, Ambassador in Abuja. appointed as the pioneer DG operations of the agency that to the Ministry of Industry, Trade
Chiedu Osakwe. Osakwe passed on in a Swiss of NOTN on June 6, 2017. was established in 2017. and Investment, and Director
President Muhammadu The President’s condolence hospital after a brief illness. The President noted that the Buhari commiserated with all General of NOTN.
Buhari has condoled with the message was communicated A separate statement issued passing of Osakwe had created friends, relations and professional The President affirmed that the
family of Nigeria’s Chief Trade through a statement by his Senior yesterday by the Head, Strategy a gulf in the Nigerian Office associates of the deceased. intellectual depth, fervour and
Negotiator and Director General Special Assistant on Media and and Communications, NOTN, for Trade Negotiations, which He acknowledged that sense of patriotism that Osakwe
of the Nigerian Office for Trade Publicity, Malam Garba Shehu, Emenike Chibuzor said Osakwe he served as pioneer Director Osakwe served the country handled responsibilities would
passed on in the early hours of General. for many years as Foreign be sorely missed, ”especially the
Sunday, September 22 2019, in He said the deceased had Service Officer, before joining frontline and historical role of
Western Ijaw Threatens to Geneva, Switzerland, where he
was receiving treatment.
brought and exhibited invaluable
experience, knowledge and skill
the Word Trade Organisation,
and later accepting to return to
chairing the Negotiating Forum
of the African Union (AU) from
The late Osakwe was in setting up and motivating the the country as a Trade Adviser June 2017 to March 2018.
Fight Back over Denial of
NDDC Headship
Dike Onwuamaeze would be the third time an
Urhobo would be at the helms
The Western Ijaw Consultative of the affairs of the NDDC
Assembly (WICA) has at the expense of the Ijaws
threatened to resist the current in Delta State that had never
injustice being meted out tasted the position.
on the Ijaws in Delta State “We are calling on all well-
by the federal government meaning Ijaws to rise up and
with all the resources within protest against this robbery
its possession, especially loud and injustice. We are aware of
and painful denial of its sons sycophants and traitors in our
and daughters the statutory midst playing selfish anti-ijaw
appointments and opportunities politics on this very important
that were due to them. issue, and we warn them
WICA warned those who to desist. We are calling on
were still in doubt of what President Muhammadu Buhari
the Ijaws could do to recall to correct this injustice as a
that “if the Ijaws of the Niger matter of urgency. Remember,
Delta sneezes, Nigeria shall even thunder warns before
not only catch cold, Nigeria striking,” the assembly said.
will starve.”
The assembly said in a
Gbegha and Zidideke
regretted that the NDDC, SERVICE TO MANKIND… …
press statement signed by which was established to cater L-R: Past President, Rotary Club of Lagos Island, District 9110 Nigeria, Rotary International, Rotarian Sanjeev Tandon; District 9110
the Chairman and Secretary for the oil bearing/impacted Nigeria Governor, Rotary International, Dr. Jide Akeredolu; newly installed Charter President, Rotary Club of Eko Atlantic, Dr. Sunit
of WICA, Mr. Ebipade Gbegha communities of the Niger-Delta Deb Roy; and the Doyen of the past District 9110 Nigeria Governors, Prince Julius Adelusi-Adeluyi, at the installation of Roy as the
and Mr. Ogbein Zidideke and appointments to the board Charter President of the club in Lagos…yesterday
respectively that the injustice, was meant to be carried out
marginalisation and oppression
meted on the Ijaws would no
longer be endured in silence
rotationally to foster fairness,
peace and harmony amongst
the various nationalities of the
FIRS Debunks Allegation of Supporting
and humility so that it would
not amount to stupidity.
The WICA singled out what
region, has become a tool for
victimisation and oppression
the Ijaws in Delta State.
APC with N90bn
it termed the deliberately “From inception, the office James Emejo in Abuja i attempt to smear the image It explained that contrary “It is not plausible nor does
painful exclusion of the of the managing director of of the service and that of to claims by the report, the it make any sense that FIRS
The Federal Inland Revenue Osinbajo.” The alleged media agency had not received up will commit its resources to
Ijaw indigenes in the recent the NDDC, has been occupied
Service (FIRS) has denied reports had been attributed to to N100 billion per annum a phantom campaign of N90
provocative appointment of twice by the Urhobos and one allegations that it supported the former Deputy National as cost of collection from the billion as suggested by Frank,
another Urhobo national as Urhobo has also occupied the the All Progressives Congress Publicity Secretary of the APC, Federation Accounts Allocation adding that FIRS does not fund
Managing Director of the Office of Executive Director, (APC), through Vice President Frank Timi. Committee (FAAC) since its political associations.”
Niger Delta Development whereas their Delta Ijaw Yemi Osinbajo with the sum However, in a statement current Executive Chairman, The statement added that
Commission (NDDC), Mr. brethren has never been of N90 billion for elections. made available to THISDAY, Mr. Tunde Fowler assumed it was therefore “unthinkable,
Bernard Okumagba instead of considered for the MD position. Responding to reports the FIRS said:” this campaign office in the last four years. malicious and irresponsible for
an Ijaw person as the height of “Now, time and the principle published by some online of calumny and vilifying false The agency further explained the said Frank to insinuate or
the oppression of the Ijaws by of rotation as enshrined in the platforms and daily newspapers claims are entirely, libellous, that it was from the remittances infer that N90 billion or any
the administration of President NDDC’s Establishment Act, (Not THISDAY), which had unfounded in fact, irresponsible from FAAC—which had never part thereof could be spent
Muhammadu Buhari. has offered the good people of suggested that the Osinbajo and a brazen assault on the grossed up to N100 billion per illegally and without budgetary
The assembly stated that the Delta State the opportunity to had been in trouble following integrity of the service as a annum, that FIRS pays the approval.”
appointment of Okumagba produce at least another MD. the controversy which had responsible and accountable salary and emoluments and The revenue agency,
trailed the election funds, organisation and demonstrates trains its over 8,000 staff, runs therefore urged the public
the FIRS described the reports an abysmal ignorance of the over 150 offices and provides to disregard the allegation
Oil Pipelines Threaten Completion as “mendacious, wicked,
malicious and a calculated
budgetary and expenditure
process of the FIRS”.
for other needs of the service.
As a result, it argued that
as it did not reflect the
truth.
of Lagos-Ibadan Rail Project
Kasim Sumaina in Abuja “From Iju to Apapa, there is the
problem of urbanisation. This has
Wike Lifts Suspension on Employment at Rivers University
The federal government’s plan to be dealt with,” Amaechi said. Ernest Chinwo in Port compelled to suspend the Wike said unlike other Chancellor make the design
to meet the December deadline According to the minister, flour Harcourt exercise because of the negative leaders, he has never interfered available on time, the building
for the completion of the Ibadan- mills will not be a problem. issues that bedevilled it. with the admission and would be completed by the first
Lagos standard gauge railway “We will talk with them; pay Rivers State Governor, The governor said: “I employment processes of any anniversary of his second term.
project may be frustrated by the them compensation and demolish Nyesom Wike, has directed suspended the process for the institution in the state. He said He called on the Students’
hurdles of relocation of crude the portion we need. the Governing Council of employment exercise due to his transparent approach to Union leadership to use the
oil pipelines, water pipes, and “But there is a pipe they have the Rivers State University to the issues that emanated from administration gives him the new facility to fight against
electricity equipment along the which is very dangerous, it comes continue with the suspended it. The committee that I set up moral power to discipline any cultism, harassment of female
tracks at the Apapa seaports. from Escravos and the moment employment exercise for to investigate the process has erring official. students and examination
The Minister of Transportation, you shut that pipe, there will be academic and non-academic turned in its report, and I am Also, the governor has malpractices.
Mr. Chibuike Amaechi, gave the fuel scarcity. staff. satisfied with the report of the approved the construction Wike urged the acting
hint yesterday while briefing the “We can’t afford fuel scarcity; so, While inaugurating the committee. Therefore, I have of an ultra-modern Senate Vice-Chancellor to be firm
journalists yesterday shortly after we can’t afford to shut it down. University Students’ Union informed the pro-Chancellor to Building for the Rivers State and ensure that the university
inspecting level of work of the Of concern to the contractor is building yesterday at the school go ahead with the employment University. He said if the pro- continues to move forward
ongoing project at Ibadan, Oyo the relocation of the Flour Mill premises, Wike said he was exercise.” Chancellor and the acting Vice academically.
State capital. Factory constructed on the existing
Though the laying of the
tracks from the Agbado-Ibadan
may have been completed,
narrow gauge track.”
Speaking further, he decried
the slow pace of work by the
Sowore Alleges Maltreatment by DSS
the contractors- China Civil contractor, CCECC, adding that the The co-convener of (AAC), the political party According to the transcript, truthful to the best of your
Engineering Construction company has not done too well. #RevolutionNow protest, on whose platform Sowore Sowore was interrogated by knowledge. We’ll not force
Company (CCECC) are still “I used the phrase too well Mr. Omoyele Sowore, who contested the presidential five DSS operatives in the you to say anything. Whatever
finding it difficult to relocate the because at a time, they did us has been in the detention race in this year’s general presence of his lawyer, one question we ask and you have
pipelines obstructing the rail tracks. proud by trying to push this job. of the Department of State elections, Inibehe Effiong “Barrister Sam.” a problem with or you don’t
Amaechi disclosed that the They claim that at the end of the Services (DSS) since August shared the “Transcript from DSS operative identified as have an answer to or you don’t
issues of water pipes, gas, and last government, we were owing 3, 2019, has accused the DSS DSS Interrogation of Sowore Usman Usman, was said to want to answer, there is no
fuel pipelines were major challenge them some money and we had of maltreating him. Upon Abduction – Excerpt have told Sowore that, “we’ll compulsion, you simply tell
but, that of the bridges have been not given approvals for the extra The National Legal Adviser 1,” on his Facebook page be asking you questions and us you’re not going to answer
settled. and additional jobs.” of African Action Congress yesterday. our advice is for you to be these questions.”
˜ͺͼ˜ͺ͸͹΁˾T H I S D AY 39

TUESDAYSPORTS
Group Sports Editor Duro Ikhazuagbe
Email duro.ikhazuagbe@thisdaylive.com
0811 181 3083 SMS ONLY

Messi Wins Record Sixth FIFA Best Player Award


Argentina and Barcelona all six league matches at the Marc-Andre ter Stegen. during their 1-1 draw in spectacular 93rd-minute His strike beat Messi’s chip
forward, Lionel Messi, won start of 2019-20. Leeds boss Marcelo Bielsa their Championship match overhead kick for Debrecen from the edge of the penalty
Men’s Player of the Year at “It is great, nobody expected won the Fair Play award in April. against Ferencvaros, just after area against Real Betis and
the Best FIFA Football Awards this 20, 10, five, four years after he ordered his team Eighteen-year-old Daniel he came on as a substitute for Juan Quintero’s powerful
for a record sixth time last ago that I would be standing to allow Aston Villa to score Zsori won the Puskas award his Hungarian league debut 30-yard free-kick for River
night in Milan. here,” said Klopp. an uncontested equaliser for the best goal with his in February. Plate against Racing Club.
USA’s 2019 Women’s World “We know what an
Cup star, Megan Rapinoe incredible job you (Mauricio
emerged winner of the Best Pochettino) did and what
Woman award. Pep did. I have to say thank
Messi was voted ahead of you to my outstanding club
Juventus’ Cristiano Ronaldo Liverpool FC.
and Liverpool’s Virgil van “To the owners thank you,
Dijk. they gave me an incredible
The 32-year-old Argentine team. I have to thank my
who helped Barcelona win La team - as a coach you can
Liga and reach the semi-finals only be as good as your team
of the Champions League, is. I’m really proud of being
previously won the award manager of such an incredible
in 2009, 2010, 2011, 2012 and bunch of players.”
2015 In accepting the award,
Liverpool Manager Jurgen Klopp announced that he
Klopp won the men’s Coach is joining the Common Goal
of the Year. initiative set up by Manchester
Klopp was nominated United midfielder Juan Mata.
for the award along with It means the Reds boss will
two other Premier League donate 1% of his salary to
bosses - Manchester City’s Pep the charity, which pledges to
Guardiola and Tottenham’s “generate social change and
Mauricio Pochettino. improve lives”.
Liverpool beat Spurs in the Liverpool goalkeeper
Champions League final in Alisson was also a winner
June and came second in the as he took the Best Goalkeeper
Premier League in 2018-19. prize ahead of Manchester
The Reds have also won City’s Ederson and Barcelona’s
THE BEST, IN FULL Lionel Messi (left) and Megan Rapinoe displaying their awards at the FIFA Best awards in Milan’s Teatro alla Scala, Italy…
Men’s Player: Lionel Messi last night
Women’s Player: Megan Rapinoe
Men’s Coach: Jurgen Klopp
Women’s Coach:
Men’s Goalkeeper:
Jill Elliss
Alisson
Amuneke Warns Rohr on Tammy Abraham, Fikayo Tomori
Women’s Goalkeeper:
Puskás Award:
Sari van Veenendaal
Daniel Zsori
England, Canada wait in the shades to cap them at senior level
Fan Award: Silvia Grecco Duro Ikhazuagbe in competitive tournaments in continue to focus their attention against Brazil when he has not
line with FIFA rules. on Chelsea forward, Tammy made up his mind won’t be
Fair Play Award: Marcelo Bielsa As Nigerians are clamouring But Amuneke who led Abraham. the best choice at the moment.
for invitations to be extended to Tanzania to the last AFCON “Yes, Abraham has shown “Besides, Victor Osimhen has
Men’s World11: Alisson; Matthijs de Ligt, Marcelo, Sergio Chelsea stars, Tammy Abraham 2019 in Egypt before he was that he’s a quality striker going been impressive for his club,
Ramos, Virgil van Dijk; Frenkie de Jong, Eden Hazard, Luka and Fikayo Tomori, former relieved of the job due to the by the number of goals he has Lille in the Ligue 1, scoring
Modric; Cristiano Ronaldo, Kylian Mbappe, Lionel Messi Super Eagles and Barcelona inability of the Taifa Stars to go scored for Chelsea this ongoing goals at will. He should be
winger, Emmanuel Amuneke beyond the group stage, insisted season. However, trying to lure encouraged and not be
Women’s World11: Sari van Veenendaal; Lucy Bronze, Nilla has called for caution, insisting that trying to lure Abraham to him to play for the Super Eagles distracted.
Fischer, Kelley O’Hara, Wendie Renard; Julie Ertz, Amandine that Abraham in particular play for Nigeria in the Brazil
Henry, Rose Lavelle; Marta, Alex Morgan, Megan Rapinoe should be critically examined friendly in Singapore next
in view of options available to month appears hasty.
CHAN 2020 the national handlers. The AFCON 1994 winner
Abraham has been the major /Atlanta ’96 Olympic gold
We are Sorry over the Loss talking point of the new English
Premier League season since his
medalist told Soccernet.ng
Coach Gernot Rohr to focus
to Togo, Home-based Eagles impressive goal-scoring form for
Chelsea, where he has netted
on building the confidence of
other strikers such as Victor
seven goals in six games. Osimhen and Henry Onyekuru
Beg Nigerians Although both Abraham before extending an invitation
and Tomori have played age to Abraham.
Home-based Eagles have team we apologise for what grade competitions for England “At this point in time, it
apologised to Nigerians for has happened. What we are and Canada respectively, the will be a distraction for the
the poor result they posted saying to you and Nigerians is are both qualified to play for team if the Nigeria Football
against Togo on Sunday in an that we are sorry and that we any country of their choice since Federation and the Super Eagles
African Nations Championship would make it up by securing Technical Adviser, Gernot Rohr Tammy Abraham Fikayo Tomori
none of them have been capped
(CHAN) qualifying match. The the ticket. Kindly exercise some
players led by goalkeeper patience with us.
Ikechukwu Ezenwa apologised “What we are saying in one Sports Minister Tasks NBBF Board Members on More Laurels
to Nigerians for the shameful sentence is that we will qualify;
outing and promised to repay it is not over yet.” The Minister of Youth and Minister to get all federations qualifiers were discussed at over the qualification of the
the Sparrow Hawks in bigger The Ambassador who had Sports Development, Mr. Sunday on the same page ahead of the the meeting. D’Tigers for the Olympics and
coins in the second leg and promised the team dinner in his Dare, met with the Executive 2020 Tokyo Olympic Games.” “There were also discussions pledged the ministry’s support
claim the Cameroon 2020 ticket. residence kept to his promise Board of the Nigeria Basketball Preparations for the Tokyo on NBBF’s financial situation towards NBBF’s preparation for
Sparrow Hawks of Togo in spite of the result at Stade Federation led by Musa Kida 2020 Olympics and training with a view to exploring new the games.
thrashed the Eagles 4-1 in de Kegue. in Abuja on Monday. plan for the male basketball funding options as well as a According to Dare, “Nigerians
a first leg, second round “We are all pained but I The meeting, according to team D’Tigers, who have report submitted by NBBF in are now beginning to take note
qualifying match of the 2020 understand how it works in the spokesman for the NBBF secured a ticket and the response to a request by the of the excellent performance of
CHAN despite the Nigeria sports; sometimes you win and Board, Afolabi Oni, “is part women’s team D’Tigress, ministry,” stressed Oni. the various basketball teams and
being the first on the scoresheet sometimes you lose. I ask that of the ongoing drive by the with three more games in the Dare expressed excitement are eager for more.”
after only eight minutes. you put this result behind you
Addressing a disappointed
Nigerian Ambassador to Togo,
and work towards the ultimate
goal of qualifying. The only CBN FC Beats Unity Bank FC 1-0 to Win 2019 AFIFC
Joseph Olusola Iji after the way to make all Nigerians The Central Bank of Nigeria Speaking at the event, which of the Bank and Head of the interaction among financial
match, Ezenwa said what had happy again and give back our Football Club has won the was graced by former Super Public Relations Division, Mrs. institutions and regulators
happened on Sunday evening voice to us in this country is 2019 All Financial Institutions Eagles star, Victor Ikpeba, the Veronica Aqua, noted that the as well as facilitated the
had gone to the past as the that you beat them well when Football Club (AFIFC) CBN Governor, Mr. Godwin bank remained committed to promotion of harmony in
team would redeem itself in they visit Nigeria. And I am competition after defeating Emefiele, commended all the contributing to the promotion Nigeria’s financial system.
the final leg of the fixture on sure that you can achieve that.” Unity Bank Football Club teams that participated in the and development of football While congratulating
October 19. The leader of delegation, by a lone goal at the game competition, and stressed that in the country, in addition to the winners of this year’s
“Sir, we have been truly NFF Board Member Alhaji
honoured by your fatherly Ganiyu Majekodunmi said: played at the Pa Ngele Oruta the tournament was one of the its contributions in golf and competition, the CBN Governor
care for us since we arrived “Your Excellency, I can tell Stadium, formerly known as Bank’s foremost and oldest tennis. assured all stakeholders that
in this country. The Embassy you that this is far from the Abakaliki Township Stadium. Corporate Social Responsibility He noted that the AFIFC the apex bank would sustain
has ensured everything worked expectation of the Federation. The only goal of the (CSR) functions. had become a very significant its sponsorship of the event,
for our comfort here. We But these young ones have pulsating match was scored Mr. Emefiele, whose remarks tournament among financial even as he urged financial
are pained that we could truly shown remorse. They by Lazarus Ijale, via a spot were delivered by the Deputy institutions in Nigeria, institutions to continue
not reciprocate with a good were so dejected to leave their kick in the 63rd minute of Director in the Corporate particularly as it created to uphold the spirit of
result from this match. As a hotel again. the game. Communications Department an opportunity for social sportsmanship.
TR N
UT H
Tuesday September 24, 2019 & RE A S O Price: N250
MISSILE
Catholic Bishops to FG
“We observe that our democracy is derailing from what it should be. The qualities
of accountability, transparency, independence of the judiciary, respect for
fundamental rights, observance of the rule of law, and fair and credible electoral
process, to mention only these, are still lacking”
– Catholic Bishops Conference of Nigeria declaring that living in Nigeria has become
precarious and that the country’s democracy is derailing.

TUESDAY WITH REUBENABATI


abati1990@gmail.com

Presidential Powers and the VP


P
resident Muhammadu Buhari recently medical treatment, there were persons within subject as aforesaid and to the provisions of
set up an Economic Advisory Council, and outside the Presidency who insisted that any law made by the National Assembly, be
to replace the country’s Economic VP Jonathan would not be allowed to act as exercised by him either directly or through the
Management Team. He also moved President. It took the intervention of men and Vice-President and Ministers of the Government
some departments and agencies of women of reason and the National Assembly for of the Federation or officers in the public service
government to the new Ministry of Humanitarian the letter and spirit of the Constitution to take of the Federation”
Affairs, Disaster Management and Social effect. When VP Jonathan became President, he In other words, the Vice President exercises
Development. I don’t see why this should chose Arc. Namadi Sambo, then Governor of executive powers only as delegated by the
become a source of agitation and frustration Kaduna State, as his Vice President. Arc Sambo President. The manner and extent to which
for some Nigerians. The Economic Advisory and President Jonathan had a good, rancor-free he does so is at the entire discretion of the
Council is chaired by Professor Doyin Salami, a working relationship, but that does not rule President as provided in Section 148 (1): “The
seasoned intellectual. The members are persons out the fact that certain mischief-makers tried President, may in his discretion, assign to the
of great technocratic ability with a track record to come between them. Vice President or any Minister of the Government
of achievement as economists and policy wonks. My view is that Professor Yemi Osinbajo of the Federation responsibility for any business
The Council will meet every month and meet would rank as one of the most influential and of the Government of the Federation, including
with the President every quarter. The Nigerian visible Vice Presidents that Nigeria has had the administration of any department of
economy can certainly benefit from new ideas since the return to civilian rule in 1999. With the government.” The operative phrase here is “may
and perspectives. It is also refreshing to see the possible exception of Atiku Abubakar between in his discretion”. And for the benefit of those
President put together a team that is not made up 1999 and 2003, he has been able to engage the wondering whether the President acted rightly
of party members, dead woods, or sycophants.
Buhari
public and connect with the people in a manner by setting up an Economic Advisory Council,
Each member of the Economic Advisory Council Yemi Osinbajo’s official attributes amounts to no other Vice President before him, did. This Section 151 of the Constitution refers - to wit:
inspires confidence. There is a consensus that …continuous humiliation of Christians in high probably explains why there has been so much “The President may appoint any person as a
the President got it right with the list. What positions of current administration of President concern about his place in the Presidency, and Special Adviser to assist him in the performance
the Advisory Council needs is the President’s Muhammadu Buhari.” There you go. Nigerians his relationship with his principal. It also explains of his functions.”
support and an enabling environment for it are always quick to play the ethnic and religious why he may attract envy and criticism. I like the This, to the best of my knowledge, is the
to be able to make a difference. How do we card. Some other commentators claim that they fact that he has been very calm and dignified in position of the Constitution on how the Vice
achieve double-digit economic growth? What see the hands of an anti-Osinbajo cabal in the the face of it all. He has refrained from making President stands in relation to Presidential powers.
are the fiscal and monetary policies that can matter. At least one Pastor has prophesied any statement that may convey the impression In the eyes of the Constitution, the buck stops
position the Nigerian economy differently, for that the cabal will fail. Others have argued that he also believes the narrative that some at the President’s desk. His government fails
better performance? What do we need to do to that certain forces are determined to stop Vice persons, wielding long knives, are out for him. or succeeds strictly on the basis of the choices
reduce unemployment? What kind of injection President Osinbajo just in case he is nursing a He has not shown any desperation in the face that he makes. He is not first among equals.
does the real sector need? The Council can 2023 Presidential ambition. Persons have been of speculations that he may be removed, nor He is the boss. The Vice President is at best his
also help generate robust discussions within named who have been penciled down as the has he responded to any suggestion that he is number one aide and adviser. The circumstances,
government on key issues that affect all of us. VP’s likely replacement. The various conspiracy under pressure to resign. His media team has however, under which the Vice President can
It is also a good development that the President theories seem suspicious. not over-reacted. I commend him for his tact, replace him or act on his behalf are properly
is personally taking charge of the economy. The Of course, I know that there is never a shortage and for staying above the fray. spelt out in the same Constitution. It is not for
Council will report to him directly. I don’t have of mischief-makers in the corridors of power. However, one person who is convinced that nothing that the Presidential Election Petition
a problem with that. The relationship between Presidents and Vice the Vice President’s office is truly under siege Tribunal in a ruling on the 2019 Presidential
I also like the idea of a new Ministry of Presidents and between Governors and their told me the other day that Professor Osinbajo election recently declared that the Vice President
Humanitarian Affairs, Disaster Management Deputies has also always been quite tricky in should go to court. Why would he allow the is an ‘appendage.”
and Social Development. Such a sharply-focused Nigerian politics. Should the President become President to take away his powers over the When I canvass this view, I am told that I
Ministry should serve as a strategic hub for the incapacitated or he is removed from office, the management of the economy, including bodies of don’t understand the politics that is currently
management of the many disasters that keep Vice President replaces him. He is thus just a which he is statutorily the Chairman? I laughed. going on in the Villa. My suspicion is that the
occurring across the country. The missing link in step away from the office. Deputy Governors I told the person that the Vice President will people who are playing politics are the people
existing efforts is the lack of co-ordination and stand in the same regard to the Governors in do no such thing. He has no special powers latching on to the announcement of an Economic
synergy among various agencies and between the states. With the kind of politics that we of his own except powers delegated to him by Advisory Council or the revelation that the Vice
the states and the Federal government. This play, Governors and their supporters always the President, and even that is entirely at the President must take directives from the President
ministry could help send a signal that the keep an eye on the Deputy Governor. If he discretion of the President. It is not impossible (which is not a problem by the way), to project
Nigerian government now intends to place a shows any sign of disloyalty or ambition, all that many of the persons who are protesting their own fears onto the national screen- namely
higher premium on human lives. It is about the hawks within the system will go after him that the Vice President is being marginalized their ethnic interests, religious sentiments and
time the country took disaster management and and ensure that he is removed, marginalised are also under the illusion that there is a power personal interests. They do so in rather hyperbolic
humanitarian care more seriously. or humiliated. Presidential politics is worse. sharing arrangement between the President and terms. Just as there are persons threatening to
I expected many Nigerians to focus on the The Presidency is clearly the highest office in the Vice President of Nigeria. No. There is no march on the Villa “to defend our VP”, there
value of these two initiatives. Instead, what I the land, it is the home of even more vicious such thing. Even the VP’s Chairmanship of the are those who are seizing the moment to launch
hear is a disturbing conversation about how both intrigues. And indeed we have had cases in the National Economic Council, under Section 18 personal attacks on the Vice President.
amount to an “enemy action” to whittle down past of conflicts within the Presidency, between of the Third Schedule is at the pleasure of the Those who claim to be defending him may
the influence and authority of the Vice President, the President and the Vice President. Many will President; in any case, the Economic Council, be expressing their admiration of him – it is
Professor Yemi Osinbajo. Previously, the Vice recall how the relationship between President like the Economic Advisory Council, and many clear he has a followership and a constituency
President was the chairman of the Economic Olusegun Obasanjo and then Vice President such bodies is merely an advisory body. There behind him - but they should be careful not to
Management Team and the National Economic Atiku Abubakar deteriorated rapidly after the is only one President of the Federation. He damage his politics and his relationship with
Council. The first is an ad hoc administrative 2003 Presidential election. The Presidential Villa is granted so many powers under the 1999 his principal. There is definitely also a lesson
structure focusing on the economy; the latter is practically became a war zone. All kinds of Constitution, the Nigerian President is almost here for the President and the Presidency.
a statutory, constitutional body. I do not share opportunists cashed in on this and there was a constitutional monarch. He is the country’s Perception is everything. Given Nigeria’s politics
most of the views that have been expressed, never a shortage of salacious tales emanating chief economic manager. He is the “head of of suspicion, even the most innocent of gestures
or the obvious attempt to politicize what in from the Villa, from faceless persons casually State, the Chief Executive of the Federation could create wicked problems; hence, government
reality is within the authority of the President. referred to as “sources within the Presidency.” and Commander-in-Chief of the Federation” must always think ahead and communicate
Afenifere says for example, that the “office of Those “sources” are at work again. But we all (Section 130(2). Whereas in defining the powers with greater clarity. Flip side: it is definitely
the Vice President has been rendered useless, need to learn from the past. A divided Presidency of the Federal Government, the Constitution clear that Professor Yemi Osinbajo’s followers
impotent and irrelevant.” How? Just because the short-changes the people. Many will also recall the vests legislative (Section 4) and judicial powers want him to be given more responsibilities,
President sets up an Economic Advisory Council travails of President Goodluck Jonathan as Vice (section 6) in institutions and not individuals, not a demotion. They don’t want him to be
and created a new Ministry to ensure greater President to President Umaru Musa Yar’Adua. Executive Powers (section 5) are vested in the used and dumped, no matter what. Off the
service delivery in a critical area of national There was a deliberate attempt to frustrate him person of the President. It is as follows: books, beyond legalese: address this perception
concern? The Movement for the Actualization by those who did not want him as a successor “5(1): Subject to the provisions of this problem. Above all, something must be done
of Sovereign State of Biafra (MASSOB) says Vice to the late President whose tenure was defined Constitution, the executive powers of the about those so-called “reliable sources” in the
President Yemi Osinbajo is being “maltreated” majorly by the politics of illness and death. Federation – Presidency. I never liked them. They only make
and “that the unconstitutional stripping of Prof. When President Yar’Adua left the country for (a) shall be vested in the President and may, things difficult for everyone.
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