The Nation Newspaper

Author: The Nation

  • ​Election ​​petitions: Is ​​180 days enough?

    ​Election ​​petitions: Is ​​180 days enough?

    To tackle the problem of prolonged post- election litigation, the 1999 Constitution was amended to stipulate a maximum of 180 days for the determination of election petitions and 60 days for appeals, Opinion is divided on whether the time limitation is adequate. ROBERT EGBE examines the pros and cons.​​

    Ahead of the May 29 swearing-in date, no fewer than five political parties are challenging the victory of President-elect Bola Ahmed Tinubu of the All Progressive Congress (APC) at the February 25 presidential election.

    Hundreds of others across various parties are also contesting their losses in the general elections at the gubernatorial, national assembly and state assembly levels.

    Even more petitions are expected following the April 15 supplementary elections in more than 20 states, in view of the provisions of the Electoral Act, 2022.

    In the last five general elections in the country, no fewer than 3,959 petitions were filed by candidates and/or political parties, challenging the outcomes of the elections, according to a 2022 research by Dataphyte, a media, research, and data analytics organisation.

    Section 285(6): Matters arising

    Part of the laws that the tribunals will rely on in conducting their affairs is Section 285 of the 1999 Constitution (as amended), particularly concerning the time frame within which to commence and conclude post-election matters both at trial courts/tribunals and on appeal.

    Notwithstanding the legislators’ good intentions, the amendments, particularly Section 285(6) has long given stakeholders cause for concern.  

    Interest in the matter has now been awakened in light of the ongoing hearing of petitions at election tribunals, following the conclusion of the general elections.

    The section provides that: “An election tribunal shall deliver its judgment in writing within 180 days from the date of the filing of the petition.”

    In particular, Section 285(5) to (7) provide that: “An election petition shall be filed within 21 days after the date of the declaration of result of the elections; 

    “An election tribunal shall deliver its judgment in writing within 180 days from the date of the filing of the petition; 

    “An appeal from a decision of an election tribunal or Court of Appeal in an election matter shall be heard and disposed of within 60 days from the date of the delivery of the judgment of the tribunal or Court of Appeal.”

    Section 132 (7) & (8) ofthe Electoral Act also allow for petitions to be filed within 21 days after the declaration of results. The respondents have 21 days to respond, while the court has 180 days to decide.

    The amendments, including others in the Electoral Act, were intended to cure the problems of the excessively long time it took to determine a petition. 

    For instance, the 2006 gubernatorial case of Dr. Chris Ngige v. Peter Obi, took 35 months out of a mandate of four years before a final determination.

    Courts’ view of Section 285(6)

    The Supreme Court has long affirmed the non-negotiability of Section 285(6) in several cases.

    For instance, the court pronounced on the issue of computation of time in election and pre-election matters and set a precedent in the 2019 case of Bello Vs. Yusuf, where it was held, among others, that: “In the computation of time in an electoral action, including pre-election matters, in the light of the Constitutional alteration referred to as 4th Alteration and as highlighted under Section 141 of the Electoral Act, the computation includes the very date on which the results were declared.”

    Consequences of rigid 180 days interpretation

    Three lawyers, Paul Bobai, Ugochukwu Kanu and Nkemjika Onyewuchi, pointed out the problems with the rigid interpretation of the 180 days provision with regard to justice in an election petition.

    In their article, “The determination of election petitions within 180 days in Nigeria: the issue in contention”, they noted that a mischievous respondent counsel could capitalise on the rigidity of the time frame and occasion delays to delay the determination of a petition. 

    They also observed that there could also be unforeseen circumstances such as sickness, strike, or an act of God that could prevent the court from sitting. 

    They added that where the 180-day rule is not managed properly and a ‘reasonable time’ is not given to parties to present their cases, the principle of fair hearing could be trampled on and the essence of recourse to the tribunal/court would be defeated. 

    The scholars referenced the case of the Oyo State Governorship Election Petition between Governor Seyi Makinde of the People Democratic Party (PDP) and Mr. Adebayo Adelabu of the All Progressive Congress (APC) as a classic example in this regard. 

    In that case, the Court of Appeal sitting in Ibadan, the Oyo State capital, on November 11, 2019 upheld the appeal filed by Adelabu against Makinde’s victory at the Governorship Election Tribunal. 

    The appellate court set aside the tribunal’s judgment that upheld Makinde’s election. It held that Adelabu was not given a fair hearing. 

    However, the Electoral Act as amended only gives 180 days for a petition to be determined at the tribunal and the tribunal had exhausted its time; therefore the case could not be sent back to it for review or retrial. 

    The Court of Appeal ordered that the status quo before the tribunal’s judgment should remain, by implication the declaration of Mr. Makinde as the Governor of Oyo State remained.

    How tribunal registries have been coping

    Notwithstanding the huge number of petitions before them, it appears the tribunals have been plodding on, according to Abuja-based lawyer, Abdulhameed M. Aliyu.

    Aliyu said: “The registries of election petition tribunals in Nigeria through the Secretaries and other support staff have been on top of their job in the sense that filing of processes in election matters are done round the clock from Monday to Sunday all in a bid to accommodate litigants within the stipulated time frame.”

    Nevertheless, the lawyer faulted the 21 days and 180-day rule for not taking into cognizance public holidays and weekends.

    He said: “Where Section 285(5) of the 1999 Constitution prescribed 21 days after the date of declaration of results, within which to file an election petition, it must be 21 days and not thereafter, even if the 21st day (which is the last day) fell on a Sunday or on a Public holiday, it is immaterial! It is either you file or you are shut out; and if you file after the prescribed time, it goes to the competence or otherwise of the petition, and will be liable to be struck out.”

    He noted that Judges normally don’t sit on Saturdays, Sundays, or public holidays and argued that deducting Sundays from a litigant’s 180 days will affect the number of activities that could be lawfully achieved in the process of determining election matters and appeals.

    Aliyu said: “Obviously, these public holidays can best be referred to as intervening events or force majeure that ought to be excused and excluded with no effect whatsoever in the computation of timing for a litigant in a pre-election or election matter.”

    How to solve the problem

    Aliyu proposed several solutions: In his view, “it is only logical that the computation of the 180 or 60 days for the hearing and determination of election and pre-election matters and their appeals should only consist of Mondays to Saturdays to the exclusion of Sundays and public holidays as expressly provided in Section 15 of the Interpretation Act.

    “Without necessarily passing through the process of Constitutional Amendments, these changes can be effectively pronounced upon via deviating decisions of the Apex Court of the land and it automatically becomes the law and shall be followed as the new judicial precedence on the issue.”

    Bobai, Kanu and Onyewuchi also made several recommendations.

    They suggested that a proviso to sections 285(6) and 285(7) of the 1999 Constitution could be created to read that where in the determination of election petitions and appeals the sitting of the court is disrupted by industrial actions, judges’ vacation, and unforeseen circumstances such days should be excluded from the 180 days. 

    The other suggestions are that: “The 180-day time frame provided in section 285(6) should be interpreted to read only for trials, not de novo trials. Considering the snail pace of the litigation process in Nigeria, the possibility of determining a petition, appeal from it and another retrial within 180 days from the time of filing the petition is very slim. Retrials ought therefore to be excluded from the 180 days.

    “The system adopted by Kenya, Ghana, Uganda, Zambia and some other foreign jurisdictions in the determination of election petitions where presidential election petitions are determined directly by the Supreme Court could be adopted. For presidential election petitions, the Constitution can be amended to vest original jurisdiction on the Supreme Court and to be determined by a panel of seven Justices within 180 days.

    “In view of the enormous responsibility on Justices of the Supreme Court and Court of Appeal, the Constitution should be amended to increase the number of justices for each of the courts in order not to overburden the present Justices and create room for speedy determination of electoral matters and adjudication of cases generally.”

    Agbakoba: 180 days more than enough before May 29

    However, a former president of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba (SAN) had a different view.

    Agbakoba believes there are ways election tribunals can conclude their businesses within 180 days without occasioning injustice. 

    He said the fact that the Constitution prescribed a time frame of about 180 days, doesn’t mean that it must run its course.

    Agbakoba stressed the need for all the petitions to get an accelerated hearing, adding that seven days were a good time frame to get everything sorted.

    “Ghana finishes its election petition in 30 days, so why can’t we do the same? My first recommendation will be to ask if the issues presented to the tribunals are amendable to quick resolution?” Agbakoba said in a recent statement.

    He urged the presidential election petition tribunal to conclude all petitions emanating from the February 25 presidential elections before the inauguration of the president-elect on May 29th.

    ”I’m concerned that the polity is overheated and the way to go is to see if we can get the petition resolved before May 29th. The elections held in February, that’s about four months, what is the difficulty in resolving these cases before the handover?” he said.

    Agbakoba urged the judiciary and lawyers in the tribunal to see if the goal could be accomplished, noting that, “the problem is our judicial philosophy and having to run a judicial system that is a hundred years old.”

    One obstacle to this, Agbakoba said, would be the Independent Electoral Commission32 (INEC)’s role as a respondent in the petitions.

    In his view, the electoral body ought not to be a party in the matter because, it would be forced to defend the winners it declared, by possibly underhand means.

    Agbakoba said: “Right now, INEC is a party, it is hiding documents, because it has an interest to say the elections were conducted properly. I hope that the lesson from all these is that the 10th assembly will inaugurate all the legislative recommendations we made in 2007. It is time to demystify elections petitions which are not difficult at all,” reiterating that seven days was enough time to go through the court of appeal at first instance and the Supreme Court.”

    Lessons from Kenya

    As noted by Agbakoba and others, the Kenyan electoral system is fast-tracked such that all petitions would have been concluded before the winner of the presidential election is sworn in.

    This is because the petitions are heard directly by the country’s apex court without an appeal.

    In Kenya, election petitions are determined within 14 days after the filing of the petition, under Article 140(2) of the 2010 Constitution of Kenya.

    It states that “within fourteen days after the filing of a petition, the Supreme Court shall hear and determine the petition and its decision shall be final”.

    Section 140 (1) of the Kenyan Constitution also provides that “a person may file a petition in the Supreme Court to challenge the election of the president-elect within seven days after the date of the declaration of the results of the presidential election”.

    Kenya held its general elections on August 9, 2022. The election results were announced on August 15, 2022, and William Ruto was declared the winner.

    Raila Odinga had seven days from the day after the election results were declared, and he filed his petition on August 22, 2022.

    He lost and Ruto’s victory was upheld.

  • Israel to raise global healthcare startups

    Israel to raise global healthcare startups

    Rise With Us, a unique programme that helps entrepreneurs and startups based in Israel, has entered the American healthcare market.

     Start-Up Nation Central, a non-profit that promotes Israeli innovation worldwide, is creating opportunity for companies  to connect with multinationals and relevant business opportunities abroad.

    Chief Executive Assuta, Gidi Leshetz, said: “Assuta strives for excellent, professional, and humane medical care, and is a pioneer in implementation of advanced medical technologies. By developing our ties with industry and academia, as reflected in Rise With Us programme, we generate true value and assist our teams in providing top quality and innovative medical service for our patients.”

    Head of Rise With Us, Assuta’s innovation arm, Dr. Michal Gindi: “Assuta sees great importance in collaborations with entrepreneurs and startups developing technological solutions that improve patient care and advance medical innovation. Assuta aims to assist them with adapting their technological developments to global market needs. Start-Up Nation Central’s partnership strengthens the program’s abilities and opens extensive international opportunities for participating companies.”

    Start-Up Nation Central Chief Executive,  Avi Hasson, noted: “This partnership is part of our ongoing effort to develop health technologies in Israel, with an emphasis on international connections and exposure to strategic business opportunities.”

  • Push for investment in coconut products

    Push for investment in coconut products

    Rotary Club International District 9110 has been involved in various programmes to support Nigerians to venture into entrepreneurship. It has supported women’s entrepreneurship with financial literacy, small business loans, and one-on-one advisors.

    This time, it is helping farmers and residents to plant hybrid coconut seeds that will bear fruit quicker and double yields. The aim is to help the nation retain its position as a leading producer of coconut in Africa.

    For the Rotary Club of Eko Atlantic, empowerment through coconut farming, would contribute to a nation’s growth and economic health.   To this end, the club, in partnership with Lagos State Coconut Development Authority (LASCODA), has been distributing seedlings to eight coastal communities in Lagos, to boost productivity, increase diversification and income equality, and support economic resilience. 

    During an event at the Lagos Free Zone, the President, Rotary Club of Eko Atlantic, Gboyega Bada, stressed the importance of growing coconut and the potential of grooming micro-entrepreneurs.

    This, he believes, would help lift them and their families out of poverty. Bada  expressed the club’s support to the government’s move to boost the coconut industry. 

    He said the club would encourage people to plant coconuts through seed assistance.

    As part of its plan, the Lagos Commissioner for Agriculture, Ms Abisola Olusanya, represented by the Senior Special Assistant to Mr. Governor of Agriculture, Mr. Gbolabo Olaniwun, said the government was helping farmers plant coconut seeds to speed up fruit formation and double yields.

    On behalf of the communities, Mr Tunde Olooto thanked the state and the club for the coconut seedlings.  

  • Boosting jobs, opportunities in poultry sector

    Boosting jobs, opportunities in poultry sector

    The high demand for chicken, meat and eggs drive the poultry business. But there has been a glut due to low purchasing power. The Lagos State Government and the private sector are supporting the industry to retain jobs and enhance profitability. DANIEL ESSIET reports.

    Poultry business is gaining popularity in Lagos and across the country.

    Managing Director, Taofeeq Adisa Farms, Taofeeq Adisa Bisiriyu, is among the farmers who are making a name for themselves in the sub-sector. He had wanted to be an entrepreneur. Therefore, after leaving paid employment, he saved enough money to set up a poultry farm. Raising chickens not only provided him with a source of income, but with protein-rich food.

    Generally, poultry business grows on the back of rising purchasing power in the country and the corresponding change in food habits.This enables it to make money and sustain jobs. But, in the last two months, the sector has been experiencing egg glut following cash scarcity, causing buyers to dump it for other alternatives.

    Among the major customers of eggs are the educational institutions, hoteliers and other food vendors. But the rising prices have made the demand for eggs to reduce drastically. One way some poultry farmers are surviving is  through the National Home-Grown School Feeding Programme (NHGSFP), which has  helped to revitalise the livestock sector as well as enhancing their income.

    A lot of producers are engaged to supply eggs. This has helped spread wealth among members of the Poultry Association of Nigeria (PAN).

    Livestock Feeds PLC would not be left out in any  programme that will boost entrepreneurship and to restore their livelihoods.The company has been involved in empowerment programmes to equip Nigerians with the basic skills, management techniques and agribusiness proficiency involved in rearing poultry. 

    To save jobs and assist poultry farm businesses feeling a severe squeeze on margins, the company is working on a national programme  to get   producers  to supply  hospitals  with free eggs and  make profits.The plan is to ensure that businesses don’t close shop  as they face inflationary pressures from costs of energy, labour, and consumables.

    Bisiriyu is one of the beneficiaries  of the programme. He has been smiling to the bank since the company engaged him to supply eggs to the Orile-Agege General Hospital in Agege.

    The project combines entrepreneurship and eggs donation to supply the much-needed source of protein.

    The Managing Director, Livestock Feeds PLC, Adegboyega Adedeji, was happy it brings joy to hearts through the partnership to make a difference.

    Adedeji said the company will work with 500 farmers in Lagos to mop their eggs and pay them. 

    The experiment, he explained, had begun with  Orile-Agege General Hospital in Agege where 250 farmers would be engaged to supply crates of eggs  weekly. 

    Adedeji said the programme would be extended to hospitals in Epe, Badagry, Ikorodu and  Mainland.

    He said the company has the resources, scientific and technological expertise, as well as proven implementation plans to enable farmers to reach productivity, and  engage in livelihood diversification activities to ensure an income.

    The Managing Director/Chief Executive, Orile-Agege General Hospital, Dr Sola Pitan, acknowledged the benefits of supplying eggs to the hospital.

  • ASUS committed to environment

    ASUS committed to environment

    Original equipment manufacturer, ASUS, has restated its commitment to the environment with the production of eco-friendly products.

    It also said the display of its product has been certified for eye care by TÜV Rheinland and SGS with 70 per cent-lower blue-light emissions, ensuring that the user’s eyes are comfortable even during long viewing sessions. ASUS also provides free OLED screen exchange for any burn-in issues during the warranty period.

    The company restated its commitment in a statement announcing the unveiling of the new Zenbook S 13 OLED (UX5304), which it said is the world’s slimmest 13.3-inch OLED laptop. It’s also the most eco-friendly Zenbook ever, and takes the brand’s signature qualities of ultraportable design, sustainability and on-the-go performance to a new level, proving conclusively that less can be more.

    With a world-beating super-slim one centimetre profile and a super-light 1 kg chassis, the Zenbook S 13 OLED delivers no-compromise performance, connectivity and battery life, making it the epitome of ultraportable design, and finished in brand-new Basalt Gray or classic Ponder Blue. It’s also designed with the environment and carbon neutrality firmly in mind, using recycled metals and plastics in its construction, FSCTM Mix-certified packaging, an elegant new eco-friendly plasma ceramic aluminum for the Basalt Gray model, and halogen-free electronics, to make this the most eco-friendly Zenbook model we’ve ever produced.

    “The Zenbook series excels at delivering unrivaled on-the-go performance, and Zenbook S 13 OLED is no exception, harnessing the power of up to 13th Gen Intel Core i7 processors with 32 GB of LPDDR5 RAM and a 1 TB PCIe  4.0 x4 SSD. There’s a full set of I/O ports for on-the-go connections, and a long-lasting 63 Wh battery.

    “For immersive true-to-life visuals, Zenbook S 13 OLED has a gorgeous 16:10 2.8K (2880 x 1800) ASUS Lumina OLED display that’s Dolby Vision certified, with Pantone Validated color rendering and VESA DisplayHDR True Black 500 certification, ensuring incredible detail and the deepest black levels.

    “To achieve the super-slim 1 cm profile and super-light 1 kg weight of Zenbook S 13 OLED, several advanced techniques and materials are used in its design and construction to reduce the weight and dimensions compared to the previous generation, without compromising performance, connectivity or battery life.

    “To achieve the incredibly slim profile, we’ve embedded a thinner yet fully featured FHD IR camera directly into the CNC-machined lid. We’ve also used a specially designed ultraslim OLED panel, resulting in a lid that’s 30per cent slimmer.

    “Optimized internal layout: By using precision CNC machining, we make more space available in the interior for components. We use circuit boards with fewer layers and a higher wiring density, with many more transistors, giving better performance with less weight in a more compact space. The motherboard is precision-engineered to house an additional, ultrathin fan that increases airflow for better cooling. This makes the lower part of the laptop about 25per cent slimmer.

    “Materials choice: To minimize weight, durable and lightweight magnesium-aluminum alloy is used for the keyboard deck, formed with a CNC cutting process to create a rigid structure that doesn’t need any extra support. An extremely thin glass covering is used for the touchpad, resulting in a further 25per cent reduction in thickness in the keyboard deck,” the statement explained.

    The result is a class-defining ultraportable laptop that takes thin and light to a whole new level without compromises: it supports up to 14 hours of video streaming, while offering improved cooling and performance compared to its predecessor. And despite its world-beating compact dimensions, Zenbook S 13 OLED retains full usability and features a comprehensive set of standard I/O ports.

    ASUS is committed to do more with less through Zenbook. This device is an EPEAT Gold registered product that has a positive environmental impact across the entire product lifecycle, from material use and manufacturing, through to assembly, use, and end of life. We have mitigated its carbon footprint by incorporating recycled materials and designing more eco-conscious packaging.

    The device is the most eco-friendly Zenbook ever made, incorporating post-industrial recycled (PIR) magnesium-aluminum alloy in the keyboard cover, chassis and lid, reducing its carbon footprint by more than 50per cent. The keycaps and speakers incorporate post-consumer-recycled (PCR) plastics, and the speakers also use ocean-bound plastics. We have redesigned the packaging to be 100per cent recyclable, with reusable and compostable materials. It uses 100per cent FSC Mix-certified paper from responsibly managed forests, controlled wood and recycled sources. The paper packing inserts can also be easily transformed into useful laptop stands. In addition, Zenbook S 13 OLED also exceeds the ENERGY STAR energy efficiency standard by 43per cent to reduce the electricity consumption. Via above mentioned sustainable actions, the overarching goal of this device’s sustainability initiatives is to achieve carbon neutrality.

    For the first time, the company used a special manufacturing process to create an ASUS-exclusive plasma ceramic aluminum material for the lid. This process uses pure water and electricity, and no organic compounds, strong acids, or heavy metals are required. Instead, this low-environmental-impact bath-based method produces a physical and chemical transformation of the aluminum. This results in increased wear resistance, corrosion protection, thermal management, hardness, and lifespan.

    Along with the physical advantages, the look and feel of this material is similar to natural stone that resonates with the spirit of the Zenbook series. Incredibly, this makes each lid individually unique. No two are alike. A longer laptop lifespan also reduces long-term waste, so Zenbook 13 S OLED is stringently tested using the latest MIL-STD-810H US military-grade durability standard, with up to 12 test methods and 26 individual tests – the world’s most strictly tested laptop durability.

    The Intel Evo-certified Zenbook S 13 OLED delivers the perfect blend of performance and portability, featuring up to a 13th Gen Intel Core i7 processor that can be boosted by 20per cent to a thermal design power (TDP) of up to 20 watts. This is supported by up to 32 GB of LPDDR5 RAM and an ultrafast 1 TB PCIe 4.0 x4 SSD, with a long-lasting high-capacity 63 Wh battery. WiFi 6E enhanced with ASUS WiFi Master Premium ensures fast, stable connections.

    Even though it’s ultra-compact, Zenbook S 13 OLED includes a full complement of I/O ports, so users don’t need to carry dongles or adapters on their travels. The two ultrafast Thunderbolt 4 USB-C ports support fast charging, 4K external displays, and up to 40 Gbps data transfers, and there’s also a USB 3.2 Gen 2 Type-A port, an HDMI 2.1 port, and a 3.5 mm audio jack.

    For enhanced video conferencing experiences on the go, the FHD IR camera includes AI-powered visual effects and AI noise-cancelation technology. It also supports fast and secure face login with Windows Hello. The powerful Harman Kardon-certified audio system with immersive Dolby Atmos sound has a smart amplifier combined with ASUS Audio Booster technology to boost volume by up to 5.25X.

    The 9.5per cent-larger ASUS ErgoSense touchpad allows easier navigation and is smooth, comfortable, and responsive, with an easy-to-clean anti-fingerprint coating

    For an immersive viewing experience, Zenbook S 13 OLED is equipped with a 16:10 ASUS Lumina OLED display – our brand-new name that’s only given to superior OLED displays that meet our strict quality criteria, and offer a visual experience that’s more accurate, more adaptive, and more reliable. ASUS Lumina OLED displays standardize highly-crafted visual solutions around the best OLED experience. The name also highlights the unique advantages and superior visual experience that go beyond traditional OLED displays. ASUS Lumina OLED displays feature exclusive ASUS technologies, such as ASUS Splendid and ASUS OLED Care, as well as new features like Delta E <1, power-saving, and panel protection. By integrating these elements, ASUS has created a highly-crafted solution that represents the pinnacle of OLED technology.

    With a resolution of 2.8K, a 0.2 millisecond response time and a color accuracy of Delta E <1 , the stunning ASUS Lumina OLED display on Zenbook S 13 OLED delivers clearer, brighter and more vivid colors. As well as offering Dolby Vision certification, the display is also DisplayHDR True Black 500-certified for brilliant whites and the deepest blacks, and carries the Pantone Validated badge for industry-standard color fidelity. The cinema-grade 100per cent DCI-P3 color gamut delivers ultravivid colors, and ASUS Splendid allows the user to easily switch between this gamut and sRGB, Display-P3 or the native OLED gamut.

  • Konga hosts biggest gadgets sale forum

    Konga hosts biggest gadgets sale forum

    E-Commerce platform, Konga, said consumers will have an opportunity to acquire the best gadgets this week as it begins this year’s edition of its Tech Week which begins today and end on May 12.

    The company, in a statement, said in addition to offering bargain-hungry shoppers the widest assortment of genuine tech products and accessories from the biggest brands, this year’s edition of Konga Tech Week will equally witness best prices and massive deals across various product categories. From mobile phones, computing – laptops, desktops and monitors, printers and scanners – to tablets, PC gaming, computer and mobile accessories, etc., as well as a wide range of electronics and home and Kitchen appliances, among others, The Week offers something for  shoppers.

    In addition, plans are in place to make this edition of the Konga  Week an unforgettable experience for shoppers. On the line-up is a variety of exciting initiatives designed to excite customers, including treasure hunts, flash sales, freebies and giveaways, bundled offers, app-only deals and special price slashes. Interestingly, there is the added option of guaranteed same day delivery for shoppers via Konga Now.

    ”No one does Tech Week quite like Konga. I can’t wait for this year’s edition. During last year’s edition, I was able to purchase several gadgets which were much higher-priced in the market at unbelievable prices on Konga. But that’s not all. I made sure to share the secret with many of my friends, some of whom bought online and in various Konga stores nearest to them.  We are all waiting patiently for Tuesday,” Sonia Omatedjor, a long-time shopper on Konga.com, said.

    Also, Ibe Ben Christian, another frequent shopper, lauded Konga for  delivering value with its Tech Week sale.

    ”I run a small tech company and for me, Konga Tech Week is one campaign I look forward to. Usually, I use this opportunity to stock up on essential tech gadgets, devices and accessories required by my customers. I also take advantage of the unbeatable prices Konga offers to buy in bulk and resell at good margins. Konga Tech Week is good for me and for my business,” he said.

    Shoppers are also in for unprecedented swiftness in the delivery of their orders, with all products tagged Konga Now primed for same day delivery.

    Konga Tech Week will run across multiple channels including online on the Konga website – www.konga.com, offline in its growing chain of retail stores across Nigeria and on Konga Bulk.

    Meanwhile, Tech Week will also afford bulk buyers, business owners, corporate organisations, educational institutions, cooperatives, and other potential heavy shoppers a chance to take advantage of the special prices and bulk deals on offer. Several top brands and globally renowned Original Equipment Manufacturers (OEMs) are expected to jostle for the attention of shoppers with juicy offers during the Konga Tech Week sale.

  • Crypto ban: Operators anxiously await CBN, SEC

    Crypto ban: Operators anxiously await CBN, SEC

    On the strength of a Central Bank of Nigeria’s (CBN’s) February circular in 2021, crypto exchanges in Nigeria were banned from working with financial institutions, thereby officially shutting the country out of an estimated $1.25 trillion global crypto market. LUCAS AJANAKU writes on the need for regulators to expedite action on its regulation as operators wait in the wings.

    Operators in the crypto currency space say they are in discussion with the Central Bank of Nigeria (CBN) and the Securities and Exchange Commission (SEC) over lifting the ban and deepening the ecosystem so as to tap from its immense benefits and deepen financial inclusion.

    According to the operators, the regulatory authorities are upbeat over the issue as they don’t want the country to lose out in the race.

    They said Allied Market Research, the global cryptocurrency market size was valued at $1.49 billion in 2020, and is projected to reach $4.94 billion by 2030, growing at a compound annual growth rate (CAGR) of 12.8 per cent from 2021 to 2030. Cryptocurrency is known as virtual currency. It is a form of currency that exists digitally only and has no central issuing or regulating authority above. It uses blockchain technology to authenticate the transactions. Blockchain is a decentralised technology spread across many computers that manages and records transactions. Furthermore, it does not rely on banks to verify the transactions but is used as a peer-to-peer system that enables users to send and receive payments from anywhere in the world.

    Allied Market Research noted that the increase in need for operational efficiency and transparency in financial payment systems, rise in demand for remittances in developing countries, increase in data security, and improved market cap are the major factors that drive the growth of the global cryptocurrency market. Moreover, high implementation cost and lack of awareness of cryptocurrency among the people in developing nations hamper the cryptocurrency market growth. Furthermore, increase in demand for cryptocurrency among banks, and financial institutions and untapped potential on emerging economies are expected to provide lucrative opportunity for the market expansion during the forecast period.

    Director, Product Management, Yellow Card Financial, Ogochukwu Umeokafor, said the feedback the firm is getting from the CBN is positive, adding that very soon, a definitive policy statement around crypto will be made.

    According to her, the firm prides itself as being one of the largest exchanges in Africa, providing a secure and reliable platform for buying, selling, and storing various cryptocurrencies, including Bitcoin, Tether, Ethereum, USD Coin, Cardano, Solana, and Celo Dollar.

    The objective, she said, is to make basic financial services and cryptocurrency accessible to everyone on the African continent. “We currently operate in 16 African countries, serving a user base of over 1.4 million individuals, and rapidly expanding our pan-African crypto network. With a team of experts from all around the world, we aim to facilitate easy access to cryptocurrency for everyone on the continent, empowering them to take control of their finances,” she said.

    Regional Marketing Manager, West Africa for Yellow Card Financial, Rachael Akalia, said the firm has sent application for operation to SEC, adding however that the N10million requirement is not easy to meet for many operators in the sector.

    The move comes at a time the SEC started taking steps towards regulating crypto currencies, issuing guidelines for initial coin offerings, and other cryptocurrency-related activities.

    Under SEC’s new rules, all crypto exchanges providing service to Nigerians are now required to secure a permit, which gives the Commission access to its records.

    Crypto exchanges are also expected to submit weekly and monthly trading information as well as quarterly and annual financial and compliance reports.

    According to Akalia, the ban on the trading of crypto by the CBN alongside the galloping inflationary trends have raised more awareness about crypto as people, especially the youths, want to store their cash value in crypto currencies.

    She is optimistic that there will be regulatory light at the dark end of the tunnel before the end of this year.

    Like Yellow Card Financial, another blockchain United States-based tech firm, Gluwa believes crypto currencies can play an important role in driving economic growth and financial inclusion in Nigeria with the right policy framework.

    Gluwa founder and CEO, Tae Oh, said: “Our proposals have been sent to the SEC, the Ministry of Finance, and the CBN. We look forward to working with them to create an environment that fosters innovation, encourages investment, and supports the growth of the Web3 industry.”

    Oh believes cryptocurrencies have the potential to transform the financial landscape of Nigeria, and the African continent. By working closely with the Federal Government, he hopes to create a policy framework that encourages the responsible and regulated use of cryptocurrencies while prioritising the protection of consumers and preventing illicit activities.

    Luno’s Head of Compliance for Africa, Johan Hetzel, said millions of investors have been drawn to cryptocurrency by the prospect of rising prices. To this end, a growing number of young global investors see cryptocurrency as a viable alternative to gold, the world’s oldest safe-haven asset. A recent CNBC Millionaire Survey indicated that 83per cent of millennial millionaires held cryptocurrency. Luno is a leading global cryptocurrency exchange with over 10million customers globally.

    He said currently, there are around 20,000 cryptocurrencies offered with over 300 million users globally with 48 million of these users from the African continent. Crypto’s potential to bridge the economic divide, serving personal and entrepreneurial demands such as remittance, e-commerce, payments, wealth preservation, and social good, is a significant reason for its growing popularity in Africa.

    Despite this, African countries have taken a significantly different stance toward cryptocurrency than most other governments around the world. Nigeria and Kenya are two countries in this region that have decided to prohibit the use of cryptocurrencies or have issued warnings and in some instances outright ban, to their banking systems about the risks associated with using them.

    Yet, Nigeria’s enthusiasm knows no bounds, and it is anticipated that the country could reach a rate of 100 per cent adoption by the year 2030. Other countries, such as South Africa, are simultaneously supporting the exchange of digital assets.

    The Luno chief averred that cryptocurrency regulation has grown in popularity over the years. Globally, 33 countries regulated cryptocurrency in 2018. As of 2021, this number had risen dramatically to 103 nations.

    Akalia said Yellow Card is promoting financial inclusion because of the belief that everyone should have access to financial freedom. “We understand the challenges that our users have been facing in the crypto market, and we wanted to do something to support them,” she said.

    To further push the adoption of Crypto in Africa and facilitate cross-border payments using Cryptocurrencies, Yellow Card has partnered with Block -a publicly traded company behind the popular payment apps Cash App and Square, co-founded and led by Jack Dorsey, the former CEO of Twitter. This partnership is an effort to bring more financial inclusion to African countries. With Yellow Card’s extensive network in Africa and Block’s expertise in payments and cryptocurrency, the two companies aim to provide users with a seamless and secure way to transfer funds across borders. We are proud to be a face for cryptocurrency on the continent and to be promoting financial inclusion and education.

    SEC had released a new regulatory framework for the country’s crypto sector, signalling a major shift in attitudes from authorities towards the industry’s growing popularity.

    Reacting to the SEC’s proposed framework, Country Manager for Nigeria at Luno, Owen Odia, had said: “At Luno, we strongly believe today’s developments could mark a major breakthrough in not only delivering much-needed clarity and protection for crypto customers, but also for businesses.

     “Since launching in Nigeria in 2015, we’ve always prided ourselves on consistently adopting an open and proactive approach towards regulation and with the SEC’s new framework, our hope is that our current and potential users will have even greater confidence to trust us with their funds as we strengthen our push to raise the standards of our industry.

     “We are well-aware that regulators such as the SEC share this same mission; however, we are also conscious that this is by no means an easy task for them. They have to get to grips with a new technology that very few are yet to understand but it is for this reason why they should continue to collaborate with industry players over the coming months and years.

     “Due to our expertise, we believe we can play a crucial role in helping the SEC navigate the nuances of this technology so any eventual regulations manage the need to protect consumers without stifling the huge innovation we’ve seen in Nigeria over the last few years.”

    Currently, Luno has more than 3 million customers in Nigeria and secures an average of more than 4,000 installs of its app per day in the country alone. The platform is also registered with the Nigerian Financial Intelligence Unit and adheres to stringent Know Your Customer (KYC) and Anti-Money Laundering (AML) processes in all of its 40 operating countries.

    Additionally, Luno undergoes full verification of the existence of its customers’ cryptocurrency by an independent audit firm, Mazars, on a quarterly basis and has achieved an ISO 27001 certification, which is a globally recognised standard for an Information Security Management System.

  • Smart logistics infrastructure needed to boost export flows

    Smart logistics infrastructure needed to boost export flows

    The Netherlands is Europe’s largest exporter of onions. The success of the agricultural sector is buoyed by a dynamic logistics infrastructure which sustains and supports quality, competitive pricing and a long-shelf life, to withstand extended shipping times. Daniel Essiet reports

    According to the Coordinator of Agribusiness and Youth Empowerment, Community of Agricultural Stakeholders of Nigeria, Sotonye Anga, seamless logistics connectivity is an important factor in agricultural exports success.

     The process begins with the farmer harvesting through the packing station and from there to the port, from where they export to countries by sea. Sometimes, the produce is trucked to inland domestic destinations.

     Given his vast experience, Anga believes that the ineffective performance of the transport and logistics industries has caused agro-exporters higher cost on produce.

     According to him, ugly developments in the logistics chain means a lot for export flows, adding that a further escalation of the obstacles could have major consequences which may be in terms of backlogs and delays in shipment that resulted from the disruption of the supply chains, and uncertainty for the operational business of shipping lines and their customers.

     Agriculture, he noted, is the backbone of the economy, and could provide much-needed jobs and support food security and prosperity for the country. For this reason, he said the country needed an ambitious agriculture sector transformation growth strategy, predicated on a logistics connectivity response to bolster technological advancements, build capacity, intensify market linkages and increase participation in agriculture.

     The sector, he indicated, is on an upward trajectory with immense potential for further growth. He urged for more efforts to create a vibrant agro-processing industry with foreign exchange earning potential and increased employment. He said unless such steps are taken, export levels could remain below their potential.

     In recent years, a lot of industrial clusters have been created. These include transport and logistics, agro-industrial, automotive, cluster of construction materials and metalwork.

     Some world renowned foreign firms have interest in some of the industrial clusters; a situation that has given a boost to aggregate volume of investments.

    Despite this, the Nigerian logistics industry is facing a number of challenges that are hindering its growth and development. These challenges include poor infrastructure and inadequate transportation systems.

     Though Lagos and other key commercial hubs such as Port Harcourt and  Kano have been on the top of the chart as leading destinations, among the challenges faced by businesses are seamless logistics experiences characterised by increased transportation costs and longer delivery times, making it difficult for companies to meet customer demands and expectations.

     Lagos ports are the busiest in the country. In many ways, Lagos has   established itself as one of Nigeria’s most desirable sites for warehousing and distribution operations. It has successfully leveraged its transportation amenities to become a magnet for corporate, hospitality, and manufacturing industries.

    There is an ongoing multi-million agro-logistics hub project in Epe, which the Commissioner for Agriculture, Ms Abisoye Olusanya said that, on completion, would include transportation carriers of all kinds as well as warehousing, distribution, third-party logistics services.

     She announced an action plan to promote value-added logistics development integrating sea, air and land transport to strengthen its pivotal role in the economic expansion.

     The purpose, according to her, is to deploy innovation, adaptation and technology to help the agriculture industry to overcome disruptions and deliver produce.

     She stressed that the agriculture sector needed good logistics infrastructure to be efficient and effective, even as she added that without such infrastructural projects, farmers would not get the produce to their destinations.

     According to her, Lagos will continue to integrate logistics connectivity into the state’s overall economic development, under a model where the transportation node would connect waterways, railways and highways. For analysts, Lagos’ multimodal and logistics options should serve as an economic development driver and force in growing the local and state economies.

    Currently, the majority of industries located in the state depend on multimodal options to streamline their supply chains and encourage future growth. Apapa Ports are one of the busiest for agro-cargo.

     The Director-General of the African Centre for Supply Chain, Dr Obiora Madu said that as one of the regional hubs, the ports should have good connections with most of urban and production centres.

     He further explained that there was a challenge linking it with the various container terminals for sea transport. As things stand, Madu believes that none of the biggest commercial cities across the country offer unmatched multimodal connectivity that sits at the intersection of the rail lines hauling freight from industrial parks, with own logistics.

     To achieve this, he recommended a logistics strategy with components that emphasise restructuring the transportation and distribution networks to maximise efficiency and minimise miles which will translate to enhanced productivity.

     He stressed the need for close collaboration among industry, the academia and the government as trade routes shift and logistics networks become increasingly complex.

     According to him, strengthening the logistics sector is not an optional action plan, more so for a country such as Nigeria which has a large stake in international trade and with a propensity to grow further in the world order.

    He believes that investors would score Nigeria’s logistics efficiency on the basics of infrastructure quality, ease of arranging shipments, quality of logistics services, consignments tracking and tracing and timeliness of shipments.

     For this reason, he posited that the country needed a comprehensive logistics policy that is capable of reducing operational cost, improving efficiency across various sectors of the economy.

     So far, agro-exporters are lamenting high logistics costs on their businesses as a result of erratic supply chains and subpar connectivity across the country.

    According to him, policy interventions were needed to ensure that logistical problems are minimised to increase agro exports growth. He called for a unified policy environment that would be helpful in ensuring seamless integration across the logistics chains.

     While development of integrated infrastructure is envisaged through the various development master plans, Madu noted that a national logistics policy will provide a comprehensive agenda for development of entire logistics ecosystem.

     This, he added, would include linking the railways and roads, to work together to create a unified and streamlined network of connectivity. He emphasised the importance of inland and river ports.

     “They are very important in assisting landlocked countries. There is a terminal in Lilypond dedicated for exports. How do they take the container from there to Tin Can Port?

     “All these account for the huge congestion on the road. If our supply and logistics chain does not work, the economy will not do well. This has terribly destroyed our competitiveness. River ports have become more important for domestic trade, he said.

     Role of river ports

      Connecting Jebba and Onitsha River Ports, he said, has the potential of using the waterways to reduce road transportations of produce and human traffic across the country.

     According to him, Jebba and Onitsha River Ports should have well-developed transportation infrastructure that allow them to be interconnected with the North and South smoothly, especially mainland and provides maximum flexibility.

     With its centralised location, he was of the opinion that places such as Lokoja in Kogi State should be a perfect place for transport with access to major interstates, railroad arteries that allow for inexpensive shipment and delivery for business sites.

     But, in the past 10 years, Lokoja has not been a place to relocate and do business. The area also is yet to boast of a seamless transportation hub. While the town has ceased to retain a reputation of providing a safe, stable and sustainable environment for its private and corporate residents, it no longer sustains the appeal of a top warehousing and distribution centre location, illustrated by the fewer companies that have established themselves in the area.

     Lokoja is not alone in losing top business destination ranking. Jebba has failed its standing as one of the region’s hottest business centres.

     In the past, the town enjoyed easy roadway access to and from destinations throughout the Middle Belt. In other places, a town such as Jebba connects businesses with important markets, ports of entry and airports to expedite major domestic and international commerce transactions. The rail service has not provided adequate freight service to spur an additional cycle of business investment within the community.

    Logistics integration

    Even though Nigeria has a pool of international and highly-experienced logistics companies that should enable smooth logistic flows, Madu thinks trying to separate aviation from transportation is not furthering the cause of full integration of networks.

     He said: “We have been made to think that aviation is separate from transportation. What it means is that we are disintegrating our logistics system. Former President Obasanjo, in his wisdom, merged these ministries and Yaradua separated them again.”

     The Chief Executive Officer of Agricultural and Rural Management Training Institute (ARMTI), Dr Olufemi Oladunni has emphasised the need to boost logistics efficienciesthrough strengthening  sea-land-air intermodal transportation, facilitating port and logistics development,  and promotion of  high value-added logistics services, including the enhanced processing of cold-chain goods.

    Oladunni noted that seamless supply chains logistics are key to the flow of produce from point of origin to point of consumption, meeting the endless requirement of varied clients.

     For the Deputy Managing Director of Project Incubation West Africa, OCP Africa, Caleb Usoh, the logistics industry is a critical enabler of economic growth.

    With an infrastructure that includes access roads, ports and airports, Usoh indicated that Nigeria can emerge a leading hub for trade. According to him, logistics facilities and infrastructure coupled with low costs, and increasing investments would make the country a profitable gateway for businesses.

    He stressed that interlinked highways that connect the country locally, make transporting goods, including fertiliser and other agriculture inputs a fast, profitable and efficient process is what Nigeria needs.

     Usoh noted that a seamless logistics would help to fast track national economic development and promote growth of industry, manufacturing, and exports.

     Furthermore, he suggested that the government should encourage the private sector to invest in complementary infrastructure.

     According to him, connectivity, infrastructure and processes, and private sector participation could create an integrated ecosystem that allows logistics to thrive. He urged the government to partner the private sector to take more advantage of its geographical position by linking logistics with agriculture.

    Inland ports

    The growth of exports from the Southsouth and the Southeast has made the need for strategic inland ports across regions necessary. The inland ports will be focused on moving and handling agro-exports outside the country.

     For Anga, agro-exports are riding high as such the country needs inland ports that offer cost-effective intermodal access. He stressed that inland ports are becoming a critical part of the country’s agro-export cycle and the country’s competitive position at the world stage.

    He noted that farmers and agro-producers have to use inland ports to move their produce to market as efficiently as possible, and with fuel costs rising, they provide intermodal and rail options to bypass expensive and costly trucking methods.

     He pointed out that the current challenge for producers is the absence of an effective supply chain infrastructure in various production belts to manage the growth in export volume.

     He maintained that the agriculture industry will continue to be a major contributor to overall export volume. He called for increased use of inland ports.

    According to him, the trend toward establishing and expanding inland ports will continue, and there are major opportunities for private-sector development and investment to support the country’s growing agro-export trade.

    There are proposed sites across the country for inland port logistics clusters which would allow major producers to move cargo inland.

     On the whole, stakeholders have urged the government to strengthen logistics business and intermodal transportation services.

    QUOTE

    Lagos ports are the busiest in the country. In many ways, Lagos has   established itself as one of Nigeria’s most desirable sites for warehousing and distribution operations. It has successfully leveraged its transportation amenities to become a magnet for corporate, hospitality, and manufacturing industries

  • Furore over airline’s intervention trajectory

    Furore over airline’s intervention trajectory

    Developments from one of the local carriers under the government’s rescue plan, being handled the Asset Management Corporation of Nigeria (AMCON), has triggered a debate. The battle for the soul of the carrier ‘amid take-over controversies’ has put on the burner the mandate and scope of the interventionist agency, writes KELVIN OSA OKUNBOR

    Airlines in Nigeria are not insulated from the challenges plaguing the global air transport sector. It was for this reason that the Federal Government packaged intervention funds for beleaguered indigenous carriers many years ago.

    But, the life-saving option is yet to achieve the desired results.

    A few years ago, the Asset Management Corporation of Nigeria (AMCON) took over Arik Air as a receiver-manager, to rescue the erstwhile carrier from imminent collapse.

    Though experts are yet to reach a consensus on the performance of AMCON in reviving Arik Air, the airline’s founder, Sir Johnson Arumemi-Ikhide, seems to want to stage a comeback.

    The drama unfolded at the corporate office of Arik when the management  prevented Sir Johnson from accessing its premises.

    Arumemi-Ikide and his aides had arrived at the entrance of the airline’s premises, following a recent Federal High Court order, which granted him the right of access to the premises of the airline that had been taken over by AMCON in 2017.

    When Arumemi-Ikide attempted to enter the premises, the security guards on duty informed him that they had received an order from the receiver- manager not to allow him in.

    Despite pleading with them, the security officials refused him entry. Arumemi-Ikide, then, proceeded to the Police Division’s office at the airport to write a statement, promising to inform his lawyers, who would take up the matter.

    AMCON had designated Kamilu Omokide as a receiver-manager in June 2019, replacing the erstwhile Receiver- Manager, Mr Oluseye Opasanya, after taking over the airline, compelling Arumemi-Ikide to file an originating motion on December 14, 2021.

    But, AMCON has clarified the development, saying Arik Air’s operations under receivership are unaffected by a March 31 Lagos Federal High Court ruling to set aside the transfer of the airline’s assets to other companies.

    In a statement, AMCON said it would exercise its right to appeal the ruling relating to its “dealings in specific transactions concerning limited assets”.

    Still, it added, the court “clearly and without equivocation affirmed that AMCON was competent and empowered to appoint the receiver-manager of Arik, that the appointment by AMCON was proper, and that the continued operations of Arik was not affected. Put simply: the judgment does not affect the operations of Arik or that of the receiver-manager to superintend the affairs of the troubled Arik Air.

    “The court did hold that the receiver-manager was obligated to act in the best interests of Arik and other creditors – a point that AMCON and the receiver-manager have never disputed,” the state-appointed asset manager said.

    Arik Air, led by its Arumemi-Ikhide and his wife Mary filed a suit on December 14, 2021, against Omokide, AMCON, NG Eagle Limited, Super Bravo Limited, and the Nigeria Civil Aviation Authority (NCAA).

    In his ruling on March 31, Justice Lewis-Allagoa ordered that the transfer of Arik Air assets by Omokide or AMCON to NG Eagle and/or Super Bravo be set aside.

    It ordered that the transfer of Arik Air’s assets was done in bad faith and constituted a violation of the receiver-manager’s duty to Arik Air under Nigeria’s Companies and Allied Matters Act of 2020.

    Investigations by The Nation show that the global aviation community is getting worried over developments in the country’s aviation sector. Specifically, experts have faulted the developments emanating around the airline.

    A source said allegations of not following due process levelled against the receiver-manager of the airline leaves very much to be desired.

    On the denying the founder entry into Arik Air’s head office in Lagos,  the source said: “The said judgment had been appealed and a stay of execution duly filed and served.The management of Arik, therefore, was shocked to hear he was at the gate demanding entrance into the premise.”

    Another expert said: “We are unhappy with the attitude exhibited by the founder of the airline, having duly notified his legal counsel of our appeal and stay of execution. It was a needless show of bravado, a publicity stunt.”

    AMCON had stated at the take over that the carrier had exposure of over N200 billion. Besides, the interventionist agency said the carrier also owed    banks and other financial institutions N70 billion.

    The expert queried: “It is curious that instead of placing before creditors a credible settlement proposal, the founder of the carrier prefers the drama of invading the premise of Arik Air and disrupting operations and industrial harmony.

    “He should wait for the court process to take its course or try and settle with the creditors.”

    As the battle for the soul of the airline lingers, investigations by The Nation show that AMCON and the receiver-manager secured a court order in 2017, reference No. FHC/L/CS//2017 at the Federal High Court, Lagos Division affirming the appointment of Oluseye Opasanya  as Receiver Manager of Arik Air by AMCON. AMCON using its powers under the AMCON Act secured the court order to protect the assets and undertaking of the first defendants and to enable and assist the second plaintiff  to exercise his power and perform his duties unhindered.

    Citing matter of receivership pursuant to the Asset Management Corporation of Nigeria Act of 2010 as amended, AMCON and the receiver- manager – Arik Air Limited as first and second plaintiffs, on February 8, 2017  filed for Motion ex-parte pursuant to Order 26 Rule 8,(1) and Order 28 Rule 1 (1) &2 of the Federal High Court (Civil Procedure ) Rule 2009 , Sections 4-6 , 34, 35 & 48 AMCON Act and inherent jurisdiction of the court securing an Order of Interim Injunction restraining  the first defendants , its shareholders , directors, managers, officers, employees, consultants, agents and representatives, any person or persons acting directly, indirectly on behalf of the first defendants from doing anything , or taking any actions or steps to attack, hinder, disrupt, obstruct, frustrate , interfere in anyway whatever, with the activities of the second plaintiff in the discharge of its duties as the Receiver Manager of the first defendant pursuant to the provisions of the AMCON Act 2010 as amended.

    The suit among other demands also secured an Order of Interim Injunction restraining the first defendant , its directors, shareholders and agents or any person, persons acting directly or directly from on behalf of the first defendant from in anyway whatsoever from , alienating, disposing, or otherwise dealing with the assets and entire undertaking of the first defendant, including but not limited to aeroplanes, shares, spare parts thereof , banks accounts and real property.

    The plaintiffs also secured an Order of Interim Injunction restraining the creditors of the first defendant , their shareholders, directors and any agents, or representatives , or any persons acting directly on behalf any creditors of the first defendant , from “doing anything , or taking any action , or steps to attack , hinder, obstruct, disturb, frustrate, or otherwise, interfere in anyway, howsoever,  with the activities of the second plaintiff, and his agents, and any person acting on his behalf in the discharge of his duties as Receiver Manager of the first defendant.”

    An Order was also secured directing the defendants whether by themselves or their agents in providing full information and documents and delivering possession to the second plaintiff of all accounting and other documents/ records in their custody, possession or control pertaining to the affairs, assets and undertaking of the first defendant as will pave way for and assist the second plaintiff in exercising his powers and performing his functions as the Receiver Manager of the first defendant.

    The federal high court also directed the Nigeria Police Force to maintain law and order, ensure the peace, protect the assets of the first defendant and provide protection to the second plaintiff in the discharge of his duties and functions as Receiver Manager of the first defendant pursuant to the provisions of the AMCON Act.

    AMCON said it sought the Court’s prayers on the grounds that: the first defendant is indebted to the first plaintiff, has refused, neglected and failed to cooperate with the first plaintiff in the resolution of the first defendant’s huge indebtedness of significance consequence among others.

    A source with a good knowledge of the case said that apart from the fact that the court did not address or even attempted to set aside this subsisting order of a court of equal jurisdiction, the new judgment was problematic as it was in stark conflict with the existing orders. Secondly, it was trite that you could not enforce a judgment that has been lawfully appealed and a stay of execution filed and served.

    Meanwhile, investigations by The Nation reveals that AMCON also citing a Notice of Appeal filed at the Court of Appeal in Lagos with suit Appeal No. FHC/L/CS/1175/2 between Kamilu Alaba Omokide, Receiver Manager Arik Air Limited, AMCON, NG Eagle Limited and Super Bravo Limited as Appellant with Johnson Arumemi, Nigeria Civil Aviation Authority as Respondents conveyed the dissatisfaction of the appellant with the judgement presided over by Honourable Justice Ambrose Lewis – Allagoa at the Federal High Court, Judicial Division with suit No. FHC/L/CS/1175/2021 on March 31, 2021.

    According to the Appellant, the Lower Court erred in law because the first and second respondents – plaintiffs in the earlier court did not serve a Pre- Action Notice on the second appellant prior to the start of the suit at the Lower Court as required by Section 43 (2) of the AMCON Act 2010 as amended.

    The appellant posit that the suit  with No. FHC /L/CS/1175/2021 is premature for failure to comply the condition precedent of serving the appropriate pre- action notice as required by law. And that the lower court lacks jurisdiction to entertain, hear and determine the suit.

    Fingering 16 grounds of error of law, it among other prayers sought the Court of Appeal to dismiss the case of the first and second respondents as well as invoke an Order setting aside the part of the judgement of the Federal High Court , Lagos , presided over by Hon. Justice Ambrose Lewis – Allagoa dated March 31, 2023.

  • CNG, electric buses join BRT fleet in Lagos

    CNG, electric buses join BRT fleet in Lagos

    With the arrival of the first electric Mass Transit Buses in Lagos, Governor Babajide Sanwo-Olu has left no one in doubt of his strides to see the state join the league of mega cities that are major players in the cleaner environment transit modes. ADEYINKA ADERIBIGBE writes

    When the Lagos State Governor Babajide Sanwo-Olu gave the indication last year that his administration would soon be taking the state into the league of mega cities playing in the electric transit buses league, not many took him serious.

    The state was just turning a major curve in rail transit with the Blue and Red Light Rail that formed the nucleus of the LRTS, and just announced a deal that would see Oando Clean Energy Ltd. (OCEL) convert some of its diesel combustion engine Bus Rapid Transit Buses into a Clean Natural Gas (CNG) engines.

    While the OCEL deal is still on and about 10 buses have been converted to gas, in what looks like the pilot phase of the CNG bus project, the firm shocked Nigerians when it announced, last Friday, the delivery of two electric BRT buses, ushering in the electric BRT bus phase in Lagos.

    For a state that is reaping the manifold goodwill of being the first sub-national government in Africa to activate two light rails in its multi-modal transportation mix, to help reduce the stress of travels on its roads, the news of the imminence of electric buses on Lagos roads is a game changer that only a Sanwo-Olu-led administration could pull through.

    The governor said the government would be pursuing the initiative in its determination to embrace buses that promote cleaner environment, reduce carbon emission and cut down on the generation of Green House Gases (GHG) that is becoming a global challenge to the climate.

    Last Friday, OCEL and the Lagos Metropolitan Area Transport Authority (LAMATA) on Friday, took delivery of the first set of electric mass transit buses for Lagos State.

    OCEL Managing Director Mr. Adewale Tinubu, who broke the news in Lagos, said in addition to the electric buses, OCEL had taken delivery of the charging stations and spare parts necessary to ensure their effective operation. The initiative, he added, is in partnership with Yutong Motors.

    Over the next seven years, OCEL, he said, would see to the roll out of 12,000 maxi (large capacity) buses, which will transition the current diesel combustion mass transit buses to electric, starting in Lagos State. Hopefully, the novelty may eventually move across the country.

    Last Thursday, OCEL and LAMATA signed a Memorandum of Understanding (MoU) for the successful deployment of an Electric Vehicle (EV) Infrastructure Ecosystem (electric buses, charging stations, and other supporting infrastructure) towards the attainment of a sustainable road transport system in the state.

    With the bus’ delivery, Lagos, Africa’s leading megacity and the continent’s fifth largest economy would be joining Kenya, and the rest of the world in deploying eco-friendly buses to commute within its various urban centres in making commuting climate friendly.

    In a statement, OCEL said it partnered with Yutong Bus Co Limited (Yutong), the world’s largest electric vehicle manufacturer to produce the electric buses, equipped with air conditioning and Wi-Fi.

    “In addition to the arrival of these electric buses, OCEL has also taken delivery of the charging stations and spare parts necessary to ensure their effective operation.

    “Consequently, and in line with the provisions of the partnership between OCEL and LAMATA, the receipt of both the buses and charging stations marks the commencement of our Sustainable Transport Initiative, which is one of the Company’s pipeline projects to support Nigeria in meeting her goal of net zero by 2060,” the statement explained.

    It pointed out that, “the company’s strategic vision is to decarbonise the transport system in Nigeria and in the process, strengthen the socio-economic impact of transportation within the country.

    “Over the next seven years, and through the rollout of over 12,000 buses, this initiative will transition the current combustion mass transit buses to electric, starting in Lagos State and eventually across the country.

    “In the medium to long term, and in line with our ambitions, our efforts within sustainable transport will lead to improved air quality, enhanced public health, enable the employment of at least 3,000 new drivers and an additional 2,000 workers to support bus maintenance, depot management, etc. as well as estimated economic cost savings of $2.6 billion (3.6% of Lagos’s GDP).”

    Furthermore, it stated that the company’s EV roll-out plan strategically aligns with the Nigeria Energy Transition Plan (NETP); specifically supporting the government’s roadmap for EV implementation across Nigeria and its ambition to boost local capacity in the medium term through the construction of EV assembly plants.

    The Oando -Yutong Joint Venture Partnership is expected to, among others, “manufacture and deploy additional electric buses during the Pilot and Roll-out phases of the partnership with Lagos State through LAMATA; design and facilitate training programmes targeted at the following critical stakeholders – bus drivers, bus operators, and regulators including but not limited to LAMATA and the Ministry of Transport.

    “Provide technical support and after-sales service; manage a supply chain network to support the availability of spare parts as and when required; construction of a local EV assembly plant to boost indigenous capacity.”

    Commenting on the feat achieved, the Managing Director, Yutong West Africa, Mr. Frank Lee stated: “This is a watershed moment for Yutong. It’s our first delivery of electric mass transit buses in Sub-Saharan Africa and the first step in the large-scale deployment of an electric powered public road transport system in Nigeria.

    “We are excited to be embarking on this journey in partnership with Oando, an organisation with a history of stellar performance in the energy sector and are hopeful to see a quick turnaround in our joint plans to advance all facets of the country’s transition to eco-friendly vehicles, including the development of local capacity through the delivery of, and exposure to extensive training programs for all stakeholders, from drivers to operators and the regulators.

    For her part, the Managing Director of LAMATA, Engr. Mrs. Abimbola Akinajo said: “The arrival of the electric buses confirms Lagos State Government’s commitment to the reduction of greenhouse gas effects, using modern rolling stock, powered by clean energy, in the state’s transport operations.

    “It is for this reason we are partnering with the private sector to facilitate the transition to the use of cleaner energy in public transport thereby actualizing our vision of a transport system that provides options to the people and improves their lifestyle by reducing carbon emissions generated by fossil fuelled rolling stock, through the gradual phasing out of vehicles contributing to the pollution of the environment.”

    OCEL Chairman, Adewale Tinubu, said: “Audacity and innovation have always been key tenets in our journey to transform Nigeria’s energy future.  It’s this spirit that has brought us to this juncture today – at the forefront of propelling Nigeria towards realising her net-zero targets.

    “The arrival of our electric mass transit buses and development of an EV infrastructure ecosystem is a reminder that the only way to remain ahead of the curve is by being unafraid to break new ground and consistently looking for opportunities to leapfrog.

    “This project underscores the African saying, ‘If you want to go fast, go alone; if you want to go far, go together.’ Public-Private Partnerships have been critical to getting the project to this point and will continue to fuel our expansion across the entire country.”

    In his remarks, the President/CEO, OCEL, Dr. Ainojie Irune said: “This is a pivotal moment for Lagos State and the country at large. The development of a sustainable transport ecosystem is much more than the deployment of electric vehicles; it’s about reducing the carbon footprint of the seven million public transport commuters and positively impacting the socio-economic indices surrounding transportation.

    “The transition from an idea proposition to an operational initiative is validation of our collective commitment to realising the country’s ambition of becoming a net-zero carbon emitter by 2060.

    Kenya became the first African nation to inject electric buses into its operations last year, when the Swedish-Kenyan ROAM released its buses for commuters in the country.

    In a compilation by electrek.co, the ROAM Rapid is an electric bus specifically designed to address the unique challenges of public transport in Nairobi and Africa.

    In the United States, President Joe Biden, last year launched a fleet of electric school buses in America under the Clean School Bus programme.

    Representing Biden at one such event at a high school in Falls Church, Virginia, the US Vice President Kamala Haris and the Environmental Protection Agency (EPA) Administrator Michael Regan, Kamala said the CSB, which is a $5 billion electric clean school bus programme is under the Biden’s bipartisan infrastructure law, the website electrek.co further stated.

    A trabsportation specialist Patrick Adenusi who now lives in Singapore is happy Lagos is thinking ahead and planning to inject electric vehicles (EV) in its fleet.

    According to him, buses in Singapore are electric, a country like Nigeria where seriousness is lacking should be helped and encouraged to acquire and run electric buses.

    The electric buses will reduce environmental pollution. The country will save on volume of petroleum products government is paying subsidy on. There will be reduction in the unemployment market as support staff will be engaged and trained.

    LAMATA’s Communication Specialist Mr Kolawole Ojelabi said LAMATA is happy that both CNG and EV are being rolled out at once by the Lagos State Government.

    “Both electric and CNG buses use clean energy. We are not limiting ourselves to one for now. LAMATA as you know is not a bus operating agency but regulatory agency, so we are going to work with the private sector to facilitate the use of clean energy vehicles for public transportation,” Ojelabi said.

    The Oando -Yutong Joint Venture Partnership will among others, “manufacture and deploy additional electric buses during the Pilot and Roll-out phases of the partnership with Lagos State through LAMATA; design and facilitate training programmes targeted at the following critical stakeholders – bus drivers, bus operators, and regulators including but not limited to LAMATA and the Ministry of Transport.